HomeMy WebLinkAboutMiscellaneous - 154 WATER STREET 4/30/2018L9, \ al Y- C-Q-�,
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M6 roperty Record Card
Location: 154 WATER STREET
Owner Name: TERRANOVA REALTY TRUST
FRANK & KATHLEEN TERRANOVA, TRUSTEES
Owner Address: 61 BRENTWOOD CIRCLE
City: NORTH ANDOVER State: MA Zip: 01845
Neighborhood: 5 - 5 Land Area: 0.16 acres
Use Code: 104 -TWO -FAM -RES Total Finished Area: 1956 sqft
ASSESSMENTS CURRENT YEAR PREVIOUS YEAR
Total Value: 304,700 321,800
Building Value: 130,600 147,700
Land Value: 174,100 174,100
Market and Value: 174,100
Chapter Land Value:
http://csc-ma.us/PROPAPP/display.do?linkld=1462255&town=NandoverPubAcc 6/22/2009
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North Andover Board of Assessors Public Access
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North Andover Board of Assessors,
nk roperty Record Card
Location: 61 BRENTWOOD CIRCLE
Owner Name: TERRANOVA, FRANK
TERRANOVA,KATHLEEN
Owner Address: 61 BRENTWOOD CIRCLE
City: NORTH ANDOVER State: MA
Zip: 01845
Neighborhood: 7 - 7 Land Area:
1.01 acres
Use Code: 101-SNGL-FAM-RES Total Finished Area:
2500 sqft
ASSESSMENTS CURRENT YEAR PREVIOUS YEAR
Total Value: 557,800 575,300
Building Value: 333,000 350,500
Land Value: 224,800 224,800
Market and Value: 224,800
Chapter Land Value:
http://csc-ma.us/PROPAPP/display. do?linkld=1461615 &town=NandoverPubAcc
M1;7
6/22/2009
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Building 20, Suite 2-36
North Andover. MA 01845
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Town of North Andover
-Office of the Health Department
Community Development and Services Division
1600 Osgood Street
North Andover, Massachusetts 01845
Debra Rillahan (978) 688-9540 - Phone
Health Dept. (978) 688-9542 - Fax
NORTH ANDOVER BOARD OF HEALTH
ORDER LETTER
Issued under the provisions of the State Sanitary Code, Chapter II, Minimum Standards of
Fitness for Human Habitation, 105 CMR 410.000.
Date: June 22, 2009,
To Owner of Record:
Frank Terranova
61 Brentwood Circle
North Andover, Ma
01845
Dear Mr. Terranova,
Property Location:
154 Water Street
North Andover, Ma
01845
An authorized inspection was made of your property at the above referenced address
by North Andover Health Department personnel on June 22, 2009.
This inspection revealed violations of certain regulations of the State Sanitary Code,
Chapter II, as listed on the attached Violation Form. You are hereby ORDERED to correct
these violations within the time allotted on the enclosed form. Failure to comply within the
specified time period may result in further action by the North Andover Board of Health.
You have the right to request a hearing before the Board of Health if you feel this order
should be modified or withdrawn. A request for said hearing must be made in writing and
received by the Health Department within five (5) days from the receipt of this order. At said
hearing you will be given an opportunity to be heard and to present witnesses and
documentary evidence as to why this order should be modified or withdrawn. All affected
parties will be informed of the date, time and place of the hearing and of their right to inspect
and copy all records concerning the matter to be heard. You may be represented by an
attorney. You have the right to inspect and obtain copies of all relevant records concerning the
matter to be heard.
Debra Rillahan
Health Dept.
BOARD OF APPEALS 688-9541 BUILDING 698-9545 CONSF.R VATION 689-9530 HEALTH 698-9540 PLANNING 688-9535
Re: Property: 154 Water Street
From: North Andover Board of Health
Date: ,Tune 22, 2009
ORDER LETTER
An authorized inspection of 154 Water Street was performed by Board of Health staff on
June 22, 2009 ,at which violations of 105 CMR 410.000 Chapter II of the State Sanitary Code,
Minimum Standards of Fitness for Human Habitation were found. Failure to respond within
the allotted time period may result in a Board of Health finding that the dwelling is unfit for
human habitation.
All violations must be corrected within seven (7) days of receipt of this Order Letter or a plan
for completion must be approved by this office if a professional contractor must be hired to do
the work. A confirmation from
obtained by The Board of Health.
Violation
Regulatory
Reference
Re -Inspection
HEALTH CODE:
CMR:
APPENDIX A
Kitchen Floor
In disrepair
410.500
7/2-
Every owner shall maintain the
floors so that it is watertight and
free from chronic dampness and in
good repair. Further, he shall
maintain every structural element
free from holes, cracks, loose
plaster or defect render the area
difficult to keep clean or
constitutes an accident hazard.
Owner shall repair kitchen floor
Bathroom
410.500
��-
Floor by tub;subfloor soft
�� D
See above code for floor
Owner shall repair bathroom floor
Tub caulking in disrepair. Tub
410.504(c)
l �"�
walls at top porous.
The owner shall provide wall areas
above built-in bathtubs having installed
shower heads and in shower
compartments up to height not less than
six feet above the floor level, with a
smooth, noncorrosive nonabsorbent
waterproof covering. Such wall shall form
a watertight joint with each other and
with either the tub, receptor or shower
floor.
Owner shall provide waterproof,
Smooth, covering from top of tub
Walls to ceiling.
Doorway in disrepair
Door doesn't shut easily
Every owner shall maintain the
doors in good repair and in every
way fit for use intended.
Owner shall replace or repair said
Door, so that it works properly.
Child's Bedroom:
Old light fixture -loose
The owner shall install or cause to
be installed in accordance with
accepted electrical wiring
standards, and maintain free from
defects all electrical fixtures.
Owner shall repair light fixture
Re: Property: 154 Water Street
From: North Andover Board of Health
Date: June 22. 2009
410.500
410.351 �qo,
Window does not lock
410.500
Safety concern
Every owner shall maintain the
windows in good repair and in
v . .
every way for use intended.
Owner shall replace or repair
window so that it closes and locks
Without force.
No posting of owner
information.
An owner of a dwelling which is
rented for residential use, who
does not reside therein and who
does not employ a manager or
agent for such dwelling who
resides therein, shall post or cause
to be posted and maintained on
such dwelling adjacent to the
mailboxes for such dwelling or
elsewhere in the interior of such
dwelling visible to the residents a
notice constructed of durable
material, not less than 20 square
inches in size, bearing his name,
address and telephone number.
Owner shall post information.
Note: Did not observe water
Leaking from dining room
ceiling. Two tiles with old water
stains. Also no noted electrical
problems in kitchen.
Re: Property: 154 Water Street
From: North Andover Board of Health
Date: June 22.2009
410.481
0
r�
s -
v . .
every way for use intended.
Owner shall replace or repair
window so that it closes and locks
Without force.
No posting of owner
information.
An owner of a dwelling which is
rented for residential use, who
does not reside therein and who
does not employ a manager or
agent for such dwelling who
resides therein, shall post or cause
to be posted and maintained on
such dwelling adjacent to the
mailboxes for such dwelling or
elsewhere in the interior of such
dwelling visible to the residents a
notice constructed of durable
material, not less than 20 square
inches in size, bearing his name,
address and telephone number.
Owner shall post information.
Note: Did not observe water
Leaking from dining room
ceiling. Two tiles with old water
stains. Also no noted electrical
problems in kitchen.
Re: Property: 154 Water Street
From: North Andover Board of Health
Date: June 22.2009
410.481
0
r�
Date...
TOWN OF NORTH ANDOVER
PERMIT FOR WIRING
This certifies that ..... ..................................................
has permission to perform . ...... .............................................
wiring in the building of ........ . ........ !.Zig.-:...:
... .......................... North Andover, Mass.
Fee ............. Lic. Nolzll.�,�,41t ................ I
Check #
8643
Commonwealth of Massachusetts Ottani u.e Only
Permit Na.
mDepartent of Fire Services
Occupancy and Pee Chccked
BOARD OF FiRE PREVENTION REGULATIONS (Rev. 11/991 (le ive blank)
APPLICATION FORPERMIT TO PERFORM ELECTRICAL WORK
Alt work to he pertixmeci in acco,rclalice with the Massachusetts Electrical Code (MEC);:537'CR 12.11(1
(PLEASE PRINT IN 11VK OR TYPE ALL INFO01?A1,4TION) Date: �
City or Town of: + r
J ��,�Tf� �,% . yJ 0_- To the InVsheclat q IVh-es:
Cly this applic tt on the undersigned gives notice of his or her. intention to perform the electrical work described below.
Location (Street & Number)S�
Owner on -Tenant ,l lCif/k>/� ��� Telephone No.9%�Gti'
Owner's Address S
Is this permit.in conjunction with a building permit?. Yes [ No ❑ (Check Appropriate (aux)
Purpose of Building Utility Authorization No.
Existing Sel-vice Anips / Volts Overhead ❑ Undgrd ❑ No.
of, Meters
New Service Amps / Volts Overhead[] Undgrd ❑ No. of Meters
Number of Feeders'aind Ainpacity
Location and Nature of Proposed Electrical Work:
r•„ ..... r,.,;.... ..r.r... 1:41,-4 .... ... 1, L. .. . L......:_
No. of Recessed Fixtures
No. of Ceil.-Susp. (Paddle) tans
No. of Total
Transformers KVA
No. 6f,Lighting Outlets
No. of Hot Tubs
.
Generators KVA
No. 01 Lighting Fixtures
Swimming Pooh Above EJ . 1n- ❑
Swimming rrnd. rrnd.
o: c► i mcrgency tb i ong
Batter Units
No. of Receptacle Outlets
No. of Oil Burners
FIRE ALARMS
No. of Zones
No. of Switches
No. of Gas Burners
No. of Detection and
Initiating Devices
No. of Ranges
No. of Air Cond. Total Tons
No. of Alertin r Devices
No. of Waste Disposers
Heat Punip
Totals:
Number
Tons
KW
No. of Self -Contained
Detection/Alertin g Devices
No: of DishwashersSpace/Area
Heating KW
Local ❑ Municipal ❑Other
Connection
No. of Dryers
Heating Appliances KW
Security Systems:
No. of Devices or Equivalent
No. of Water KW
Heaters
No. of No. of
Signs Ballasts
Data Wiring:
No. of Devices or Equivalent
No. Hydromassage Bathtubs
No..of Motors Total HP
Telecommunications Wiring:
No. of Devices or Equivalent
OTFICR: .
A, I IfICI(III wrrot1ut «c7au y rash- •a, 01, u.}' required hr fhe lnspec for of IVirrr.
INSU12ANC:E COVERAGE: Unless waived by file owner; no permit for the performance. of electrical work may issue unless
.the licensee provides proof of liability insurance including "completed operation" coverage or its substantial cquivalcnt. "Phe
Undersigned certifies that such coverage is in force, and has exhibited proof of same to the permit issuing office.
CHECK' ONE: INSURANCE V,BOND ❑ OTHER ❑ (Specify:)
(Expiration Dale)
Estimated Value of Electrical Work: (When required by municipal policy.)
Work to Starr. Inspections to be requested in accordance with MEC Rtile Ib, and upon completion.
I cerfyj�, under the Pains rrnd pens/lies gf'pejrn:p, that the in rrnation on this alyVicdt/on is true arrrl complete.
FIRM NAME: L.1 C. N0.:��,36/�
Licensee:Signature LIC. NO.
(1l`nlv)licahle. eider "c.vempt " in 7hc livensc, ntunhc.r line.) Bus. -Tel. No.: 7S,056161.S0jol
Address 0 ST iouhe e,-1cq) Alt. Tel. No.:
OWNER'S INSURANCE WAIVER: 1 am aware that the Licensee doers riot have the liability insurance Coverage riorm:tlly
required by law. By my signature below, I hereby waive this requiretilert. 1 am the (check one) ❑ owner ❑ owner's'loom.
Owner/Agent
Sig inture Telephone No. PERMIT FEE: $
DelleChiaie, Pamela
Subject:
Housing -154 Water Street
Start Date:
Monday, June 22, 2009
Due Date:
Tuesday, July 07, 2009
Status:
Waiting on someone else
Percent Complete:
50%
Total Work: 0 hours
Actual Work: 0 hours
Owner: DelleChiaie, Pamela
Categories: INSPECTION -HOUSING
Q-0-TI�;D��
Owner: Frank Terranova;
Renter: Angela Hemmngton
Inspection done on Monday, 6.22.09 with Deb & Susan. Order Letter for mailing received end of day on Wed.
Sent Order Letter certified and regular mail on Fri. morning - 6.26.09. Copy to tenant.
Ca "G 7?L710- i- i Tj /- -- J"'O I z.
i3®-----
1
Rillahan, Deb
From:
Sawyer, Susan
Sent:
Monday, July 20, 2009 2:04 PM
To:
Rillahan, Deb
Subject:
154 water st ??
1) Basement stairway has no railing
a. Must be at least one at the proper height
2) Basement exterior door has large gaps around edge
a. Caulk or install weather stripping to make gap no greater than 1/16th of an inch
3) Second floor closet in front room — exposed hot water pipes, sharp corners and baseball size hole in floor.
a. Floors must be safe and free from holes and defects
4) Window not easily open and locked. — Health Dept locked while present. (Recommend keeping locked until
fixed.)
5) Kitchen ceiling stained from old water leak
a. Replace stained tiles
Note:
Tenant did not understand that she was to post the contact information card. Thinks she through it out. Please make
one per the size shown on the order letter and have it posted inside a cabinet or somewhere she can access it.
All other items were noted complete on the inspection conducted today.
Uki
IIIP—d�YA—
ffi
1
Town of North Andover
Office of the Health Department
Community Development and Services Division
1600 Osgood Street - Suite 2-36
North Andover, Massachusetts 01845
DATE- August 3, 2009
TO OWNER OF RECORD
Frank Terranova
61 Brentwood Circle
North Andover, Ma
01845
978.688.9540 - Phone
978.688.8476- Fax
E -Mail: healtlhdept0townofnorthandover.com
Website: ht!p://wAw.to-Anofilorthajidover.co.iii.
Letter Of Compliance
PROPERTY LOCATION
154 Water Street
North Andover, Ma
01845
A Health Department ORDER LE"T"TER dated June 22,2009 was issued to you as owner of
record of the property listed above citing violations of the State Sanitary Code, 105 CMR
410.000, Minimum Standards of Fitness for Human Habitation. A re -inspection of the property
has found that all of the violations noted on the Order Letter have been corrected. The Health
Department would like to thank you for your cooperation.
A copy of this notice of compliance is being sent to the complainant. If there are any questions
over this correspondence by either party, you must contract the Health Department in writing
with your concerns within seven (7) days of receipt of this letter.
cerely,
Debra Rillahan
Health Department
Xc: File
130ARD OF APITAI S 688-9541 BUILDING 688 9545 CONS FRVATION 698-9530 HFA 1,11-1 688-9510 PLANNING 688-9535
f 10RTN q ` .
O ttto hey ti0 -
AVED HEALTH DEPARTMENT
Complaint/Investigation Intake Report - Taken :
Date of Report: (O n o l
Time:��'
Ca a ory/Type of Complaint:
Address/Location of Incident:
C�
u,) air N Prc)d over
Name of OQPe��rson Reporting:
9 9[Phone
pp
Phone Number: (H) or (W): �j� �' X271 � o�DO II
Number: 5535
(Cell):
Name of Alleged Violator:
Phone Number of Alleged Violator:
�Ic-r-e�ra�oua q�g goq
Complaint Details:
• rn d�n►�in rbo m �I I i � s�•I 1 i-eG K�.i ��
- loo v i n K�,��n
est (3Y)d Q o c &-W
u
3b b � s
CIA
Recommended corrective action to be taken:
I
i
Immediate corrective action to be taken:
To be Investigated by:
Title:
I Date Scheduled for Investigation:
Date Submitted for Data Entry:
_
Date
Entered:
v
1'
Rillahan, Deb
From:
fterranova671@comcast.net
Sent:
Thursday, July 16, 2009 11:41 PM
To:
Rillahan, Deb
Subject:
154 water st
ti Dear Debby,
I am requesting an extension until July 16. 1 believe all the work on the list has been completed.
Please call me if you have any questions. 978-683-3164
Thank you,
Frank Terranova
NORTH ANDOVER HEALTH DEPARTMENT
27 Charles Street • North Andover, MA 01845
Tel. 978 688-9540 • Fax: 978 688-9542
email: healthdept@towdofnorthandover.com
Complaint Investigation/Inspection Report
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OWNER"rl�1r�.�
ADDRESS
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46
Town of North Andover
Office of the Health Department
Community Development and Services Division
1600 Osgood Street
North Andover, Massachusetts 01845
Debra Rillahan (978) 688-9540 - Phone
Health Dept. (978) 688-9542 - Fax
NORTH ANDOVER BOARD OF HEALTH
ORDER LETTER
Issued under the provisions of the State Sanitary Code, Chapter II, Minimum Standards of
Fitness for Human Habitation, 105 CMR 410.000.
Date: June 22, 2009,
To Owner of Record:
Frank Terranova
61 Brentwood Circle
North Andover, Ma
01845
Dear Mr. Terranova,
Property Location:
154 Water Street
North Andover, Ma
01845
An authorized inspection was made of your property at the above referenced address
by North Andover Health Department personnel on June 22, 2009.
This inspection revealed violations of certain regulations of the State Sanitary Code,
Chapter II, as listed on the attached Violation Form. You are hereby ORDERED to correct
these violations within the time allotted on the enclosed form. Failure to comply within the
specified time period may result in further action by the North Andover Board of Health.
You have the right to request a hearing before the Board of Health if you feel this order
should be modified or withdrawn. A request for said hearing must be made in writing and
received by the Health Department within five (5) days from the receipt of this order. At said
hearing you will be given an opportunity to be heard and to present witnesses and
documentary evidence as to why this order should be modified or withdrawn. All affected
parties will be informed of the date, time and place of the hearing and of their right to inspect
and copy all records concerning the matter to be heard: You may be represented by an
attorney. You have the right to inspect and obtain copies of all relevant records concerning the
matter to be heard.
Health Dept.
BOARD OF APPEALS 689-9541 BUILDING 688-9545 CONSERVATION 688-9530 HI:iALTH 688-9540 PLANNING 688-9535
Re: Property: 154 Water Street
From: North Andover Board of Health
Date: June 22, 2009
ORDER LETTER
An authorized inspection of 154 Water Street was performed by Board of Health staff on
June 22, 2009 ,at which violations of 105 CMR 410.000 Chapter II of the State Sanitary Code,
Minimum Standards of Fitness for Human Habitation were found. Failure to respond within
the allotted time period may result in a Board of Health finding that the dwelling is unfit for
human habitation.
All violations must be corrected within seven (7) days of receipt of this Order Letter or a plan
for completion must be approved by this office if a professional contractor must be hired to do
the work. A confirmation from
obtained by The Board of Health.
Violation
Regulatory
Reference
Re -Inspection
HEALTH CODE:
CMR.-
MRAPPENDIX
APPENDIXA
Kitchen Floor
410.500
In disrepair
Every owner shall maintain the
floors so that It is watertight and
free from chronic dampness and in
good repair. Further, he shall
maintain every structural element
free from holes, cracks, loose
plaster or defect render the area
difficult to keep clean or
constitutes an accident hazard.
Owner shall repair kitchen floor
Bathroom
410.500
Floor by tub;subfloor soft
(See above code for floor)
Owner shall repair bathroom floor
Tub caulking in disrepair. Tub
410.504(c)
walls at top porous.
Re: Property: 154 Water Street
From: North Andover Board of Health
Date: June 22. 2009
The owner shall provide wall areas
above built-in bathtubs having installed
shower heads and in shower
compartments up to height not less than
six feet above the floor level, with a
smooth, noncorrosive nonabsorbent
waterproof covering. Such wall shall form
a watertight joint with each other and
with either the tub, receptor or shower
floor.
Owner shall provide waterproof,
Smooth, covering from top of tub
Walls to ceiling.
Doorway in disrepair
Door doesn t shut easily 410.500
Every owner shall maintain the
doors in good repair and in every
way fit for use intended.
Owner shall replace or repair said
Door, so that it works properly.
410.351
Child's Bedroom:
Old light fixture -loose
The owner shall install or cause to
be installed in accordance with
accepted electrical wiring
standards, and maintain free from
defects all electrical fixtures.
Owner shall repair light fixture
Window does not lock' 410.500
Safety concern
Every owner shall maintain the
windows in good repair and in
every way for use intended.
Owner shall replace or repair
window so that it closes and locks
Without force.
No posting of owner
information.
An owner of a dwelling which is
rented for residential use, who
does not reside therein and who
does not employ a manager or
agent for such dwelling who
resides therein, shall post or cause
to be posted and maintained on
such dwelling adjacent to the
mailboxes for such dwelling or.
elsewhere in the interior of such
dwelling visible to the residents a
notice constructed of durable
material, not less than 20 square
inches in size, bearing his name,
address and telephone number.
Owner shall post information.
Note: Did not observe water
Leaking from dining room
ceiling. Two tiles with old water
stains. Also no noted electrical
problems in kitchen.
410.481
Re: Property: 154 Water Street
From: North Andover Board of Health
Late: June ii, zuuv
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-.ead Safe Homes Search Page 1 of 1
Health and Human Services MaSS4,ii
November 5, 2008 HOME 'CONSUMERS PROVIDERS 'RESEARCHERS 'GOVERNMENT
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Search Criteria: (1
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Town
NORTH ANDOVER
StreetName :
Water St
Street Number:
154
Town Address
Unit Inspection
Inspection Type Outcome
Inspected By
Inspector
Date
Licence#
NORTH 154 Water St
5/5/1992
Comprehensive Violations Found
Eloida Guerrero
2221
ANDOVER
Initial Inspection
NORTH 154 Water St
5/6/1992
Inspection Completed
Eloida Guerrero
1404
ANDOVER
NORTH 154 Water St
7/24/1992
Letter of Full Issued
Eloida Guerrero
2221
ANDOVER
Deleading Comp
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�://webapps.ehs.state.ma.us/Leadsafehomes/SearchLeadSafeHomei.aspx?Town--N®RTH+AND... 11/5/2008
105 CMR: DEPARTMENT OF PUBLIC HEALTH d
460.020: continued
Training Provider means an entity certified pursuant to 105 CMR 460.410 to provide training for
persons to become lead inspectors and risk assessors, and to provide the course of instruction to
owners and owner's agents to become authorized to perform moderate -risk abatement.
Urgent Lead Hazards means loose paint, plaster or putty containing dangerous levels of lead;
conditions requiring safeguards under 105 CMR 460.105(A)(3); dust with lead levels in excess
of acceptable standards under 105 CMR 460.170, and structural defects.
Work Area means a room or interior or exterior common area within which abatement or
containment or interim control work is taking place. When a door, door casing, doorjamb or
threshold is being abated or contained, the work area shall include the adjoining room or hallway
on each side of the door. When a common area hallway is being abated or contained, the work
area shall include all the contiguous space of the hallway on that floor or at a maximum, ten feet
in either direction beyond the surfaces being abated or contained. When exterior abatement
and/or containment is taking place, the work area shall include ten feet in either direction beyond
the area being abated or contained.
X -Ray Fluorescence Analyzer means any mobile instrument which measures on site lead
concentration in milligrams per square centimeter (mg/cm).
460.040: Mandatory Reporting of Cases of Lead Poisoning
Pursuant to M.G.L. c. 111, § 191, physicians, other health care providers, and private
laboratories shall report all cases of childhood lead poisoning known to them to the Director
within three working days of identification, unless previously reported. Should a child suffer
multiple episodes of lead poisoning, each episode must be reported.
1�(A)-Health`Care Provider-Appl-icability:-Pur-suant to M.G:L: c 112; § i2BB
(1) Each physician duly registered under the -provisions of M.G.-c.4 L---12, §§ 2 2A; 9.,,9A�
�or 9B shall -screen _ patients for lead poisoning at the intervals and using the methods specified
in ,105 CMR 460.050; and_ -
t(2) `Each licensed, registered or approved.health care:.facility serving, children under six
years of age, including but not limited to hospitals and clinics licensed under the provisions "
tof M.G L-. c. 111, § 51 shall take appropriate steps to ensure that their patients receive such
lead poisoning screening; and
(3)=Each health maintenance organization licensed under the provisions of M.G.L. c. 176
--shall take appropriate steps to -ensure that its patients receive such lead poisoning scree
__ning: v t
j
L(B) A venous blood sample"is recommended for screening. If a capillary -sample -is -used— --7
screening shall -conform to the capillary blood sample protocol approved by the Director.
(`C) Regular Screening of Children for Lead Poisoning
L (1) All children shall be screened once between the ages of nine months and -12 months, and r .
again at ages two and three.
(2)anat
,-In-addition; children who live in one of the cities and —town high risk foi childhood
lead poisoning, as determined by the State Program and distributed to clinicians -and tthe
public, shall be screened at age four.
(D) Screening of Children at High Risk for Lead Poisonin_7 ._
(1.)1 Children shall be screened for lead poisoning more than once a year when they meet one
of the high-risk criteria1isted below, or whenever in the sound medical judgment of the
health care -provider they are at high risk of lead poisoning:` -
C - (a) Living in a pre -1978 home with deteriorated paint or plaster, unless it has been
inspected by a lead inspector and found not to contain lead-based paint: At least every
six months between the ages of six months and three years, and again at ages four and -
Eb
ve
)'Having siblings or playmates who are lead poisoned: At least every six months
etween the ages of six months and three years, and again at ages four and five.r
8/30/02 (Effective 9/1/02) 105 CMR - 1928
105 CMR: DEPARTMENT OF PUBLIC HEALTH
460.105: continued
(b)_ If the licensed code enforcement risk assessor identifies_urgent lead hazards, or in
any case involving a child who is lead poisoned, an Order to Correct Violation(s) shall
be issued, and the owner of the unit shall be required to bring the unit into full
compliance, in accordance with the deadlines in 105 CMR 460.751(A) or (B), as
applicableIn cases in which the only urgent lead hazards are dust lead levels in excessM
�of those acceptable under 105 CR 460.170, the Director may grant exceptions to the'
requirement to bring the unit into full compliance pursuant to specified conditions
established on a case-by-case basis.
(c) --During the period -of time within which the owner must achieve full compliance
under the Order to Correct Violation(s), the owner of the unit with a Letter of Interim
Control -shall not be held strictly liable for injury.or damage caused by exposure to
�dangerous-levels of lead, as long as the owner meets each successive deadline set forth in
105. CMR 460..751(A) or (B), as applicable, for complying with the Order to Correct
Violation(s). If the successive deadlines of 1 -05 -CMR 460.751(A) or (B), as applicable, _P
are not met, then the Letter of Interim Control shall be revoked.` -"
460.110: Lead Violations: Abatement and Containment Requirements for Full Compliance
(A) Repainting with non -lead-based paint without abatement or containment of the offending
paint, plaster, or other material, does not constitute compliance with M.G.L. c. 111, § 197.
(B) Pursuant to M.G.L. c. 111, § 197, abatement or containment of lead-based paint, other
coating, plaster or putty must be performed as follows:
(1) Loose lead-based paint, other coating, plaster or putty on surfaces that are neither
moveable impact surfaces nor accessible mouthable surfaces must be made intact or
contained.
(2) Lead-based paint, other coating, plaster or putty on moveable impact surfaces shall be
abated, or, with the exception of window sashes that are part of an interior habitable area or
which need to be useable to meet ventilation requirements under the state Building Code,
contained with an approved covering. In the case of metal windows, only lead-based paint
or other coating on the sills shall be abated or contained. Other moveable impact surfaces on
metal windows must be intact or, if loose, made intact.
(3) Lead-based paint, other coating, plaster or putty shall be abated on accessible,
mouthable surfaces to a height of five feet, and four inches in from each edge, or such
surfaces may be contained. In the case of metal accessible, mouthable surfaces, only lead-
based paint, other coating, plaster or putty on handrails and railing caps, including handrails
and railing caps on fire escapes when the fire escapes are used as porches, must be abated or
contained. Other accessible mouthable metal surfaces must be intact. Baseboards with an
exposed horizontal edge may have quarter -round molding, or other molding approved by the
Director, applied to the top edge. Encapsulants applied to suitable accessible, mouthable
surfaces must be applied to the entire surface, rather than only to a height of five feet and
only four inches in from each edge.
(C) Only authorized persons shall perform abatement or containment activities. The following
authorized persons may perform the following categories of abatement and containment
activities:
(1) Licensed deleaders may perform all abatement and containment activities, including
encapsulant use if their deleader training included encapsulant training, in accordance with
the requirements of 105 CMR 460.000 and 454 CMR 22.00.
(2) Effective February 4, 2000, licensed lead -safe renovators and owners and owners'
agents authorized to perform moderate -risk abatement may perform all moderate- and low-
risk abatement and/or containment activities, subject to the requirement of 105 CMR
460.110(C)(4), in accordance with the requirements of 105 CMR 460.000 and 454 CMR
22.00.
8/30/02 (Effective 9/1/02) 105 CMR - 1935
105 CMR: DEPARTMENT OF PUBLIC HEALTH
460.105: continued
(b) If the owner has not completed the repair or restoration work necessary to maintain
the standard of the Letter of Interim Control within 14 days of being notified in writing
by the occupant, a licensed code enforcement risk assessor, or any risk assessor
authorized to work as an agent of the State Program shall conduct a risk assessment
pursuant to 105 CMR 460.105(A), except that the risk assessor need not perform another
lead inspection, to find whether or not the dwelling unit or residential premises contains
urgent lead hazards.
1. If the licensed code enforcement risk assessor, or risk assessor authorized to work
as an agent of the State Program finds no urgent lead hazards, the Letter of Interim
Control remains valid.
2. If the licensed code enforcement risk assessor, or risk assessor authorized to work
as an agent of the State Program identifies urgent lead hazards in the dwelling unit or
residential premises, the risk assessor shall issue a risk assessment report listing all
the urgent lead hazards that must be corrected and shall also issue an Order to
Restore Interim Control Measures. The owner shall have 30 days from receipt of the
risk assessment report and the Order to Restore_ Interim Control Measures to
complete the required repairs or restoration, or such greater time period as allowed in
exceptional cases by the Director, or, in their own respective cases, by a local code
enforcement agency or board of health, or by judicial order. The repair or restoration
work shall be performed in accordance with 105 CMR 460.105(B).
(c) 30 days following the owner's receipt of the Order to Restore Interim Control
Measures, or sooner if requested by the owner, or upon the expiration of such greater
period of time as allowed in exceptional cases by the Director, or, in their own respective
cases, by the local code enforcement agency or board of health, or by judicial order, on a
case by case basis, for the owner to complete repairs or restoration, a licensed code
enforcement risk assessor, or a risk assessor authorized to work as an agent of the State
Program, shall conduct one or more risk assessment reinspection(s). If all urgent lead
hazards identified in the reinspection report have been corrected by the 30th day, or upon
the expiration of such greater period of time as allowed in exceptional cases by the
Director, or, in their own respective cases, by the local code enforcement agency or
board of health, or by judicial order, the Letter of Interim Control shall remain valid.
(d) If the owner fails to complete repairs or restoration as required by the Order to
Restore Interim Control Measures within the required time period, the State Program or
local code enforcement agency or board of health shall revoke the Letter of Interim
Control for the dwelling unit or residential premises, and issue the owner an Order to
Correct Violation(s) which shall require the owner to obtain a Letter of Full Compliance
within the timelines of 105 CMR 460.751(C).
(e) During the period of time within which the owner must complete repairs or
restoration, in accordance with 105 CMR 460.105(G)(1)(b) and (c), the owner of the unit
with a Letter of Interim Control shall not be held strictly liable for injury or damage
caused by exposure to dangerous levels of lead, as long as the owner meets the
applicable deadlines set forth in 105 CMR 460.105(g) 1)(t) and (c)��,
-'—"—� E.(2)'Identification of a Child with a Blood Lead Level in Excess of the Level Considered
Dangerous to the Child's Immediate Health, or a Child Who is Lead Poisoned. A licensed
code enforcement risk assessor shall -conduct a post compliance assessment in any dwelling
unit residential premises with a Letter of Interim Control in which a child is identified as
lead poisoned or as having a blood lead level in excess of the level considered dangerous to
he child's immediate health, in accordance with M.G.L. c. 111; § 197C(b) and 105 CMR
�
460.020 _, _ en - _
he '
(a); If the'licsed code enforcement risk assessor finds no urgent lead hazards intlt
dwelling unit or residentialpremises of a child with a blood lead level in excess of the
level considered. dangerous to the child's immediate health as a result of the_risk
I the Letter of Interim Control shall remain valid and the -risk _as_sessor shall
'it nvestigate other potential sources of lead exposure as appropriat
8/30/02 (Effective 9/1/02)
105 CMR - 1934