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HomeMy WebLinkAbout2021-06-24 Board of Health Minutes North Andover Board of Health Meeting Minutes Thursday—June 24, 2021 7:00 p.m. 120 Main Street,Board of Select Room Live broadcast can be heard on www.northandovercam.org Present: Joseph McCarthy,Dr.Patrick Scanlon,Max Tilson,Brian LaGrasse,Stephen Casey Jr,Caroline Ibbitson and Toni K Wolfenden. I. CALL TO ORDER The meeting called to order at 7:00 pm. II. PLEDGE OF ALLEGIANCE IIl. APPROVAL OF MINUTES Meeting Minutes from May 13,2021 presented for signature. Motion made by Dr.Patrick Scanlon for approval,seconded by Dr.Max Tilson,all in favor and the minutes approved.(3-0-0) IV. NEW BUSINESS A. MOTION made by Dr.Patrick Scanlon to nominate Joseph McCarthy as Chairman for the Board of Health. Motion seconded by Dr.Max Tilson.All in favor,motion approved. (3-0-0) B. MOTION made by Dr.Patrick Scanlon to nominate Michelle Davis as Clerk for the Board of Health.Motion seconded by Dr.Max Tilson.All in favor,motion approved. (3-0-0) V. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION A. COVID-19 Updates— Brian LaGrasse—Covid19 has been winding down. The State of Emergency ended on June 15,2021. All restrictions have been lifted. General guidance and recommendations can be found on the Massachusetts website(Mass.gov). People who do not feel safe are encouraged to wear masks. Minimal testing is still being conducted. 27,000 test were completed today,June 24,2021,with 68 positive cases across Massachusetts. The positivity rate is 0.3%,which is very good. Over the past 1 'h year,Massachusetts has seen 663,000 positive cases,which is 10%of the population of the state. 4.1 million people in Massachusetts have now been fully vaccinated,which equals two-thirds of the entire state. The vaccine is extremely effective. North Andover has zero cases. For the,age group of 75+,in the Town of North Andover,95%have been vaccinated with one dose, 88%have two.Ages: 65+92%,50+84%,30-49 79%, 20-29 72%, 16-19 62%,and the middle school children ages 12-15 are at 65%vaccinated. For total population,the Town of North Andover is at 68%for the first dose and 61%for the second dose. The vaccination is readily available. North Andover has seen 3043 cases of COVID-19 out of a population of 32,000. The infection rate was about 10%. The mortality rate was 0.3%which is very low. The Board of Health discuss the COVID-19 vaccine and herding. 2021 North Andover Board of Health Meeting Page 1 of 3 Board of Health Members:Joseph McCarthy,Chairman;Michelle Davis,RN,Clerk/Member;Daphnee Alva-LaFleur,Member; Dr.Patrick Scanlon,DO,Town Physician/Member;Max Tilson MD,Member Health Department Staff:Brian LaGrasse,Health Director;Stephen Casey Jr.,Health Inspector;Caroline Ibbitson,Public Health Nurse;Toni K.Wolfenden,Health Department Assistant Stephen Casey—Stephen's position as inspector has almost completely gone back to pre-COVID-19 workload. With today's housing market,septic system testing and inspections has been extremely busy. Currently,there are 11 open permits. Some are new construction,most are for full repairs. The Friendly Toast is coming to North Andover. They are currently working through the plan review phase. There has been a great deal of temporary food permits,mobile food permits and inspections because,the Farmers Market, Smolak Farms and Stevens Coolidge Place have resumed their event schedules. There have been a few housing complaints that needed to be addressed. Pool inspections are almost completed. The sunscreen dispensers are being placed at the parks and Stevens Pond with the help of DPW. Laura Vlasuk has been very helpful assisting with the inspections. Caroline Ibbitson—The public health nurse has been doing a small amount of contact tracing,but nothing crazy. Caroline has been working on the vaccinating elderly people with the shingles vaccine, Shingrix. There is a wait list. Various summer camps are in the process of being permitted. Both recreation and residential camps can run this year. Steven's Pond is open. The Board of Health discuss missed cancer diagnoses over the past 1 '/z year due to COVID-19. B. Short and Long Term Priority Assessment Joseph McCarthy—Joe explains that meetings will be concise,focusing on education,and information. Guest will be invited to speak,such as representatives from Northeast Mosquito Control,primarily on health and safety issues. The Board of Health Regulations will be reviewed,and,if necessary,eliminate or updated. Please see packets for the list of regulations(Appendix A).Timelines will not be established because there are a large number of regulations to be reviewed. Joe anticipates the department and board will be very busy primarily due to lost time during COVID-19. Joe reviews the ten essential public health services(Appendix B). Brian LaGrasse- Brian discusses the short and long term priority assessment goals,tasks, accomplishments and statistical highlights. The pandemic made the department reevaluate everything that is done on a daily basis,with a focus on being effective. The department is very busy including statutory requirements of inspections and permitting and enforcement. There will be some short term goals to improve policies,creating new regulations,updating old regulations. Currently,the department is working under the 2013 federal food code,which was adopted two years ago. Long term goals is were Brian would like to focus his attention on. A Community Health Assessment will be done to analyze the needs of our town. Experts and consultants will be called in to work on an overall assessment. This is done by local hospitals every three years. Both,Lawrence General Hospital and Holy Family Hospital do not necessarily fit the North Andover demographic. Throughout the pandemic,the department saw many shortcomings, which were not known to be needed. Food insecurities was a serious problem as were health inequities, mobility and transportation issues. The health needs assessment will gather the data and then come up with an effective action plan to address the needs that are identified. North Andover has never done this;most towns do not have the capacity and staff to complete the massive project. The City of Worcester completed their assessment about five years ago. They received accreditation through the federal government. Now is the time for North Andover to fmd out what the needs are and address them. Brian has reached out to Health Resources in Action,which has done the Lawrence General Hospital assessment. Andover is also interested. Brian will be looking into a regional grant for epidemiologists and contact tracers and would look for possible grants for the needs assessment. Currently,the health department has three part time employees being compensated through the Cares Act. They consist of an extra inspector and two extra part-time nurses. Training for new board members is being investigated for dates and times. The department would like to offer Servsafe certification sometime soon. VI. ADJOURNMENT MOTION made by Dr.Max Tilson to adjourn the meeting.Dr.Patrick Scanlon seconded the motion and all in favor,motion approved.The meeting adjourned at 7:51 pm. North Andover Board of Health Meeting Minutes Thursday—June 24, 2021 7:00 p.m. 120 Main Street,Board of Select Room Live broadcast can be heard on www.northandovercam.org Prepared by: Toni K. Wolfenden, Health Dept.Assistant Reviewed bv: All Board of Health Members&Brian LaGrasse, Health Director Signed bX: lw4u#&7K— (I 1� 21 the a avis, Clerk of the oard Date Signed Documents Used At Meeting: Agenda Appendix A Regulations and Goals Appendix B Essential Public Health Services MAHB Duties of Local Boards of Health In Massachusetts 2021 North Andover Board of Health Meeting Page 3 of 3 Board of Health Members:Joseph McCarthy,Chairman;Michelle Davis,RN,Clerk/Member;Daphnee Alva-LaFleur,Member; Dr.Patrick Scanlon,DO,Town Physician/Member;Max Tilson MD,Member Health Department Staff:Brian LaGrasse,Health Director;Stephen Casey Jr.,Health Inspector;Caroline Ibbitson,Public Health Nurse;Toni K.Wolfenden,Health Department Assistant North Andover Board of Health Meeting Agenda Thursday,June 24,2021 7:00 pm 120 Main Street,2°d Floor Selectmen's Meeting Room North Andover,MA 01845 Live broadcast can be heard on www.northandoverma.gov I. CALL TO ORDER II. APPROVAL OF MEETING MINUTES A. May 13,2021 III. NEW BUSINESS A. Board of Health-Elections B. Short and Long Term Priority Assessment IV. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSIONS A. COVIDI9-Updates V. ADJOURNMENT 2021 North Andover Board of Health Meeting-Meeting Agenda Page 1 of 1 Note: The Board of Health reserves the right to take items out of order and to discuss and/or vote on items that are not listed on the agenda. Board of Health Members: Joseph McCarthy,Chairman;Michelle Davis,RN,Clerk/Member;Daphnee Alva-LaFleur,Member; Dr.Patrick Scanlon,D.O.Town Physician/Member;Dr.Max Tilson,MD,Member Health Deuartment Staff:Brian LaGrasse, Health Director;Stephen Casey,Public Health Inspector;Caroline Ibbitson,RN,Public Health Nurse;Toni K.Wolfenden, Health Department Assistant. 6/24/2021 Fwd:FY 22 Narrative and Goals-blagrasse@northandoverma.gov-Town of North Andover Mail Body Art Recreational Camps Dumpsters Infectious Disease Food Storage, mobile, catering, temporary etc Offal Haulers Outdoor Wood boilers Septic Suntanning Tobacco Trash Haulers Recombinant DNA Wells State Laws we are responsible for include: Food Housing Septic Animals-general Beaver Control Communicable Diseases, Tb, COVID, measles etc Zoonotic Diseases, EEE WNV, Rabies, Animal bites Barns Nuisances(odor, rodents, noise) Recreational Camps for Children Trash/Offal Medical Waste Weights and Measures All Public Health MGL's. Skating Rinks Sharps Disposal Trench Permits Funeral Homes Beaches Pools Hotels/Motels Federal law we enforce is the Federal Food Code as part of food protection program And this is just off the top of my head. I'm sure there are some more httns-Hmail_annnle cnm/mail/n/(ll9tah=rmR7Y=h9nnsi9anahn*inhnv/C]Ilnr.Hrk\inNr1RXvHtiT,.,YnhFRNnhnPP�nn.YifnIA/i,TcZk.Pr nUrnontix,irr pk 11 HEALTH DEPARTMENT MISSION STATEMENT The mission of the Health Department is to protect and promote public health, the environment and wellbeing of the Town of North Andover residents,businesses and visitors. SIGNIFICANT CHANGES The Department is hiring a new Health Inspector. PRIOR YEAR ACCOMPLISHMENTS • Completing the transition to all online permit applications. • Continuing to improve the permitting process for food establishments and consolidated, simplified and streamlined the applications and process from the plan review process through the application and annual renewal process. • Hosted low cost food safety trainings for licensed food establishments. • Hosting food code trainings for all establishments as Massachusetts adopted the 2013 Federal Food Code from the 1999 food code. • Expanded the vaccine program and offer pneumonia vaccine, increased flu vaccine administration and will offer shingles vaccine. • Continued to assess the opioid epidemic through conversations with the Board of Health, other town departments and community and regional entities. Continuing collaboration with other departments and the Community Support Coordinator. • Increased awareness of the Sharps Recover Program by posting notice on the Town's website,working with the Fire Department and issuing community press releases. • Implemented, in conjunction with Youth & Recreation Services, a new Running Series for preschool age kids through third graders in the spring and fall. • Implemented additional public outreach and education campaigns such as a Board of Health Guest Speaker series, host a lecture series at the Stevens Memorial Library, and had Dr. Potee present on the adolescent brain and addiction at North Andover high school. Increased the Department's social media presence with outreach and posts. • The trash truck monitoring and enforcement program is increasing compliance and permitting. • Drafted and approved an addendum to the body art regulations to regulate on permit new procedures and services being offered by body art practitioners FY20 GOALS • Implement a rental housing inspection program and rental occupancy permit to help protect tenants and landlords. • Review the need for drafting and adopting Animal Regulations. • Continue opioid and substance abuse outreach and education. • Continue the Board of Health guest speaker series. • Review and update all of the content on the Health Departments website. • Increase dumpster permits and ensure all dumpsters are permitted annually and inspected. • Purchase and install dog stations around town common and determine other areas that may also need them. • Sponsor adolescent and adult Mental Health First Aid training for employees and residents through various town departments. HEALTH DEPARTMENT MISSION STATEMENT The mission of the Health Department is to protect and promote public health, the environment and wellbeing of the Town of North Andover's residents,businesses and visitors. HIGHLIGHTS FROM 2020 • The Health Department assisted all townspeople, businesses, employees, schools including Merrimack College and Brooks with all aspects of COVIDI9 • Assisted with outdoor seating, indoor seating, pool guidance, enforcement and interpreting guidance for all aspects of the COVIDI9 Regulations and Orders • Implemented quarantine, isolation and contact tracing regulations for COVID 19 • Vaccinated 1st Responders and Seniors for COVIDI9 • Began updating Local Food Regulations, Septic System, and Animal Regulations • Assisted with the opening of new restaurants • Implemented the 1 st Drive thru Flu Clinic • Aided in Food Delivery to those impacted by COVIDI9 SIGNIFICANT STATISTICS Commercial Permitsl — 179 Professional Permits2—68 Food Est./Related Permits &Reviews3 —211 Septic (all related reviews/permits/inspections)— 131 Offal Haulers/Trash Haulers and Placards—301 1 —Animal (16), Body Art (3), Ice Rink (0), Rec Camps (4), Sun Tanning (1), Swimming Pools (12), Tobacco (19), Well (1),Dumpster(123) 2—Body Art Est(4), Funeral(2), Septic Installer(38), Septic Inspector(25) 3 —Food (155), Temp (48), Food Plans (8) 4—Title 5 (69),Plan Reviews(9), Soils(13), Repairs(38), Trench(2) 5—Offal (78), Trash Hauler(49),Placards(174) CURRENT STAFF AND/OR BOARD MEMBERS • Brian LaGrasse—Health Director • Stephen Casey,Jr.—Health Inspector • Caroline Ibbitson,RN—Public Health Nurse • Toni K. Wolfenden—Department Assistant • Kelechi Obika—Health Inspector PT • Judith Sullivan—Nurse PT • Melissa Bene—Nurse PT • Dr. Patrick Scanlon D.O., - Town Physician • Joseph McCarthy—Chair • Michelle Davis, RN—Clerk • Daphnee Alva-LaFleur—member • Dr. Max Tilson, M.D - member 10 Essential Public Health Services • Monitor health status of community • Investigate and diagnose health problems and health hazards within the community • Inform., educate, and empower residents about health issues • Mobilize community partnerships to solve health problerr►s • Develop policies that support individual and community health efforts 10 Essential Services , Continued . . . • Enforce laws and regulations that protect health and ensure safety • Link people to needed personal health services and assure the provision of health care when otherwise unavailable • Evaluate effectiveness, accessibility, and quality of health services • Research for new insights and innovative solutions to health problems 10 Essential Health Services Essential Service # 1 : Monitor health status of Community • Does the BOH assure that a community assessment is done at least once every (3-5) years? • Does the BOH assure resources, services and activities are directed toward specific health priorities? • Does the BOH assure strategic plans address priorities identified through community assessments and activities are targeted toward key groups? Essential Service #2. Investigate and diagnose health problems and health hazards within the community Essential #3*o Inform, educate,ate, and e1npower residents about health issues • Does the BOH represent key constituents in the community, or assure that there are mechanisms to gain input directly for key constituent groups? • Does the BOH facilitate relationships and collaborative agreements with community stakeholders? • Does the BOH assure resources and personnel are in place for community mobilization? • Does the BOH participate in face-to-face meetings with members of the community to identify, prioritize and plan for community health? • Does the BOH maintain an ongoing relationship and communication with the News Media? Essential Bernice #4.0 Mobilize Community Partnerships to Solve Health Problems Essential # 6: Enforce laws and re s. that protect health and ensure sa et • Does the BOH assure that policies and rules are developed in ways that address and protect the needs and interests of special populations? • Does the BOH assure groups and individuals affected by rules and regulations are informed and trained in how to meet the established requirements? • Does the BOH assure resources are in place to produce accurate and timely reports? • Does the BOH assure that the health agency regularly monitors and enforces quality standards? • Does the BOH routinely review rules and regulations to assure that they are current and being administered appropriately? Essential # 7: Link people to needed personal health services and assure the provision Of health cage when otherwise unavailable • Does the BOH assure community involvement in defining roles for the public health agency? • Does the BOH assure that the public health agency participates in outreach activities? • Does the BOH participate in outreach by meeting with other boards, political bodies, and key community groups? • Does the BOH endorse and support the public health agency's partnerships with other community groups and organizations? Essential Service # 8 • Does the BOH assure that all employees within the public health agency meet necessary professional standards? • Does the BOH annually evaluate the performance of the local health director (officer)? • Does the BOH annually review and evaluate its owls performance? • Does the BOH assure that all members of the BOH are adequately trained and prepared to serve on the BOW • Does the BOH assure that resources are available for training and education of BOH members? Essential # 9.* Evaluate effectiveness, accessibility, and qualitjl of health services • Does the BOH regularly evaluate the performance and services provided by the local public health agency? • Does the BOH regularly evaluate the health agency's impact on the health status of the population that it serves? • Does the BOH regularly evaluate how customer satisfaction with the public health agency? • Does the BOH assure that the public health agency participates with other health organizations in evaluating the health of the community`.' Essential #10: Research for new insigrhts and innovative solutions to health problems • Does the BOH assure that resources are available for research and innovation in public health? • Does the BOH regularly review research on the health of the community? • Does the BOH integrate research findings and related information into its policies and plans? • Does the BOH support and facilitate linkages between the public health agency and institutions of higher education and research? I Assisting Ma=6LLserts Boards of Hcdrh Through Training,Technical Advia and Representauor DUTIES OF LOCAL BOARDS OF HEALTH IN MASSACHUSETTS The following is not intended as legal advice but as a quick and convenient summary. To avoid errors,please check the original source regulation or law before using these citations in an official document. For more detailed information,refer to the MAHB Legal Handbook,or the Guidebook for Massachusetts Boards of Health Local boards of health in Massachusetts are required by state statutes and regulations to perform many important and crucial duties relative to the protection of public health, the control of disease, the promotion of sanitary living conditions, and the protection of the environment from damage and pollution. These requirements reflect the legislature's understanding that many critical health problems are best handled by the involvement of local community officials familiar with local conditions. The following is a list of duties and responsibilities of local boards of health in Massachusetts. Each item includes a citation to the statute or regulation which imposes the duty or responsibility. The items have been grouped under general subject categories. Following this listing of Required Duties is a list of Additional Powers of local boards of health which extend the local board's authority over the broad range of health,sanitation and environmental problems. A. Records,Recordkeeping and Reports: 1. In cities, submit an annual report to the city council concerning the board's activities during the preceding year and concerning the sanitary condition of the city. M.G.L. c.111,s.28. 2. Maintain numerous records and retain them for required minimum retention periods. (A list of approximately three dozen categories of board of health records and their retention periods,will be found in the Guidebook for Massachusetts Boards of Health published by the Massachusetts Association of Health Boards. 3. Process numerous types of reports of cases of diseases. These reports are detailed in Food Borne Illness Investigation and Control Reference Manual, and MAHB Guide book. 4. Process of death certificates. M.G.L.c.46,s.11. B. Health Care and Disease Control: 1. Upon request, telephone to a gas and electric utility company and certify in writing within seven(7)days of said telephone call that there is a serious illness in a residence such that no gas or electric company shall shut off or fail to restore gas or electric service f in any residence during such time as there is a serious illness. M.G.L.c.164, s.124A; 220 r CMR 25.03(2). 2. Receive reports of cases of disease dangerous to public health. Keep records of these reports and also forward copies of these reports to the local school committee, and to other local boards in whose jurisdiction the patient resides, or may have contracted the disease, or may have exposed others. M.G.L. c.l l 1, s.l 11. See 105 CMR 300.100 for list of diseases required to be reported. 3. Report cases of dangerous diseases to the Department of Public Health within twenty- four hours. M.G.L.c.111,s.112. See 105 CMR 300.100 for a list of diseases required to be reported. 4. Consult with the Department of Public Health regarding the prevention of dangerous diseases. M.G.L.c.l 11,s.7. 5. Send to the Department of Public Health weekly reports of deaths due to dangerous diseases. M.G.L.c.l 11 s.29. 6. Receive notices of school children sent home because of dangerous disease. M.G.L. c.71,s.55A. See the School Health Manual. 7. Report to the Department of Public Health cases of a certain contagious disease occurring at diary farms. See 105 CMR 310.100-110 for list of such diseases required to be reported.. 8. Receive reports of any inflammation, swelling, redness or unnatural discharge from the eyes of an infant less than two weeks old,and take immediate action to prevent blindness. M.G.L.c.111,s.110. 9. Receive reports of persons afflicted with cerebral palsy, and submit an annual report of these cases to the Department of Public Health. M.G.L.c.111,s.111 A. 10. Provide anti-rabic vaccine and treatment. M.G.L.c.140,s.145A, 105 CMR 335. 11. Supervise or cant'out the disinfection of dwellings which have housed a person who has suffered from or died of a disease dangerous to the public health. M.G.L.c.l 11,s.109. 12. Receive reports of food poisoning and send these reports to the State Department of Public Health, 105'CMR 300.000. 13. Receive notices from inspectors of the Division of Occupationl Safety regarding violations of health laws or nuisances in industrial establishments, investigate these reports, and enforce appropriate laws. M.G.L.c.149,s.136. C. Housing and Dwellings: 1. Enforce Chapter II of the State Sanitary Code: Minimum Standards of Fitness for Human Habitation, M.G.L. c.111, ss.127A and 127B: 105 CMR 410.000. enforcement of Chapter II includes inspecting dwellings(upon request or upon the board's initiative)for compliance with the minimum standards, certifying violations, issuing orders, holding hearings,granting variances and instituting court proceedings if necessary to enforce such orders. 2. Enforce the State Lead Poisoning Prevention regulations. M.G.L.c.111,s.198; 105 CMR 460.000. Enforcement of these regulations includes inspecting dwellings (upon request or upon the board's initiative)for lead paint,issuing orders for removal of lead paint,and instituting court proceedings to enforce such orders if necessary. 3. Review and approve or disapprove preliminary and definitive plans for the subdivision of land. M.G.L.c.41,ss.81S-81V. 4. Inspect and certify public lodging houses for waterclosets, urinals, ventilation and cleaning. M.G.L.c.140,s.36.. D. Hazardous Wastes: 1. Assign the site for a hazardous waste disposal facility as follows(M.G.L.c.l 11,s.15013): a. Notify the Department of Environmental Protection (DEP) of the receipt of an application to assign a site. b. Assess significance and degree of danger to public health and consider and evaluate any evidence submitted. C. Give public notice and hold a public hearing. d. Every decision of the board in assigning or refusing to assign a site must be in writing and include a statement of reasons and facts relied on. 2. Chairperson of board serves on the local assessment committee, established whenever a developer seeks to construct and operate a hazardous waste facility within the city or town. Committee has certain duties including negotiating with the developer, entering a contract,and adopting necessary rules and procedures. M.G.L.c.21D,s.5. 3. Notify the mayor and city council or board of selectmen of the following(M.G.L.c.21C, s.4): a. Pending applications for licenses for the collection, storage, treatment, or disposal of hazardous waste,upon notification from DEP. b. Information supplied annually.by DEP identifying types and quantities of hazardous waste generated,stored,treated or disposed of within the city or town. E. Solid Waste: 1. Assign sites of sanitary landfills, refuse incinerators, waste storage or treatment plants, and refuse transfer stations, after a public hearing. Ensure that these do not present a danger to public health. M.G.L.c.111,s.150A. . 2. Consider and act on applications for permits for the disposal of special wastes. 310 CMR 19.16. 3. Consider and act on applications for special permits for salvaging or recycling materials from sanitary landfill sites or refuse transfer stations. 310 CMR 19.18; 18.15(1). 4. Periodically inspect sanitary landfill sites, and provide written notice of deficiencies.310 CMR 19.25. 5. Periodically examine and evaluate refuse transfer stations. 310 CMR 18.00. 6. Inspect and verify satisfactory completion of all corrective work to sanitary landfill projects. 310 CMR 19.26(3). 7. Handle requests for variances of regulations governing sanitary landfills and refuse transfer stations (forward these to DEP); keep notices of the grants of these variances 310 CMR 19.32; 18.27. 8. Keep on file an emergency plan governing emergencies occurring at a refuse transfer station. 310 CMR 18.21. F. Septage and Garbage 1. Enforce Title V of the State Environmental Code; Minimum Requirements for the Subsurface disposal Sewage,310.CMR 15.00. 2. Make rules and regulations for the removal,transportation and disposal of garbage, offal and other offensive substances. M.G.L.c.111,s.3113. 3. Issue permits for the removal or transportation of garbage, offal or offensive substances when such refuse has been collected in the city or town. Keep registry of all transporters of refuse through the city or town,and enforce local rules and regulations regarding such transport. M.G.L.c.111,s.31A. G. Nuisances: 1. Investigate nuisances which in the board's opinion may be injurious to health. The board shall destroy, prevent or remove such nuisances, and shall make regulations relative to nuisances.M.G.L.c.111,s.122. 2. License noisome trades M.G.L.c.l 11,s.151. 3. Assign location for slaughterhouses or other noxious or offensive trade. M.G.L. c.l 11, s.143. H. Food: 1. Issue permits for all food service establishments, including restaurants and food service facilities in stores, recreational camps for children, family style campgrounds, institutions, hotels, motels, schools, retail food store, mobile food units and pushcarts, etc., 105 CMR 590.052. 2. Enforce Chapter X of the State Sanitary Code: Minimum Sanitation Standards for Food Establishments, 105 CMR 590.000. Enforcement includes conducting inspections, issuing orders,suspending or revoking permits where necessary. 3. Issue permits for plants which break and can eggs. M.G.L.c.94,s.89. 4. License milk pasteurization plants. M.G.L.c.94,s.48A. 5. City health departments shall have milk inspectors. Town boards may appoint milk inspector. Inspectors must inspect and license milk producers and dealers. M.G.L. c.94, s.33 and s.40. 6. Issue permits for plants that bottle carbonated non-alcoholic beverages. M.G.L. c.94,s.I OA; inspect such plants, and revoke permits where plants are found to be unsanitary or otherwise in violation of public health rules and regulations,M.G.L. 94 s.IOC; 105 CMR 570 et. Seq. Send to the Department of Public Health copies of all licenses,applications and half the license fees, 105 CMR 570.002. Notify each owner prior to the expiration date of each permit and close plants that fail to renew such permits, 105 CMR 570.002. M.G.L.c.94,s.10C. 7. Register and inspect bakeries and enforce State Bakery Regulations. M.G.L.c.94,s.94F; 105 CMR 550.000; 105 CMR 551.000. Furnish DPH with monthly reports of inspections, 105 CMR 550.001. 8. License plants that manufacture frozen desserts,M.G.L.c.94,s.65H; 105 CMR 561.000. 9. Inspect cold storage and refrigerated warehouses,M.G.L.c.94,s.67. 10. Enforce M.G.L. c.130, s.81 which prohibits importation of shellfish which have not been certified by a United States or foreign shellfish regulating agency. 11. Enforce statutes and regulations relative to the adulteration and misbranding of food. M.G.L. c.94,ss.186-195. I. Pools and Beaches: 1. Enforcement Chapter V of the State Sanitary Code: Minimum Standards for Swimming Pools, 105 CMR 435.000. Enforcement includes issuing annual permits, conducting examinations,issuing orders,holding hearings,granting variances,taking water samples. 2. Enforce Chapter VII of the State Sanitary Code: Minimum Standards for Bathing Beaches, 105 CMR 445.000. Enforcement includes issuing annual licenses, approving plans for new or altered beaches, issuing orders, holding hearings, granting variances, receiving reports of accidents,taking water samples. 11 3. Prohibit swimming in water that fails to meet proscribed standards for bathing, 105 CMR 445.10(-3). 4. Review plans for new or altered bathing beaches, 105 CMR 445.16. J. Camps,Motels and Mobile Home Parks: 1. Inspect all recreational camps for children and family style campgrounds,motels,mobile home parks and cabins; and annually issue licenses for these facilities, M.G.L. c.140, ss.32B and 32C. Send copies of family style campground permits to the Department of Environmental Protection. 1 2. Enforce Chapter VI of the State Sanitary Code: Minimum Standards for Developed Family type Campgrounds, 105 CMR 440.000. Enforcement includes conducting examination;issuing orders;issuing,suspending and revoking licenses;holding hearings; granting variances. 3. Enforce Chapter IV of the State Sanitary Code: Sanitar�j Standards for Recreational Camps for Children, 105 CMR 430.000. Enforcement includes inspection,issuing orders and licenses,conducting hearings,granting variances. K. Miscellaneous: I 1. Pesticides a) Local boards may make reasonable health regulations regarding pesticides provided such regulations are not inconsistent with jthe Massachusetts Pesticide Control Act, M.G.L. c.132B or state regulations, 333 CMR 2.00. Wendell v. Attorney General,476 NE 2"d 585,394 Mass 518(1985). For example,a city or town may want to give its board of health an opportunity to determine whether the proposed application of pesticides in particular locations would be consistent with the products labeling or other restrictions imposed by the Department, Wendell v.Attorney General,supra,394 Mass at 528. I b) Receive public notice of the application of herbides from applicants that intend to maintain a right of way by the application of herbides. 333 CMR 11.07. 2. Nominate animal inspectors,M.G.L.c.129,s.15. 3. License massage parlors,M.G.L.c.140,s.51. 4. Issue burial permits,M.G.L.c.14,s.45. 5. License and if necessary revoke licenses for funeral directors. Transmit to the board of registration in embalming names and addresses of all licensees,M.G.L.c.114,s.49. 6. Approve location of cemeteries,M.G.L.c.114.s.34. 7. Retain charge of any case arising under M.G_L. c.II I in which the board has acted. M.G.L.c.111,s.32. 8. Enforce all local health regulations promulgated pursuant to M.G.L.c.I 11,s.31. J. Smoking 1. Receive written complaints regarding the willful failure or refusal to comply with the Indoor Clean Air Act regarding restaurants, supermarkets or retail food outlets. M.G.L. c.270 s.22. 2. Inspect the area described in the complaint and enforce no-smoking laws. M.G.L. c.270 s.22. 3. Provide written response to complainant within 15 days and send copies of the complaint and response to DPH. M.G.L.c.270 s.22. ADDITIONAL POWERS AND AUTHORITY OF LOCAL BOARDS OF BEALTH IN MASSACHUSETTS Local boards of health in Massachusetts have historically played a crucial role in the protection of public health, promotion of sanitary living conditions and protection of the environment. In recognition of the importance of local leadership and action in these areas, the legislature has enacted over the years numerous statutes which authorize and thereby encourage local boards to be responsible for dealing with the broad range of health,sanitation and environmental problems at the local community level. The following is a list of statutes which grant additional powers and authority to local boards of health. Each time includes a citation to the appropriate statute. The items have been grouped under general subject categories which parallel, where possible, the categories in the prior lists of required local activities. A. General Health Protection and Regulation: 1. Adopt and enforce any reasonable health regulations. M.G.L.c.I 11,s.31. 2. Issue an order reciting the existence of an emergency and requiring that such action be taken as the board deems necessary to meet the emergency. State Sanitary Code,Chapter 1, 105 CMR 400.200(B), pursuant to M.G.L. c.111, s.127A; and State Environmental Code,Title I,310 CMR 11.05(1). B. Health Care and Disease Control: 1. Direct the operation of and adopt rules for city and town medical dental and health clinics,M.G.L.c.111,s.50 and hospitals,M.G.L.c.I 11,s.92. 2. Require vaccination of inhabitants of the city or town. M.G.L.c.111,s.181. 3. Order the fluoridation of public water supplies. (This order may be overturned by a referendum vote.) M.G.L.c.111,s.8C. 4. Appoint school physicians. M.G.L.c.71,s.53. 5. In cities, and in towns with a population greater than ten thousand, establish public sanitary stations. M.G.L.c.111,s.33. 6. Isolation and quarantine of individuals and property relative to communicable disease Chapter I I I sections 92-121A C. Housing and Dwellings: 1. Condemn a dwelling which is unfit for human habitation, order the occupants to vacate, order the owner to clean the dwelling or tear it down(or the board may itself clean or tear down). M.G.L.c.I 11,s.127B. D. Nuisances: 1. Condemn all nuisances;clean or tear down a nuisance. M.G.L.c.I 11,s.128. E. Food: 1. Inspect and condemn all unfit meat, fish vegetables, produce, fruit or provisions of any kind. M.G.L..c.94,s.146; 105 CMR 590.059. 2. Adopt and enforce regulations relative to the keeping and exposure of food for sale. M.G.L.c.94,2.146. 3. Adopt and enforce regulations for bakeries and close bakeries found unfit for the production of handling of food or dangerous to the health of its employees. M.G.L.c.94 s.9D-9M, 105 CMR 550.14. 4. In towns, appoint milk inspectors. (City boards of health are required to appoint milk inspectors.) M.G.L.c.94,s.33. 5. Adopt bacterial standards for milk which are stricter than the standards adopted by the Department of Public Health M.G.L.c.94,s.13E. 6. Upon determination that drinking water in a dwelling or food service establishment is unsafe, order discontinuance of use or order provisions of a new source. M.G.L. c.I 11, s.122A. F. Miscellaneous: 1. Adopt and enforce regulations to control air pollution. M.G.L.c.l 11,s.31C. INSPECTION TRUETABLE FOR BOARDS OF HEALTH The following list describes the majority of inspections Boards of Health are required to perform. It is not intended to be a comprehensive formal listing of all inspection requirements. 1) Food Establishments 105 CMR 590.000,State Sanitary Code Chapter X -Inspect food establishments every six months. 2) Bathing Beaches 105 CMR 445.000,State Sanitary Code Chapter VII -Inspect accredited bathing beaches twice during operating season. -Take water samples twice monthly from accredited bathing`beaches during bathing season. -Periodically inspect no accredited beaches to determine compliance with physical and bacteriological water quality standards. 3) Swimming Pools 105 CMR 435.000,State Sanitary Code Chapter V -Inspect periodically and before issuing annual permit. -Take samples of swimming,wading or special purpose pool water for bacteriological analysis prior to its opening. 4) Family Type Campgrounds 105 CMR 440.000,State Sanitary Code Chapter VI -Inspect periodically with the exception of those operated by the Commonwealth. -Renew license annually if inspection reveals compliance with the provisions of the code. 5) Recreational Camps for Children 105 CUR 430.000,State Sanitary Code Chapter IV -Inspect yearly and issue license annually if found to be in compliance with requirements of the code. Other town inspectors also must approve for license. Board of Health may also inspect at any time if there is reason to believe that a violation or violations of this chapter exist or upon request or complaint for any reason. 6) Subsurface Disposal of Sanitary Sewage 105 CMR 15.00, State Environmental Code Title 5, -Inspect the installation of all sewage disposal systems. -Witness percolation tests, deep observation holes, and perform site examinations for each system. 7) Housing(Human Habitation) 105 CMR 410.000,State Sanitary Code Chapter II —Inspect a dwelling or dwelling unit upon receipt of a written,oral or telephone request. Refer to code for specific timetable requirements. 8) Cabins,Motels and Mobile Home Parks M.G.L.Chapter 140,Section 32B,32C -Inspect periodically and renew licenses annually,of inspection reveals i compliance with applicable regulations. 9) Disposal of Solid Waste by Landfill 310 CMR 19.00,State Environmental Code -Periodically examine and evaluate sanitary landfills. STATE REGULATIONS COMMONLY USED BY LOCAL BOARDS OF HEALTH MASS.DEPT.OF PUBLIC HEALTH: THE STATE SANITARY CODE 105 CMR 300.00 Reportable Diseases and Isolation and Quarantine Requirements 105 CMR 400.000 General Administrative Procedures 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation 105 CMR 430.000 Minimum Sanitation and Safety Standards for Recreational Camps for Children 105 CMR 435.000 Minimum Standards for Swimming Pools *(310 CMR 12.00) 105 CMR 440.000 Minimum Standards for Developed Family type Camp Grounds *(310 CMR 14.00) 105 CMR 445.000 Minimum Standard for Bathing Beaches *(310 CMR 17.00 105 CMR 460.000 Regulations for Lead Poisoning Prevention and Control 105 CMR 590.000 Minimum Sanitation Standards For Food Establishments *Regulations which were previously available under asterisked D.E.P.CMR numbers. (State Legislature transferred to MDPH FY87) 310 CMR 15.00Title 5 Minimum Requirements for Subsurface Disposal of Sanitary Sewage 310 CMR 19.00Disposal of Solid Waste by Sanitary Landfill PRICE LIST 105 CMR 400.000 through 419.000(in one publication) $ plus postage 105 CMR 420.000 through 499.000(in one publication) $ plus postage 105 CMR 590.000 through 595.000 $ plus postage 310 CMR 11.00 through 17.00 $ plus postage 310 CMR 18.00 through 21.00 $ plus postage NOTE: Any single regulation may be purchased separately. ABOVE ARE AVAILABLE FROM: Secretary of State Bookstore at these locations: State House State House West First Floor,Room 116 436 Dwight Street Boston,MA 02133 Springfield,MA 01103 1-617-727-2834 1-413-784-1376 check number THIS IS A GUIDE ONLY... Update:Mar.2003 Charlie Kaniecki,M-D.P.H. District Health Officer MASSACHUSETTS GENERAL LAWS FREQUENTLY USED BY LOCAL HEALTH OFFICIALS The following are cited in the Manual of Laws Relating to Public Health- Chapter Section Description old Page 40 347 54 Restrictions on Issuance of building Permits Availability of Water Supply 41 367 23 Rescission of vote by selectmen;election of other officers, tenure,etc. 41 389 81U Subdivision Control Act: Board of health authority 79A 13 Enforcement of state sanitary code;displacement of persons; 507 moving expenses;state financial assistance;reports 111 881 31 Health regulations;publication;violation 111 122 Regulations relative to nuisances;examinations 947 111 949 125A Review of order adjudging the operation of a farm to be a nuisance 111 951 127B Dwellings unfit for human habitation;order to vacate or to abate nuisance;removal of occupants;demolition expense, lien;inspection reports,code violations;notices,enforcement proceedings,jurisdiction;appeal 111 963 131 Compulsory examination of premises;complaint;warrant 111 141 Application to county commissioners from refusal or neglect 966 of board to abate nuisance;hearing notice 111 188 Disposition of fines and forfeitures 993n 129 14B Feeding garbage to swine;definitions;permit;application; 1315 revocation;processing of garbage;inspection of premises; entry;record 140 51 Massage;baths 1422 148 25B Buildings used for human habitation;use of space heaters 1481 188 14 Wrongful acts of lessor or landlord of buildings or premises 1563 occupied for dwelling or residential purposes;criminal penalties;civil remedies;jurisdiction;sections applicable to acts of reprisal,waiver in leases or rental agreements prohibited. 218 26 District Courts—Criminal Jurisdiction(General Provisions) 1576