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Home My WebLink About1996 Oct 30 - Barnstable County Dept. of Health Order to Correct Violations ! �.�� 8��3,a BARNSTABLE COUNTY z � DEPARTMENT OF HEALTH AND THE ENVIRONMENT � � � SUPERIOR COURT HOUSE � x��` � POST OFFICE BOX 427 � .,� '� � BARNSTABLE, MASSACHUSETTS 02630 Phone:(508)362-2571 Ext. 330 �.q s s Public Health Adminisuation 333 Environmental Heaith 383 Water�uality Anatysis 337 ��_ ,.� Fax(508)362-4136 9 � TDD(508)362-5885 �� 9 1� Date: � n,L0.��h i��;`��' r� ;�J r' 'Q !�� ;� ., ORDER TO CORRECT VIOLATION(Sl �� :' ��J' �'� `� \' ) 0�T 3 � 1996 Mr_ & Mr� . O' Rourke � �-��'��Tl�i� D��T�_ ! �-6-�-r4-�i x--S�t. � � Yarmouthport, MA 02675 Owner or agent of the properry located at 168 Main St. ��'��-��'�, P�14 8-��- _ _ : Be advised that an agent of the Director of the Childhood Lead Poisoning Prevention Program has determined certain portions of the aforementioned residentiai properry to be in violation of the follovving:Massachusetts General Laws(MGL), Chapter 11 l, Section 197; the Regulations for Lead Poisoning Preveirtion and Control, 105 Code ofMassachusetts Regulations (CMR) 460.000; and the State Sanitary Code. The specific areas in violation are detailed in the accompanying "Lead Inspection/Surface Assessment Report" or "Lsad Inspection/Risk Assessment Report" or "Post- Comgliance Assessment Deterniination Report." Conditions exist in this residence which may endanger and/or materially impair the health of zhe occupants of these premises. DECLARATION OF E?+�RGENCY -- The Director of the Childhood Lea.d Poisoning Prevention Program declares that the presence of the aforementioned violation of the Lead Law and the Regulations for Lead Poisoning Prevention and Control constitutes an emergency pursuant to the Lead Law, MGL Chapter 111, Section 198 and within the meaning of the Sanitary Code, Chapter I, 105 CMR 400.200 (B). CORRECTION OF LEAD VIOLATION(S) Massachusetts General Laws c. 111, ss. 189A-199B and the Department of Labor and Industries' Deleading Regulations, 454 CMR 22.00, as well,as the Department of Public Health's Regulations for Lead Poisoning Prevention and Control require that licensed deleading contractors conduct residential lead abatement and containment, wi.th the excsption of certa.in low-risk abatement and containment activities which may be perFormed by an owner or owne�s agent, after completing the �\ training requirements of 105 CMR 460.175, without a deleader's license. These specific low-risk abatement and containment activities are the followin�: applying encapsulants; applying such coverings as carpet, vinyl, aluminum, plywood, ple��lass and acryiic, to surfaces, including sidin? of eYterior surfaces; removing doors, cabinet doors and shutters; and cappin� baseboards. ORDER You are hereby ordered to remedy all said violations according to the following schedule: (A) If you need to arran?e financing to accomplish deleadin?: (1) Within thirty(30) days of your receipt of this Order to Correct Violations(s), you must provide to this agency written documentation of your efforts to secure financing. Examples inciude but are not limited to a capy of a loan application submitted to a lending institution or a governmental agency which offers home improvement and/or deleading loans. The documentation ne�d not include those portions of a loan application which disciose personal financial data. The need for financial assistance does not relieve you of the obligation : to obev this Order. (2) Within si�y(60) days of your receipt of this Order, you must provide to this agency a copy of a signed contract with a licensed deleader. If you or your agent is doing owner/agent low-risk abatement and containment, you must also provide within sixty days a signed and completed CLPPP form entitled, "Documentation of Trainin�to Perform Owner/Agent Low-Risk Abatement and Containment and Deadlines By Which Owner/Agent Law-Risk Work Will Be Completed.° The contract must specify, and if you or your agent will be performing low-risk work, then you or your agent will attest in the CLPPP owner/agent form described above, that the _ deleading will be completed accarding to the following __ schedule: (a) Violations of the interior of the dwelling unit and interior common areas must be abated or contained within ninety (90) days of your rec�ipt of this Order. However, you have a total of one hundred and twenty (120) days of your receipt of the Order to complete the followirig activities: (i) any low-risk abatement and containment work you or your agent perform, as long as all dust-generating abatement or containment work, inciuding surface preparation, required to be done by a licensed deleader has been completed, and any doors that were removed have be�n replaced, within ninety (90) days of your receipt of this Order; (ii) application of encapsulants by Level II deleaders, as long as all dust-generating abatement or containment work, including surfac� prepara�ion, required to be done by a licensed deleader, has been completed within ninety(90) days of your receipt of this Order; (ui) installation of replacement windows, as long as you can demonstrate that new windows have been ordered within ninety (90) days of your receipt of this Order. (b) Violations on the exterior of the residential premises and exterior common azeas must be abated within one hundred and twenty (120) days of your rec�ipt of this Order. OR: (B) If you do not need to arrange financing to accomplish deleading: (1) wthin thirty(30) days of your rer,eipt ofthis Order, you must provide to this agency a copy of a signed contract with a licensed deleader. If you or your agent is doing owner/agent low-risk abatement and conta.inment, you must also provide within thirty (30) days a signed and completed CLPPP form entitled, °Documentation of Training to Perform Owner/Agent Low-Risk Abatement and Containment and __ Deadlines By Which Owner/Agent Low-R.isk Work Will Be -- Completed." The contract must specify, and if you or your agent will be performing low-risk work, then you or your agent will attest in the CLPPP owner/agent form described above, that the deleading will be completed according to the following schedule: (a) Violations of the interior of the dwelling unit and interior common areas must be abated or cantained within sixty (60) days of your receipt of this Order. However, you have a total of ninety (90) days of your receipt of this Order to complete the following activities: (i) any low-risk abatement and containment work you or your agent perform, as long as all dust- generating abatement or containment work, including surfac� preparation, require� to be done by a licensed deleader has been completed, and any doors that were removed have been replaced, within sixty (60) days of your receipt of this Order; (u) application of encapsulants by Level II deleaders, as long as all dust-generating abatement or containment work, inciuding surface preparation, required to be done by a lic�nsed deleader, has been completed within sixty (60) days of your receipt of this Order; (ui) installation of replacement windows, as long as you can demonstraie that new windows have be�n ordered within sixty (60) days of your rec�ipt of this Order. ' (b) Violations on the exterior of the residential premises and exterior common areas must be abated within ninety (90) days of your receipt of this Order. The contract with the deleading contractor must also specify that the unit will meet acc��table dust levels, as determined by the results of sampling done by the licensed code enforcemerrt lead inspe�tor at the time of the reoccupancy reinspection. Should any of the dust samples fail to mest acceptable standards,the deleader will be required to reclean the entire unit until all dust saznples meet acceptable levels. PROSECUTTON AND CNIL PLTNITIVE DAMAGES Failure to comply with any of the deadlines stipulate� above will require this agency to initiate criminal or civil proceedings against you within seven (7) business days. If you have a Letter of ___ _ Interim Control for the aforementione� residential property, failure to comply with any of the _-_ - deadlines stipulated above will also result in automatic revocation of the Letter of Interim Control, -- and you wiil then be strictly liable for injury or damage to a child living in this property caused by exposure to dangerous levels of lead. As long as you have a Letter of Interim Control and comply with all the deadlines ofthis Order and achieve full complianc�, you will not be held strictly liable for injury or damage to a child living in this properry causeri by exposure to dangerous levels of lead. Compliance with this Order will be deternuned by this agency's rec�ipt of the appropriate documentation within the specified deadlines and/or by on-site reinspection. The documentation consists of the following: a) if any abatement and containment woric that is not low-risk is necessary, inciuding maldng lea.d-painted surfaces intact, a copy of a signed and dated deieading contract with a licensed deleader; ,� , b) if you or your agent will be doing low-risk deleading work a completed and signeti copy of the CLPPP fomn, 'Documentation of Training to Perfomn Owner/Agent Low- Risk Abatement and Containment and Deadlines by Which Owner/Agent Low-Risk Work Will be Completed;° c) a Letter of Lead Paint(Re)oc�upancy(Re)insp�tion Certification issued by a lic�nsed code enforcement lead inspe�tor, in cases in which high-risk abatement and containment work, such as making loos� lead paint, plaster or putty intact, is necessary, thus requiring occupants to be relocated from the unit for the duration of the work; d) copies of resuits of all dust samples taken by the licensed code enforcement lead inspector; e) a Letter of Full Deleading Compliance issued by a licensed cade enforc�ment lead inspector. In addition, a capy of the deleading notification must be received by this agency at least ten (10) business days prior to any cammencement of deleading. The law provides penalties of up to �500 for each day of non-complianca. In addition, you may become liable for civil punitive damages equal to _ three times the amount of any actual dazna�es for failure to comply with this Order. CORRECTION OF VIOLATION BY CODE ENFORCEMEI�t'T AGENCY If the dangerous levels of lead are not abate�within the time periods stipulated above, this agency may contract with a licensed deleader to correct the violation and bill the owner, or initiate court action to reimburse itself. RIGHT TO A HEARING You may request a hearing pursuant t� 105 C�460.900 of the Regulations for Lead Poisoning Prevention and Control, in conjunction with the procedures of 105 CMR 400.200 (B), the Sanitary Code provision for hearings in emergency public health matters. As already noted, the aforementioned violation constitutes an emergency. (See "Declaration of Emergenc}�' section.) __ As such, you may request a hearing only if you have camplied with this Order. The hearing wiil be provided within ten days of your request. This agency shall issue a written de�ision within seven days after the hearing. � � �� r�-�.. _�� - Tnspector Director Massachusetts Department of P lic Health Childhood Lead Poisoning Prevention Program (I�PH/CLPPP) C:1 W PS(TI,EAD 199SGENERAL`ATCP I L l.W P