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Home My WebLink About1996 Oct 30 - MA Dept. of Public Health Notice of Violation � The Commonweaith of Massachusetts Q Executive Office of Health and Human Services Department of Public Health State Laboratory institute WILLIAM F. 4VELD 305 South Street GOVERNCR Boston, �MA 02130-3597 Chiidhood Lead Poisoning AAGBfl PAUL CE�LUCC1 c -7 �} �] Prevenvon Program UEUTE*IAN7 GOVEANOR � CJ� 1 -J�G�'J / OO SCO-532-9571 GERALD WHIT3URN SECRETARY DAVID H. MULLIGAN COMMISSiONEA October 30 , 1996 Mr. & Mrs . O ' Rourke 1_68 Mai n St. Yarmouthport, MA 02675 Dear Mr_ & Mrs . O ' Rourke, I have inspected the prope:ry at 16 8 Ma i n S t. in _�a rm�,�t h o r , MA ownesi by you, and I have found lead paint in violation of l�Sassachusetts General Laws, Chapter 111. The Massachuse�ts De�artment of Public Health (DPI-�'s Lead Poisoning Prevention Regulations require that you provide to me, within thirry (30) days of your receipt of this lerter, a contract with a licensed deleader, si�ned by both you and the deleader, to abate and/or contain the violations cite� on the enc:osed inspe�rion report. Alsa, if you or your agent is plannin� to do any low-risk abatement and containment wor'�, within thirty (30) days of your rec�ipt of this letter you must provide this office with a signed and completed Childhood Lead Poisoning Prevention Program (CLPPP) form entitled, "Documentation of Training to Perform Owner/Agent Low-Risk Abatement and Containment and Deadlines By Which Owner/Agent Low-Risk Work Will Be Completed." If you need to arrange financing, then you must at least provide to me, within thirty (30) days, documentation of your efforts to secure financing. The contract with the lic�nsed deleader must specify, and if you or your agent will be performing low- risk abatement and containment work, then you or your agent will attest in the CLPPP owner/agent form described above, that the deleading will be completed by the deadlines described in this para�raph. All violations on the irrterior and irnerior common areas must be deleaded within sixty (60) days from your reczipt of this letter. However, you have ninety (90) days to complete the following: any low-risk deleading work you or your a.gent perform, as long as a11 dust-generating abatement and cornainmerrt wori�, inciuding surface preparation, required to be done by a licsnsed deleader has been completed, and any doors that were removed have been replac�d, within sixry (60) days; application of encapsulants by Izvel II deleaders, as long as a11 dust-�eneratinQ abatement or containnient work; including suriace preparauon, has been completed within si.�ty (60) days; and installation of replacement windows, as lon� as you can document that new windows have bern ordered within sixry (60) days. r�ll e�erior violations must be deleaded within ninety (90) days. The contract must also specify that the unit will meet acceptable dust leve�s, determined by the sampling which I will conduct at the time of the reoc�upancy reinspection, and that the deleader will be required to re�iean the unit ir necessary until it meets acceptable standards for dust. The timelines �iven above for interior and exterior deleadinQ may be e�ended by 30 days if documentation of efforts to secure financing is submirte�by the 30-day deadline. If I do not receive the required documents by the 31 st day, I must by law file a criminal complaint asainst you in court. You may be fined by the court up to �500 for each day of non-compliance. V L'nder the law, only deleading contractors licensed by the Depanment of Labor and Industries (DLI) may engaje in the removal, coverin� or replacement of lmown lead hazards, with the exception of certain low-risk abatement a.nd containment work that may be performed by an owner or owner's agent without a deleader's license. Before such an owner or owner's aaent may perform low-risk abatement and containment woriz, he or she musi read the Childhood Lead Poisoni.ng Prevention Program (CLPPP)'s educational booklet, view the CLPPP encapsulation video, and take a self- carrecte� exam that must be submitted to CLPPP. I have enclosed a copy of the bookiet, "Low-Risk Deleading Work by Homeowners and Their Agents." To receive a free copy of the encapsulation video, call the CLPPP Central Offic� at 1-800-�32-9�71. I ha.ve also enciosed the booklet, "Deciding Whether to Encapsulate." If after reading it you decide you would like to have an ass�ssment for encapsulation performed, you must hire a licensed private lead inspector to perform this assessment. Results of the assessment shall be re�orded on the initial "Lead Inspection/ Surface Assessmeirt form" and a capy should be sent to me. I have enclosed a copy of a list of licensed private lead inspectors. Only those surfaces approved by the licensed insgector will be eli�ible for encapsulation, no matter who actually applies the encapsulant -- a licensed Level II deleader or you or your a�ent. At least IO business days before any deleadin� work begins; the deleader must provide written notincation to DLI, all residential occupants, the local board of health and CLPPP. It is your responsioility, as the owner of the premises, to make sure the contractor sends the completed forms to all parties. If you or your agent will be perfornun� low-risk abatement and containment work, you are responsible for providing the written notice of deleading to DLI, the residential occupants, the local board of heaith and CLPPP, and for also writing on the form which low-risk abatement and containment activities you or your agent will be perfomung. All occupants and pets must be out of the dwelling unit for the entire time that the deleading work performed by the liceased deleader is in pro�ress. Occupants and pets may remain in the unit while you or your a�ent perfonn low-risk abatement and containment woric, as long as they stay out of the wor�c area. Also, occupants and pets must be out of the unit entirely while you or your agent apply coverings to a surface with peeling, c�iipping or cracking lead paint or plaster. Occupants and pets who have been out of the unit may not rerurn until I approve reoccupancy by conducting an on-site reinspection of the unit, inciudin� takin� dust samples to assure that lead dust levels meet approved �tandards. This reinspection will be done at least 2� hours after deleadin�work is done: I must wait at least one hour after the deleader pe:-forms a final clean-up, and the deieader must wait at least 24 hours after the completion of deleadin� wori� to perrorm that tinal clean-up. Deleaded surfac�s are not to be re�ainted until I perform the reinsaection. All work is to be done in a woricman-like manner, and the dwellin�must be retumed to a condition that mests the requirements of Chapter II of the State Sanitary Code. Scraped surfaces must be feathered, made smooth and repainted (Repaint only af#er my reinspection). Deleaded windows and doors must have all panes of Qlass intact and must be weather ti�ht. You are required to provide written notice of the presence of lead paint to aIl occupants of the building. "�iotice to Tenants of Lead Pai.nt Hazards" is enclosed for that purpose. You are also required to send a copy of the inspection report to all mortga�ess and lienholders of record. Questions regarding DLI regulations should be addressed to the DLI Central (617-727-193�) or regional offices. Questions regarding DPH re2ulations should be addresse�to the CLPPP Central Office (800-532-9571) or to me. I urge you to contact me as soon as possible to discuss your responsibilities in this case, the violations inciuded in the report and the material enclosed. You may reach me by calling (;�� _��;� �J�/ � r�- 3 -7/ Sincerely, � � �-�--�-''. �_ �7-r'Z��,��,; Inspecfor �'" �assachusetts Department of blic Health/Childhood Lead Poisoning Prevention Progrram (I�IDPH/CLPPP) C`,WY501LE�.D I99SGENERAL'.CO VP l L l.WP6