HomeMy WebLinkAboutNotice of Violation 11-08-2018 clelik TOWN OF YARMOUTH
o > o BUILDING DEPARTMENT
„ 1 ¢ y 1146 Route 28, South Yarmouth,MA 02664
508-398-2231 ext. 1261 Fax 508-398-0836
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VIOLAITON NOTICE
November 8, 2018
Mr. Graham Doolan
31 Aspinet Road
South Yarmouth,MA 02664
Re: 31 Aspinet--Above Ground Swimming Pool Barrier Gate
Violations: (1)Failure to comply with the required Building Code Swimming Pool Bather Provisions,
Re: 780CMR, Section Appendix G, Section 105.2, para. 8,
(2)Failure to maintain your property in a safe condition Re: 780CMR, Section 101.4.4.
This department's records reflect that we have performed SIXTEEN(16)INSPECTIONS,commencing
on February 25,2016 and compliance has failed to be meet. During my latest inspections October 18&
25, 2018, I observed that in an attempt to abate the gate self-closing issue;you installed a total of four
spring devices and had changed the latch mechanism. Unfortunately,the springs appeared not to have
been lightened correctly,to work as designed. The new undersized latch has to be engaged by hand and
when the gate is pushed, the latch disengages and does not re-engage when pulled to open position.
This type of latch is more suitable for a wall cabinet than a fence gate.
You are hereby ordered to abate these issues by either securing the gate so that it will not open or
make the necessary repairs so the gate will self-close and self-latch. Should you chose to fasten the
gate,such fastener shall not be removed until such time as the spring and the latching device issues
have been remediated,inspected and approved by this department. In addition,should you chose to
fasten the gate, you shall request an inspection from this department.
Accordingly, although you have "closed" the pool for season, the plastic cover is not an approved
walkable cover,referenced in 780CMR,Appendix G, Section inspection from this department.
Finally,I am enclosing a Warning Ticket No. B051-028662 that cites this unsafe condition. Failure to
take the measures described above, immediately, will result in the issuance of tickets that will carry
fines that range from$100 to $1,000. This matter has taken far too long to remediate,considering the
life/safety implications.
So rdered,
James D. Brandolini,
Deputy Building Commissioner
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