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HomeMy WebLinkAboutCorrection of Violations Dear Mr. Brandolini 71—Al We are pleased to tell you that we have complied with all of your requests in the attached letter, -fence installed per your specifications with lock -there is now no clearance under fence in driveway. -we just had fence company out to adjust locks to make sure they self lock Please feel free to go to the property any time for a re-inspection. Respectfully 1/ � < �-�� robertson o1'__ TOWN OF YARMOUTH F'Z� o , • BUILDING DEPARTMENT 1146 Route 28, South Yarmouth, MA 02664 �3 a 508-398-2231 ext. 1261 Fax 508-398-0836 June 15,2018 Robertson Roderick A. TR Fourteen Grist Mill LN NOM TR 125 Chuet Road Dedham, MA 02026-6001 Re: 14 Grist Mill Lane, West Yarmouth To Whom It May Concern: This is to serve as a follow up to my May 24, 2018 site meeting with Nancy at 14 Grist Mill Lane, concerning the swimming pool enclosure. The following issues were discussed: 1. The need to install a barrier on the northwesterly corner of property. This barrier shall be a minimum of four(4)feet in height. Nancy stated she preferred a chain link fence and I advised her that the net open area between links cannot exceed 2 % inches. 2. Reduce the space (clearance)under the newly installed fence to a maximum of two(2)inches. 3. Adjust the south end gate so that it will self-close and self-latch. It failed to do so during my site visit. 4. I emphasized the life/safety nature of pool barriers. Nancy agreed to take this corrective action and I thanked her for her cooperation. Please contact this office for a re-inspection. Thank you. 7-0--"truly, e� ,o `lit_ D -s D. Brandolini, Deputy Building Commissioner cc: Inspector Brad Inkley ofY9k TOWN OF YARMOUTH 'o BUILDING DEPARTMENT o - \4_HI • 1146 Route 28, South Yarmouth,MA 02664 t" man:. 5• x 508-398-2231 ext. 1261 Fax 508-398-0836 ar.uo• Ord VIOLATION NOTICE October 12,2018 Roderick A. Robertson, TR Fourteen Grist Mill LN NOM TR 125 Chuet Road Dedham, MA 02026-6001 Re: 14 Grist Mill Lane, West Yarmouth Pool Barrier Dear Mr. Robertson: Reference is hereby made to my June 15,2018 letter and your hand written response that stated"we will comply as soon as we can-I will contact office for re-inspection—fence companies are very busy" (copies enclosed). My June 15, 2018 letter emphasized the life/safety nature of the items noted. However,as of today,this department has receive no request to inspect the required remediation. Accordingly, you are hereby ordered to take appropriate action as directed,immediately. Failure to do will result in the issuance of Building Code Tickets, which carry fines frotn $100 for the first offense,$500 for the second offense and$1000 for the third and subsequent offenses. I consider second and subsequent offenses to have occurred,within seven(7)days of the prior ticket issuance. So ordered, anti, Stir/ere-at James D. Brandolini, Deputy Building Commissioner Encl. 2 BRIGGS CAPITAL,LLC Mergers&Acquisitions I Investment Placements BRIGGS" b . .. f &Thr — wtll SCoNs w-a CA to 4- t t 1 co NTA �� C- 7141z/DS cli7b0 Poss-dtts6.0 a l Boston metro office: I Vermont office: I Internet 10 Kearney Rd. Needham, MA 02494 7 Pinnacle Drive, So. Burlington,VT 05403 www.briggscapital.com 781.449.7781 fax 781.449.8672 802.846.1847 fax 802.846.1848 1111 8 JUN.2;018 PH 51 ,, _...-i; 0. 858 Washngton _ - yeUnam„MA 02026 yyylyy y o Isri tev. c qN 3J sr- mocat-F h - `f aw►� `lam C3TCN CZitI> 13htALD1&6 De rt4c, mut ap Oa V 02666-449177 IIi,IIIDhpij Ipi, . Ildlij,mililmiiniTp014 dr•YgR' ,. TOWN OF YARMOUTH 1 4,.: t� BUILDING DEPARTMENT + o ` y ° 1146 Route 28, South Yarmouth, MA 02664 N ;^ s„ -Zs,cv 508-398-2231 ext. 1261 Fax 508-398-0836 ....ter.::.; June 15, 2018 Robertson Roderick A. TR Fourteen Grist Mill LN NOM TR 125 Chuet Road Dedham, MA 02026-6001 Re: 14 Grist Mill Lane, West Yarmouth To Whom It May Concern: This is to serve as a follow up to my May 24, 2018 site meeting with Nancy at 14 Grist Mill Lane, concerning the swimming pool enclosure. The following issues were discussed: 1. The need to install a barrier on the northwesterly corner of property. This barrier shall be a minimum of four(4)feet in height. Nancy stated she preferred a chain link fence and I advised her that the net open area between links cannot exceed 2 %3 inches. 2. Reduce the space (clearance)under the newly installed fence to a maximum of two(2)inches. 3. Adjust the south end gate so that it will self-close and self-latch. It failed to do so during my site visit. 4. I emphasized the life/safety nature of pool barriers. Nancy agreed to take this corrective action and I thanked her for her cooperation. Please contact this office for a re-inspection. Thank you. V truly, James D. Brandolini, Deputy Building Commissioner cc: Inspector Brad Inkley °p4 meq: TOWN OF YARMOUTH Peo • BUILDING DEPARTMENT i )S 1146 Route 28, South Yarmouth, MA 02664 yi 508-398-2231 ext. 1261 Fax 508-398-0836 June 15, 2018 • Robertson Roderick A. TR Fourteen Grist Mill LN NOM TR 125 Chuet Road • Dedham, MA 02026-6001 • . Re: 14 Grist Mill Lane, West Yarmouth • To Whom It May Concern: This is to serve as a follow up to my May 24, 2018 site meeting with Nancy at 14 Grist Mill Lane, concerning the swimming pool enclosure. The following issues were discussed: 1. The need to install a barrier on the northwesterly corner of property. This barrier shall be a minimum of four(4)feet in height. Nancy stated she preferred a chain link fence and I advised her that the net open area between links cannot exceed 2 '/ inches. 2. Reduce the space(clearance) under the newly installed fence to a maximum of two (2)inches. 3. Adjust the south end gate so that it will self-close and self-latch. It failed to do so during my site visit. 4. I emphasized the life/safety nature of pool barriers. Nancy agreed to take this corrective action and I thanked her for her cooperation. Please contact this office for a re-inspection. • Thank you, • Very truly, James D. Brandolini,• Deputy Building Commissioner cc: Inspector Brad Inkley • • • • Inkley; Brad From: Brandolini,Jim Sent: Wednesday, February 22,2017 4:18 PM To: Grylls, Mark Grylls, Mark;Inkley, Brad Cc: Cipro, Linda; Sears, Tim Subject 14 Grist Mill Lane Swimming Pool Attachments: 14 Grist Mill Lane pool end 021617.doc FYI—attached letter. (� Jim 60( e I Caidz -/ -/ i1r YJl � G l * ' t It' a �� �� ` a y 0 Q 9` r 1 Inkley, Brad From: Brandolini,Jim Sent: Thursday, February 16,2017 2:54 PM To: Grylls, Mark;Cipro, Linda;Inkley, Brad;Sears,Tim Cc: Murphy, Bruce Subject: RE: 14 Grist Mill Lane Attachments: IMG_0452.JPG;IMG 0453JPG;IMG_0454.JPG;IMG_0456JPG;IMG_0458JPG;IMG_ 0459JPG Mark: Brad & I visited the site late this AM and observed the following: -The inground pool has a cover -The existing fence enclosure is inadequate to satisfy the enclosure requirements,once the cover is removed. (photos attached) I will be sending the property owner a letter citing the pool enclosure requirements. It does appear the pool was installed in 1981 based on a compass emblem embed in the concreate apron. Jim • From: Grylls, Mark Sent:Thursday, February 16, 2017 11:40 AM To: Cipro, Linda; Inkley, Brad; Sears,Tim; Brandolini,Jim Cc: Murphy, Bruce Subject: RE: 14 Grist Mill Lane Hi Linda, Please get an inspector there immediately Mark Grylls—CBO Director of Inspectional Services/ Building Commissioner Town of Yarmouth 508-398-2231 x 1260 From: Cipro, Linda Sent: Thursday, February 16, 2017 11:22 AM To: Inkley, Brad; Sears, Tim Cc: Grylls, Mark Subject: 14 Grist Mill Lane There's a permit for interior alterations at 14 Grist Mill Lane that includes an office area. Bruce Murphy went there for a septic inspection and is concerns about the unfenced inground pool. Thanks, Linda 1 1 7=\ .....„, r- ,, , ,i _____ i Cee-9L , . , , .. , . , ..,, ; i , , r, \ ---- _ ___-___,.. _pr._ .. _._ V \ fif As_ _ . _•;..... ....1,. • ---------e---a mi, I'j�4 1ryJ', ,j,, Il if I h,•��1 ` f1111 . \., (relik)14 .Ir 4. ,,, -met,11 I A ,11,i,.. i si har .yam, a vil , & - 1Y _ .., i_ •' TOWN OF YARMOUTH �'� ;y : (d,„0-7-..,.......\ .eLTOWN OF YARMOUTH �\o't• BUILDING DEPARTMENT .rl 1146 Route 28, South Yarmouth, MA 02664 yY(�\N ,itc.�;'� 508-398-2231 ext. 1.261 Fax 508-398-0836 PJ��'My.•Ita+S 4�' O February 16,2017 Robertson Roderick A TR Fourteen Grist Mill LN NOM TR 125 Chuet Rd. Dedham, MA 02026-6001 Re: 14 Grist Mill Lane, Swimming Pool Dear Mr. Roderick: In response to an inquiry made by the Town of Yarmouth Health Dept. concerning the fencing, enclosing the inground swimming pool at 14 Grist Mill Lane,I visited the site this date to observed said conditions. My observations and findings are as follows: -Certain areas of the fence enclosure are less than four(4) feet in height. -The gates are not self-closing -The latches are less than 54 inches above grade. -Certain areas of the yard are not protected with a fence. These minimum State Building Code (780CMR) requirements for one & two family house use, are contained in Appendix G;a copy of which,I am enclosing for your reference. The Code references also include the Code Commentary for each. Finally, because of the life- safety nature of this matter, you are hereby ordered to remedy this pool enclosure matter prior to removing the pool cover. Please contact this office once the barrier issues have been addressed. You may contact me or Inspector Brad Inkley should you have any questions concerning this matter. Very truly, James D. Brandolini, Deputy Building Commissioner oVY R\ TOWN OF YARMOUTH0 #Pii p§ • BUILDING DEPARTMENT 1146 Route 28, South Yarmouth, MA 02664�$ 508-398-2231 ext. 1261 Fax 508-398-0836 y— acme( , .4 rect. March 23,2017 L'r "' ft a Robertson Roderick A. TR 44,4,44-sog, Fourteen Grist Mill LN NOM TR 125 Chuet Road Dedham, MA 02026-6001 Re: 14 Grist Mill Lane, West Yarmouth Pool Enclosure Dear Mr. Roderick: This is to serve as a follow up to my February 16,2017 letter and my March 22,2017 site meeting with Johnathan Blake, concerning the swimming pool enclosure issues at 14 Grist Mill Lane, West Yarmouth. Our site meeting discussion and observation details are as follows: -There is no barrier on the northerly side of the pool. -The front gate is not self-closing and not self- latching. -There are fence sections facing the street side that are rotted. -There are fence sections on the southerly side that are loose. -There is a barrier gap of approximately 12 inches between the fence and the shed,on the southerly side -The easterly side masonry wall barrier has protrusions(concrete and wood)that are climbable. Refer to Residential Building Code Appendix G, Section AG 105.2,para. 3. As a result, appropriate remedial action shall be completed, inspected and approved before the pool cover is removed. Because of the life-safety nature of this matter it is imperative a complete and code compliant barrier be maintained pursuant to Residential Building Code Section R102.7.3,and Section AG105. I am enclosing copies of these Code sections for your referral. V4f ruly, 24,4_- James D. Brandolini, Deputy Building Commissioner cc: Johnathan Blake 'killo� YqR,�. k' TOWN OF YARMOUTH BUILDING DEPARTMENT o . ~' —y 1146 Route 28, South Yarmouth, MA 02664 •�' wwrii. n 9f t .• •._ 44. 508-398-2231 ext. 1261 Fax 508-398-0836 -2 v 3- 2 '- /7' February 16, 2017 " , "— Robertson Roderick A TR ,,/�� ,tow Fourteen Grist Mill LN NOM TR '`^a E 125 Chuet Rd. " ` Dedham, MA 02026-6001 //Z.-et/ 2 Re: 14 Grist Mill Lane, Swimming Pool Dear Mr. Roderick: frt-K In response to an inquiry made by the Town of Yarmouth HealtDept. concerning the fencing, ` 214 enclosing the inground swimming pool at 14 Grist Mill Lane,I visited the site this date to observed said ' conditions. My observations and findings are as follows: ( / r -Certain areas of the fence enclosure are less than four(4) feet in height.`!� .4 "� -The gates are not self-closing -The latches are less than 54 inches above grade. -Certain areas of the yard are not protected with a fence. These minimum State Building Code (780CMR) requirements for one & two family house use, are contained in Appendix G;a copy of which,I am enclosing for your reference. The Code references also include the Code Commentary for each. Finally, because of the life- safety nature of this matter, you are hereby ordered to remedy this pool enclosure matter prior to removing the pool cover. Please contact this office once the barrier issues have been addressed. You may contact me or Inspector Brad Inkley should you have any questions concerning this matter. Very truly, James D. Brandolini, Deputy Building Commissioner , • • • • • . • 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS 51.00: continued R102.7.3 Add subsection: R102.7.3.Laws Not in Existence:Incases where applicable codes,riles orregulations,bylaws or ordinances were not in existence at the time of such construction or alteration,the building or structure shall be maintained by the owner in accordance with this code. R.102.7.4 Add subsection: R102.7.4. Less Stringent. In cases where the provisions of this code are less stringent than the applicable codes, rules or regulations, bylaws or ordinances in effect at the time of such construction or substantial alteration,the applicable provisions of this code shall apply,provided that such application of these provisions can be reasonably demonstrated to not result in danger to the public,as determined by the building official. 12103 Replace entire section RI03 as follows: 11103.1 Municipal and State Enforcement. This code shall be enforced, and enforcement officials shall be appointed,in accordance with M.G.L.c. 143,§§3 and 3A and M.G.L.c.22. Reference to The Department of Building Safety shall be considered reference to the building official. R104.1 Replace as follows: R104.1 General. The building official is hereby authorized and directed to enforce the provisions of this code in accordance with M.G.L.c.143. R104.4.1 Add subsection: R104.4.1 Coordination of Inspections. Whenever in the enforcement of this code,or another code or ortmance,the responsibility of more than one enforcement official of the jurisdiction is involved, it shall be the duty of the enforcement officials involved to coordinate their inspections and administrative orders as fully as practicable so that the owners and occupants of the building or structure shall not be subjected to visits by numerous inspectors or multiple or conflicting orders. Whenever an enforcement official observes an apparent or actual violation not within the official's authority,the official shall report the findings to the official having jurisdiction. R104.8 Replace as follows: R104.8 Liability. All claims of liability relative to building officials shall be governed by M.G.L.c.258. R104.10 Replace the last sentence with the following two sentences: The details of action granting modifications shall be recorded and entered in the files of the building official and a copy forwarded to the BBRS within seven days. A building official may seek assistance from the district's State building inspector for modifications. 11104.10.1 Replace as follows: R104.10.1 Areas Prone to Flooding. The building official shall not grant modifications to any provision related to areas prone to flooding as established by this code without the granting of a variance to such provisions by the building code appeals board. Also, no variance to requirements of this code can be solely utilized to argue for lawful construction/reconstruction • where such construction/reconstmctionwould conflict with requirements ofM.G.L.c.131,§40: Removal,Fill,Dredging or Altering of Land Bordering Waters(the Wetlands Protection Act), and/or 310 CMR and 314 CMR,as applicable. 2/4/11 780 CMR-Eighth Edition-203 v • ` . APPENDIX G i I •Where a swimming pool is not fully enclosed, as is AG104.2 Portable spas and hot tubs. Portable spas and hot required in the definition of an indoor pool, it is an tubs shall be designed and constructed in conformance with outdoor swimming pool.A pool that may be partially in- ANSI/NSPI-6 as listed in Section AGI OS. side and partially outside is defined as an outdoor pool The requirements of ANSI/NSPI-6 regulating residen- because it is not completely surrounded by a structure. tial portable spas are applicable to all such spas. SECTION AG103 SECTION AG105 SWIMMING POOLS BARRIER REQUIREMENTS • AG103.1 In-ground pools.In-ground pools shall be designed AG105.1 Application. The provisions of this chapter shall and constructed in conformance with ANSI/IQSPI-5 as listed in control the design of barriers for residential swimming pools, Section AG108. spas and hot tubs. These design controls are intended to pro- C. videprotection against potential drownings and near- The requirements of ANSIpools 6 regulating residen- tial in-ground swimming pools are applicable to all drownings by restricting access to swimming pools, spas and j in-ground pools regulated by this appendix chapter. hot tubs - I AG103 .? Above-ground and on-ground pools. Above- t This section describes the provisions for bafflers ground and on-ground pools shall be designed and constructed around residential swimming pools,hot tubs and spas. j in conformance with ANSI/NSPI-4 as listed in Section AG108. A swimming pool or similar facility creates an attractive temptation to children, including very young children 1 C.The requirements of ANSI/NSPI-4 regulating residen- and infants who do not know how to swim.The instal- 1 tial above-ground and on-ground swimming pools are lation of an effective barrier can help reduce the applicable to all such pools regulated by this appendix number of children who die or are injured as the result i chapter. of open access to a swimming pool, spa or hot tub. AG103.3 Pools in flood hazard areas.In flood hazard areas AG105 2 Outdoor swimming pool. An outdoor swimming i established by Table R301.2(1), pools in coastal high hazard pool, including an in-ground, above-ground or on-ground areas shall be designed and constructed in conformance with pool,hot tub or spa shall be surrounded by a barrier which shall I ASCE 24. comply with the following: i y C.The purpose of this section is to address installation of 1. The top of the barrier shall be at least 48 inches (1219 1 swimming pools in or on the lot of a one-or two-family mm) above grade measured on the side of the barrier 1 dwelling if the location of the proposed swimming pool which faces away from the swimming pool. The maxi- ' is in a coastal high-hazard area (V Zone). Coastal mum vertical clearance between grade and the bottom of high-hazard areas are areas where wave heights are the barrier shall be 2 inches (51 mm) measured on the predicted to exceed 3 feet(914.4 mm)during the base side of the barrier which faces away from the swimming flood. Breaking waves impart dynamic loads on struc- pool.Where the top of the pool structure is above grade, t tures, including above-ground pools and inground such as an above-ground pool, the barrier may be at pools in soils that are subject to scour and erosion. ground level,such as the pool structure,or mounted on ASCE 24 specifies that pools are to be designed to top of the poolstructure.Where the barrier is mounted on withstand flood-related loads and load combinations. top of the pool structure,the maximum vertical clearance If pools are structurally connected to buildings, the between the top of the pdol structure and the bottom of pools are to be designed to function as a continuation the barrier shall be 4 inches(102 mm). of the building (see Section R324.3.3). The regula- 2. Openings in the barrier shall not allow passage of a i tions of the National Flood Insurance Program require inch-diameter(102 mm)sphere. I. that all development be designed and adequately an- °,_ . chored to prevent floatation,collapse,or lateral move- 3. Solid barriers Which do not have openings, such as a ment resulting from hydrodynamic and hydrostatic masonry or stone wall,shall not contain indentations or a protrusions except for normal construction tolerances loads, including the effects of buoyancy. and tooled masonry joints. I. 4. Where the barrier is composed of horizontal and vertical SECTION AG104 members and the distance between the tops of the hori- ( SPAS AND HOT TUBS zontal members is less than 45 inches (1143 mm), the € horizontal members shall be located on the swimming f[ AG104.1 Permanently installed spas and hot tubs. Perms- pool side of the fence. Spacing between vertical mem- bers installed spas and hot tubs shall be designed and con- bers shall not exceed 13/4 inches (44 mm) in width. strutted in conformance with ANSI/NSPI-3 as listed in Section Where there are decorative cutouts within vertical mem- AG108. bers, spacing within the cutouts shall not exceed 13/4 :•The requirements of ANSI/NSPI-3 regulating perma- inches(4-4 mm)in width. nently installed residential spas are applicable to all 5. Where the barrier is composed of horizontal and vertical nonportable spas and hot tubs. members and the distance between the tops of the hori- 2009 INTERNATIONAL RESIDENTIAL CODES COMMENTARY APPENDIX G-3 P ,• .. ii, • F„ • APPENDIX G 1(; . zontal members is 45 inches(1143 mm)or more,spacing duces an audible warning when the door and/or between vertical members shall not exceed 4 inches(102 its screen,if present,are opened.The alarm shall mm).Where there are decorative cutouts within vertical be listed and labeled in accordance with UL members,spacing within the cutouts shall not exceed 13/4 2017. The deactivation switch(es) shall be inches (4-4 mm)in width. located at least 54 inches (1372 mm) above the 6. Maximum mesh size for chain link fences shall be a threshold of the door;or 2'/,inch(57 mm)square unless the fence has slats fas- 9.3. Other means of protection, such as self-closing tened at the top or the bottom which reduce the openings doors with self-latching devices, which are to not more than 13/,inches(44 mm). approved by the governing body,shall be accept- able as long as the degree of protection afforded 7. Where the barrier is composed of diagonal members, is not less than the protection afforded by Item such as a lattice fence,the maximum opening formed by the diagonal members shall not be more than 13/4 inches 9.1 or 9 described above. (44 mm). 10. Where an above-ground pool structure is used as a bar- rier or where the barrier is mounted on top of the pool 8. Access gates shall comply with the requirements of Sec- structure,and the means of access is a ladder or steps: tion AG105.2,Items 1 through 7, and shall be equipped to accommodate to locking -device. Pedestrian access 10.1. The ladder or steps shall be capable of being gates shall open outward away from the pool and shall be secured,locked or removed to prevent access; self-closing and have a self-latching device.Gates other or than pedestrian access gates shall have a self-latching 10.2. The ladder or steps shall be surrounded by a device.Where the release mechanism of the self-latch- barrier which meets the requirements of Sec- ing device is located less than 54 inches(1372 mm)from tion AG105.2,Items 1 through 9.When thelad- the bottom of the gate,the release mechanism and open- der or steps are secured,locked or removed,any ings shall comply with the following: opening created shall not allow the passage of a 8.1.The release mechanism shall be located on the 4-inch-diameter(102 mm) sphere. pool side of the gate at least 3 inches (76 mm) •'r This section provides prescriptive requirements for the below the top4'bf the gate;and construction of the swimming pool barrier. 8.2. The gate and barrier shall have no opening larger 1. The barrier height requirement of 48 inches than V, inch (12.7 mm) within 18 inches (457 (1219 mm) above the ground is based on re- mm) of the release mechanism. ports that document the ability of children under. 9. Where a wall of a dwelling serves as part of the bather, the age of 5 to climb over barriers that are less one of the following conditions shall be met: than 48 inches (1219 mm) in height. The basis - 9.1. The pool shall be equipped with a powered safety for the 4-inch(102 mm)criterion for an opening cover in compliance with ASTM F 1346;or frameaistween theesame asr and the top of the pool as is the for guard construction as<. ; 9.2.Doors with direct access to the pool through that addressed in Section R312. Refer to Commen-. wall shall be equipped with an alarm which pro- tary Figure AG105.2(1). BOTTOM OF BARRIER • 4 IN. MAX TOP OFPOOL OPENING [FRAME . ... . , . .i . _, _,..._., ,. .4 ,:::: . ,..:.. . nii 4:43:: . .:-U-.)4 ''. i . For SI: 1 inch=25.4 mm. Figure AG105.2(1) _ r OPENING LIMITATIONS ^c+ �t, ^ i APPENDIX G-4 2009 INTERNATIONAL RESIDENTIAL CODE®COMMENTARY Pi P.r t: APPENDIX G k , , f 2. The general provision is applicable only when 5. This requirement is the counterpart to Item 4 in one of the conditions addressed in Items 4, 5,6 that it permits the opening in the barrier to be 4 and 7 is not present. For example, a chain-link inches (102 mm) if the vertical spacing of the fence would be regulated by the requirements horizontal members equals or exceeds 45 of Item 6, which reduces the general opening inches(1143 mm)as illustrated in Commentary criterion of 4 inches(102 mm)to 21/4 inches(57 Figure AG105.2(2). It is consistent with Item 2, mm). The basis for the 4-inch (102 mm) crite- which limits openings in the barrier to a 4-inch rion is the same as for guard construction per (102 mm) diameter. The spacing of horizontal Section R312. It is based on studies of the body members 45 inches(1143 mm)apart precludes measurements of children 13 to 18 months old. them from being used by small children to climb the barrier. 3. This provision reduces the potential for gaining a foothold and climbing the barrier. 6. The 21/4-inch (57 mm)dimension is intended to ' 4. The more stringent 1.75-inch(44 mm)provision reduce the potential for a child to gain a foothold I for spacing between vertical members applies [see Commentary Figure AG105.2(3)]. The when the spacing between horizontal members mesh size is permitted to be larger than is less than 45 inches (1143 mm). It acknowl- 21/4-inches (57 mm) square if slats are used to edges the potential for a child to gain both a reduce the mesh opening to 13/4 inches(44 mm) handhold and a foothold on closely spaced hori- in order to decrease the potential for a child to zontal members and reduces the potential for a obtain a foothold or handhold. child to gain a foothold by limiting the space be- i tween the vertical members on the same bar- 7. A slightly larger opening is permitted for barriers rier. If the horizontal members are spaced less composed of diagonal members other than I than 45 inches(1143 mm)apart,they must also chain link fences,on the basis that such barriers I be located on the swimming pool side of the would be more difficult to gain a foothold and 4 fence as shown in Commentary Figure handhold on than a chain link fence. The AG105.2(2) so that they are not available to be 13/;inch (44 mm) dimension is consistent with I; used to climb the barriers. Items 4, 5 and 6. 4 IN. MAX CLEARANCE BETWEENrN. TMAX CLEARANCE WEEN VERTICAL MEMBERS — [— — — &`; SWIMMING SWIMMING z POOL SIDE POOL SIDE `g t _ 45 IN.OR GREATER 48 IN. . y 1 S 1,1, 1;. 11 ii . r I I I II I I . —111=1 I\. iii,e:,/// \\\1 =111=III \ 111/\\\w//��r 2 IN.MAX 2 IN. MAX HORIZONTAL MEMBERS SPACED HORIZONTAL MEMBERS SPACED 45 IN. OR GREATER LESS THAN 45 IN. ti For SI: 1 inch=25.4 mm. • Figure AG105.2(2) PRIVATE SWIMMING POOL BARRIER CONSTRUCTION Ii 2009 INTERNATIONAL RESIDENTIAL CODE®COMMENTARY APPENDIX G-5 • • • Y. •APPENDIX G , ' 8. Agate represents the same potential hazard pervised children around the perimeter of the rel- ative to climbing as do the other portions of the fence, but there is still a potential for children to barrier; therefore, it must be constructed in ac- access the pool from within the dwelling. In- cordance with applicable Items 1 through 7.Ad- deed, almost half the children involved in ditionally, because the gate also represents a drowning or near-drowning accidents gained potential breech of the barrier because the gate access to the pool from the dwelling. r can be opened, the code provides prescriptive The provisions of this section restrict such ac- details for the construction and operation of the cess by small children and are applicable to all gate. A self-closing pedestrian gate must open doors in walls that form a portion of the barrier away from the pool because if the latch fails to required around swimming pools. • operate,a child pushing on the gate will not gain Protection of such door openings to pool ar- immediate access to the pool. Pushing on the eas can be achieved in any one of the methods gate may also engage the latch. Large, described in Items 9.1 through 9.3.The first al- nonpedestrian gates are not required to be ternative does not require protection of the ex • - self-closing because of prohibitive cost and terior door itself but limits access to the pool by , maintenance concerns coupled with the fact means of a power safety cover. The perfor- that these gates are typically-operated by per- mance criteria specified when this option is se- sons other than small children. The 54-inch lected assures that the power safety cover is an _ (1372 mm) latch height requirement limits the adequate and reliable barrier to the pool.In Item , potential for small children to reach and activate 9.2,the alarm is configured to allow adults who the latch. If the latch is located lower than 54 are accessing the house to open the door,enter inches (1372 mm), the code's prescriptive lo- the house and deactivate the system to prevent cation requirements preclude the latch from be- a false alarm.The touchpad used to deactivate . ing activated by small children who are not on the system must be mounted 54 inches (1372 the pool side of the gate. mm) above the floor, which is presumed to be • 9. Many residential settings with backyard pools beyond the reach of small children. use the dwelling as a'portion of the barrier re- Item 9.3 permits doors to pool areas to be protected by devices that render the door quired around the pool, such as where the self-closing and self-latching. Any other re- fence bounding the property terminates at the dwelling.This limits access to the pool by unsu- cause encs would be performance based be- dwelling. the code requires equivalency only with Item 9.1 or 9.2. One possible criterion could re- quire the release mechanism for the latching device to be located a minimum of 54 inches (1372 mm) above the floor, which is presumed to be beyond the reach of small children. In ad- dition, doors protected by the method specified , in Item 9.3 should probably open away from the pool area. This is so that if the door failed to latch, a child outside the pool area pushing against the door would cause it to close and not swing to an open position. ` / 10.The code permits the wall of the pool itself to '' /21/4 serve as the barrier to the pool, if the wall ex- / ` tends at least 48 inches (1219 mm) above the finished ground level around the perimeter of the pool.Unless it can be secured,locked or re- moved, the ladder must be surrounded by a complying barrier to limit access to the ladder. //N AG105.3 Indoor swimming pool. Walls surrounding an indoor swimming pool shall comply with Section AG105 2, Item 9. •:Indoor pools represent the same hazards as outdoor inch=25.4 mm. pools. For this reason, the walls and doors surround- For SI: ing an indoor swimming pool are regulated in the same Figure AG105.2(3) manner as an exterior wall of a dwelling where the wall CHAIN-LINK FENCE MESH is used as a barrier for an outdoor pool.The provisions FOR PRIVATE SWIMMING POOLS of Section AG105.2, Item 9 apply in their entirety. APPENDIX G-6 2009 INTERNATIONAL RESIDENTIAL CODE®COMMENTARY i " • Chapter 127 SWIMMING POOLS t, § 127-1.Required fencing. [HISTORY: Adopted by Annual Town Meeting of the Town of Yarmouth 4-12-1983 by Art. 18, approved 5-23-1983. Amendments noted where applicable.] § 127-1. Required fencing. EVery swimming pool shall be surrounded by a fence or barrier wall not less than four feet in height. Each fence, wall, door and/or gate shall be so constructed as to have no openings, holes or spaces larger than four inches in any direction. Picket fences will be allowable, which shall have a space between solid pickets of no greater than four inches. All gates shall be self-closing and -latching. Stairs, landings or similar aids to access for aboveground pools shall be removable and able to be secured or stored to prevent unauthorized use. For the purpose of this chapter, "swimming pool" shall mean a pool more than 24 inches deep. PM Y;'. aW 1 ,r + ; 4, i "ii1 i4 4"k, a ;;;1it4a 40 114 141,&" 4ft is 0f;= �+ k 7:1 OS-01-2004 : 1• ra;: rt4 L , 780 CMR: STATE BUILDING CODE COMMISSION persons and not to bathers. Construction and drainage shall be such as to avoid the entrance and accumulation of water in the vicinity of electrical equipment. The construction and installation of electrical wiring for equipment in or adjacent to swimming pools,_to metallic appurtenances in or within five (5) feet of the pool. and to auxiliary equipment such as pumps, filters, and similar equipment shall conform to Article 680 of the Massachusetts Electrical Code 527 CMR 12.00. 428.8.2 Enclosures: Every public and semipublic outdoor in-ground swimming pool shall be enclosed by a fence six (6) feet in height and firmly secured at ground level provided that any board or stockade fence or structure shall be at least five (5) feet in height, but if over five (5) feet in height, the fence shall be chain link. Such enclosure. including gates therein. shall not be less than six (6) feet above the ground, and any gate shall be self-latching with latches placed four (4) feet above the ground or otherwise made inaccessible from the outside to children up to eight (8) years of age. Such enclosures shall be constructed of such material and maintained so as not to permit any opening in said enclosure, other than a gate. wider than three (3) inches at any point along the enclosure. My such pool shall be equipped with at least one (1) life ring and a rescue hook. 428.8.3 Draining: Every outdoor in-ground swimming pool open to the public shall be drained or covered within seven(7) days of closing. 428.8.4 Inspection: Every public and semi-public outdoor in-ground swimming pool shall be inspected annually by the inspector of buildings of each city and town in which said pools are located (in accordance with Chapter 140, Section 206, of the Massachusetts General Laws as amended). 428.8.5 General safety requirements: Cities or towns may enact by-laws or - ordinances for enclosing private swimming pools by requiring the installation of fences or equivalent enclosures or means of protection from access to the pool. ,SECTION 429.0 OPEN PARKING STRUCTURES 429.1 General: Open passenger vehicle parking structures are those structures used for the parking or storage of passenger motor vehicles designed to carry not more than nine(9)persons, and include the following two (2) general types: 1. Ramp type parking structures are those employing a series of continuously rising floors or a series of interconnecting ramps between floors permitting the movement of passenger automobiles under their own power to and from the street level. 2. Mechanical type parking structures are those employing specially designed parking machines. elevators, lifts, conveyors. moving cranes, dollies or othe devices for moving passenger automobiles to and from the street level. For exitway requirements see Section 609.5. 6/12/87 176 --,n,----7,---.,.,_.3-4.,- ,; "-�"�.Ec. �y `R"^e�c q���_a�'�C' m? 1 a -� _'� f tt'r' C r E, 1 % jed >�3sa- `,. X. Y`" �2 ) ...-• te t 'e - .. F; c'.- - `'`r '. .°../ �S'' / i �• ilkli '+_`g -7- -- -,.4 `�,3'' ►t'� -r'.11� ?V.5� �,k ,- •�- - ,- • ' A ��►4 f,�,�,�/� y`"P(;. , ` r i Nf,.� �..� �-�.it' a. +' ) �: V - ,�L ✓ � "�r,.�'-:f fit'te�^RY"' -er�� ��' �' ✓..,. 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' -,. ..•' 'I' ; .';/4 -i, ••,.,• ,•.., ..., v.-1:,-.it :1 , ; . .. ,, , tr.J , ...-;•-• ....... \ rr` 4 p iy °}r \ , -T - „" .ti • 1,- 4 tr3 i%c - CONSERVATION JS OFFICE "'?>` ' f Yarmouth Conservation Commission Administrative Review Application Applicant Information: / Name: Joh n Dont e f/O✓7 Address: /4 Crich'n,// Lone Phone: 781 439 / 789 jdonne//on63& /cloud. com Signature: Location of Work: �`Y Ord//rl/JJ Lone. Street Name and Number Detailed Description and Reason for Proposed Work: /1J O//QnOc) oA len/TPa *d ,Jve ./ool/ A o rd Ode✓ �Xl Sl7 ncl U c/!/Therm/ rizbos J te/nov? '.5tepp/nit Lip ,bt-fAheor/ 79) v poo/ so{{eft/ 1/S is n fam/DV ray stria-fine Ibni will hp tenovice Lvhvr2 hid!Avon, /s rep/aced /he fu "t-/ e. Closest Distance to Resource Area: D . Proposed Start Date: 6/2 7/2_0/7 • Company to do Work: Name: by o wrier. Address: Phone: Administrative Review Comments: WY)/ ot (Mee //ni/Yre/ 7 5?-chon J t4 litre brrghpe?et /io 1/42,40/7420. / /20 access of ac.f'7 V/ ' / on sd/� meal, vt 7C-(AW-r7 /it/or,t bJ har)c7! 6I27/2o /7_ CONSERVATION � „«,«.T OFFICE Yarmouth Conservation Commission Administrative Review Application Applicant Information: /� Name: John Dore I/on Address: /4 Cr-,cl7n,// Lane Phone: 78 / 439 / 789 jdonne//oi52& lC lour'/. Win Signature: location of Work: ,/`J Gets/mil/ Lone Street Name and Number Detailed Description and Reason for Proposed Work: /i'7S10/1/477170/D 011 Gen tr a1r'r/ /7/1>/dunce," b a-?Fels' over .exfSthnj bu/Ehhaet 75n,.L ,s to tem ow ',Stepp u79 bL,/E hear/ 7f) v pc v/ so e 'y Th/ /5 it m/ a iPVYe 7 Stfl'n ie -that wi// /XP fe�mov(7 / it/hen bu/i/icoc/ IS rep/aced /n the 7elle &ere Closest Distance to Resource Area: [J Proposed Start Date: 6/2 7/Z0/7 • Company to do Work: Name: b7 06Ut92Y• Address: Phone: Administrative Review Comments: j4JP/ ,L ctireCf /iI-n e/ 7b S�G/vO��S lJl� re bre/�/'IPoc/ /A „Moira / /20 access O! CI c /7v/ 77 ©�� S�7/f (/Cc' i1v& on. Gdor,t b`y hone/ 6/27/10 /7• Brandolini, Jim From: Brandolini,Jim Sent: Wednesday, November 14,2018 4:58 PM To: Inkley, Brad Cc: Grylls, Mark Subject: 14 Grist Mill Lane Pool Barrier Brad: FYI--I visited this site today and they erected a chain link fence on the northwest side of the lot,adjacent to the shed. They also replaced the fencing and gates adjacent to the driveway and house on the southerly side. The new gates operate as required. Plywood has been installed over the wooden timber(climbable) protrusions that made up the wooden bulkhead on the easterly and southerly sides. Jim • 1