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Home My WebLink AboutUpdate on Violation 12-13-2018 l''Ygi- TOWN OF YARMOUTH 't ilic k' , - So BUILDING DEPARTMENT o -H 1146 Route 28,South Yarmouth, MA 02664 'N "k„„ °,.w";24', 508-398-2231 ext. 1261 Fax 508-398-0836 if 3d /r VIOLAITON NOTICE .c, p✓ November 8, 2018 vc It i Mr. Graham Doolan �'i'` 1 )n 31 Aspinet Road /// c South Yarmouth, MA 02664 kyr Re: 31 Aspinet--Above Ground Swimming Pool Barrier Gate ` J„�,(✓lamG• Violations:(1)Failure to comply with the required Building Code Swimming Pool Barrier 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 tightened 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, 0�� a ^/ /a<Ste ., James D. Brandolini, la,p4,".. Deputy Building Commissioner --fiaA Asy End. 1 s% ofY�+R mo. TOWN OF YARMOUTH BUILDING DEPARTMENT O .it,,i' . y . 1146 Route 28, South Yarmouth, MA 02664 508-398-2231 ext. 1261 Fax 508-398-0836 September 20, 2018 c,r Doolan Graham 31 Aspinet Road So. Yarmouth, MA 02664 /, �► / � L' Re: Swimming Pool Bather Gate i/�2c. ✓J .(•C /! 'r Dear Mr. Graham: //• This is to serve as a follow up to my September 19, 2018 site visit to inspect the installation of the swimming pool bather gate closer. On June 22, 2017 you and I met on site and discussed the installation of a spring mechanism that would cause the barrier gate to self- close and self—latch, as require pursuant to 780CMR,Appendix G, Section 105.2,para.8,Eighth Edition building Code,copy enclosed. You stated you would install springs so the gate would self-close. � At During this recent inspection I observed that a spring mechanism has not been installed and the gate latch does not engage without having to lift the gate. I left a note with a lady at the front door noting this and requesting you contact me. Accordingly, because of the life/safety nature and the longevity of this matter,you are hereby advised that failure to take immediate corrective action,will result in the issuance of tickets with an associated fines of$100-First Offense,$500-Second Offense and$1,500 for subsequent offenses. Tickets of this nature are issued pursuant to MGL Chapter 148A and the State Building Code. Finally,I consider a second offence to have occurred when abatement has not taken place within seven (7)days. So ordered, ` i £ ssir /A� of Y4 . TOWN OF YARMOUTH Building Department BUILDING (508) 398-2231 ext.1261 `� (� PERMIT tit,. tot% ' "1 PERMIT NO SLOPS-15-005662 c-Zin".10 ISSUE DATE ;06109/2015 i JOB WEATHER CARD APPLICANT CARLOS NARCISO i PERMIT TO l AT(LOCATION) L31 ASPINET RD, SOUTH YARMOUTH, MA 02664 I ZONING DISTRICT ` I Bldg.Type: 'Residential SUBDIVISION MAP BLOCK LOT 033.1 BUILDING IS TO BE: CONST TYPE USE GROUP I REMARKS install above ground pool(508-763-1950) CONTRACTOR itoo fret - 5 4 7 -/2 AC LICENSE 1117031 'Home Improvement NARCISO ENTERPRISES,INC CARLOS NARCISO AREA(SQ FT) 910,787,328.1 EST COST($) 500.00 PERMIT FEE($) 90.00 J 'P.O. BOX 680 'EAST FREETOWN, MA 02717 OWNER DOOLAN GRAHAM J BUILDING DEPT BY ADDRESS DEMPSEY MARY,31 ASPINET ROAD SOUTH YARMOUTH IMA 02664 1 PHONE THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET, ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY OR PERMANENTLY. ENCROACHMENTS ON PUBLIC PROPERTY, NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE, MUST BE APPROVED BY THE JURISDICTION. STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM MINIMUM INSPECTIONS REQUIRED FOR ALL APPROVED PLANS MUST BE RETAINED ON WHERE APPLICABLE SEPARATE CONSTRUCTION WORK 1)FOUNDATIONS OR JOB AND THIS CARD KEPT POSTED UNTIL PERMITS ARE REQUIRED FOR .7 „ ,•J .2)PR;OR TO CO L:,\IIYV HIRUV\VIV1L. - C....I ..... -CT10.•1,•-Orf".:LDDCIA......- CLIZQTR:C•1 tumn:,...-w"v MEMBERS(READY FOR LATH OR FINISH COVERING) A CERTIFICATE OF OCCUPANCY IS AND MECHANICAL 3)FINAL INSPECTION BEFORE OCCUPANCY 4) REQUIRED,SUCH BUILDING SHALL NOT BE INSTALLATIONS. REFER TO DETAILED INSPECTION SCHEDULE OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. POST THIS CARD SO IT IS VISIBLE FROM STREET BUILDING INSPECTIONS APPROVALS -1 y _ U h:LHei- 7"•'•'f ( 5z9�l i r--” -/7 i t 7.t4(,,,wtr.,t- -44,57. 9 ,z_? -/W gee,.Lem y """k P-4- ,t z-b,..L. -, L 'n„' ,Aar-d m,�'f 4'6c 110 •�. 2 - pi (91C 4e-tAnm ' OTHER: l 4-et G t`"`') V— / 7 4 ,4�" -art ',. -�-� -.,! 1 y� ,., •• 6.,1, E �e-,,,�, �.�y,. ° k•� 'yy .,_. wee rt., G -r cr ar - c_ WORK SHALL NOT PROCEED PERMIT WILL BECOME NULL AND VOID IF INPSECTIONS INDICATED ON THIS CARD / re. UNTIL THE INSPECTOR HAS CONSTRUCTION WORK IS NOT STARTED WITHIN SIX CAN BE ARRANGED FOR BY TELEPHONE !!!/// APPROVED THE VARIOUS MONTHS OF DATE THE PERMIT IS ISSUED AS NOTED OR WRITTEN NOTIFICATION STAGES OF CCO,NS�TRRUCTION APMF ioc4 a,� ez4mtct' t ,,,x,14.0. G,nc• a(G,c- m- �`� , A . .P -r t A=t P--6n, .,b o.�%9�! # a< ,' .. YqR TOWN OF YARMOUTH FILE cop ,oF a y; BUILDING DEPARTMENT n 1146 Route 28, South Yarmouth, MA 02664 508-398-2231 ext. 1261 BUILDING PERMIT FIELD INSPECTION CORRECTION NOTICE Graham J.Doolan Mary Dempsey 31 Aspinet Rd. South Yarmouth,MA 02664 J .79 Inspection Date: February 25,2016 14( 6 Location: 31 Aspinet Rd. 2�i+ Permit No: 15-005662 X - • Issued to: Narciso Enterpirses, Inc. Pursuant to the provisions of 780CMR (State Building Code), Section 104.4, Inspections, I performed an inspection of the above ground swimming pool at the address noted above and observed the following violations/deficiencies of the State Building Code: 2.,.ti.. z 1. The pool has been placed within inches of the adjoining bottom deck lattice,whichdoeSTnot'comply with the child"climbahility restrictions". �,& ,4 r-re (,,,,w. Safety Notes: (a)The tarp covering the pool is filled with water and is sagging. "1-"at W ter (b)The re-moveable ladder has been placed within feet of the pool. (c) There are two buckets placed at the base of the pool/front that could be used by a child to step up on and access the pool. General Notes: (a)The Hot Tub placed on the rear deck requires a permit a a 't �` • • (b) It appears the weight of the hot tub is impacting the deck structure and exceeds the loading capacity of the deck framing. Accordingly,as property owner,you are notified to take appropriate corrective action and contact this office for a re-inspection upon completion. Approval by an inspector of this department is required. This should be attended to immediately. You may contact me at the phone number noted above should you have any questions concerning this matter. Finally, as the permit holder of record, Narciso Enterprises, Inc.,Carlos Narciso is responsible to remedy the proximity of the pool in relation to the climbable lattice matter. Accordingly, I am sending Mr. Narciso the enclosed Correcttiip Notice. Very truly, AN '41%) .r _ 367 - lz"Pi Jam `D. andolini, 41291 Deuilding Commissioner .ovi•YgR TOWN OF YARMOUT • ' 4 off c BUILDING DEPARTMEg r (Jur `� 1146 Route 28, South Yarmouth, MA 02664 508-398-2231 ext. 1261 BUILDING PERMIT FIELD INSPECTION CORRECTION NOTICE Narciso Enterprises,Inc. Carlos Narciso P.O. Box 680 East Freetown,MA 02717 3 r_29-/? Inspection Date: February 25, 2016 ( pt / R Location: 31 Aspinet Road, South Yarmouth �Q ..2..,a JJ p ^, Permit No: 15-005662 �+ u „Ai 6a L�,,«r" gialk\ Issued to: Carlos Narciso Pursuant to the provisions of 780CMR(State Building Code),Section 104.4,Inspections,I performed an inspection of the above ground pool at the address noted above and observed the following violations/deficiencies of the State Building Code: 1. The pool has been placed within inches of an adjoining bottom deck lattice,which does not meet the child climbability restrictions. Re: 780CMR, Chapter 42, Section AG105.2(7) 2. The pool at the point of entry(location of ladder), lacks the required barrier. Re: 780CMR, Chapter 42, Section AG105.2(10) Accordingly,as the permit holder of record,you are required to make all appropriate corrections and contact this office for a re-inspection when the corrections have been completed. Approval by an inspector of this department is required. All corrections must be made immediately. Note: This inspection was performed because our records reflects no prior inspections and none requested. Finally, you may contact me at the phone number noted above should you have any questions concerning this matter. - Very truly, vi( : � „4 %%14k* ,,4n-edraPteeir J s�. Brandolini, Ile pBuilding Commissioner OF•YA1Q, TOWN OF YARMOUTH �'` ' 7., a BUILDING DEPARTMENT p - , ,'.. .e 1146 Route 28,South Yarmouth,MA 02664 ? -. �.a'' 508-398-2231 ext. 1261 Fax 508=398-0836 csvApril 12,2017 Mr.Graham J. Doolan 31 Aspinet Road South Yarmouth,MA 02664 C /r— 1 Ji13/1147— �i"%4i r/ Re:31 Aspinet Rd.Swimming Pool Barrier , 4-t-A5(- -q Dear Mr.Doolan: This is to serve as a follow up to our April 5,2017 site meeting at 31 Aspinet Road./Of s -- ' ; ••1. o review the above ground swimming pool barrier and newly constructed deck issues.' 7 _1ry The following issues were discussed: -Because the pool is accessible from the newly constructed lower deck level, . - losint a s required at the top of the stairs leading from the upper deck level to the lower level. This gates all open towards the upper deck and not over the stairs. The gate is required to th . .i'.'.. ., . .n--•pht(48)inches igh ' of the latching device is required to be a minimum of fifty-fou (gj inches above the deck sur ace. Y 4,x—.27 17 ✓-A graspable handrail is required to be installed along the length of the stairs on e side. /The guardrail that runs parallejto the pool and the lower deck,even though elevated,is considered the pool barrier and thus A required to be a minimum of forty-eight(48)inches above the deck surface. ' J -The lower level deck guardrail currently terminates at the edge of the deck adjacent to the pool wall edge. It should extend (G ( � bey nd the pool wall edge,to prevent someone from walking onto that pool wall edge surface and falling four feet to the und. �1. 4 y -Because the pool has been placed within inches of the adjoining deck lattice,it does not comply with the child climbability (y restrictions as noted in my February 25,2016 Corrections Notice. You agreed to construct non-climbable barriers at both nitaz ends of entrance to abate this issue. These barriers will serve to prevent access to the lattice area, thus eliminating the potential of a child climbing the lattice and entering the pool from that point. bik esniJ-1 observed that the exterior above ground access ladder has been placed to the rear of the property. I asked if you intended to use that as an additional access to the pool. You advised me that you do not intent to use it. I did remind you that a ladder of this nature,as access to the pool from the exterior perimeter,triggers the need for a minimum forty-eight(48)inch barrier and a gate with the same latching and self-closing requirements as reference above. -The recently constructed lower level deck is not completed and should be complete when you contact this department for a re-inspection. -I suggested you check with Wiring Inspector Ken Elliott to ensure that all related electrical issues have been inspected and approved. Finally,the pool cover shall not be removed until all the barrier issues have been addressed,inspected and approved by this Department. I am enclosing the applicable Building Code Sections and Commentary for your edification. Thank you for you cooperation. Very truly, James D.Brandolini, Deputy Building Commissioner • 1 i / ,