Loading...
HomeMy WebLinkAbout21 Courtland Way Inspection ReportTown of Yarmouth, MA Inspection Report Inspection: Inspection Inspector: Brian Coughlin Inspection Date: Jul 17, 2025 Record: Rental Registration #BHR-25-411 Location: 21 &23 COURTLAND WAY, WEST YARMOUTH, MA 02673 Applicant: Elaine O'Sullivan Rental Inspection Overall Result: Fail Overall Remarks: #21 - Occupants of unit were present for inspection. Home interior is in very poor condition with multiple failures, all listed in report. Home is a duplex with shared basement space. Bathroom will need to be remodeled. Checklist: 1. Number of Bedrooms/Measurements Result: Pass Remarks: 1) 10' x 10', 2) 10' x 10' 2. Maximum Occupancy: Based on septic system capacity, number of bedrooms and bedroom square footage Result: Pass Remarks: 4 3. Basement Result: Fail Remarks: Shared with unit # 23 4. Electrical Panel Result: Fail Remarks: Blocked 5. Copy of Tenant's Legal Rights have been issued to tenant. Result: Pass 105CMR 410.00 0Minimum Standards of Fitness for Human Habitation (State Sanitary Code: Chapter II) Result: Fail 410.100 Kitchen Facilities * Result: Pass 410.110 Bathroom Facilities : Sinks, Toilets, Tubs & Showers * Result: Fail Remarks: - Tub missing drain stopper and cover - Sink missing drain stopper 410.110: Bathroom Facilities: Sinks, Toilets, Tubs, and Showers (A) The owner shall provide a bathroom which: (1) Is not used for living, sleeping, cooking or eating purposes; (2) Is accessible from within the building without passing through any part of another dwelling unit or rooming unit; and (3) Has a door capable of being closed. Bathrooms in homeless shelters shall not require a door capable of being closed provided the entry to the bathroom is designed to block the view from an adjacent room or common area. (B) Each bathroom shall include: (1) A toilet with a toilet seat. When more than one toilet is required by 105 CMR 410.110(E), each toilet shall be separated by walls or partitions and a door, and each urinal shall be separated by walls or partitions to afford privacy; (2) A sink in the same room as the toilet provided that: (a) If the sink cannot be placed in the same room as the toilet, it shall be adjacent to the door leading directly into the room in which the toilet is located; (b) The kitchen sink may not be substituted for the sink required by 105 CMR 410.110(B)(2); and (3) A bathtub or shower. (C) Facilities required by 105 CMR 410.110 shall have smooth and impervious surfaces and be free from defects which make them difficult to keep clean or create a risk of injury. (D) For any residence in which the bathroom facilities required by 105 CMR 410.110 are shared facilities, the owner shall ensure the facilities are maintained in a clean and sanitary condition and the fixtures are sanitized at least once every 24 hours and more often if necessary. (E) For every eight occupants of each rooming house in which bathroom facilities are not provided in each room, with the exception of Homeless shelters, the owner shall provide: (1) One toilet with a toilet seat and sink. One urinal may be substituted for each toilet for up to ½ of the total number of toilets required in any bathroom used exclusively by males; and (2) A bathtub or a shower. 410.120 Approved Toilets * Result: Pass 410.130 Water supply Potable Water/Sanitary Drainage Result: Pass 410.140 Plumbing Connections * Result: Pass 410.150 Hot Water 110-130 °F for faucets & 110-120 °F for bathtubs a & showers Result: Pass 410.160 Heating Systems * Result: Pass 410.170 Venting * Result: Pass 410.180 Temperature Requirements Owner shall proved heat in every habitable room & every room containing a toilet, shower or bathtub from September 15th through May 31st. 64° from 11:01 pm to 6:59 am 68° from 7 am to 11:00 pm Result: Pass 410.200 Provision and Metering of Electrical or Gas * Result: Pass 410.210 Provision of Oil * Result: Not Observed 410.220 Natural and Mechanical Ventilation * Result: Pass 410.230 Owner's Laundering Responsibilities If owner provides bed linens, towels, pillows or mattress Result: Not Observed 410.235 Owner's Installation, Maintenance and Repair Responsibilities * Result: Fail Remarks: BATHROOM - Flooring missing in toilet area - Sink vanity needs to be replaced or repaired - Tile missing and loose on shower wall and behind toilet - Mold on ceiling KITCHEN - Outlet on wall over sink missing Cover plate - Exposed junction box and wiring for ceiling light fixture - Flaking / peeling popcorn plaster finish on ceiling 410.235: Owner's Installation, Maintenance and Repair Responsibilities The owner shall ensure proper installation, in compliance with accepted standards, and shall maintain in operable condition free from leaks, obstructions or other defects, all facilities and equipment which the owner is required to provide, and all owner installed equipment: (A) The facilities and equipment the owner is required to provide include, but are not limited to: (1) Sinks; (2) Bathtubs and/or showers; (3) Toilets; (4) Waterheating facilities; (5) Gas pipes; (6) Heating system; (7) Water pipes; (8) Conventional cooktop and oven, as required by 105 CMR 410.100 except and to the extent the occupant is required to provide these items under a written rental agreement; (9) Catch basins, drains, vents and other similar supplied fixtures; (10) Connections to water, sewer and gas lines; (11) Subsurface sewage disposal system, if any; (12) Electrical light fixtures, switches, outlets and wiring; (13) Smoke detectors and carbon monoxide alarms as required by780 CMR: Massachusetts State Building Code and 527 CMR 1.00: Massachusetts Comprehensive Fire Safety Code; (14) All heating and ventilating equipment; and (15) Refrigerator with freezer, as required by 105 CMR 410.100, except and to the extent the occupant is required to provide these items under a written rental agreement. (B) All owner-installed optional equipment including, but not limited to: (1) Dishwashers; (2) Clothes washing machines and dryers; (3) Garbage grinders; (4) Sub-metering devices designed to measure the usage of water; (5) Air conditioners; (6) Microwave ovens; and (7) Range ventilation hoods. 105 CMR: DEPARTMENT OF PUBLIC HEALTH 410.235: continued (C) Following any maintenance or repair, the owner shall ensure that: (1) All debris has been properly disposed; (2) The area is clean; and (3) All surfaces exposed to moisture have been dried. 410.240 Occupant's Installation and Maintenance Responsibilities * Result: Fail Remarks: 410.240: Occupant's Installation and Maintenance Responsibilities (A) The occupant shall ensure proper installation in compliance with accepted standards and shall maintain free from leaks, obstructions and other defects, all occupant owned and installed equipment including, but not limited to: (1) Dishwashers; (2) Clothes washing machines and dryers; (3) Garbage grinders; (4) Air conditioners; (5) Microwave ovens; (6) Range ventilation hoods; (7) Electrical light fixtures; (8) Conventional cooktop and oven, if required to provide under written rental agreement; and (9) Refrigerator with freezer, if required to provide under written rental agreement. (B) Every occupant of a dwelling or rooming unit shall keep all facilities and appliances for which they have exclusive access in a sanitary condition and exercise reasonable care in their proper use and operation. Facilities and appliances include, but are not limited to: (1) Sinks; (2) Bathtubs and/or showers; (3) Toilets; (4) Conventional cooktop and oven; (5) Smoke detectors and carbon monoxide alarms; (6) Refrigerator with freezer; (7) Dishwashers; (8) Microwave Ovens; (9) Range ventilation hoods; (10) Garbage grinders; and (11) Air conditioners. 410.250 Asbestos-containing Material * Result: Pass 410.260 Means of Egress * Result: Pass 410.270 Locks * Result: Pass 410.300 Electrical Supply & Illumination * Result: Pass 410.310 Auxiliary Emergency Lighting Systems & Exit Signs For properties with 10 or more units Result: Not Observed 410.320 Electrical Service Temporary Wiring, Amperage Result: Fail Remarks: Kitchen light fixture exposed wiring 410.320: Electrical Service (A) Temporary Wiring. (1) No temporary wiring shall be used or made available for use by any owner or occupant. (2) No owner or occupant shall place wiring under a rug or other floor covering. (3) No wiring shall extend through a doorway or other opening in a structural element. (4) Extension cords which connect portable electric appliances or fixtures to outlets and which have an appropriate size rating for the electrical load shall not be considered temporary wiring. 105 CMR: DEPARTMENT OF PUBLIC HEALTH 410.320: continued (B) Amperage. The electrical service supplying each residence shall be of sufficient amperage to meet the reasonable needs of the occupants. (C) Exemption for Residences More than 600 Feet from Electrical Service. The provisions of 105 CMR 410.300, 105 CMR 410.310, and 105 CMR 410.320 regarding the furnishing of electrical facilities shall apply only if a source of electricity is available from power lines within 600 feet of the residence. 410.330 Smoke Detector and Carbon Monoxide Alarms * Result: Fail Remarks: 410.330: Smoke Detectors and Carbon Monoxide Alarms (A) The owner shall provide, install, and maintain in operable condition smoke detectors and carbon monoxide alarms in every residence that is required to be equipped with smoke detectors and carbon monoxide alarms in accordance with M.G.L. c. 148, §§ 26 C-F½ and 780 CMR: Massachusetts State Building Code, 527 CMR 1.00: Massachusetts Comprehensive Fire Safety Code, and 248 CMR 10.00: Uniform State Plumbing Code and in compliance with accepted standards. (B) The board of health shall immediately notify the chief of the local fire department of any violation of 105 CMR 410.330 which is observed during an inspection of any residence. (C) If any residence is found by the local fire department to be adequately equipped with smoke detectors and carbon monoxide alarms, the board of health shall not be authorized by 105 CMR 410.330 to impose any additional or differing smoke detector or carbon monoxide alarm requirement beyond that which has been found sufficient by the local fire department. 410.400 Owner/Manager Contact Information and Notice of Occupants' Legal Rights and Responsibilities Contact information and postings inside and outside of home Result: Pass 410.410 Building Identification * Result: Pass 410.420 Habitability Requirements Result: Pass 410.430 Natural Light and Obstructions * Result: Pass 410.470 Lead-based Paint Hazards in Residence * Result: Fail Remarks: - Flaking ceiling in bathroom and kitchen - Exterior trim has loose and flaking paint 410.470: Lead-based Paint Hazards in Residences All residences must be in compliance with the requirements of 105 CMR 460.000: Lead Poisoning Prevention and Control. 410.500 Owner Responsibility to Maintain Building & Structural Elements * Result: Fail Remarks: Exterior rotted trim and kickboard at rear door/ steps 410.500: Owner's Responsibility to Maintain Building and Structural Elements (A) Every owner of a residence shall maintain all buildings and structural elements in compliance with accepted standards so they are in good repair and in every way fit for the intended use, including: (1) Protected from wind, rain and snow, and are watertight, free from excess moisture or the appearance of mold, and pest resistant; and (2) Free from holes, cracks, loose plaster, or defects that render the area difficult to keep clean, create an injury risk, or provide an entry or harborage for pests. (B) In the event of leaks and flooding, the owner shall ensure all surfaces have been dried within 48 hours from the time they are notified or the end of the event, whichever is sooner. 410.510 Occupant 's Responsibility Regarding Building and Structural Elements * Result: Pass 410.520 Protective Railings and Walls * Result: Pass 410.530 Weather-tight elements * Result: Pass 410.540 Installation of Screens * Result: Pass 410.550 Elimination of Pests Owners & Occupants are responsible for the control & elimination of pests Result: Fail Remarks: Flies were observed inside of home 410.550: Elimination of Pests Owners and occupants are responsible for the control and elimination of pests as follows: (A) Residences containing one dwelling unit: (1) The occupant shall maintain the unit free from all pest infestation and shall be responsible for pest elimination. (2) The owner shall be responsible for pest elimination if they have not maintained structural or other building elements necessary to keep pests from entering. (B) The owner of a residence containing two or more dwelling units, including a homeless shelter or a rooming house, shall maintain it and its premises free from infestation and shall be responsible for pest elimination. 105 CMR: DEPARTMENT OF PUBLIC HEALTH 410.550: continued (C) Extermination shall be accomplished by: (1) Eliminating the harborage places of insects and rodents; (2) Removing or making inaccessible materials that may serve as food or breeding ground for pests; (3) Poisoning, spraying, fumigating, trapping pests; or (4) Any other recognized and legal pest elimination method. (D) All use of pesticides within the interior of a residence shall be in accordance with applicable laws and regulations pursuant to the Massachusetts Department of Agricultural Resources Pesticide Program, including those appearing at 333 CMR 13.00: Standards for Application. (1) Pesticide applicators or their employers must give at least 48 hours pre- notification to occupants of all residential units prior to any commercial application of pesticides for the control of indoor household or structural indoor pests. (2) Pre-notification shall be made in writing and contain the following information: (a) Name and phone number of the company making the application; (b) Proposed date of application; (c) Locations to be treated; and (d) Names, EPA Registration Numbers, and active ingredients for the pesticide products that may be used. (3) Owners and occupants shall: (a) Provide access to common areas, dwelling units, and rooming units, upon receipt of notice required by 105 CMR 410.550(D)(1) and (2); and (b) Adhere to all instructions provided by the pesticide applicator in preparing the common areas and units prior to the application of pesticides. (E) The occupant of a residence shall maintain their dwelling unit or rooming unit in a sanitary manner so as to prevent the attraction of pests. (F) The owner of a residence, except for a homeless shelter, shall conduct an inspection of each unit prior to a new occupancy to identify the presence of pests. Homeless shelters shall establish pest management policies that include periodic inspection for pest infestation as outlined in 105 CMR 410.550(G). (G) Owners shall make the documented inspection results and actions taken available upon request by the board of health. Documentation shall include: (1) Monitoring the presence of pests; (2) Eliminating entry points for pests; (3) Documenting results of the inspection; and (4) Documenting actions taken as a result of the inspection to include: (a) Repairs made; (b) Location of pesticides applied and by whom; and (c) Date and results of a follow-up inspection. 410.560 Refuse * Result: Pass 410.570 Maintenance of Areas in a Sanitary and Safe Condition * Result: Fail Remarks: Wood and other debris behind shed 410.570: Maintenance of Areas in a Sanitary and Safe Condition (A) Land. The owner of any parcel of land, vacant or otherwise, shall be responsible for maintaining such parcel of land in a clean, safe, and sanitary condition and free from: (1) Refuse; (2) Pests; (3) Potential injury hazards; (4) Conditions contributing to the accumulation of standing water; or (5) Any other condition which affects the health, safety, or well-being of the occupants of any residence or of the general public. 105 CMR: DEPARTMENT OF PUBLIC HEALTH 410.570: continued (B) Residences. The occupants of any residence shall be responsible for maintaining, in a sanitary condition and free of refuse or other filth or causes of sickness, that part of the residence which they exclusively occupy or control. (C) Common Areas. (1) In any residence, the owner shall be responsible for maintaining in a clean, sanitary, and safe condition free of refuse or other filth or causes of sickness, that part of the residence which is used in common by all the occupants of a residence and which is not occupied or controlled by one occupant exclusively. (2) For common stairways, the occupants shall be responsible for maintaining the landing, porch, or deck adjacent to their dwelling unit in a sanitary condition, free of obstructions, refuse, filth, causes of sickness, or potential injury hazard. (D) Private Passage or Right of Way. The owner of any residence abutting a private passageway or right-of-way owned or used in common with other residence(s) which the owner or the occupants have the right to use, or are in fact using, shall be responsible for maintaining the portion of the property they are using in a sanitary condition free of refuse, other filth or causes of sickness. 410.620 Conduct of Inspections The need for an additional inspection by a specialized inspector pursuant to 105 CMR 410.620(A) and the reason that such inspection is necessary Result: Pass 410.630 Conditions Deemed to Endanger or Materially Impair Health and Safety One or more of the violations cited on this report may materially impair the health or safety and/or well-being of any person(s) occupying the premises Result: Fail Remarks: 410.630: Conditions Deemed to Endanger or Materially Impair Health or Safety (A) The following conditions, when found to exist in a residence, shall always be deemed conditions which may endanger or materially impair the health, or safety and well-being of a person or persons occupying the premises: (1) Failure to provide and maintain a supply of water sufficient in quantity, pressure and temperature, both hot and cold, to meet the ordinary needs of the occupant, required by 105 CMR 410.130, 105 CMR 410.140 and 105 CMR 410.150, for a period of 24 hours or longer. (2) Failure to provide heat as required by 105 CMR 410.180 or improper venting or use of a space heater or water heater prohibited by 105 CMR 410.160(C) and 105 CMR 410.170. (3) Shutoff and/or failure to restore electricity, gas, or water. (4) Failure to provide the electrical facilities required by 105 CMR 410.300(A) through (E). (5) Failure to provide a safe supply of water required by 105 CMR 410.130(A). (6) Failure to provide a toilet, sink, shower or bathtub and maintain a sewage disposal system in operable condition required by 105 CMR 410.110(A) and (B), and 105 CMR 410.130(B). (7) Failure to provide and maintain as required by 105 CMR 410.100(A): (a) A kitchen sink of sufficient size and capacity for washing dishes and kitchen utensils. (b) If supplied by the owner, a conventional cooktop and oven, or a refrigerator with freezer. (8) Failure to provide and maintain adequate exits, or the obstruction of any exit, passageway or common area caused by any object, including refuse, which prevents egress in case of an emergency required by 105 CMR 410.260. (9) Failure to comply with the security requirements of 105 CMR 410.270(A). 105 CMR: DEPARTMENT OF PUBLIC HEALTH 410.630: continued (10) Failure to comply with any provisions of 105 CMR 410.560 and 105 CMR 410.570, which results in any accumulation of refuse, filth or other causes of sickness which may provide a food source or harborage for rodents, insects or other pests or otherwise contribute to accidents or to the creation or spread of disease. (11) The presence of lead based paint on a dwelling or dwelling unit in violation of 105 CMR 460.000: Lead Poisoning Prevention and Control. (See M.G.L. c. 111, §§ 190 through 199.) (12) Roof, foundation, or other structural defects in violation of 105 CMR 410.500 that may expose the occupant or anyone else to fire, burns, shock, accident or other dangers or impairment to health or safety. (13) Failure to install or maintain electrical, plumbing, heating and gas-burning facilities in compliance with accepted standards as defined in 105 CMR 410.010 for plumbing, heating, gasfitting and electrical wiring or failure to maintain such facilities required by 105 CMR 410.235 and 105 CMR 410.240, so as to expose the occupant or anyone else to fire, burns, shock, accident or other danger or impairment to health or safety. (14) Any defect in asbestos material used as insulation or covering on a pipe, boiler or furnace which may result in the release of asbestos dust or which may result in the release of powdered, crumbled or pulverized asbestos material in violation of 105 CMR 410.250. (15) Failure to provide a smoke detector or carbon monoxide alarm required by 105 CMR 410.330. (16) Failure to provide and maintain a railing or guard for every stairway, porch, balcony, roof or similar place with balusters spaced as required by 105 CMR 410.520. (17) Failure to maintain the premises free from pests required by 105 CMR 410.550(A) and (B). (18) Any other violation of 105 CMR 410.000 not enumerated in 105 CMR 410.630(A) shall be deemed to be a condition which may endanger or materially impair the health or safety and well-being of an occupant upon the failure of the owner to remedy said condition within the time so ordered by the board of health. (B) The inspector may determine that any condition that violates 105 CMR 410.100 through 105 CMR 410.570 is a condition that may endanger or impair the health, safety, or well-being of a person or persons occupying the premises. Conditions identified by the inspector as conditions deemed to endanger or impair the health, safety or well-being of a person shall be noted as such on the correction order and the inspection report. 780 CMR 111.5.1 Posting of Use & Occupancy STR Only Result: Not Observed 780 CMR 111.5.2 Required Egress posting STR Only Result: Not Observed 780 CMR Means of Egress STR Only Result: Not Observed 780 CMR R314 & R315 Smoke/CO/Heat STR Only Result: Not Observed This inspection report is signed and certified under the pains and penalties of perjury. Inspector's signature, date and time Result: Pass Remarks: Brian Coughlin 7/15/2025