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HomeMy WebLinkAbout64 Weir Rd Inspection ReportTown of Yarmouth, MA Inspection Report Inspection: Inspection Inspector: Brian Coughlin Inspection Date: Sep 10, 2025 Record: Rental Registration #BHR-25-800 Location: 64 WEIR RD UNIT 39B, YARMOUTH PORT, MA 02675 Applicant: Patxi Breton Rental Inspection Overall Result: Fail Overall Remarks: Met with longtime occupant of home for inspection. Inspection was requested by occupant with many complaints, including infestation of cockroaches. Home was found in an unsanitary condition and unorganized in all rooms with excessive items including food, boxes, a lawnmower, etc. Occupant had taken down smoke and carbon monoxide detectors and had stored them outside. Checklist: 1. Number of Bedrooms/Measurements Result: Pass Remarks: 2 2. Maximum Occupancy: Based on septic system capacity, number of bedrooms and bedroom square footage Result: Pass Remarks: 4 3. Basement Result: Not Observed Remarks: N/A 4. Electrical Panel Result: Not Observed 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: Pass 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: - Toilet needs to be repaired with new handle and hardware. - New stove needs to be installed. - Kitchen cabinets and shelving in need of repair. - Interior bedroom door missing. 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: - Smoke and Carbon Monoxide detectors taken down and left outside. - Carpet and flooring not clean and unsanitary. 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 Remarks: None observed 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: Pass 410.330 Smoke Detector and Carbon Monoxide Alarms * Result: Fail Remarks: Not installed / not in working order. 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: Fail Remarks: - No rental certificate displayed. - Owner's name address and number not posted. 410.400: Owner/Manager Contact Information and Notice of Occupants' Legal Rights and Responsibilities (A) Every owner of a residence who does not reside therein shall post signage, which contains the owner's name, street address and telephone number, and, if applicable: (1) The name, street address and telephone number of the president of the corporation; (2) The name, street address and a telephone number of the managing trustee or partner if the owner is a realty trust or partnership; or (3) The name, street address and telephone number of a property manager who does not reside in the building. (B) The telephone number of the owner or property manager shall be regularly monitored, but no less than once every 12 hours, unless the owner has provided occupants with an alternative contact person and phone number for periods of temporary absence. (C) Every owner of a residence shall provide to each occupant or post in a location specified in 105 CMR 410.400(D) a copy of the Notice of Occupants' Legal Rights and Responsibilities issued by the Department; (D) Postings required by 105 CMR 410.400 shall be on durable material not less than 20 square inches in size and placed at the residence adjacent to the mailboxes or within the interior of the residence in a location visible to the occupants. 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: Pass Remarks: None observed 410.500 Owner Responsibility to Maintain Building & Structural Elements * Result: Pass 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: Cockroaches and flies were observed in 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: Pass 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 9/4/2025 3:30 pm