28 Beckford Street Exhaust Complaint Letter 1-31-2023 rlNV 0RTANT MESSAGE
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RECEIVED
Rolf Franke-Often
FEB 01 2023
34 St.Anthony's Lane CITY OF SALEM
Gloucester, MA 01930 BOARD OF HEALTH
Phone: 978-281-2534
January 31, 2023
City of Salem Health Department
Salem City Hall
98 Washington Street
Salem, MA 01970
RE: Complaint against 28 Beckford Street, Salem, Massachusetts 01970, for violation of
Massachusetts Building Code, 780 CMR 51.00 Ventilation exhausts, Chapter R15
To the City of Salem Building Commissioner, City of Salem Health Department and
Salem City Solicitor:
Please accept this formal complaint regarding the exhaust vent at the residential
property located at 28 Beckford Street, which abuts our property at 30 Beckford Street,
Salem, MA 01970.
This complaint regards the active domestic cooking exhaust vent from 28 Beckford
Street that is placed on the back side of that house and terminates directly over my
property line into my land. The vent evacuates noxious fumes and unpleasant odors,
polluting the air in my yard next to the patio and making that part of my property, when
the fan and vent are in use, unusable. The fumes, odors and other particles also
constitute a health hazard and nuisance and inflicts discomfort, aggravation, and the
inability to use the yard and prevents the opening the windows at my house.
The vent placed right over my property line is in violation of the Massachusetts Building
Code, Chapter R15 780 CMR 51.00 Ventilation exhausts, (2015 IRC, Chapter 15-
Exhaust Systems, M1506.3, page 487)to wit:
"M1506.3 Exhaust openings.Air exhaust openings shall terminate as follows:
Not less than 3 feet(914 mm)from property lines."
Source: IRC 2015, page 487
(https://www.mass.gov/regulations/780-CMR-ninth-edition-residential-chapter-15-
exhaust-systems, 780 CMR ninth edition, pg. 247-248, 10/2017)
According to the Salem Zoning Ordinance, the purpose of the ZBA is promoting the
health, safety, convenience, morals or welfare of the inhabitants of Salem, and to
preserve health; to secure safety from fire, panic and other dangers; to provide
adequate light and air.
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The fumes, odors, particles, from the exhaust which meet the definition of the Board of
Health as contaminants/air pollutants are health hazards.
Due to these violations, and the very clear health hazard, nuisance and discomfort due
to the fumes and odors, I request immediate removal of the exhaust that terminates into
my property.
Please see the supporting documentation below pertaining to this complaint.
Sincerely,
R69f Franke Otten
cc: City of Salem Building Commissioner
City Solicitor, City of Salem
Notes:
Massachusetts Building Code, 780 CMR 51.00 Ventilation exhausts, Chapter R15
applies Based on no amendments to 2015 International Residential Code, IRC, section
M 1506.3)
CHAPTER 15 - EXHAUST SYSTEMS
NO AMENDMENTS
The ninth edition building code became first effective on October 20,2017 and,with a shortened
concurrency period,the new code came into full force and effect on January 1,2018.
The new, ninth edition code is based on modified versions of the following 2015
International Codes as published by the International Code.Council(ICC).
+ The International Building Code(IBC:);
• International Residential Code(IRC);
+ International Existing Building Code(IEBC);
• International Mechanical Code(IMC);
• International Energy Conservation Code(IECC);
• International Swimming Pool and Spa Code(ISPSC);
• Portions of the International Fire Code(IFC).
Chapter 1S: F-GiAUST SYSTEMS{no asnentlmMte)
Chapter 16: DUCT SYSTEMS
M1601.3 Replace the section as follows:
M16013 Duet Insulation Materials. Duct insulation shall conform to the following
requirements and the requirements of Chapter I I of 780 CMR 51.00.
M1601.4 Replace the section as follows:
M1601.4 Installation. Duct installation shall comply with Subsections Ml601.4.1 through
Ml601.4.7 and the requirements of Chapter 11 of 780 CMR 51.M.
10/20/17 780 CMR-Ninth Edition-248
■ ----`-• system it tied k)g mate inte,miltruily where the
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mimic not less than 3 feet t414 mm)fmtn property lines.3 system sac eint of aruk that mask nfxt umn f h Weer kss
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•The first time I attempted to file a complaint for the same issue was on December 6,
2022, when I handed it directly to the City of Salem's Building Commissioner Thomas
St. Pierre. ME St. Pierre took the written the complaint. He commented that the exhaust
vent I was complaining about is grandfathered and he cited the STATUTE OF
LIMITATIONS - M.G.L. c. 40A, §7, stating the complaint had no grounds in his opinion.
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The Statute of Limitations M.G.L. c. 40A, §7 refers to constructions, buildings, lots and
usages, therefore is not applicable to this complaint for the exhaust. The exhaust is
regulated by the Building Code of Massachusetts, which is based on the IRC.
- SECTION 1.0 - PURPOSE AND AUTHORITY
1.1 - PURPOSE
For the purpose of promoting the health, safety, convenience, morals or welfare of the
inhabitants of Salem, the zoning regulations and restrictions of this ordinance, ordained
in accord with the provisions of Chapter 40A of the General Laws and, in the case of
signs, ordained in addition in accord with the provisions of Section 29 of Chapter 93 of
the General Laws, are designed among other purposes to lessen congestion in the
streets; to preserve health; to secure safety from fire, panic and other dangers; to
provide adequate light and air;
CITY OF SALEM BOARD OF HEALTH, Regulation#10, Control of Atmospheric
Pollution
(Source: Zoning Board of Appeal, ZBA City of Salem https://Iibrary.municode.com/ma/
salem/codes/zoning_ordinance?nodeld=S1.OPUAU)
Article 1. Definitions
Section 1.2 AIR CONTAMINANT includes but is not limited to dust, fly ash, fume, gas,
mist, odor, smoke vapor, pollen microorganism, radioactive material, ionizing radiation,
any combination thereof, or any decay or reaction product thereof.
Section 1.3 AIR CONTAMINATION SOURCE means any source at, from, or by reason
of which any air contaminant is emitted directly or indirectly into the ambient air space.
Section 1.4 ATMOSPHERIC POLLUTION means the presence in the ambient air space
of one or more air contaminants or combination thereof in such quantities and of such
duration as to
a. cause a nuisance;
b. be injurious or be, on the basis of current information, potentially injurious to human
or animal life, to vegetation, or to property; or
c. unreasonably interfere with the comfortable enjoyment of life and property or the
conduct of business.
Section 1.16 ODOR means that property of gaseous, liquid, or solid materials that elicits
a physiologic response by the human sense of smell.
Article 2. General Prohibition of Emissions
No person or persons owning, leasing, or controlling the operation of any air
contamination sources shall willfully, negligently, or through failure to provide necessary
equipment or facilities or to take necessary precautions, permit the emission from said
air contamination source or sources of such.
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CITY OF SALEM BOARD OF HEALTH
Regulation#10
Control of Atmospheric Pollution
The board of Health of the City of Salem is acting under the authority of Section 31 C of Chapter 111
of the General Laws of the Commonwealth of Massachusetts and every other act thereto enabling,
hereby prescribes and establishes the following Regulations for the control of Atmospheric Pollution,
which shall replace the existing regulation#10 entitled "buffing Dust, etc." in its entirety, and shall
remain in force until further ordered, and which may be amended or added to hereafter from time to
time.
Article 1. Definitions
When used in these regulations or in communications, notices, or orders relative thereto, the following
words and phrases shall have the meanings ascribed to them below:
Section 1.1 AEROSOL means a system of solid or liquid particles dispersed in a gas.
Section 1.2 AIR CONTAMINANT includes but is not limited to dust, fly ash, fume, gas, mist, odor,
smoke vapor,pollen microorganism, radioactive material, ionizing radiation, any combination thereof,
or any decay or reaction product thereof.
Section 1.3 AIR CONTAMINATION SOURCE means any source at, from, or by reason of which
any air contaminant is emitted directly or indirectly into the ambient air space.
Section 1.4 ATMOSPHERIC POLLUTION means the presence in the ambient air space of one or
more air contaminants or combination thereof in such quantities and of such duration as to
a. cause a nuisance;
b. be injurious or be, on the basis of current information, potentially injurious to human or animal life,
to vegetation, or to property; or
c. unreasonably interfere with the comfortable enjoyment of life and property or the conduct of
business.
Section 1.5 AMBIENT AIR SPACE means the unconfirmed space occupied by the atmosphere
above the geographical area of Salem.
Section 1.6 CHART means the Ringelmann's Scale for grading the density of smoke, as published by
the United States Bureau of Mines, and as referred to in the Bureau of Mines Information Circular No.
6888 or superseding publication, or any smoke inspection guide complying with the design and test
specification of, and used in accordance with, the provisions of Title 42, Chapter 1, Subchapter F, Part
75 of the Federal Register, or the "smokescope" as manufactured by the Mine Safety Appliance
Company, Pittsburgh, Pennsylvania, U.S.A.
Section 1.7 DUST means finely divided solid matter formed, usually, from larger masses by
mechanical attrition or other applied energy.
Section 1.8 EMISSION means a discharge or release to the ambient air space of any air contaminant.
Section 1.9 FLY ASH means the aerosolized solid component of burned or partially burned fuels.
"Soot" and "cinders" are included within the meaning of the term "fly ash", and"fuels" means all
materials which can undergo combustion.
Section 1.10 FUME means a solid or liquid aerosol resulting from chemical reaction or from the
condensation of vapors produced during combustion, distillation, or sublimation.
Section 1.12 HAND-FIRED FURNACE means any furnace in which fresh fuel is manually thrown
or placed directly on the hot fuel bed, but does not mean stoves or other equipment used for the
cooking of food, or fireplaces.
Section 1.13 INCINERATOR means any article, machine, equipment, contrivance, structure or part
of a structure used primarily to dispose of combustible wastes by burning.
Section 1.14 IONIZING RADIATION means any electromagnetic or particulate radiation capable of
producing ions, directly or indirectly, in its passage through matter.
Section 1.15 MIST means a liquid aerosol formed by the condensation of liquid vapor or formed by
the atomization of liquids.
Section 1.16 ODOR means that property of gaseous, liquid, or solid materials that elicits a physiologic
response by the human sense of smell.
Section 1.17 OPEN BURNING means burning under such conditions that the products of combustion
are emitted directly into the ambient air space, and are not conducted thereto through a stack, chimney,
duct or pipe. Open Burning includes underground and smoldering(underground) fires.
Section 1.18 PERSON means an individual,partnership, association, firm, syndicate, company, trust,
corporation, department,bureau, agency,political subdivision, or any other entity recognized by law
as the subject of rights and duties.
Section 1.19 POLLEN means the fertilizing element of vegetation.
Section 1.20 REDIOACTIVE MATERIAL means any material (solid, liquid, or gaseous)which
spontaneously emits ionizing radiation.
Section 1.21 RUBBISH means all solid waste other than garbage, such as paper, rags, metal and
cardboard containers, street sweeping and other solid commercial and domestic wastes.
Section 1.22 SMOKE means a visible aerosol, usually carbonaceous, resulting from incomplete
combustion.
Section 1.23 VAPOR means the gaseous state of certain substances that con exist in equilibrium with
their solid or liquid states under standard conditions.
ARTICLE 2. GENERAL PROHIBITION OF EMISSIONS.
No person or persons owning, leasing, or controlling the operation of any air contamination sources
shall willfully, negligently, or through failure to provide necessary equipment or facilities or to take
necessary precautions, permit the emission from said air contamination source or sources of such
ARTICLE 7. Severability
Each of these regulations shall be construed as separate to the end that if any regulation or section,
sentence, clause, or phrase thereof shall be held invalid for any reason,.the remainder of that regulation
and all other regulations shall continue in full force.
quantities of air contaminants which will cause,by themselves or in conjunction with other air
contaminants, a condition of atmospheric pollution.
ARTICLE 3. OPEN BURNING
Section 3.1 No person shall cause, suffer, allow or permit open burning, except as provided below.
Section 3.2 Regulation 3.1 shall not apply to open burning for cooking purposes, to the operation of
devices using an open flame such as tar kettles,blow torches, welding torches,portable heaters, and
other flame-making devices, nor to the setting and maintenance,by contractors and tradesmen, of
miscellaneous small fires necessary in such activities as street paving work or installation or repair of
sewer, water, telephone, electric, or gas mains and services.
Section 3.3 Trees, stumps, brush, logs, or waste lumber may be burned in the open by any person,
provided, such person has obtained from the Chief of the Fire Department a properly executed permit
therefore, and provided further that such permit has been approved by the Board of Health.
ARTICLE 4. INCINERATORS
No person shall dispose of rubbish, garbage, or other trash or refuse by burning in any incinerator not
approved for such purposes by the Board of Health.
ARTICLE 5. FUELS
Section 5.1 On and after July 1, 1963, the only solid fuels to be used or consumed in any hand-fired
furnace,by any person, except as provided below, shall be coke, anthracite coal, or bituminous coal
having a volatile matter content of not greater than twenty-three per cent(23.0%)by weight on a dry
basis.
a. The use of wood and/or paper during the building of a new fire shall be permitted.
b. Other solid fuels may be used or consumed in hand-fired furnaces provided the prior written
approval of the Board of Health is obtained and provided that the use thereof does not result in
violation of any other provision of these regulations.
Section 5.2 On and after July 1, 1963, any person selling bituminous coal as defined by the U.S.
Bureau of Mines for use or consumption in Salem shall certify in writing to the buyer the volatile
matter content of said coal.
Section 5.3 The sampling and analysis of fuels shall be in accordance with the most recent applicable
method or methods published by the American society of Testing Materials.
ARTICLE 6. EMISSION OF SMOKE
No person shall cause, suffer, allow, or permit the emission from any air contamination source of
smoke the shade, density, or appearance of which is
a. equal to or greater than No. 3 of the Chart, or
b. equal to or greater than No. 2 of the Chart for a period or aggregate periods of time greater than six
minutes in any one hour.