124-126 DERBY STREET - BUILDING JACKET k 124,126 DERBY STREET
a
'imus
CITY OF SALEM - MASSACHUSETTS
WILLIAM J.LUNDREGAN Legal Department JOHN D.KEENAN
City Solicitor Assistant City Solicitor
81 Washington Street 93 Washington Street 80 Washington Street
Tel:978-741-3888 Salem, Massachusetts 01970 Tel:978-741-4453
Fax:978-741-8110 Fax:978-740-0072
August 10, 1999
Peter Strout, Bldg. Insp.
One Salem Green
Salem, Massachusetts 01970
RE: Vending Machines
Dear Pete:
Regarding the infamous vending machines o Derby Street, I have tracked down
some regulations that may apply. In fact, Health Agent Joanne Scott informed
me that such machines are licensed by the Department of Public Health, Division
of Food and Drugs. The regulations are found at 105 Code Mass Regulations
595.000 et seq. I have enclosed a copy.
Joanne also provided a contact at Department of Public Health, Richard
Waskiewicz (617-983-6759). Perhaps they could set up an inspection with your
office showing them the site. I would be very surprised if Mr. Sholds has the
appropriate licensing from the state. Otherwise, we could resort to the
temporary construction fence discussed.
Thank you for your attention to this matter.
V ruly yours,
J D. KEENAN,
A S ANT CITY SOLICITOR
Id jm.zoning
ENC.
` 105 CMR: DEPARTMENT OF PUBLIC HEALTH
105 CMR 595.000: LICENSURE OF VENDING MACHINE OPERATORS
Section
595.001: General Provisions
595.002: Food Supplies
595.003: Food Protection
595.004: Food Storage
595.005: Employee Health
595.006: Cleanliness of Personnel -
595.007: Equipment and Utensils: Interior Construction and Maintenance
595.008: Equipment and Utensils: Exterior Construction and Maintenance
595.009: Equipment Location
595.010: Special Requirements
595.011: Food Transportation
595.012: Water Supply
595.013: Waste Disposal
595.014: Controlled Location Vending Machines.
595.021: License
595.022: License: Application
595.023: License: Issuance, Inspection, Fees
595.024: License: Display of Operator's License Number
595.025: Operator's List of Vending Machines, Locations, and Preparation Areas
595.026: Inspection of Vending Machines, Premises, and Preparation Areas
595.027: Inspection: Reports and Orders
595.028: License: Suspension or Revocation
595.029: Service of Orders of Suspension or Revocation
595.030: Hearings
595.031: Reinstatement of License
595.032: Food Service,Retail Food,and Food Processing Establishments Outside the Commonwealth
Serving Vending Machines Within the Commonwealth
595.033: Examination and Embargo of Food
595.034: Procedure when Infection is Suspected
595.035: Penalties
595.036: Injunctions
595.001: General Provision
(A) Purpose: 105 CMR 595.000 shall be liberally construed and applied to promote the
underlying purpose of protecting the public health.
(B) Definitions. As used in 105 CMR 595.000, the following terms shall have the
following meanings:
Adulterated food means the definition in M.G.L. c. 94, § 186.
Bulk food means a food which when dispensed to the consumer is not packaged, wrapped
or otherwise enclosed.
Commissioner means the Commissioner of Public Health. -
Condiment means any food such as salt, pepper, mustard, relish or ketchup that is used to
enhance the flavor of other food. -
Controlled location means a location which:
(1) is indoors: and
(2) is not open to the general public: and
(3) provides reasonable protection against environmental contamination.
4/1/94 - -
105 CMR: DEPARTMENT OF PUBLIC HEALTH
595.001: continued -
Controlled location vending machine means a vendingmachine which:
(1) dispenses only food which:
(a) is not potentially hazardous food; and
(b) is bulk food; and
` - (c) is in liquid form; and
(2) is of such design that it can be filled and maintained in a sanitary manner by
untrained persons at the location. -
Corrosion-resistant materials means those materials that are capable of maintaining their
original surface characteristics under prolonged influence of the use environment, including
the expected food contact and the normal use of cleaning compounds and sanitizing
(bactericidal) solutions.
Division means the Division of Food and Drugs of the Massachusetts Department of Public
Health.
Easily cleanable means that surfaces are readily accessible and made of such materials and
finish and so fabricated that residue may be effectively removed by normal cleansing
methods.
Employee means the license holder,an individual having supervisory or management duties,
or any other person working in a food processing;food service,or retail food establishment
or vending operation.
ui ment means vending machines, ovens, tables,counters, sinks, and similar items other
than utensils used in a vending operation.
Food means all articles, whether simple, mixed or compound, used for food or drink,
confectionery or condiment, by man or animal.
Food-contact surfaces means those surfaces of equipment and utensils with which food
normally comes in contact, and those surfaces from which food may drain, drip, or splash
back into the food or onto surfaces nomtally in contact with food.
Food processing establishment means an establishment in which food is processed or
otherwise prepared and packaged for human consumption. This term does not include food
service establishments or retail food establishments.
Food service establishment means any place'where food is prepared and intended for
individual portion service, and includes the site at which individual portions are provided.
The team includes any such place regardless of whether consumption is on or off the premises
and regardless of whether there is a charge for the food. The term includes caterers and
delicatessens that offer prepared food in individual service portions. The term does not
include private homes where food is prepared or served for individual family consumption,
retail food establishments or supply vehicles. .
Hermetically sealed container means a container designed and intended to be secure against
the entry of microorganisms and to maintain the commercial sterility of its contents after
processing.
Law means applicable federal, state and local statutes, ordinances, and regulations.
License means the document issued by the Commissioner which authorizes a person to
conduct a vending machine operation.
Machine location means the room, enclosure, space, or arca where one or more vending
machines are installed and operated.
Misbranded food means the definition in M.G.L. c. 94, § 187.
4j1N4 105 CMR - 3652
105 CMR: DEPARTMENT OF PUBLIC HEALTH
595.001: continued
Operator means any person who by contract, agreement or ownership is responsible for
furnishing, installing, servicing, operating, or maintaining one or more vending machines.
Packaged means bottled, canned, cartoned, or securely wrapped.
Person means any individual, partnership, corporation, association, or other legal entity.
Potable water means water from any source or supplier approved for human consumption by
the Massachusetts Department of Environmental Quality Engineering or the Massachusetts
Department of Public Health.
Potentially hazardous food means any food that consists in whole or in part of milk or milk
products,eggs,meat,poultry,fish,shellfish,edible crustacea,or other ingredients,including
synthetic ingredients, and which is in a form capable of supporting rapid and progressive
growth of infectious or toxigenic microorganisms. The term does not include: raw; clean,
whole, untracked,odor-free.shell eggs;foods that have a pH level of 4.6 or below or a water
activity (aµ,) value of 0.85 or less under.standard conditions; food products in hermetically:
sealed containers processed to prevent spoilage; or dehydrated,dry or powdered products so
low in moisture content as to preclude development of microorganisms.
Preparation area means the food service, retail food, or food processing establishment in
which food,containers or supplies are kept,handled,prepared,packaged or stored for use in
vending machines. The term shall not apply to an area or conveyance at a vending machine
location used for the temporary storage of packaged food or beverages.
Retail food establishment means any establishment or section of an establishment where food
and food products are offered to the consumer and intended for off-premises consumption.
The term includes delicatessens that offer prepared food in bulk quantities only. The term
does not include roadside markets that offer only fruit and vegetables for sale,food service
establishments, bakeries,or vending machines.
Safe materials means articles manufactured from or composed of materials that may not
reasonably be expected to result, directly or indirectly, in their becoming a component or
otherwise affecting the characteristics of any food. If materials used are food additives or
color additives-as defined in the Federal Food,Drug,and Cosmetic Act,as from time to time
amended, they are "safe' only if they are used in conformity with regulations:established .
Pursuant to that Act Other materials are 'safe" only if,as used;they are not food additives
or color additives as defied in the Federal Food, Drug, and Cosmetic Act and are used in
conformity with all applicable regulations of the U.S. Food and Drug Administration,or any
successor.agency.
Safe temperatures as applied to potentially hazardous food, means temperatures of 45°F
MQ or below and 140°F(60°C)or above. Sanitizing means effective bactericidal treatment
by a process that provides enough accumulative heat or concentration of chemicals for
enough time to reduce the bacterial count,including pathogens,to a safe level on utensils and
equipment
Sanitizing means effective bactericidal treatment by a process that provides enough
accumulative heat or concentration of chemicals for enough time.to reduce the bacterial
count, including pathogens, to a safe level on utensils and equipment. -
Sealed means free of cracks or other openings that permit the entry or passage of moisture.
Single-service articles means cups, containers, lids, closures, plates, knives, forks, spoons,
stirrers,paddles,straws,napkins,wrapping materials,toothpicks and similar articles intended
to be used one time by one person and then discarded.
4/1/94
Inc cn ro eco.
105 CMR: DEPARTMENT OF PUBLIC HEALTH
595.001: continued -
Utensil means.anyimplement:used in the storage, preparation, transportation, or service of / . -
food. . 4
Vending machine means any self-service device which, upon insertion of a coin, paper
currency,.token, card or key, dispenses unit servings of food, either in bulk or in packages,
without the necessity of replenishing the device between each vending function. It shall also
include self-service dispensers equipped for coin,paper currency,token,card or key operation
and optional manual operation. Unless otherwise stated,vending machine includes controlled
location vending machines. .
Vending operation means all functions, including food preparation,packaging, storage and
transportation,and vending machine loading and servicing activities,performed by a vending
machine operator and all areas,including food preparation and storage areas,vehicle loading
and cleaning areas,and machine locations,used by a vending machine operator in the normal
course of carrying on a vending machine business.
595.002: Food Supplies
(A) Food shall be in sound condition and free from spoilage,filth.or other contamination
and shall be safe for human consumption. Food shall be obtained from sources that comply
with all laws relating to food and food labeling. Food in hermetically sealed containers used
in vending machines shall have been prepared in a licensed or registered food processing
establishment if licensure or registration is required.
(13) whenever notice to consumers of the use of a food ingredient,additive or preservative
by a food establishment is required by the Department of Public Health to render the food
safe for human consumption,asign shall be prominently displayed at each machine location
indicating the products containing such ingredient, additive or preservative. The Division
shall maintain a list of all ingredients, additives and preservatives for which notice to
consumers is requited.
595.003: Food Protection
(A) At all times,including while being prepared,stored,loaded,displayed,or transported,
food intended for sale through Vending machines .shall be protected from potential
contamination by all agents,including dust,insects,rodents,unclean equipment and utensils,
unnecessary handling, coughs and sneezes, flooding, drainage, and overhead leakage or
condensation. The temperature of potentially hazardous food shall be 450F(70C) or below
or 1400E (60*Q or above at all tunes, except as otherwise provided in 105 CMR
595.003(B)(7).
(B) (1) Milk and fluid milk products offered for sale through vending machines shall be
pasteurized, shall comply with applicable law, and shall be dispensed only in individual
original containers.
(2) Milk and fluid milk products and fluid non-dairy products (creaming agents) shall
not be dispensed in vending machines as additional ingredients in hot liquid beverages
or other foods.
(3) When condiments are provided in conjunction with food dispensed by a vending
machine: they shall be:
(a) packaged in individual portions in single-service containers; or
(b) dispensed from a sanitar, dispenser or from self-service dispensing equipment
- which is cleaned,rinsed,sanitized and filled at the preparation area or at the machine
location if adequate cleaning facilities are provided.
(4) Fresh fruits which may be eaten without paling shall be thoroughly washed in
potable water at the food processing establishment or at the preparation area before being
placed in a vending machine for dispensing. The washed fruit shall be protected from .
contamination after the washin- process.
(5) All food, other than fres: :ruit, shall be stored or packaged in clean protective
containers, and all food shall be handled and vended in a sanitary manner.
4/1/94 105 CMR- 3654
105 CMR: DEPARTMENT OF PUBLIC HEALTH
595.003: continued
(6) Potentially hazardous food offered for sale through vending machines shall be
dispensed to the consumer in the individual, original container or package into which it
' was placed at the preparation area or at the manufacturer's or processors plant.
Potentially hazardous food shall not be dispensed as bulk food.
(7) Potentially hazardous food shall be maintained at safe temperatures except as
follows:
(a) during necessary periods of preparation and packaging; and
(b) during the actual time required to load or otherwise service the vending machine
and for a maximum machine ambient temperature recovery period of 30 minutes
following completion of the loading or servicing operation.
(8) Vending machines dispensing potentially hazardous food shall be provided with
adequate refrigerating or heating units and thermostatic controls which insure the
maintenance of safe temperatures at all times. Such vending machines shall also have
automatic controls which prevent the machine from vending potentially hazardous food
until serviced by the operator in the event of power failure, mechanical failure or.other
condition which results in noncompliance with temperature requirements in the food
storage compartment
(a) Potentially hazardous food that has failed to conform to the time and,temperature
holding requirements of 105 CMR 595.000 shall be removed from the vending
machine, and shall be denatured or otherwise rendered unusable for human
consumption. .
(b), Vending machines dispensing potentially hazardous food shall be provided with
one or more thermometers accurate to ±3°F Ll°C): The sensing element shall be
located to measure the air temperature of the warmest part of the refrigerated food
storage compartment, or the coldest part of the heated food storage compartment,
whichever is applicable.
(C) Vending machines dispensing potentially hazardous food products shall not also
dispense nonfood products, and vending machines dispensing food products shall not.also
dispense toxic materials.
595.004: Food Storage
(A) General,
(1) Containers of food shall be stored a minimum of six inches (152 mm) above the
floor or stored on dollies, skids,racks, or open-ended pallets, provided such equipment
is easily movable either by hand or with the use of pallet-moving equipment that is on
the premises and used. Such storage areas shall be kept clean. Cased food packaged in
cans,glass, or other waterproof containers need not be elevated when the case of food is
not exposed to floor moisture, the storage area is kept clean, and such storage will not
interfere with effective insect and rodent control. Notwithstanding the foregoing,plastic
cases containing beverages in waterproof containers placed in coolers or cold rooms may
contact floor moisture.
(2) Food and containers of food shall not be stored under exposed or unprotected sewer
lines, or water lines that are leaking or on which condensed water has accumulated.
(3) Packaged foods shall not be stored in contact with water or undrained ice.
(4) Toilet rooms and their vestibules, garbage rooms or mechanical rooms shall not be
used for the storage of food.
(B) Refrigerated/Frozen Storage.
(1) Refrigeration units or effectively insulated units shall be provided in such number
and of such capacity to insure the maintenance of potentially haurdous food at safe
temperatures during storage. Each mechanically refrigerated unit storing potentially
hazardous food shall be provided with a numerically scaled indicating thermometer
accurate to ±3°F t.10C). The sensing element shall be located to measure the air
temperature in the unit at a location that is representative of the au temperature in the
unit. The thermometer scale shall be located to be easily readable. Recording
thermometers, accurate to±30F(+I°C) may be used in lieu of indicating thermometers. `
4/1/94
tns r�Mt: - •trs�
105 CMR: DEPARTMENT OF PUBLIC HEALTH
595.004: continued
(2) Potentially hazardous frozen foods shall be kept frozen and shall be stored at an air
temperature of 0°F(-18°C)or below except for defrost cycles and brief periods of loading
or unloading.
(3) Ice used as a cooling medium for food storage shall not be used or sold for human
consumption.
595.005: .Employee Health
No employee, while infected with a disease in a communicable font that can be
transmitted by foods, or who is a carrier of organisms that cause such a disease or while
affected with a boil, infected wound,or acute respiratory infection, shall work in a vending
machine operation in any capacity in which there is a likelihood of such person contaminating
food or food-contact surfaces with pathogenic organisms or transmitting disease to other
persons. See 105 CMR 595.034 for procedure when infection is suspected.
595.006: Cleanliness of Personnel
(A) Employees shall maintain a high degree of personal cleanliness and shall conform to
good hygienic practices while engaged in handling foods of food-contact surfaces.
(B) Employees shall thoroughly wash their hands with soap and warm water immediately
prior to engaging in any vending machine servicing operation which may bring them into
contact with food or food-contact surfaces. While engaged in such servicing operations,
employees shall wear clean outer garments,shall not use tobacco in any form and shall keep
their fingernails clean and trimmed.
595.007: Equipment and Utensils: Interior Construction and Maintenance
(A) Desi¢n and Construction.
(1) The nonfood-contact surfaces of the interior of vending machines shall be designed
and constructed to permit easy cleaning and to facilitate maintenance operations and shall
be kept clean and in good repair. Inaccessible surfaces and areas shall be minimized.
(2) All food-contact surfaces of vending machines shall be smooth,in good repair,and
free of b oaks, corrosion, open seams, cracks, and chipped places. The design of such
surfaces shall preclude routine contact between food and "V" type threaded surfaces,
except that in equipment where such contact is unavoidable, such as ice makers, such
threads shall be minimized. All joints and welds in food-contact surfaces shall be smooth,, .
and all internal angles and comers of such surfaces shall be rounded to facilitate cleaning.
(3) If solder or other scaler is used on food-contact surfaces, it shall be composed of
safe materials and be corrosion-resistant
(4) All food-contact surfaces of vending machines,including containers,pipes,valves,
and fittings, shall be constructed and repaired with safe materials, including finishing
materials; and shall be corrosion-resistant, nonabsorbent, easily cleanable and durable
under conditions of normal use.
(5) The openings into all nonpressurized containers used for the storage of vendible
food, including water, shall be provided with covers which prevent contamination from
reaching the interior of the containers. Such covers shall be designed to provide a flange
which overlaps the opening, and shall be sloped to provide drainage from the cover
wherever the collection of condensation,moisture,or splash is possible. Concave covers
are prohibited. Any port opening through the cover shall be flanged upward at least 3/16
inch,and shall be provided with an overlapping cover flanged downward. Condensation,
drip,or dust deflecting aprons shall be provided on all piping,thermometers,equipment,
rotary shafts, and other functional parts extending into the food container unless a
water-tight joint is provided. Such aprons shall be considered as satisfactory covers for
those c.;cnings which are in continuous use. Gaskets,if used, shall be of safe materials,
as stabie and nonabsorbent as practicable, and shall have a smooth surface. All gasket
retaining grooves shall be easily cleanable.
4/1/94 105 CMR - 3656
105 CMR: DEPARTMENT OF PUBLIC HEALTH
595.007: continued
(6) The delivery tube or chute and orifice of all bulk food vending machines shall be
protected from normal manual contact, dust, insects, rodents, and other contamination.
ure
The design shall divert condensation or moistfrom the normal filling position of the
container receiving the food. The vending stage of such machines shall be provided with
a tight-fitting, self-closing door or cover which is kept closed except when food is being
removed. Controlled location vending machines are exempt from the requirement for
such a door or cover as provided in 105 CMR 595.014(B)(1).
(7) The dispensing compartment of prepackagedcandy and similar product vending
,machines shall be equipped with a self-closing lid at machine locations where insect or
rodent entry into the machine may occur. - -
(8) The food storage compartment and other compartments in refrigerated vending
machines which are subject to condensation or cooling water retention shall be
self-draining or equipped with a drain outlet which permits complete draining. In vending
machines designed to store cartoned beverages, diversion devices and retention pans or
drains for leakage shall be provided. All such drains, devices, and retention pans shall
be easily cleanable.
(9) Can and bottle openers which come into contact with the food or the food-contact
surfaces of the containers shall be constructed of corrosion=resistant, nonabsorbent, and
safe materials and shall be kept clean. Cutting or piercing parrs of multiuse openers
which come into contact with food or food-contact surfaces of containers shall be
reasonably protected from manual contact,dust,insects,rodents,and other contamination;
and such pans shall be readily removable for cleaning. —
(10) All interior light bulbs shall be shielded,coated or otherwise shatter-resistant
(B) Cleanine and Sanitizing'
(1) All food-contact surfaces,unless designed for in-place cleaning,shall be accessible
for manual cleaning, rinsing,sanitizing and inspection:
(a) without being disassembled; or
(b) by disassembling without the use of tools; or
(c) by easy disassembling with the use of only simple tools such as a screwdriver
or an open-end wrench.
(2) All food-contact surfaces shall be cleaned,rinsed and sanitized prior to restocking,
when soiled, and at a frequency based on the type of food being dispensed and the
amount of food particle accumulation. Food-contact surfaces shall be cleaned and
sanitized immediately if contamination is observed or suspected.
(3) All food-contact parts or surfaces not designed for in-place cleaning shall be cleaned,
rinsed and sanitized in clean, portable containers or in utensil washing sinks at the
machine location or at the preparation area. Cleaning shall consist of washing in warm
water containing a suitable detergent and brushing or wiping, as appropriate. Rinsing
shall consist of immersion or wiping with clean clear rinse water. Rinsing is not required
after cleaning when a.quatetnary ammonium compound is used for cleaning and
sanitizing. Sanitizing shall be accomplished by:
(a) immersion for at least'i minute in clean, hot water at a temperature of at least
170°F (77°C); or
(b) immersion for at least one minute in a clean solution containing at least 50 parts
per million of available chlorine as a hypochlorite and having a temperature of at least
75°F(24°C); or
(c) immersion for at least one minute in a clean solution containing at least 12.5
parts per million of available iodine, having a pH range which the manufacturer has
demonstrated to be effective and at a temperature of a least 75°F(24°C); or
(d) immersion for at least one minute in a clean solution of a quaternary ammonium
compound used according to the manufacturer's directions, but at a concentration of
no more than 400 parts per million,and having a temperature of at least 75°F(240C);
or
(e) immersion in a clean solution containing any other chemical sanitizing agent
allowed under 21 CFR 178.1010;"Sanitizing solutions"(or any successor regulation),
that will provide the equivalent bactericidal effect of a solution containing at least 50
parts per million of available chlorine as a hypochlorite at a temperature of at least
75°F(24°C) for one minute; or
411194 Inc r�ro oac�
105 CMR: DEPARTMF- -OF PUBLIC HEALTH
595.007: continued -
(f) rinsing, spraying, or swabbing with a chemical sanitizing solution of at least
twice the strength required for that particular sanitizing solution under 105 CMR
595.007(B)(3)(b), (c) or (e) in the case of equipment too large to be sanitized by
immersion; or
(g) rinsing, spraying, or swabbing with a quaternary ammonium compound used
according to the manufacturer's directions or at a concentration of twice the strength
required for immersion, but in neither case shall the concentration exceed 400 parts
per million, in the case of equipment too large'.to be sanitized by immersion.
(4) When a quaternary ammonium compound is used for sanitizing, as specified in
105 CMP 595.007(B)(3)(d) or(g), the compound used shall be of the type that does not
require a potable water rinse, and shall have been compounded by the manufacturer to
insure effectiveness in waters up to 500 parts per million hardness at use concentration.
(5) In machines designed so that food-contact surfaces are not readily removable, all
such surfaces intended for in-place cleaning shall be so designed and fabricated that:
(a) cleaning, rinsing and sanitizing solutions can be circulated throughout a fixed
system using an effective cleaning and sanitizing regimen; and .
(b) cleaning,rinsing and sanitizing solutions will contact all food-contact surfaces;
and
(c) the system is self-draining or capable of being completely e-acuated; and
(d) the procedures utilized result in thorough cleaning anc sanitizing of the
equipment.
(6) A test kit or other device that accurately measures the parts per million concentration
of the sanitizing solution shall be available and used each time the sanitizing solution is
changed.
595.008: Equipment and Utensils: Exterior Construction and Maintenance
(A) Design and Construction.
(1) The vending machine shall be of sturdy construction and the exterior shall be
designed, fabricated, finished and maintained to facilitate its being kept clean, and to �.
minimize the entrance of insects and rodents. The operator shall keep the exterior of the
machin clean
(2) Door and panel access openings to the food and container storage spaces of the
vending machine shall be tight fitting and,if necessary,gasketed to prevent the entrance
of dust, moisture,insects, and rodents.
(3) All ventilation louvers or openings into the vending machine shallbe effectively
screened. Screening material for openings into food and container storage spaces of the
machine shall be not less than 16 mesh to the inch or equivalent. Screening material for
openings into condenser units which are separated from food and container storage spaces
shall be not less than eight mesh to the inch or equivalent
(4) In all vending machines in which the condenser unit is an integral part of the
machine, such unit, when located below the food and container storage space, shall be
sep:aced from such space by a dust-proof barrier, and, when located above, shall be
sealed from such space..
(B) Installation.
(1) In order to facilitate cleaning and maintenance,notwithstanding any other provision
of 105 CMR 595.008(B), the backs of all vending machines shall be easily accessible.
(2) In order to prevent seepage underneath the machine and to promote cleaning,free
standing vending machines shall have one or more of the following features:
(a) light enough to be moved manually with ease by one person; or
(b) elevated on legs or extended sidewalls to afford,with or without kickplates,an
unobstructed vertical space of at least six inches(152 mm) under the machine; or
(c) mounted on rollers or casters which permit easy movement; or
(d) scaled to the floor.
Where used,kickplates shall be easily removable or capable of being rotated. These
kickplates shall be designed and installed to make the area under the vending machine
easily accessible for routine cleaning without unlocking the cabinet door.
105 CMR: DEPARTMENT OF PUBLIC HEALTH
595.008: continued
(3) Counter type vending machines shall be:
. (a) sealed to the counter; or
(b) mounted on four-inch (102 mm) legs or the equivalent; or
(c) easily movable for cleaning with service connections in place.
(C) Service Connections. All service connections through an exterior wall of the vending
machine,including water,gas,electrical, and refrigeration connections,shall be grommeted,
or closed with no opening over 1/32 inch (0.79 mm) to prevent the entrance of insects and
rodents. All service connections to machines vending potentially hazardous food shall be
such as to discourage their unauthorized or unintentional disconnection.
595.009: Equipment Location
(A) Vending machines,ovens and other equipment shall be located in a room,area or space
which can be maintained in a clean condition and which is protected from overhead leakage
or condensation from water, waste or sewer piping. The area in which the equipment is
located shall be well lighted and ventilated. Each vending machine shall be located so that
the space around and under the machine can be easily cleaned and maintained, and so that
neither insect nor rodent harborage is created.
(B) The floor area where vending machines are located shall be reasonably smooth, of
cleanable construction, and capable of withstanding repeated washing and scrubbing. This
space and the immediate surroundings of each vending machine shall be maintained in a
clean condition.
(C) Adequate handwashing facilities, including hot and cold or tempered running water,
soap and individual towels,shall be available for use by employees servicing or loading bulk
food vending machines. Such facilities shall be convenient to the bulk food machine
/ location.
1 595.010: Special Requirements
(A) Single-service articles shall be purchased in sanitary packages which protect the articles
from contamination,shall be stored in a clean,dry place until used,and shall be handled and
dispensed in a sanitary manner. Such articles shall be furnished to the customer in the
original individual wrapper or from a sanitary container. Drinking straws shall be
individually wrapped. All single-service articles shall be protected from manual contact,dust, .
insects, rodents, and other contamination.
(B) All other equipment at the machine location shall be kept clean. Food-contact surfaces, i
if any,shall be cleaned,rinsed and sanitized at a frequency based upon the type of food being
dispensed and the amount of food particle accumulation.
(C) 'The cavities and door edges of microwave ovens shall be cleaned as often as necessary
and at least as often as the operator or an employee or agent of the operator services the
machine location with a nonabrasive cleaner and shall be kept free of encrusted grease
i
deposits and other accumulated soil. All doors,seals,hinges,and latch fasteners(screws and
related hardware) shall be kept tight and adjusted in accordance with the manufacturer's
procedures. Microwave ovens shall be in compliance with applicable safety standards of the
U.S. Food and Drug Administration's Center for Devices and Radiological Health, or.any
successor agency. Nothing in 105 CMR 590.010 shall be construed to prevent the owner or
tenant at the machine location from cleaning microwave ovens as necessary.
I
105 CMR: DEPARTMENT OF PUBLIC HEALTH
595.011: Food Transportation
(A) The requirements for storage,display, and general protection against contamination as
contained in 105 CMR 595.000 shall apply in the transporting of all food from a preparation
area to another location for vending. During transportation,potentially hazardous food shall
be kept at 45°F(7°C)or below or 1407(60°C) or above, and frozen foods shall be kept at
or below 0°F (-180C).
(B) During the transportation of food to or from a preparation area or machine location,all
food shall be in covered containers or completely wrapped or packaged so as to be protected
from contamination.
(C) All food transportation vehicles shall be kept clean,free of vermin and in good repair.
(D) When empty beverage containers are being transported for deposit redemption, they
shall be handled in such a way as to preclude contamination of food.
595.012: Water Supply
(A) General.
(1) Sufficient potable water for the needs of each machine location shall be provided
from a source constructed,maintained,and operated according to applicable law. Water
used as a food ingredient shall be piped under pressure to the vending machine, except
as otherwise provided for controlled location vending machines in 105 CMR
595.014(B)(2)and(3).
(2) All plumbing connections and fittings shall be installed and maintained according
to law.
(3) If used, water filters or other water conditioning devices shall be of a type which
may be disassembled for periodic cleaning or replacement of the active element
Replacement elements shall be handled in a sanitary manner.
(4) In all vending machines in which carbon dioxide is used as a propellant, all
food-contact surfaces, including valves or other devices, shall be of such material as to
preclude the production of toxic substances which might result from interaction with
carbon dioxide or carbonated water.
(B) Vendine machines Connected to an External Water Supply.
(1) Post-mix soft drink vending machines which are connected to an external water
supply shall have a connection secure from accidental disconnection, but readily
accessible for shut-off by authorized persons.
(2) Post-mix soft drink vending machines which are connected to the external water
supply system shall be equipped with an air gap that will provide positive protection
against the entrance of carbon dioxide or carbonated water into the water supply system.
The air gap shall be located to facilitate servicing and maintenance. No copper tubing
or other potentially toxic tubing or food contact surfaces shall be permitted in or
downstream from the air gap. The entire water system downstream from the air gap shall
be cleaned, rinsed and sanitized when needed and whenever the water filter or water.
conditioning device is replaced or,if no filter or conditioning device is used,every 20,000
dispenses or yearly, whichever comes first
(3) Any vending machine with an internal system capable of developing pressure in the
water system shall be, equipped with a backflow prevention device immediately
downstream from the external shut-off valve.
(4) Noncarbonated beverage machines not capable of producing pressure inthewater
system which are connected to an external water supply shall be equipped with a vacuum
breaker downstream from the external shut-off valve.
(5) When a water coil is submerged in a water bath heat-sink, there shall be no joints
or fittings below the water level of the bath.
4/1/94 105 CMR - 3660
105 CMR: DEPARTMENT OF PUBLIC HEALTH
595.013: Waste Di oval
- (A) All trash and other solid or liquid waste shall be removed from the machine location
as frequently as may be necessary to prevent nuisance and unsightliness, and shall be
disposed of according to law.
(B) Waste Receptacles.
(1) Self-closing, leak-proof, easily cleanable, insect-proof and rodent-proof waste
receptacles shall be provided in the vicinity of each vending machine or machines to
receive used cups,,cartons,wrappers,straws,closures, and other items. Plastic bags and
wet-strength paper bags may be used to line the receptacles. Soiled waste receptacles
shall be cleaned at a frequency to prevent insect and rodent attraction.
(2) Waste receptacles shall.not be located within the vending machine except for those
machines dispensing only packaged food with crown closures;in which case,the closure
receptacles may be located within the machine.
(3) Waste receptacles shall not be situated or enclosed in a manner that will create a
nuisance or prevent space around and under counters or enclosures.from being easily
cleaned and maintained.
(4) Suitable racks or cases shall be provided for multiuse containers or bottles and shall
be kept clean.
(C) Containers shall be provided for the collection of drip, spillage, overflow, or other
internal wastes within all vending machines dispensing liquid food in bulk,except as provided _
for controlled location vending machines.at 105 CMR 595.014(B)(4)and(5). Each vending
machine having such containers shall be equipped with a double solenoid valve which will
place the machine out of operation before the waste pail overflows. Such device shall
prevent water or liquid product from continuously running in the event of the failure of any
single control,high level control,or other flow control device in the liquid product or water
system
(D) Containers or surfaces on which liquid wastes may accumulate shall be readily
removable for cleaning,shall be easily cleanable,and shall be corrosion-resistant If liquid
wastes from drip, spillage, or overflow, which originate within the vending machine, are
discharged into a sewage system,the connection to the sewer shall be through an a'tr gap.
595.014: Controlled Location Vending Machines
(A) Controlled location vendingmachines shall be operated petaled only at controlled locations.
(B) All provisions of 105 CMR 595.000 shall apply to controlled location vending machines
except where such provisions are precluded by the following:
(1) The cup filling area or platform of controlled location vending machines shall not
require a door or cover if there is no opening into the cabinet interior at that point other
than for dispensing tube(s),or trapped waste tubing.
(2) Controlled location vending machines may be unconnected to an external water
supply.. In such cases water shall be carried to the machines in containers that are clean
and in good sanitary condition. Such containers shall meet the requirements for
food-contact surfaces in 105 CMR 595.007(3)and (4).
(3) External water fill ports or drawers of controlled location vending machines shall
be designed so that covers and drawers are secured to the machine.
(4) Controlled location'vending machines not connected to an external water supply
system, and which generate no internal liquid wastes, may be equipped with easily
removable drip pans at the dispensing platform in lieu of internal waste containers and
automatic shut-off devices.
(5) Controlled location vending machines that are connected to an external water supply,
and have no internal waste containers,shall be equipped with at least two independently
operated controls to prevent the continued flow of water in the event of failure of any
single flow control device.
-4 ��1
105 CMR: DEPARTMENT OF PUBLIC HEALTH-
595.021: License
(A) No person shall conduct a vending machine operation without a license issued by the
Commissioner.
(B) A license shall expire no later than one year from the date issued.
(C) A license may be renewed by applying at least 30 days prior to the expiration of the
license.
595.022: License Application
(A) Any person desiring to conduct a vending machine operation shall make written
application for a license to the Commissioner on a form provided by him. The application
shall state whether the applicant is an individual,partnership,corporation or other entity;the
name and address of the applicant,and if the applicant is a partnership,the name and address
of each partner. The application shall also state the address of the applicant's principal place
of business; of each preparation area servicing more than one building in which vending
machines are located;and of each food storage area where food is stored for use in more than
one building in which vending machines are located. The application shall also state the total
number of vending machines owned by the applicant and in use at all machine locations. The .
application shall be signed by the applicant under the pains and penalties of perjury.
(B) The applicant shall forward to the Division a list of the names and addresses of
suppliers from whom he purchases potentially hazardous food for direct use in vending _
machines.
595.023: license: Issuance Inspection Fees
Upon receipt of an application for a new license, the Commissioner or his agent shall
make an inspection of the preparation area; of supply storage, servicing, cleaning and
sanitizing facilities; of transport facilities; and of representative equipment and machine
locations to determine compliance with the provisions of 105 CMR 595.000 and with the
applicable provisions of M.G.L.c. 94. The Commissioner,after determining compliance by
the operator, and upon receipt of the appropriate fee, shall issue a license to conduct a
vending machine operation. Such license shall not be transferable.
595.024: License- Display of Operator's License Number - -
An easily readable label or sign bearing the operator's license number, company name,
and service telephone number shall be conspicuously displayed at each machine location.
595.025: Operator's List of Vending Machine Locations and Preparation Areas
Each licensee shall keep a list of all locations within the Commonwealth wherein vending
machines are operated by him and of all preparation areas servicing such vending machines.
Such information shall be available to the Commissioner or his agent upon his request.
595.026• Inspection of Vending Machines Premises and Prcoaration Areas
The Commissioner or his agent may,after presenting proper identification, enter, at any
reasonable time, any premises wherein vending machines are operated, or any preparation -
area servicing such machines for the purpose of inspecting the same. The licensee shall make
provision for the Commissioner or his agent to have access, either in company with an
employee of the operator or otherwise, to the interior of any vending machine operated by _
him
4/l/94 105 CMR - 3662
105 CMR: DEPARTMENT OF PUBLIC HEALTH
595.027: Inspection: Reports and Orders
` (A) Whenever an inspection of a vending machine operation is made,the findings shall be
recorded on a printed inspection report form. The inspection report form shall:
(1) summarize the requirements of 105 CMR 595.000 and other applicable provisions
of M.G.L. c. 94;
(2) state that the completed inspection form,when signed by the Commissioner or his
agent,constitutes an order of the Commissioner to correct any violations that are indicated
on the report form within the time periods designated;
(3) state that failure to comply with any time limits for correction may result in
suspension or revocation of the vending machine operation license and the cessation of
vending machine operations; and
(4) state that the operator has the right to a hearing before the Commissioner or his
agent if he requests one in writing.
(B) The completed inspection report form, signed by the Commissioner or his agent,
constitutes an order to the vending machine operator to correct any violations that are
indicated on the report form within the time periods designated.
(C) A copy of the completed inspection report form shall be furnished to the operator or
his agent either in hand, if the operator or his agent is present at the conclusion of the
inspection, or by mailing to the address shown on the records of the Division.
595.028: License: Suspension or Revocation
(A) General A license to conduct a vending machine operation may be suspended by the
Commissioner or his agent for violation of any provision of 105 CMR 595.000; 590.000 or
500.000, if applicable; or M.G.L. c' 94, §§ 189A, 305A, 305B, or 308 through 312. A
license may be revoked for serious or repeated violations of any such provisions.
(B) Emereencv Closure.
(1) The Commissioner or his agent may,without notice or hearing,suspend a vending
machine operation license or order vending machine operations ceased at one or more
machine locations if an imminent health hazard is found to exist.
(2) Whenever a suspension is ordered in this manner,the operator or his agent shall be
notified of the order in writing. The order shall state:
(a) that the Commissioner has determined that an imminent health hazard exist
which requires the immediate suspension of operations; and
(b) the violation(s) leading to the determination that an imminent health hazard
exist, and the corrective action to be taken; and
(c) that a hearing will be held if a written request for hearing is filed with the
Division by the operator within ten days of receipt of the notice of suspension.
(3) The order suspending the license or operation(s) shall be effective upon posting of
the order on the premises.
(4) The Commissioner or his agent shall hold a hearing within a reasonable time after
receipt of a written request for hearing.
(5) Whether or not a hearing is requested, the Commissioner or his agent may end the
suspension at any time if the reasons for the suspension no longer exist.
(C) Suspension with Notice.
(1) The Commissioner or his agent may, after providing an opportunity for a hearing,
suspend a vending machine operation license or order the vending machine operations
suspended at one or more locations if the vending machine operator does not comply with
the requirement of 105 CMR 595.000; 590.000 or 500.000, if applicable; or M.G.L.
c. 94. §§ 189A,305A, 305B, or 308 through 312.
(2) Notice of the order shall be given by the Commissioner or his agent to the licensee -
is writing. The order shall specify the violation(s) for which the license is or the
operations at a particular machine location(s) are to be suspended, the corrective action
to be taken, that a hearing on the violation(s) shall be given upon the written request of
105 CMR: DEPARTMENT OF PUBLIC HEALTH
595.098: continued
_ the licensee filed with the Division within ten days of.his receipt of the order, and that
unless such violation(s) are corrected within a specified and reasonable period of time,
his license may be suspended. If no request for hearing is filed within the ten-day period,
the suspension shall be imposed upon the expiration of the time period specified in the
order, and shall continue until the required corrections are made.
(3) When the necessary corrective action has been taken, the operator shall notify the
Division, which shall cause a new inspection to be made.
(D) Revocation.
(1) The Commissioner or his agent may, after providing an opportunity for a hearing,
order the revocation of a license or the termination of operations at one or more machine
locations for:
(a) serious or repeated violations of any of the requirements of 105 CMR 595.000;
590.000 or'500.000, if applicable; or M.G.L. c.94, §§ 189A, 305A, 305B, or 308
through 312.
(b) interference with the Commissioner or his agent in the performance of his duties;
(c) a criminal conviction of the licensee relating to the conduct of the vending
machine operation; or
(d) for keeping or submitting any misleading or false records or documents required
by 105 CMR.595.000.
(2) Notice of the order shall be given by the Commissioner or his agent to the licensee
in writing. The order shall specify the reasons) for which the license is to be revoked
or the operations at the machine location(s)terminated,the corrective action to be taken,
that a hearing on the violation(s)shall be given upon the written request of the licensee
filed with the Division within ten days of his receipt of the order,and, if the reason for
the revocation is serious or repeated violations of law or regulations, that unless such
violations are corrected within a specified and reasonable period of time,his license may
be revoked. If no request for hearing is filed within the ten-day period, the license shall
be revoked or the operations terminated upon the expiration of the time period specified
in the order.
595.029: Service of Orders of Suspension or Revocation
(A) Orders shall be served on the licensee or his authorized agent, except as otherwise
provided in 105 CMR 595.029(B),as follows:
(1) by sending him a copy of the order by registered or certified mail, return receipt
requested; or
(2) personally, by any person authorized to serve civil process.
(B) If,and only if,the aforementioned methods of service on the licensee or his authorized
agent are unsuccessful,service may be made.
(1) by any person authorized to serve civil process by leaving a copy of the order at his
last and usual place of abode; or
(2) if, and only if, his last and usual place of abode is unknown, service may be made
by posting a copy of the notice in a conspicuous place on or about the premises of a food
service establishment or food processing establishment that serves as a base of operations
for the vending machine operation.
595.030: Hearings .
(A) The person or persons to whom any order or notice issued pursuant to 105 CMR
595.027 or 595.028 has been directed may request a hearing before the Commissioner or his
agent. Such request shall be in writing and shall be filed with the Division within ten days
after receipt of the order or notice. Upon receipt of such request the Commissioner or his
agent shall set a time and place for a hearing and shall inform the petitioner thereof in
writing. Hearings shall be commenced within a reasonable time.
4/1/94 105 CMR - 3664
105 CMR: DEPARTMENT OF PUBLIC HEALTH
595.030: continued
(B) At the hearing the petitioner shall be given an opportunity to be heard, to challenge the
inspection findings, and/or to show why the order should be modified or rescinded, or why
the license or operations should not be suspended,revoked or terminated. Any oral testimony
given at a hearing shall be recorded verbatim.
(C) After the hearing the Commissioner or his agent shall make a final decision based upon
the complete hearing record and shall inform the petitioner in writing of the decision. If the
Commissioner or his agent sustains or modifies an order, it shall be carred out within the
time period allotted in the original order or in the modification.
(D) Every notice,order,decision or other record prepared by the Commissioner or his agent
in connection with the hearing shall be entered as a matter of public record in the office of
the Division.
(E) A copy of the transcript or tape recording shall be provided upon request and upon
payment of a reasonable fee.
(F) Any person aggrieved by the final decision of the Commissioner or his agent may seek
relief in a corm of competent jurisdiction.
595.031: Reinstatement of License —
Any operator whose license has been suspended, may, at any time, make written
application for reinstatement of the license. Within ten days after receipt of the application,
accompanied by a statement signed by the operator to the effect that the conditions
responsible for such suspension have been corrected and no longer exist, the Commissioner
or his agent shall cause a new inspection to be made. If the inspection satisfies the
Commissioner or his agent that the applicant is again complying with applicable provisions
of law,the license shall be reinstated.
595.032: Food Service Retail Food and Food Proressin Establishments Outside the Commonwealth
Servicing Vendlne Machines Within the Commonwealth
Food, beverages and ingredients processed and prepared in food service, retail food or
food processing establishments outside the Commonwealth may be sold in vending machines
within the Commonwealth if such establishments conform to the provisions of the law .
governing such establishments within the Commonwealth,and if the operator of said vending
machines is licensed under 105 CMR 595.000. To determine the extent of compliance with
such provisions, the Commissioner or.his agent may accept reports from the responsible
authority in such jurisdictions outside the Commonwealth where such food service,retail food
or food processing establishments are located.
595.033: Examination and Embamo of Food
(A) Food may be examined or sampled by the Commissioner or his agent pursuant to
M.G.L.c. 94,§ 189A for the purpose of determining compliance with 105 CMR 595.000 and
with other applicable provisions of law.
(B) The Commissioner or his agent may place an embargo on any food which he knows
or has probable cause to believe is adulterated or misbranded,provided that:
(1) a written notice is issued to the holder of the license to conduct the vending machine
operation; and
(2) the notice specifies in detail the reasons) for the embargo order.
(C) The Commissioner or his agent shall tag, label, or otherwise identify any food subject
to the embargo order. The tag or label shall state that the food:
(1) is suspected of being adulterated or misbranded;
105 CMR: DEPARTMENT OF PUBLIC HEALTH
595.033: continued
(2) .has been embargoed for ten days; and
(3) cannot be removed, used, sold or dispot of without pemussion of the
Commissioner or his agent - -
(D) The Commissioner or his agent shall permit storage of food under conditions specified
in the embargo order.
(E) If the food subject to embargo is found to be adulterated or misbranded, the
Commissioner or his agent shall take such steps as are necessary, pursuant to M.G.L. c. 94,
§ 189A, to effect the condemnation and disposal or reconditioning of the food.
(F) If the food subject to embargo is found not to be adulterated or misbranded,it shall be
released.
595.034: Procedure When Infection is Su ected
(A) When the Commissioner or his agent has reasonable cause to suspect possible disease
transmission by an employee of a vending machine operation, he shall:
(1) secure a morbidity history of the suspected employee, and make any other
investigation as warranted by the circumstances; and
(2) take any other action required by 105 CMR 300.000 et seq.,'Regulations Governing
Reportable Illnesses".
(B) In addition, the Commissioner or.his agent may require any or all of the following
measures:
(1) adequate medical and/or laboratory examination of the employee and of other
employees and of his or their body fluids, secretions or excretions;
(2) restrictions of the employee's services to areas of the operation where there will be
no danger of the employee contaminating food or food contact surfaces with pathogenic
organisms or transmitting disease to other persons; .
(3) the immediate closing of the vending machine operation concerned until, in the
opinion of the Commissioner or his agent, no further danger of disease outbreak exists.
(C) The licensee or manager of any vending machine operation,when he knows or has
reason to believe that any employee has.contracted any disease transmissible through food
or has become a carrier of such a disease,shall immediately notify the Commissioner or his
agcnL
(D) Any employee who fails to cooperate with any medical or laboratory examination
ordered by the Commissioner or his agent shall immediately be excluded from the
performance of duties involving the handling of food or food-contact surfaces.
(E) The following diseases are known to be transmissible through foods:
(1) Campylobacteriosis;
(2) Hepatitis A;
(3) Salmonellosis;
(4) Shigellosis;
(5) Staphylococcus aureus intoxication:and
(6) .Any other disease so designated by the Division of Communicable Diseases of the
Massachusetts Department of Public Health.
595.035: Penalties
Whoever violates any of M.G.L. c. 4, §§ 308 to 312, inclusive, or whoever continues
to conduct a vending machine operation after his license h� been SL>?mnded or revoked,shall
be punished for the fust offense by a fine of not more than$100 ant: for a subsequent offense
by a fine of not more than $500.
4/1/94 105 CMR- 3666
105 CMR: DEPARTMENT OF PUBLIC HEALTH
595.036: Iniunctions
The Commissioner may seek to enjoin violations of 105 CMR 595.000; 590.000, if
(. applicable; or 105 CMR 500.000,if applicable,pursuant to the provisions of M.G.L.c. 214,
§ 3(12).
REQULATORY AUTHORITY
105 CMR 595.000: M.G.L. c. 94, §§ 192, 305A, 305B, 308 through 313.
M.G.L. c. 111, § 5.
I
4/1194 105 CMR- 3667
���N1N6
Salem Historical Commission
ONE SALEM GREEN,SALEM,MASSACHUSETTS 01970
(978)745-9595 EXT.311 FAX(978)740-0404
July 29, 1999
NOTICE OF VIOLATION
Peter Sholds
Mary Frances Sholds
47 Essex Street
Salem, MA 01970
RE: 126 Derby Street
Dear Property Owner:
Recently, it has come to the attention of the Salem Historical Commission that one or more
structures have been installed at your property at 126 Derby Street which is located in a local historic
district. According to our files, there is no approved Certificate for either Appropriateness, Hardship
or Non-Applicability for such installation.
Please cease and desist all exterior work, read the enclosed information and kindly file the
appropriate application or remove the structures within 30 days. If you need assistance, please
contact our staff person, Jane Guy, at the Salem Planning Department, One Salem Green, Salem, MA
(745-9595, Ext. 311).
Thank you for your cooperation in this matter.
Sincerely, /
THE SALEM HISTORICAL COMMISSION
Lance Kasparian
Chairman
cc: City Clerk
Building Inspector
� VV
3a dfl
�NE SALEM GREEN,SALEM. MASSACHUSET S 01970
;:081745-9595 EXT. 11
CERTIFICATE OF NON-APPLICABILITY
It is hereby certified that the Salem Historical Commission has determined that the proposed:
❑ Construction ❑ Moving
❑ Reconstruction ❑ Alteration
❑ Demolition Painting
❑ Signage ❑ Other Work
as described below does not involve an exterior architectural feature or involves a feature covered by the
exemptions or limitations set forth in the Historic District's Act (M.G.L. Ch. 40C) and the Salem Historic
Districts Ordinance.
District: Derby Street
Address of Property: 126 Derby Street
Name of Record Owner: Michael Zapantis
Description of Work Proposed:
Repainting building in existing colors. No changes in color, material, design or outward appearance.
Non-applicable due to being in kind maintenance.
Dated: '�LI
1 SALEM HISTORICAL COMMISSION
By: .�.. 0
The homeowner has the option not to commence the work(unless it relates to resolving an outstanding
violation). All work commenced must be completed within one year from this date unless otherwise indicated.
THIS IS NOT A BUILDING PERMIT. Please be sure to obtain the appropriate permits from the Inspector of
Buildings (or any other necessary permits or approvals) prior to commencing work.
Ctu IIf "5alem, ' aSsuchus°ffs
y 4N
Plti ing 'BzY TfLtPTTt
Richard T. McIntosh
1 Salem Green ! April 3,1984
745-0213
Michael Zapantis,Trustee
ZNA Realty Trust Re: 126 Derby St
184 Bridge Street Historic District
Beverly,Ma 01915
Dear Mr. Zapantis:
I will not issue any permits for the above referenced address
until you do the following:
1. Obtain a Certificate from the Fire Marshall:
2. Obtain a Certificate of Appropriateness from the
Historical Commission. (window and clapboarding)
Very truly yours,
Richard T. McIntosh
Inspector of Buildings
RTM:mo's
cc: : Fire Marshall
Historic Commission
NOTICE OF VIOUTIOD1
FIRE PROTECTION Ff?ULRT1dT TEST
€ UILDING DEPT
(Gita of Satem, Afflassadjusetts
39irr i9rpartment 31Ie0quartrr3AN 7 3 22 PH 980
48 EafaytW Jireet
damn �_ �Rrrnnm RECEIVED
Chief CITY OF SALEM,PASS.
Allyn Realty Trust Date January 7. 1980
Robert Bramble
To: INKlaxXXXIN I In xxx Re: 126•Derby_Street
Hawthorne Inn. Salem, Mass.
18 Washington Sq. West
Salem, Mass.
Sir:
Records at this office indicate that you have failed to file Form #82,
Certificate of Completion; and/or arranged for a test of fire protection
equipment, installed under provisions of the General Laws of the Commonwealth
of Massachusetts, at the above location.
Application to install was made Oct. 23, 1976
It appears that sufficient time has elapsed since the application date
and/or occupancy has been established. Before occupancy a' test was
to be conducted by appointment.
You are therefor in violation of the General .Iaws of the Commonwealth.
You shall make an appointment for the required test, by calling the
Salem Fire Prevention Bureau, 744-1235; within seven days of this notice.
Licensed Electrician to be present for testing, 4'
Failure to comply shall be cause for such furthur action to be taken as
the law. provides.
Per order:
I
Lt. David J. G gain
cc: Building Inspector Salem, Fire Marshal
Electrical Inspector..
Owner of Real Estate
Installer
file
Form 82A (8/79)
a % - COMMONWEALTH OF MASSACHUSETTS 7 - - 6 � '
CITY/42GWN OF S A L E M - S7URk
�g4
APPLICATION FOR CERTIFICATE OF INSPECTION
Date Z9 7 (✓S Fee Required (Amount ) Oc )S50a
( ) No Fee Required
In accordance with the provisions of the Massachusetts State Building
Code , Section 108,15 , I hereby apply for a Certificate of Inspection for .
the below-named premises located at the following address :
Street and Number j 2 41 715A- ST2 EST
Name of Premises
Purpose for Which Premises is Used u F i` zE.✓
License( s ) or Permit ( s ) Required for the Premises by Other Governmental>'O&Vxj
Agencies : ras
License or Permit Agency
lLC_� /? .
Certificate to be Issued to (WIL , �yYEn1L �?Vl t?rl.
Address /a T✓lzyyeg sr: SA[ cyl
Owner of Record of Building
Address LLait2 .SuPv� i
Name of Present Holder of Certificate
Name of Agent , if any
SIGNATURE OF PERSON r WHOM TI E
CERTIFICATE IS ISSUED OR HIS
AUTHORIZED AGENT <z 2-s171�
DATE
INSTRUCTIONS :
1 ) Make check payable to : CITY OF SALEM
2 ) Return this application with your check to : John B. Powers, Inspector of
Buildings, City Hall Annex, One Salem Green, Salem, Massachusetts 01970
PLEASE NOTE :
1 ) Application form with accompanying fee must be submitted for each build-
ing or structure or part thereof to be certified.
2 ) Application and fee must be received before the certificate will be issued .
3 ) The building official shall be notified within ten ( 10 ) days of any change
in the above information.
CERTIFICATE # 92- 99 EXPIRATION DATE :
FORM SBCC-3�?�7 � V
3�a 9 9
L3U't`L ltin pEpT
t�1aY 29 1 z6 PH'19
RECEIVED
C►TY OF SALEW SASS.
IP
PERIODIC INSPECTION INFORMATION SHEET l .3C)C)141,
' Instructions: This information sheet is not an inspection checklist. Each time
a permanent file card is typed for a new building or a new card for an old build-
ing, this information sheet can be prepared by the building inspector as a work
sheet from which the file card can be typed. The items of information on this
sheet are identical to the items on the file card. If all the information on this
sheet cannot be entered on the file card, this sheet should be filled out and
Lot discarded.
Street and Number
Name of Premises
Other Licenses or Permits Required
Owner of Record of Building V4 (, U
Address
Certificate to be Issued to ➢ '
Address
Use Group C Assification Furpose Used WME19
Public or Private �eaDO
Number of StoriesClass of Construction Date Erected 14�A
Certified Capacity (By Story or Type) u ,nF-
Number of Rooms Hospitals, Schools, Hotels (By Story or Type)
Number of Dwelling Units Per Story
Emergency Lighting System ^ {�S/ ®�
Means of Detecting and Extinguishing.Fire
Fire Alarm System
Number of Elevators
How Heated p
Boiler or Other Heating Apparatus- GAS Fjjtrt>
How Lighted EuC,Ty' c- How Ventilated
�s'[U(�L
Place of Assembly: Yes No Purpose Used
In Which Story
Standard Booth Installed Location
Fixed Seating $10
Number of Aisles and width of Each
Fire Resistance of Curtails or Draperies
Number of Sanitaries . Location
Number of Grade Floor Means of Egress Doorways
Number of Separate Stairways Accessible Per Story
Number of Approved Independent Exitways Per Story
Remarks: , KJTS1e-tA4L Fav PAC K
SW V S M- C C
Date Certificate Issued Date Certificate Expires F'. Q P
Date orders Issued Date Orders Complied��, � �
Inspector [y4l/fL Date
FORM SBCC-1-74
� ��� �nmmpnttr�ttl�r of ,�tt��ttr��tttr�#� FORK 6BCC '�
J
o CITY/TOWN OF S A L E M
In accordance with the Massachusetts State Building Code, Section 208. 15, this
CERTIFICATE OF INSPECTION
is issued to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Eileen McDonough . . . . . . . .
Y (Ul'ttf1J that I have inspected the. . . , premises known as. . . , , The Market
located at. . .124,Derby,Street. . . . . . . . . . . . . . . . . . . . .in the. . . CitY. . . . . .of. . . . . . Salem . . . . . . . . . . .. . . . . . . . . . . . . . .
County of. . . .E ?x . . . . . .Comnonwealth of Massachusetts. The means of egress are sufficient for the following
number of persons:
BY STORY
Story Capacity Story Capacity Story Capacity Story Capacity
BY PLACE OF ASSEMBLY OR STRUCTURE
Place of Assembly Place of Assembly
or Structure Capacity Location . , or Structure Capacity Location
Store 10 First Floor
97-79 7/9/79 Change in Use or Occupancy
Certificate Number Date Certificate Issued Date Certificate Expires Building Official
The building official shall be notified within (10j days of any changes in the above information.
E mr { S�L
-
" P� $ of a�zt�,
.fir. rt8 Puar3 of � zu!
CITY G_i V I CE JANUARY 18, . 1979
SALEM, MASS.
DECISION ON THE PETITION OF. ROBERT BRAMBLE, TRUSTEE OF ALLYN REALTY TRUST
CONCERNING PROPERTY LOCATED AT 124 DERBY STREET, LOCATED IN A B-1 DISTRICT
A hearing on -the petition was held on January 18, 1979, with the following
Board Members present: Jane Lundregan, Joseph Piemonte, Douglas Hopper, John
Nutting and James Boulger. Notices were sent to abutters and others in accordance
with Massachusetts General Laws, Chapter 40A.
The Petitioner requested a Special Permit which would permit him to alter
a non-conforming structure.
Attorney George P. Vallis represented the Petitioner before the Board. It
..was explained to the Board that the building situated on the premises is presently
non=conforming because it does not meet the present density regulations of the
Salem Zoning Ordinance and that the building was constructed long prior to the
enactment of the Zoning Ordinances. The change proposed to be made, according to
the submitted plans, was the construction of a new pitched roof in place of the
present flat roof. It was submitted that the proposed change was more in character
with the surrounding buildings and a letter from the Salem Historical Commission
supporting the change was submitted to the Board. Also speaking in favor of the
_ petition was a representative of the Salem Planning Department. Two abutters of
the locus also appeared and spoke in favor of the petition. No one appeared in
opposition.
The Board voted .to grant the Special Permit with Board Member, Jane Lundregan
abstaining, the vote being four in favor with none opposed.
The Board found that the proposed change and enlargement of the non-conforming
structure was minimal and a reasonable one which would not only improve the appearance
of the building, but would also contribute to the revitalization of the Derby Street
area and that the change could be made without substantial detriment to the surrounding
neighborhood and would in no way nullify or substantially derogate from the intent and
purpose of the Zoning Ordinance.
.-_ .vw.a.J.J1.J�.J s
APPEAL FPO,.i_F�F�tI-CI•j/Ri' TS!1q?�7TE�pz pU! JL!F! I TO SECT O! 17 OF THE MASS.GENERAL [AVIS. CHAPTER SDII AND S'VUL BE File V! 4d 20 DAYS.AFTER THE DATE OF FILING
OF TH!S DECISIDIJ 1.11 THE OFF:CE OF THE CITY CLERK. -
PURSANT TO MASS. Sd.I•JL I1, THE V�,S,!H^,C'E OR SPECIAL PERidIT �- =�"�' � � "2"�u .,✓
CR�'TEU tl EI 1 SHALL ! 6r T+ ,E EFF 6T 6r!I;L A CONY CF IH IS RI SEARING TF•E CERT- -.'Jane T. Lundregan
FIC iKIN Or THE CITY CLERA THAT 20 ^,rn.Ht. , ) .O APPEAL H�.. DE if FILED, - Secretary --
OR
'THAT. I SI t,i AN� ,PPEA HAS L ENL E KHAT I • S 13--EN OI ,ISS J OR Dtr.cD IS
RECDRC.ED. I!J TI! SOUTH EI SSEX REECIGTRY JE GE �� AND INIE ED Uf:O- iH NAME G, THE C';l flE3 -
F RECCRD OR IS RECORDED AND NOtE� ON THE C'tlN EX'S CEfcTtFiCAiE OF TITLE.
- • _ -? BOARD OF APPEAL
-
A COPY OF THIS DECISION HAS BEEN FILED WITH. THE PLANNING BOARD AND THE CITY CLERK
of atm, 4,11ztssadlusettg
50
H, _� 4 � �Rirr �ie}�nrlment 3eu�gnnrtrr�
NOTICE OF VIOLATION OF FIRE FEC�ALEN.
�q�`{^'�F SLrl�ea{aSS.
Mr. Robert Bramble Date : _ January 39, 7-979
To: Allyn Realty Trust
o awthorne Mo oar nn. Re:�^�12`i Derby St_ret
Salem, Mass. 01970 Salem, Mass.
As owner or occupant of the premises , structure , open land area or
alleys adjacent thereto , under your control ; you are hereby notified
that conditions listed below, as a result of an inspection by the
Salem Fire Prevention Bureau, are ordered to be corrected within
one day of the above date :
This order is issued under provisions of Chapter 148 , Section 5 of
the General Laws of the Commonwealth of Massachusetts and Article 1 ,
Section F-140 . 0 of the Salem Fire Code .
The following listed items are deemed to be conditions likely to
cause fire , become dangerous as a fire hazard, or are 'otherwise in
violation of law.
1. Building situated at 124 Derby Street, Salem, Essex County,
Massachusetts has been allowed to remain open to vandalism, for
several days.
This structure shall be boarded up immediately to prevent vandalism,
to prevent a continued fire hazard to exist and to avoid a
continued health hazard to the neighborhood.
If, at the expiration of time allowed, these conditions have not been
remedied and no cause aforesaid be shown for failure to comply, such
further action shall be taken as the law requires .
Notice served by Regular. Mail Pcr. Order o21 Aarshal/'
Notice issued to Mr. Bramble Title Salem Fire
Date Idm„^30(►i 1979Time 10: 00 A. M.
Method of Service Regular Mail.
cc: Building Inspector
Health Dept.
Form #26A (7/77)
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ft Salem HistoricalCOMMISSIONDING DEFT
CITY HALL. SALEM, MASS. 01970
SEP (g 19 DO AliT
RECEIVED
CERTIFICATE OF APPROPRIATENESS CITY OF SALEM,MASS.'
It is hereby certified that the Salem Historical Commission has
determined that the proposed construction [ ] ; reconstruction [x];
demolition [ ] ; moving [ ] ; alteration [ ]; painting [x]; sign or
other appurtenant fixture [ ] work as described below in the . . . .
Derby Street Historic District.
(NAME OF HISTORIC DISTRICT)
Address of Property: 124 and 126 rerby. st.
Name of Record Owner: Estate of Martin Witkas--Allyn Realty Trust
e i ee ore wor
R.C. B3Lamble, Trustee, c (o Hawthorne Inn, Salem, Mass.
DESCRIPTION OF WORK PROPOSED:
IZID Leroy: as per drawings enclosed with application:
1) Restore store front
2) Reclapboard building
3) Repair and replace sashes as necessary
4) Repair and replace existing cornice and porch railing detail (restore)
5) Paint entire building, body in Olympic green gold, trim in Sturbrridge
Old Tavern Yellow
124 Derby: as per drawings ,enclosed with application:
Enlarging single story western store front to include a second story 0-
plus loft with a peaked roof to allow for a residence and shop.
will be appropriate to the preservation of said Historic District, as per
the requirements set forth in the Historic District's Act (Federal Laws,
Ch. 40C) and the Salem Historical Commission.
Dated: q/iR/qR SALM HISTORICAL COMMISSION
By,
C Irma
Copy for MY-. O'Rourke
10 f
y ..
October ll,' 2948.
Polish Legion-of American Veterans
128 Derby, Gtraet
Salami Massachusetts`
Gentlemen: '
Acknonle ,ging your letter of tober 51) write
to inform you of my pleasure this .encs
of the villingness of your mem s ooperate "
iNith the City " red e e of City
Government. I hav prove re sition for
the inpplies r►.. ou requi an rrangements
will be .made by U O'Rourke hav he material
delivered at a co . erient time
In the f p se info your officers
Band' m rs o my a and of my desire
to c errate-in every or the mutual bene.
fit the, City , , d the Polish American Veterans. ;
.
Sincerely, .
Mayor Fr�
t�t
n�:ea.
• � fir+ ��+�''
Form D 28. 5'11'25,
���GONDILl10 _.
6Y B�
f }
m CITY OF SALEM.
IAO
B Y
Y
pf�IMINE OON�
In City Council, _ _ . ..May... ... 24,....... 192.8......
Ordered :
That his Honor the- Mayor , with the Committee_on_P-ubl.i.c-P_r-ope.rty-,.
be and hereby_ i_s_autho-rizedto—rent the—p.remi-ses-a-tthe-old—hose---- —
house, corner of Bentley and Derby Streets to Polish_Choral_Society_
for a rental of not less than ten dollars ($l0 .00)__per_month,___
tenant to assume expense of all 'neceseary interior repairs .
Adopted May 24, 1928.
Approeedby-the-May_o_r_,_May_2Ci,___1-928.. -- -- — — --__--
___ Attest•-
---- ---- --- -- ----- — -- Ci-ty--Cler - ---- - — - ----
1
_ ORDER
i
i
I i �
_.
In City Co�ncil.. ............. i
Adopted
I
Clerk
I
City of Salem
..........
Presented to the M l yor fl r apt roval
I i I
Cit.t Clerk j
i
APPr ved on........... ...... ......... .......... I i
I
f
By..... __....................l. ......... _......................
_.........L..
Mayor
128 Derby Btreet - Polish Legion of American Veterans y' l
1048 1948 \
Walsh Construction Co, repairs to building 655.31
Joseph Hayes - painting new work 52.93
Samuel Gonyea - repair foundation 19.50
Beaulieu & Linsky - 6 gals oalsotat C- c ,r 18.00
3 " thinner, 1.80 /
5 " Plat. white 17.50
7 '! velvet green 31.50
8 - 4 in paintbrushes 36.00
6 - sash brushes 1.80
2 qts dark grey Paint 2.30
3 gals princess blue 17.85
2 qts. red paint 3.50
1 €;al- whitevelvet 4.50
3 gals Vh:,_.ypur ual. oil 13..510
1 gal black', pt: 5.95
2gals bronze comb. 1.60
1 gal Bast dry varnish 4.20
2 qts Past dry varnish 2.40
Paint. sandpyper, linseed oil. stain 27.36
h rolls 1943 paper 20.00
12 e 45027, :It : 8.00
9 yfs ve'troplane n . 2.25
10 lbs paste 2.00
1 gal white enetmel 5.75
1 " undercoat 3.50 '2n BE}
Waters & Brown - 5 gals bloaoh chloride g.57-
1949
Ryan Roofing- new gutters 230.00
Joseph Hayes _- paint exterior bldg: 493.00
x —�
i
6 5 2 9
1 9 50
2 3 1 2 8
8 5 7
i
967 5 9 T
9 6 7 5 9
7 2 3 00
6 00
1 0 7 7-5
1 0 5 3 11
2 857 4 5 T
128 Derby Street - Polish Legion of American Veterans
5948 1948
Walsh Construction Co. repairs to building 655.31
Joseph Hayes - painting new work 52.93
Samuel Gonyea - repair foundation - 19.50
Beaulieu & Linsky - 6 gals calsoter" 18.00
3 " thinner 1.80
5 " flat white 17.50
7 " velvet green 31.50
8 - 4 in paint brushes 36.00
6 - sash brushes 1.80
2 qts dark gray paint 2.30
3 gals princess blue 17.85
2 qts. red paint 3.50
1 gal white velvet 4.50
3 gals. Vaispar val. oil 13.50
1 gal black pt 5.95
2 gals bronze comb. 1.60
1 gal Bast dry varnish 4.20
2 qts fast dry varnish 2.40
Paint, sandplDper, linseed oil, stain 27.38
4 rolls 1941 paper 20.00
12 " 45027 " 8.00
9 yds vetroplane " 2.25
10 lbs paste 2.00
1 gal white enamel 5.75
1 " undercoat 3.50 231.28
Watwrs & Brown - 5 gals bleach chloride 8.57
1949 ---%7 '21
sTI.
Ryan Roofing - new gutters 230.00
Joseph Hayes - paint exterior bldg. 493.00
i
1950
Glass 6.00
1951
Clancy- plumbing 22.10
McCarriston " 68.20
Trask Roofing- skylight 17.45
107.75
1952 -_1
Trask Roofing -roof repairs 46.41
New Boiler (- t. SQE�5, Ad'( k` 880.60
McCar-riston-plumbing repairs 63.08
Salem Lumber Co.- BD boards, poigts,nails 63.02
/_..o..J J / I