MEETING PACKET APRIL 2011 . I �
�1
,I
f-
I
I
f�
r`
1
- _:,.: ..�-.J _. :i._ _� ..J�_J._,��, i C-u f.J_J,�.:,J l."�-!lJ l-:f e,���.1,_.:,.�y an+a.J�..!�;J•L.J l.J 4J w..W+,:s�l!+�u�.,C.E.;.f�,i.�t.,,_e _�.._, _,
r_]iJ r—)C,U
CITY OF SALEM, MASSACHUSETTS
BOARD OF HEALTH
120 WASHINGTON STREET,4`t'FLOOR
TEL. (978) 741-1800
KIMBERLEY DRISCOLL FAX(978)7 _1 A (a ZO
MAYOR DGREENB UM , M OM
DAVID GREENBAUM,RS CITY C,
ACTING HEALTH AGENT
NOTICE OF MEETING
You are hereby notified that the Salem Board of Health will hold its regularly scheduled meeting
on Tuesday,April 12, 2011 at 7.00 PM at
City Hall Annex, 120 Washington St. Room 311,
MEETING AGENDA
(Amended)
1. Call to order
2. Approval of Minutes from March 8, 2011
• 3. Chairperson Announcements
4. Public Health Announcements/Reports/Updates
a. Health Agent
b. Public Health Nurse
c. Administrative
d. Councilor Liaison
5. BOH Exterior Paint Removal Regulation and RRP
6. Health Agent Interview,Discussion and Vote
7. Miscellaneous
8. Adjournment
Next regularly scheduled meeting is May 10, 2011 at 7pm at City Hall Annex, 120 Washington
Street Room 311
tits
kV
�#y all
David Greenbaum
at l0•`zoo
Acting Health Agent
Cc: Mayor Kimberley Driscoll, Board of Health, City Councilors
Know your rights under the open meeting law MGL Chapter 39 Section 23B and City Ordinance
section 2-2028 through 2-2033
-CITY OF SALEM
BOARD OF HEALTH
MEETING MINUTES
March 8, 2011
DRAFT
MEMBERS PRESENT: Dr. Barbara Poremba, Chairperson, Marc Salinas, Dr. Larissa Lucas, Martin Fair,& Gayle
Sullivan
OTHERS PRESENT: David Greenbaum, Acting Health Agent&Councilor Liaison Thomas Furey
MEMBERS EXCUSED: Kemith LeBlanc
TOPIC DISCUSSION/ACTION
1. Call to Order Meeting called to order by Dr.Poremba, Chair, at 7:04pm.
2.Minutes of Last Meeting M. Salinas Motion to accept the minutes. 2"d
(Feb 8, 2011) 4 in favor, 0 opposed.
Motion Passes
3. Chairperson Announcements
4.Monthly Reports-Updates
A. Administrative The Board discussed with D. Greenbaum how to spend down the money
• Report left in the budget. A few of the things the office is looking to purchase are;
Office supplies, sound meter, pool kits, Rodent control, flu supplies,
licenses for GeoTMS inspection software&4 inspection kits. Dr.Poremba
requested that we look into purchasing a new communications system for
Emergency Preparedness. D. Greenbaum brought to the board's attention
that the Fire Department upgraded their communications system and has
radios we can use for health emergencies. The board asked how many
radios we would have access to, if there is a plan on how to access them&
if there is something in writing stating that the Board of Health has access
to the radios. M. Fair explained to the Board that the office has emergency
plans and that it could be updated with a statement from the Fire chief
allowing the board access to a certain number of radios during an
emergency. Two staff members will be attending the health fair at Salem
High School in April; money could also be spent on items for the health
fair.
There was a question about the Strep Pneumonia cases. D. Greenbaum
B. Public Health Nurse stated he would clarify this with Tracy Giarla,Public Health Nurse and
Report update the board. Copy available in office
D. Greenbaum measured some vacant apartments at 117 Lafayette Street
C. Acting Health Agent along with the unit Mr. Harrell used to reside in. The units measured were
Report all approximately 160 square feet. The units are in compliance with the
State Sanitary Code. Mr. Harrell contacted Martin Fair and other health
• departments about doing inspections at 117 Lafayette Street. M.Fair
wanted to speak with D. Greenbaum before speaking with Mr. Harrell. G.
Sullivan asked what Mr Harrell was looking for. D. Greenbaum said Mr
Harrell has a civil case against the property owners. He wants Inspectional
Services and the Board of Health Sanitarian to do a full scale inspection of
the building to determine if it meets the minimum standards of fitness for
human habitation. This is not our purview and is not a good use of City
resources. What Mr. Harrell needs to do is hire a private inspector to do
these inspections. Copy available in office
Councilor Furey thanked the Board for sending letters to Rep. Keenan and
Sen. Berry in support of the house bill 1243 limiting smoking in public
D. City Council Liaison housing. D. Greenbaum will forward these letters to all nine communities •
Updates in the tobacco control collaborative. Dr Poremba stressed that there should
be more P.R. on public health such as a banner in downtown Salem or an
advertisement in the paper. The 10 year anniversary of the BOH smoking
ban is April I". We should try and celebrate this in conjunction with the
Mayor. Councilor Furey said that he would follow up with the Mayor and
report back to the Board.
M. Fair submitted, to the Board, possible amendments to the Board of
5.New Business Health exterior paint removal regulations.
M. Salinas—asked if these changes are going to create more of a burden on
A. Discussion of The Board of Health the staff?Do other cities and towns around us have the same regulations or
Exterior Paint Removal Regulation and do they allow electric sanding with HEPA filtered vacuums?
RRP D. Greenbaum-Only Marblehead has the same exterior paint removal
regulation as Salem. The staff will need to stay informed of any
changes/amendments made to our current regulations.
The Board and D Greenbaum will review M Fair's possible amendments
and will continue discussion at their April meeting. M.Fair will forward
the proposed amendments to Sean O'Connor, Shaun Clark and Helen Sides
for their review and feed back.
D. Greenbaum updated the Board regarding the application for the
planning grant. The grant application has been submitted and grants
should be awarded at the beginning of April. D. Greenbaum informed the
Board that Sharon Cameron, Peabody's Health Director, contacted him to •
inform him that Peabody is listed as the lead agency in the Regional Health
B. Update on the Health District District Application. She wanted to know that since the greatest level of
Application commitment is from Salem should Salem be the lead agency. She is
willing to have Peabody be the lead agency. D. Greenbaum asked the
Board their feeling on this. M.Fair felt that the issue of who would be the
lead agency would be clarified through the planning process. M.Fair
informed the board that there was an article in the Salem News about
regionalizing health services. The application is available in our office.
D. Greenbaum presented a letter to Dr. Poremba expressing his continued
interest in the Health Agents position. Copies were presented to each
board member.
6.Miscellaneous
7.Executive Session
8. MEETING ADJOURNED: 9:20 PM
Respectfully submitted4,i ?
.; � r� s
'� v ,
eather�;yons-Paul .
Clerk of the Board •
Next regularly scheduled meeting is April 12, 2011 at 7pm
At City Hall Annex, 120 Washington Street,Room 311 Salem.
David Greenbaum
rom: Larissa Lucas [Ijlucasmd@gmaii.com]
ent: Tuesday, April 12, 2011 3:17 PM
o: Barbara Poremba; David Greenbaum
Subject: Please print for meeting
To Salem Board of Health
T apologize for missing the meeting on April 12 2011. Please accept this in my absence as
a letter in full support of Larry Ramdin for the position of Health Agent.
His experience, education and visionary leadership make him ideal for this role.
Sincerely,
Larissa J Lucas, MD
•
•
1
PROPOSED AMENDMENTS TO
CITY OF SALEM BOARD OF HEALTH REGULATION 23
RULES AND REGULATIONS FOR EXTERIOR PAINT REMOVAL
AND ABRASIVE BLASTING
SECTION III—PERMITS
3.0 A permit must be obtained from the Board of Health by the Owner of the property
or the Renovation Contractor or the Deleading Contractor at least five (5)business
days prior to the commencement of work.
3.1 The application for a permit shall minimally include: the address of the residence
or facility, the mane of the Owner, the name business address and license number of the
Deleading Contractor or Lead— Safe Renovation Contractor conducting the Deleading
Work, the start date and estimated completion date for the work, the work methods to be
used (sanding, scraping, covering, encapsulation, etc.) and whether the work will be
conducted as Class I, Moderate—risk or Low—risk Deleading work.
A permit shall only be granted to an Owner if the application is accompanied by a signed
statement and schematic of testing locations from a Lead Paint Inspector or Risk
Assessor certified pursuant to 105 CMR 460.000 or a Certified Lead— Safe Renovator
• supervisor using a recognized test kit, as specified in 40 CFR Parts 745.83 and 745.88,
and following the kit manufacturer's instructions, has tested each component affected by
the renovation and determined that the components are free of paint or other surface
coatings that contain lead equal to or in excess of 1.0 milligrams per square centimeter or
0.5% by weight.
A permit may be issued to an Owner without a copy of the prerequisite statement and
testing schematic if the dwelling/facility was constructed after 1978.
3.2 Do you want to change the fee structure?
SECTION IV—ABRASIVE BLASTING AND ELECTRIC SANDING
4.0 Abrasive blasting on exterior surfaces of any structure within the City of Salem is
prohibited. Electric sanding is allowed under the requirements and work practices set out
in 454 CMR 22.00: DELEADING AND LEAD—SAFE RENOVATION
REGULATIONS.
•
CITY OF SALEM, NLASSACHUSETTS
BOARD OF HEALTI-I
` 120 WASHINGTON STREET,4"FLOOR
TEL. (978) 741-1800
KIMBERLEY DRISCOLL FAX(978) 745-0343
MAYOR DGiu.I NBAUM _S.AJ..EM.COM
DA VID GRI.'1-NBA.um,RS
AC'TIM; Hi3'AL.:I'fIAC;f;NT
Public Health Nurse Report
March 2011 Activities
Disease Prevention
• In contact with North Shore Pulmonary Clinic regarding active cases and case
contacts.
• 18 contacts of an active case of tuberculosis tested with the Peabody public
health nurse. All were negative. Will retest in 8-12 weeks.
• Investigated communicable disease cases and reported to the MDPH.
Meetings/Clinics
• DOT completed on March 8th for an active TB case.
• Attended the NSCAEP meeting at the Peabody DPW.
• Attended a North Shore Head Start Health Fair at the Knights of Columbus in
Salem. Over 20 exhibitors participated. Our table focused on Public Health and
Emergency Preparedness.
• Attended the North Shore Elders meeting in Middleton to discuss elder
abuse/neglect, and referral resources available for public safety and public health
employees.
• Attended an Influenza Clinic with Peabody and Lynn Public Health Nurses held
at the North Shore Mall.
MONTHLY REPORT OF COMMUNICABLE DISEASES
MARCH 201 1
DISEASE NEW CARRY OVER DISCHARGED REPORTED
CAMPYLOBACTER O O O 0
HEPATITIS C 2 0 2 2
LYME O O O O
SALMONELLA 2 0 2 2
TUBERCULOSIS O O O 0
VARICELLA 0 0 O 0
Salmonella: 2 cases. 4 y/o female. Attends two child care facilities. Both
facilities inspected by David Greenbaum. Director at both facilities interviewed.
1.5 y/o female. Attends the same day care as case#1.
MDPH notified. DNA PFG tested as a match on both stool specimens. A care giver at
the facility was tested negative. No other cases identified. Parents received a letter and
a public health fact sheet for each positive case. Each child returned after
documentation of one negative stool.
d �
. � .
CITY OF SALEM, MASS ACHUSETTS
BOARD OF HE11,TH
• 120 WASHINGTON STREET,4"H FLOOR
TEL. (978) 741-1800
KIMBERLEY DRISCOLL FAX(978) 745-0343
MAYOR nGRrrNBAVM g.Snl..I M.COM
DAVIvGREENBAuM,RS Acting Health Agent Report
ACTING HEALTk-IAGENT March 2011
Meetings/Trainings
1. Attended the North Shore REACT meeting held by North Shore Elder
Services to discuss issues surrounding elder abuse.
2. Attended a meeting to discuss the Pre-Disaster Mitigation Plan Revision
for flooding required by FEMA.
3. Attended a HHW meeting to meet with representatives of Clean Harbors
to discuss the new HHW pricing and upcoming HHW events.
4. Attended the MHOA Quarterly meeting and training on bed bugs.
5. Attended the North Shore/Cape Ann Emergency Preparedness Coalition
meeting. Items discussed include upcoming deliverables and an update
from the local state advisory committee.
6. Attended the MEHA educational seminar: Nuisance Problems and
Solutions for Local Environmental Health Officials.
Significant Communication or Complaints from Residents
• 1. Mr. Richard Harrell continues to come to the Board of Health office to
inquire about inspections at 117 Lafayette Street. I have explained to
him that the Salem Board of Health will not be conducting an inspection
at this address without a tenant complaint or an order from the court. He
continues to contact the MA DPH. Paul Halfman of the Community
Sanitation Program has responded to Mr. Harrell in writing. (attached as
appendix A is a copy of his response) Mr. Harrell's behavior is
becoming harassing and I have instructed the staff that any request from
Mr. Harrell must be.done in writing.
Inquiries or Reports from theMedia
In response to an incident in Lynn involving an improperly disposed needle, Tom
Dalton of the-Salem Evening News called to inquire if the Board of Health had
received any calls regarding improperly disposed needles. I explained that the
Board of Health did not get calls of this nature. We periodically receive calls from
residents on how they can dispose of home sharps and we inform that they can
bring them to the Board of Health office and will properly dispose of them.
Mr. Dalton also inquired as to what the Board was discussing in the Executive
Sessions each month. I informed him that the only information I had was that the
Board was discussing a personnel matter and beyond that I had no further
information.
•
1 9
•
Other Public Health Information
Update on the Grant/Collaboration Opportunity
p pp Y
MAPC announced that the North Shore Shared Health Services grant application
was awarded a planning grant for $25,000 to explore a shared health services
agreement. Planning for the first meeting to discuss this endeavor is in the works
and once a date and time is announced that information will be forwarded to all
Board members.
The Board of Health as signed on to participate in the new tobacco control grant
that will begin in July. The new fiscal agent will be the City of Lynn and the
catchment area will encompass the 15 communities in the Emergency
Preparedness Coalition. (Attached as Appendix B is a copy of the Municipal
Participation in Collaborative Form)
•
•
APPENDIX A
•
•
The Commonwealth of Massac husetxs
1.xe.cutivc Office:of health and 1 lummt Services •
r)epatl:tnent Of Public Ifealth
Bureau of Environmental Health
f COMITILIrIit y SallitatiOlt Pro-rani
-�tam
—r 5s 180 Beaman Street:
nEvnt.L PA INICK WOSL Boylston, MA. 01583
60VER.NOR
'I M(-)'11YV MURRAY Telephone: 508-7922-7880,ext.. 2338
i.JI 1.1 VNRNT 7A)VF:RNOR I.•aCSl in le: 508-792-7 06
UDYAN'N MGBY,MD ITY: 508-835 9796
St;C:)ti:'TARV
.ORN AusaRACa Paul.Hal ftnann@sta.te.ma.us
f'(7MMI�:ti1bNl7e
March 25.2011
Richard Harrell
21 Heritage fir.,1t23
Salcm,MA 01970 C`
Re: 117.r.afayetfas St.,Salem.
Dear Mr.Harrell:
'flue Massachusetts Department of Public health(Department)has received your letter requesting clarification of 105
CMR 410.000:Minimum Standards of Fitness for Human flabitation(State Sanitary Code,Chapter 11).You pose.
Several questions and I will respcmd in the order in which they appear.I have included a copy of the regulations and
have referenced specific sections for you to review.
is compliance with the State Sanitary Code mandatory for 117 Wayette St''
All dwellings os defined by the r pul•Itions are subject to the provisions of the regulations,see 105 CMR
410.010(A).
Is the Salem Lrcalth Department obliged to enforce the Sate Sanitary Curd'
N.nforeement of the State Sanitary(,ode is required by Massachusetts General laiw. ,M.(3.L.chapter I 11,4
127A states,"f,a:al boards of health'shall enforce said code in the same manner in which local licalth rules
and regulations are enforced;but,if any such local boards fail after floe lapse of a reaumable length of time to
enforce the stunc,the department may in like manner enforce said code against.any violator.The superior
court shall leave jurisdiction in equity to enforce the provisions of said code and any actions brought to enforce
said provisions shall be advanced for speedy trial."
Does the Sanitary Cade requirement of 70 square foet(sq.ft.)of usable floor space for a room used for sleeping
purposes apply to studio units?
The regulations do not,define or refer to"studio units".These"studio units must"meet the minimum required
square footage as listed in 41.0A00(A)of 150 sq.ft.for the first occupant and 100 sq.ft.for each additional
occupant.The space included in the calculations includes the area used for cooking,but cannot include the
bathroom.
The studio units must have it bathroom to qualify as it dwelling unit and the.70 sq.It.requiruf fora bedroom
would be included within the total 150 sq.ft.mentioned above,.
410Salen)-117 Lafayette St-Interpetations-Reply -2.5-11 Page 1 of2
•
44
•
Does the bathroom in such a studio require a window or a tenant conholled vent fur.
Bathrooms must provide natural or mechanical ventilation,see 105 C:1\1R 410.280.
Does the Massachusetts of Department of Public Health have the capacity to conduct an inspection?
M.(3.L.chapter 1 11,§1.27A,see above,provides for the conditions where the Department may conduct,
inspections when the local Board of Health fails to enforce the regulations;however based on your testimony
and conversations with the Salem 1Iealth.Department,it appears the Salem Health Department has conducted
inspections and that you disagree with their findings.You are entitled to a hearing and appeal in court should
you disagree with the outcome ol'your hearing,see 105 CMR 410.850 through 410.860.
When is Mr.Greenbaum required to do an inspection?
The local Board of Hwfldi is required to investigate all complaints.
When is a Certificate of Fiuress required?
The regulations do not mandate certificates of fitness;however the local Board of lIcalth may adopt bylaws
requiring such documents.
Are actual measurements required to determine square footage'.?Are estimating or guessing acceptable?
Minimum square footage is determined by measuring the habitable rooms,see 1.05 C.M11.410.401.
If you have any questions or would,like to discuss this further,please don't hesitate to contact me.
S'r e /
i Pa .1-Ialfn drun
m
As.islani. irector,C:SP,B-1-1
• Attacbment
Cc: Steven Flughes,Director,CSP,BI:II
David Greenbaum,Acting l.)ireetor,Salem Health Department
41.0-Salcm-1 17lafayette St-loterpetations-Reply 3-25-11 Page 2 of?.
•
•
APPENDIX B
•
4
1`
•
MUNICIPAL PARTICIPATION IN COLLABORATIVE FORM
A signed,completed form needs to be submitted for each participating municipality.
BOH Tobacco Alcohol and Related Public Health Policy Programs RFR# 200218
Participating Board of Health/Health Department Name:Salem Board of Health
Telephone:(978)741-1875 FAX:(978)744-0343
Address:
120 Washington Street
4`a Floor
City/Town:Salem State:MA Zip:01970
Board of Health Contact Person for this Participation Request
First Name: David Last Name: Greenbaum
Title: Acting Health Agent
Telephone(if different than above):( j E-Mail: dgreenbaum@salem.com
On behalf of the town/city of SALEM,I agree,that our board of health will participate in the proposal
submitted by City of Lynn(North Shore/Cape Ann Area Boards of Health Collaborative).
AFFIRMATIONS
On behalf of the town/city of SALEM I agree,that our board of health will:
• support grant staff to promote evidence-based prevention strategies to reduce tobacco use
• and underage alcohol use;
• work with grant staff to enforce smoke-free workplace law;
work with grant staff to enforce violations of local youth access or tobacco sales regulations.
This affirmation is only binding during the time of this grant contract.If this proposal is funded,a
formal Memorandum of Agreement or Inter-Local Agreement will be developed. If this proposal is
funded,the board of health contact person will be offered the opportunity to review and approve the
workpian on an annual basis.
Name: David Greenbaum
Title: Acting Health Agent
Signature Date: March 22,2011
Ilie participation form needs to be signed by one of the following officials:Mayor:C itye l own Manager,Chair of
Board of Health;or Health Department DireoodChief Health Officer or similar official.
•
1
CITY OF SALEM, MASS ACHUSETTS
BOARD OF HEAZZH
• 120 WASHINGTON STREET,4"FLOOR
TEL. (978) 741-1800
KIMBERLEY DRISCOLL FAx(978) 745-0343
MAYOR DGREENBAUM Cnie,sAL.EM.COM
DAVIDGREENBAuM,RS Acting Health Agent Report
ACTING HEALTH AGENT March 2011
Meetings/Trainings
1. Attended the North Shore REACT meeting held by North Shore Elder
Services to discuss issues surrounding elder abuse.
2. Attended a meeting to discuss the Pre-Disaster Mitigation Plan Revision
for flooding required by FEMA.
3. Attended a HHW meeting to meet with representatives of Clean Harbors
to discuss the new HHW pricing and upcoming HHW events.
4. Attended the MHOA Quarterly meeting and training on bed bugs.
5. Attended the North Shore/Cape Ann Emergency Preparedness Coalition
meeting. Items discussed include upcoming deliverables and an update
from the local state advisory committee.
6. Attended the MEHA educational seminar: Nuisance Problems and
Solutions for Local Environmental Health Officials.
Significant Communication or Complaints from Residents
• 1. Mr. Richard Harrell continues to come to the Board of Health office to
inquire about inspections at 117 Lafayette Street. I have explained to
him that the Salem Board of Health will not be conducting an inspection
at this address without a tenant complaint or an order from the court. He
continues to contact the MA DPH. Paul Halfman of the Community
Sanitation Program has responded to Mr. Harrell in writing. (attached as
appendix A is a copy of his response) Mr. Harrell's behavior is
becoming harassing and I have instructed the staff that any request from
Mr. Harrell must be done in writing.
Inquiries or Reports from the Media
In response to an incident in Lynn involving an improperly disposed needle, Tom
Dalton of the-Salem Evening News called to inquire if the Board of Health had
received any calls regarding improperly disposed needles. I explained that the
Board of Health did not get calls of this nature. We periodically receive calls from
residents on how they can dispose of home sharps and we inform that they can
bring them to the Board of Health office and will properly dispose of them.
Mr. Dalton also inquired as to what the Board was discussing in the Executive
Sessions each month. I informed him that the only information I had was that the
Board was discussing a personnel matter and beyond that I had no further
information.
•
Other Public Health Information
Update on the Grant/Collaboration Opportunity
MAPC announced that the North Shore Shared Health Services grant application
was awarded a planning grant for $25,000 to explore a shared health services
agreement.. Planning for the first meeting to discuss this endeavor is in the works
and once a date and time is announced that information will be forwarded to all
Board members.
The Board of Health as signed on to participate in the new tobacco control grant
that will begin in July. The new fiscal agent will be the City of Lynn and the
catchment area will encompass the 15 communities in the Emergency
Preparedness Coalition. (Attached as Appendix B is a copy of the Municipal
Participation in Collaborative Form)
•
•
•
APPENDIX A
•
•
The Commonwealth ol�Massad-ILISCItS •
I,xecutive Office of 1feahh and I luman Services
Deep uiment of"Public i IC.Ilth
Bureau of8nvirotimentrl Health
r.
� Community Sanitation f'rctfr<trn
5 180 Beam, S1.reet.
ncvALL PAIRICK West Boylston, N4A 01583
CrOYr3itNrI
'11Me?TI V r'O R aAv Telephone: 508-792-7880,ext.. 2338
e.IF't:'o:NAKT 470vISRNOR 1'acs i mi l e: 508-792-7 706
)ur)vANN tuonr-NID 'ITY: 508-835-9796
6PrRETAR.V -
JO"Aur rtnA(,J1 Paul.Hal fmann(u)sta.te.ma.us
rY7 WNSTONE'R
March 25,2011
Richard fl.arrell
21 Heritage Dr,,1123 `
Salem,MA 01970 C`
Re: 1]7 Lafayette St_,Saletri �(k�
Dear Mt'-liarrell: xw
'the Massachusetts Iepartment of Public health(Department)has received your letter requesting clarification of 105
C'MR 410 000:Minioium Standards of Fitness for Human habitation(State.Sanitary Gone,Chapter 11).You pose
several questions and t will respond in the order in which they appear.I have included a copy or the regulations and
have referenced specific sections for you to review.
Is compliance with the State Sanitary Code mandatory for 117 l,afiayette tit?
All dwcllingx as def ned by the;r'egllatiotts are subject to the provision:of the regulations,see 105 C-;MR .
4 10 01 U(A),
Is the Salem Health Department obliged to enforce the Sate Sanitary Code?
Enforcement of the State Sanitary Corse is required by Massachusetts(iencral 14tw, NI,G1-chapter 111,
127A states,"IAx:al boards of health s hall enforce said code in the same manner in which local health ernes
and regulations are ruforczd;but,if any such Icx:al boards fail after the lapse of a reasonable leng0r of time to
enforce the srunc,the department may in like manner enforce said code against any violator.The superior
court shall have jurisdiction in ecprily to enforce tine provisions of said code and any actions brought to enforce
said provisions shall be advanced for speedy trial."
foes the Sanitary Code requirement of 70 square feet(sq.ft.)of usable floor space for it room used for sleeping
purposes apply to studio units?
The regulations do not define or refer to"studio units".'These"studio units must"meet the minimum required
square footage is listed in 41.0.400(A)of 150 s+ft. for the first occupant an(] 100 sq,ft.for each additional
occupant.'I,1le Space Included in the calculations includes the area used for cooking,but Cannot include the
bathroor.
The studio uniis must have it bathroom to qualily as a dwelling unit.and the 70 sq.It.required fora bedroom
would be included within the total 150 sq.ft.mentioned above.
410-Satcn-I I'i L:dayettcSt-lnlcrpetalir+ns-tieplya-2.$-11 Page 1 of?
•
I
• Does the bathroom in such a studio require a window or a tenant controlled vent fan?
Bathrooms must provide natural or mechanical ventilation,see 105 CMR 410.2280.
Does the Massachusetts of Department of Public health have the capacity to conduct an inspection?
M.G.L.chapter I 11,§1.27A,see above,provides for the conditions where the Department may conduct
inspections when the local Board of l=lealth fails to enforce the regulations;however based on your testimony
and conversations with the Salem Health.Department,it appears the Salem Health Department has conducted
inspections and that you disagree with their findings.You are entitled to a hearing and appeal in court should
you disagree with the outcome of your hearing,see 105 CMR 410.850 through 410.860.
When is Mr.Greenbaum required to do an inspection?
The local Board of Health is required to investigate all complaints.
When is a Certificate of Fitness required?
The regulations do not mandate certificates of fitness;however the local Board of Ilealth may adopt bylaws
requiring such documents.
Are actual measurements required to determine square footage?Are estimating or guessing acceptable?
Minimum square footage is determined by measuring the habitable rooms,see 105 C.MR 410.401.
If you have any questions or would.like to discuss this further,please don't hesitate to contact me.
S le
Pa .I-lalfn&n
Assistant�irector,C:SP,.BY-14
• Attachment
Cc: Steven I lughes,Director,CS.P,B13II
David Greenbaum,Acting I:)irector,Salem Health Department
41.0-Saletn-1 171-.ad'aycite,tir-Int:crpetations-Reply 3-25-11 Page 2 of 2
•
•
APPENDIX B
•
•
•
MUNICIPAL PARTICIPATION IN COLLABORATIVE FORM
A signed,completed form needs to be submitted for each participating municipality.
BOH Tobacco Alcohol and Related Public Health Programs RFR# 200218
Participating Board of Health/Health Department Name:Salem Board of Health
Telephone:(978)741-1875 FAX:(978)744-0343
Address:
120 Washington Street
4t"Floor
City/Town:Salem State:MA Zip:01970
Board of Health Contact Person for this Participation Request
First Name: David Last Name: Greenbaum
Title: Acting Health Agent
Telephone(if different than above):( ) E-Mail: dgreenbaum@salem.com
On behalf of the town/city of SALEM,i agree,that our board of health will participate in the proposal
submitted by City of Lynn(North Shore/Cape Ann Area Boards of Health Collaborative).
AFFIRMATIONS
On behalf of the townicity of SALEM I agree,that our board of health will:
• support grant staff to promote evidence-based prevention strategies to reduce tobacco use
• and underage alcohol use;
work with grant staff to enforce smoke-free workplace law;
work with grant staff to enforce violations of local youth access or tobacco sales regulations.
This affirmation is only binding during the time of this grant contract.If this proposal is funded,a
formal Memorandum of Agreement or Inter-Local Agreement will be developed. If this proposal is
funded,the board of health contact person will be offered the opportunity to review and approve the
workpian on an annual basis.
Name: David Greenbaum
Title: Acting Health Agent
i
Signature _ Date: March 22,2011
11rc pnrticipntion form needs ro be signed by one of the following officials:Mayor.Cityfl own Managcr;Chair of
Board of Healtb;or I-lealth Departnw it Director/Chief Health Officer or similar ofticial.
•
Administration Monthly Report
March-II
Burial Permits @$25.00 $1,225.00.
Permits $2,840.00
Certificate of Fitness@$60.00 $2,500.00
Copies $0.00
Fines
Total Monies Collected = $6,565.00
Annual Budget Expended Finance Dept Total$ Available Balance as
Transferred on 1118110 of 2/28/11
Total Salary/Longevity $337,609.00 Q $203,947.90 $4,571.66 $138,232.76
Money Available For Spending $3,039.20
Money Available in Purchase
Orders $9,056.07
Annual Budget Expended Available Balance
O
Non-Personnel $21,200.00 $9,104.73 $12,095.
Purchase Order Breakdown Breakdown of Money Available
Office Supplies $3,176.49 $289.20
Medical $3,191.58 $0.00
Rodent Control $975.00 $0.00
Beach Water Testing $460.00 $0.00
Mileage Reimbursements $1,253.00 $2,750.00
Total $9,056.07 $3,039.20