MEETING PACKET JANUARY 2018 JANUARY 2018
. ,ti
CITY OF SALEM, MASSACHUSETTS
BOARD OF HEALTH
120 WASHINGTON STREET,4'FLOOR pPubUcKeeft
rerent.Promote.
p 8) 741-1800 FAX(978) 745-0343
WAN _
KIMBERLEY Dm,S i+' Iramdin@salem.com
- �
LARRY RAMD.IN,RS/REHS,CHO,CP-FS
MAYOR CITY CLERK HEAufI-iAGENT
SALEM, MASS NOTICE OF MEETING
You are hereby notified that the Salem Board of Health will hold its regularly scheduled
meeting Tuesday, January 9, 2018 at 7.00 PM
City Hall Annex 120 Washington Street Room 313 ,
MEETING AGENDA
- a
0
M
1. Call to ordercc
a0
O s
2. Approval of Minutes m wj
3. Chairperson Communications "
CO
4. Public Health Announcements/Reports/Updates Q
a. PHN Report w
b. Health Agent O A .�
c. Administrativea vi o`
d. Council Liaison Updates ® 0
5. Reorganization of the Board o Lo
Cn
6. Discussion of the Health Department's budget request for next year
O 6 � C
7. Board of Health program planning & city health status discussion _
a. Discussion of Sarah Corley's community health report
b. Kimberly Waller— Salem-specific data presentation ~ V t° `)
8. New Business/Scheduling of future agenda items
• Items that could not be anticipated prior to the posting of the agenda
Larry Ramdin, Health Agent
cc: Mayor Kimberley Driscoll, Board of Health, City Councilors
Next regularly scheduled meeting is February 13,2018 at 7:00pm at City Hall Annex,
120 Washington Street Yd Floor Room 313.
Know your rights under the open meeting law MGL chapter 30A ss. 18-25 and City
Ordinance section 2-2028 through 2-2033
CITY OF SALEM
BOARD OF HEALTH
MEETING MINUTES
December 12, 2017
MEMBERS PRESENT: Paul Kirby, Chair, Dr. Jeremy Schiller, Mary Lauby, Nancy Crowder
EXCUSED: Kerry Murphy, Beth Gerard, Council Liaison
OTHERS PRESENT: Larry Ramdin, Health Agent, Suzanne Darmody, Public Health Nurse, Maureen Davis, Clerk
of the Board, Katie Crane, SSU Public Health Nursing Student (interviewed Board members and observed meeting),
Geri Yuhas, former nurse practitioner and friend of Nancy Crowder
j
l
TOPIC DISCUSSION/ACTION
ww
1. Call to Order 7:05pm
2. Minutes of Last Meeting N. Crowder motioned to approve minutes. J. Schiller 2"d All in
x
(November 14, 2017) favor. Motion ypassed.
3. Chairperson Announcements NancyCrowder will be resigning from the Board after the February
meeting4or personal reasons�%,PI,Kirby thanked her for her service and
wished her well. ��Lni,,her
Dr. KimberlyWr will hol f
alle presentation until next month.
4. Monthly Reports-Updates .i
a. Public Health Np"",;�qqting
A representative from.sGSK will speak at the Public Health Nurse's
Nurse's Report thisrmonth about the shingles vaccine. The shot is free at age 65.
Schools are askmg'about getting Narcan. We could possibly purchase it
thronghfopioid reduction grants. Salem was the first police department to
have officers carrying Narcan.
ftinni of January, S. Darmody will go to the Council on Aging the
2nd Wednesday on the month for blood pressure screenings.
COPY available at the BOH office.
b. Health Agent's L.}Ramdin received an email from Mary Wheeler regarding the syringe
Report ,,exchange program. Healthy Streets is not advertising the program and
they are starting slowly with house calls, etc.
J. Schiller would like Mary to come to a meeting in January or February
to get a baseline of the program. L. Ramdin will contact Mary to set up a
time.
Pilot money for the program has run out, but Governor Baker has
earmarked money for syringe exchange programs.
L. Ramdin will be on vacation for three weeks beginning on December
• 18th and returning on January 8th. Sharon in Peabody and Jeff from
Swampscott will cover for emergencies in his absence. Full contact
information for them will be provided to the Board.
New childhood lead poisoning regulations for rental properties. Blood
levels have been reduced. Updated regulations were provided to the
• Board.
P. Kirby will resend Kimberly Waller's two presentations.
Major changes to the Certificate of Fitness regulations are that every
apartment must be inspected every three years. In the past, inspections
were only required when a unit was vacated.
Based on 9,700 rental units, the numbers work out to 37 inspections per
day for the department.
In fiscal year 2017 a new position of assistant building
inspector/sanitarian was created and assigned to the building department.
Training and skill sets required,to`Conduct a housing inspection under the
state sanitary code is completelydifferent than those for a building
inspection. „ g �
ct
N. Crowder asked if the mspeions.include owner-occupied properties.
L. Ramdin said only�for 3rfamilies"31fS4there are no issued, inspections in
owner-occupied,pr`op hies can go to every five years. Condos are not
included.
Air BnBs are supposed to get annual inspections. P. Kirby asked how we
track the Air BnBs !4Ramdm'said online, but difficult to track.
Pop-ups,continue. Once vendors have a history of pop-ups and
inspections and they do not have PHF, there is no need to inspect every
pop-UP ��""� ` >, .
M. Laub asked'about the status�of 62 on Wharf. L. Ramdin said David
Bowie is sharing space and,would4ike to have a shared kitchen. He has
r, max , y
twd heavy-duty kitchens With,shared kitchens, two people cannot
occupy the same space at the same time.
A person wouldlhlce to open an alternative protein establishment i.e.
s insects:;wL,. Ramduil�has researched extensively and sees no specific
challenges with it.
� Th-department's'o ei-tune budget is just for inspections.
Copy,�available at'the BOH office.
p 't
c. Administrative �N<<Crowder asked about the low burial numbers in October compared to
Report ; other months. M. Davis will investigate.
Copy available at the BOH office.
d. City Council 4� Beth Gerard not present.
Liaison Updates +s' r
J. Schiller motioned to approve the reports. N. Crowder 2"d All in
favor. Motion passed.
5. Discussion of the Health With regard to the budget letter to the Mayor, P. Kirby said an inspector
Department's budget request for seems to be the top priority.
next year— budget priorities for J. Schiller said the letter is to request more funding as the department is
• FY 19 under stress to meet demands. It is a compelling argument since food
permits are up 700%.
L. Ramdin pointed out that the court's authority to put a problem property
in receivership is based on the Health Department's information. If the
landlord doesn't respond, the court appoints a receiver to fix all the
• problems, then the property is sold. Usually happens quickly because the
receiver gets paid first.
P. Kirby will email changes to the budget letter and ask members for
input.
L. Ramdin said we should get the final letter in by the February meeting
to give to the Mayor in February.
6. Board of Health program
planning & city health status
discussion
a. Larry Ramdin— L. Ramdin gave a PowerPoint presentation of the role, function, authority
Role, function, and scope of the Board,b"Md-alth.'`He will send a copy to Board
authority and members. r�
scope of the DEP has final approval'of changes
Board of Health It is always good to'have a public hearing before voting on a regulation.
There is a legal"definition in state law regarding Health Dept. vs. Board of
Health. It is found°in MGL Chapter 111 where Board of Health and
HealtWDepartment are.deaed.�"
The Health`zAgent and staffunplements Board decisions.
7. New Business /Scheduling of f . Discussion of Sarah,Corley community health report
• future agenda items -, =. Kimberly Waller,,s°presentation
gel Beth Gerard-;,update on.plastic bags
�p�� Opioid discussion
� k1Vl4ry Wheeler} February meeting?
r"'
.f r tj." * ...n
8. MEETING ADJOURNED: � �N Crowder motioned to adjourn the meeting. M. Lauby 2°d
in favor. Motion passed.
8 '55pm
Respectfully submitted `` "
*.O
Maureen Davis
Clerk of the Board
Next regularly scheduled meeting is Tuesday, January 9, 2018 at 7:00pm
At City Hall Annex, 120 Washington Street,Room 313, Salem,MA
0
Suzanne Darmody RN BSN
Salem Board of Health
Public Health Nurse
Public Health Nurse Report
Reporting on December 2, 2017 through January 1, 2017
Disease Prevention and Health Promotion
• Investigated reportable diseases and reported case information to MDPH.
• Coordinating follow up with North Shore Pulmonary Clinic on tuberculosis cases.
• Continually recording and submitting refrigerator temperature logs, flu doses and clinic
information into the Massachusetts Immunization Information System(MIIS) for up to
date vaccine records and better continuity of care between clinics and providers.
• Posted Facebook, Twitter and Instagram posts regarding foodborne illness, food safety
for holiday preparations and a CDC table of illness which may or may not require
antibiotics.
• 17 flu vaccines given to school staff at clinic held on December 19'h
• Meetings/Traininas
• Next session with Diane Dube, local nutritionist, held on December 6ch for helpful tips
and recipes for the holidays.
• Attended a webinar on Dec 13`h on Foodborne illness conducted by MDPH.
• Conducted a table top training on foodborne illness follow up and investigation with
Larry Ramdin and the health inspectors.
• Attended the NSPHN meeting on December 20", a representative from Glaxo Smith
Klein presented on their new Shingles vaccine.
• The monthly Northshore Cape Ann Emergency Preparedness meeting has been moved to
January loth. Submitted the required documents to meet December deliverables and
precipitated in a state wide emergency drill.
• Marliyatou Diallo, A Salem State University RN to BSN student completed her clinical
rotation on December 20`'
• Beginning visits to the Council on Aging January 10'h for blood pressure screenings and
other education.
I --
• Monthly Report of Communicable Diseases: December 2017
Disease New Carry Over Discharged/ Total#Of Running Total for Total for
Reported Cases this Total for 2016 2015
Closed Month 2017
Tuberculosis 0 1 0 1 2 4 4
(Active)
Latent 0 0 0 0 37 31 47
Tuberculosis*
Arbovirus* 0 0 0 0 0 0 0'
Babesiosis 0 0 0 0 0 0 1
Calicivirus/No 0 0 0 0 1 0 1
rovirus
Campylobacte 1 0 1 1 3 15 11
riosis
Chikungunya 0 0 0 0 0 0 0
Dengue* 0 0 0 0 0 0 0
Ehrlichiosis 0 0 0 0 0 0 0
Enterovirus 0 0 0 0 0 0 1
Group A 0 0 0 0 3 0 4
Streptococcus
Group B* 0 0 0 0 4 2 7
Streptococcus
Human 0 0 0 0 0 1 11
Granulocytic
Anaplasmosis
Haemophilus 0 0 0 0 3 2 1
Influenzae
•
*Zorted
ease New Carry Over Discharged/ Total#Of Running Total for Total for
Cases this Total for 2016 2015
Closed Month 2017
Hansen's 0 0 0 0 0 0 0
Disease
Hepatitis A 0 0 0 0 0 0 0
Hepatitis B* 0 0 0 0 4 8 0
Hepatitis C* 3 0 3 3 31 30 29
Influenza* 7 0 7 7 74 19 29
Legionellosis 0 0 0 0 0 2 1
Lyme 0 0 0 0 0 0 2'
Disease*
(0) (0) (0) (24) (27**)
(Probable)
Malaria 0 0 0 0 0 2 0`
Measles 0 0 0 0 0 , 1 0
Meningitis 0 0 0 0 1 0 0
Mumps 0 0 0 0 0 1 0
Pertussis 0 0 0 0 0 1 1
Sahnonellosis 0 0 0 0 8 11 6
Shigellosis 0 0 0 0 0 3 0
Streptococcus 0 0 0 0 5 8 3
Pneumoniae*
Varicella* 0 0 0 0 0 1 0
Vibrio 0 0 0 0 0 1 0.
West Nile 0 0 0 0 0 0 0
•
� Disease New Carry Over Discharged/ Total#Of Running Total for Total for
Weported Cases this Total for 2016 2015
Closed Month 2017
Yersiniosis 0 0 0 0 0 0 l
Zika Virus 0 0 0 0 0 1 0'
Infection
Total 11 1 11 12 165 204 140
December 2017
*Notifications only, LBOH not required to follow up or investigation per DPH.
**Total reflects cases that have also been reported as suspect cases.
All Communicable disease totals above are subject to change in the event that the follow-up investigation
results in the revocation of the diagnosis.
Yearly totals for 2016 have been updated for year end with the number of CONFIRMED cases.
•
Summary of Current Communicable Diseases
Tuberculosis:
Active Case:
As part of the follow up contact investigation, all patients with positive PPDs (tuberculosis skin tests)
were referred to the NSMC pulmonary clinic for chest x-rays.This case had an x-ray suggestive of
Tuberculosis in conjunction with a large positive skin test. Medications and D.O.T. has been started 5
days per week. Sputum samples are pending final results for 60 days. However, the patient is smear
negative for acid fast bacilli and is not considered contagious. This patient will continue to be treated by
NSMC. D.O.T. and medication management has been continued until treatment in completed. A follow-
up chest x-ray showed improvement while on the Tuberculosis treatment. A second round of contact
testing is ongoing, 5 contacts have been re-tested and all results were negative, 4 others still need to be
tested but have been away for vacations.
•
Campylobacteriosis
• Case 1:
This case was diagnosed and treated at an urgent care center. I was unable to reach the patient by phone
and had no response by mail, but I was able to receive some information from the nurse whom cared for
the patient. They had no history of recent travel or of known consumption of undercooked or high-risk
foods however, they did say that they had contact with individuals who had had similar symptoms in
setting outside of Salem. The urgent care followed up with the patient after the stool sample came back
positive, their symptoms were resolved and they were also started on antibiotics. At this time there are no
further cases and the case is closed.
Suspect Pertussis:
Case 1: This case diagnosed from an Emergency room visit, at this time this is a suspect case and they
have been treated. Due to the timing of the cough onset the infectious period has passed and contacts are
not able to be treated prophylactically, however, they are to be on symptom surveillance. I have been
unable to reach this patient by phone and have mailed a letter to their home for further follow up/teaching.
•
Health Agent report 2017
• Announcements/Update
• The Inauguration of the Mayor and City Council was held on January 1
• Councillor Beth Gerard was elected City Council President and remains as the Board of
Health Liaison
Community Outreach
• The Expect Students finished their project and developed a great video on Opiate in
Salem
• I met with a Student doing as MS in Government at Suffolk to discuss role of the Board
and its functions and the role of the Department
• I met with students attending the LEAP program to discuss trash in the Point
Neighborhood and activities they can do to better inform their fellow residents on good
trash handling practices.
Meetings and Trainings
• Health Agent and Public Health Nurse conducted an in-service on Food Borne Illness
Investigations and interviewing for Environmental Health staff.
• I participated in a Massachusetts Asthma Action Partnership leadership conference call
to discuss Asthma Awareness day scheduled for May 1 at the State House
• I attended an online webinar hosted by the USDA on Listeria Controls
Environmental Health Activities
• The cold weather has brought several complaints on no heat in rental units and the
Inspectional staff responded
Inspections
• Item Monthly Total YTD 2016 Total
Certificate of Fitness 18 383 506
Inspection
i
Certificate of Fitness 1 47 42
re-inspection
Food Inspection 17 249 241
Food Re-inspections 2 83 31
Retail Food 1 33 17
Inspections
Retail Food 1 14 12
re-inspection
• Temporary Food 17 249 48
General Nuisance 2 34 26
Inspections
Food— 1 1 2
Administrative
Hearings
Housing Inspections 13 99 94
Housing re- 3 46 25
inspections
Rodent Complaints 1 46 24
Court 1 4 3
Hearings/filings
•
Item YTD 2016
•
Trash Inspections 49 906 574
Orders served by 1 4 3
Constable
Tanning Inspections 0 0 0
Body Art 0 0 0
Swimming pools 0 22 9
Bathing Beach 0 123 108
Inspection/testing
Recreational Camps 0 6 6
• Lead Determination 0 1 2
Septic Abandonment 0 2 0
Septic System Plan 0 0 0
Review
Soil Evaluation 0 0 0
Percolation tests 0 0 0
Total 128 2338 1699
•
Health Dept. Clerical Report FY 18 •
BurFal Permits Permits Plan Reviews Certificate of Copies / Fines Revenue Permit Fees
Jul -17 $900.00 $4,350.00 $630.00 $1,800.00 $300.00' $7,980.00 Food Service Est. <25seats $140
August $700.00 $1,670.00 $270.00 $1,500.00 $4,140.00 25-99seats $28o >99seats s420
September $900.00 $4,530.10 $270.00 $2,350.00 $200.00 $8,250.10 Retail Food <l000sq, s70
October $1,225.00 $2,910.80 $540.00 $1,550.00 $6,225.80 1000-10,000 $280 >10,000 s420
November $1,075.00 $10,620.00 $90.00 $1,450.00 $50.00 $13,285.00 Temp.Food 13days s35
December $825.00 $64,390.00 $0.00 $1,400.00 $900.00 $67,515.00 e 4-7days s7o >7days s
January-18 Example of>7 day temp food permit:
$0.00 14(days)divided_ bY7=2 x s70=$140
February $0.00 Frozen Desserts $25
March $0.00 Mobile Food $210
April $0.00 Plan Reviews New s18o
May $0.00 `Remodel sgo
June Catering $25 pereventl$2oo
$0.00 catering kitchen
Body Art Est. $315
Total $5,625.00 $88,470.90 $1,800.00 $10,050.00 $1,450.00! 1$107,395.90 Body Art Practitioner s135
Review Plans s18o
Fiscal Year Budget 2018 Suntan Est. $140
Rec.Day Camp $10
Salary Starting Ending Expenses Ext.Paint Removal s35
Full Time $412,115.00 $236,712.11 Starting Ending Transport Off.Subst. s1o5
Part Time $43,354.00 $29,098.27 $32,500.00 $16,977.28 Tobacco Vendors $135
Overtime $4,000.00 $533.56 lswimming Pools Seasonal $140
Balance $459,469.00 $266,343.94 Health Clinic Revolving Account Annual$210 Nonprofit$40
$9,905.38 Title V Review $180
Well Application $180
Disposal works $22SI180
Breakdown of Permits and Fines
December 2017
Permit Description Total Permits Issued Permit Cost Total
Annual Food - Non-Profit 23 $25.00 $575.00
Annual Food - Hotel 1 $200.00 $200.00
Annual Food - B&B/Inn 6 $100.00 $600.00
Annual Food - School 10 $100.00 $1,000.00
Annual Food - <25 seats 50 $140.00 $7,000.00
Annual Food - 25-99 seats 60 $280.00 $16,800.00
Annual Food - >99 seats 26 $420.00 $10,920.00
Annual Food - Retail <1,000sq' 31 $70.00 $2,170.00
Annual Food - Retail 1,000-10,000sq' 34 $280.00 $9,520.00
Annual Food - Retail >10,000sq' 6 $420.00 $2,520.00
Food -Temporary Pop Up(1-3 days) 15 $35.00 $525.00
Body Art Establishment 4 $315.00 $1,260.00
Body Art Practitioner 16 $135.00 $2,160.00
Burial Permit 33 $25.00 $825.00
Catering -Annual 1 $200.00 $200.00
Certificate of Fitness 28 $50.00 $1,400.00
Late Filing Fee 8 $100.00 $800.00
Mobile Food 2 $210.00 $420.00
Frozen Dessert 7 $25.00 $175.00
Perc. Test 1 $225.00 $225.00
Pool 1 $40.00 $40.00
Septage Hauling (per truck) 10 $105.00 $1,050.00
Tanning 2 $140.00 $280.00
Tobacco 50 $135.00 $6,750.00
Tobacco -Ticket Violation 1 $100.001 $100.00
Total # = 426 Total $67,515.00
t >
In the year Two Thousand andSeventeen
A Aa m ec to amend the Ordinance relative to Chapter 2,Administration,Article IV.
Boards Commissions Committees and
Authorities
Be it ordained 6y the City Council of the City of Salem, as fofCows.
DIVISION 3. BOARD OF HEALTH
Section 2-705.- Certificate of fitness of rented dwelling unit, apartment or tenement is
hereby amended by deleting subsections(a)through(d):
"(a) Owner/lessor responsibility. Whenever a rented dwelling unit, apartment, or
tenement, other than one in a hotel or motel, is vacated by the occupant thereof or prior
to such vacancy, the owner or lessor of such residential property shall be responsible for
notifying the board of health of such vacancy and for scheduling an inspection required
by this section.
(b) Certification required;fee. Such unit must be certified by the board of health or its
agents as meeting 105 CMR 410.000, State Sanitary Code, Chapter II, Minimum
Standards of Fitness for Human Habitation, as promulgated and from time to time
amended by the state department of public health prior to being reoccupied by a new
occupant. The.fee-for such a certificate shall be$50.00.
(c)Refusal of certification. If, after any inspection by the board of health or its agents
pursuant to this section, an inspector refuses to issue a certificate of fitness, such
inspector shall issue a written order or copy of the inspection form setting forth the
violations of chapter 11 of the state sanitary code existing in the unit,which must be
corrected before a certificate of fitness may be issued. It shall be the responsibility of
the owner or lessor receiving such order to notify the board of health when such
violations have been corrected.
(d) Time limitations on inspections. The board of health shall make such an inspection
within five working days of notification. If the inspection shall not have been made
within five working days,the owner or lessor may rent the unit."
And replacing them with:
a)Purp
ose.ose. To ensure that all rental units within the city are fit for human habitation
( P Y
and meet the requirements of the sanitary code, all rented dwelling units, apartments,
or tenements, other than those in a hotel or motel or otherwise exempted from this
ordinance, shall be required to obtain a certificate of fitness at least every three years
and every time a new tenant occupies a rental unit.
(1) Three-year inspection requirement. Every three years, each rental unit,
excluding those in owner occupied two- and three-family homes or those which
have provided proof of passing a HUD inspection within the previous three
years, shall be inspected to ensure compliance with the state sanitary code and
city ordinances. Any dwelling unit, apartment, or tenement which has not been
found in violation of any sanitary or building code provisions and has not
received any disorderly house citations in the three-year period since last
inspected will be subject to inspection every five years, provided there has been
no change of ownership or tenancy. The three-year inspection requirement shall
not apply to any owner-occupied unit regardless of the number of units in the
building.
(2)Inspection upon change of tenancy. Each rented dwelling unit, apartment, or
tenement, including those in owner occupied two- and three- family homes,
shall be subject to inspection whenever they are vacated by the occupant thereof
or prior to such vacancy. The owner or lessor of such residential property shall
be responsible for notifying the board of health of such vacancy and for
scheduling an inspection required by this section. A change in tenancy shall not
include circumstances where the change results in an owner becoming the new
occupant of the unit.
(3) Short-term rentals. A certificate of fitness shall also be required for any
owner of residential property who rents or leases a dwelling or any portion of a
dwelling on a short-term basis. "Short-term" shall be defined as fewer than
fourteen days in any one year. Owners who intend to offer such short-term
rentals to tourists must notify the board of health to register the property as such
and schedule an inspection to receive a certificate of fitness. This registration
• and certificate must be renewed every year or upon a change in ownership, but
not upon any change in the short-term tenancy.
(4)Problem property. Any rental dwelling unit, apartment, or tenement located
at an address to which the police department has been called to not fewer than
four,(4) times within the preceding twelve (12)month period for any incident
involving any arrestable offense including, but not limited to, disturbing the
peace, trespassing, underage drinking or assault; or where the inspectional
services department and/or the board of health have received no fewer than four
(4) sustained complaints within the preceding twelve (12)month period,may be
deemed a"problem property" and subject to annual inspection at the discretion
of the director of inspectional services or the board of health agent.
(b) Certification required;fee. Such unit must be inspected and certified by the board
of health or its agents as meeting 105 CMR 410.000, State Sanitary Code, Chapter II,
Minimum Standards of Fitness for Human Habitation, as promulgated and from time
to time amended by the state department of public health. The fee for such an
inspection shall be $50.00 per unit.
(c)Refusal of certification. If, after any inspection by the board of health or its agents
pursuant to this section, an inspector refuses to issue a certificate of fitness, such
inspector shall issue a written order or copy of the inspection form setting forth the
violations of chapter II of the state sanitary code existing in the unit, which must be
corrected before a certificate of fitness may be issued. It shall be the responsibility of
the owner or lessor receiving such order to notify the board of health when such
violations have been corrected. The initial inspection fee shall cover the cost of the
initial inspection and one re-inspection of the unit. An additional fee of$50.00 shall
be imposed for the third and any subsequent inspections.
(d) Time of inspections. The board of health or its agents shall make such an
inspection within ten working days of notification from the owner as to a change of
tenancy or the intent to establish a short-term rental. If the inspection shall not have
been made within ten working days, the owner or lessor may proceed to rent the unit
provided the owner arranges for an inspection to occur within thirty days of
notification. The health agent, in consultation with the director of inspectional
services, shall establish a schedule for the inspections required under this provision."
•
DIVISION 3.BOARD OF HEALTH
Section 2-705.-Certificate of fitness of rented dwelling unit, apartment or tenement is
hereby amended by deleting subsections (g)through(k):
"(g)Records. Whether or not a certificate of fitness has been issued by the board of
health for a particular unit shall be a matter of public record.
(h)Penalties. Any owner or lessor of such property used for dwelling purposes failing
to comply with this section shall pay a fine of up to $20.00 each and every day that he
allows any person to live, occupy, or inhabit the premises without having received a
certificate of fitness-from the board of health for a particular unit.
(i)Reinspections. No rented dwelling unit, apartment, or tenement shall be required to
be certified for occupancy more than once in any consecutive 12-month period.
0)Exemptions. Exemptions from this section shall include property owned and
managed by the city housing authority and any new construction completed less than
five years prior to date on which the rented dwelling unit, apartment, or tenement
becomes vacant. Also exempted from this section is property consisting of 100 or more
• rental units that is subject to periodic inspections by the state housing finance agency,
the Metropolitan Housing Assistance Program,the Department of Housing and Urban
Development, and/or the city housing authority.
(k)Right to inspect. The board of health reserves the right to inspect any dwelling unit,
apartment,or tenement at any time."
And replacing them with:
"(g)Records. Owners shall keep a register listing the names of tenants and dates of
tenancy for the previous five years, including any short-term tenants, and make such
record available for to the board of health inspector upon request. The owner's
register shall not be retained by the board of health and shall not be a public record
under the law. Whether or not a certificate of fitness has been issued by the board of
health for a particular unit shall be a matter of public record.
(h)Penalties. Any owner or lessor of such property used for dwelling purposes failing
to comply with this section shall be subject to a fine of$50.00 each and every day that
he allows any person to live, occupy, or inhabit the premises without having received
a certificate of fitness from the board of health for a particular unit upon a change in
tenancy or upon failure to comply with the inspection requirement.
•
v 1
(i) Certification requirement limited. Absent a change in tenancy or ownership, no
rented dwelling unit, apartment, or tenement shall be required to be certified for
occupancy more than once in any consecutive three-year period, unless the property
has been determined by the director of inspectional services or the board of health
agent to meet the criteria for designation as a problem property so as to be subject to
annual inspection.
0)Exemptions. Exemptions from this section shall include property owned and
managed by the city housing authority. Also exempted from this section is property
consisting of 100 or more rental units that is subject to periodic inspections by the
state housing finance agency, the Metropolitan Housing Assistance Program,the
Department of Housing and Urban Development, and/or the city housing authority.
Any new construction completed less than five years prior to the date on which the
rented dwelling unit, apartment, or tenement becomes vacant shall not be required to
be inspected under this section unless it has been designated as a problem property as
provided above.
(k)Right to inspect. Notwithstanding the foregoing, the board of health reserves the
right to inspect any dwelling unit, apartment, or tenement in accordance with the
provisions of the state sanitary code."
In City Council March 23, 2017
Referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted
with the Committee of the Whole
In City Council April 13, 2017
Referred to the Committee on Public Health, Safety and Environment co-posted
with Committee of the Whole
In City Council November 16, 2017
Adopted as Amended for first passage
In City Council December 7, 2017
Adopted for second and final passage
Approved by the Mayor on December 12, .2017
ATTEST: CHERY A. LAPOINTE
CITY CLERK
•
City of Salem
l
In the year 2'wo qViousand and siveen.
An ordinance to restrict the use of disposable' plastic bags'in retail establishments.
Be it ordained.6y the City Council of trig City of�'4C q as f ofCows.
Section 1. Chapter 14- Business Licenses and Fees is hereby amended to"by adding the
following new Article:
"Article VII.Use of Disposable Plastic Bags at-Retail Business Establishments.
Sec. 14.500. Purpose.
The reduction in the use of disposable plastic shopping bags by retail establishments in the city,is a public
purpose that protects the marine environment, advances solid.-waste:reduction,reduces;greenhouse!gas
emissions,and protects waterways.'This ordinance seeks to reduce the number of plastic:bags.that are
being used,discarded and littered,and to promote the use oi'reusable.checkout:bags and recyclable paper
bags by retail,establishments located inthe city:
• Sec. 14-501.Definitions,
The.following words shall,unless the context clearly requires otherwise,have the°following meanings:
Disposable plastic shopping bag means any checkout;bag:made"predominately:of.plastic derived from
either petroleum, natural gas,or a biologically based source;such as corn or other plant sources,which.is
provided to a customer at the point of sale:The term;"disposable plastic shopping bag"includes:
(]),Degradable plastic bags;and
(2)Biodegradable plastic bags that-are not commercially compostable as well,as commercially
compostable plastic bags;
The term"disposable plastic shopping bag"shall not include:
(1) Reusable bags;
(2)Produce bags;,or
(3)Product bags.
As used in this definition,the term"produce flag`or,"product°bag"means any bag without handles used
exclusively to carry produce, meats or other food items to:the,point of sale inside_a,store.or to prevent
such food items from coming into direct-"contact with other purchased items.
Checkout bag'means a carry-out bag"provide&by a.retail establishment to a.customer at'the point of sale:.
Cheekout.bags shall not include:
(1) Bags,whether plastic or not,inwhich loose produce,or b6lk products are'placed.by the
consumer to deliver such items to the point.of sale or check out area of the retail establishment;
(2) Laundry or dry cleaner bags;
(3) Newspaper bags;or
(4) Bags used to:contain or wrap frozen foods,meat.or.ftsh,whether prepackaged or not,to
prevent or contain moisture and/or prevent contamination.
Reusable bag means a bag that is specifically designed and manufactured for multiple_reuse and is either
polyester,polypropylene,cotton or other durable material,.and meets the following requirements:
(1) Has a minimum lifetime capability of 125 or more uses carrying 22 or more pounds;and
(2) Is machine washable orris made.of a material that can be cleaned or disinfected 125.times..
(( ) Has a thickness of greater than 4 mil.
Recyclable paper bag means a paper bag that is.100 percent recyclable and.contains at leasiA percent'
post-consumer recycled content;and displays the words"Recyclable"and"made from 40%post
consumer recyclable content"in a visible manner on the outside of the bag.
Retail establishment means any commercial enterprise,defined'as the following whether for or not for
profit; including,but not limited-to,,restaurants,pharmacies,convenience and grocery stores, liquor
stores,seasonal and temporary businesses,.jewelry stores,and household goods stores.
Sec. 14-502., Prohibition on disposable plastic shopping bags.
• No retail establishment shall provide a disposable plastic shopping bag to any customer for the purpose,of
enabling the customer to.carry away goods from.the point of sale.Nothing in this.section shall be read to
preclude any establishment from making reusable bags available for sale-to customers or.util,i'zing.
recyclable paper bags.at checkout.,
Sec. 14-503.Penalties and enforcement.
The penalty for each violation that occurs after the issuance of the warning notice shall be in;accordance
with section 1-10(b)ofthe.Code of Ordinances.The:waming notice issued for the first offense shall`
provide at least 14 days to correct the violation.No fine.for the second offense shall be issued until at
least 14 days after the warning is issued. This ordinance may be enforced by any police officer;
enforcement officer or agent ofthe Board of Health or,Licensing Department.
Sec. 14=504. Effective date.
This ordinance shall take effect on January 1,2018."
In City Council October 27., 2016
Adopted for first passage
In City Council November 17, 2016
Adopted for second and final passage
Approved by the Mayor on November 21, 2016
ATTEST: CHERYL A. _LAPOINTE
CITY CLERK
•