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2010 WILLIS TUTTLE CONDO SEASONAL POOL PERMIT - ESTABLISHMENTS V010 WILLIS TUTTLE CONDO j Seasonal Pool Permit 1838 Federal St. u a John Zisa Field Account Rep. Cell 978-210-6994 Fax 978-745-2755 To place an order: 1-800-431-3000 john zisa@hdsu p pl y.com hd su pplysol a ti o ns.com CITY OF SALEM, MASSACHUSETTS BOARD OF HEALTH ' 120 WASHING rON STRECT,4"'FLOOR. TEL. (978) 741-1800' KIMBERLEY DRISCOLL Fax(978) 745-0343 MAYOR DGRL;FNB wM l@Sm,13M IX)M DAVID GRII I NBAUN1 Ac uNe HvAf Ji A(;i N'r SWimmin2 Pool Ins eetion Report Pool: Date: 6 d Address 125 SF Phone: !` Operator: Max Bathing Load: In accordance with 105 CMR 435.00 Minimum Standards for Swimminr Pools-State Sanitary Code Chanter V. t " Annual Permit Posted Health and Showers signs Posted ealth:no sick employees,no sick bathers,bathers take showers,spitting pprohibited,no glass. Lifeguards:Present _Certification Red/orange suit _"Guard"printed on jersey —Sun block avail. _Voice Amplifier _Elevated seat Emer.Communication: phone at pool _Phone instructions _Emergency numbers / _Phone in unlocked area t/ Safe quip: for each 2000,sq. feet Rescue tube or ring buoy(with rope) amackboard with collar and straps First Aad:Equipment area /_P5) 1"band-aids V(721) )3x3 gauze ( 5x9 surgipads )antiseptic wipes 8x 10 Surgi 2"soft roller bandages ���///_S� sors 3"Soft roller bandages weezers q/ V2 roll hypoallergenic tape Rescue blanket a packs Pocket mask — sterile isotonic eyewash Diisinfe ion Chlorine pH 7.2—7.8 Residual free 1-3,Combined 0-0.2 Bromine pH 7.2—7.8 Residua 2-6 (ppm)(mg/1) Reeor ept: ater tests Chemicals Used _Backwashing Attendance Hours of operation 2" Depth Markings Sidewalk and inside pool Diving Boards rigidly constructed,properly anchored,braced for heaviest load,no splinters or c cracks,non-slip surface,not over 10' above water level and at least 13' unobstructed headroom Bathhouse: Separate dressing and sanitary facilities for each sex,adjacent to pool,well lighted, drained,ventilated, impervious construction,one shower and one toilet per 40 bathers,hot and cold water,soap provided,no common cups,towels,combs,pool adequately enclosed,approved drinking water facilities Notes: Received by: ' Inspected by: i - Commonwealth of Massachusetts City of Salem Board of Health Kimberley Driscoll 120 Washington Street,4th Floor Mayor SALEM,MA 01970 Swimming Pool Seasonal Permit DATE PRINTED: 08/06/2009 ESTABLISHMENT NAME: 183R Federal Street Pool/Withs Tuttle Condo File Number:BHF-2009-000030 183R Federal Street SALEM MA 01970 LOCATED AT: SALEM, MA 01970 U Permit Type Permit No. Permit Issued Permit Expires Fee Restrictions/Notes SWIMMING POOL- BHP-2009-0539 Aug 6,2009 Oct 1,2009 $140.00 SEASONAL Total Fees: $140.00 PERMIT EXPIRES October 1, 2009 Board of Health I' Page t 08/06/2009 20:40 FAX 978 745 7551 John ZSsa X001 '2009 APPLICATION FOR PERMIT TO OPERATE A SWIMMING POOL LOCATION OF POOL 183 Rear Federal Street TJ/L;`PCJi'/.i'i'UCYil,�• L::1c!_so.,_.,.. "Lc �'1;7V21iiS. MAILING ADDRESS 183 Rear Federal Street CLR 11FiEU rUOL OrrL•RA'i UR - Name:_Rosswell Rive'1ra Cert 4:01-165733 TEL N617-940-2704 DATES OF OPERATION pfnoimmai):-8/6/09-9/30/09 DAYS&HOURS OF OPERATION:—Sunday–Saturday from 9:00am to 11:00pm Public Semi-Public X tinecial Or .. .. FEE: $210.00 for year round pools $140.00 for seasoeat$40M Non-Profit. (Please paytotal with one check payable to the City of Salem) In accordance with the State Sanitary Code,before any renovations,improvements,or Equipment changes are made,allplans for arch mnxt he sryt%m#rieA.toned hppm%'cd by the Salem Rnnrd of Health. Pursuant to MGL Chop ter 63C,Section 49a,I ceriify under the pains and penalties of perjttry that 1,to my best knowledge and belief,have filed all state tax_yAirns and paid all state taxes required under the law. t - , /_8/6/09_/ 021-54-9547 tore Date SS4 or Federal Identification Number Revised 8114/07 �d .. . . ... . . poolepp.wp , Check4 Dwe_9Y3.-9/6/U9 i 1 -tM i -\WN l� ____ __ _ _ .__ _ 1 i - - r. . _. _. � ._ 07/14/2010 WED 11: 59 FAX HSPH IID 2001/002 a FAX COVER SHEET TO: Salem Board of Health Liz Salandrea 120 Washington St., 4`"Floor Salem, MA 01970 TEL#: (978)741-1800 FAX#: (978)745-0343 t From: Kimberly Armstrong Willis Tuttle Condo Assoc . __- 183Rear Federal St. #3 Salem, MA 01970 TEL#: (978)394-7144 IFAX#: (617)432-7250 Total Pages: 2 Notes: Order confirmation for backboard and neck collar 07/1'4/2010 WED 11: 59 FAX HSPH IID 0002/002 Checkout: fitushed! https:Hsecure.buyemp.corWeheckoit coHTleted.php?action-completed i CMUCIL44 EE - 800-558-6270 Checkout Step 5 of 5 - Finished! July 14th 2010 10:46 am Order ID:201007215919 Thank you for your purchase Kimberly Armstrong! Emergency Medical Products has received your order. We will send an order confirmation email, including the order number.Please save the order confirmation email for your records. You can track the status of your order at any time by logging into your Emergency Medical Products account.If you have any questions regarding your order,please contact Emergency Medical Products at service@buvemp.com. Qty Product UofM Price Total 1 35850LG EACH $120.15 $120.15 IRON DUCK BASE BOARD,BACKBOARD;LIME GREEN 1 264005 EACH $6.53 $6.53 AMBU PERFIT COLLAR,REGULAR Sub-total: $126.68 Total: $126.68 Order billed to: Billing Address Shipping Address Willis Tuttle Condo Assoc Willis Tuttle Condo Assoc Kimberly Armstrong Kimberly Armstrong .183Rear Federal St. 43 183Rear Federal St. #3 Salen,MASSACHUSETTS, 01970 Salem,MASSACHUSETTS, 01970 UNITED STATES UNITED STATES Shipping Method Ground 1 oft 1/14/2010 11:47 AM CITY OF SALEM BOARD OF HEALTH - 120 WASHINGTON STREET 4TH FLOOR, SALEM, MA 01970 4� SWDDENG�POOL ZNSPEMON REPORT Pool: Address: <n r Phone: Operator:_ I YM _ jc Max. bathing load: In accordance with 105 CMR 435.000 inimum Standards for Swimming Pools, State Sanitary Code: Chapter V. -ANNUAL PERMIT POSTED (h �0 baoK - HEALTH and SHOWER SIGNS POSTED -HEALTH: no sick employees, no sick bathers, bathers take showers, spitting prohibited, no glass. l-�LA -LIFEGUARDS: Present - certification - redlorange suit _ - "guard" printed on jersey _- sunblock avail. -voice amplifier _-elevated seat -EMER. COMMUNICATION: phone at pool o k- a V0 phone instructions _- emergency numbers phone in unlocked area j, . - -SAFETY EQUIP.: for each 2000 sq. feet 5 �uCAJ - rescue tube or ring buoy (with rope) V" - - backboard with collar and straps - FIRST AiD : equipment area Z -(35) 1" bandaids I/-(10) 3x3 gauze /-(2) 5"x 9" surgipads(m"e -o -A) -(1) 8x10 surgi —✓y-(2) 2" soft roller bandages. J- scissors V -(2) 3" soft roller bandagesCU ✓ - tweezers _✓-(1) 1/2" roll of hyperallergenic tape - rescue blanket - ice packs _,�Z-(12) antiseptic wipes _Z- pocket mask ✓ -(I) sterile isotonic eye wash ✓- DISINFECTION J a 2 ✓ - chlorine 7 t pH 7.2 - 7.8 Residual: 3, combined 0-0.2 - bromine pH 7.2 7.8 Residual: 2-6 (PPM) (Mg/1) l�- water tests / - chemicals used - - backwashing'Fo be- crew - attendance - - hours of operation ✓ - DEPTH MARKINGS: sidewalk and inside pool - DIVING BOARDS: rigidly constructed, properly anchored, braced for heaviest load, no splinters or cracks, non-slip surface, not over 10' above water level and atleasi 13' n`u1 J� unobstructed headroom. BATI-MOUSE: scpcmic dressmg and sanitary facilitics for tach scx -adjacent to pool, well-lighted,drained, ventilated, impervious construction,one shower and one toilet pa 40 bathers,hot and cold water,soap provided. no common cups, towels,combs txtol adc.Quaicly enclosed approved dunking w (a atter facilitics received by: 11K-1inspectedbyC- 5Oektrt7�Ge- i h G 2 tiG_� R tii G�SSS. G. � O� G N.2A P`sTc G:�4 c�� GyiM? .•�N= iw s_ eS_z _ •� «e .>.L >• iKti �•iti Y.Li. ••'�Si <B>i':S-:. 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S > /. L .�> S ll Jl- M CJn2c,�-- LAW OFFICES OF JAMES C. RUDSER January 16, 2009 BLACK FALCON PIER- Janet Dionne, 88 BLACK FALCON AVENUE, SUITE 272 Acting 9 Health Agent BOSTON, MA 02210 City of Salem (617) 526-9212 120 Washington Street, 4th Floor FAx: (617) 526-9213 Salem, MA 01970 RE: 183 R Federal Street Willis Tuttle Condominium Association Dear Ms . Dionne: I am in receipt of correspondence dated December 10, 2008, from Steven F. Hughes, Director, Community Sanitation Program, 9 , Department of Public Health denying the variances granted by the Salem Board of Health to my client referenced above. From comments made at the October 14, 2008 hearing before the Salem Board of Health, I was under the impression that the minutes of the October 14, 2008 meeting would be provided to me, and that I would initially draft the proposed decision granting the . variances as voted by the Board of Health. I never received the minutes as I anticipated. Given that Mr. Hughes ' December 10, 2008, correspondence indicates that the "multi-variance request, as submitted, does not provide sufficient details relating to each variance. . . , " I would request that the minutes, together with whatever was submitted by the Salem Board of Health to Mr. Hughes be provided to me. Upon receipt, I will attempt to redraft a decision that would be consistent with the Board of Health' s October 14, 2008 vote, and would comply with the requirements of 105 CMR 435 . 46. Following my submission of a proposed decision back to you, we can, then, decide if an additional appearance before the Board of Health will be required prior to any re-submittal to Mr. Hughes, and the Department of Public Health. Thank you for your cooperation in this regard. truly yours, J es C. Rudser JCR/ cc. John Zisa The Commonwealth of Massachusetts . Executive Office of Health and Human Services Department of Public Health Bureau of Environmental Health Community Sanitation Program DEVAL L.PATRICK 250 Washington Street, Boston, MA 02108-4619 ' GOVERNOR TIMOTHY P.MURRAY Telephone (617) 624-5757 LIEUTENANT GOVERNOR Facsimile.(617) 624-5777 JUDYANN BIGBY,MD SECRETARY JOHN AUERBACH ;ra 0* COMMISSIONER December 10, 2008 Ms. Janet M. 'Dionne, Acting Health Agent City of Salem Board of Health 120 Washington Street, 4`h Floor _ Salem, MA 0.1970 (VIA Certified Mail #7007 1490 0001 4955 0082, Return Receipt Requested) RE: SALEM—Denied Semi-Public Swimming Pool Variance Willis Tuttle Condominium Association 183 R Federal Street Dear Ms. Dionne: The Massachusetts Department of Public Health ("Department') has received and reviewed a multi-variance request for the above-cited semi-public swimming pool which has been approved by the City of Salem, Board of Health. The,multi-variance request, as submitted, relates to the provisions of 105 CMR 435.08 regarding the number and/or location of inlets and outlets; 105 CMR 435.12(1)regarding flotation lines; and 105 CMR 435.13(1) regarding walkways being continuous around the pool with a minimum width of four feet of unobstructed clear distance (eight feet is desirable). Pursuant to 105 CMR 435.46, a variance may only be granted if the Board of Health finds and so states that the enforcement thereof would do "manifest injustice" and that the applicant has proved that the "same degree of protection" required under this code can be achieved without strict application of the mandated provision(s). In addition, as you know, any variance granted by the Board of Health must also be reviewed and approved by the Department. The Department has determined that the multi-variance request, as submitted, does not provide sufficient details relating to each variance and, more importantly, does not satisfy the requirement that enforcement of the provision would do "manifest injustice" and that the "same degree of protection" required under this code can be achieved without strict application of the mandated provision(s). Therefore, the multi-variance request is denied at this time due to insufficient details and supporting documentation. i Thank you for your cooperation. Please feel free to contact me at (617) 624-5757 if you have any questions. k Sincerely, Steven F. Hughes, Director Community Sanitation Program Cc: Suzanne K. Condon, Associate Commissioner, Bureau Director, BEH James Ballin, Deputy General Counsel, MDPH Legal Office Willis Tuttle Condominium Association 'y i + s CITY OF SALEM, MASSACHUSETTS BOARD OF HEALTH ' 120 WASHINGTON STREET,4"'FLOOR TEL. (978)741-1800 KIMBERLEY DRISCOLL FAY(978) 745-0343 MAYOR 1MANC1N1 SAI,FM.COM JANET MANCINI. ACTING HEAL riI.AG ENI November 5,2008 Massachusetts Department of Public Health Steven Hughes,Director Community Sanitation Program 250 Washington Street, 7"Floor Boston,MA 021008 RE: SALEM—Swimming Pool Variance Willis Tuttle Condominium Association 183 R Federal Street Salem,MA 01970 Dear Steven Hughes, At the Salem Board of Health's October 14,2008 meeting the Board granted variances for the pool located at 183R Federal Street in Salem,MA. As requested I am forwarding along notification of said variances for your review. The Following variances were approved by the Board: 435.06: water circulation—A motion was made that states water inlets and outlets do not have to meet state requirements of 435.08 inlets and outlets—The Board will allow current number of inlets and outlets rather than what is required by the code. 435.12 A motion was made regarding water markings and floatation line to mark deep end-only water depth markings will be required. 435.13 walkways and decks: A motion was made to accept the 3 foot width of current walkway.. Atty.James Rudser(Attorney for Willis Tuttle Condominium Association)will give a"clarity of indemnity"to city of Salem and Board of Health for these variances. An Amendment to the motion was made: to reflect that pool chemicals will be required to be stored in fireproof,lockable container in pool filter area. i Please let me know if you need any additional information. Sincerely, For the Boar ealth, ane M.Dionne Acting Health Agent { � O CITY OF SALEM, MASSACHUSETTS BOARD OF H&1LTH 120 WASHINGTON STREET,4r"FLOOR TEL. (978)741-1800 KIMBERLEYDRISCOLL FAX(978) 745-0343 MAYOR IDIONNE@SAL.EM COM JANET DIONNE ^ - ACTING HEALTH AGENT October 9, 2008 Law Offices of James C. Rudser Black Falcon Pier 88 Black Falcon Avenue Suite 272 a Boston, MA 02210 Dear Attorney James C Rudser: i The Salem Board of Health requests your presence at the next Board of Health meeting for a discussion of compliance of the swimming pool at 183R Federal Street . The meeting will be held Tuesday, October 14, 2008 at City Hall Annex, 120 Washington Street 3"'floor conference room @ 7:45 p.m. If you have any questions, contact me at 978-741-1800. Sincerely, For the Board of alth Jane Dionne, Acting Health Agent JMD/ I cc: Paulette Puleo, Chairwoman of the Board of Health and Members r� Y 4 LAW OFFICES OF JAMES C. RUDSER BLACK FALCON PIER 88 BLACK FALCON AVENUE, SUITE 272 BOSTON, MA 02210 (617) 526-9212 September 29, 2008 FAX: (617) 526-9213 Janet Dionne, y_ Acting Health Agent rl;� EI _�E� City of Salem 120 Washington Street, 4th Floor OCT -12008 Salem, MA 01970 RE: 183 R Federal Street "" "``" '!iALFi Willis Tuttle Condominium Association Dear Ms . Dionne: As we discussed, I represent the Trustees of the Willis Tuttle Condominium Association, a three unit condominium located at 183R Federal Street, Salem, MA. I would like to be added to the agenda for the next Board of Health meeting scheduled for October 14 , 2008 . I would like to address to the Board of Health concerns about the Board' s enforcement orders, request the Board to make a determination that the pool at issue is a residential pool within the definition of 105 CMR 435 . 001, and finally, that the Board can and should grant a variance under 105 CMR 435 . 46, to prevent manifest :injustice. Thank you for your cooperation in this regard. Please contact me to confirm our scheduled appearance on October 14, 2008 . Ve tr ly yours, loe JamJs C. Rudser JCR/ cc. John Zisa CITY OF SALEM ' j � � _ /� BOARD OF HEALTH J 4 Establishment Name: U.JI( (I S I UH � Q . r nnAnrtn n IUCY)7&F-Z(r t0 17i1lDate: Page: / of ' Item Code C-Critical ttem r DESCRIPTION OF VIOLATION/PLAN OF CORRECTION ' Dated: No� Reference R-Red ttem 3} r 'y ,,.�' :. ': ;a '" t + ,r�rc,� :s�zY s� :..• W'' .m,�,. t,' :e�' ..0 .� 'Verified �' - rte- +- 'PLEASE PRINT CLEARLY ' �� I(/PrJr�s�� i �YQrmGxY 3 2 0a 65F l)hn OIsa. D l,Ui1/is -t-oHLe, Ur7d6gprr Vis., tI747d� �'a�ur . /r, C/P .� . hn/r t'inq `&had vPg1j n%iY irri &N ll vloS'. 7%7 rola CrLJ ��s /MR F;' dear✓ G UPShI s kP017 ,111? 9 i h, h17 ` har fad /e'f /8�3'e P"-U y/ . Poo J ASCUSSPr� Of 7h/'9 690//twk!0 11W1e -/D b4na 7L6/e Dao l lr�� -)i)/) ro1-)712))axr_P '/)/7 ��� r CrhCO /�/ /ate�.�1',e 4<-3s—I l/Ui�lnYltus2+ S/z7h(10,1-Yj -ev 5 qbj/0' �i n�Iijst/ Y /n/ uP, Asa -t),49 ON) YI Le lj)IY-A a CoPU a," Jl?/ d feal)lahe"W? � J ��reutMnll�9lli D/r� � hn�lCllS _ J 1 ��arnaf Cd clC /,as �vfii v�f his /�I,� 77511 of _iWLo. �J h »79 l( e 777SO hrl s (��J tod `4_ hit /I 0Wu(731 1,0 WY/-fi -267 -)b lyZ"W"�1y 19_V A -Mlv -Poll A d m,� 14Prr 1q- J '. Discussion With Person in Charge: Corrective Action Required: ❑: No' ❑u Yes Ph I have read this report, have had the opportunity to ask questions and agree to correct all ❑ Voluntary Compliance ❑ Employee Restriction inspection, to observe all conditions as described, and to Exclusion violations before the next ins p ❑ Re-inspection Scheduled ❑ Emergency Suspension comply with all mandates of the Mass/Federal Food Code. I understand that noncompliance may result in daily fines of twenty-five dollars or suspension/revocation of ❑ Embargo ❑ Emergency Closure your food permit. / —i ❑ Voluntary Disposal ❑ Other: r,' Rnce-rvedat Tentgeratures Violations Related to Foodbarne fitness Interventions and Risk 'v cardia to Lav- Cooled to Faidars(item 1-221 {Cone} Ti4-5"'F Within ' Houyi. 1 Catlin?Nleatads for PHF.g PROTECTION FROM CHEMICALS L t 19 PHF Not and Gaid Holding LI-4 Food or Color Additives Maintained at m below -202,12 dd ttesk 590,004(F� 4 J�051�J�- 3-302,14 Proteclion from Ura ri', nvcs� -I-- -----T 1117T 11W4 Maitnamed ,it or above Poisonous or Toxic Substances 40'F. I'l)IA I kienti tying Info l airline-- Orirnme, 3.510,i 6(Al R�iasts Hold at or above 13WR Containers, 7-102,11 c(nolurinName -Workins-CL)ivaw ,r" L 2Q__ Time as a Public Health Control TK�—il) +TiZ,.a vublie Health("ontroV 7-20 1.11 S�J)w alivri-St -it-,il Y)0.004(11) 2al" as irts"n-pro�clax'aud U'r, 7-202.12 Catid,trow, [sm�7 REQUIREMENTS FOR HIGHLY SUSCEPTIBLE -7-?03.11 Toxic POPULATIONS(HS?L 7-204.11 Sanitiztis,Criteria-Ch,mie;iW 21 S()i 71!'�Ti UnprNieurized Pz�-pactagcd Jwccs and 7-2(W 1 Choldeak for Washt ee�Criteria* 2t (ares withb-N, 7-204.14 Dry Pasteunced F SO f,1103) locidcritat -11"co)k 7-206A 1 Rea ti I I s I e I Pesricirlei�,Criteira, ��o I T R'4� or P114111 -<A Animal Food �fnl 7-206.12 Rodoni hall S'Iahovk�' Raul St:sd ayi"Lts-Not Sgn'vcd. :1 -v 4 !-3,7S 7-1,f j((�I ---—,- Unopened P'(Axi Packagv NN'a Resel i-I'm I I 'Tracking Powdcri'llt-m C'Untrol and onitorin" CONSUMER ADVISORY TIMEITEMPERATURE CONTROLS 22 3-617 I I Coaspas f Aasore flosw.d fort in""n'ttio,of Animal Fxxis flan 3ru Raw, Urjder"N�ked o� 16 Proper Cooking Temperatures for Kot Offief S�t poccased to 1INTuflate PHFS 15:i r 15 Sec, 145'Fl5sec 3-301 '1 jlastr' nysd S Zhmwule for Rto;i "Shelf comminitted Fish, fifes&. Garlic SPECIAL REQUIREMENTS 3-401.11(13)(1)(2) Fork. and 1> e! Roast IIWIFT­rnin` Vic�kiuonN oil Section 590,009(A)-(D1 in Rnflics, briect'A sv cateri 11 Q, h"10bilc fcod,terriporary acid Pouin,wiid ciame, Stuffed PI iFs, I rcsaien L�ai kitchen operations should be Stuffing'Containing Fish,Maui, 1 jehled under the apl>tapri ate sections Rultry ru Rants 165'F 15 sec. "'IX)ve if rehile'd to foodborne ithiess Whole-musde' hit act Beof Steaks 1wer ver)lions and riqk factorg, Otber Tol 11--(()7!) 590.009 violaninis relating to s, rod retail 3-401.12 Raw Arnaral Foods Cwjk�rl m a I praclices Aiould be debitmi under#29 I Special Realuircrit"'pts, Micw��ivi� 105'F 1:11( re, PHFy-- 1451215 sec, Reheating for hot Holding -itot An6i4§RELATED To GOOD RETAW PnAcTims 3-401II(A)&(D) PHFs 165 T I (Ifelms 23.30) 3-403.11(1) Microva , 165°F2 Mirane, Standing Crawai and which do not relare;o the -403.11 i C.onannicialiv Pi rxes,,ed RTf-,FkwxJ - 140TI '403,111 Wi jrU- 7-ajj6 6-66 Reiramin,Unshced Portions of Beef --------------------- C 23 Mana I i Inet 4- -- Roast,�� 2 003 24 F�oxiand Food Protection 1 FC 3 00'1 Proper Cooling JjirH­Fs -- --- �7-------------�TT--- .005----1 25, Irnar Ltarld(lice -----T- Pt __. ,siI3 �01 WA) C�,,l ..g(ook�'ri Pfirs froin I Zff to 26, 7'a"Gi, 7001 Within 2 flours�,nrl From iwl Fac:lily t 41'F!45F Within 4 flouir. I -Fr---7 1 008 3-501.14(lj Coolutu P14Fr Made Front Ambient Temperatare higvedinnts to 410F/43`F Within 4 J)en"fvs Critical non in tho rotend 1991)Food("Xre,r 105(AR 590 000, CITY OF SALEM _ /// / BOARD`OFHEALTH l Establishment Name: �� �11115 �g �T/ P ��/Y/1YX /G9/U/Jl76�J'//9711.•`Date: 9�3 /4 Page: of _ ~item Coder r Critical item y 'r; V DESCRIPTIONOF,VIOLATION/PL'AN OF.CORRECTION` f Y Date . .No �Reterence rR—Aed Item:`..,, , ';yy p ,-.`,` z, �, m %' x 3s. �c,r, i<yaw s� s _ .` ,. h4��' `u". � s� k ,...:. PLEASE PRINT CLEARLY -�`'T `..� .,� .,4 r�s"':X,�°r_."A.r., w- �d „ 71�1s 1�,-)61 Mugu Mae1 4/1 lwin/Mlirn On 47) iA ffiiQ Qpnl7o oi' r9ao9. ' I t i r ✓ t r M ZSR has (seo /'«/lP %f. CIL_ /12nroo o{' ire ('10'1'�7{>�I-C Pa)ri�P�S LUAWIL -/Ad 15')_/V4 .' ,F z I 4 i i a "l� G6x fro i t Discussion With Person in Charge: Corrective Action Required: ❑ No ;F ❑` Yes _ y � F _f1 '"t_�G4?F.b•' 4 e%AA t4.ur.:.� I have read this report, have had the opportunity to ask questions and agree to correct all ❑ voluntary Compliance ❑ Employee Restriction/ violations before the next inspection, to observe all conditions as described, and to Exclusion P ❑ Re-inspection Scheduled ❑ Emergency Suspension comply with all mandates of the Mass/Federal Food Code. I understand that noncompliance may result in daily fines of twenty-five or suspension/revocation of ❑ Embargo ❑ Emergency Closure your food permit. ❑ voluntary Disposal ❑ Other: i Violations Related to Foodborne Illness Interventions and Risk 'tcl*orditrg to L;im Cued to Factors(Items 1-22j (Cont) PROTECTION FROM CHEMICALS L! Cxilinc Wdto&for l"IfFs —--------------- PHF Hot and Cold Holding I L14 Food or Color Additives To 3 501 1 PHI-'sMaintiined at ce IeAt)w 3-20i 52 4dLttves,x 0iWF1 11 tf5"Y +-302.14 Protection from is napprwod Mdifivesl` 3-501 16(,A)l lira PHI %11�,'1;T1e1T1r"I above Poisonous or Toxic Substances to, 11 tidot,;;�muatnars - r abov c 350i6(ik) P(mst�fildat oe 130'F. 24) as a Public Health Control 102-111 (ourroon Natne-Workine clilmainitrs* -F— _20LI 0(4r10 I Variance R "te'lt �20212 Conditions of Llso* REQUIREMENTS FOR HIGHLY SUSCEPTIBLE -THT I—I =1<11_il Prot n fir i on S POPULATIONS(HS 7 i54 11 sanqtzejrs'Ulu r6 -Chunk l&,; 21 juiec'q and 7-2(4.1 CfiemicaL for 7204.14 EL,,�jmmts crlteria� q 10h tivamil 3-80 11111 1 1-p Incidemial F(xxi Cani actw Lubi icarr2�'s------ i�,—,Ti,i Xurnaii FiKid and -206-H Rearicred,[�se Pc,'ticides.clitena 7-206.12 1 Ridonl Bail Stations, j�njjene kxxi 7-2D6.!3 _1-11—I _— _ dl�,_ 5 1, licking P,-Sl C'onbci and — CONSUMER ADVISORY 23.603 11 fia�Hd fir(Artgri It"on of TIMErrEMPERATURE CONTROLS 1Animal Fx"& Mal,nle Raw, undemX) e el Proper Cooking Temperatures for N PHFs ot Otherwise Poee�,sed to I'livanate 11 �3_,I 0 STF Fggp, I5S F155,ic. il"steilroicd F), Sobstnuir lo! Raw Shell i-401,11{1)(", Collunintiled Fi�K Mews& (oinie --- - Araimil, 1�5'F-15 sec I -7 SPECIAL REQUIREMENTS -40111i ftj'(2) Pork mid ITee, -736 6 121 nunC 5qfi—(y,),)(,Ti 7- aund (37 ecilon 590.009(AkD)in 1(A)(2" Rcvita,;, Injecicd klems - 155T 15 caiettog. mkAHh, food,temporary wid 4-401.5 HA)t3) Stuffej MRS" i remdelll4al kitchen ofil'tations shotlid he sluffmp'Coulau'um Fish, Meat, S Jehhed undertile 165°F 15 sec. 'led to ftXXIbome Illness above,if rcill Whole muF'.1e,Imlut Beef Sleaks 06cr 1-401 11(cf(3) 590.W9 violations relating to 000d reboi 340LI2 Raw Arninal F(iod,(,00kod in a I-v debited under#29 - Nficwwave 165"F* Spe..ird Requirenreim- 3-401 11(A}(1 i(b) A I I Oflua P11F s-- 14 5°1 '15 sec, —1 Reheating for Hot Holding VIOLADONS RELATED TO GOOD RETAIL PRACDCES 1(A)&ff)) PflF, 1651T, 15 sec. - (items 23-30) 3`4011.11(B) -Microwave- 165'F 2 Minuie Standing Cluirai and non,rilwai, vlolfiiions' lihich do Hal thr Time' foodborne 01px,"inen vefil;onTVid riAjm'rors livied abm'e fon be 1:�363 1_1(c) _CHsa a—a CrC1'Tj--j I,,, found bg of the Food Cade,and lib MR 140 PT 5 90,000, iia;; T cood Rabin practices FC 690,0W 3-403�11(E) Rent wining Umliced Portiialis(if Beef 2 ei 2 0(2� -_na ckEers r�p;il—co—Ifing 24_, _. Fpocl slid Food Protection- F-C- E ffmi and 1-densdi 1 25 _T a F" -4 M) .1 501 1 h(A) :4CCpt'tp_,'(n.Cooked PHFs I rinu 14Wf to 2- FC-5 i 006 1 74°F Within 2 Ilours and From 71K, L277 czt7 to 4FF!45'F Witint)4 Himm i 28, 1 Porsoneus or Toxic Wena's C_ 1 29 3-501 14f B) Coolipl,PHFs Made From Ambient '009 Tcnrperrnkne hn,Nditsas to 41'f,'/45cF —til'V{thin 4 11t t i r s '1)cawc,critical pen)in m, lxjeei'l 1919 Food C,Xk or 105 590(100, August 14, 2008 City of Salem Board of Health 120 Washington Street, 4d'Floor Salem, MA 01970 Attention: David Greenbaum Dear David, We received your letter outlining improvements needed to be made at our pool found at 183 Rear Federal street. We would like to request a hearing to discuss a few items and their appropriateness along with some further clarification. ., We look forward to your reply. Sincerely, John Zisa(Trustee) Willis Tuttle Condo Association. 978 210 6994 RECEIVE® 1AUG 1:;42008 CITY OF SALEM BOARD OF HEALTH • CITY OF SALEM, MASSACHUSETTS BOARD OF HEALTH 120 WASHINGTON STREET,4".FLOOR TEL. (978)741-1800 KIMBERLEY DRISCOLL FAx(978) 745-0343 MAYOR Isco'rr sni,cH.COM JOANNE SCOTT, HEALTH AGENT August 21, 2008 Kim Armstrong-& Ivan Jenson, Trustees Willis Tuttle Condominium Association 183 Federal Street#3 Salem, MA 01970 Dear Kim Armstrong & Ivan Jenson: A Preliminary Board of Health Hearing will be held on Wednesday September 3,2008 @ 2:00 pm. at the Salem Board of Health located at 120 Washington Street 4` Floor, Salem, MA. At said hearing, you will be given an opportunity to be heard relative to violation(s)at 183R Federal Street, Salem, MA and to be represented by legal counsel. All opposing parties also have the right to be present and to be represented by legal counsel. The above.Preliminary Hearing to be held in accordance with the State Sanitary Code, Chapter II For the Board of Health Reply to: Joanne Scott David J. Greenbaum Health Agent Sanitarian JS/HL Cc: Mike&Julie Guiffre, John &Monica Zisa CERTIFIED MAIL: 7005 3110 0000 7160 3354 I CITY OF SALEM, MASSACHUSETTS J BOARD OF HEALTH 120 WASHINGTON STREET,4"FLOOR TEL. (978)741-1800 HIMBERLEY DRISCOLL FAX(978) 745-0343 MAYOR JSCUIT e SAIX-SM CONI JOANNE SCOTT, HEALTH AGENT August 21, 2008 John & Monica Zisa, Trustees Willis Tuttle Condominium Association 183 Federal Street#2 Salem, MA 01970 Dear John &Monica Zisa: A Preliminary Board of Health Hearing will be held on Wednesday Se�tember 3,2008 @ 2:00 pm. at the Salem Board of Health located at 120 Washington Street 41 Floor, Salem, MA. At said hearing, you will be given an opportunity to be heard relative to violation(s)at 183R Federal Street, Salem, MA and to be represented by legal counsel. All opposing parties also have the right to be present and to be represented by legal counsel. The above Preliminary Hearing to be held in accordance with the State Sanitary Code, Chapter II For,the Board of Health Reply to: Joanne Scott David J. Greenbaum Health Agent Sanitarian JS/HL Cc: Mike&Julie Guiffre, Kim Armstrong and Ivan Jensen CERTIFIED MAIL: 7005 3110 0060 7160 3361 CITY OF SALEM, MASSACHUSETTS BOARD OF HEALTH 120 Wt1SHINGTON STREET,4 FLOOR TEL. (978) 741-1800 KIMBERLEY,DRISCOLL FAX(978) 745-0343 MAYOR iSCO 1 SATEM.COM JOANNE SCOTT, HEALTH AGENT August 21, 2008 Mike&Julie Guiffe, Trustee Willis Tuttle Condominium Association 183 Federal Street#1 Salem, MA 01970 Dear Mike&Julie Guiffre: A Preliminary Board of Health Hearing will be held on Wednesday September 3, 2008 @ 2:00 Pm. at the Salem Board of Health located at 120 Washington Street 4` Floor, Salem, MA. At said hearing, you will be given an opportunity to be heard relative to violation(s)at 183R Federal Street, Salem, MA and to be represented by legal counsel. Al opposing parties also have the right to be present and to be represented by legal counsel. The above Preliminary Hearing to be held in accordance with the State Sanitary Code, Chapter II For'the Board of Health Reply to: oanne ScottC David J. Greenbaum Health Agent Sanitarian JS/Hl- Cc: S/HLCc: John & Monica Zisa, Kim Armstrong and Ivan Jensen CERTIFIED MAIL: 7005 3110 0000 7160 3378 CITY OF SALEM, MASSACHUSETTS ` BOARD OF HEALTH 120 WASHINGTON STREET,4"i FLOOR TEL. (978)741-1800 KIMBERLEY DRISCOLL FAX(978) 745-0343 MAYOR )SCOTT ALEM COM JOANNE SCOTT, HEALTH AGENT Kim Armstrong and Ivan Jensen,Trustees Willis Tuttle Condominium Association 183R Federal Street#3 Salem,MA 01970 Dear Sir/Madam, On Monday August 4,2008 an inspection of the pool located at your condominium complex at 183R Federal Street, Salem,MA was conducted by David Greenbaum and Elizabeth Salandrea, Sanitarians for the Salem Board of Health. At that time it was determined that the pool did not comply with the requirements of 105 CMR 435.00 Minimum Standards for Swimming Pools; State Sanitary Code Chapter V. The following violations must be corrected and the pool must be re-inspected to insure compliance with 105 CMR 435.00. 1. Health and shower signs must be posted 2. Health signs stating that no sick employees,no sick bathers,bathers take showers, spitting prohibited,no glass must be posted. 3. An emergency communication phone must be at the pool during all hours of operation including: Phone instructions,emergency phone numbers and the phone must be in an unlocked area. 4. Safety Equipment: for each 2000, sq.feet must be provided including a rescue tube or ring with ropes and/or a back board with a collar and straps. 5. A First Aid kit must be provided to include the following items: (35) 1"band-aids _(10)3x3 gauze (2)5x9 surgical pads _(12)antiseptic wipes (1) 8x10 Surgical pads _(2)2"soft roller bandages _Scissors _(2)3" Soft roller bandages _Tweezers _(1) %roll hypoallergenic tape _Rescue blanket _ice packs _Pocket mask _sterile isotonic eyewash 6. The pool must be disinfected and chemical must be kept with in the following standards: _Chlorine _pH 7.2—7.8 Residual free 1-3.Combined 0-0.2 _Bromine —PH 7.2—7.8 Residual 2-6 (ppm)(mg/1) 7. Records must be kept including the following: _Water tests Chemicals Used _Backwashing _Attendance_Hours of operation 8. Depth markings must be placed on the sidewalk and inside pool. 9. A Certified Pool operator must be employed at this pool. 10. All chemicals must be stored in a locked fire proof cabinet. Therefore you are herby ordered to correct the above violations within 30 days of receipt of this order. At that time the Salem Board of Health will conduct a re-inspection of the pool. Failure to comply with this order may result in a complaint being sought against you in Salem District Court. Should you be aggrieved by this Order,you have the right to request a hearing before the Board of Health. A request for such a hearing must be received in writing in this office of the Board of Health within seven(7)days of receipt of this Order. At said hearing,you will be given the opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports, orders, and other documentary information in the possession of this Board, and that any adverse parry has the right to be present at the hearing. If you have any questions,kindly contact this office at(978)741-1800. For the Board of Health: Reply to: anne Scott David Greenbaum Health Agent Sanitarian CERTIFIED MAIL 7005 3110 0000 7160 3439 Regular Mail - CITY OF SALEM, MASSACHUSETTS BOARD OF HEALTH 120 WASHINGTON STREET,4"FLOOR TEL. (978) 741-1800 KIMBERLEY DRISCOLL FAX(978) 745-0343 MAYOR iSCOTrna SALEM.COM JOANNE SCOTT, HEALTH AGENT Mike and Julie Guiffre,Trustees Willis Tuttle Condominium Association 183R Federal Street#1 Salem,MA 01970 Dear Mr. and Mrs. Guiffre, On Monday August 4,2008 an inspection of the pool located at your condominium complex at 183R Federal Street, Salem, MA was conducted by David Greenbaum and Elizabeth Salandrea, Sanitarians for the Salem Board of Health. At that time it was determined that the pool did not comply with the requirements of 105 CMR 435.00 Minimum Standards for Swimming Pools; State Sanitary Code Chapter V. The following violations must be corrected and the pool must be re-inspected to insure compliance with 105 CMR 435.00. 1. Health and shower signs must be posted 2. Health signs stating that no sick employees,no sick bathers, bathers take showers, spitting prohibited,no glass must be posted. 3. An emergency communication phone must be at the pool during all hours of operation including: Phone instructions,emergency phone numbers and the phone must be in an unlocked area. 4. Safety Equipment: for each 2000, sq. feet must be provided including a rescue tube or ring with ropes and/or a back board with a collar and straps. 5. A First Aid kit must be provided to include the following items: _(3 5) 1"band-aids _(I 0)3x3 gauze _(2) 5x9 surgical pads _(12)antiseptic wipes _(1)8x10 Surgical pads _(2)2"soft roller bandages _Scissors _(2)3"Soft roller bandages _Tweezers _(1)Yz roll hypoallergenic tape _Rescue blanket _ice packs _Pocket mask _sterile isotonic eyewash 6. The pool must be disinfected and chemical must be kept with in the following standards: _Chlorine _pH 7.2–7.8 Residual free 1-3, Combined 0-0.2 _Bromine _pH 7.2–7.8 Residual 2-6 (ppm)(mg/1) 7. Records must be kept including the following: _Water tests —Chemicals Used _Backwashing _Attendance_Hours of operation 8. Depth markings must be placed on the sidewalk and inside pool. 9. A Certified Pool operator must be employed at this pool. 10. All chemicals must be stored in a locked fire proof cabinet. Therefore you are herby ordered to correct the above violations within 30 days of receipt of this order. At that time the Salem Board of Health will conduct a re-inspection of the pool. Failure to comply with this order may result in a complaint being sought against you in Salem District Court. Should you be aggrieved by this Order,you have the right to request a hearing before the Board of Health. A request for such a hearing must be received in writing in this office of the Board of Health within seven(7)days of receipt of this Order. At said hearing,you will be given the opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports,orders,and other documentary information in the possession of this Board, and that any adverse party has the right to be present at the hearing. i If you have any questions,kindly contact this office at(978)741-1800. Fo the Board of ealth: Reply to: oanne Scott David Greenbaum Health Agent Sanitarian CERTIFIED MAIL 7005 3110 0000 7160 3446 Regulu Mail a • CITY OF SALEM, MASSACHUSETTS BOARD OF HEALTH 120 WASHINGTON STREET,4"'FLOOR TEL. (978) 741-1800 ICIMBERLEY DRISCOLL FAX(978)745-0343 MAYOR ISCOTIaSALGM.COM JOANNE SCOTT, HEALTH AGENT John and Monica Zisa,Trustees Willis Tuttle Condominium Association 183R Federal Street#2 Salem, MA 01970 Dear Mr. and Mrs.Zisa, On Monday August 4,2008 an inspection of the pool located at your condominium complex at 183R Federal Street, Salem, MA was conducted by David Greenbaum and Elizabeth Salandrea, Sanitarians for the Salem Board of Health. At that time it was determined that the pool did not comply with the requirements of 105 CMR 435.00 Minimum Standards for Swimming Pools; State Sanitary Code Chapter V. The following violations must be corrected and the pool must be re-inspected to insure - compliance with 105 CMR 435.00. 1. Health and shower signs must be posted 2. Health signs stating that no sick employees, no sick bathers,bathers take showers, spitting prohibited,no glass must be posted. 3. An emergency communication phone must be at the pool during all hours of operation including: Phone instructions,emergency phone numbers and the phone must be in an unlocked area. 4. Safety Equipment: for each 2000,sq. feet must be provided including a rescue tube or ring with ropes and/or a back board with a collar and straps. 5. A First Aid kit must be provided to include the following items: (3 5) 1"band-aids _(I 0)30 gauze _(2)5x9 surgical pads _(12)antiseptic wipes (1) 8x10 Surgical pads _(2)2"soft roller bandages Scissors _(2)3" Soft roller bandages _Tweezers _(1) '/z roll hypoallergenic tape _Rescue blanket _ice packs _Pocket mask _sterile isotonic eyewash 6. The pool must be disinfected and chemical must be kept with in the following standards: _Chlorine _pH 7.2-7.8 Residual free 1-3, Combined 0-0.2 _Bromine _pH 7.2—7.8 Residual 2-6 (ppm)(mg/1) 7. Records must be kept including the following: _Water tests_Chemicals Used _Backwashing _Attendance_Hours of operation 8. Depth markings must be placed on the sidewalk and inside pool. 9, A Certified Pool operator must be employed at this pool. 10. All chemicals must be stored in a locked fire proof cabinet. Therefore you are herby ordered to correct the above violations within 30 days of receipt of this order. At that time the Salem Board of Health will conduct a re-inspection of the pool. Failure to comply with this order may result in a complaint being sought against you in Salem District Court. Should you be aggrieved by this Order,you have the right to request a hearing before the Board ,of Health. A request for such a hearing must be received in writing in this office of the Board of Health within seven(7)days of receipt of this Order. At said hearing,you will be given the opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports, orders, and other documentary information in the possession of this Board, and that any adverse party has the right to be present at the hearing. If you have any questions,kindly contact this office at(978)741-1800. For the Board of Health: Reply to: Joanne Scott David Greenbaum Health Agent Sanitarian CERTIFIED MAIL 7005 3110 0000 7160 3422 j Regular Mail CITY OF SALEM, MASSACHUSETTS 3 a BOARD OF HEALTH a] `I 120 WASHINGTON STREET, 4TH FLOOR SALEM, MA 01970 TEL. 978-741-1800 FAX 978-745-0343 W W W.SALEM.COM Kimberley Driscoll JOANNE SCOTT, MPH, RS, CHO Mayor HEALTH AGENT Mike and Julie Guiffre,Trustees Willis Tuttle Condominium Association 183R Federal Street#1 Salem,MA.01970 Dear Mr.and Mrs.Guiffre, 'On June 11,2008 the Board of Health received a complaint from a resident regarding the condition of the pool located at 183R Federal Street in Salem,MA. The Salem Board of Health has determined that the semi-public swimming pool located at 183R Federal Street has not been permitted.in accordance with 105 CMR 435.00:MINIMUM STANDARDS FOR SWIMMING POOLS(STATE SANITARY CODE:CHAPTER V: 435.21:Permit Requirements for Swimming,Wading,and Special Purpose Pools:Pool Records O No person 1 p son shall operate or maintain any swimming,wading or special purpose pool without obtaining a permit from the Board of Health on a form prescribed by the Commissioner of Public Health.The permit shall state the method of water treatment,the number of trained lifeguards required and the maximum number of people allowed in the water at any time(see 105 CMR 435.27). - The definition of a semi-public pool is a swimming,wading or special purpose pool on the premises of,or used in connection with a hotel,motel,trailer court,apartment house,condominium,country club,youth club,school,camp,or similar establishment where the primary purpose of the establishment is not the operation of the swim g facilities, and where admission to the use of the pool is included in the fee or consideration paid or given for the primary use of the premises.Semi-public pool shall also mean a pool constructed and maintained by groups for the purposes of providing bathing facilities for members and guests only. Therefore,you are hereby ordered to submit an application(enclose)to the Board of Health to obtain a permit to operate a semi-public swimming pool.Once the application is received,an inspection by the Board of Health will be scheduled to ensure the pool is in compliance with 105 CMR 435.000 State Sanitary Code Chapter V: Minimum Standards for swimming pools. Should you be aggrieved by this order,you have the right to request a hearing before the Board of Health. A request for a hearing must be received in writing in the office of the Board of Health within 7 days of receipt of this order. At said hearing,you will be given an opportunity to be heard and to present witness and documentary evidence as to why this order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports,orders,and other documentary information in the possession of this Board,and that any adverse party has the right to be present during the hearing. If you,have any questions,kindly contact this office at(978)741-1800. or the Boar off lth:rdy� Reply to: eanne Scott" Janet Dionne Health Agent Senior Sanitarian a ba, 3� CITY OF SALEM, MASSACHUSETTS 3 ^. BOARD OF HEALTH ^„ 120 WASHINGTON STREET, 4TH FLOOR SALEM, MA 01970 'aN6 TEL. 978-741-1800 FAX 978-745-0343 Kimberley Driscoll WWW.SALEM.COM Mayor JOANNE SCOTT, MPH, RS, CHO HEALTH AGENT John and Monica Zisa,Trustees Willis Tuttle Condominium Association - 183R Federal Street#2 Salem,MA.01970 Dear Mr.and Mrs.Zisa, ' On June 11,2008 the Board of Health received a complaint from a resident regarding the condition of the pool located at 183R Federal Street in Salem,MA. . The Salem Board of Health has determined that the semi-public swimming pool located at 183R Federal Street has not been permitted.Inaccordance with 105 CMR 435.00: SANITARY CODE:CHAPTER V: MINIMUM STANDARDS FOR SWIMMING POOLS(STATE - 435.21:Permit Requirements for Swimming, Wading,and Special Purpose Pools:Pool Records (1)No person shall operate or maintain any swimming,wading or special purpose pool without obtaining a permit from the Board of Health on a form prescribed by the Commissioner of Public Health.The permit shall state the method of water treatment,the number of trained lifeguards required and the maximum number of people allowed in the water at any time(see 105 CMR 435.27). The definition of a semi-public pool is a swimming,wading or special purpose pool on the premises of,or used in connection with a hotel,motel,trailer court,apartment house,condominium,country club,youth club,school,camp,or similar establishment where the primary purpose of the establishment is not the operation of the swimming facilities, and where admission to the use of the pool is included in the fee or consideration paid or given for the primary use of the premises.Semi-public pool shall also mean a pool constructed and maintained by groups for the purposes of providing bathing facilities for members and guests only. Therefore,you are hereby ordered to submit an application(enclose)to the Board of Health to obtain a permit to operate a semi-public swimming pool.Once the application is received,an inspection by the Board of Health will be scheduled to ensure the pool is in compliance with 105 CMR 435.000 State Sanitary Code Chapter V: Minimum Standards for swimming pools. Should you be aggrieved by this order,you have the right to request a hearing before the Board of Health. A request for a hearing must be received in writing in the office of the Board of Health within 7 days of receipt of this order. At said hearing,you will be given an opportunity to be heard and to present witness and documentary evidence as to why this order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports,orders,and other documentary information in the possession of this Board,and that any adverse party has the right to be present during the hearing. If you have any questions,kindly contact this office at(978)741-1800. r the Board Health: Reply to: oanne Sc Health Agent Janet Dionne Senior Sanitarian CITY OF SALEM, MASSACHUSETTS BOARD OF HEALTH 120 WASHINGTON STREET, 4TH FLOOR SALEM, MA 01970 TEL. 978-741-1800 Fax 978-745-0343 W W W.SALEM.COM - JOANNE SCOTT, MPH, RS, CHO Kimberley DfISC011 HEALTH AGENT Mayor Kim Armstrong and Ivan Jensen,Trustees Willis Tuttle Condominium Association 183R Federal Street#3 Salem,MA.01970 Dear Sir/Madam, On June 11,2008 the Board of Health received a complaint from a resident regarding the condition of the pool located at 183R Federal Street in Salem,MA. The Salem Board of Health has determined that the semi-public swimming pool located at 183R Federal Street has not been permitted.In accordance with 105 CMR 435.00:MINIMUM STANDARDS FOR SWIMMING POOLS(STATE SANITARY CODE:CHAPTER V:. 435.21:Permit Requirements for Swimming,Wading,and Special Purpose Pools:Pool Records (1),No person shall operate or maintain any swimming,wading or special purpose pool without obtaining a permit from the Board of Health on a form prescribed by the Commissioner of Public Health.The permit shall state the method of water treatment,the number of trained lifeguards required and the maximum number of people allowed in the water at any time(see 105 CMR 435.27). The definition of a semi-public pool is a swimming,wading or special purpose pool on the premises of,or used in connection with a hotel;motel,trailer court,apartment house,condominium,country club,youth club,school,camp,or similar establishment where the primary purpose of the establishment is not ihe.operationof the_swimming facilities,_.__ and where admission to the use of the pool is included in the fee or consideration paid or given for the primary use of the premises.Semi-public pool shall also mean a pool constructed and maintained by groups for the purposes of providing bathing facilities for members and guests only. The you are hereby ordered to submit an application(enclose)to the Board of Health to obtain a permit to operate a semi-public swimming pool.Once the application is received,an inspection by the Board of Health wiltbe scheduled to ensure the pool is in compliance with 105 CMR 435.000 State Sanitary Code Chapter V: Minimum Standards for swimming pools. -Should you be aggrieved by this order,you have the right to request a hearing before the Board of Health. A request for a hearing must be received in writing in the office of the Board of Health within 7 days of receipt of this order. At .said hearing,you will be given an opportunity to be heard and to present witness and documentary evidence as to why this order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports,orders,and other documentary information in the possession of this Board,and that any adverse party has the right to be present during the bearing. If you have any questions,kindly contact this office at(978)741-1800. (/P��pr�the Board o Health: Reply to: aahne Scott Janet Dionne Health Agent Senior Sanitarian r t� R QTY OF SALEM, MASSACHUSETTS BOARD OF HEALTH 120 WASHINGTON STREET,4-FLOOR �'?�?'°�. 4 TEL.(978)741-1800 KIMBERLEY DRISCOLL FAX(978)745-0343 ��® MAYOR ISOOTT(a)SALEM.COM. Jtk 2 8 zoos JOANNE SCOTT, HEALTHAGENT 2008 APPLICATION FORPERMIT TO OPERATE A SWIMMING POOL LOCATION OF POOL NAME OF APPLICANT`,,O/. ' 0�� TEL# MAILING ADDRESS S5` oZ,r7n CERTIFIED POOL OPERATOR Name: Cert#: TEL# DATES OF OPERATION (if not annual): 9�� DAYS &HOURS OF OPERATION: TYPE OF POOL Public Semi-Public Special Purpose C/ FEE: $210.00 for year round pools $140.00 for seasonal$40.00 Non-Profit (Please pay total with one check payable to the City of Salem) This permit is not transferable and must be reissued upon change of ownership. In accordance with the State Sanitary Code, before any renovations, improvements,or Equipment changes are made,all plans for such must be submitted to and approved by the Salem Board of Health. Pursuant to MGL Chapter 63C, Section 49a,I certify under the pains and penalties of perjury that 1,to my best knowledge and belief,have filed all state tax returns and paid all state taxes required under the law. Si re Date SS#or Federal Identification Number Revised 8/14/07 poolaptimpdCheck# Date l Qi lhyt! -- Janet Dionne From: Joanne Scott Sent: Monday, June 23, 2008 5:21 PM To: 'julianneguiffre@comcast.net'; Janet Dionne Subject: RE: Question about condominium pool safety Dear Ms. Guiffre: My apologies for not addressing your e-mail sooner. The Board of Health permits semi-public pools, those in condo's and apartment complexes, as an example. I am forwarding this concern to my senior sanitarian, Janet Dionne. She will let you know if that condo pool is permitted, etc. Thank you, Joanne Scott -----Original Message----- . From: julianneguiffre@comcast.net [mailto:julianneguiffre@comcast.net] Sent: Wednesday, June 11, 2008 4:32 PM - To: Joanne Scott; Mary Page Cc: mikeguiffre@comcast.net Subject: Question about condominium pool safety Good Afternoon, My husband Michael and I live in a small condominium on Federal Street. There is a pool in the condominium complex. Due to the size of the condominium association, designated members care for and maintain the pool. My husband' and I have an eleven month old son. We were hoping to use the pool yesterday with him. When I went out to the pool I noticed a dead squirrel at the bottom of the shallow end. The squirrel remained in the pool for at least 5 hours. Those in charge of maintaining the pool did not remove the squirrel and have done nothing to sanitize and stabilize the water. We are uncomfortable using the pool now that it poses a health risk. Because this is a condominium, is this an issue that is strictly addressed in the condominium association or is this a public matter? Thank you, cttran� Guiffre 183 Rear Federal Street �g Salem, MA 01970 978-744-4248 ��j', Qr1� ( �N t> o Via, 1 Janet Dionne From: Kimberly Armstrong [KARMSTRO@hsph.harvard.edu] Sent: Monday, July 07, 2008 4:44 PM To: Janet Dionne Subject: Re: Certified Pool Operator Courses Janet, , I tried to call you back, but I think you were gone for the day. The name of the condo is the Willis Tuttle Condominium Association. I think it would be best if you sent a letter to all three units as we are each responsible for the pool and its upkeep. There are only three trustees, and it is important that everyone know about the situation. Unit #1 is Mike and Julie Guiffre Unit #2 is John and Monica Zisa Unit #3 is Kim Armstrong and Ivan Jensen I looked at the websites you forwarded me about pool operator courses. None of the courses are offered until the fall after the closing of the pool. How would this affect the operation of the pool this season? Kim Armstrong >>> "Janet', Dionne" <JDionne@Salem.com> 7/7/2008 2:58 PM >>> Kim, Here is the information you requested for a few of the Certified Pool Operators courses in Massachusetts. You may choose other courses along as you are a Certified Pool Operator. 1 Please take�ia look at the links below. http: //www.pooloperationmanagement.com <http://www.,pooloperationmanagement.com/> www.nspf.org <http://www.nspf.org/> Let me know if you have any trouble accessing these links or if you have any other questions or, concerns. ThankY ou, Janet Dionne ll' Senior Sanitarian Salem Board of Health 120 Washington Street 4th Floor 1 i Salem, MA 01970 (p) 978-791-1800 ext 5655 (f) 978-795-0393 2 IF "pftLISJUTTLE HOUSE � ��� !SkR FEDERAL * �s CONDOMINIUMaTRUSTz � x `,m +r�>3°°ooiaew } "61G a 4 ,�a STREET - 14 t r +•✓ order � �J € FEr..k° i'„. 'a e„On 41 � L1 M `SovereignBanl� � ��+ 0 i'�10 Z5`i 50�.,�f,730000 i 386 a■�* � ��� `��'���*� �"' �. r3 ,i• a i.wx1"m. xa � F z za a;,z 9 �4 r 0 6 1 6 k� `8m u¢.iP4 xn,�a�,",,�e �+� ;. II k f Bio 4 � w -w n w i I -� in s r b��� h - O g� 53 3- D�-7() ■ SleuP �tirlQ, • �n�- 2�59- 0B90 fvevo2 ,;h , jj-y yi 9a - 0530 The Commonwealth of Massachusetts Executive Office of Health and Human Services Department of Public Health Bureau of Environmental Health Community Sanitation Program DEVAL L.PATRICK 250 Washington Street Boston MA 02108-4619 GOVERNOR > > TIMOTHY P.MURRAY Telephone (617) 624-5757 LIEUTENANT GOVERNOR Facsimile.(617) 624-5777 JUDYANN BIGBY,MD / V 't Jl 1 1 SECRETARY JOHN FI COMMISSIONER December 10, 2008 b. ,�.... yrr"�M Ms. Janet M. Dionne, Acting Health Agent City of Salem Board of Health 120 Washington Street, 4`h Floor Salem, MAI 01970 (VIA Certified Mail #7007 1490 0001 4955 0082, Return Receipt Requested) RE: SALEM—Denied Semi-Public Swimming Pool Variance Willis Tuttle Condominium Association 183 R Federal Street Dear Ms. Dionne: . The Massachusetts Department of Public Health("Department")has received and reviewed a multi-variance request for the above-cited semi-public swimming pool which has been approved by the City of Salem, Board of Health. The multi-variance request, as submitted, relates to the provisions of 105 CMR 435.08 regarding the number and/or location of inlets and outlets; 105 CMR 435:12(1) regarding flotation lines; and 105 CMR 435.13(1) regarding walkways being continuous around the pool with a minimum width of four feet of unobstructed clear distance (eight feet is desirable). Pursuant to 105 CMR 435.46, a variance may only be granted if the Board of Health finds and so states that the enforcement thereof would do "manifest injustice" and that the applicant has proved that the "same degree of protection" required under this code can be achieved without strict application of the mandated provision(s). In addition, as you know, any variance granted by the Board of Health must also be reviewed and approved by the Department. The Department has determined that the multi-variance request, as submitted, does not provide sufficient details relating to each variance and, more importantly, does not satisfy the requirement that enforcement of the provision would do "manifest injustice" and that the "same degree of protection"required under this code . can be achieved'without strict application of the mandated provision(s). Therefore, the multi-variance request is denied at this time due to insufficient details and supporting documentation. Thank you for your cooperation. Please feel free to contact me at (617) 624-5757 if you have any questions. �ISincerely, Steven F. Hughes, Director Community Sanitation Program Cc: Suzanne K. Condon, Associate Commissioner, Bureau Director, BEH James Ballin, Deputy General Counsel, MDPH Legal Office Willis Tuttle Condominium Association U.S. Postal Service.M r CERTIFIED MAILrM RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.usps.com© r PS Porro 3800,June 2802 Sce Reverse for Insiroclions Certified Mail Provides: ■ A mailing recelpt (es`ren98)aooa eunr•ooBe uaoj Sd ■ A unique identifier for your mallpiece ■ A record of delivery kept by the Posta Service for two years Important Certified Mamil may ONLY be combined with First-Class Mails or Priority Maila. ■ Certified Mail is notavallabie for any class of International mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or�Registered Mail. p w For delivery.To obtain Return Receipt Return servl�pleruecomplete ana attach proofide ectum Receipt(PS Form 3811 to the article and add applicable postage to cover the fee.Endorse mailpieoeRehm Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS9 postmark on your Certified Mall receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"RestdciedDefivery°. ■ If a postmark on the Certified Mail receipt is desired,Please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mall. IMPORTANT:Save this receipt andpresent it when making an inquiry. Internet access to delivery Information is not available on mail addressed to APOs and FPOs. U.S. Postal Service,11 CERTIFIED MAILrM RECEIPT (Domestir.{Mail Only;No Insurance Coverage Provided),, or delivery information visit our website at vnvw.usps.come MMMM'- PS Form 3800,June 2002 -See Reverse for Instructions •t rtifledgMeBlpPyOvldBS: /MWGHrao0zeenrrooesMOA sd ■ A unique Identifier for your mailplece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First-Class Mails or Priority Mail, ■ Certified Mail Is notavaliabie for any class of international mall. ■ NO INSURANCE COVERAGE. IS PROVIDED with Certified Mall. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return RecelptmaY be requested to provide proof of delivery.To obtain Rehm Receipt service,please complete and attach a Return Recelpt(PS Fon 3911)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mallplece with the endorsement"ResMcted-Delivery". ■ If a postmark on the Certified Mall receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mall receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. Internet access to delivery Information is not available on mail addressed to APOs and FPOs. U.S. Postal Servici' CERTIFIED MAID. RECEIPT (Dontesl4c Mail Only;No Insurance Coverage Provided) For delivery Information visit our website at v ww.usps.com� r ,stag, C3 Cenfifted Fee C3 Return Recelpt Fee PS Form JOOO;June 2002 $ee Reverse for Instructions Certified Mail ( e&)zooaaun , r Does uaoa sa • A unique identifier for your mailplece ■ A record of delivery kept by the Postal Service for two years Io Certified rtant Mail my ONLY be combined with First-Class Maile or Priority Mail®. • Certified Mall Is not avallable for my class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Rece, I=be requested to provide proof of delivery.To obtain Return Receipt service,please complete anti attach a Rehm Receipt(PS Form 3911)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agant.Advise the clerk or mark the mailplece with the endorsement"Restricted Delivery". ■ If a postmark on the Certified Mail receipt Is desired,Blease present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt Is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present It when making an Inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. U.S. Postal Service,, • . CERTIFIED MAID RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) I:For delivery information visit our website at www.uspssom®`. tMoll's PS Fonn 3800,Jude 2002 See Reverse for instructions Certified Mail Provides: lesaeaizaozevaMoossvaajsa • A mailing receipt • A unique identifier for your mailpiece If A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First-Class.Melle or Priority Mail®. • Certified Mail is notavailable for any etas of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mall. ■ For an additional fee,a Rehm Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Retum Receipt(PS Form 38111 to the article and add applicable postage to cover the fee.Endorse mailpieceRehm Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. •For an additional fee, delivery may be restricted to the addressee or addressee's authorizedagant.Advise the clerk or mark the mallpiece with the endorsement"Restricted Delivery°. in If a postmark on the Certified Mail receipt Is desired,Palease present the arti- cleat the post office for postmarking. If postmark on the Certified Mall,. receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt andpresent it when making an inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. U.S. Postal Service i CERTIFIED MAIL, RECEIPT ff (Domestic Mail Only;No Insurance Coverage Provided) %For delivery information visit our website at www.usps.comro: . •� _. PS Fon,3800.June 2002 f-See Reverse for Incfnicfions Certified Mail Provides: vaoj sas sal zooa aanr coee is A mailing receipt /av ■ A unique identifier for your mallpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First-Class Mails or Priority Mail®. is Certified Mail is not available for any class of International mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt mar be requested to provide proof of delivery.To obtain Return Receipt service,please complete antl attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailplece Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mallpiece with the endorsement'Restricted Delivery".. ■ If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt andpresent it when making an inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. U.S. Postal Service,, r CERTIFIED MAIL,. RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.usps.com� r 17, Postage in Certified Fee PS Farm 3000,.Jum,2002 'See Reverse for Instructions Certified Mail Provides: • A mailing receipt (ovmsu)aco3 aanr'oon woad ad • A unique identifier for your mallpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: j ■ Certified Mail may ONLY be combined with Firsl•Class Mails or Priority Mail•. is Certified Mail Is notavailable for any loss of intematlonal mail, to NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Refum Receipt mag be requested to rovide proof of delivery.To obtain Return Receipt service,pteass complete antl attach a Retum Receipt(PS Form 38111 to the article and add applicable postage to cover the fee.Endorse mailpiece Rehm Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. Is For an additional fee, delivery may be restricted to the addresses or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Defivery°. ■ If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt andpresent It when making an Inquiry. Internet access to delivery informaplon is not available on mail addressed to APOs and FPOs. l_� �a� ion ego _GM,) < ` - • , - �. � Y � \ � ,`• 4 { !,, 6 n 4 k ' / ` 1 t t I 1. • CITY OF SALEM, MASSACHUSETTS BOARD OF HEALTH 120 WASHINGTON STREET,4""FLOOR TEL. (978) 741-1800 KIMBERLEY DRISCOLL FAx(978)745-0343 MAYOR IMANCINI@SALflM.COM JANET MANCINI ACTING HEALi11 AGEN'r Facsimile n Transmittal Fax # b l 502 o� ' 3 RE: �)r ll S olornlnj CL6#lex Date : �_ ,2)�9 Page(s): including this cover# Messa a:_- X ua D dLt) d[. kl Board of Health News ----------------------------------------------------------For Your Information OFFICE HOURS: Monday, Tuesday, Wednesday 8:00 AM to 4:00 PM Thursday 8:00 AM to 7:00 PM Friday. 8:00 AM to 12:00 NOON HP Fax Series 900 Fax History Report for Plain Paper--FaYJCopier Joanae.Scott.Calam BOH 978 745 0343 Jan-21-2009 3-45pm LaA Fax Tima . ... -Result i Jan 21 3:45pm Sent 916175269213 0:41 2 OK Result: OK_- black-and-white--fax-_ �I r The Commonwealth of Massachusetts Executive_ Office of Health and Human Services Department of Public Health Bureau of Environmental Health Community Sanitation Program DEVAL L.PATRICK 250 Washington Street, Boston, MA 02108-4619 GOVERNOR TIMOTHY P.MURRAY Telephone (617) 624-5757 LIEUTENANTGOVERNOR Facsimile.(617) 624-5777 JUDYANN BIGBY,MD SECRETARY JOHN AUERBACH COMMISSION ER i G6 Ottnn� December 10, 2008 _ ncAi-A Ms. Janet M. Dionne, Acting Health Agent City of Salem Board of Health 120 Washington Street, 4`h Floor Salem, MA 01970 (VIA Certified Mail #7007 1490 0001 4955 0082, Return Receipt Requested) RE: SALEM—Denied Semi-Public Swimming Pool Variance Willis Tuttle Condominium Association 183 R Federal Street Dear Ms. Dionne: The Massachusetts Department of Public Health("Department") has received and reviewed a multi-variance request for the above-cited semi-public swimming pool which has been approved by the City of Salem, Board of Health. The multi-variance request, as submitted, relates to the provisions of 105 CMR 435.08 regarding the number and/or location of inlets and outlets; 105 CMR 435.12(l) regarding flotation lines; and 105 CMR 435.13(1)regarding walkways being continuous around the pool with a minimum width of four feet of unobstructed clear distance (eight feet is desirable). Pursuant to 105 CMR 435.46, a variance may only be granted if the Board of Health finds and so states that the enforcement thereof would do "manifest injustice" and that the applicant has proved that the "same degree ofrotection" required under this code P q o e can be achieved without strict application of the mandated provision(s). In addition, as you know, any variance granted by the Board of Health must also be reviewed and approved by the Department. r The Department has determined that the multi-variance request, as submitted, does not provide sufficient details relating to each variance and, more importantly, does not satisfy the requiremerit that enforcement of the provision would do"manifest injustice"and that the "same degree of protection"required under this code can be achieved without strict application of the mandated provision(s). Therefore,the multi-variance request is denied at this time due to insufficient details and supporting documentation.. Thank you for your cooperation. Please feel free to contact me at(617) 624-5757 if you have any questions. =f Sincerely, Steven F. Hughes, Director Community Sanitation Program Cc: Suzanne K. Condon,Associate Commissioner, Bureau Director, BEH James Ballin, Deputy General Counsel, MDPH Legal Office Willis Tuttle Condominium Association t lr. The Commonwealth of Massachusetts Executive Office of Health and Human Services Department of Public Health Bureau of Environmental Health Community Sanitation Program DEVAL L.PATRICK - 250 Washington Street Boston DAA02108-4619 GOVERNOR > > TIMOTHY P.MURRAY Telephone (617) 624-5757 LIEUTENANT GOVERNOR Facsimile.(617) 624-5777 JUDYANN BIGBY,MD SECRETARY JOHN AUERBACH �..++ „rw P• "f ' COMMISSIONER December 10, 2008 STM Ms. Janet M. Dionne, Acting Health Agent City of Salem Board of Health 120 Washington Street, 4`h Floor Salem, MA 01970 (VIA Certified Mail#7007 1490 0001 4955 0082, Return Receipt Requested) RE: SALEM—Denied Semi-Public Swimming Pool Variance Willis Tuttle Condominium Association 183 R Federal Street r Dear Ms. Dionne: The Massachusetts Department of Public Health ("Department")has received and reviewed a multi-variance request for the above-cited semi-public swimming pool which has been approved by the City of Salem, Board of Health. The multi-variance request, as submitted, relates to the provisions of 105 CMR 435.08 regarding the number and/or location of inlets and outlets; 105 CMR 435.12(1) regarding flotation lines; and 105 CMR 435.13(1) regarding walkways being continuous around the pool with a minimum width of four feet of unobstructed clear distance (eight feet is desirable). Pursuant to 105'CMR 435.46, a variance may only be granted if the Board of Health finds and so states that the enforcementthereof would do "manifest injustice" and that the applicant has proved that the "same degree of protection"required under this code can be achieved without strict application of the mandated provision(s). In"addition, as you know, any variance granted by the Board of Health must also be reviewed and approved by,the Department. The Department has determined that the multi-variance request, as submitted; does not provide sufficient details relating to each variance and, more importantly, does not satisfy the requirement that enforcement of the provision would do "manifest injustice" and that the "same degree of protection" required under this code can be achieved without strict application of the mandated provision(s). Therefore, the multi-variance request is denied at this time due to insufficient details and supporting documentation. Thank you for your cooperation. Please feel free to contact me at(617) 624-5757 if you have any questions. Sincerely, r Steven F. Hughes, Director Community Sanitation Program Cc: Suzanne K. Condon, Associate Commissioner, Bureau Director, BEH James Ballin, Deputy General Counsel, MDPH Legal Office Willis Tuttle Condominium Association i i Kim Armstrong 183R Federal Street Salem,MA.01970 Dear Ms.Armstrong, On June 11,2008 the Board of Health received a complaint from a resident regarding the condition of the \ pool located at 183R Federal Street in Salem,MA. y` 11 Based upon this complaint and in accordance with 105 CMR 435.00: MINIMUM STANDARDS FOR 'A'�w� SWIMMING POOLS(STATE SANITARY CODE: CHAPTER V: You are hereby ordered to submit and \'�k application to the Board of Health to operate a swimming pool.Once the application is received an � inspection by the Board of Health will be conducted to ensure the pool is in compliance with Massachusetts State regulations to operate a swimming pool. In accordance Semi-Public Pool means a swimming,wading or special purpose pool on the premises of,or used in connection with a hotel,motel,trailer court,apartment house,condominium,country club,youth club,school,camp,or similar establishment where the primary purpose of the establishment is not the operation of the swimming facilities,and where admission to the use of the pool is included in the fee or consideration paid or given for the primary use of the premises. Semi-public pool shall also mean a pool constructed and maintained by groups for the purposes of providing bathing facilities for members and guests only. Should you be aggrieved by this order,you have the right to request a hearing before the Board of Health. A request for a hearing must be received in writing in the office of the Board of Health within 7 days of receipt of this order. At said hearing,you will be given an opportunity to be heard and to present witness and documentary evidence as to why this order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports. Orders,and other documentary information in the possession of this Board,and that any adverse party has the right to be present during the hearing. If you have any questions,kindly contact this office at(978)741-1800. For the Board of Health : Reply to: Joanne Scott David J. Greenbaum Health Agent Sanitarian Regular Mail By Hand { f w S ----,---� - Ko►v�r_v�o@ r1s_P_t�._Nawarr#-�-Edu- A 2--- - Lor Peiloc.o n a l�l�- -�� � f r IL + V20 5°e RC1ii� Oma, 1 � 8� ��d�� WhitePages.com - Online Directory Assistance Page 1 of 1 WhitePages.com" search.find.connect. 3 Results matching"36 Buffum Street, Salem MA" bort by Seletl Saimir Comi __—.... ePCN5CPE0 t'.NMS 36 Buffum Sl,Apt 2 Household:Frank Salem,MA 01970-2373 phone number unavailable Listing Details dE Make it easy for people to contact you on WhitePages.com Learn mare Frank W Liu _ _ _— SPUNSCg:S IaNKS ' 36 Buffum St,Apt 2 Household:Saimir Salem,MA 01970-2373 phone number unavailable Listing Details Monica Kendrick 38 Buffum St Salem,MA 01970-2373 (9781744-1576 Listing Details Copyrlarvt @ 1990.0008 MnitePNesxeir.All tgNls reserved. P ivacy PPoo[oy,L ae I�Nalme and 1ptR�y'underwhicil Ibis se,'vice is provided to ym. Microsoft ManPOlol Too,of Use and Pavacy statement. http://www.whitepages.com/search/ReverseAddress?street=36+Buffum+Street&city zip=S... 8/6/2008 i Commonwealth of Massachusetts City of Salem . Kimberley Driscoll Board of Health Mayor 120 Washington Street,4th Floor SALEM,MA 01970 Swimming Pool Seasonal Permit DATE PRINTED: 07/20/2010 " ESTABLISHMENT NAME: 183R Federal Street Pool/Willis Tuttle Condo File Number:BHF-2009-000030 1838 Federal Street SALEM MA 01970 LOCATED AT: SALEM, MA 01970 Permit Type Permit No. Permit Issued Permit Expires Fee Restrictions/Notes SWIMMING POOL- BHP-2010-0476 Jul 1,2010 Sep 30,2010 $140.00 SEASONAL Total Fees: $140.00 PERMIT EXPIRES September 30,2010 Board of Health 4� ll�, Page t lro CITY OF SALEM, MASSACHUSETTS BOARD OF HEALTH 120 WASHINGTON STREET,4-FLOOR TEL.(978)741-1800 KIMBERLEY DRISCOLL FAX(978)745-0343 MAYOR..YOR DGREENBAUMCU)SALEM.COM DAVID GREENBAUM, ACTING HEALTH AGENT r 2009 APPLICATION FOR PERMIT TO OPERATE A SWIMMING POOL LOCATION OF POOL 183Rear Federal St. NAME OF APPLICANT Willis Tuttle Condo Assoc TEL# (978)394-7144 MAILING ADDRESS 183Rear Federal St., Salem, MA 01970 CERTIFIED POOL OPERATOR Name: Kimberly Armstrong Cert#: 01-280920 TEL# (978)394-7144 DATES OF OPERATION (if not annual): July-September DAYS &HOURS OF OPERATION: variable TYPE OF POOL Public • Semi-Public X ° _ Special Purpose FEE: $210.00 for year round pools $140.00 for seasonal$40.00 Non-Profit (Please pay total with one check payable to the City of Salem) This permit is not transferable and must be reissued upon change of ownership. In accordance with the State Sanitary Code,before any renovations,improvements,or Equipment changes are made,all plans for such must be submitted to and-approved by the Salem Board of Health. Pursuant to MGL Chapter 63C, Section 49a,I certify under the pains and penalties of perjury that 1,to my best knowledge and belief,have filed all state tax returns and paid all state taxes required under the law. ? / /lo 22-55y (.01 SS Sig nature Date SS#or Federal Identification Number Revised 8/14/07 poolapp.wpd Check# Dat 0 - i j