13 Willow Avenue #2 Lead Inspection 5-15-2017 postal
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CITY OF SALEM, MASSACHUSETTS
BOARD OF HEALTH PublicHedth
120 WASHINGTON STREET,41H FLOOR Prevent.Promote-Protect.
TEL. (978) 741-1800 FAx (978) 745-0343
KIMBERLEY DRISCOLL health@salem.com
L.�I2RY ILAMDIN,RS/I2JI IS,CHO,CP-FS
MAYOR HF'AI.;n-I AGT-wr
May 15, 2017
Michael Reiter
13 Willow Ave#3
Salem,MA 01970
Dear Michael Reiter: '
A Lead Paint Determination inspection was conducted of the property owned by you at 13 Willow Avenue#2 in the City of Salem by
Elizabeth Gagakis,Senior Sanitarian with the City of Salem Board of Health. This determination revealed the presence of lead paint in a
violation of Massachusetts General Laws,Chapter 111, Section 197.
Please contact this office at 978-741-1800 as soon as possible to discuss your responsibilities in this case,and the material enclosed.
The Massachusetts Department of Public Health(DPH)'s Lead Poisoning Prevention Regulations require that you provide to this office,
within sixty(60)days of your receipt of this letter,a contract with a licensed deleader, signed by both you and the deleader,to abate and/or
contain all lead violations existing in the dwelling unit,including interior and exterior common areas. You must provide the deleading
contractor with a complete inspection report from a licensed lead paint inspector including an assessment for encapsulation if desired. Also,
if you or your agent is planning to do any low-risk abatement and containment work,within sixty(60)days of your receipt of this letter you
must provide this office with a signed and completed Childhood Lead Poisoning Prevention Program(CLPPP)form entitled,"Documentation
of Training to Perform Owner/Agent Low-Risk Abatement and Containment and Deadlines By Which Owner/Agent Low-Risk Work Will
Be Completed: This form is available from CLPPP in the Homeowners Abatement package.
The contract with the licensed deleader must specify,and if you or your agent will be performing low-risk work,then you or your agent will
attest in the CLPPP owner/agent form described above,that the deleading will be completed by the deadlines described in this paragraph. All
violations on the interior and interior common areas must be deleaded within ninety(90)days from receipt of this letter. However,you have
one hundred and twenty(120)days from receipt of this letter to complete the following;any low risk deleading work you or your agent
perform,as long as all dust-generating abatement and containment work,including surface preparation,required to be done by a licensed
deleader has been completed,and any doors that were removed have been replaced,within ninety(90)days; application of encapsulants by
Level II deleaders,as long as all dust-generating abatement or containment work,including surface preparation,has been completed within
(90)days;and installation of replacement windows, as long as you can document that new windows have been ordered within ninety(90)
days. All exterior violations must be deleaded within one hundred and twenty(120)days. The contract must also specify that the unit will
meet acceptable dust levels,as determined by the sampling done by the licensed private lead inspector,and that the deleader will be required
to re-clean the unit if necessary until is meets acceptable standards for dust.
This Department is required by law to file a case against you in court if it has not received a copy of the deleading contract by the sixty first
(611)day,or if the above timelines for interior and exterior deleading compliance are not adhered to as documented by a private lead paint
inspector. In a criminal case,you may be fined by the court up to$500 for each day of non-compliance.
Under the law,only deleading contractors licensed by the Department of Labor and Industries(DLI)may engage in the abatement or
containment of known lead hazards,with the exception of certain low-risk work that may be performed by an owner of owner's agent without
a deleader's license. Before such an owner or owner's agent may perform low-risk abatement and containment work,he or she must read the
Childhood Lead Poisoning Prevention program(CLPPP)'s educational booklet,view the CLPPP encapsulation video,and take a self-
corrected exam that must be submitted to CLPPP. To receive a copy of the Homeowners Abatement package, call the CLPPP Central Office
at 1-800-532-9571.
Also available from CLPPP,at the phone number above, is the booklet,"Deleading Whether to Encapsulate." If after reading it you decide
you would like to have an assessment for encapsulation performed,you must hire a licensed private lead inspector to perform this assessment.
Results of the assessment shall be recorded on the initial"Lead Inspection/Surface Assessment form"and a copy should be sent to me. Only
those surfaces approved by the licensed inspector will be eligible for encapsulation,no matter who actually applies the encapsulant,a licensed
Level II deleader or you or your agent. I have enclosed a list of licensed private lead inspectors.
If you would like information about financial resources available for deleading,a pamphlet entitled"Deleading?Grants&Loans for Property
Owners 1995 Resource Directory"is also available from CLPPP.
At least 10 business days before any deleading works begins,the deleader must provide written notification to DLI,all residential occupants,
the Board of Health and CLPPP. It is your responsibility, as the owner of the premises,to make sure the contractor sends the completed
forms to all parties. If you or your agent will be performing low-risk abatement and containment work,you are responsible for providing the
written notice of deleading to DLI,the residential occupants,the Board of Health and CLPPP,and also for writing on the form which low-
risk abatement and containment activities you or your agent will be performing.
All occupants and pets must be out of the dwelling unit for the entire time that interior deleading work performed by the licensed deleader is
in progress. Occupants and pets may remain in the unit while you or your agent perform low-risk abatement work,as long as they stay out of
the work area. Also,occupants and pets must be out of the unit entirely while you or your agent apply coverings to a surface with peeling,
chipping or cracking lead paint or plaster. Occupants and pets who have been out of the unit may not return until a licensed private lead
inspector approves re-occupancy by conducting an on-site reinspection of the unit,including taking dust samples to assure that lead dust
levels meet approved standards. This reinspection will be done at least 25 hours after deleading work is done;the inspector must wait at least
one hour after the deleader performs a final clean-up,and the deleader must wait at least 24 hours after the completion of deleading work to
perform that final clean-up. Deleaded surfaces are not to be repainted until the inspector performs the reinMection and gives approval.
All work is to be done in a workmanlike manner and.the.dwelling must be returned to a condition that meets the requirements of Chapter I1 of
the State Sanitary Code. Scraped surfaces must be feathered and made smooth by the deleader prior to repainting. (Repaint only after
reinspection.) Deleaded windows and doors must have all panes of glass intact and must be weather tight.
You are required to provide written notice of the presence of lead paint to all other occupants of the building. The"Notice to Tenants of Lead
Paint Hazards"is enclosed for that purpose.
You are also required to send a copy of the inspection report and the enclosed order to all mortgages and lien holders of record.
Questions regarding Department of Labor and Industries regulations should be address to the DLI office at(617)727-1932. Questions
regarding the Department of Public Health regulations should be addressed to the CLPPP central office at(800)532-9571 or to this
Department at 978-741-1800.
For the Board of Health Reply to:
L19, 4�_�A
Larry Ramdin Elizabeth Gagakis
Health Agent Licensed Lead Determinator
License#D 4009
cc: Tenant
CERTIFIED MAIL 7012 3050 0001 2959 6118
CITY OF SALEM, MA SSACHUSETTS
BOARD OF HEALTH ftblicEk n
120 WASHINGTON STREET,4"'FLOOR Prevent,Promote,Protect.
TEL. (978) 741-1800 FAx(978) 745-0343
KIMBERLEY DRISCOLL health salem.com
LARRY RAIbIDIN,RS/RFIIS,CHO,CP-FS
MAYOR HEALTH AGENT
May 15,2017
Order to Correct Violation
Michael Reiter
13 Willow Ave#3
Salem,MA 01970
Dear Michael Reiter:
Owner or agent of the property located at 13 Willow Ave#2 in the City of Salem,MA:
Be advised that an agent of the Board of Health has determined certain portions of the aforementioned residential property to be in violation
of the State Sanitary Code Chapter II, "Minimum Standards of Fitness for Human Habitation", 105 Code of Massachusetts Regulations
410.750(J).This violation also constitutes a violation of the Lead Law,Massachusetts General Laws, Chapter 111, Section 197,and the
Regulations for Lead Poisoning Prevention and Control, 105 Code of Massachusetts Regulations 460.000.
Conditions exist in this residence which may endanger and/or materially impair the health of the occupants of these premises.
Declaration of Emergency
The Director of the Childhood Lead Poisoning Prevention Program and the Board of Health declare that the presence of the aforementioned
violation presents an immediate danger of lead poisoning to one or more occupants of the premises and that this constitutes an emergency
pursuant to the Massachusetts General Laws(MGL),Chapter 111, section 198,within the meaning of the Sanitary Code,Chapter 1, Section
400.200(B).
Abatement of Lead Violations
The Lead Law,MGL c. 111,ss. 189A-199B and the Department of Labor and Industries'Deleading Regulations,454 CMR 22.00,as well as
the Department of Public Health's Regulations for Lead Poisoning Prevention and Control require that licensed deleading contractors
conduct residential lead abatement and containment,with the exception of certain low-risk abatement and containment activities which may
be performed by an owner or owner's agent in compliance with 105 CMR 460.175 without a deleaders license.These low-risk abatement and
containment activities are the following: applying encapsulants;applying such coverings as carpet,vinyl,aluminum,plywood,plexiglass and
acrylic to surfaces including siding of exterior surfaces;removing doors,cabinet doors and shutters;and capping baseboards. Violations of
this requirement shall be punished by a fine of not less than$500 nor more than$1500 for each offense.
Order
You are hereby ordered to remedy all violations of MGL c. 111, s. 197 and 105 CMR 460.000 as identified by a licensed private lead
inspector,according to the following schedule:
Within sixty(60)days of your receipt of this Order,you must provide to this agency a copy of a signed contract with a licensed deleader.
If you or your agent is doing owner/agent low-risk abatement and containment,you must also provide,within sixty days,a signed and
completed CLPPP form entitled"Documentation of Training to Perform Owner/Agent Low-Risk Abatement and Containment and Deadlines
By Which Owner/Agent Low-Risk Work Will Be Completed".The contract must specify,and if you or your agent will be performing low-
risk work,then you or your agent will attest in the CLPPP owner/agent form described above,that the deleading will be completed according
to the following schedule:
(A)Violations of the interior of the dwelling unit and interior common areas must be abated or contained within
ninety(90)days of your receipt of this Order.However,you have a total of one hundred and twenty(120)days from receipt of the
Order to complete the following activities:
(1.)any low risk abatement work you or your agent perform, as long as all dust-generating abatement or
containment work,including surface preparation required to be done by a licensed deleader has been completed,and any doors
removed have been replaced,within ninety(90)days of your receipt of this order
(2.) application of encapsulants by licensed Level H deleaders,as long as all dust-generating abatement or
containment work,including surface preparation required to be done by a licensed deleader,has been completed within ninety(90)
days of your receipt of this order
(3.)installation of replacement windows,as long as you can demonstrate that new windows have been
ordered within ninety(90)days of your receipt of this Order.
(B)Violations on the exterior of the residential premises and exterior common areas must be abated within one
hundred and twenty(120)days of your receipt of this Order.
The contract with the deleading contractor must also specify that the unit will meet acceptable dust levels,as determined by the results of
sampling done by the licensed private lead inspector at the time of the reoccupancy reinspection. Should any of the dust samples fail to meet
acceptable standards,the deleader will be required to reclean the entire unit until all dust samples meet acceptable levels.
You must comply with all of the deadlines stipulated above,and with all applicable sections of 105 CMR 460.000.Compliance with this
Order will be determined by this agency's receipt of the appropriate documentation within the specified deadlines.The documentation
consists of the following:
a)a copy of a signed and dated deleading contract with a licensed deleader
b)if you or your agent will be doing low-risk deleading work,a completed and signed copy of the CLPPP form "Documentation of
Training to Perform Owner/Agent Low-Risk Abatement and Containment and Deadlines By Which Owner/Agent Low-Risk Work Will Be
Completed"
c)a Letter of Lead Paint Reoccupancy Reinspection Certification issued by a licensed private lead inspector
d)copies of results of all dust samples taken by the licensed private lead inspector and
e)a letter of Full Deleading Compliance issued by a licensed private lead inspector.
In addition,a copy of the deleading notification must be received by this agency at least ten(10)business days prior to any commencement of
deleading.
Penalties
Failure to comply with this Order will result in criminal prosecution.The law provides penalties of up to$500 for each day of non-
compliance. In addition,you may become liable for civil punitive damages equal to three times any actual damages for failure to comply with
this Order if a child becomes poisoned.
Correction of Violation by Code Enforcement Agency
If the dangerous levels of lead are not abated within the time periods stipulated above,this agency may contract with a licensed deleader to
correct the violation and bill the owner or initiate court action to reimburse itself.
RIGHT TO A HEARING
You may request a hearing pursuant to 105 CMR 460.900 of the Regulations for a Lead Poisoning Prevention and Control,in conjunction
with the procedures of 105 CMR 400.200(B),the Sanitary Code provision for hearings in emergency public health matters.As already noted,
the aforementioned violation constitutes an emergency. (See"Declaration of Emergency" section.)As such,you may request a hearing only if
you have complied with this Order.The hearing will be provided within ten days of your request.This agency shall issue a written decision
within seven days after the hearing.
For the Board of Health, Reply to:
Z,
Larry Ra Elizabeth Gagakis
Health Agent Licensed Lead Determinator
License#D 4009
cc: Tenant
C.L.P.P.P.
CERTIFIED MAIL 7012 3050 00012959 6118
LEAD DETERMINATION REPORT FORM
Date of Determination: CJ I5
Inspector: E �S
License#: 0
Method Used: K_Sodium Sulfide Expiration date:
X-Ray Fluorescence Model:
Serial#:
Property Address: �J � , AV . . Apt. #
G
Description of Property:
- —Single family
!/ Multi-family #units 3
Garage
Fence
Other structures
Age of Property: L,,*' Pre-1978
Post-1978
Occupant: -e
Occupants under six year of age:
t DOB: 1
Q, DOB: (Violiq
DOB:
Occupant's Telephon
Property Owner(s): QEi
Owner's Address: ,0
G�
Owner's Telephone: $2.1 -I 1(]
Lead Hazards found? Yes 1-// No
An X-ray fluorescence reading greater than 1.0 mg/cm2 or a gray or black reaction to sodium
sulfide indicates a dangerous level of lead and constitutes a positive determination.
Deleading should not be undertaken based on this report. A licensed lead inspector must
do a full inspection in order for you to qualify for a Compliance Letter. Deleading of lead
painted surfaces must be performed by an appropriately authorized person, including a
licensed deleading contractor, a licensed lead-safe renovator, and an owner/agent who is
trained to perform specific work as required under the Lead Law. Contact the Childhood
Lead Poisoning Prevention Program for additional information regarding deleading and
training.
BOH Detenn Fonn
Revised 1-05
Pagel of2
LOCATION SOURCE Pb
1. Child's bedroom Window parting bead/exterior sill area
2. Child's bedroom Window sill
3. Living room Window parting bead/exterior sill area
4. Kitchen Window parting bead/exterior sill area
5. Interior Flaking paint
6. Exterior Flaking paint
7. Exterior Cellar window units
8. Exterior Window sills below 5'
9. Exterior Main entry door casing
10. Interior Outside corner of baseboard
11. Kitchen or Bathroom Chair rail
12. Window sill
13. Exterior Threshold
14. Interior hallway(common area) Stair tread or stringer
15. Interior hallway(common area) Balusters
16. Interior hallway(common area) Door casing
17. Porch Stair tread or riser
18. Porch Railing cap
19. Porch Balusters
20.^ Porch Support columns(<6" diameter or square)
21. Porch Staircase stringer
22. Exterior Bulkhead
23. Garage/Outbuilding Door casing or jamb
24. Interior + Closet door or baseboard(uncapped) PQg
25. Interior Cabinet door, shelf, or wall
l._.IUlhc f'OOYY1 doyot``la-or cusim
BOH Detenn Fenn
Revised 1-05
Page 2 of 2
REQUEST FOR DETERMINATION OF LEAD HAZARDS
AND ENFORCEMENT OF THE LEAD LAW
Date: �7 -/S 20/
request the Department
print name o f o ccupant
of Public Health to inspect my residence or dwelling unit for lead paint.
The address of this residence or unit: 3 i I Ud
1M �A ;),
Street and Apartment Number
10] 9 M , Massachusetts.
City or Town Zip code
The telephone number to reach me there is: ( ` 1 ��J 1.33
Phone Number
The child (ren) under the age of six(6) years who reside(s) in this household is/are:
i 10,
Name Birth date Name Birth date
.:)k1ja- - la
Name Birth date Name Birth date
Was the residence built before 1978? Yes No
I understand that the lead determination requested may include all rooms of the dwelling unit or
residential premises, common areas, porches and accessible exterior areas, as well as other buildings
within the property lines. I further understand that if there is a child under six (6) years of age in
residence, and the determination hereby requested identifies lead hazards in violation of Massachusetts
General Laws, chapter 111, section 197, and Regulations for Lead Poisoning Prevention and Control, 105
Code of Massachusetts Regulations 460.110 and .750, such violations must be either deleaded for full
compliance, or the unit must be brought under interim control, at the property owner's expense. The
property owner must correct all violations, whether for full compliance or interim control, within 120
days of the receipt of an Order to Correct Violations. The property owner must also submit within 60 days
of the receipt of such an Order, a copy of a signed contract with a licensed deleader, if one will be
necessary for the required work. If the owner or his/her agent is going to perform owner/agent deleading
1
BOH Request for Determination Revised 11/04
work, the owner must also submit a special form within 60 days. If the owner fails to comply with the
Order to Correct Violations, the Health Department shall initiate judicial proceedings against the owner to
enforce the Order.
The Massachusetts Department of Public Health's Childhood Lead Poisoning Prevention Program
conducts random audits of inspections conducted by private inspectors and risk assessments conducted by
private risk assessors following lead determinations. Such monitoring is performed to assure the quality of
services being provided to the public. By requesting this determination, you agree to allow CLPPP access
to your residential premises or dwelling unit after the initial determination and prior to your returning
once any deleading, whether for full compliance or interim control, is completed. Not all private
inspections or private risk assessments will be audited, so you may not hear from CLPPP requesting
access for these additional visits.
W//� )tzz�
,e o ccupant
2
BOH Request for Determination Revised 11/04