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HomeMy WebLinkAbout2011-11-3Minutes for November 3, 2011, adopted Oct. 15, 2015 BOARD OF HEALTH Town of Nantucket 37 Washington Street Nantucket, Massachusetts 02554 R E C EE ! V E D www.nantucket- ma.gov ff jj ((T�� ��}}�� Commissioners: Patricia Roggeveen (Chair) Malcolm MacNab, MD, PHD, (Vice chair), James Cooper,�Hele a -Weld; RN, St ph.nrilis" Staff: Mark Voigt, James Grieder, Ann Medina Y —MINUTES November 3, 2011 4 Fairgrounds Road, First -floor Conference Room — 4:00 pm All or a portion of this meeting is being recorded. If you plan to record this meeting yourself, please check with the chairman of the board before you begin. Called to order at 4:00 p.m. Staff in attendance: Richard Ray, Art Crowley Attending Members: Patricia Roggeveen (Chair); Malcolm MacNab, MD, PHD; James Cooper; Helene Weld, RN; Stephen Visco Absent Members: unanimous consent Sitting Roggeveen, MacNab, Weld, Visco Recused Cooper Staff Ray – Mid -May 2011 Health & Fire responded to 40 Macy Lane on a complaint of Presentation individuals in the house passed out. What was found was carbon monoxide poisoning from a faulty furnace. Once the Health Department got there, what we determined was that the basement portion of the structure was used for sleeping and human habitation. Checking with the building department files, it became obvious this was not a permitted activity in the basement of this particular structure for any number of reasons. What we found was pursuant to our recent inspection. We asked that people to vacate basement portion of the property, which did occur with the beginning of summer. We placed a partial condemnation emergency placard on the building with the proviso that it would be removed when the furnace was repaired and there was a guarantee of no occupancy in an over -night basis in the basement area. Recently we had a complaint concerning the occupancy of the basement again The Health Department and the Building Department visited the property. We did find substantial evidence of bedroom usage in the basement building and a re -use of the basement for human habitation. To this end, we are requesting a partial condemnation order with respect to 105CMR410 with the Human Habitation Code of the State of Massachusetts for the following reasons: Insufficient natural lighting in all rooms used for sleeping, insufficient natural lighting in all rooms used for occupancy. If you are going to provide a sleeping room, you have to provide a full window and not a small basement window prevalent on many houses on Nantucket. Owner requirements for maintenance, we found smoke detectors were not connected, there were no handrails on any of the stairways entrances out of the building particularly the rear one, egress issues on railings and stairways. Asking for partial condemnation of the basement portion of the building until the Building Code and the Health Code are satisfied with regard to the human habitation requirements as stated in the Massachusetts State Code 105CMR410. Page 1 of 3 Minutes for November 3, 2011, adopted Oct. 15, 2015 Owner Rodale Lemus, for owner Marcus Tejada et al — We own the place. The people there had a place to rent at the end of October, and they were there only a month because they were leaving. I told them the apartment wasn't legal. They agreed to it. One person hasn't found a place to live. (Ray — They must leave immediately. If the Board decides on these partial condemnation orders, they will be required to leave immediately.) Will have a plan to work with Building Department Public No comment Close Hearing Roggeveen — Closing the public hearing portion of the meeting at 4:09 p.m. Discussion Mike MacDougall, Director Fire department — How will it be policed. Ray — There was some concern about the Health Department actually, physically locking the basement structure. However, that is not an option for us; because we assume responsibility for the building if we do that. We will place a placard on rear portion of the entryway for that basement noting a partial condemnation unfit for human habitation and it will be dated and in a weather -tight format. It will be placed on the bulkhead doors. And we will, because it is an open violation at this point that has not been corrected to the Building Department, we have the authority to go in at any reasonable time to ascertain occupancy of the basement. If the basement situation has not been rectified with the Building Department, we will go back much sooner than Spring (2012) and will do a cursory inspection; we will ask the individuals on the first floor if we may indeed walk into the 2nd (basement) floor; we will go in through the back door and ascertain if anyone is living in the basement; and if there is, criminal action will then occur. If not, it is a status quo. Roggeveen — This can rise to the level of criminal action? Ray — Yes it can. Weld — Have the owners indicated any indication to correct these? Is there a plan in place? Ray — I would refer to the Building Department. Is there an application to correct? Steve Butler, Director Building Department — I do have an application for them to fill out. Ray — We are not interested in overly penalizing people. We want to see the situation corrected. That is the goal of the Health Department. Butler — Owner had a permit in 2007 to finish the space, to put in a living area down there, a bathroom, two offices, and a storeroom. And the received Certificate of Occupancy for those uses. The problem was during the event in March, was that they were using it as separate apartment and using the offices and storage room as sleeping rooms. They were in violation of the building code because they didn't have emergency egress windows. Those rooms did comply for original uses; but a sleeping room has a higher standard; and Health Code and Building Code difer requirements for natural light and natural ventilation and they can be compensated for under the Building Code with mechanical devices. Ray — They cannot be compensated for by mechanical devices under the Health Code. They need the larger windows. Butler — The main violation, if they choose to cure the situation under the Building Code for the purposes of habitation, sleeping in those rooms, they will have to put in three egress - compliant windows and proper smoke detectors and carbon monoxide detectors. So they could use those spaces as a single - family dwelling or sleeping spaces just by the installation of the egress windows and detectors. Page 2 of 3 Minutes for November 3, 2011, adopted Oct. 15, 2015 Ray — We actually have the additional regulation that denotes a basement in which over 50 percent of its wall height is below grade, is unfit for occupancy/human habitation. We did find a de- humidifier in the kitchen area which denotes to us a moisture problem. No other questions Action Motion to Approve partial condemnation. (made by: McNab) seconded. Vote Unanimously Motion to Adjourn: 4:15 p.m. Submitted by: Terry L. Norton Page 3 of 3