Microsoft Word - BOH Regs Updated 050927.doc

PROVINCETOWN BOARD OF HEALTH

LOCAL REGULATIONS

PART I - RULES OF PROCEDURE ........................................................ 5

PART II - POLICIES ............................................................................... 12

PART III - FUEL STORAGE ................................................................. 19

Article 1 - Control of Underground Fuel and Chemical Storage Systems.. 19

Article 2 - Residential Underground Storage Tanks .................................. 21

PART IV – COMMERCIAL REQUIREMENTS................................... 26

Article 1 - Rules and Regulations Governing the Practice of Massage and the Conducting of Establishments for the Giving of Massage, Vapor, Pool Shower, or Other Baths ............................................................................. 26

Article 2 - Sun-tanning Booth Regulations ............................................... 32

Article 3 - Stable Regulations .................................................................... 34

Article 4 - Swimming Pool Regulations...................................................... 37

(Amendment to 310 CMR 12.00) ............................................................. 37

Article 5 - Fish Off-Loading Operations ................................................... 39

Article 6 - Food Establishment Regulations ............................................... 40

Article 7 - Rental Mooring Field Permit Regulations ............................... 47

Article 12 - Camps, Cabins & Motels Licenses ........................................ 49

Article 13 - Rules and Regulations Governing the Practice of Body Piercing ...................................................................................................... 50

Article 14 - Rules and Regulations Governing the Practice of Tattooing….67

Article 15 - Rules and Regulations Governing the Practice of Applying Temporary Tattoos……………………………………………………..…..83

PART V - PESTICIDES ........................................................................... 89

Article 1 - Pesticide Regulations ............................................................... 89

PART VI – SANITATION COLLECTION AND SEPTAGE HAULERS…………………………………..……………………………..90

Article 1 - Septic System Installer's Regulations ...................................... 90

Article 2 - Septage Hauler's Permit Regulations ...................................... 91

Article 3 - Sanitation Collection & Disposal .............................................. 92

Article 4 - Rules & Regulations for the Use & Operation of the Transfer Station ......................................................................................................... 95

Article 5 - Solid Waste Fees ....................................................................... 97

Article 6 - Infectious Waste Regulations ................................................. 100

Article 7 - Waste Recycling Regulations.................................................. 100

Article 8 - Nuisance Regulations ............................................................. 109

Article 9 - Provincetown Refuse Haulers Permit .................................... 113

Article 10 - Rules and Regulations Governing Municipal Refuse and Recycling Pick-Ups on Private Ways Open to the Public ....................... 114

PART VII – LOCAL TITLE 5 SUPPLEMENTS ................................ 116

Article 1 - Upgrade Requirements - Grease Traps and Septic Systems.... 116

Article 2 - Upgrade Requirement: Dollar Value of Construction ........... 118

Article 3 - Deleted March 9, 1995............................................................. 118

Article 4 - Upgrade Requirement - Distance to Wetland ......................... 119

Article 5 - Inspection by Designer and Health Agent Prior to Backfilling and

Certifying ................................................................................................. 120

Article 6 - Upgrade Requirement – No Variances for New Buildings or Undeveloped Lots .................................................................................... 121

Article 7 - Sanitary Sewage Tight Tank Regulations - Deleted: March 9, 1995 .......................................................................................................... 121

Article 8 - Failed System -Deleted: March 9, 1995 .................................. 121

Article 9 - Definitions .............................................................................. 122

Article 10 - Water Use Regulation -Deleted: March 9, 1995 ................... 123

Article 11 - Abutter Notification of Varianced Plan –

Deleted: March 9, 1995 ............................................................................ 123

Article 12 - Plan Submittal Requirements ................................................ 124

Article 13 - Upgrade Requirement - Entire Lot ....................................... 124

Article 14 - Determining Sewage Flow Estimates.................................... 125

Article 15 - Annual Local Septic System Inspector Permit…………......…..125

Article 16 - Real Estate Transfer Inspection Reports…………….….……127

Article 17 - Municipal Sewer System…………………………………….128

Article 18 - Regulations Regarding Studios and Workshops ………….…134

PART VIII - ENFORCEMENT AND REVENUES............................ 135

Article 1 - Fee Schedule ......................................................................... 135

Article 2 - Non-Criminal Violation Statute ............................................. 137

PART IX - TOBACCO ........................................................................... 138

Article 1 - Tobacco Control Regulations ................................................ 138

PART X - HARBOR WATER TESTING .............................................146

Article 1 - Harbor Water Quality Testing ................................................ 146

PART XI - BIRD CONTROL................................................................ 148

Article 1 - Bird Feeding ........................................................................... 148

PART XII - SEWER REGULATIONS……………………………...…149

Article 1 - Sewer Connection Criteria and Prioritization…….……………....149

PART XIII - DOG RESTRAINT………………………………….…...150

Article 1………………………………………………………..…...……..150

PART I – RULES OF PROCEDURE

Section 1 - Officers

A. The Board shall elect from its own membership a Chair, Vice Chair and a Clerk. Such election shall take place annually at the first regular meeting following the Annual Town Meeting.

B. The Chair or, in his or her absence, the Vice Chair, shall preside at meetings of the Board and shall, subject to these rules, decide all points of procedure, unless overruled by a majority of the Board in session at the time. The Chair shall act as liaison between the Board, the Health Agent and the Board’s secretary.

Section 2 – Meetings

A. General

All meetings of the Board shall be conducted in accordance with Chapter 39, Section 23A, of the Massachusetts General Laws (Open Meeting Law).

B. Regular Meetings

The Board of Health and the Health Agent shall meet generally twice monthly and at such other times as the Board may decide. Unless it be in executive, every meeting of the Board of Health shall be open to the public and to the press (Town of Provincetown General ByLaws, Section 4-2-1).

C. Special Meetings

Special Meetings of the Board may be called by the Chair with the concurrence of a majority of the members of the Board; however, the required statutory forty-eight

(48) hour public notice of such a meeting may not be waived.

D. Public Hearings

A workshop meeting will be held at least one (1) week prior to any Public Hearing.

E. Emergency Meetings

1. The Chair may call an emergency meeting of the Board when, in the judgment of the Chair, immediate and/or delayed action by the Board would be contrary to the best interest of the Town of Provincetown.

2. Matters acted upon by the Board at emergency meetings shall be made an agenda item at the next regular scheduled meetings of the Board for the purpose of ratifying decisions rendered at the emergency meeting.

3. Authority to act upon routine Board matters as necessary for timely dispatch may be delegated to the Chair. Actions taken under the provision of this subsection shall be ratified at the next regular scheduled meeting of the Board.

F. Work Sessions

The Board will reserve the right to schedule work sessions. These work sessions shall be used to act on agenda items that require extended time and consideration of the Board and will usually be limited to one (1) agenda item.

G. Time of Meetings

1. All Board meetings shall normally be scheduled to commence promptly at 6:30

p.m. and terminate not later than 11:00 p.m. However, in the event that official business remains to be transacted at the scheduled adjournment time, the Board may vote to suspend this requirement under the provisions of Section 6 of these procedures.

2. Unfinished business remaining at the scheduled or alternate adjournment time shall appear on the agenda of the next regular scheduled meeting.

H. Board Members’ Absences/Tardiness

1. Any Board member who expects to be absent from a scheduled Board meeting or delayed more than one hour shall notify the Chair at least 24 hours in advance of the scheduled meeting.

2. The Chair must be notified in writing for absences from more than two consecutive scheduled meetings.

I. Meeting Notice

A written notice of all scheduled meetings of the Board, except as precluded by Section 1E above, shall be filed with the Town Clerk at least forty-eight (48) hours in advance of the meeting for posting on the Town Bulletin Board.

Section 3 – Agenda for Regular Meetings

A. Format

The format for regular scheduled meeting agendas shall be:

1.Public Comments

2.Discussion

3.Old Business

4.New Business

5.Any Other Business That Shall Properly Come Before the Board

6.Approval of Minutes

7.Health Agent’s and Health Inspector’s Reports

8.Board Members’ Statements

Agendas for special and emergency meetings may be modified by the Chair to conform to the purpose(s) for which the meeting was called.

B. Agenda Action Request Forms

Any item placed on the agenda shall have an “Agenda Action Request” form, with the Health Agent’s report and recommendation filled out by the Health Agent.

C. Notification of Parties on Agenda

1. All involved parties must be notified verbally that they are being put on the agenda three (3) working days prior to the meeting.

2. Any review of a property or business requested by the Board of Health or the Health Agent will necessitate a written notice by certified mail, to be postmarked three (3) days prior to the meeting.

D. Procedure for Placement on Board of Health Agenda

1. Items requested to be placed on the meeting agendas, other than from Board members, shall be in writing stating:

a.Subject matter

b.Individuals expected to be in attendance

c.Concise summary of the essence of the subject matter

d.The applicant’s proposed motion

2. Agenda item requests must be received by the Health Agent by noon on the Thursday prior to the next scheduled regular meeting. Agenda item requests received after this time may be included under an appropriate agenda item, at the discretion of the Chair.

Section 4 – Procedures During Meetings

A. General

1. Proceedings during meetings shall normally be governed by Robert’s Rules of Order, except as modified by these procedures.

2. When deemed necessary and appropriate, the Chair may offer a motion and/or a second.

3. No person shall address a public meeting of the Board without permission of the Chair or other designated presiding officer.

4. Items which appear on the meeting agenda shall be considered as properly before the Board for action without benefit of a specific motion to that effect. However, any member may reserve the right to move that an agenda item be stricken from the agenda. Such a motion, if made, shall be subject to action by the other members of the Board as would be appropriate to action on routine motions.

5. No determination shall be made by the Board of Health on items not formally on the agenda.

B. Public Comments

1. It is the policy of the Board of Health not to respond to speakers under Public Comments. In order for any Board member to speak in response to Public Comments during a meeting, he or she must have the consent of the majority of the Board members present. Issues brought to the attention of the Board under Public Comments are taken under advisement.

2. All speakers under Public Comments must be acknowledged by the Chair before speaking.

3. Speakers may be limited to five (5) minutes each.

4. Speakers may be limited to one acknowledgment per topic.

C. Public Hearing Procedures

A work session will be held at least one week prior to any Public Hearing.

1. Preliminary Procedures

a. Proponents and opponents must set up any displays or graphic presentations prior to the actual start of the hearing.

b. Principal speakers must identify themselves to the Chair prior to the start of the hearing.

c. Copies of the hearing procedures will be posted or distributed prior to the start of the hearing.

2. Hearing Procedures

a. The Chair will open the hearing identifying the purpose of the hearing and the rules to be followed during the hearing.

b. If testimony at the hearing must be given under oath, a five-minute recess will be taken to permit speakers to register with the meeting recorder. When the hearing is reconvened, the Chair will render the oath in front of all present.

c. The basic format of the hearing will be:

Arguments: Proponents Questions: Board of Health Questions: Public (addressed through the Chair)

Arguments: Opponents Questions: Board of Health Questions: Public (addressed through the Chair)

Recess (five minutes)

Concluding Statement/Rebuttal: Proponents

Concluding Statement/Rebuttal: Opponents

d. No questions will be permitted until after the speaker has finished his or her presentation. Questioners will identify themselves to the Chair, state their question and specify to whom it is addressed. Any disagreement with answers is restricted to rebuttal statements.

e. At the completion of arguments, citizens may record themselves in agreement with the speaking side without making another presentation. (This provision is designed to reduce repetition).

Section 5 – Minutes of Meeting

A. The written minutes, at minimum, shall record the time and date of the meeting, names of Board members present, voting and absent; names of members of other official boards, commissions and committees present; the exact motion(s) made and vote(s) or other official action(s) taken. Written minutes shall not include verbatim or otherwise lengthy record of discussion on agenda items.

B. Minutes of the Board of Health meetings shall be submitted for Board of Health approval at least three (3) working days before the next meeting can proceed.

C. Minutes shall be recorded with the Town Clerk within five (5) working days of Board of Health approval.

Section 6 – Suspension of Procedures

These procedures may be suspended by an affirmative majority vote of the Board members present and voting.

Section 7 – Reconsideration of Votes

Any vote taken may be reconsidered without limitations as to the time, upon a proper motion before the Board and a favorable majority vote of the members present and voting, provided that the Board of Health member making the motion to reconsider voted in the majority on the original motion.

Section 8 – Review of Procedures

These procedures shall be reviewed annually following the normal annual reorganization of the Board of Health or more often if necessary and dictated by changes in the Board of Health’s composition.

Section 9 – Amendments to Procedures

A. These procedures may be amended by a majority vote of the members present and voting at a regularly scheduled meeting provided, however, that the proposed amendment has been submitted in writing at least one week prior to the date that the amendment is to be voted upon.

B. An amendment shall be construed to mean any addition of a new procedure or deletion or modification of an existing procedure.

Section 10 – Effective Date

These procedures are effective March 8, 2001.

Section 11 – Distribution

A copy of these procedures will be provided to each newly elected Board of Health member upon that individual’s appointment to office.

PART II – POLICIES

Section 1 - Local Regulations

A. All regulations promulgated by the Board of Health shall be filed with the Town Clerk. Copies of the new regulation(s) with the Town Clerk’s stamp shall be distributed to each Board of Health member.

B. All regulations promulgated by the Board of Health shall have a Part number, Article number and Section number.

C. All revisions, additions or deletions to current regulations shall be proposed in such a way that the Board of Health vote to adopt contains the phrase: “To read as follows” and followed by the full text of the regulation including the revision, addition or deletion.

D. All regulations submitted to the Town Clerk must contain:

1. Adoption date

2. Names of Board members voting in favor of adoption

3. Advertising dates in newspaper for Public Hearing and for adopted regulation

E. All proposed Solid Waste Regulations must be placed on the Board of Selectmen’s agenda for discussion and written comment prior to scheduling a Board of Health Public Hearing.

This policy excludes regulations proposed and requested in writing by the Town Manager and/or the Board of Selectmen.

Section 2 – Title 5 Reviews

A. All engineered plans will be submitted to the Health Agent two (2) weeks prior to the scheduled Board of Health meeting.

B. Plans are to be submitted with nine (9) copies:

1. One (1) for Health Agent

2. One (1) for Health Inspector

3. Five (5) for Board of Health members

4. One (1) for Building Department

5. One (1) for Water Department

C. All plans must include water use and septic pumping volumes for the previous three (3) years.

D. All plans must be accompanied by an accurate sketch of the layout of the building(s) to be served, identifying all rooms and areas of the interior. The property description on the septic plan must reflect the appropriate legal and/or licensed use.

The Health Agent must make a site visit to verify the accuracy of the information on the sketch.

E. All engineering plans should have six (6) lines provided for Board of Health member’s signatures, a date line and the locus identified (including the Assessor’s Map reference) in the lower right of the plan.

F. All septic system installations, repairs and upgrades – whether residential or commercial – shall be placed on an agenda to be reviewed by the Board of Health for approval. The only plans not requiring Board of Health review are those plans not requiring variances from Title 5 or the local Board of Health regulations, unless the Health Agent feels the plan should be brought to the attention of the Board of Health.

Section 3 – Septic System Repairs

A. Repair permits shall be granted by the Board of Health for existing Board of Health approved Title 5 septic systems, except non-varianced repairs which will be granted by the Health Agent, unless the Health Agent feels the plan should be brought to the attention of the Board of Health.

B. Repair permits shall be granted for substandard, non-approved septic systems only if:

1. The public health may be in jeopardy.

2. Such repairs shall be considered as a temporary measure.

3. A letter shall be sent by the Health Agent to the property owner, stating that the repaired system shall be upgraded to a Board of Health approved Title 5 septic system within one (1) year of the date of the issuance of the repair permit.

Section 4 – Septic System Installations

All septic system installations must be done in accordance with the approved plan.

Any alterations from the approved plan made in the installation must be presented to the Health Agent by the design engineer. The Health Agent will make a determination as to whether the proposed change is substantial and requires Board of Health approval.

Any alterations from the approved plan made in the installation without the prior approval of the design engineer and the Health Agent, in particular those alterations that alter the visual character of the system, must be issued a Stop Work Order immediately.

Section 5 – Portable Toilets

Portable toilets that will be located within the Town of Provincetown for a period of time greater than two (2) weeks must receive prior permission from the Board of Health at a public meeting.

This policy does not apply to portable toilets provided at construction sites under the requirements of OSHA.

Section 6 – Solid Waste Regulations

All proposed Solid Waste Regulations must be placed on the Board of Selectmen’s agenda for discussion and written comment prior to scheduling a Board of Health Public Hearing.

Section 7 – Septic Review: License and Building Permit Applications

A. Health Agent Review

1. The Health Agent must approve all License and Building Permit applications. There is a box on each Building Permit hard-card that must be checked and initialed by the Health Agent prior to issuance. License Inspection Worksheets must be signed by the Health Agent prior to being sent to the Licensing Board for approval.

2. If the proposed construction or activity entails any change in use (see definition), the subsurface sewage disposal system must be reviewed in terms of its adequacy for the proposed use of the property.

3. If there is a septic permit issued by the Provincetown Health Department on file that is not based upon an engineered plan, an engineered as-built drawing is required to determine compliance with Title 5. Systems determined to be inadequate must be brought into compliance in order for the Health Agent to approve the application.

4. If the existing septic system is known or stated to be cesspools, or if verifiable information is unavailable, no further review is necessary. The system must be brought into compliance for the proposed use.

5. If the property file contains an engineered plan and letter of certification from the design engineer, the Health Agent will review the system’s adequacy for the proposed use. Systems determined to be inadequate must be brought into compliance in order for the Health Agent to approve the application.

6. The lack of an approval by the Health Agent of any building permit application constitutes a denial.

7. Any applicant may appeal the Health Agent’s ruling by requesting in writing to be placed on the Board of Health’s agenda.

B. Board of Health Review

1. The Board of Health review of septic systems for License and Building Permit applications are considered to be appeals of the Health Agent determinations.