Thursday April 22, 2004
6:00 pm
Members
Present: Cynthia
Gast, Duane Gregory, and Ken Janson, David McLean and Dan Brown (alternate)
Members
Absent:
Mark Baker (excused)
Health Agent: Jane Evans
Raasch
Health Inspector: Patricia
Pajaron
The
meeting was called to order at 6:00 pm
AGENDA
Public Comments
None
Public Hearing
Jane
Raasch – Proponent. The change in transfer station fees was requested by the
local landscapers to address the issue of rising costs. Any discrepancy in
judgement of definitions given here will be decided by the transfer station
attendants.
Dan Brown asked how a car was defined,
as it is written in conjunction with pickup truck.
After discussion Jane Raasch amended
the section to add: 4- 32 gallon barrels or less in a non-pickup truck is a ˝
load, over 4-32 gallon barrels is a full load.
Opponents
– none.
Motion by Ken
Janson to accept the revision to Part 6 Article 5 with the amendment discussed
to go into affect July 1st.
Duane Gregory
seconded the motion and it passed 4/0/1 (Cynthia Gast)
Bored of Health Annual Meeting
Election of Officers
Motion
by Cynthia Gast to nominate Mark Baker as Chair, Duane Gregory as Vice Chair
and Ken Janson as Clerk.
Dan Brown
seconded the motion and it passed 5/0/0.
New Business
Peter McHenry – New Massage Therapist
Pat Pajaron explained that Mr. McHenry
had submitted all of his paperwork and will be practicing at Crowne Pointe. She
had no objections to his application.
Motion
made by Duane Gregory approve Peter McHenry for a new massage therapist
license.
Cynthia Gast
seconded the motion and it passed 5/0/0.
99 Commercial
– Sal’s Restaurant
Jane
Raasch explained that this case is limited by space on its property and can
only fit a 1500 gallon grease trap, not the required 2,000 gallon and needs
special approval by the board to do so. The trap will have a monitor and be
required to have it set at 22%. She had documents from R.B.Our to affirm the
case.
Motion made by
Cynthia Gast to approve the variance for reduction in required grease trap size
from 2000 gallons to 1500 gallons with the condition a grease trap monitor is
installed.
Ken Janson
seconded the motion and it passed 5/0/0.
179 Commercial
Street – Szechuan Restaurant Show Cause Hearing
Jane
Raasch and Wayne Perry explained there were complaints of odor from the area.
Upon investigation they showed the odor was coming from a buffer tank of
Bayside Betsy’s and Szechuan Restaurants. Samples from the pipes and photos
were taken, in which the pipe from the Szechuan Restaurant showed grease build
up and Bayside Betsy’s showed a clean pipe. This has the potential to cause big
problems in the sewer system for everyone down flow of this tank. Jane Raasch
felt Mr. Tran did not feel the need to do the required pumping and monitoring
which is in the State Regulations and applied to everyone. Mr Tran is also
required to have documentation of weekly or biweekly checks on his grease trap,
which he does not have.
Duane Gregory asked if monitors were
the financial responsibility of the town or property owner. Mr Perry answered
it is mandatory installation, billed to the owner.
Mr. Tran, property owner, explained
that the time of sampling his tank was questionable. After construction on his
property he went on vacation in the winter and reopened less than 30 days
before he was forced to pump his grease trap. The street sewer is connected to
the outside grease trap. Mr. Tran
believes that a grease trap under his sink does 95% of the job of grease
removal. He did not believe that the exterior grease trap was necessary or
needed cleaning, since the internal one was so efficient.
Jane Raasch responded that the
complaints were received recently and that’s why action was taken. Also it is
the plumbing code that requires the internal grease trap and that the state
sewer regulations also require an external grease trap.
State and local regulations were
discussed between the board and property owner. Clarifications were made about
the samples and photos taken at the property, and how the buffer tank shared by
Bayside Betsy’s related. After discussion Jane Raasch, Mr. Perry and Mr. Tran
had agreed to each do their part to remedy the problem.
Motion made by
Duane Gregory regarding 179 Commercial Street unit 1, Szechuan Restaurant. By
Monday April 26, 2004 at 5pm the grease trap must be pumped by the owner and a
record given to the Health Agent, in conjunction with the Town of Provincetown
cleaning the buffer tank with Clorox with the intent that this will make a
clear slate to asses this grease problem. Further, on a weekly basis or as
needed the sewer department will monitor grease levels and Mr. Tran will
monitor the grease trap biweekly with a written record, as required by the
State Title 5 code. The owner must comply with all local Sewer regulations,
local Board of Health Regulations and the Requirements of 310 CMR Title 5
regarding grease traps. This includes
pumping every 3 months or when the grease level reaches 25% capacity, whichever
is first. Failure to comply with these conditions may lead to the Board of
Health acting to revoke the Food Service Permit.
Cynthia Gast
seconded the motion and it passed 5/0/0.
DISCUSSION
Douglass
Freeman – West End Salon
Mr.
Freeman explained that he had operated the West End Salon for 22 years without
any problems. He was the first with large level massage and manicures, and the
first with temporary body art. He has followed the use of oxygen in the beauty
market and has seen it successful. He proposed to offer oxygen therapy to his customers. The way it works is a client signs a waiver
and complies with the minimum age, to be determined at 18 or 21, then proves
they have no lung problems. They receive a plastic candula tube to go in the
nose and select an essence/scent. They are connected to a tank and pay for use
by the minute. It is a small unit on
wheels that can be used while getting a massage or manicure. The company he
proposes to go with has a good reputation and uses recreational not medical
oxygen, which has no danger of explosion.
Mr. Freeman hopes to be allowed to pursue this with the consent of the
Board of Health with a review in one year to discuss progress.
Pat Pajaron explained that there were
no regulations on oxygen bars. The FDA
has no negative findings, except for certain medical conditions, which should
be in the disclaimer. The FDA says the
oil used for aroma may lead to lung inflammation. With no regulations there is nothing to hold Mr. Freeman back
from pursuing this. Duane Gregory
suggested the Board work on making some regulations to encompass this, and work
with Mr. Freeman in keeping it safe.
Temporary Tattoo
Mr.
Freeman also discussed with the board the newest temporary tattoos he hopes to
practice. He would use the same
disclosures and same level of safety.
The product is an airbrush that is stenciled on the skin. The stencil will be cleansed, the airbrush
has no overspray, is clean and FDA approved.
After the board pointed out the high
flammability of the paint solution, Mr Freeman ensured they would use it in a
room without smoking or candles. Again
because there are no current regulations, the Board has no restriction for Mr.
Freeman to pursue this.
As
a final note, Mr. Freeman requested that the 10:00pm closure of massages be
lifted, as it was originally in place to prevent suggestive solicitations,
which is an insult to the massage profession.
Dan
Brown commended Mr. Freeman for bringing these issues before the board to
discuss, even though he was not required to.
Andrea
Tasha – Moon Cusser
Ms.
Tasha requested of the board that they have a provision for tattoo apprentice
license to support an apprentice program in order to create structure. As the tattoo regulations are there is
currently no structure to persons training.
She suggested a Master tattooist (as designated by the Alliance of
Professional Tattooists) to follow a syllabus with an apprentice, allowing for
six months book study and up to a year of observation with an apprentice
license before becoming an independent tattooist. This way the Board of Health can have confidence in the program
the individual has gone through, as well as the experience learning under a
certified Master. It would also allow
them to have a standard set for apprentice program curricula for persons
applying for license from out of town.
Pat Pajaron noted that an apprentice
program is one of the only ways a tattoo artist is educated in the craft, and
that Master Tattoo Artist certificates are recognized by the Massachusetts
Department of Public Health. She suggested
redrafting the regulations on tattoo licenses in order to tighten up the
language and add an apprentice program as deemed fit by the board after a
workshop with interested tattoo artists’ input.
The group discussed the benefits of
having a regulation track the qualifications of new tattoo artists, and felt
that the regulation allowed for options in apprentice programs, as long as they
were recognized by the board. They also
mentioned a new competency exam that was offered by the Alliance of Professional
Tattooists, however no one was overly familiar with the exam yet felt it was
worth looking into.
Dan Brown thanked Ms. Tasha for
bringing this matter before the board.
Renny
Broderick – 14 Center Street
Not present
Approval
of Minutes for March 25, 2004
Duane
Gregory made a motion to accept the minutes with an amendment to note Dan Brown
as an alternate.
Ken Janson
seconded the motion and it passed 5/0/0.
ANY OTHER
BUSINESS THAT SHALL PROPERY COME BEFORE THE BOARD
Mr.
Richard Murray discussed with the board that he had a violation passed due that
he had overlooked, but has since been expediently fixed, and apologized for the
confusion. Also he had concerns on some
of the regulations with actions he has seen taken around town. He requested implementing a mechanism where
information can be clear, per property, regarding their relation to the sewer,
flow restrictions, etc so that all town boards are up to par for any decisions
they need to make. Mr. Murray feels
there have been some contradictory decisions made because of lack of sharing
information between boards.
HEALTH
AGENT’S AND HEALTH INSPECTOR’S REPORTS
Health
Agent &Health Inspector
None
BOARD
MEMBER’S STATEMENTS
Ken
Janson – none
Mark
Baker – none
Duane
Gregory – none
David McLean - none
Dan
Brown - none
Motion
was made by Cynthia Gast: Dismiss the Board of Health meeting at 8:22 pm.
David
McLean seconded the motion and it was passed 5/0/0
The
meeting was adjourned at 8:22 pm.
Respectfully
Submitted,
Alison
Boutin
Approved
by __________________________on_________________,2004
Duane
Gregory, Vice Chair