Sec. 20_1. Authority of Board of Health.
The Board of Health acts under the authority of the following General Laws of the Commonwealth of Massachusetts:
(a) Chapter 94, inspection and sale of food, drugs and various articles.
(b) Chapter 111, general public health laws.
(c) Chapter 114, burial and removal permits.
(d) Chapter 129, livestock—appointment of animal inspector.
(e) Chapter 140, licenses and miscellaneous provisions.
(f) Chapter 143, inspection, regulation and licensing of buildings.
(g) Chapter 145, tenement houses in town.
(h) Chapter 252, improvement of low lands and swamps.
(i) Chapter 270, crimes against public health.
Sec. 20_2. Code of Massachusetts Regulations (Sanitary Code, etc.), Adopted.
The Sanitary Code of the Commonwealth is hereby adopted in its entirety with additions as adopted by the Board of Health.
(a) Sanitary Code: General Application and Administration.
105 CMR 410 Minimum Standards of Fitness for Human Habitation.
105 CMR 420 Housing and Sanitation Standards for Farm Labor Camps.
105 CMR 430 Minimum Sanitation Standards for Recreational Camps for Children.
105 CMR 435 Minimum Standards for Swimming Pools.
105 CMR 440 Minimum Standards for Developed Family Type Camp Grounds.
105 CMR 445 Minimum Standards for Bathing Beaches.
105 CMR 450 Minimum Health and Sanitation Standards and Inspection Procedures for Detention Centers.
105 CMR 460 Lead Poisoning Prevention and Control.
105 CMR 470 Maintenance and Construction of Lockup Facilities.
105 CMR 480 Storage and Disposal of Infectious or Physically Dangerous Medical or Biological Waste State Sanitary Code Chapter III.
105 CMR 520 Labeling.
105 CMR 590 Minimum Sanitation Standards for Food Service Establishments.
(b) 105 CMR 123 Tanning Facilities.
(c) 310 CMR 15 Title 5 - Standard Requirements for Siting, Construction, Inspection, Upgrade, and Expansion of Sewage Treatment and Disposal Systems and for the Transportation and Disposal of Septage.
Sec. 20-3. Violation - Penalty.
Whoever himself or by his servant or agent, or as the servant or agent of any other person or any firm or any corporation violates any of the following Board of Health regulations shall be punished by a fine as follows:
First offense within a twelve month period |
$ 300 |
Second offense within a twelve month period |
$ 500 |
Third and subsequent offenses within a twelve month period |
$ 1,000 |
Each day any violation continues shall constitute a separate offense.
State law reference—G.L. c. 111, sec. 31.
Sec. 20-4. Non-Criminal Disposition.
Violation of any of the following regulations of the Board of Health may be enforced by non-criminal disposition in the manner provided by General Laws, Chapter~40, Section 21D and Section 1-4A (“Non-Criminal Disposition”) of the Town of Stoneham Bylaws. The specific non-criminal disposition penalty which shall apply to a violation of these Board of Health regulations shall, unless specifically provided otherwise in these regulations, be as follows:
First offense within a twelve-month period |
$ |
$ 25.00 |
Second offense within a twelve-month period |
$ |
$ 50.00 |
Third and subsequent offenses within a twelve-month period |
$ |
$100.00 |
Each day any violation shall continue shall constitute a separate offense.
State law reference—G.L. c. 40, sec 21D.
Cross reference—1-4A.
Sec. 20-4.1 Non-Criminal Disposition Penalty for Violation of Sanitary Code.
The non-criminal disposition penalty which shall apply to a violation of these Board of Health regulations shall be twenty-five ($25) dollars, except that any violation defined as a “critical violation” in Chapter 10 of the State Sanitary Code “Minimum Sanitation Standards for Food Establishments,” as adopted by Board of Health pursuant to this Section, shall be as follows:
First offense within a twelve month period |
$ 50 |
Second offense within a twelve month period |
$ 100 |
Third and subsequent offenses within a twelve month period |
$ 300 |
Each day any violation shall continue shall constitute a separate offense.
State law reference—G.L. c. 40, sec. 21D.
Cross reference—1-4A.
Sec. 20-5. Director of Public Health.
Definition: Coordinator of town public health programs, inspections, and other related activities as required. When necessary, he shall report to the Board for its findings.
Independent action: Works under the general direction of the Board of Health. Meets with the Board of Health members frequently, recommending policies and procedures and is responsible for implementing the decisions of the Board.
Performs varied and responsible duties requiring considerable judgment in applying state laws and local regulations to frequently changing conditions and problems. Researches and analyzes a broad spectrum of data necessary to protect health and well-being of the Town. He shall be qualified to evaluate conditions and problems and make changes whenever necessary and report such changes to the Board.
Makes frequent contacts with State and local health officials, trained medical personnel, operators and managers of various plants and establishments handling food products and the general public.
Is available to assist with problems that arise in the department.
Is familiar with the methods and procedures of budget preparation and carrying out the fiscal responsibilities of the department.
He has the ability to draft related health and sanitary regulations and the ability to foresee need for new regulations before the fact.
Examples of work: Administers and coordinates public health programs and services in accordance with established policies.
Enforces state health laws and rules and regulations of the local Board of Health. Inspects riding stables, stores, bakeries and restaurants. Processes applications, issues certain permits and licenses, handles complaints and investigates alleged nuisances. Inspects new sewage disposal systems and new homes before signing occupancy permits. Coordinates with other town building and safety inspectors and civil defense coordinator. Inspects nursing homes, recreation camps, food handling establishments, semi-public swimming pools, schools, hospitals, service station restrooms and condemns all buildings determined unfit for human habitation. Personally files complaints in District Court against violators.
Desirable Qualifications: High school graduation supplemented by formal training in public health administration; five years’ experience in conducting inspections in the field of food service operations; qualifications as licensed Sanitarian or certified Health Officer or any equivalent combination of education and experience.
Thorough knowledge of the laws, rules and regulations pertaining to public health sanitation and of the approved methods and equipment used in handling food products. Ability to enforce and interpret regulations firmly, tactfully and impartially. Be qualified to evaluate soil and percolation tests in preparing a sanitary system, inspect all sewer connections, work with exterminators on mosquito and rodent control and shall be qualified to inspect for lead paint.
Sec. 20-6. Review Fees For Outside Consultants
(a) When reviewing an application for an approval, license, permit or regarding an appeal, or any modification thereof (hereinafter also referred to as a "application"), the Board of Health may determine that the assistance of an outside consultant(s) is warranted due to the size, scale or complexity of the proposal or because of its potential impact on health or safety. The Board of Health may require that an applicant pay a review fee consisting of the reasonable costs incurred by the Board for the employment of outside consultants engaged by the Board of Health to assist in the review of an application.
(b) In hiring outside consultants, the Board of Health may engage any qualified consultant(s) and/or professional(s), including legal counsel, who can assist the Board in: (i) analyzing and/or reviewing an application (including said application’s compliance with applicable laws, bylaws and regulations, potential impact on public health and/or safety, and the need for, and specifics of, potential limitations, restrictions, safeguards, inspections, and/or monitoring in the event of an approval of the application; and/or (in the event of approval by the Board of Health); (ii) subsequent monitoring and/or inspecting a project or site for compliance with applicable law or regulations during construction impact on public health or safety, and/or
implementation of the subject matter of said application.
(c) The minimum qualifications of an outside consultant(s)shall consist either of an educational degree in or related to the field at issue or three or more years of practice in the field at issue or a related field.
(d) Any applicant may, within fourteen (14) days of the selection of a consultant(s) by the Board of Health, take an administrative appeal from the selection of the outside consultant(s) by filing a written letter of appeal to the Board of Selectmen. The grounds for such an appeal shall be limited to claims that the consultant selected has a conflict of interest or does not possess the minimum, required qualifications.
(e) In the event that no decision is made by Board of Selectmen within one month following the filing of the appeal, the selection of the consultant(s) made by the Board of Health shall stand.
(f) The required time limits for action upon an application by the Board of Health shall be extended by the duration of the administrative appeal.
(g) The review fee shall be submitted by the applicant to the Board of Health within seven (7) days of the receipt of written notice from the Board of the estimated consultant cost as described above.
(h) Funds received by the Board of Health pursuant to this section shall be deposited with the Town Treasurer who shall establish a special account for this purpose which shall be kept separate and apart from other monies. Expenditures from this special account may be made at the direction of the Board of Health without further appropriation. Expenditures from this special account shall be made only in connection with the review of a specific project or projects for which a review fee has been collected from the applicant.
(i) Failure of an applicant to pay a review fee shall be grounds for denial of the site plan approval or modification.
(j) The Board of Health may determine that an additional review fee(s) is required for the assistance of an outside consultant(s), including the completion of work by a current consultant(s) or as a result of needing an additional consultant(s). In such instance(s) the same provisions and requirements of paragraphs (a) through (i) above shall apply.
(k) At the completion of the Board's review of a project, any excess amount in the account, including interest, attributable to a specific project, shall be repaid to the applicant or the applicant's successor in interest. A final report of said account shall be made available to the applicant or the applicant's successor in interest. For the purpose of this regulation, any person or entity claiming to be an applicant's successor in interest shall provide the Board with documentation establishing such succession in interest.
(l) The Town Accountant shall submit annually a report of said special account to the Board of Selectmen and the Town Administrator for their review. Said report shall be published in the Town’s annual report. The Town Accountant shall submit annually a copy of said report to the Director of the Bureau of Accounts of the Massachusetts Department of Revenue.
Sec. 20-7. Reserved.
Sec. 20-8. Reserved.
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