Sec. 20-79. Authority.
By virtue of the authority granted to the Board of Health of the Town of Stoneham under the provisions of the General Laws, Chapter 111, Section 31C, the following regulations pertaining to the abrasive blasting of paint from any interior or exterior surfaces of any structures within the Town of Stoneham are hereby promulgated:
Sec. 20-80. Permit Required.
A permit is required for removal of paint by abrasive blasting from any interior or exterior surface of any structure within the Town of Stoneham. Such permits shall be granted in writing to the owner of the structure by the Board of Health only upon the following General Terms and Conditions, and subject to such other special terms and conditions as the Board of Health shall find necessary to protect the health and welfare.
Sec. 20-81. Application Requirements.
Application for permit shall be in writing, on a form provided or specified by the Board of Health. Such application shall indicate test results for lead content done by a laboratory approved by the Board of Health.
In no case will permits be issued for wet or dry abrasive blasting of the interior or exterior surfaces of structures if the test results for lead indicate the presence of lead based paint.
Sec. 20-82. Exterior Blasting.
Exterior blasting in the absence of lead paint is allowed only under the following conditions:
(a) Such blasting operations shall be sufficiently shrouded and ground covered with tarpaulin to contain particulate matter from entering the ambient air space, to prevent visible emissions beyond the vertically extended property line, to prevent public exposure to particulate, and to prevent deposition of particulate matter upon public and other private property.
(b) There shall be no abrasive blasting whatsoever if the wind velocity exceeds ten (10) miles per hour.
(c) Enclosure(s) shall not be removed until all external surfaces, including the ground in the vicinity, are thoroughly cleaned by an industrial vacuum cleaner of all loose material attributable to the abrasive blasting operation. Recycling of abrasive material is prohibited and disposal should be in accordance with 310 CMR 19.000.
Sec. 20-83. Interior Blasting.
Interior blasting in the absence of lead paint is allowed only under the following conditions:
(a) All doors, windows, or any openings to the ambient air space must be sealed and/or shrouded to prevent particulate from entering the ambient air space, to prevent visible emissions beyond the vertically extended property line, to prevent public exposure to particulate, and to prevent deposition of particulate matter upon public and other private property.
(b) All doors, joints, cracks and other openings adjacent to occupied offices or apartments shall be caulked or otherwise sealed to prevent dust from entering said areas.
(c) All openings to the ambient air space must remain sealed and/or shrouded during clean-up of abrasive and abraded materials and use of a covered chute with water spray must be used if said materials are deposited from the building to a receptacle below to prevent particulate from entering the ambient air space.
(d) The permit shall be displayed in a conspicuous location during the abrasive blasting operation.
(e) The permitted shall notify the Board of Health of the starting date of abrasive blasting operation and immediately notify the Board of Health in the event of a break in technique or site accident.
(f) There shall be a complete clean up of all removed paint, dust particles and/or abrasive materials within two hours of operation shut down every day.
(g) The Board of Health, upon its own initiative or upon application to it by any person, after due notice and public hearing, may vary any provision of these regulations as it may deem necessary with respect to any particular case when, it its opinion, the enforcement thereof would do manifest injustices or cause undue hardships, provided that the decision of the Board shall not conflict with the spirit of these regulations. The burden of proof of the manifest injustice or causes of hardship shall be the responsibility of the applicant.
(h) The permitted is responsible for compliance with all conditions and terms stated herein. Whoever violates this regulation shall be punished, for the first offense, by a fine of not less than fifty dollars ($50) nor more than one hundred dollars ($100), and for a subsequent offense, by a fine of not less than two hundred dollars ($200) nor more than five hundred dollars ($500). For the purpose of this paragraph each day or part thereof of violation of this regulation, whether such violation be continuous or intermittent, shall be construed as a separate and succeeding offense.
Any of the following conditions shall be prima facie evidence of violation of this regulation:
(a) Visible emission of particulate matter, beyond the vertically extended property line of the owner of the property on which abrasive blasting is permitted.
(b) Deposition of visible amounts of particulate matter upon public or other private property.
(c) Failure to obtain permit from the Board of Health to engage in an abrasive blasting operation.
(d) The fee for each permit shall be fifty dollars ($50). This ordinance is in effect as of June 10, 1985.
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