MEMO

To: Board of Health

From: Joe Godzik

RE: Feral Cats Regulation
 

 You might want to consider having the owners of a cat which is trapped be responsible for the cost of apprehension, care and feeding of the animal while it is in the Town’s hands.  This might be an inducement to keep cats from roaming.

 Should a provision be made that the ACO be allowed to trap cats without a complaint if he sees a problem.  If permitted, I think the Board should concur in such an endeavor before it starts.
 
 

Cohasset Board of Health  Regulation

Feral Cats: Control and Disposition

Authority:  This regulation is promulgated under the general authority of M.G.L. Chapter 111 Section 31 and specifically Chapter 111 Section 122 which permits the Board of Health to remove, prevent or destroy nuisances which may be injurious to the public health.  Additionally authority is granted under Chapter 120 Sections 147A and 151.

Purpose:  To protect the public health through reduction of potential disease and to reduce the potential for damage to privately owned property.

Applicability:  This regulation applies to all free roaming cats within the geographical boundaries of the Town of Cohasset.

Definitions:  Feral Cat:  A cat born in the wild which has not become domesticated or is not owned, and those cats which have been allowed to become free roaming.

General:  To reduce the risk of exposure to zoonotic diseases carried by cats such as rabies, cat scratch disease, toxoplasmosi etc. and reduce potential property damage, the control of feral cats is imperative.  In an effort to control these nuisances the Board of Health establishes this regulation.
1. Upon the written complaint of three or more citizens, the Board of Health in conjunction with the Town’s Animal Control Officer (ACO) shall perform an investigation to determine the validity of the complaint If the complaint is considered valid, the Board shall request the ACO to trap the offending cats.
2. When the ACO suspects that there is a feral cat problem, he may, with the concurrence of the health agent, initiate a trapping program without a complaint from residents.
3. If a cat which is privately owned is trapped and the owner cannot be immediately identified and returned, the owner, upon claiming the animal must pay for the cost of its apprehension, feeding and care in accordance with a fee schedule developed by the ACO.
 
 
 

Procedures:

1. After trapping the cat(s) the ACO shall hold the cat(s) for ten days and be responsible for their care and feeding.  The cat(s) shall be held in a facility, which is suitable for such detention.  The costs associated with the care and feeding shall be borne by the Board of Health with the exception of salary costs for the ACO.
2. If a cat(s) are not claimed in the ten day period noted above, the cat(s) shall be put up for adoption after receiving an examination by a licensed veterinarian.  If the cat(s) are determined to be free of disease, they shall be held for adoption for ten days.
3. If the cat(s) are not adopted during this period, they may be humanely euthanized in accordance with current statutes.
4. The animal control officer shall keep a record of each cat apprehended in accordance with the following:
a. The date and location of apprehension.
b. Place of confinement.
c. If claimed, the name and address of the owner of the cat and the date returned to the owner.
d. If adopted, the name and address of the new owner and the date of transfer.
e. If the cat is euthanized, the method and date of destruction and the name of the person performing the euthanasia.

5. A copy of the above record shall be forwarded to the town clerk within ten days of disposition.  The town clerk shall keep the record for a period of two years.

Severability:
 If any article, regulation, paragraph, sentence, clause, phrase or word of these regulations shall be declared invalid for any reason whatsoever, that decision shall not effect any other portion of these regulations.
 

Effective date of this regulation is January 25, 2000.

Date:  January 25, 2000

Attest:  ______________________________
Alix P. White, Chairwoman
Stephen N. Bobo, Clerk
Robin M. Lawrence, Member
 
 

Cohasset Board of Health
Floor Drain Regulation
Adopted April 24, 2001
 

Section I. PURPOSE OF REGULATION
Whereas.
? floor drains in industrial and commercial facilities are often tied to a system leading to a leaching structure (e.g. dry well, cesspool, leach field) or a septic system; and
? poor management practices and accidental and/or intentional discharges may lead petroleum and other toxic or hazardous materials into these drainage systems in facilities managing these products; and
? improper maintenance or inappropriate use of these systems may allow the passage of contaminants or pollutants entering the drain to discharge from the leaching structure or septic system to the ground; and
? discharges of hazardous wastes and other pollutants to floor drains leading to leaching structures and septic systems have repeatedly threatened surface and ground water quality throughout Massachusetts; and
? surface and ground water resources in the Town of Cohasset contribute to the town's drinking water supplies;

The Town of Cohasset adopts the following regulation, under its authority as specified in Section II, as a preventative measure for the purposes of:

? preserving and protecting the Town of Cohasset drinking water resources from discharges of pollutants to the ground via floor drains, and minimizing the threat of economic losses to the Town due to such discharges.

Section II. SCOPE OF AUTHORITY

The Town of Cohasset Board of Health adopts the following regulation pursuant to authorization granted by M.G.L. c.111 s.31 and s122. The regulation shall apply, as specified herein, to all applicable facilities, existing and new, within the Town of Cohasset

Section III. DEFINITIONS

For the purposes of this regulation, the following words and phrases shall have the following meanings:

Commercial and Industrial Facility:   A public or private establishment where the principal use is the
supply, sale, and/or manufacture of services, products, or information, including but not limited to: manufacturing, processing, or other industrial operations; service or retail establishments; printing or publishing establishments; research and development facilities; small or large quantity generators of
hazardous waste; laboratories; hospitals.

Department: The Massachusetts Department of Environmental Protection.

Discharge: The accidental or intentional disposal, deposit, injection, dumping, spilling, leaking,
incineration, or placing of toxic or hazardous material or waste upon or into any land or water so that
such hazardous waste or any constituent thereof may enter the land or waters of the Commonwealth. Discharge includes, without limitation, leakage of such materials from failed or discarded containers or storage systems and disposal of such materials into any on-site leaching structure or sewage disposal system.

Floor Drain: An intended drainage point on a floor constructed to be otherwise impervious which serves as the point of entry into any subsurface drainage, treatment, disposal, containment, or other plumbing system.

Leaching Structure. Any subsurface structure through which a fluid that is introduced will pass and
enter the environment, including, but not limited to, drywells, leaching catch basins, cesspools, leach fields, and oil/water separators that are not watertight.

Oil Water Separator: A device designed and installed so as to separate and retain petroleum based oil
or grease, flammable wastes as well as sand and particles from normal wastes while permitting normal sewage or liquid wastes to discharge into the drainage system by gravity. Other common names for such systems include MDC traps, gasoline and sand traps, grit and oil separators, grease traps, and
interceptors.

Toxic or Hazardous Material: Any substance or mixture of physical, chemical, or infectious characteristics posing a significant, actual, or potential hazard to water supplies or other hazards to human health if such substance or mixture were discharged to land or water of the Town of Cohasset. Toxic or hazardous materials include, without limitation, synthetic organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alkalis, and all substances defined as Toxic or Hazardous under Massachusetts General Laws (MGL) Chapter 21C and 21E or Massachusetts Hazardous Waste regulations (310 CMR 30.000), and also include such products as solvents, thinners, and pesticides in quantities greater than normal household use.

Use of Toxic or Hazardous Material The handling, generation, treatment, storage, or management of toxic or hazardous materials.

Section IV. PROHIBITIONS

With the exception of discharges that have received (or have applied and will receive) a Department issued permit prior to the effective date of this regulation, no floor drain(s) shall be allowed to discharge, with or without pretreatment (such as an oil/water separator), to the ground, a leaching structure, or septic system in any industrial or commercial facility if such floor drain is located in either;

A. an industrial or commercial process area
B. a petroleum toxic. or hazardous materials and/or waste storage area, or
C. a leased facility without either A or B of this section, but in which the potential for a change of use of the property to a use which does have either A or B is, in the opinion of the Board of Health or its agent, sufficient to warrant the elimination of the ground discharge at the present.

Section V. REQUIREMENTS FOR EXISTING FACILITIES

A. The owner of a facility in operation prior to the effective date of this regulation with a prohibited (as defined under Section IV) floor drain system shall

1. disconnect and plug all applicable inlets to and outlets from (where possible) applicable leaching structures, oil/water separators, and/or septic systems;

2. remove all existing sludge in oil/water separators, septic systems, and where accessible, leaching structures Any sludge determined to be a hazardous waste shall be disposed of in accordance with state hazardous waste regulations (310 CMR 30000). Remedial activity involving any excavation and/or soil or groundwater sampling must be performed in accordance with appropriate Department policies;

3. Alter the floor drain system so that the floor drain shall be either
 

a. connected to a holding tank that meets all applicable requirements of Department policies and regulations, with hauling records submitted to the Cohasset Board of Health at the time of hauling;
b. connected to a municipal sanitary sewer line, if available, with all applicable Department and local permits; or
c.  permanently sealed. Any facility sealing a drain shall be required to submit for approval to the Board of Health a hazardous waste management plan detailing the means of collecting, storing, and disposing any hazardous waste generated by the facility, including any spill or other discharge of hazardous materials or wastes.

B.  Any oil/water separator remaining in use shall be monitored weekly, cleaned not less than every 90 days, and restored to proper conditions after cleaning so as to ensure proper functioning. Records of the hauling of the removed contents of the separator shall be submitted to the Board of Health at the time of hauling.

C. Compliance with all provisions of this regulation must be accomplished in a manner consistent with Massachusetts Plumbing, Building, and Fire code requirements.

D. Upon complying with one of the options listed under Section V .A.3. , the owner/operator of the facility shall notify the Department of the closure of said system by filing the Department's UIC Notification ~ {which may be obtained by calling 617/292-5770} with the Department, and sending a copy to the Cohasset Board of Health

Section VI. EFFECTIVE DATES FOR ALL FACILITIES

The effective date of this regulation is the date posted on the front page of the regulation, which shall be identical to the date of adoption of the regulation.

A.  Existing Facilities
1. Owners/Operators of a facility affected by this regulation shall comply with all of its provisions within 120 days of the effective date;
2. All applicable discharges to the leaching structures and septic systems shall be discontinued
immediately through temporary isolation or sealing of the floor drain.

B. New Facilities.

1. As of the effective date of the regulation, all new construction and/or applicable change of use within
The Town of Cohasset shall comply with the provisions of this regulation.
2. Certification of conformance with the provisions of this regulation by the Board of Health shall be required prior to issuance of construction and occupancy permits.
3. The use of any new oil/water separator shall comply with the same requirements as for existing systems, as specified above in Section V.B.

Section VII. PENALTIES

Failure to comply with provisions of this regulation will result in the levy of fines of not less than ${200.00}, but no more than $1000.00. Each day's failure to comply with the provisions of this regulation shall constitute a separate violation.

Note: Effective 1992, under Chapter 111: Section 31 (violation of health regulation) maximum fines
increased from $500 to $1000 and Section 122 (violation of nuisance regulations) maximum fines increased from $100 to $1000

Section VIII. SEVERABILITY

Each provision of this regulation shall be construed as separate to the end that, if any provision, or sentence, clause or phrase thereof, shall be held invalid for any reason, the remainder of that section and all other sections shall continue in full force and effect
 
 
 

DATE: _________________________   ___________________________
  April 24, 2001     Stephen N. Bobo, Chairman
 

         ___________________________
         Dr. Robin M. Lawrence, Clerk

         ___________________________
         Peggy S. Chapman, Member
 
 
 
 
 
 

RULES AND REGULATIONS FOR THE
MAINTENANCE OF GREASE TRAPS AND REMOVAL
    OF GREASE FROM FOOD ESTABLISHMENTS
 

I  AUTHORITY

The Watertown Health Department acting under the authority of Chapter 111, Section 31 of the Massachusetts General Laws and any amendments and additions thereto, and by any other power thereto enabling, has adopted the following rules and regulations during its April 19, 2001 meeting.

II PURPOSE

The purpose of this regulation is to protect residents, businesses and the environment within the Town of Watertown from blockages of the Town's Sanitary Sewer caused by grease discharged from food service establishments located in the Town.

III DEFINITIONS

Agent- means any duly authorized agent of the Watertown Board of Health as specified under MGL c. 111 sec. 30

Permitted Offal Hauler-     means any Offal Hauler which is issued a Permit to Haul Offal by the Watertown Health Department

Food Establishment-  is defined as any establishment issued a Permit to Operate a Food Establishment by the Watertown Health Department under FC 1-201.10 (B) (31)
 

Grease trap-               also referred to as a grease interceptor by the State Plumbing Code, is a device designed to removed dissolved and/or suspended grease and waste oil from wastewater

Sewer pipe-  means any building or town sanitary sewer piping including but not limited to interior and exterior building sanitary sewer piping, any main, or lateral sanitary sewer piping regardless whether it is located on private or municipal land

Waste grease or oil-   means waste oil or grease generated by a Food Service Establishment during the cooking process

IV GENERAL PROVISIONS

 A   Grease trap installation

The Board of Health may at any time require the installation and/or relocation of an internal grease trap, as it may deem necessary to maintain any particular building sewer pipe, any lateral sewer pipe, or sewer main pipe free from obstructions caused by grease or oil emanating from a food establishment.

B Food establishment or related business

In every case where a food establishment is preparing or selling food, or other business in which grease is a by product of production a suitable internal or external grease trap conforming to applicable building and plumbing codes must be installed.

 C New or remodeled food establishments

New or remodeled establishments that prepare food with a seating capacity in excess of 150 seats must install an external grease trap with a 1500 gallon capacity.

D   Grease trap maintenance

Internal grease traps must be cleaned monthly. Exceptions may be granted on a case by case basis as determined by the Board of Health. Internal Grease traps must be cleaned by the owner, operator, or permitted Offal Hauler, external grease traps must be pumped by a permitted Offal Hauler every six months. Service records must be maintained on a monthly basis in a binder readily accessible to Board of Health inspectors and agents.
 
 

E Waste grease and oil storage and removal

Waste grease and oil shall not be disposed by the sanitary sewer. All waste oil and  grease must be collected in an appropriate container provided by an approved vendor, stored in an approved location on premise. The container must be stored on an impervious surface such as concrete, or pavement. Containers must be capable of being sealed to prevent entry of  precipitation, or stored in a sheltered area. All waste and grease oil shall be removed by a Permitted Offal Hauler, said material should be removed from the premises monthly. While being stored all grease containers and surrounding areas must be kept in a sanitary condition at all times.
 

V ENFORCEMENT AND INSPECTION

A The Board of Health shall enforce the provisions of this regulation. Any Agent of the Board of Health may, according to law, enter upon any premises at any reasonable time to inspect for compliance.

B All records pertaining to purchasing, storage, and removal of grease related products, and waste products shall be retained by the owner or operator on premise for no less than two years.

C Upon request by an agent of the Board of Health, an owner or operator shall furnish all information required to enforce and monitor compliance with this Regulation, including but not limited to, a complete inventory of all food and maintenance related products that are purchased by the establishment, receipts from Permitted Offal Haulers retained to remove waste grease or oil from the establishment.

D The Board of Health may, after providing opportunity for a hearing, order the revocation of a Permit to Operate a Food Establishment or the termination of one or more particular operations for:

1.  Serious or repeated violations of the regulation

2.  Interference with the Board of Health in the performance of its duty

3.  For keeping or submitting any misleading or false records or documents required by the regulation
 
 

VI VIOLATION

Written notice of any violation of this Regulation shall be given to the Owner and Operator by an Agent of the Board of Health, specifying the nature, time and date of the violation any preventative measure required to avoid future violations, and a correction time frame.

VII VARIANCE

Any requests for a variance from the provisions of this regulation must be presented in writing. The reasons for the request must be clear and specific. To consider variances regarding the size of grease trap, the application must include kitchen flow calculations prepared by a Massachusetts licensed plumber supporting an alternate size.
 

VIII  HEARING
The person or persons to whom any order or notice issued pursuant to this regulation has been directed, may request a hearing before the Board of Health. Such request shall be in writing and shall be filed in the office of the Board of Health within ten days after receipt of the order or notice.

IX PENALTY

Any person that violates any provision of this Regulation may be punished, under Chapter 40 section 21D of the Massachusetts General Laws, by a fine of no more than $100.00 or by filing a criminal complaint at the appropriate venue. Each day or portion thereof during which a violation continues shall constitute a separate offense; if more than one, each condition violated shall constitute a separate offense. Failure to correct violations of any provision of this Regulation may result in the suspension or revocation of a Permit to Operate a Food Establishment or refusal to issue a Permit to Operate a Food Establishment as provided in 105 CMR 590.012 or 105 CMR 590.014.

X SEVERABILITY

Each provision of this Regulation shall be construed as separate to the end that if any part of it shall be held invalid for any reason, the remainder shall continue in full force and effect.
 
 
 
 
 
 

Regulations Affecting the Sale of Tobacco to Minors
Section I

Purpose-There exists conclusive evidence that tobacco smoke causes cancer, respiratory diseases, various cardiac diseases, negative birth outcomes, allergies, and irritations to the eyes, nose, and throat to both the smoker and nonsmoker exposed to secondhand smoke.  Evidence further demonstrates that tobacco is extremely addictive.  More than 80% of all smokers begin smoking before age eighteen and more than 3,000  Massachusetts youths are beginning smoking at very young ages.  Therefore, these regulations are adopted pursuant to Massachusetts General Laws Chapter 111, Section 31, as reasonable health regulations designed to protect and improve the health of the residents of the Town of Cohasset.

A. Sale to Minors

Massachusetts General Laws Chapter 270, Section 6, whoever sells a cigarette, chewing tobacco, snuff, or any tobacco in any of its forms to any person under the age of eighteen (18) or, not being his parent or guardian, gives a cigarette, chewing tobacco, snuff, or tobacco in any of its forms to any person under the age of eighteen (18), shall be punished by a fine of not less than one hundred dollars ($100.00) for the first offense, not less than two hundred dollars ($200) for the second offense, and not less than three hundred dollars ($300.00) for any third or subsequent offense.

B. Posting State Law

In conformance with Massachusetts General Laws, Chapter 270, Section 7, a copy of Massachusetts General Laws, Chapter 270, Section 6, shall be posted conspicuously by the owner or other person in charge thereof in the shop or other place used to sell cigarettes at retail.  The notice to be posted shall be provided by the Massachusetts Department of Public Health.  Such notice shall be at least 48 square inches and shall be posted at the cash register which receives the greatest volume of single cigarette package sales in such a manner so that it may be readily seen by a person standing at or approaching the cash register.  Such notice shall directly face the purchaser and shall not be obstructed from view or placed at a height of less than four (4) feet or greater than nine (9) feet from the floor.  For all other cash registers that sell cigarettes, a notice shall be attached which is no smaller than nine (9) square inches, which is the size of the sign provided by the Massachusetts Department of Public Health or the Cohasset Board of Health.
 
 
 
 

Such notice must be posted in a manner so that it may be readily seen by a person standing at or approaching the cash register.  Such notice shall directly face the purchaser and shall not be obstructed from view or placed at a height of no less than four (4) feet or more than nine (9) feet from the floor.
 

?  The Board of Health or its enforcement officer(s) shall enforce this regulation.

?  Whoever violates this provision shall be punished by a fine of not less than twenty-five dollars ($25.00). Any person unlawfully removing a copy so posted while said premises are used for the sale of cigarettes shall be punished by a fine of ten dollars ($10.00).
 

 C. Identification Required

               No retailer shall sell or permit to be sold cigarettes or other tobacco products to an individual without requesting and examining identification establishing the purchaser's age as eighteen (18) years or greater unless the seller has some other conclusive basis for determining the buyer's age.

 D.    Permit for Tobacco Sales

? After  September 1, 1995 the Cohasset Board of Health will issue a “Permit for Tobacco Sales” that will specify the name, address and approved location per the Cohasset Board of Health or their designated agent(s) for retailers who sell tobacco products.

? After September 1, 1995, the Cohasset Board of Health will issue a permit for tobacco sales to all retailers who sell cigarettes or other tobacco products, for each location at which tobacco products are sold.

? After receiving the permit, the merchant will receive signage that states "Sale of cigarettes or any tobacco product to persons under age eighteen (18) is illegal, M.G.L. Chapter 270, Sections 6 & 7.” Any merchant not posting said signage will be in non-compliance of this regulation and subject to penalties per Section VII B of this regulation.

?   All  tobacco permits will be renewed annually no later than January 1st of each
   year.

? The fee for the annual tobacco sales permit is twenty dollars ($20.00) for each tobacco retail location.  After thirty (30) days a late fee of an additional twenty dollars ($20.00) will be aded to the permit fee.

? A permit for tobacco sales is non-transferable,, except a new permit will be issued to a tobacco retailer who changes locations and has shown compliance pertaining to the provisions of this regulation.

 E. Vending Machines

 After 9/1/95 cigarette vending machines or any other device used in the sale or distribution of tobacco products will be prohibited in all locations within the Town of Cohasset.

 F. Out-of-Package Sales Prohibited

 It is contrary to public health to remove and commercially sell single cigarettes from the manufacturer's package which states the federally required health warnings.  Commercial sale and/or distribution of tobacco products in any form other than an original factory-wrapped package is prohibited.

 G. Free Distribution/Free Samples Prohibited

 No commercial entity shall distribute or furnish without charge, or cause to be furnished or distributed without charge, cigarettes or other tobacco products in any public place or any event open to the public.
 

 H. Self  Service Displays  - Amended October 10, 1995

 Self-service displays, (also known as free standing displays) from which individual packages or cartons may be selected by the customer, shall be prohibited in the Town of Cohasset.  Only the salesperson will have the ability to handle tobacco products prior to sale.

 I.    Sales by Employees

 No commercial entity selling tobacco products shall allow any employee to sell cigarettes or other tobacco products until such employee reads the Cohasset Health Department's regulations and state laws regarding the sale of tobacco and signs a sworn statement, a copy of which will be placed on file in the office of the employer, that he/she understands and will uphold the regulations.
 

 J. Penalties, Fines, Suspension and/or revocation of Permit

 Violations of this regulation and penalties listed may be subject to the non-criminal disposition statue, M.G.L. Chapter 40, Section 21D.

 It shall be the responsibility of the permit holder and/or individual in charge of the area where tobacco products are being sold to ensure compliance with all sections of this regulation pertaining to their place of business.  The permit holder and/or individual in charge of the area permitted for tobacco sales, or persons involved in violation of any of the provisions of this regulation shall be subject to:

? In the case of a first violation, the permit holder and/or individual in charge of the area permitted for tobacco sales, or persons not in compliance with the provisions of this regulation shall receive a fine of one hundred dollars ($100.00) per violation and/or-a written warning.

? In the case of a second violation within one (1) year, the permit holder and/or individual in  charge of the area permitted for tobacco sales, or persons not in compliance with the provisions of  this regulation shall receive a fine of two hundred dollars ($200.00) per violation and the permit shall be suspended for not less than one (1) business day or not more than seven (7) consecutive business days.

? In the case of three or more violations within one (1) year, the permit holder and/or individual in charge of the area permitted for tobacco sales, or persons not in compliance with the provisions of this regulation shall receive a fine of three hundred dollars ($300.00) per violation and the permit shall be suspended not less than seven (7) consecutive business days or not more than thirty (30) consecutive calendar days from the date of suspension.

? Whenever there is a suspension of the tobacco permit, all tobacco products must be removed from the premises during the period of suspension.
 
 
 
 

Section II

Enforcement
 

Enforcement of this regulation shall be implemented by the Town of Cohasset Board of Health or its designated agent(s).

Any citizen who desires to register a complaint of noncompliance under this Chapter may do so in writing to the Town of Cohasset Board of Health or its designated agent(s).

Any owner, manager, operator, employee or individual may inform person(s) violating this regulation of the appropriate provisions, thereof.

Section-III
Variance
The Board of Health may, after a public hearing, vary the application of any provision of these regulations for a period of one (1) year with respect to any particular case when the Board of Health finds the enforcement thereof would do manifest injustice.

Every request f or a variance shall be made in writing on a form provided by the Board of Health and shall state the specific variance sought and the reasons thereof.  The fee for a variance request shall be determined by the Board of Health.  Notice of a variance request must be published in a local newspaper at least two weeks before the scheduled date of the public hearing at the applicant's expense.

Any variance granted must be in writing with a copy available to the public at all reasonable hours in the office of the Town Clerk and in the office of the Board of Health.  Any variance granted must be posted on the premises in a prominent location for the duration that the variance is in effect.
 
 

Section IV

Other Applicable Laws

These regulations shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable health, safety or fire codes, regulations or statutes.
 

Section V

Public Education
 

The Board of Health shall engage in a continuing program to explain and clarify the purposes and requirements of the regulations to citizens affected by it, and to guide owners, operators and managers in their compliance with it.  Such program may include publication of a brochure for affected businesses and individuals explaining the provisions of this regulation.  The Board of Health shall respond to any requests from tobacco retailers for assistance in training sales personnel.

Section VI

Severability
 

If any provision clause, sentence or paragraph of this Article or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this article which can be given effect without the invalid provision or application, and to this end the provisions of this Article are declared to be severable.

Section VII

Effective

These regulations go into effect September 1, 1995.

Amended October 10, 1995. (Section H)
 
 
 
 
 
 
 
 

MEMO

Date:  February 11, 1999
TO:  Sewer Commission
FROM:  Board of Health
RE:   Policy for Using Existing Septic Tanks as Overflow Storage Capacity

 The Board of Health has agreed to permit existing septic tanks to be used as emergency overflow storage for properties, which are using low-pressure sewers.  To serve as an emergency storage chamber the septic tank must meet the following standards:

1. The tank must have a capacity of at least 500 gallons.
2. The inlet or outlet pipe to the tank must be removed and the hole sealed with hydraulic cement or some other substance approved by the Board of Health.
3. The tank must be tested to determine that it is watertight.  A representative of the Board of Health or Sewer Commission must observe the test.  The method for testing is as follows:

a) Fill tank with water to just below the invert of the remaining pipe (inlet or outlet).  Have level observed by the Board of Health or Sewer Commission.  Make sure covers to the tank are closed or covered to preclude the entry of any surface or rainwater.  Have level observed 24 hours later.

4. An alarm with a visual signal in the dwelling or commercial space must be installed.  The alarm must be set to activate when the tank is about 2/3’s full.
If the tank is set well into the groundwater, some means of protection against uplift must be provided.  The final decision on the required uplift protection will be with the Board of Health or the Sewer Commission.
 
 
 
 
 
 
 

MEMO

August 28, 2000

To: Board of Selectman

From: Joseph R. Godzik, Health Agent

Re: Rules and Regulations for Commercial and Residential Recycling Collection in the Town of Cohasset

 The Board of Health has several concerns regarding the proposed regulation.  The Board asked me to see how things were going with the regulations in Marshfield.  I talked with the Director, Peter Falabella, who stated that the regulations had gone into effect, for paper products only, on July 1, 2000.  So far, no recycling is being done.  They’re not quite sure how they’re going to proceed to bring everyone into compliance.  Marshfield will accept all recyclables at their transfer station.

 At a meeting between the Board and the haulers, it was suggested that the Town and the haulers meet at the RTF to see if it is reasonable to bring recyclables there.  This has not been done, but it might be good to accomplish this before September 12, 2000.  Attending the meeting should be Merle Brown, Harold Litchfield, Joe Godzik and the haulers.  The problem with the RTF is that there are no weighing facilities.  The regulations require weight slips.  The Board also questioned if weight slips would be available from the BFI Recycling facility in Brockton.  Additionally paragraph C of Operational Procedures is confusing.

 There are also some specific concerns:
1.) Definitions: Commercial Waste: It is not clear what “waste generated by industry” means.  For example, is the company at One Pleasant Street an industry, or is it commercial.  What distinguishes commercial from industrial?
2.) General. Paragraph A.  This paragraph cites Board of Health regulations.  The Board has no regulations pertaining to approved disposal sites.
3.) Operational Procedures. Paragraph A.  The Board of Health, in general does not permit the transfer of a license.  Suggest changing paragraph a to: “Licenses are not transferable.” Or, just omit the paragraph.  Also, wherever the word “permit” is used, change it to “license”.  Paragraph C. The last sentence cites “industrial recycling”.  What does this pertain to?  There is no other reference to industrial recycling anywhere in the regulations.  Paragraph D. the reference to placing recyclables at curbside is a violation of the Towns By-Laws.  Paragraph G. Once these regulations are passed, the Board of Health regulations probably should not be included.
4.) Suspension or Revocation of Permits (License).  Paragraph A. Reference is made to the Board of Selectman suspending or revoking a license issued by the Board of Health.  I don’t think the Board of Selectman have that authority.  Remove reference to Board of Health regulations.

Obviously, the implementation dates will have to be changed.

The Board was concerned about the requirement for providing a customer list.  What purpose will it serve the Selectman to have such a list?

The Board of Health is planning to attend the hearing regarding these regulations.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

Cohasset Board of Health
 

Supplemental Rules and Regulations

To

Title V of the State Environmental Code
310 CMR 15.000

Standard Requirements for the Siting, Construction, Inspection, Upgrade and Expansion of Onsite Sewage Treatment and Disposal Systems and or the Transport and Disposal of Septage

May 1995
Revised August 1996
Revised July 1998
Revised January 11, 2000
 
 
 
 
 
 
 
 
 

General Provisions

In accordance with the provisions of Title 1 of the State Environmental Code and under the authority of chapter 111, Section 31 of the General Laws and any other powers thereto enabling the Board of Health of Cohasset to adopt regulations relative to disposal of sanitary sewage in unsewered areas, the following regulations are adopted as supplements to:

Title V of the State Environmental Code, 310 CMR 15.000 Standard Requirements for the Siting, Construction, Inspection, Upgrade and Expansion of Onsite Sewage Treatment and Disposal Systems and for the Transport and Disposal of Septage.

Effective March 31, 1995 and enforceable by the Board of Health, Cohasset, Massachusetts.  These regulations also supersede all previous Board of Health Supplemental Regulations to CMR 310 15.000.

The provisions of Title V of the State Environmental Code and any subsequent revision of same shall apply except when these supplementary regulations are more stringent.  The following regulations are adopted to supplement, clarify and augment the provisions of Title V of the State Environmental Code.

Adoption

These rules and regulations were adopted by unanimous vote of the Board of Health on April 25, 1995 and amended by unanimous vote on May 2, 1995, August 1996, July 1998, and January 11, 2000 shall be published in a newspaper and a copy thereof shall be filed in the offices of the Town Clerk, the Board of Health and the Department of Environmental Protection, Division Of Water Pollution Control, Boston and the Department’s appropriate Regional Office.
 

Subpart A
General Provisions and Enforcement – 15.003
 

Coordination with Local Approving Authority
 

Should any section, paragraph, sentence, clause or phrase of these rules and regulations be declared unconstitutional or invalid for any reason, the remainder of said rules and regulations shall not be affected thereby.
 

Disposal System Installers Permit     15.019
 

A disposal system installer’s permit will not be granted to any individual who does not receive a score of 80 (eighty) percent or better on the competency test administered by the Board of Health.  This applies to individuals who have never had an installer’s license in Cohasset, or those who have allowed their license to expire, and whose permit has been revoked.  All permits expire December 31, annually and require a renewal fee.
 

Disposal System Construction Permits (DSCP)   15.020
 

1. The Board of Health shall issue the Disposal System Construction Permit in the name of the recorded owner of the land, after application by said owner or persons authorized by the owner.  Such permit is effective only as long as the land remains in the name of the owner to whom the permit is issued and if the land shown on the approved plan and referred to in said permit is sold or transferred before work under the permit is completed, then the permit is void unless a “Transfer of Responsibility” form shall be filed by both transferor and the transferee at the office of the Board of Health and such transfer is approved by the Health Agent.  For systems in need of upgrade, installers must obtain a Disposal System Construction Permit from the Board of Health prior to commencement of work.  Actual construction may not commence until the installer has an approved Disposal System Construction Permit and paid the permit fee.

2. An application for a Disposal System Construction Permit may be obtained at the office of the Board of Health.

3. In order for the Board to accept a proposal for consideration, an application must be filed with the Board of Health.  The application must include plans in conformance with Title V and Cohasset Supplementary Rules and Regulations.  The Disposal System Construction Permit application must be paid for and filled out in its entirety.  For new construction a non-refundable application fee and a permit extension fee will be charged.

4. All immediate touching abutters and abutters across the street must be notified by certified mail with Board of Health assigned form of Intent to Construct/Upgrade a Septic System, or similar approved notification.  (See form in Attachment A).  The application will not be considered complete until a certified list of abutters and certified mail receipts are received by the Board of Health.

5. The Town by reason of approval incurs no liability for construction of individual sewage disposal systems as based on plans and specifications supplied by the applicant.  No guarantee is intended or implied by reason of any advice given by the Board of Health or a representative thereof.

6. Disposal System Construction Permits are to be issued and dated after the meeting at which the Board approves and stamps the plans.

7. In order to have a Disposal System Construction Permit application reviewed at one of the regularly scheduled meetings, plans must be received in the Board of Health office no later than 4:30 P.M. ten days prior to the meeting for which a requested agenda appointment is desired.  In order to be placed on the agenda for matters other than formal plan review, a person must speak with the Health Agent or the Administrative Secretary no later than 9:30 A.M. on the Friday prior to the next meeting.

8. At the discretion of the Board, the applicant for a subdivision plan, condominium or shared system proposing on site disposal will have the plans reviewed by a consultant agreeable to the Board of Health and the applicant at the expense of the applicant.
 
 
 
 

Certificates of Compliance     15.021
 

1. The design engineer or the engineer who has supervised the installation must verify that the system has been installed in accordance with the plan approved by the Board of Health, Title V and the Cohasset Board of Health Supplemental Regulations to 310 CMR 15.000.  Two copies of an as built plan must be submitted to the Board of Health within two weeks of performance of the final inspection.  A Certificate of Compliance will not be issued nor will an occupancy permit be issued until all conditions set forth above have been fulfilled.  The as-built plan shall show or contain all the requirements of Section 15.220 and the following;

a) The lot being built on.
b) The building as it was placed on the lot with shortest distances from the building to the sideline of the road and the building to the lot line.
c) The exact location of the septic tank, pump chamber, alternative/innovative treatment system; distances to covers on the septic tank, pump chamber, alternative/innovative treatment system, and the distribution box from the building foundation corners and to the four corners of the soil absorption system.
d) Elevations of the top of the concrete foundation, garage floor, if any, inverts of septic tank and distribution box, inlets and outlets, and inverts of the ends of the pipes in the soil absorption system area.
e) Final grade elevations over the Soil Absorption System, top of barrier elevations (if applicable) and slope for all systems elevations where the final grade is higher than the existing grade (mound systems).

2. By issuance of a Certificate of Compliance under these regulations or approvals pursuant to these regulations, the Board of Health of the Town of Cohasset or any agent, servant or employee of it or any other person acting for it, does not assume any responsibility for the successful operation of any sewage or waste disposal system thereof.

Records       15.030(4)

When an increase in square footage is proposed for any dwelling, a deed restriction must be recorded at the Registry of Deeds limiting the dwelling to the existing number of bedrooms and an As-Built plan is required showing the interior floor plan prior to and after the addition has been completed.
 

Subpart B
Siting of Systems
 

General Provisions      15.100
 

Percolation tests and deep observation holes shall be scheduled for one half or full day periods for new construction.  The Health Agent or another approved Board of Health representative shall witness all tests.  Payment, as set by the current fee schedule must be made at the Board of Health office at least twenty-four hours in advance.  Testing must be scheduled at least one week in advance.  Exceptions will be granted upon availability of Health Agent.
 

Deep Observation Hole Test     15.102
 

There shall be two observation holes each in both the primary and the reserve areas and shall be so located as to present a reasonable representation of the soils in the entire soil absorption system.  For new construction in areas where ledge is prevalent, an attempt will be made to place observation holes at the four corners of the proposed Soil Absorption System.  The holes should be no closer than twenty-five feet from each other.  Groundwater elevation by deep observation holes shall be determined noting the actual elevation of water entering the hole.  Perched water tables shall be used for design purposes.  Adjustments to the observed water table will be made as required by the health agent using such methods as soil mottling and the Frimpter method.
 

Percolation Testing       15.104
 

1.  Two percolation tests in the primary area and one in the reserve area shall be conducted for all new construction.  For upgrades, a single percolation test in the primary area is required unless determined otherwise by the Health Agent.

2.  Percolation test holes which must be pre-soaked overnight must be safely covered.

3.  Substitution of falling head permeability tests for percolation tests shall not be permitted.
 

Subpart C
Design, Construction, Repair and Replacement on Onsite
Sewage Disposal Systems

Nitrogen Loading Limitations     15.214(4)

When the Soil Absorption System of a proposed septic system is within 400 feet of the Aaron River Reservoir, The Aaron River, Bound Brook, Peppermint Brook the Gulf River, Little Harbor, Lily Pond, Brass Kettle Brook, Herring Brook, Sanctuary Pond, Mass Bay or any active public water supply well head, the system shall be designed to provide nitrogen removal to a level of 20 mg/l total nitrogen, in the effluent.

Preparation of Plans and Specifications    15.220
 

1. Applications for all onsite systems shall be accompanied with four sets of plans submitted by a registered professional engineer whose registration is in the area of civil, environmental or sanitary engineering, signed, dated and certified with the stamp of the person responsible for the design.  The plans must be drawn to scale not less than one-inch equals twenty feet.  In addition to the requirements of 310 CMR 15.220, the drawings shall contain the following information:

a) Name and address of owner, lot number, assessors lot number;
b) Lot size, lot lines, floor plan of dwelling;
c) Location of street, structure, garage, outbuildings, driveways;
d) Accurate perpendicular distance from street and both sidelines to building;
e) Proposed elevation of top of foundation, cellar floor, garage floor;
f) Existing or proposed street centerline grade;
g) Location and logs of all soil observation holes and percolation tests ever performed on the lot, even if not used for septic system purposes;
h) Elevations of ground surface at test pit, bottom of test pit and any rock formations or other impervious strata, and observed groundwater encountered.  Ledge outcrop location, elevations and bounds must be shown;
i) Profile of the sewage disposal system showing invert elevations at building drain inlet and outlet from the septic tank; inlet and outlet from distribution box; invert of leach line; and bottom of soil absorption system;
j) Cross section of sewage disposal system showing all construction details;
k) Existing and proposed grading at building corners, front lot corners, soil absorption system, and at such other areas where the existing ground contours are being changed;
l) Location of all existing and proposed water courses, streams, brooks, ponds, lakes, swamps, marshes, vernal pools, culverts, pipes, swales, etc.  Flood plain and any mean high tidal water within one hundred feet of the lot line as shown on an accepted Town of Cohasset map.  Any seasonally wet area, swamp, marsh area or area of temporary or permanent ponded water within one hundred feet of any lot line of the proposed development must be shown on the plan;
m) Location of existing Water Resource Districts within one hundred and fifty feet of the sewage disposal system;
n) Septic facilities and wells on immediately adjacent lots must be indicated on the plan;
o) The plan shall by contours in two-foot gradients and narrative explanation demonstrate that drainage patterns will not be detrimental to the proposed lot/dwelling.  Conditions, which will result in prolonged standing water, are unacceptable.  Conditions which may significantly increase drainage onto adjacent properties or a street/roadway are unacceptable;
p) If a plan has been considered by the Board of Health at a meeting in regular session and a change to the plan is required, such change or modification shall be made in such a way as to be easily distinguishable from the original proposal;
q) The plan must include a statement, which clearly reads, “No changes are to be made in the filed plan without approval of the Cohasset Board of Health and the design engineer.”
r) The plan must include a statement which reads, “This plan is designed in strict conformance with 310 CMR 15.00 and the Cohasset Board of Health Supplemental Regulation to 310 CMR 15.00.”  The design engineer or sanitarian must also certify in writing on the plan that he/she personally inspected the lot;
s) Underground heating oil tanks will be shown and their size designated;
t) Required inspections shall be noted.  They consist of: excavation inspection, inspection of the fill material to include a sieve test, trench bottom, final construction inspection before backfilling, final grade inspection.
u) When a Soil Absorption System is not designed for a garbage grinder it must be stated on the plan with a note that a deed restriction is required.

2. Shared septic system or alternative/innovative system designs and drainage affecting the septic system and abutting lots may be reviewed by the Board of Health consulting engineer at the expense of the applicant.

3. In new construction where shared systems are proposed or for the construction or upgrade for a system with a flow greater than 2,000 GPD, a hydrogeologic report prepared by a professional engineer experienced in this field shall be required as part of the Board of Health permit application for the sewage disposal system.  This report shall include but is not limited to estimates of the following propertied of the aquifer utilized for effluent disposal: Hydraulic conductivity, reserve transitivity and porosity.  This report shall be based upon actual field testing of soils underlying the disposal system, and for a minimum distance of two hundred feet surrounding the system.  This testing is to include the construction of a representative section of the disposal area and the performance of a large scale field test utilizing this representative section; representative size and duration of testing to be agreed to by the design engineer and the Board of Health.

The report shall contain conclusions and recommendations pertaining to: the ability of the soils to accept the sewage effluent; the ability of the soils to transmit the effluent away from the disposal area; an estimate of the groundwater mounding under the disposal area using a model agreed to by the engineer and the Board of Health.

4. All plans for pump systems shall show the following:

a) The capacity of the pump chamber in gallons;
b) Distance from the bottom of pump off to pump on;
c) Size of weep hole inside pump chamber;
d) All calculations relative to obtaining the dosing schedule as required by Section 15.231;
e) No Certification of Compliance will be issued for a pump system until the Town wiring inspector has indicated that the pump wiring is in accordance with pertinent electrical codes;
f) All valving and piping schematics;
g) Manufacturer’s pump specifications shall accompany the septic system plan.
 

General Construction Requirements for All System Components 15.221
 

1. The proposed grading of the lot on which the septic system is located shall divert surface water away from the dwellings so as to prevent standing water and soil saturation detrimental to the dwelling and the individual sewage disposal system and any existing or proposed septic system on adjacent lots.  Conditions, which could result in, prolonged standing water within the immediate vicinity of the dwelling or individual sewage disposal system in any season is not acceptable and the Board of Health must be satisfied that such conditions will not exist.  The Board of Health reserves the right to request an evaluation of the plan by the Drainage Study Committee or the Board of Health consulting engineer.  The applicant shall pay fees for this work to the Board of Health.  The use of interceptor drains/trenches devices so as to divert surface water runoff shall only be considered when they can be tied into an existing drainage system.  Written permission from the Highway Department or appropriate authority must be submitted to the Board of Health at the time of application.  Each system utilizing upgrade/sidegrade-intercepting devices requires demonstration to the Board that the devices accomplish the intentions prior to any Disposal System Construction Permit issuance.

Method: Dig a ditch, put pipe into area of soil absorption system and see if water goes down.  Each system will be reviewed individually so as to determine its impact on abutting properties.

2. The lot number must be posted on the lot on a 2’ x 2’ placard so that it is legible from the existing or proposed street.

3. The Health Agent will conduct construction inspections in accordance with the approved plan.  If additional inspections are required, additional fees for such inspection may be charged.
 

Placement and Construction of Tees    15.227

All outlet tees shall be equipped with a filter approved by the Department of Environmental Protection or a filter may replace the outlet tee.

Pumping to Septic Tank      15.229

The written approval of the Cohasset Board of Health is also required prior to implementation.

Dosing Chambers and Pumps     15.231

1. All systems requiring pumping shall be pressure dosed in accordance with Department of Environmental Protection Guidelines.

2. Pump control panels shall have no controls on the outside of the panel with the exception of the alarm silence button that must be on the outside.  Battery backups are not permitted.
 

Distribution Boxes       15.232

When the proposed filling over the distribution box is greater than twelve inches, the cover shall be built up to be within six inches of the finished grade.
 

Reserve Area        15.248

For new construction the area reserved for further expansion of the disposal system shall be kept open and shall not be built upon with the exception of movable structures such as tool houses and above ground swimming pools; additions to the dwelling or in-ground swimming pools may not be constructed which would preclude the reserve area from conforming with the minimum distances established in Title V.

No reserve area is required for upgrades or repairs.
 

Construction in Fill       15.255

(2)(a)  The retaining wall will be considered waterproof only if it is lined with a 45 mil rubberized material or equal approved by the Board of Health.
 
 
 
 
 
 

Subpart D
Inspection and Maintenance of Systems
 

System Inspection       15.301
 

All sewage disposal systems with dosing chambers and pumps shall have the pumps inspected annually by the owner or the owner’s qualified agent.  A written report shall be submitted to the Board of Health detailing the findings of such annual inspections.

System Inspections       15.301(12)

In the event of a proposed increase in square footage of an existing dwelling, a current Title 5 Inspection must be in effect if the increase is greater than 25% of the existing square footage, or 1000 square feet, whichever is less.

System Inspections       15.301(13)

When a dwelling is being demolished and a reconstruction is proposed which increases the square footage of the dwelling, or enlarges its footprint, and the existing septic system fails a Title 5 Inspection, an upgraded system shall be required to pass the inspection.  A minimum of a two-foot separation between the groundwater and the Soil Absorption System is required with no allowance for a reduction in size of the Soil Absorption System.  If the upgraded system cannot meet all Title 5 requirements, treatment of the effluent prior to disposal in the ground shall be provided.
 

Criteria for Inspection      15.302

1. All inspectors must be licensed by the Cohasset Board of Health and pay the associated fee designated in the Annual Fee Schedule.

2.  As part of all system inspections in the Town of Cohasset the following is required:

a) The septic tank will be pumped to determine structural integrity and leakage;
b) Groundwater shall be physically determined by a soil evaluator utilizing soil-mottling criteria, unless groundwater documentation from information after 1985 is available.

3.  To obtain a valid Title 5 Inspection Report it must be stamped by Cohasset Board of Health prior to issuance to the buyer or seller.
 

Abandonment of Systems       15.354

The owner or other persons having control of any existing building or buildings erected or converted into a dwelling to be occupied by one or more families, and whenever a public sewer system is accessible, shall cause such building to be connected to such public sewer within one hundred and eighty days unless otherwise directed by the Board of Health.  Private disposal facilities shall be abandoned and filled with suitable materials.  All such connections shall be subject to Cohasset Sewer Rules and Regulations.  The owner or other person or persons having control of any existing building or buildings erected or converted into one or more offices, stores of other places of business, and in which one or more persons are employed shall provide effective toilet facilities which are conveniently located, and whenever a public sewer system is accessible, shall cause such building to be connected with such public sewer within one hundred and eighty days unless otherwise directed by the Board of Health.  All such connections shall be subject to Cohasset Sewer Rules and Regulations.  All septic tanks, cesspools and similar private disposal facilities shall be abandoned and filled with suitable materials.
 

Subpart E
Procedures for Seeking and Receiving Local Upgrade Approvals and Variances from the Provisions of Subparts B and C of 310 CMR 15.00
 

Process of Seeking a Variance from Local Approving Authorities 15.411
 

1. Immediate touching abutters and abutters across the street must be notified by certified return receipt mail for any variance request.  The variance request will not be considered complete until a certified list of abutters and certified mail receipts are received by the Board of Health.
 
 

Subpart F
Transportation and Disposal of Septage
 

Transportation         15.502
 

1. All Septage Haulers must submit monthly reports to the Board of Health.  Reporting forms must be obtained at the Board of Health office.  Failure to turn in a report by the fifteenth (15th) of the following month may result in revocation or suspension of the Haulers permit.
2. Individuals who request a permit to pump Septage in Cohasset shall provide the Board of Health with evidence that the waste will be accepted by a Department of Environmental Protection approved dumping site.
 
 

DATE: _________________________   ___________________________
         Alix P. White, Chairwoman
 

         ___________________________
         Stephen N. Bobo, Clerk
 

         ___________________________
         Dr. Robin M. Lawrence, Member
 

 NOTICE TO CONSTRUCT/REPAIR SEPTIC SYSTEM
 
 

DATE: _____________________________

NAME OF OWNER: ___________________________________________________

ADDRESS: ____________________________________________________________
 

NOTIFICATION TO IMMEDIATE ABUTTERS
 

Application has been made for the intent to construct/repair a septic system on a parcel of land located within the confines of the Town of Cohasset:
 

PLOT & LOT #/ADDRESS__________________________________________________________

VARIANCES REQUESTED_________________________________________________________

    __________________________________________________________

    __________________________________________________________

    __________________________________________________________

    __________________________________________________________

LOCAL UPGRADES __________________________________________________________

    __________________________________________________________

    __________________________________________________________
 

BOARD OF HEALTH HEARING WILL BE HELD ON:

DATE: ________________________________TIME: ____________________________________

AT: Cohasset Town Hall, 41 Highland Avenue, Cohasset, MA  02025

SIGNATURE OF APPLICANT OR AGENT___________________________________________

DATE________________________________
 
 
 
 
 
 
 
 
 
 
 
 

Cohasset Trash Hauler Permitting and Recycling Regulations

Authority: These regulations are promulgated pursuant to the authority granted by M.G.L. Chapter 111 Section 31.

Purpose: To protect the public health through the utilization of sanitary waste removal methods and by eliminating the waste stream items and their by-products which could pollute air and water.

Applicability:  This regulation applies to all Waste Haulers hauling refuse from any property in Cohasset.  Property includes Residences, Commercial, Industrial, Businesses, Apartments, Condominiums, non-profit organizations, schools and churches.

General: 1.) All persons collecting municipal solid waste in the Town of Cohasset shall obtain a permit from the Board of Health.  Permits shall be valid for one year beginning on the first day of January and renewable on an annual basis after approval by the Board of Health.  Permits are not transferable.
  2.) All permitted Haulers shall provide trash and recycling services at least twice per month and shall charge a single fee for the collection and disposal of both trash and recyclables   3.) Haulers may supply a reusable container for the collection of recyclables to their customers.  The container shall have a capacity of not less than 18 gallons.
  4.) At the request of the resident the waste hauler shall for a fee agree to pick up bulky recyclables such as white goods (washers, refrigerators etc.) which can be disposed at the RTF.  At least two types of paper products must be offered for recycling at residences.  Cardboard recycling should be made available for commercial customers.
  5.) No waste hauler shall accept a load of refuse for disposal, which contains more than 5% by volume of recyclables described above.  Violations shall be reported to the Board of Health.

Enforcement:  Any member of the Board of Health, its agents, the Dept. Of Public Works Director or any other person designated by the Board of Health may enforce this regulation.  Violations are punishable under Article 1 Section 1 (h) of the Cohasset General By Laws with fines not to exceed $200.00 per violation.

The effective date of this regulation is January 1, 2000.

Date:  June 22, 1999
Amended: January 11, 2000

Attest: ____________________
          Alix P.  White, Chairwoman
 Stephen N. Bobo, Clerk
 Robin M. Lawrence, Member

Environmental Tobacco Smoke Regulation
Separate Enclosure Ventilation in Restaurants I

I. Title: Clean indoor Air Regulation

2. Statement of Purpose:

Whereas conclusive evidence exists that tobacco smoke causes cancer (U.S. Surgeon General, 1986). Respiratory and cardiac diseases, negative birth outcomes, irritations to the eyes, nose and throat; and whereas the harmful effects of tobacco smoke are not confined to smokers but also cause severe discomfort and illness to nonsmokers; and whereas environmental tobacco smoke (ETS), which includes both exhaled smoke and the side stream smoke from burning cigarettes. Causes the death, by lung cancer alone, of 3,000 Americans each year (U.S. EPA, 1993); and whereas environmental tobacco smoke is a Class A carcinogen (U.S. EPA, 1993) that is similar to radon and asbestos with no known safe levels of exposure; now, therefore, the city of Cohasset recognizes the right of those who wish to breathe smoke-free air and recognizes that the need to breathe smoke-free air shall have priority over the desire to smoke and establishes this regulation to protect and improve the public health and welfare by prohibiting smoking in certain public places.

3. Authority:

This regulation is promulgated under the authority granted to the Cohasset Board of Health under Massachusetts General Laws Chapter 11, Section 31 that "Boards of health may make reasonable health regulations."

4. Definitions:

For the purposes of this regulation, the following definitions shall apply:

Bar: An establishment whose business is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages.

Bar area of a restaurant; An area of a restaurant that is devoted to the serving of alcoholic beverages for consumption by guests or restaurant patrons on the premises and in which the serving of food is only incidental to the consumption of such beverages.

Board: the Board of Health of the City of Cohasset
 

City: the City of Cohasset
 (5) The Bar area of a restaurant that holds a pouring license, provided that as of January 1, 2000 it is (A) separated from the non-smoking area of the restaurant by location in a separate room or by means of physical barriers that completely enclose the bar area of the restaurant, and is (B) served by a ventilation system that is separate from the ventilation system that serves the non-smoking portion of the restaurant so as not to interfere with the smoke-free air of the non-smoking area of the restaurant;

(6) Bars that permit smoking must conspicuously post signs approved and supplied by the Board at the entrance prohibiting persons under eighteen (18) and advising patrons of the health hazards of environmental tobacco smoke; and

(7) Retail tobacco stores which are primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.

10. Pena1ties:

My person who violates this regulation shall be subject to a fine in an amount of $5.00 for a first offense, $50.00 for a second offense and $100.00 for a third or subsequent offense.

Ii. Non-Criminal Disposition:

Whoever violates any provision of this regulation, the violation of which is subject to a specific penalty. may be penalized by the non-criminal method of disposition as provided in General Laws, Chapter 40, section 21 D or by filing a criminal complaint at the appropriate venue.

Each day on which any violation exists shall be deemed to be a separate offense.

Penalty:

   $X for first offense
   $XX for second offense
   $XXX for third offense

Enforcing Persons Cohasset Police Department,
  Cohasset Board of Health and its designees

12. Conflict with other laws or regulations:

Notwithstanding the provisions of the foregoing, section 9 of this regulation shall be deemed to neither amend nor repeal applicable fire, health or other regulations so as to permit smoking in areas where it is prohibited by such fire, health or other regulations.
 
 
 
 
 
 
 
 
 

13. Severability:

Health care facility: Any office or institution providing individual care or treatment of diseases, whether physical, mental or emotional, or other medical, physiological or psychological conditions excluding but not limited to rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, homes for the aging or chronically ill laboratories, offices of any surgeon, chiropractor, physical therapist, physician, dentist and all specialists within these professions.

Pouring license: A Section 12 License, approved by the Massachusetts Alcoholic Beverages Control Commission that permits the sale of alcoholic beverages 10 is drunk on the premises.

Public place: Any building or facility owned or operated by the city, including school buildings or grounds; any area Open to the general public including, but not limited to, libraries, museums, theaters, banks, Laundromats, auditoriums, inns, hotel and motel lobbies, educational facilities, shopping mails, public restrooms, lobbies, Staircases, halls, exits, entrance ways, elevators accessible to the public and licensed child-care locations.

Public transportation vehicle: Buses, taxis, and other means of transportation available to the general public while such means of transportation is operating within the boundaries of the city including indoor platforms by which such means of transportation may be accessed.

Restaurant: Any coffee shop, cafeteria, sandwich stand, private and public school cafeteria, and other eating establishment which gives or offers food for sale to the public, guests, or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities.

Retail Store: Any establishment whose primary purpose is to sell or offer for sale to consumers, but not for resale, any goods, wares, merchandise, or articles, including supermarkets and grocery stores.

Seating capacity: The capacity designated on the occupancy permit of a food service establishment.

Smoking: Inhaling, exhaling, burning or carrying any lighted tobacco product.

Sports Arena: Any sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys and other similar recreational facilities where members of the general public assemble either to engage in physical exercise, participate in athletic competition, or witness sports events.

Ventilation system: A mechanical system to remove tobacco smoke and exchange inside air by bringing in fresh air. Particulate air cleaners or filtration systems are not considered a ventilation system.
 5. Smoking Prohibited:

No person shall smoke nor shall any person be permitted to smoke in any of the following places as defined herein: restaurants, retail stores, supermarkets, grocery stores, health care facilities polling places, public places, sports arenas or public transportation vehicles, except as otherwise provided in Section 9 of this regulation.

6. Election for coverage by private facilities:

The owner, manager, or other person in charge of a building or facility not covered by Section 5 of this regulation may elect to have provisions of this Section 5 of this regulation apply by so notifying the Board in writing and by posting signs prohibiting smoking as provided in Section 7 of this regulation

7. Posting notice of prohibition:

Every person having control of premises upon which smoking is prohibited by and under the authority of this Section 5 of this regulation shall conspicuously display upon the premises "No Smoking" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it)
 
 

8. Smoking where notice of prohibition posted:

No person shall smoke in any place in which a sign conforming to the requirements of Section 5 of this regulation is posted. No person shall remove a sign posted under the authority of Section 5 of this regulation.

9. Exceptions:

Notwithstanding the provisions of Section 5 and 6 of this regulation, smoking may be permitted in the following places and/or circumstances;

(1) Private residences, except when used as a licensed childcare facility or health care
Facility;

(2) Hotel and motel rooms that are rented to guests that are designated as smoking rooms;

(3) Hotel and motel conference/meeting rooms and private and public assembly rooms while these places are being used for private functions;

(4) Private or semiprivate rooms of nursing homes and long term care facilities, occupied by one (1) or more patients, all of who are smokers who have requested in writing to be placed in rooms where smoking is permitted;
 Definitions

Food Service Establishment:

 An establishment having one or more guests at which food is served to the public or one that holds a food service license issued by the Town of Cohasset.

Bar/Lounge

 An area within a food service establishment, which is devoted primarily to serving alcoholic beverages for consumption by, quests on the premises and in which the consumption of food is only incidental to the consumption of such beverage.

Stand-Alone Bar

 An establishment whose business is devoted primarily to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverage.
 
 
 
 
 

Town of Cohasset Board of Health Regulations for Body Art

Section

1: Authority
2: Purpose and Scope
3:         Definitions
4: General
5: Operation of Body Art Establishments
6: Minimum Training Requirements
7: Exemptions
8: Public Notification Requirements
9: Client Record
10: Injury Reports
11: Preparation and Care of Body Art Areas
12: Sanitation and Sterilization Procedures
13: Requirements for Single Use Items
14: Permit Requirements
15: Enforcement
16: Grounds for Denial of Permit
17: Grounds for Suspension of Permit
18: Grounds for Revocation of Permit, or Refusal to Review Permit
19: Procedure for Hearings
20: Unauthorized Practice of Body Art
21: Severability
22: Adoption
23: Fees
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

1:  Authority

The Board of Health Town of Cohasset Massachusetts acting under the Authority of Massachusetts General Laws Chapter 111, section 31, 122 and Chapter 140, section 51, adopts the following rules and regulations governing the licensing and practice of body art and the operation of an establishment for body art.

2:  Purpose and Scope

The Town of Cohasset is promulgating rules and regulations, which provide minimum requirements to be met by any person performing body art upon any individual and for any establishment where body art is performed.

These rules and regulations are necessary to protect the public’s health by preventing diseases, specifically including, but not limited to transmission of hepatitis B and C and Human Immunodificiency Virus (HIV).

In addition, these rules and regulations shall establish procedures for registration with the Cohasset Board of Health (BOH) of all persons performing body art, for the requirement of minimal training standards for the prevention of disease transmission and for knowledge of anatomy and physiology, for regular inspection of premises wherein body art is performed, and for revocation of the permit of any person or establishment deemed in violation of the rules and regulations promulgated under this regulation.  An annual, non-transferable fee set by the BOH shall be paid by any person and/or establishment licensed under this regulation.

3:  Definitions

Aftercare means written instructions given to the client, specific to the body art procedure(s) rendered, about caring for the body art and surrounding area.  These instructions will include information about when to seek medical treatment, if necessary.

Blood borne Pathogens Standard means OSHA Regulations 29 CFR 1910.1030.

Board of Health or Board means the Cohasset Board of Health and its agents.

Body art means the practice of physical body adornment by permitted establishments and practitioners using, but not limited to, the following techniques: body piercing, tattooing, cosmetic tattooing, branding, and scarification.  This definition does not include practices that are considered medical procedures by the Board of Registration in Medicine in the Commonwealth, such as implants under the skin, which shall not be performed in a body art establishment.

Body Art Establishment means a specified place or premise that has been granted a permit by the Board, whether public or private, where the practices of body art are performed, whether or not for profit.

Body Art Practitioner or practitioner means a specified person who has been granted a permit by the Board to perform body art in a body art establishment that has been granted a valid permit by the Board.

Body piercing means puncturing or penetration of the skin of a person with presterilized single-use needles and the insertion of presterilized jewelry or other adornment thereto in the opening.  This definition includes piercing of the outer perimeter of the ear, and the earlobe.

Braiding means cutting of the skin and altering its normal pattern.  The practice is prohibited.

Branding means inducing a pattern of scar tissue by use of a heated material (usually metal) to the skin, making a serious burn, which eventually becomes a scar.

Client means any person who has requested a body art procedure at a body art establishment.

Contaminated Waste means any liquid or semi-liquid blood or other potentially infectious materials; contaminated items that would release blood or other potentially infectious materials in a liquid or semi-liquid state if compressed; items that are caked with dried blood or other potentially infectious materials and are capable of releasing these materials during handling; sharps and any wastes containing blood and other potentially infectious materials, as defined in 29 Code of Federal Regulations Part 1910.1030 (latest edition) known as “Occupational Exposure to Bloodborne Pathogens” or as defined as “infectious or physically dangerous medical or biological waste” in accordance with 105 CMR 480.000: Storage and Disposal of Infectious or Physically dangerous Medical or Biological Waste, State Sanitary Code, Chapter VIII.

Cosmetic tattooing, see “Tattooing”.

Department means the Department of Public Health or its authorized representatives.

Disinfectant means a product registered as a disinfectant by the U.S. Environmental Protection Agency.

Disinfection means the destruction of disease-causing microorganisms on inanimate objects or surfaces, thereby rendering these objects safe for use or handling.

Ear piercing means the puncturing of the lobe of the ear with a presterilized single-use-stud-and-clasp ear-piercing system following manufacturer’s instructions.

Equipment means all machinery, including fixtures, containers, vessels, tools, devices, implements, furniture, display and storage areas, sinks, and all other apparatus and appurtenances used in connection with the operation of a body art establishment.

Hand sink means a lavatory equipped with hot and cold running water under pressure, used solely for washing hands, arms or other portions of the body.

Hot water means water that attains and maintains a temperature 110°-130°.

Instruments used for body art means hand pieces, needles, needle bars, and other instruments that may come in contact with a client’s body or may be exposed to bodily fluids during body art procedures.

Invasive means entry into the client’s body either by incision or insertion of any instruments into or through the skin or mucosa, or by any other means intended to puncture, break, or otherwise compromise the skin or mucosa.

Jewelry means any personal ornament inserted into a newly pierced area, which must be made of surgical implant-grade stainless steel; solid 14k or 18k white or yellow gold, niobium, titanium, or platinum; or a dense, low-porosity plastic, which is free of nicks, scratches, or irregular surfaces and has been properly sterilized prior to use.

Minor means any person under the age of eighteen (18) years.

Operator means any person whom alone, jointly or severally with others owns, has care, charge, or control of any body art establishment as agent or lessee of the owner or as an independent contractor, but is not a body art practitioner.

Permit means approval in writing by the Board either (1) to operate a body art establishment or (2) to operate as a body art practitioner within a body art establishment.  Approval is granted in accordance with these regulations and is separate from any other licensing requirement that may exist within the Board’s jurisdiction.

Person means an individual, any form of business or social organization or any other non-governmental legal entity, including but not limited to corporations, partnerships, limited-liability companies, associations, trusts or unincorporated organizations.

Practitioner see Body Art practitioner

Physician means an individual registered by the Board of Registration in Medicine pursuant to M.G.L. c. 112 § 2 as a qualified physician.

Procedure surface means any surface of an inanimate object that contacts the client’s unclothed body during a body art procedure, skin preparation of the area adjacent to and including the body art procedure, or any associated work area which may require sanitizing.

Sanitizing procedure means a process of reducing the numbers of microorganisms on cleaned surfaces and equipment to a safe level as judged by public health standards and which has been approved.

Sanitary means clean and free of agents of infection or disease.

Sanitized means effective disinfectant treatment by a process using intermediate disinfectants for enough time to reduce the bacteria count including pathogens to a safe level on semi-critical or noncritical equipment.

Scarification means altering skin texture by cutting the skin and controlling the body’s healing process in order to produce wounds, which result in permanently raised wheals or bumps.

Sharps means any objects (sterile or contaminated) that may purposefully or accidentally cut or penetrate the skin or mucosa, including, but not limited to, needle devices, lancets, scalpel blades, razor blades, and broken glass.

Sharps container means a puncture-resistant, leak-proof container that can be closed for handling, storage, transportation, and disposal and that is labeled with the International Biohazard Symbol.

Single Use means products or items that are intended for one-time, one-person use and are disposed of after use on each client, including, but not limited to, cotton swabs or balls, tissues or paper products, paper or plastic cups, gauze and sanitary coverings, razors, piercing needles, scalpel blades, stencils, ink cups, and protective gloves.

Sterilize means the use of a physical or chemical procedure to destroy microbial life including highly resistant bacterial endospores.

Tattoo means the indelible mark, figure or decorative design introduced by insertion of dyes or pigments into or under the subcutaneous portion of the skin.
****
Tattooing means any method of placing ink or other pigment into or under the skin or mucous membrane by the aid of needles or other instruments used to puncture the skin, resulting in permanent coloration of the skin or mucosa.  This term includes all forms of cosmetic tattooing.

Universal precautions means a set of guidelines and controls, published by the Centers for Disease Control and Prevention (CDC), as “Guidelines for Prevention of Transmission of Human Immunodeficiency Virus and Hepatitis B Virus to Health-Care and Public-Safety Workers” in Morbidity and Mortality Weekly Report (MMWR), June 23, 1989, Vol. 38 No. S-6, and as “Recommendations for Preventing Transmission of Human Immunodeficiency Virus and Hepatitis B Virus to Patients During Exposure-Prone Invasive Procedures” in MMWR, July 12, 1991, Vol. 40, No. RR-8 and OSHA Standard 1910.1030, Blood borne Pathogens.  This method of infection control requires the employer and the employee to assume that all human blood and specified human body fluids are infectious for HIV, HBV, and other blood pathogens.  Precautions include hand washing; gloving; personal protective equipment; injury prevention; and proper handling and disposal of needles, other sharp instruments, and blood and body fluid-contaminated products.

4:           General

(1) No minors shall receive body art; i.e. no person under the age of eighteen years.

(2) Mobile or temporary body art facilities are not permitted.  Nor shall a residence be used as a body art establishment.

(3) No piercing or tattooing of animals shall be allowed in body art studios.

(4) Pre-procedural consultation to discuss body art, its risks and potential complications shall be required with each client.  All clients shall sign a Board of Health approved consent form.  Clients shall be supplied a copy of the consent form and the signed consent form shall be kept on file by the body artist for a minimum of two years.

(5) Clients should be told to consult with their physician regarding any medical condition which could be exacerbated by the body art procedures (i.e. hemophilia, open sores, etc.)

(6) Clients who admit to or are obviously under the influence of alcohol or other judgment altering drugs shall not receive a body art.

(7) No body artist shall be under the influence of any substance, legal or illegal which might impair his or her judgment or ability to properly perform body art.

(8) Clients shall receive verbal and written instructions on the cleaning, use of antiseptics and other specific instructions for each piercing and or tattooing before and after the procedure, including the signs and symptoms of complications.  Appropriate care instructions contained apendices to this regulation will be given to each client upon completion of the procedure.

(9) Appropriate disinfectants must be used to disinfect the surface of the skin in the area of the body art prior to the procedure.

(10) Infections and adverse reactions of any kind suspected from the application of body art procedure which become known to the body artist shall be reported to the Cohasset Board of Health within 24 hours.  The client will be informed to seek medical attention from a physician or other health care provider.

(11) Body artists who receive needle stick injuries and /or any potential exposure to blood borne pathogens on the job shall follow OSHA guidelines on the reporting and follow up on needle stick injuries.  OSHA guidelines for needle stick follow up shall be posted in employee area.  (Code of Federal Regulations 29 CFR 1910.1030 (f).

(12) Each body artist shall provide proof of having received the complete series of Hepatitis B vaccinations and have a current adult diphtheria / tetanus series and booster(s).  A record of the immunizations shall be kept at the facility for review by the Board of Health.

(13) All inks, dyes, pigments, needles, and equipment shall be specifically manufactured for performing body art procedures approved by the US Food and Drug Administration for intradermal use and shall be used according to manufacturer’s instructions.

(14) The mixing of approved inks, dyes, or pigments or their dilution with sterile water is acceptable.  Immediately before a tattoo is applied, the quantity of the dye to be used shall be transferred from the dye bottle and placed into single-use paper cups or plastic cups.  Upon completion of the tattoo, these single cups or caps and their contents shall be discarded.

(15) Tattooing and Body Piercing Kits shall not be sold to anyone under the age of 18 years.

5:  Operation of Body Art Establishment

Unless other wise ordered or approved by the Board, each body art establishment shall be constructed, operated and maintained to meet the following minimum requirements:

(A) Physical Plant
(1) All walls, floors, ceilings and procedure surfaces within the body art establishment shall be smooth, free of open holes or cracks, light colored, washable and in good repair.  Walls, floors, ceilings shall be maintained in a clean condition.  All procedures surfaces, including client chairs/benches, shall be of such construction as to be easily cleaned and sanitized after each client.
(2) Used for no other purpose, including, but not limited to, use as a food establishment, for human habitation, hair and nail activities, or any other use which may cause contamination of instruments, other equipment or work surfaces used for Body art activity; and,
(3) Separated from any area used for a non-body art activity by a wall or other solid barrier extending from floor to ceiling so as to prevent airborne, contamination of the workstation and the instruments and other equipment therein.
(A) Every body art establishment shall have therein a cleaning area.  Every cleaning area shall have an area for the placement and use of an ultrasonic cleaning unit located or positioned so as not to be immediately adjacent to any sterilization unit.
(B) Every body art establishment shall have therein an instrument storage area exclusive of and separate from any cleaning area.
(C) Every body art establishment shall have therein a customer waiting area exclusive of and separate from any workstation, instrument storage area, cleaning area or other area in a body art establishment used for body art activity.
(4) Effective measures shall be taken by the body art operator to protect against entrance into the establishment and against the breeding or presence on the premises of insects, vermin, and rodents. Insects, vermin, and rodents shall not be present in any part of the establishment, its appuratenances, or appertaining premises.
(5) There shall be a minimum of 60 square feet of floor space for each workstation in the establishment.  Establishments with multiple body art workstations shall be separated by dividers.
(6) Adequate ventilation to keep the area dry and air circulating shall be established.  Adequate ventilation means free and unrestricted flow of fresh air throughout the body art establishment with appropriate exhaust to keep the air from being fouled.  A H.E.P.A. filtration system is recommended.  An artificial light source equivalent to at least 20 foot candles 3 feet off the floor shall be provided, except that at least 100 foot candles shall be provided at the level where the body art procedure is being performed, and where instruments and sharps are assembled.
(7) A separate, readily accessible hand sink with hot and cold running water, under pressure, equipped with foot operated or motion sensitive controls and supplied with liquid soap and single service disposable paper towels shall be provided for each work station.
(8) An instrument washing sink shall be provided
(9) The number of lavatories and toilets shall comply with the State Plumbing Code 248 CMR.2.000
(10) All instruments and supplies shall be stored in clean, dry, and covered containers.
(11) Practitioners who use ear-piercing systems must conform to the manufacturers directions for use and applicable U.S. Food and Drug Administration requirements.  For earlobes a presterillized single use stud and clasp ear system shall be used.
(12) Reusable cloth items shall be mechanically washed with detergent and dried after each use.  The cloth items shall be stored in a dry, clean environment until used.
(13) No animals of any kind shall be allowed in a body art establishment except service animals used by persons with disabilities (e.g., Seeing Eye dogs).  Fish aquariums shall be allowed in waiting rooms and nonprocedural areas.
(14) Every body art establishment shall have a separate cleaning area, instrument storage area and client waiting area exclusive of any workstation.

(C) Information to be Kept on File

The following information shall be kept on file on the premises of a body art establishment and available for inspection by the Board:
(1) Employee information
a. Full names and exact duties;
b. Date of birth;
c. Gender;
d. Home address;
e. Home/work phone numbers;
f. Identification photos of all body art practitioners;
g. Establishment information;
h. Establishment name;
i. Hours of operation;
j. Owner’s name and address;
(2) A complete description of all body art procedures performed
(3) An inventory of all instruments and body jewelry, all sharps, and all inks used for any and all body art procedures, including names of manufacturers and serial or lot numbers, if applicable.  Invoices or orders shall satisfy this requirement.
(4) Current contract of contaminated waste hauler.
(5) A copy of these regulations.

D. It shall be unlawful for any person to perform body art procedures unless such procedures are performed in a body art establishment with a current permit.

   E.   Each body art practitioner must be a minimum of 21 years of age.

F.    Each practitioner shall perform all body art procedures in accordance with Universal Precautions set forth by the U.S. centers for Disease Control and Prevention.

G.    Smoking, eating, or drinking is prohibited in the area where body art is performed.

H. The practitioner shall maintain a high degree of personal cleanliness, conform to hygienic practices, and wear clean clothes when performing body art procedures.  Before performing body art procedures, the practitioner must thoroughly wash his/her hands and arms to elbow in hot running water with liquid soap, then rinse hands and dry with disposable paper towel.  This shall be done as often as necessary to remove contaminants, and as a minimum between each client.

I. In performing body art procedures, the practitioner shall wear disposable single-use non-latex gloves.  Gloves must be changed if they become contaminated by contact with any unclean surfaces or objects or by contact with a third person.  The gloves shall be discarded, at a minimum, after the completion of each procedure on an individual client, and hands shall be washed before the next set of gloves is donned.  Under no circumstances shall a single pair of gloves be used on more than one person.  The use of disposable single-use gloves does not preclude or substitute for handwashing procedures as part of a good personnel hygiene program.
 

J. If, while performing a body art procedure, the practitioner’s glove is pierced, torn, or otherwise contaminated, the procedure delineated in section (I) shall be repeated immediately.  The contaminated gloves shall be immediately discarded, and the hands washed thoroughly (see (I) above) before a fresh pair of gloves is applied.  Any item or instrument used for body art that is contaminated during the procedure shall be discarded and replaced immediately with a new disposable item or a new sterilized instrument or item before the procedure resumes.

K. Contaminated waste as defined in this code, that may release liquid blood or body fluids when compressed or may release dried blood or body fluids when handled must be placed in an approved “red” bag marked with the International Biohazard Symbol.  It must then be disposed in accordance with 105 CMR 480.00:  Storage and Disposal of Infectious or Physically Dangerous Medical or Biological Waste, State Sanitary Code, Chapter VIII, or, at a minimum, in compliance with 29 CFR Part 1910.1030, “Occupational Exposure to Bloodborne Pathogens”.  Used sharps ready for disposal shall be disposed of in approved sharps containers.  Contaminated waste that does not release liquid blood or body fluids when compressed or does not release dried blood or body fluids when handled may be placed in a covered receptacle and disposed of through normal, approved disposal methods.  Storage of contaminated waste on site shall not exceed 30 days, as specified in 29 CFR Part 1910.1030.  A contract for the removal of contaminated waste must be in effect at all times.

L. Any skin or mucosa surface to receive a body art procedure shall be free of rash or any visible infection.

M. The skin of the practitioner shall be free of rash or infection.  No person or operator affected with boils, infected wounds, open sores, abrasions, weeping dermatological lesions or acute respiratory infection shall work in any area of a body art establishment in any capacity in which there is a likelihood that that person could contaminate body art equipment, supplies, or working surfaces with body substances or pathogenic organisms.

6. Minimum Training Requirements

1. Body artist and their employees must show evidence of current certification and completion of courses in the areas below, prior to receiving a body art practitioner permit.

(A) Basic Training in First Aid and advanced Certification for Cardio Pulmonary Resuscitation (CPR) as well as proof of attendance at required renewal courses.
(B) Completion of a course on Prevention Disease Transmission and Blood borne pathogens, conducted by an instructor trained and sufficiently knowledgeable to teach this OSHA course.  Such knowledge shall include the requirements of standards 29 CFR 19010.1030.
(C) Complete and Pass two semesters of human anatomy and physiology courses from an accredited community college or university.
(D) Completion of an approved college course or courses dealing with preventing disease transmission.

2. Every applicant will provide proof to the Board of Health that they have held a license to practice their body art discipline (piercing, tattooing, etc.) for at least one (1) year in another municipality or state or have completed one (1) year of apprentice training as a body piercer or three (3) years of apprentice training as a tattoist under a licensed body art technician in the specific discipline.

7. Exemptions

(A) Physicians licensed in accordance with M.G.L. c.112 § 2 who perform body art procedures as part of patient treatment are exempt from these regulations.

8.            Public Notification Requirements

(A) All establishments shall prominently display, and give to each client, a Disclosure Statement, approved by the Board, which advises the public of the risks and possible consequences of body art procedures.

(B) The facility permit holder shall also post in public view the name, address and phone number of the  Board of Health and the procedure for filing a complaint.

9.           Client Records

(A) Prior to performing any body art procedure, the body art practitioner shall request from the client, verbally and in writing, the following health history information:

(1) history of diabetes;
(2) history of hemophilia (bleeding);
(3) history of skin diseases, skin lesions, or skin sensitivities to soaps, disinfectants, etc.;
(4) history of allergies or adverse reactions to pigments, dyes, or other sensitivities;
(5) history of epilepsy, seizures, fainting, or narcolepsy;
(6) use of medications such as anticoagulants, which thin the blood and/or interfere with blood clotting;
(7) history of hepatitis B & C and/or HIV.

(B) The practitioner shall have the client sign a Release Form approved by the Board of Health confirming that the above information was obtained or that the practitioner attempted to obtain it.  The client should be asked to disclose any other information that would aid the practitioner in evaluating the client’s suitability for body art procedures.

(C) Each operator shall keep records of all body art procedures administered, including date, time, identification and location of the body art procedure(s) performed, and practitioner’s name.  All client records shall be confidential and be retained for a minimum of three (3) years and made available to the Board upon request.

(D) Nothing in this section shall be construed to require the practitioner to perform a body art procedure upon a client.

10            Injury Reports

(A) A written report of any injury, infection complication or disease to a client as a result of a body art procedure, or complaint of injury, infection complication or disease, shall be forwarded by the operator or practitioner to the Board of Health and to the Department of Public Health with a copy to the complainant or injured client within five working days of its occurrence or knowledge thereof.  The report shall include:
 

1. the name of the affected client;
2. the name and location of the body art establishment involved;
3. the nature of the injury, infection complication or disease;
4. the name and address of the affected client’s health care provider, if any;
5. any other information considered relevant to the situation.

(B) If protective eyewear is not worn by the body artist, a conveniently located eye wash station shall be provided in association with a workstation hand sink.
(C) In the event of a needle stick or mucous membrane exposure to blood the body artist will follow the procedures in OSHA Standard 1910.1030, a copy of which shall be posted in each workstation.  Immediately, the area should be cleaned and disinfected.

11.  Preparation and Care of the Body Art Area

(A) Before a body art procedure is performed, the immediate skin area and the areas of skin surrounding where the body art procedure is to be placed shall be washed with soap and water or an approved surgical skin preparation.  If shaving is necessary, single-use disposable razors shall be used.  Blades shall be discarded after each use, and reusable holders shall be autoclaved after use.  Following shaving, the skin and surrounding area shall be washed with soap and water.  The washing pad shall be discarded after a single use.

(B) In the event of bleeding, all products used to stop the bleeding or to absorb blood shall be single use, discarded immediately after use in appropriate covered containers, and disposed of in accordance with 105 CMR 480.000.

12.  Sanitation and Sterilization Procedures

Each body art establishment shall develop an instrument cleaning and sterilization protocol.  This protocol shall be part of the application and must be approved prior to the issuance of a permit to perform body art.

  (A) All needles used in body art shall be disposable

(B) All non-single-use, nondisposable instruments used for body art shall be cleaned thoroughly after each use by scrubbing with an appropriate soap or disinfectant solution and hot water, a solution of household chlorine bleach as recommended by the Center for Disease Control (CDC) or by following the manufacturer’s instructions to remove blood and tissue residue, and shall be placed in an ultrasonic unit operated in accordance with manufacturer’s instructions.  An instrument washing sink and ultrasonic cleaner will be used for cleaning.  Discharges from this sink and the ultrasonic cleaner shall be discharged to a holding tank or a municipal sewer.

(C) After being cleaned, all non-disposable instruments used for body art shall be packed individually in peel-packs and subsequently sterilized.  All peel-packs shall contain either a sterilizer indicator or internal temperature indicator.  Peel packs must be dated with an expiration date not to exceed six (6) months.

(D) All cleaned, non-disposable instruments used for body art shall be sterilized in a steam autoclave.  The autoclave shall be used, cleaned, and maintained according to manufacturer’s instruction.  A copy of the manufacturer’s recommended procedures for the operation of the sterilization unit must be available for inspection by the Board.

(E) Sterile equipment may not be used if the package has been breached or after the expiration date without first repackaging and resterilizing.  Sterilizers shall be located in the cleaning area.  If the body art establishment uses only single-use, disposable instruments and products, and uses sterile supplies, an autoclave shall not be required.

(F) Each holder of a permit to operate a body art establishment shall demonstrate that the sterilizer used is capable of attaining sterilization.   This is to be accomplished using an autoclave tape and spore destruction

(G) Test.  Spore destruction will be verified by an accredited laboratory and will be performed on a monthly basis.  These test records shall be retained by the operator for a period of three (3) years and made available to the Board of Health upon request.

(H) After sterilization, the instruments used in body art procedures shall be stored in a dry, clean cabinet or other tightly covered container reserved for the storage of such instruments.

(I) All instruments used for body art procedures shall remain stored in sterile packages until just prior to the performance of a body art procedure.  When assembling instruments used for body art procedures, the operator shall wear disposable medical gloves and use medically recognized techniques to ensure that the instruments and gloves are not contaminated.
 

13. Requirements for Single Use Items

(A) Single-use items shall not be used on more than one client for any reason.  After use, all single-use sharps shall be immediately disposed of in approved sharps containers and in accordance with 105 CMR 480.000

(B) All products applied to the skin, including body art stencils, shall be single use and disposable.  Sanitization procedures in accordance with these regulations shall be performed between uses.

(C) Petroleum jellies, soaps, and other products used in the application of stencils shall be dispensed and applied on the area to be tattooed with sterile gauze or other sterile applicator to prevent contamination of the original container and its contents.  The applicator or gauze shall be used only once and then discarded.

14.          Permit Requirements

Body art establishments shall submit a scale drawing and floor plan of the proposed establishment for a plan review by the Board, as part of the permit application process.

(A) Establishment Permit

(1) No person, firm, partnership, joint venture, association, business trust, corporation or organized group of persons may operate a body art establishment except with a body art establishment permit from the Board.

(2) Any person operating a body art establishment shall obtain an annual permit from the Board.  The Board shall set a reasonable fee for such permit.

(3)  A permit for a body art establishment shall not be transferable from one place or person to another.

(4) A current body art establishment permit shall be posted in a prominent and conspicuous area where clients may readily observe it.

(5) The holder of a body art establishment permit must hire only practitioners who have complied with the practitioner permit requirements of this code.

(B) Body Art Practitioner Permit

(1) No person shall practice body art procedures without first obtaining a permit from the Board.  The Board shall set a reasonable fee for such permits.

(2) The practitioner permit shall be valid from the date of issuance and shall automatically expire at the end of the calendar year in which it was issued, unless revoked sooner by the Board.
 

(C) Application for a practitioner permit shall include:
(1) name:
(2) date of birth:
(3) gender:
(4) residence address:
(5) mailing address:
(6) phone number:
(7) place(s) of employment as a practitioner:
(8) training and/or experience:
(9) proof of having completed the training requirements in section 6.

(D) No permit shall be issued unless, following reasonable investigation by
the Board, the body art establishment or practitioner has demonstrated compliance with the provisions of this section and all other provisions of these regulations.

(E) All permits shall be conditioned upon continued compliance with the provisions of this section as well as all applicable provisions of these regulations.

(F) All permits shall be posted in a prominent and conspicuous area where clients may readily observe them.

15.                  Enforcement

The Board shall have the authority to enforce these regulations and permits issued thereunder by inspection and investigation; the issuance of violation notices and administrative orders; civil and criminal court actions.
I Complaints
(A) The Board shall investigate complaints received about an establishment or practitioner’s practices or acts, which may violate any provision of the Board’s regulation.

(B) If the Board finds that an investigation is not required because the alleged act or practice is not in violation of the Board’s regulations, then the Board shall notify the complainant of this finding and the reasons on which it is based.

(C) If the Board finds that an investigation is required, because the alleged act or practice may be in violation of the Board’s regulations, the Board shall investigate and if a finding is made that the act or practice is in violation of the Board’s regulations, then the Board shall apply whatever enforcement action is appropriate to remedy the situation and shall notify the complainant of its action in this matter.

(D) Investigation of complaints may lead to enforcement actions including revocation, suspension, or refusal to renew a permit, by the Board.

16.  Grounds for Denial of Permit

(A) The Board may deny a permit on any of the following grounds:

(1) Failure to conform to the requirements of the Board’s regulations;

(2) Any actions or omissions which would indicate that the health or safety of the public would be at risk should a permit be approved;

(3) Any previous violation of the board’s regulations;

(4) Any attempt to practice or obtain a permit through fraud, deceit, or misrepresentation.

(5) Criminal conduct which the Board determines to be of such a nature as to render the establishment or practitioner unfit to practice body art as evidenced by criminal proceedings resulting in a conviction, guilty plea, or plea of nolo contendere or an admission of sufficient facts;

(6) Other just and sufficient cause which the Board may determine would render the establishment or practitioner unfit to practice body art;

(7) Practicing body art while the ability to practice is impaired by alcohol, drugs, physical disability or mental instability;

(8) Being habitually drunk or being dependent on, or a habitual user of narcotics, barbiturates, amphetamines, hallucinogens, or other drugs having similar effects;

(9) Knowingly permitting, aiding or abetting an unauthorized person to perform activities requiring a permit; and,

(10) Having been disciplined in another jurisdiction in any way by the proper permitting authority for reasons substantially the same as those set forth in the Board’s regulations.

(B) Applicants denied a permit may reapply any time after denial.

17.   Grounds for Suspension of Permit

The Board may summarily suspend a permit pending a final hearing on the merits on the question of revocation if, based on the evidence before it, the board determines that an establishment and/or a practitioner is an immediate and serious threat to the public health, safety or welfare.  The suspension of a permit shall take effect immediately upon written notice of such suspension by the Board.

18.   Grounds for Revocation of Permit, or Refusal to Renew Permit

(A) The Board may revoke a permit or refuse to renew a permit on the following grounds, each of which, in and of itself, shall constitute full and adequate grounds for revocation or refusal to renew:
(1) fraud or misrepresentation in obtaining a permit, or its renewal;

(2) criminal conduct which the Board determines to be of such a nature as to render the establishment or practitioner unfit to practice body art as evidenced by criminal proceedings resulting in a conviction, guilty plea, or plea of nolo contendere or an admission of sufficient facts;

(3) violation of any rule or regulation of the Board governing the practice of body art;

(4) other just and sufficient cause which the Board may determine would render the establishment or practitioner unfit to practice body art;

(5) practicing body art while the ability to practice is impaired by alcohol, drugs, physical disability or mental instability;

(6) being habitually drunk or being dependent on, or a habitual user of narcotics, barbiturates, amphetamines, hallucinogens, or other drugs having similar effects;

(7) knowingly permitting, aiding or abetting an unauthorized person to perform activities requiring a permit;

(8) continuing to practice while his/her permit is lapsed, suspended, or revoked;

(10) having been disciplined in another jurisdiction in any way by the proper permitting authority for reasons substantially the same as those set forth in the Board’s regulations, and,

(11) refusing to practice body art on a person because of such person’s race, creed, color, gender, age, disability, national origin, or sexual orientation.

(B) The Board shall notify an applicant, establishment or practitioner in writing of any violation of the Board’s regulations, for which the Board intends to deny, revoke, or refuse to renew a permit.  The applicant, establishment or practitioner shall have seven (7) days after receipt of such order in which to comply with the Board’s regulations.  The Board may deny, revoke or refuse to renew a permit, after conducting a hearing, if the operator, establishment or practitioner fails to comply with the order.

19.  Procedure for Hearings

(A) Suspension of a Permit
(1) Upon written request to the Board of Health, the establishment or practitioner shall be afforded an opportunity to be heard concerning the suspension of the permit by the Board.
(2) Such a hearing shall be initiated pursuant to 801 CMR 1.00 et seq. (Standard Adjudicatory Rules of Practice and Procedure), no later than twenty-one (21) calendar days after the effective date of the suspension.
(3) In cases of suspension of a permit, the hearing officer shall determine whether the Board has proved by a preponderance of the evidence that there existed immediately prior to or at the time of the suspension an immediate and serious threat to the public health, safety or welfare.  The hearing officer shall issue a written decision, which contains a summary of the testimony and evidence considered and the reasons for the decision

(B) Denial, Revocation, or Refusal to Renewal a Permit
(1) A permit may be denied, revoked or refused renewal only after a hearing conducted by the Board;
(2) If the Board determines that a permit shall be denied, revoked, or not renewed pursuant to The Board’s regulations, the Board shall initiate a hearing in accordance with 801 CMR 1.00 et seq.
(3) Following the hearing, the hearing officer shall issue a written decision that contains a summary of the testimony and evidence considered and the reasons for the decision.
20. Unauthorized Practice of Body Art

The Board shall refer to the appropriate District Attorney, the Attorney General, or other appropriate law enforcement agency any incidents of unauthorized practice of body art that come to its attention.

21. Severability

If any rule or provision contained herein is found to be unconstitutional or invalid by a Court of competent jurisdiction, the validity of the remaining rules and provisions will not be so affected.

22.           Adoption
 

Adopted by the Board of Health and voted on this            day of                         , 2001.

By:

By:

By:
 

a. Fees
 Body Art Establishment $100.00 Renewal $50.00
 Body Art Artist  $ 50.00