Town of Essex Regulations for Body Art Establishments and Practitioners

Section:
1. Purpose and Scope
2. Definitions
3. Exemptions
4. Restrictions
5. Operation of Body Art Establishments
6. Standards of Practice
7. Injury Reports
8. Complaints
9. Application for Body Art Establishment Permit
10. Application for Body Art Practitioner Permit
11. Grounds for Denial of Permit, Revocation of Permit or Refusal to Renew Permit
12. Grounds for Suspension of Permit
13. Procedure for Hearings
14. Unauthorized Practice of Body Art
15.Severability
16. Effective Date
 
 

1.  Purpose and Scope

The purpose of the  Regulations for Body Art Establishments is to set forth a regulatory scheme for use by  the Essex Board of Health to enact regulations governing the practice of body art.

The Essex Board of Health finds it necessary to permit the practice of body art in order to protect public health and safety, to fulfill its statutory authority and responsibility, and to protect the public health by preventing diseases including, but not limited to, hepatitis B and/or human immuno – deficiency virus. It is the Board of Health’s intent that only individuals and facilities that meet and maintain minimum standards of competence and conduct may provide such services to the public.

The Essex Board of Health hereby adopts and incorporates the following regulations for Body Art Establishments and practitioner, including incorporation of all of its appendices, and all other regulations, standards, memoranda, and other documents it refers to and/or incorporates. If the aforementioned appendices, regulations, standards, memoranda, and subsequent revisions to the code, appendices, or other referenced documents conflict with other Essex Board of Health locally adopted regulations, the more stringent regulations shall apply. All individuals and establishments participating in the practice of body art in the Town of Essex must be permitted by the Board of Health of Essex.  The Essex Board of Health reserves the right to amend these regulations and adjust fees from time to time as they deem fit.
 

2. 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, including information about when to seek medical treatment, if necessary.

Applicant means any person who applies to the Board of Health for either a body art establishment permit or practitioner permit.

Autoclave means an apparatus for sterilization utilizing steam pressure at a specific temperature over a period of time.

Autoclaving means a process which results in the destruction of all forms of microbial life, including highly resistant spores, by the use of an autoclave for a minimum of thirty minutes at 20 pounds of pressure (PSI) at a temperature of 270 degrees Fahrenheit.

Bloodborne Pathogens Standard means OSHA Guidelines contained in 29 CFR 1910.1030, entitled "Occupational Exposure to Bloodborne Pathogens.”

Board of Health or Board means the Board of Health that has jurisdiction in the community in which a body art establishment is located including the Board or officer having like powers and duties in towns where there is no Board of Health.

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, such as implants under the skin, which procedures are prohibited.

Body Art Establishment or Establishment means a location, place, or business 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 specifically identified individual who has been granted a permit by the Board to perform body art in an establishment that has been granted a permit by the Board.

Body Piercing means puncturing or penetrating the skin of a client with presterilized single?use needles and the insertion of presterilized jewelry or other adornment into the opening.  This definition excludes piercing of the earlobe with a presterilized single-use stud-and-clasp system manufactured exclusively for ear-piercing.

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 a member of the public who requests a body art procedure at a body art establishment.

Contaminated Waste means waste as defined in 105 CMR 480.000: Storage and Disposal of Infectious or Physically Dangerous Medical or Biological Waste, State Sanitary Code, Chapter VIII

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 (EPA).

Disinfection means the destruction of disease-causing microorganisms on inan-imate 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 the 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 110º-130ºF.

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 any body art procedure.

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 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.

Mobile structure means a structure capable of relocation and not set permanently on a footing or foundation

Operator means any person who individually, or jointly or severally with others, owns, or controls an establishment, but is not a body art practitioner.

Permit means Board approval in writing to either (1) operate a body art establish-ment or (2) operate as a body art practitioner within a body art establishment. Board approval shall be granted solely for the practice of body art pursuant to these model regulations. Said permit is exclusive of the establishment’s compliance with other licensing or permitting requirements 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.

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

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.

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

Sanitize means the application of a U.S. EPA registered sanitizer on a cleaned surface in accordance with the label instructions.

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 known as keloids.

Seasonal structure or location means a structure or location not designed, located, or intended for use year round.

Sharps means any object, sterile or contaminated, that may intentionally 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 Items 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 all 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 mucosa by the aid of needles or any other instrument used to puncture the skin, resulting in permanent coloration of the skin or mucosa. This term includes all forms of cosmetic tattooing.
Temporary means of thirty (30) days or shorter duration, commencing at the permit issue date and expiring thirty days later.

Ultrasonic Cleaning Unit means a unit approved by the Board, physically large enough to fully submerge instruments in liquid, which removes all foreign matter from the instruments by means of high frequency oscillations transmitted through the contained liquid.

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 (HIV) and Hepatitis B Virus (HBV) to Health?Care and Public?Safety Workers" in Morbidity and Mortality Weekly Report) (MMWR), June 23, 1989, Vo1.38 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, Vo1.40, No. RR?8. 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.
 

3.  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.

(B) Individuals who pierce only the lobe of the ear with a presterilized single?use stud?and?clasp ear?piercing system are exempt from these regulations.
 

4.  Restrictions

(A) No tattooing, piercing of genitalia, branding or scarification shall be performed on a person under the age of 18.

(B) Body piercing, other than piercing the genitalia, may be performed on a person under the age of 18 provided that the person is accompanied by a properly identified parent, legal custodial parent or legal guardian who has signed a form consenting to such procedure

(C) All piercing, tattooing, or other forms of body art proposed to be        performed in a mobile, seasonal, or temporary structure or location shall comply with the following regulations;

a) All applications must be received by the Board of Health a minimum of seven (7) days prior to the proposed operational date, excluding weekends and holidays.
b) The facility must be available and pass a full inspection in the Town of Essex a minimum of forty eight (48) hours prior to the proposed operational date, excluding weekends and holidays.
c) Copies of all establishment recordkeeping as required in 5(E) shall be submitted to the Board of Health within twenty four (24) hours of the last day of operation. This information shall be kept confidential at the Essex Board of Health office for a minimum of three (3) years.
d) All Body Art Regulations in effect in the Town of Essex must be met.
 

5.   Operation of Body Art Establishments

Unless otherwise 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) Walls, floors, ceilings, and procedure surfaces shall be smooth, free of open holes or cracks, light?colored, washable, and in good repair. Walls, floors, and ceilings shall be maintained in a clean condition. All procedure surfaces, including client chairs/benches, shall be of such construction as to be easily cleaned and sanitized after each client.

(2) Solid partitions or walls extending from floor to ceiling shall separate the establishment’s space from any other room used for human habitation, any food establishment or room where food is prepared, any hair salon, any retail sales, or any other such activity that may cause potential contamination of work surfaces.

(3) The establishment shall take all measures necessary to ensure against the presence or breeding of insects, vermin, and rodents within the establishment.

(4) Each operator area shall have a minimum of 45 square feet of floor space for each practitioner.  Each establishment shall have an area that may be screened from public view for clients requesting privacy.  Multiple body art stations shall be separated by a dividers or partition at a minimum.

(5) The establishment shall be well ventilated and provided with an artificial light source equivalent to at least 20 foot candles 3 feet off the floor, 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.

(6) A separate, readily accessible hand sink with hot and cold running water under pressure, preferably equipped with wrist? or foot?operated controls and supplied with liquid soap, and disposable paper towels stored in fixed dispensers shall be readily accessible within the establishment.  Each operator area shall have a hand sink.

(7) There shall be a minimum of one toilet room containing a toilet and sink.  The toilet room shall be provided with toilet paper, liquid hand soap and paper towels stored in a fixed dispenser

(8) At least one covered, foot operated waste receptacle shall be provided in each operator area and each toilet room.  Receptacles in the operator area shall be emptied daily.  Solid waste shall be stored in covered, leakproof, rodent-resistant containers and shall be removed from the premises at least weekly.

(9) At least one janitorial sink shall be provided in each body art establishment for use in cleaning the establishment and proper disposal of non-contaminated liquid wastes in accordance with all applicable Federal, state and local laws.  Said sink shall be of adequate size equipped with hot and cold running water under pressure and permit the cleaning of the establishment and any equipment used for cleaning.

(10) All instruments and supplies shall be stored in clean, dry, and covered containers. Containers shall be kept in a secure area specifically dedicated to the storage of all instruments and supplies.

(11) The establishment shall have a cleaning area. Every cleaning area shall have an area for the placement of an autoclave or other sterilization unit located or positioned a minimum of 36 inches from the required ultrasonic cleaning unit.

(12) The establishment shall have a customer waiting area, exclusive and separate from any workstation, instrument storage area, cleaning area or any other area in the body art establishment used for body art activity.

(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) Smoking, eating, or drinking is prohibited in the area where body art is performed, with the exception of fluids being offered to a client during or after a body art procedure.

(B)   Requirements for Single Use Items Including Inks, Dyes and Pigments

(1) 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 pursuant to 105 CMR 480.000.

(2) All products applied to the skin, such as but not limited to body art stencils, applicators, gauze and razors, shall be single use and disposable.

(3) Hollow bore needles or needles with cannula shall not be reused.

(4) All inks, dyes, pigments, solid core needles, and equipment shall be specifically manufactured for performing body art procedures and shall be used according to manufacturer's instructions.

(5) Inks, dyes or pigments may be mixed and may only be diluted with water from an approved potable source.  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-use cups or caps and their contents shall be discarded.

(C)   Sanitation and Sterilization Measures and Procedures

(1) All non-disposable instruments used for body art, including all reusable solid core needles, pins and stylets, shall be cleaned thoroughly after each use by scrubbing with an appropriate soap or disinfectant solution and hot water, (to remove blood and tissue residue), and shall be placed in an ultrasonic unit operated in accordance with manufacturer's instructions.

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

(3) 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 autoclave must be available for inspection by the Board.  Autoclaves shall be located away from workstations or areas frequented by the public.

(4) Each holder of a permit to operate a body art establishment shall demonstrate that the autoclave used is capable of attaining sterilization by monthly spore destruction tests.  These tests shall be verified through an independent laboratory.  The permit shall not be issued or renewed until documentation of the autoclave’s  ability to destroy spores is received by the Board.  These test records shall be retained by the operator for a period of three (3) years and made available to the Board upon request.

(5) All instruments used for body art procedures shall remain stored in sterile packages until just prior to the performance of a body art procedure.  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.

(6) Sterile instruments may not be used if the package has been breached or after the expiration date without first repackaging and resterilizing.

(7) If the body art establishment uses only single?use, disposable instruments and products, and uses sterile supplies, an autoclave shall not be required.

(8) 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.

(9) 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.

(D)   Posting Requirements

The following shall be prominently displayed:

(1)  A Disclosure Statement, a model of which shall be available from the Department.  A Disclosure Statement shall also be given to each client, advising him/her of the risks and possible consequences of body art procedures.

(2)  The name, address and phone number of the Essex Board of Health  and the procedure for filing a complaint.

(3)  An Emergency Plan, including:
(a) a plan for the purpose of contacting police, fire or emergency medical services in the event of an emergency;
(b) a telephone in good working order shall be easily available and accessible to all employees and clients during all hours of operation; and
(c) a sign at or adjacent to the telephone indicating the correct emergency telephone numbers.

(4)   An occupancy and use permit as issued by the local building official.

(5)  A current establishment permit.

(6)   Each practitioner’s permit.

(E)  Establishment Recordkeeping

The establishment shall maintain the following records in a secure place for a minimum of three (3) years, and such records shall be made available to the Board upon request:

(1)   Establishment information, which shall include:
a) establishment name;
b) hours of operation;
c) owner's name and address;
d) complete description of all body art procedures performed;
e) 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 packing slips shall satisfy this requirement;
f) A Material Safety Data Sheet, when available, for each ink and dye used by the establishment; and
g) a copy of these regulations.

(2)    Employee information, which shall include:
(a)  full names and exact duties;
(b)  date of birth;
(c)  home address;
(d)  home /work phone numbers; and

 (3)   Client Information, which shall include:
(a)  name;
(b) date of birth
(c)  address of the client;
(d)  date of the procedure;
(e)  name of the practitioner who performed the procedure(s);
(f)  description of procedure(s) performed and the location on the body;
(g)  a signed consent form as specified by 6(D )(2); and,
(h) if the client is a person under the age of 18, proof of parental or guardian identification, presence and consent including a copy of the photographic identification of the parent or guardian.

  (4) Client information shall be kept confidential at all times.

(F)  (F) The establishment shall require that all body art practitioners have either completed, or were offered and declined, in writing, the hepatitis B vaccination series.  Records documenting compliance with this requirement shall be provided to the Board upon request.

6.  Standards of Practice

Practitioners are required to comply with the following minimum health standards:

(A)   A practitioner shall perform all body art procedures in accordance with Universal Precautions set forth by the U.S Centers for Disease Control and Prevention.

(B)   A practitioner shall refuse service to any person who may be under the influence of alcohol or drugs.

(C)   Practitioners who use ear?piercing systems must conform to the manufacturers directions for use, and to applicable U.S. Food and Drug Administration requirements.  No practitioner shall use an ear piercing system on any part of the client’s body other than the lobe of the ear.

(D)    Health History and Client Informed Consent.  Prior to performing a body art procedure on a client, the practitioner shall:

(1)  Inform the client, verbally and in writing that the following health conditions  may increase health risks associated with receiving a body art procedure:

(a) history of diabetes;
(b) history of hemophilia (bleeding);
(c) history of skin diseases, skin lesions, or skin sensitivities to soaps, disinfectants etc.;
(d) history of allergies or adverse reactions to pigments, dyes, or other sensitivities;
(e) history of epilepsy, seizures, fainting, or narcolepsy;
(f) use of medications such as anticoagulants, which thin the blood and/or interfere with blood clotting; and
(g) any other conditions such as hepatitis or HIV.

(2)  Require that the client sign a form confirming that the above information was provided, that the client does not have a condition that prevents them from receiving body art, that the client consents to the performance of the body art procedure and that the client has been given the aftercare instructions as required by section 6 7(K).

(E)   A practitioner shall maintain the highest degree of personal cleanliness, conform to best standard hygienic practices, and wear clean clothes when performing body art procedures. Before performing body art procedures, the practitioner must thoroughly wash their hands in hot running water with liquid soap, then rinse hands and dry with disposable paper towels.  This shall be done as often as necessary to remove contaminants.

(F)   In performing body art procedures, a practitioner shall wear disposable single-use gloves.  Gloves shall be changed if they become pierced, torn, or otherwise 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 in accordance with section (E) before the next set of gloves is put on.  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 personal hygiene program.

(G)   The skin of the practitioner shall be free of rash or infection.  No practitioner 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.

(H)  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.

(I)   Preparation and care of a client’s skin area must comply with the following:

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

(2)  Before a body art procedure is performed, the immediate skin area and the areas of skin surrounding where 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 or safety razors with single?service blades shall be used. Blades shall be discarded after each use, and reusable holders shall be cleaned and 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.

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

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

(K) The practitioner shall provide each client with verbal and written instructions on the aftercare of the body art site.  The written instructions shall advise the client:

  (1) on the proper cleansing of the area which received the body art;
(2)  to consult a health care provider for:
(a) unexpected redness, tenderness or swelling at the site of the body art procedure;
(b) any rash;
(c) unexpected drainage at or from the site of the body art procedure; or
(d) a fever within 24 hours of the body art procedure; and
(3)   of the address, and phone number of the establishment.

A copy shall be provided to the client.  A model set of aftercare instructions shall be made available by the Department.

(L) Contaminated waste shall be stored, treated and disposed in accordance with 105 CMR 480.000: Storage and Disposal of Infectious or Physically Dangerous Medical or Biological Waster, State Sanitary Code, Chapter VIII.
 

7. Injury Report

A written report of any injury, infection complication or disease as a result of a body art procedure, or complaint of injury, infection complication or disease, shall be forwarded by the operator to the Board which issued the permit, with a copy to the injured client within five working days of its occurrence or knowledge thereof.   The report shall include:

(A) the name of the affected client;
(B) the name and location of the body art establishment involved;
(C)  the nature of the injury, infection complication or disease;
(D) the name and address of the affected client’s health care provider, if any;
(E) any other information considered relevant to the situation.
 

8.  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 regulations.

(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 manner.
 

9.  Application for Body Art Establishment Permit

(A)    No person may operate a body art establishment except with a valid permit from the Board.

(B) Applications for a permit shall be made on forms prescribed by and available from the Board.  An applicant shall submit all information required by the form and accompanying instructions.  The term “application” as used herein shall include the original and renewal applications.

(C) An establishment permit shall be valid from the date of issuance and shall automatically expire one (1) year from the date of issuance unless revoked sooner by the Board.

(D) The Board shall require that the applicant provide, at a minimum, the following information in order to be issued an establishment permit:

(1) Name, address, and telephone number of:
(a) the body art establishment;
(b) the operator of the establishment; and
(c) the body art practitioner(s) working at the establishment;

(2) The manufacturer, model number, model year, and serial number, where applicable, of the autoclave used in the establishment;

(3)  A signed and dated acknowledgement that the applicant has received, read and understood the requirements of the Board’s body art regulations;

(3) A drawing of the floor plan of the proposed establishment to scale for a plan review by the Board, as part of the permit application process; and,

(4)  Such additional information as the Board may reasonably require.

           (E)The Board shall set a reasonable fee for such permit.

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

10.  Application for Body Art Practitioner Permit

(A)   No person shall practice body art or perform any body art procedure without first obtaining a practitioner permit from the Board. The Board shall set a reasonable fee for such permits.

(B)   A practitioner shall be a minimum of 18 years of age.

(C)    A practitioner permit shall be valid from the date of issuance and shall automatically expire in two (2) years from the date of issuance unless revoked sooner by the Board.

(D)    Application for a practitioner permit shall include:
(1)   name;
(2)   date of birth;
(3)   residence address;
(4)   mailing address;
(5)   phone number;
(6)   place(s) of employment as a practitioner; and
(7)   training and/or experience as set out in (E) below.

(E) Practitioner Training and Experience

(1) In reviewing an application for a practitioner permit, the Board may consider experience, training and/or certification acquired in other states that regulate body art.

(2)  Training for all practitioners shall be approved by the Board and, at a minimum, shall include the following:

(a) bloodborne pathogen training program (or equivalent) which includes infectious disease control; waste disposal; handwashing techniques; sterilization equipment operation and methods; and sanitization, disinfection and sterilization methods and techniques; and
(b)  First Aid and cardiopulmonary resuscitation (CPR).

Examples of courses approved by the Board include "Preventing Disease Transmission" (American Red Cross) and "Bloodborne Pathogen Training" (U.S. OSHA). Training/courses provided by professional body art organizations or associations or by equipment manufacturers may also be submitted to the Board for approval.

(3) The applicant for a body piercing practitioner permit shall provide documentation, acceptable to the Board, that s/he completed a course on anatomy, completed an examination on anatomy, or possesses an equivalent combination of training and experience deemed acceptable to the Board.

(4) The applicant for a tattoo, practitioner permit shall provide documentation, acceptable to the Board, that s/he completed a course on skin diseases, disorders and conditions, including diabetes, or completed an examination on skin diseases, disorders and conditions, including diabetes, or possesses a combination of training and experience deemed acceptable to the Board.

(F)   A practitioner’s permit shall be conditioned upon continued compliance with all applicable provisions of these model regulations.
 

11. Grounds for Denial of Permit, Revocation of Permit, or Refusal to Renew Permit

(A)  The Board may, deny a permit, 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 denial, revocation or refusal to renew:

(1) any actions which would indicate that the health or safety of the public would be at risk;

(2) fraud, deceit or misrepresentation in obtaining a permit, or its renewal;

(3) criminal conduct which the Board determines to be of such a nature as to render the establishment, practitioner or applicant 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;

(4) any present or past violation of the Board’s regulations governing the practice of 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; and

(9) 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.

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

(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 written notice in which to comply with the Board's regulations.  The Board may deny, revoke or refuse to renew a permit, if the applicant, establishment or practitioner fails to comply after said seven (7) days.

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

12.  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.
 

13. Procedure for Hearings

(A) Suspension of a Permit

(1) After a Board suspension of a permit, 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.

(2) 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.

(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 summery of the testimony and evidence considered and the reasons for the decision.

(B) Denial, Revocation, or Refusal to Renew a Permit

(1) 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.

(2) Following the hearing, the hearing officer shall issue a written decision that contains a summery of the testimony and evidence considered and the reasons for the decision.

14. Unauthorized Practice of Body Art

The Board shall refer to the appropriate District Attorney, Attorney General, or other law enforcement official any incidents of unauthorized practice of body art.
 

15.   Severability

If any provision contained in the model regulations is deemed invalid for any reason, it shall be severed and shall not affect the validity of the remaining provisions.

16.   Effective Date

These regulations shall become effective February 5, 2001 upon publication of a summery in a locally published newspaper of general circulation in the Town of Essex and a filing of an attested copy with the Department of Environmental Protection.

Adopted by the Essex Board of Health

JANUARY 30, 2001

Michael Dyer,                             Clifford Ageloff,                           Marilyn Gardner,
Chairman

MINIMUM STANDARD FOR KEEPING OF ANIMALS
TOWN OF ESSEX
BOARD OF HEALTH

Effective June 1, 1995, the Board of Health of the Town of Essex, acting under the authority of the General Laws and amendments and additions thereto and by any other power thereto enabling, and acting thereunder and in accordance therewith, have, in the interest of and for the preservation of the public health, duly made and adopted the following rules and regulations for the MINIMUM STANDARD FOR KEEPING OF ANIMALS.  This regulation has been promulgated to provide minimum standards for the protection of public health, animals, and the environment.  The following rules, regulations, and standards are deemed by the Board of Health to be generally adequate to protect the public health, comfort, and the environment in the interests of present and future citizens of Essex. All farming and agricultural facilities existing as of June 1, 1995 are not required to relocate or update the configuration of existing buildings or land uses.

On February 22, 2000 and effective March 1, 2000, the Board subsequently acted to make and adopt revisions to these rules and regulations to: delete the exemptions for riding stables, farms, stables, pet shops, and places where more than ten dogs are kept; and to eliminate the enforcement authority of any Board agent, vesting it solely in the Board itself.

REGULATION 1: DEFINITIONS:

"Parties in interest" as used in this regulation shall mean the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within three hundred feet of the property line of the petitioner as they appear on the most recent applicable tax list as further defined in Chapter 40A, Section 11.

Animal: shall mean any animal such as but not limited to poultry, bird, reptile, fish, cow, horse.

Board of Health: means the legally designated health authority of the Town of Essex, Massachusetts.

Coop: shall mean any building, lot, structure, enclosure, or premises or portion thereof where poultry are kept.

Exotic: means introduced from another country.  Not native to the place where found.

Facility: shall mean any corral, building, drylot, enclosure, paddock, coop, run, shed, stable, stall, or structure used for storage of food supplies and/or equipment normally associated with the keeping of animals, or for the keeping or restraining of any animal.

Farm: as expressed in Section 1 of Chapter 61A of the General Laws: Land in agricultural use defined.
Feed: means a food mixture or preparation used for consumption by animals kept at a facility.

Flooding: shall mean a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters, or from the unusual and rapid accumulation or runoff of surface waters from any source, or from mudslides, which are precipitated by accumulations of water on or under the ground, or from the collapse or subsidence of land along a shore of a body of water as a result of flood-related erosion.

Insanitary: means that state of being of a facility which, in the opinion of the Board of Health, is conducive to or results in excess of:
A.  breeding of flies
B.  creation of malodors
C.  vermin infestation
D.  liquid effluent
E.  runoff
F.  disease carriers
G.  noise
H.  dust in such concentration and of such duration as to
i.  be injurious or, on the basis of current information, potentially injurious to human health, or
ii.  unreasonably interfere with the comfortable enjoyment of life and property.

License: shall mean written authorization from the Board of Health to construct or maintain a structure for the keeping of animals.

Livestock: shall mean horses, ponies, cows, bulls, cattle, sheep, goats and swine.

Malodor: means a noxious odor.

Manure: means excrement and used bedding from livestock and poultry.

Original: means the first time a license or permit is issued.  For example, application for a new permit for a different animal as an addition and/or replacement will not be considered original.

Owner: shall mean every person who alone, or jointly, or severally with others:
A.  has legal title to any facility, or
B.  has care, charge, custody, or control of any facility including but not limited to agents, executors, administrators, trustees, lessees or legal representatives.

Paddock: shall mean a fenced in area for turn out and/or exercising animals.

Pasture: shall mean a plot of fenced in land used for grazing and/or feeding of animals.
Permit: shall mean written authorization from the Board of Health to keep animals.

Poultry: shall mean all domesticated or semi-domesticated edible fowl such as but not limited to chickens, turkeys, ducks, guinea fowl, pheasants, and pigeons.

Runoff: shall mean any liquid or solid suspended in liquid that flows over the surface of the ground.

Shelter: shall mean the minimum housing required for horses, ponies, cattle, sheep, goats and swine.

Small animal: means rabbits and poultry, and other similar small animals.

Stable: means a building or structure in which animals are housed and/or fed.

Stall: means a compartment in a stable used for the keeping of one or more animals.

Suitable Land: means land with a natural drainage class of excessively drained, somewhat excessively drained, well drained or moderately well drained.  Suitable land shall be land that is not a wetland as defined under M.G.L. ch.131 s.40 or 310 CMR 10.00 or subject to flooding.

Swine: shall mean any hoofed animal of the porcine species.

Vermin: shall mean any of various destructive insects or small animals including, but not limited to, flies, mosquitoes, lice, mice and rats.

Wetland: as defined under M.G.L. Ch. 131, S. 40, 310 CMR 10.00, the Wetlands Protect Act, and Town of Essex By-Law, Chapter 6, as amended from time to time.

REGULATION 2: KEEPING OF ANIMALS PERMIT

2.1  A Keeping of Animals Permit issued by the Essex Board of Health shall be required for the keeping of horses, goats, sheep, swine, and other large animals and when 10 (ten) or more small animals are kept. A permit shall be renewed annually.
2.2  A Keeping of Animals Permit shall be issued by the Board of Health when the application is approved by the Board.
2.3  A Keeping of Animals Permit shall be kept on the premises for which it is issued, and shall be produced upon demand of the Essex Animal Inspector and any agent or member of the Essex Board of Health.
2.4  The Keeping of Animals Permit fee of $5.00 shall apply.
2.5  Animals not normally found or kept as domesticated animals such as, but not limited to, feral animals shall not be permitted except by written consent of the Board of Health and other approving authorities.
2.6  Appropriate shelter shall be provided for the animals kept.
REGULATION 3:  STABLE LICENSE

3.1  Any person who proposes to remodel a building or portion thereof to be used as a stable, or who proposes to renovate, alter or enlarge any existing stable, or proposes to construct a new building which is to be used in whole or in part as a stable shall, prior to such remodeling, renovation, alteration, enlargement, or construction, shall submit plans thereof to the Board of Health for approval.  Issuance of a stable license shall constitute approval.  No building permit, foundation permit, special building permit, plumbing permit, or electrical permit shall be issued until and unless a stable license has been issued.  No person shall occupy or use a stable unless it has been licensed by the Board of Health.
3.2  Application shall be made to the Board and/or its Agent on a form provided by the Board and licenses must be renewed annually.  The Keeping of Animals Permit fee shall also serve as the Stable License fee.
3.3  The original license application under this Regulation shall be accompanied by a sketch locating stable, paddock(s), and manure storage area, and any septic system, private or public well, surface watercourses and any wetlands within 100 (one hundred) feet of the stable, paddock(s) and/or manure area.  Additionally, lot lines and abutting streets shall be shown on the sketch.
3.4  Each application shall also make suitable arrangement for the storage, handling and disposal of manure.
3.5  An amended application for a stable license shall be submitted 30 (thirty) days prior to any change in the location of the stable, paddock(s) or manure storage area(s); or if the areas of the original stable, paddock(s) or manure storage area(s) are increased; or if any new stable, paddock(s) or manure storage area(s) are built or established; or if ownership of the stable changes.
 

REGULATION 4:  LOCATION

4.1  Each stable shall be located on land with good drainage ability and not subject to flooding.  The stable shall be at least 100 (one hundred) feet from any wetland and 100 (one hundred) feet from any well.
4.2  No manure storage area shall be located within:
a.  100 (one hundred) feet of wetlands or watercourse as defined by M.G.L. ch. 131, s. 40.
b.  50 (fifty) feet of a lot line or public way without special Board of Health permission.
c.  100 (one hundred) feet of wells for potable water.
d.  400 (four hundred) feet of public water supply wells re: DEP regulation.
4.3  No paddock, pen or animal exercise area shall be located over the leaching facility of a subsurface sewage disposal system without permission of the Board of Health.
REGULATION 5:  MAINTENANCE OF PREMISES AND CARE OF ANIMALS

Animal owners, stable owners and operators shall:

5.1  Provide for the storage or disposal of waste material and manure so as to control vermin, insects and noxious odors.
5.2  Take all reasonable precautions to prevent the spread of infectious or contagious diseases.
 

REGULATION 6: KEEPING OF EQUINES

6.1  Under no circumstances shall equines, bovine, swine, fowl and exotics be allowed to roam free off the owner's premises.  Repeated violation of this regulation will result in suspension of the permit.
6.2  Fencing shall be post and board or split rail or wire or other suitable fencing material to contain animals; barbed wire shall not be used.
 

REGULATION 7:  KEEPING OF PIGEONS

7.1  Permit shall distinguish between pigeons permanently cooped and pigeons allowed free flight.
7.2  Every effort and precaution shall be taken to minimize flying or roosting on, above, within or proximate to abutting properties.  It shall be adequate cause for revoking a permit for the keeping of pigeons if the flying of said pigeons interfere with the comfortable enjoyment of surrounding properties.
7.3  Facilities for the keeping of pigeons shall be maintained in a sanitary condition.
 

REGULATION 8:  KEEPING OF SWINE

8.1  Swine may be kept in accordance with the regulations set by the Commonwealth of Massachusetts and the Board of Health of the Town of Essex By-Laws, Chapter VII, Section 7-3.
 

REGULATION 9:  KEEPING OF BEES

9.1  Hives shall be kept no closer than 100 (one hundred) feet to any abutting dwelling or dwelling unit, and not within 50 (fifty) feet of any public way.
 

REGULATION 10:  KEEPING OF ANIMALS IN THE SCHOOL SYSTEM

10.1  These regulations shall apply to animals kept in schools.
 

REGULATION 11:  EXISTING FACILITIES

11.1  If a Keeping of Animals Permit or Stable License of an existing facility are not obtained within one year of the effective date of these regulations, the existing facility will be treated as a new facility when obtaining a Keeping of Animals Permit and a Stable License and be subject to the Keeping of Animals Regulation of the Board of Health, Town of Essex.
 

REGULATION 12:  ENFORCEMENT

12.1  In addition to the enforcement provisions of any applicable federal, state and local law, by-law or regulations, the Essex Board of Health may deny, revoke, suspend, or refuse to renew a permit or license upon the Board's finding that the person has:
A.  violated any provision of M.G.L., ch. 272, s. 77 or 78A;
B.  violated any provision of this Regulation;
C.  violated a quarantine order.
12.2  No permit or license shall be denied, suspended, or renewal thereof refused except by decision of the Board of Health after a duly advertised Public Hearing.
 

REGULATION 13:  APPEAL

13.1  Any person aggrieved by the decision of the Board of Health may seek relief as provided by the laws of this Commonwealth.
 

REGULATION 14:  SEVERABILITY

14.1  Each part of this Regulation shall be construed as separate to the end that if any part of the Regulation or sentence, clause or phrase thereof shall be held invalid for any reason, the remainder of the Regulation shall continue in full force.
 
 

REGULATION 15:  ADOPTION AND EFFECT

15.1  These rules and regulations were adopted by unanimous vote of the Board of Health, Town of Essex, Massachusetts and are to be in full force and effect on and after June 1, 1995 and shall, before said effective date, be posted in the office of the Town Clerk.

BOARD OF HEALTH
Gordon L. Thompson, Jr., Chairman
Charles A. Burnham, Member
Robert Parlee, Member

Public Hearing  December 6, 1994
Adopted  December 6, 1994
Public Hearing March 21, 1995
Amended March 21, 1995
Posted in Town Clerk's Office May 30, 1995
Effective June 1, 1995
Public Hearing November 16, 1999
Amended November 16, 1999
Public Hearing January 25, 2000
Amended February 22, 2000
Effective March 1, 2000

Floor Drain Regulation
TOWN OF ESSEX
BOARD OF HEALTH
 

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 Essex contribute to the town’s drinking water supplies;
· the Town of Essex Board of Health 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 Essex's 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 Essex Board of Health adopts the following regulation pursuant to authorization granted by M.G.L. c.111 s.31 and s.122.  The regulation shall apply, as specified herein, to all applicable facilities, existing and new, within the Town of Essex.
 
 

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, dry wells, 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/City of [town/city].  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 30.000).  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 Essex 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 connected to a floor drain and 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 Essex 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 Form (which may be obtained by calling 617/292-5770) with the Department, and sending a copy to the Essex Board of Health.

Section VI.  EFFECTIVE DATES FOR ALL FACILITIES
The effective date of this regulation is as specified in Section X 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 Essex 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.  ADMINISTRATION
The Board of Health or it representative and the Department of Public Works shall be authorized to inspect structures within the Town of Essex for compliance with these regulations. Enforcement actions pertaining to violations of these regulations shall be by the Board of Health or it’s agent.

Section VIII.  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.

Section IX.  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.

Section X.  ADOPTION AND EFFECT
These regulations were adopted by the Essex Massachusetts Board of Health, March 26, 2002, and are effective on and after May 1, 2002, and upon publication of notice in a local newspaper.
 

Clifford Ageloff,   Sandra Pelkie    Paul Rullo
Chairman

PREAMBLE TO THE ESSEX FOOD SERVICE REGULATIONS

Whereas infestations of insects, rodents, and other pests in food service establishments are injurious to the public health; pursuant to our authority under Massachusetts General Laws (M.G.L.), Chapter 111, Section 31, the Essex Board of Health, at a public meeting held January 26, 1999, adopted as local regulations supplemental to 105 CMR 590 the document known as the Essex Board of Health Food Service Regulations. The new regulations are intended to require that food service establishments in the Town of Essex have adequately protected the public health by retaining indefinitely the services of pest control firms capable of monitoring the establishments for signs of infestations and correcting any such infestations, if encountered, and may be revised in the future to include other items intended to protect public health in Essex food service establishments. Let it be known that the regulations are effective immediately upon filing with the Massachusetts Department of Environmental Protection and public advertising of adoption of the regulations. The regulations, once in effect, shall remain so until modified or amended by the Essex Board of Health.  Should any conflict between the regulations and 105 CMR 590 be discovered, the more strict interpretation shall prevail.  Comments on the regulations were accepted prior to adoption at a public hearing held January 19, 1999 and the regulations are available for public review and distribution at the Essex Board of Health office, 30 Martin Street, during regular business hours.

       ESSEX BOARD OF HEALTH

       Edward T. Neal
       Chair

ESSEX BOARD OF HEALTH FOOD SERVICE REGULATIONS
(Supplemental to 105 CMR 590.000)
 

A.  Purpose
The purpose of this regulation is to legally empower the Essex Board of Health to enforce requirements which are in addition to existing State laws and regulations for food service establishments where the Board recognizes additional requirements necessary to protect public health in said establishments.  This regulation is intended to change and adapt to changing needs and conditions in the community and may be amended or augmented by the Board with due notice as necessary.

B.  Specific Provisions

1. Pest Control Contract
The Essex Board of Health recognizes that infestations of insects, rodents, and other pests in food service establishments constitute conditions injurious to the public health.  Therefore, the Board hereby requires that all applicants for and holders of food service establishment licenses in the Town of Essex supply to the Board a contract with a Massachusetts licensed pesticide applicator for pest control services.  Said contract must be currently in force and remain in force indefinitely (recognizing that the contractor may change from time to time), and must specify monthly inspection of the establishment by the contractor and elimination of any infestation, if encountered, at a minimum.  Said contract and copy of the contractor’s pesticide applicator license must be submitted to the Board within 90 days of the effective date of this regulation and any change thereto (i.e. change in contractor, change in contract specifications, etc.) must be supplied to the Board within 30 days of said change.  Failure to provide the required contract and license information and/or failure to keep the required contract in force at all times are grounds for suspension or revocation of a food service establishment’s license.
 
 

Attested by: _____________________________________________
          Sally Soucy, Town Clerk
 

    February XXX, 1999
                        Date

BOARD OF HEALTH
TOWN OF ESSEX
 

MANICURIST AND MANICURING/NAIL SALON REGULATIONS
 

Adopted March 4, 2003

Essex Board of Health Regulations Pertaining to Manicurists and the Operation of Manicuring/Nail Salons
 

TABLE OF CONTENTS
 

I. Purpose and Authority ……………..…………………………….……….……3
II. Definitions…………………………………………………………………….3
III. Licenses ………………………………………………………….…………..5
IV. Board of Health Permit, Application, and Fees ………………………..…….5
V. Standards of Establishments …………………………………………………..6
VI. Practitioner Exemptions ……………………………………………………...7
VII. Instrument Disinfection and Personal Hygiene……………………………...7
VIII. Prohibitations …………………………………………………………….…8
IX. Emergency Closure …………………………………………………………...9
X. Suspension of Permit …………………………………..…………………...….9
XI. Orders for Suspension ………………………………………………………..10
XII. Revocation of Permit ………………………………………………………..10
XIII. Effective Date ………………………………………………………………11
XIV. Severability: ………………………………………………………………...11

I. PURPOSE AND AUTHORITY

The Essex Board of Health finds it necessary to permit the practice of nail enhancement in order to protect the public health and safety and fulfill its statutory authority and responsibility to protect workers and clients of nail salons from toxins such as, but not limited to; Acetone, Toluene, Methacrylic Acid (MMA), Ethyl Methacrylate (EMA), Ethyl Cyanoaclic, Formaldehydes, Benzoyl Peroxide, and other chemicals which can be absorbed through the skin, eyes, and nails and by inhalation. It is the Board of Health’s intent that only individuals and facilities which meet and maintain minimum standards of competence and conduct may provide such services to the public. The intent of the promulgation of these regulations is not to conflict with 240 CMR 1.00 – 7.00 Board of Registration of Cosmetology Regulations. Rather, these regulations are intended to reinforce 240 CMR 1.00 – 7.00 and where necessary, create more stringent standards in order to protect the public health.

These regulations are adopted pursuant to the provisions of Chapter 111, Sections 5 and 31 of the Massachusetts General Laws.
 

II. DEFINITIONS

For the purpose of these Manicurist and Manicuring/Nail Salon Regulations, the following terms shall have the following meanings, unless the context clearly requires otherwise.

Breathing Zone: Area around the mouth and nose from which a person inhales air.

Board of Health: The Essex Board of Health and/or any person authorized to act as their agent.

B.O.H.: Essex Board of Health

Disinfectant: The chemical or physical agent used in the disinfection process.

Disinfection: A process that prevents infection by killing bacteria. Usually applies to a chemical or physical process that kills the vegetative forms of bacteria.

Dust Masks: Devices worn over the nose and mouth to prevent inhalation of dust created by filing. Dust masks offer no protection against dangerous vapors and mists. They shall not be substituted for proper ventilation.

Establishment: Manicuring Salon.

Implement: Any instrument, either disposable or reusable, used in the practice of manicuring.

License: A license issued by the Board of Cosmetology, to operate a manicuring salon. It must be issued before the Essex Board of Health will issue a permit to operate in the Town of Essex.  The Board of Cosmetology License must be conspicuously displayed in the salon.

Local Exhaust: An exhaust device that captures vapors, mists, and dusts at the source and expels them from the breathing zone. Local exhaust consists of a hose or tube which is moveable and can be placed at the source of the contaminant. Local exhaust is intended to remove the contaminants at the source and prevent them from reaching the breathing zone. Local exhaust is the preferable method of ventilation where possible. Exhaust must be vented directly to the outside whenever possible. Exterior exhaust pipes must not impact neighbors or be located near any ventilation intakes. When venting directly to the outside is impossible, the salon air shall be filtered through a HEPA filter and at least a five gallon canister packed with activated charcoal or an equivalent filter.

Manicuring: The act of cutting, shaping, polishing, or enhancing the appearance of the nails of the hands or feet. This includes, but is not limited to, the application and removal of sculptured or artificial nails.

Manicuring Salon: Any establishment, room, group of rooms, office building, place of business, or premises where manicuring services are performed by a professional or student/apprentice practitioner with or without monetary compensation.

Nail Technician: A person who, for compensation cuts, shapes, polishes or enhances the appearance of the nails of the hands or feet, including, but not limited to, the application and removal of sculptured or artificial nails.

Non Sanitary Sewage: Liquid waste discharge from any source other than domestic, commercial, and other non-industrial sources. For the purpose of these regulations, this includes any discharge containing chemicals, solutions, or solid waste created by, or used in, the process of the application, removal, or sculpturing of artificial nails.

Permit: A permit to operate a manicuring salon and to individual practitioners will be issued by the Essex Board of Health only after the pertinent sections of 240 CMR 3.00 –7.00 are met. Permits will be renewed annually pending satisfactory renewal application, establishment inspection, and fee payment.

Practitioner: Nail Technician

Salon: Manicuring Salon

Sanitize: Reduction of the number of bacterial contaminants to safe levels as judged by public health requirements.

Ventilation: Introduction and circulation of fresh air while simultaneously replacing foul air. Filtration devices shall not be substituted for ventilation.

III. LICENSES

 1. Every salon owner or operator shall have in their possession the appropriate license(s) issued by the Board of Cosmetology. Under no circumstances will the Board of Health issue a permit to operate a manicuring establishment within the town limits unless all the requirements of 240 CMR 1.00 –7.00 have been satisfied. As stated in 240 CMR 3.01(6) and (7), salon license(s) and individual practitioner license(s) must be conspicuously posted on the premises.
 

IV. BOARD OF HEALTH PERMIT, APPLICATION, AND FEES

 1. Application shall be made for a permit to operate a manicuring salon to the Essex   Board of Health, prior to engaging in any manicuring business in the town. No permit to operate will be issued by the Board of Health until:

A. All pertinent provisions of 240 CMR 3.00 – 7.00 are met
B. All licenses are obtained as defined in 240 CMR 3.00 – 7.00
C. A satisfactory inspection of the facility is conducted by a Board of Health representative

 2. No person shall engage in the practice of manicuring in the Town of Essex prior to receiving a permit from the Essex Board of Health. Permit applicants must apply to the Board of Health and be licensed by the Board of Cosmetology. Each person who works in a nail salon must be licensed by the Board of Cosmetology. Their license must be on the premises at all times when they are on site.

 3. All applications must be submitted on a form approved by the Essex Board of Health and be accompanied by a fee determined by the Board. All permits shall be for a maximum time of one year and expire on December 31 of the year issued. All Permit renewal applications must be submitted to the Board of Health a minimum of 30 days prior to expiration of the existing permit. Permits are not transferable to another owner, manager, person or location.

    4. It is the applicant’s responsibility to comply with all applicable Federal, State, and Local requirements and guidelines including, but not limited to, OSHA, DOS, EPA, DEP, DPH, and local Building and Zoning requirements.
 
 

V. STANDARDS OF ESTABLISHMENTS

1. Chemicals: All chemicals must be properly stored and labeled. This includes chemicals that have been removed from their original containers.  Material Safety Data Sheets (MSDS) must be kept on site for every chemical used in the salon and be readily available for review by the Board of Health.  All chemicals shall be covered when not in use, including between uses.  Whenever possible, small mouthed dispensers should be used. Every container, regardless of size, must be labeled with the name of the chemical and the percent concentration.

2. Covered Waste Receptacles: Must be provided at every work station and emptied at least once per day.

3. Disposal Methods: of liquid waste materials must be submitted to and approved by the Essex Board of Health. Disposal of fluids shall not be allowed to discharge into the ground or groundwater via direct discharge, discharge into a subsurface disposal system, or other method. Disposal into a DEP approved tight tank or other DEP and locally approved method is required. Nonsanitary sewage discharge into a municipal sewer system must be approved by the approving authorities of the sewer system.
The Board of Health must be notified of and approve any proposed changes of disposal methods a minimum of two weeks prior to the proposed change.

4. Dry Sanitizer: Must be used in drawers where implements are stored. Airtight containers must be supplied to store sanitized implements.

5. Eyewash Stations: At least one eyewash station must be readily available in all nail salons. It must be located within ten (10) seconds or 100 feet of any potential hazard. It must be visible and in good working order, allow hands free operation and provide dual eye flushing. The eyewash station must meet ANSI Z358.1 1990 (or revised) eyewash requirements. Use of squirt bottles is not allowed.
If chemicals come in contact with the eye(s) of a technician or a client, a doctor must be immediately called and the affected eye(s) flooded with cool or tepid water for fifteen (15) minutes while holding the eyelid open.  A sign explaining the eyewash procedure, and easily understandable by all employees, must be posted within two (2) feet of the eyewash station.

6. Handwash Sinks: Every salon shall have an adequate number of handwash sinks sufficient to accommodate the number of manicurists working.  There shall be at least one handwash sink located in the salon area and separate from the sink provided in the bathroom.

7. Hot and Cold Running Water: Shall be provided at every handwash sink. Liquid antibacterial soap shall be provided from a dispenser at every handwash sink.  Disposable towels shall be supplied from a dispenser located at the handwash sink

8. Ventilation: Every salon shall meet the following ventilation requirements:  Every shop shall be provided with adequate ventilation which draws air away from technicians and clients and vents to the outside.  A minimum of 60 cubic feet per minute (cfm) per manicuring station shall be provided to protect the health of the employees and patrons. Ventilation units must be kept in proper working condition. The use of filtering devices which merely remove odors and not gases, mists, dusts, etc., shall not constitute ventilation.  Simply circulating air around the establishment shall no constitute ventilation.  The use of devices claiming to remove odor without eliminating harmful mists, dusts, and vapors are also unacceptable.
 

VI. PRACTITIONER EXEMPTIONS

Students, interns, and trainees studying to become nail technicians in an accredited school are not required to be permitted by the Essex Board of Health if the nail work is part of their studies and they are supervised by a licensed nail technician permitted to work in the Town of Essex.

VII. INSTRUMENT DISINFECTION & PERSONAL HYGIENE

1.Ultraviolet ray sanitizer and bead “sterilizers” are ineffective disinfectants and are prohibited for use as such.

2.Formalin is also prohibited for use in manicuring salons because safer alternatives are now available.

3.Instruments and equipment must be DISINFECTED by one of the following methods after use on any patron.  Other chemical disinfectants may be acceptable if they are EPA/CFR approved for such use.

A. Chemical Agents:
a. Antiseptics and disinfectants: EPA Approved/hospital grade required
b. Bleach: Not preferred for instruments but adequate for cleaning tables and counters at a concentration of between 100 and 200 parts per million.
i. Mix one part bleach to ten parts water. Do not mix stronger than a 1:10 ratio as instruments will rust.
ii. Rinse instruments in clean water then immerse the instrument in the bleach solution, shake the instruments in the bleach solution, repeat the rinse/immersion/shake process again then rinse the instrument in water a final time and let the implement air dry on a clean cloth or paper towel.

B. Physical Agents:
a. Boiling water at 212 degrees F for 20 minutes
b. Steaming dry heat
c. 70% grain or denatured alcohol for at least 10 minutes
4. IMPLEMENT AND PERSONAL HYGIENE:

A. All manicurists shall wash their hands thoroughly with hot water and hospital grade antibacterial soap from a dispenser
a. immediately before and after rendering service to any patron
b. prior to the start of work
c. after toilet use
d.  prior to and after consumption of any food or drink or use of any tobacco product
e. at the end of each work shift.

B. Manicurist tables shall be disinfected between each patron.  A clean towel shall be used for each patron.

C. The multiple use of any implement which cannot be disinfected between each use is strictly forbidden.  Instruments or implements which cannot be properly disinfected must be discarded after a single use.  This includes but is not limited to clippers, nippers, cuticle pushers, scissors, reusable forms, manicure and pedicure bowls.  Buffers, files, porous drill bits and wooden sticks which absorb water cannot be disinfected and must be discarded.
 

VIII: PROHIBITATIONS

1. A nail salon may not be located in a building or portion of a building that is within fifty feet (50’) in any direction of a unit used for human habitation.

2. No manicurist, demonstrator, instructor, or student shall provide services to a person who is afflicted with impetigo, pediculosis, or any fungal infection of the hands, feet, or nails. Nor shall they provide services to any person with open cuts, scratches, or wounds to the hands, feet, or nails.

3. Food or drink shall not be consumed in any area used for manicuring or cleaning   and/or sterilization. A separate, segregated room must be provided for this purpose.

4. Smoking is not allowed in any area of the salon. Anyone who smokes must wash their hands prior to leaving the salon and again upon returning.

5. Tinting of eyelashes is illegal in Massachusetts and prohibited under these regulations.

6. Application of permanent makeup is considered Body Art and is prohibited unless the salon and technician(s) are separately licensed under the “Town of Essex Body Art Regulations”.

7. Use of any product containing Methyl Methacrylate (MMA) is prohibited.

8. The use of a common tub or bath for direct skin or nail contact is prohibited. This includes the use of a shared paraffin bath. An impervious barrier may be used to prevent direct contact with the tub contents. An example of this is a plastic bag containing single use paraffin surrounding the client’s hand and submerged into the bath. The contents of the bag must be single use only, and the bag and its remaining contents must be disposed after each use.

IX: EMERGENCY CLOSURE

1. The Board of Health or its authorized agent, acting in accordance with M.G.L. Section 31 may, without notice or hearing suspend a permit to operate a manicuring salon or may order the suspension of one of more particular operations if an imminent health hazard is believed to exist.

2. Whenever a suspension is ordered in this manner, the permit holder or manager, or person in charge of the establishment shall be notified in a written statement which shall include but not be limited to the following information:

A. The Board of Health has determined that an imminent health hazard exists which requires the immediate suspension of operations.

B. The violations leading to the determination that an immediate health hazard exists.

C. That a hearing will be held if a written request for a hearing is filed with the Board of Health within 48 hours of receipt of the notice of suspension.
 

X. SUSPENSION OF PERMIT

1. Manicuring Salon permits shall be suspended immediately upon an inspection which reveals that any procedure in the salon is creating an imminent health hazard.

2. Due to the potentially serious hazard which exists regarding manicuring and bloodborne and other pathogens, strict adherence to these regulations is mandatory. Repeated violations of these regulations is cause for suspension of the B.O.H. permit to operate.

3. Failure to disinfect implements properly between each customer shall be cause for immediate permit suspension.  Frequent or continued failure to properly disinfect implements will result in revocation of the Manicuring Salon permit.
 
 

XI. ORDERS FOR SUSPENSION

1. If the Board of Health orders the suspension of a Manicuring Salon Permit, the permit holder shall be notified by written order.  The order shall include, but not be limited to the following information:

A. Name and address of the establishment.
B.       The reason(s) for the suspension.
C.       The date and time the suspension will become effective.
D. A statement informing the permit holder of her/his right to a hearing before the Board of Health.  It shall be the responsibility of the permit holder to request, in writing, a hearing before the Board of Health.  The time limit for requesting a hearing shall be 48 hours after receiving notification of the suspension of the permit.

2. Orders for suspension or revocation shall be served to the permit holder, salon manager, senior manicurist or her/his authorized agent as follows:

A. By sending the permit holder a copy of the order by registered or certified mail return receipt requested.
B. Personally, by an authorized person from the Board of Health authorized to serve civil process.
 

XII. REVOCATION OF PERMIT

1. The Board of Health may, after providing opportunity for a hearing order the     revocation of a permit for the following reasons:

A. Serious or repeated violation(s) of any section of these regulations.
B. Any activity that the Board of Health deems as presenting a serious threat to the public health.

2. Notice of the order for permit revocation shall be given by the Board of Health to the permit holder in writing.  The order shall specify the reason(s) for which the permit to operate a manicuring salon should be revoked.  It will be the decision of the Board of Health commissioners to permanently revoke a permit.

3. A request for a hearing may be requested by the permit holder in writing, submitted to the Board of Health within 7 business days after notice of revocation.  Operations if suspended, will remain suspended until the hearing before the Board of Health takes place.
 

XIII. EFFECTIVE DATE

These regulations shall take effect immediately after notification has been published in a local newspaper.  These regulations were adopted by the Board of Health at a scheduled Board of Health meeting held on March 4, 2003.  All new and currently existing manicurist salons will be required to comply fully with these regulations immediately upon publication in a local newspaper, or March 19, 2003, whichever is later, except that existing salons shall have until July 1, 2003 to comply with Section V as pertains to ventilation.  Full compliance will be required of all new salons prior to permit approval.  New salons are those applying for permits after the effective date of these regulations.

XIV. SEVERABILITY

If any section, paragraph, sentence, clause, phrase or word of this Board of Health Regulation is declared invalid for any reason whatsoever, that decision shall not affect any other portion of these regulations.
 

By the ESSEX BOARD OF HEALTH:
 

Paul Rullo,     Sandra Pelkie   Karin Staiti Carroll
Chairman

DATE:

BOARD OF HEALTH
TOWN OF ESSEX

MASSAGE THERAPY/BODYWORK REGULATIONS
 

Adopted August 25, 1998
Revised February 23, 1999
Revised November 16, 1999

Effective September 1, 1998
February 23, 1999 Revisions Effective March 8, 1999
November 16, 1999 Revisions Effective Immediately
 

TABLE OF CONTENTS
 
 

I.   PURPOSE 3
II.  DEFINITIONS 3
III.  EXCEPTIONS AND EXCLUSIONS 4
IV.  LICENSES AND FEES 5
V.  PROFESSIONAL PRACTITIONERS;  APPLICATION AND RENEWAL PROCEDURES 5
VI.  STUDENT/APPRENTICE PRACTITIONER; APPLICATION AND RENEWAL        PROCEDURES 6
VII.  TEMPORARY LICENSE OF PROFESSIONAL OR STUDENT/APPRENTICE PRACTITIONER;  APPLICATION PROCEDURE 8
VIII.  MASSAGE THERAPY/BODYWORK PRACTITIONERS; OPERATING GUIDELINES 9
IX.  MASSAGE THERAPY/BODYWORK ESTABLISHEMENTS; APPLICATION AND RENEWAL REQUIREMENTS 10
X.  MASSAGE THERAPY/BODYWORK ESTABLISHMENTS; OPERATING    REQUIREMENTS 10
XI.  OFF-PREMISES BUSINESS 12
XII.  NEW MASSAGE THERAPY/BODYWORK TYPES 12
XIII.  LICENSE REVOCATION, SUSPENSION, OR MODIFICATION, AND APPEALS 12
XIV.  VARIANCES 13
XV.  PENALTIES 13
XVI.  SEVERABILITY 13

The Board of Health of the Town of Essex hereby revises the following regulations on this 23rd day of February, 1999 (originally adopted on the 25th day of August, 1998) under the authority of Section 31 of Chapter 111 of the Massachusetts General Laws (M.G.L.) in order to implement M.G.L. Chapter 140, Sections 51 and 53.  In the event of a conflict in the implementation of regulations relative to massage therapy/bodywork practitioners between M.G.L. Chapter 140, Sections 51 and 53 and these regulations, the regulations included herein shall supercede.

I. PURPOSE
The Essex Board of Health finds it necessary to license the practice of massage therapy/bodywork in order to protect the public health and safety and fulfill its Statutory authority and responsibility.  It is the Board of Health’s intent that only individuals and facilities which meet and maintain minimum standards of competence and conduct may provide such services to the public.  The Board of Health recognizes that physical and emotional well being may occur through the use of massage therapy/bodywork but does not intend these regulations to constitute an endorsement thereof. Furthermore, the practice of massage therapy/bodywork should not be used to diagnose disease, prescribe medicine, or perform any other function which requires a license from the Commonwealth of Massachusetts.
 

II. DEFINITIONS
1. Massage Therapy/Bodywork shall mean the act or technique of moving or manipulating superficial or deep tissues, muscles, joints, or bones by rubbing, kneading, guiding, or the like by manual or mechanical means, or to oneself as directed by the practitioner.  The term shall include but not be limited to:  Body-Mind Centering, Body-Oriented Psychotherapy, The FELDENKRAIS Method, Massage Therapy, Neuromuscular Therapy, Oriental Bodywork Therapies including - Accupressure, Amma Amma, Chi nei sang, Jin shin do, Okazaki Restorative Massage, Nuat thai, Shiatsu and Tuina – Polarity Therapy, ROLFING, the TRAGER approach, Jin Shin Jyutsu, Touch for Health, Myofascial Release, Aromatherapy, and Spa-Body Treatments.

2. Course of Study shall mean study in massage therapy/bodywork taking place in one or any combination of the following:  a class setting, a one-to-one student/instructor setting or a direct supervision setting with a supervisor present for observation of work.  A 500 hour course of study shall include but not be limited to the subjects of technique, anatomy and physiology, practicum, communication skills, business practices, practitioner/client boundaries, and ethics.

3. State or National Professional Association or Institute shall mean an organization providing standards for practice, a code of ethics and grievance procedure, and providing or approving a 500 hour course of study.  State or national professional associations or institutes meeting the above criteria include but shall not be limited to:  American Massage Therapy Association, American Oriental Bodywork Therapy Association, American Polarity Therapy Association, Body-Mind Centering Association, Inc., The Feldenkrais Guild, Massachusetts Association for Body Oriented Psychotherapy and Counseling Bodywork, Massachusetts Professional Bodywork Association, the Rolf Institute, the Trager Institute, the American Bodywork and Massage Professionals, the National Association of Holistic Aromatherapy, or be Nationally Certified in Therapeutic Massage and Bodywork.

4. Massage Therapy/Bodywork Practitioner shall mean any person who has obtained a license from the Board of Health and for who compensation, hire, or reward engages in the practice of massage therapy/bodywork.

5. Establishment shall mean the room or group of rooms, office building, place of business or premises where massage therapy/bodywork is practiced by a professional practitioner or student/apprentice practitioner.
 

III. EXCEPTIONS AND EXCLUSIONS

1. Practitioner:  These regulations shall not apply to the following individuals who are duly licensed to practice their respective professions by the Commonwealth of Massachusetts and who may perform massage/bodywork in the regular performance of their respective duties:  physicians, dentists, chiropractors, podiatrists, osteopaths, occupational therapists, physical therapists, nurses, acupuncturists, and barbers and beauticians (barber and beautician exemption applies solely to the massage of neck, face, scalp and hair of customer or client for cosmetic or beautifying purposes).

2. Establishment:  These regulations shall not apply to nursing homes, convalescent homes, home health agencies, or other institutions similarly licensed as health care facilities by the Commonwealth of Massachusetts.  Massage therapy/bodywork practitioners working in such institutions within the Town of Essex are required to obtain a license as provided herein.

3. Existing Practitioner’s Licenses:  Those individuals already holding a valid license to practice massage/bodywork in the Town of Essex when these regulations are adopted shall be “grandfathered” with respect to Sections V.4 and V.5 and need not fulfill those requirements.  Grandfathered individuals are entitled to “Professional Practitioner” status as long as all other licensing requirements contained in Section V are fulfilled at the time of the next regular license renewal and all other regulations are adhered to in daily practice.
 

IV. LICENSES AND FEES

1. No person shall practice as a professional practitioner of massage therapy/bodywork for hire or reward or advertise or hold him/herself as being engaged in the business of massage therapy/bodywork in the Town of Essex unless having first been issued a license required pursuant to these regulations.  The fee for initial license shall be $100 and renewal license shall be $50 per year, or as amended.

2. No person shall operate an establishment for the practice of massage therapy/bodywork unless having first been issued a license required to these regulations.  The fee for the initial and renewal license of an establishment shall be $60 per year, or as amended.
 

V. PROFESSIONAL PRACTITIONERS;                                      APPLICATION AND RENEWAL PROCEDURES

No person shall be licensed to practice as a professional practitioner of massage therapy/bodywork in the Town of Essex unless he/she meets the following requirements:

1. Submit to the Essex Board of Health a completed application form as supplied by the Board of Health.  False statements in said application shall be grounds for denial or revocation of the license.

2. Submit filing fee as determined by the current rate schedule.

3. Provide satisfactory evidence that the applicant is eighteen (18) years of age or older, by presenting two forms of positive identification or a valid passport.

4. Submit satisfactory evidence of education as required by the state or national professional association or institute as detailed in the information packet attached to these regulations.  Each applicant must demonstrate successful admission to the state or national professional association, diploma or certificate and a transcript from a school licensed and accredited by the Massachusetts Department of Education or its resident state’s department of education and submit evidence of having completed a minimum course of study comprising 500 hours of study in massage (as defined in section II.2) which meets the standards of the state or national professional association.

5. Submit three letters of reference including at least one from a teacher at an accredited school.

6. Agree to follow all Board of Health regulations regarding massage therapy/bodywork and conduct oneself in accordance with the standards for practice and ethical guidelines of his/her state or national professional association or institute.

7. Upon initial application or by March 1, 2000 if requirements were not satisfied at the time of initial application:
a. Submit a report from a physician certifying freedom from tuberculosis accompanied by the result of a negative intradermal Mantoux tuberculin test administered not more than ninety days prior to submitting the application, or in the case of a person whose tuberculin test is positive, by the report of a standard X-ray film of the chest taken not more than ninety days thereto, and such other laboratory and clinical examinations as may be required for the exclusion of tuberculosis in a communicable form.

b. Submit a report from a physician documenting immunization or alternative proof of immunity as follows:  Measles vaccine – two doses of live measles containing vaccine administered at/or after 12 months of age (at least one month apart) are required, or serological proof of immunity. Mumps vaccine – at least one dose of mumps vaccine administered at/or after 12 months of age (at least one month apart) is required, or serological proof of immunity. Rubella vaccine – at least one dose of rubella vaccine administered at/or after 12 months of age (at least one month apart) is required, or serological proof of immunity.  Diptheria and Tetanus Toxoids – at least three doses of DT/Td.  A booster dose of tetanus/diptheria, adult toxoid (Td) is required if more than ten years have elapsed since the last dose.

8. File an application for renewal not less than thirty days prior to license expiration.

9. The practitioner must be currently certified in CPR by the American Red Cross.
 

VI. STUDENT/APPRENTICE PRACTITIONER;                         APPLICATION AND RENEWAL PROCEDURES

No person shall be granted a student/apprentice practitioner license to practice massage therapy/bodywork in the Town of Essex unless he/she meets the following requirements:

1. Submit to the Essex Board of Health a completed application form as supplied by the Board of Health which shall include the name, address, and phone number of the applicant’s fieldwork instructor (a professional practitioner licensed in a municipality of the Commonwealth of Massachusetts and eligible for licensure in the Town of Essex).  False statements in said application shall be grounds for denial or revocation of the license.

2. Provide satisfactory evidence that the applicant is eighteen (18) years of age or older, by presenting two forms of positive identification or a valid passport.

3. Submit satisfactory evidence that he/she is engaged in the pursuit of a 500 hour course of study in massage therapy/bodywork and has completed at least 150 hours of that course of study.  The applicant shall complete a minimum of 100 hours of a course of study (as defined in II.2) per year to be eligible for renewal.  Documentation shall be a transcript from a school licensed and accredited in Massachusetts or its resident state.

4.
a. Agree to follow all Board of Health regulations specified herein and conduct him/herself in accordance with the standards for practice and ethical guidelines of his/her state or national professional association or institute named herein.  Student/apprentice practitioners shall not misrepresent their training, experience, credentials, or title.

b. For any student/apprentice practitioner making original application for licensure after February 23, 1999:  Agree to only practice under the supervision of a professional practitioner who is on the premises and who is aware of their supervisory role at any time services are being rendered for hire or reward.

5. Upon initial application or by March 1, 2000 if requirements were not satisfied at the time of initial application:
a. Submit a report from a physician certifying freedom from tuberculosis accompanied by the result of a negative intradermal Mantoux tuberculin test administered not more than ninety days prior to submitting the application, or in the case of a person whose tuberculin test is positive, by the report of a standard X-ray film of the chest taken not more than ninety days thereto, and such other laboratory and clinical examinations as may be required for the exclusion of tuberculosis in a communicable form.

b. Submit a report from a physician documenting immunization or alternative proof of immunity as follows:  Measles vaccine – two doses of live measles containing vaccine administered at/or after 12 months of age (at least one month apart) are required, or serological proof of immunity. Mumps vaccine – at least one dose of mumps vaccine administered at/or after 12 months of age (at least one month apart) is required, or serological proof of immunity. Rubella vaccine – at least one dose of rubella vaccine administered at/or after 12 months of age (at least one month apart) is required, or serological proof of immunity.  Diptheria and Tetanus Toxoids – at least three doses of DT/Td.  A booster dose of tetanus/diptheria, adult toxoid (Td) is required if more than ten years have elapsed since the last dose.

6. The student practitioner must be currently certified in CPR by the American Red Cross.
VII. TEMPORARY LICENSE OF PROFESSIONAL OR STUDENT/APPRENTICE PRACTITIONER;                         APPLICATION PROCEDURE

Licenses for temporary events shall be only for the duration of the temporary event.  No person shall practice massage therapy/bodywork on a temporary basis in the Town of Essex unless he/she meets the following requirements:

1. Submit to the Essex Board of Health a completed application form supplying all information therein requested.  This form shall be completed by the individual practitioner on his/her own behalf or by an agent of the temporary event on behalf of the participating practitioner(s).

2. Submit documentation of licensure in another Massachusetts community as a professional practitioner or a student/apprentice practitioner.  Applicants whose license to practice massage therapy/bodywork has been revoked in any other Massachusetts municipality shall be ineligible for a license for a temporary event in Essex.

3. Student/apprentice practitioners who practice in a Massachusetts city or town that does not allow for a student/apprentice license, or student/apprentice practitioners from out of state shall not qualify for a temporary license.

4. No illegal act may be performed or allowed to be performed on the premises of the temporary event.

5. Hygienic practices must be maintained to the greatest extent allowed by the conditions of the temporary event.

6. The practitioner(s) must publicly display his/her temporary license to practice massage therapy/bodywork for that event.

7. The practitioner(s) must agree to follow all rules and regulations specified herein and conduct him/herself in accordance with the standards for practice and ethical guidelines of his/her professional association or institute named herein.

8. Professional or student/apprentice practitioners licensed by the Essex Board of Health may perform massage therapy/bodywork at a temporary event if he/she publicly display his/her license to practice massage therapy/bodywork.
 

VIII. MASSAGE THERAPY/BODYWORK PRACTITIONERS;        OPERATING GUIDELINES

Every professional or student/apprentice massage therapy/bodywork practitioner conducting work in the Town of Essex shall agree  to use the following guidelines in the conduct of massage therapy/bodywork.

1. Not touch or work with a client, when either the client or the practitioner is afflicted with a communicable disease including but not limited to skin fungus, skin infection, skin inflammation, skin eruption, of skin lesion (i.e. cut) that could be spread through the massage  therapy/bodywork process or through close contact ordinarily associated with the massage therapy/bodywork process.

2. Wash hands thoroughly with proper soap or disinfectant and hot water immediately before and after performing a massage therapy/bodywork session.

3. Maintain a sufficient level of personal cleanliness and be clothed in clean and appropriate attire.

4. Not administer massage therapy/bodywork to a minor without the consent of a minor’s parent or guardian.

5. Take all precautions for proper hygiene within the facilities.

6. Not diagnose disease, prescribe medicine, or perform any procedure which requires a license from the commonwealth of Massachusetts, including but not limited to psychotherapy, chiropractic, and colonic hydrotherapy.

7. Prominently display in the main seating area, entranceway, or in each practice room the license to practice massage therapy/bodywork issued by the Board of Health.

8. Maintain a records or dates, names, and addressed of all patrons.  This record shall be made available to the Board of Health or the Massachusetts Department of Public Health in the event of a communicable disease believed to have been brought to or transmitted through or from the massage therapy/bodywork practitioner or the establishment.

9. Follow all rules set forth in these regulations and conduct themselves with the standards of their accrediting state or national professional association.

10. Practitioner will use universal precautions in the prevention of all communicable diseases.

IX. MASSAGE THERAPY/BODYWORK ESTABLISHMENTS; APPLICATION AND RENEWAL REQUIREMENTS

No person shall operate any massage therapy/bodywork establishment used by patrons for hire or reward without a license issued by the Board of Health.  Such licenses will be issued upon successful documentation of the following:

1. Submit to the Essex Board of Health a completed application form containing all information therein requested.  False statements in said application shall be grounds for revocation or denial of a license.

2. Submit filing fees as required by the current rate schedule.

3. Notify the Board of Health within fourteen days of any change in name, address, or ownership.

4. Inspection of the facility by the Board of Health or any other relevant agencies for conformance with Section XII of these regulations, the state building code, and the health, housing, fire prevention, and zoning codes of the Commonwealth of Massachusetts and the Town of Essex.

5. Operate only under the name or location specified on the license.
 

X. MASSAGE THERAPY/BODYWORK ESTABLISHMENTS;   OPERATING REQUIREMENTS

No person shall operate any massage therapy/bodywork establishment used by patrons for hire without adhering to the following operating requirements:

1. Employ or cause to be employed as a massage therapy/bodywork practitioner only those persons who have obtained a valid, un-revoked student/apprentice or professional practitioner license from the Essex Board of Health to practice massage therapy/bodywork. Student/apprentice practitioners must be supervised in accordance with Section VI(4)(b).

2. Perform or allow to be performed no illegal act on the premises.  A violation of this section may be cause for revocation, suspension, or modification of any Board of Health license issued pursuant to these regulations.

3. Not operate the massage therapy/bodywork establishment between the hours of 11 p.m. and 7 a.m. unless a singularly unique problem arises necessitating the practice of massage therapy/bodywork during those hours.

4. Operate no X-ray, fluoroscope, diathermy, or similar equipment unless licensed by the Commonwealth of Massachusetts to practice a professional requiring the use of such equipment.

5. Provide that all rooms used for massage therapy/bodywork be maintained clean and constructed of easily cleanable material, be well lighted, maintain adequate ventilation and proper heat in accordance with local and/or State regulations.

6. Perform their practice using the minimum room size and equipment as detailed in the information packet for the appropriate state or national professional association or institute.

7. Post conspicuously at the reception area of an establishment where shower facilities are not provided a sign which shall read:

NOTICE TO CLIENTS

If you believe you are allergic to lotions, oils, or powders, please notify the massage therapist prior to massage and they will not be used.  If requested, the massage therapist will use rubbing alcohol or soap and warm water to remove oils, lotions, or powders used during massage.

Hypoallergenic soap, hot and cold running water, and rubbing alcohol (70% isopropyl by volume) shall be available in the establishment at all times when a shower is not provided.  The sign shall not be required in establishments where techniques are performed on clients fully clothed or where techniques are performed that do not use oil (e.g. Oriental bodywork, etc.).

8. Maintain all areas of the establishment, including the furniture and equipment therein, in sanitary condition at all times. All massage therapy/bodywork tables, mattresses, etc. shall be constructed of easily cleanable material.  All surfaces used for massage therapy/bodywork shall be properly cleaned and sanitized after each massage therapy/bodywork session.

9. Clean and sanitize after each use all robes, sheets, towels, etc. supplied by the establishment which may come in direct contact with the body of the client or practitioner.  No common use is permitted.  All used robes, clothes, towels, and linens shall be kept in a closed container at least five feet away from clean linens, or labeled “clean” and “soiled” if stored closer than five feet.  Single service items are acceptable, and shall only be used once.

10. Display in the main seating areas, entranceway, or in each practice room the current license of the establishment and current license(s) of all massage therapy/bodywork practitioner(s) conducting massage therapy/bodywork therein.

11. File an application for renewal not less than 30 days prior to the expiration of the establishment license.

XI. OFF-PREMISES BUSINESS

All professional practitioners of massage therapy/bodywork licensed by the Board of Health may perform off-premises work provided that he/she publicly displays his/her professional practitioner license when conducting off-premises business.
 

XII. NEW MASSAGE THERAPY/BODYWORK TYPES

In the event an applicant does not practice any of the types of massage therapy/bodywork listed in Section II(1), the applicant shall submit documentation of schooling, internships, training, and experience to demonstrate sufficient level of competency to qualify for a state or national certification program should one exist comparable to the others listed in Section II(3).  In no case shall an applicant have less than a 500 hour course of study as listed in section II(2) or not have completed the National Certification Exam for Therapeutic Massage and Bodywork.

XIII. LICENSE REVOCATION, SUSPENSION, OR MODIFICATION, AND APPEALS

1. The Board of Health may suspend, revoke, or modify a professional practitioner or establishment or a temporary license or a student/apprentice practitioner or off-premises business license for any violation of these regulations or for the performance of any illegal act on the premises by serving an order in writing by any person authorized to serve civil process or by registered mail, return receipt requested to the person(s) responsible for the violation.

2. The person(s) to whom an order has been served may request in writing a hearing before the Board of Health within 7 days after the day the order was served.  Upon receipt of such a petition the Board of Health shall set a time and place for such hearing and shall inform the petitioner thereof in writing.  The hearing shall be commenced not later than 30 days later than the date on which the order was served.  The 30 day period may be extended if, in the opinion of the Board of Health, the petitioner has submitted a good and sufficient reason for such postponement.

3. At the hearing, the petitioner(s) shall be given an opportunity to be heard and to show why the order should be modified or withdrawn.  After the hearing, the Board of Health shall sustain, modify, or withdraw the order and shall inform the petitioner in writing of this decision.  The decision of the Board of Health shall be final.
XIV. VARIANCES

1. Any person(s) may submit a written request to the Board of Health for a variance in any provision of these regulations when the enforcement thereof would do manifest injustice and the applicant can prove that the proposed variance would afford the same degree of health and safety protection.  The Board of Health shall set a time and place for a hearing on the matter and shall perform the petitioner in writing thereof.  The hearing shall commence within 30 days of receipt of the request.

2. At the hearing the petitioner(s) shall be given the opportunity to be heard and to show why the variance should be granted.  After the hearing the Board of Health may sustain, modify, or deny the variance and shall inform the petitioner(s) in writing of its decision.
 

XV. PENALTIES

Whoever violates any provisions of these regulations as stated herein or prevents or hinders any member or agent of the Board of Health or police department from exercising entry an inspection authority, under the authority of, and as pertaining to these regulations and Sections 51, 52, and 53 of Chapter 140 of the Massachusetts General Laws shall be punished by a fine of not more than 100 dollars, or by imprisonment of not more than 6 months, or both.
 

XVI. SEVERABILITY

If any section, paragraph, section, clause, phrase, or word of the regulations shall be declared invalid for any reason whatsoever, that decision shall not affect any other portion of the regulations, which shall remain in full force and effect, and to this end so shall the provisions of these regulations.

PRIVATE WELL WATER SUPPLY REGULATIONS

The Board of Health of the Town of Essex and the Commonwealth of Massachusetts, acting under Chapter 111, Section 31, of the General Law, as amended, with reference to Chapter 40, Section 54 of said General Laws, has, in the interest of and for the protection of public health, established and adopted the following rules and regulations:

I.  DEFINITIONS:

A.  The word “well” as used in these regulations shall include any pit, pipe, excavation, casing, drill hole or other private source of water to be used for the purpose of supplying potable water in the Town of Essex.
B.  The words “water systems’ as used in these regulations shall include pipes, valves, fittings, tanks, pumps, motors, switches, controls and appurtenances installed or used for the purpose of storage, distribution, filtration, treatment or purification of water for any use whether or not located inside of a building.

II.  WELLS:

A.  No well shall be installed until a permit has been issued by the Board of Health.

1.  No building permit shall be issued for the construction of a building which necessitates the use of water therein from a well located on the land where the building is to be constructed until a well has been installed and the Board of Health has determined that a safe and adequate supply of potable water is available.
2.  Major renovation or repair of existing wells and/or water systems must be approved by the Board of Health before a permit will be issued.

B.  The well contractor shall observe reasonable sanitary measures and precautions the performance of his work in order to prevent the pollution or contamination of the well.

1.  Newly constructed wells or wells where repair work has been done shall be thoroughly disinfected before being put into use.
2.  All abandoned wells shall be tightly sealed by approved methods or filled with clean earth or preferably clay to prevent pollution or the groundwater.
3.  There shall be a separate well for each dwelling, and it must be at least 50 feet from any septic tank and at least 100 feet from any leaching facility or cesspool and set back a minimum of 25 feet from all streets.

C.  Every well must supply adequate water for the purpose for which it is intended and shall give satisfactory evidence of continuing capability to do so.

1.  Before being approved, every well shall be pump tested by the well contractor.  The results of the pump test shall be submitted on a form prescribed by the Board of Health and kept as a public record.
2.  In cases of new construction, the Board of Health will require the submission of a water analysis report, to include a bacterial and chemical evaluation by a laboratory approved by the Board of Health or the Massachusetts Department of Public Health before the issuance of a building permit.

a.  When the Board of Health requires the treatment of a water supply, a permit will be issued conditionally requiring an appropriate treatment facility to be installed and tested prior to a final approval of the water system.
 

III.  WATER SYSTEMS

A.  There shall be a separate water system for each dwelling, and it shall not be installed or materially altered hereafter until a permit has been issued by the Board of Health.  The Board will require a description of the installation with each application for such permit.  Emergency work for repairs or service of existing equipment not amounting to a substantial renovation or overhaul may be done without a permit.

1.  The water pipe from the house to the well pit or pitless adapter and all wiring therefor shall be properly enclosed by a pipe or copper tubing, to lighter than Type L or otherwise equal.
2.  All pumps, motors and tanks shall be placed on a suitable foundation, and all equipment and parts of the system that may require adjustments or services shall be made readily accessible.
3.  All pump house, pump or pipe pits and wells shall be designed and constructed so as to prevent flooding and otherwise to prevent he entrance of pollutants or contaminants.

B.  The Board of Health shall require the installation of all  necessary switches, controls and devices, and the satisfactory performance of a pressure and operating test of the system will deliver adequate pressure and volume consistent with the well and the well requirements.  The Board of Health must be given reasonable notice of when the installation is ready for inspection.

C.  No certificate of occupancy shall be issued until all the provisions of these regulations have been met.  The required inspections and these regulations can not be construed as a guarantee by the Town of Essex, or it’s agents, that the water system will function satisfactorily.

IV.  PENALTIES:

A.  Any person who shall violate any provisions of these regulations for which a penalty is not otherwise provided in any of the General Laws or The Sanitary Code shall upon conviction be fined not less than $10.00 nor more than $50.00.

V.  UNCONSTITUTIONALITY CLAUSE:

A.  So far as the Board of Health may provide, each section of these rules and regulations shall be construed as separate to the end that if any section, item, sentence clause or phrase shall be held invalid for any reason, the remainder of these rules and regulations shall continue in full force and effect.
 
 

Public Hearing to amend December 2, 1997
Vote to amend December 16, 1997

    ATTESTED BY: ___________________________
           Sally Soucy , Town Clerk

    DATE: ___________________________________
 

Whereas conclusive evidence exists that tobacco smoke causes cancer, 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 [hereinafter ETS], which includes both exhaled smoke and the side stream smoke from burning tobacco products, causes the death of 53,000 Americans each year (McGinnis JM, Foege W, “Actual Causes of Death in the United States”, JAMA 1993 270:2207-2212); and whereas the U.S. Environmental Protection Agency classified secondhand smoke as a known human carcinogen; now, therefore the Essex Board of Health recognizes the right of those who wish to breathe smokefree air and establishes this regulation to protect and improve the public health and welfare by prohibiting smoking in workplaces.

B.  Authority:

This regulation is promulgated under the authority granted to the Essex Board of Health under Massachusetts General Laws Chapter 111, Section 31 that “[b]oards of health may make reasonable health regulations."

C.  Definitions:

For the purposes of this regulation, the following words shall have the meanings respectively ascribed to them by this paragraph:

Bar:  An adult-only establishment, including outdoor seating areas, 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.

Boat Cruise- a vessel used or capable of being used as a means of transport on water that offers rides, transportation and/or trips to the public.

Business Agent:  An individual who has been designated by the owner or operator of any establishment to be the manager or otherwise in charge of said establishment.

Board: The Board of Health of the Town of Essex.

Employee:  Any person who performs services for an employer.

Employer:  A person, partnership, association, corporation, trust, or other organized group of individuals, is including the Town of Essex or any agency thereof, which utilizes the services of one (1) or more employees.

Enclosed:  A space bounded by walls (with or without windows) continuous from the floor to the ceiling and enclosed by doors, including, but not limited to, offices, rooms and halls.
 

Food Establishments: Means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption.

Outdoor Seating Area: Outdoor seating, or sidewalk portions of an affected establishment, used as part of, or in conjunction with the establishment. Such outdoor section may or may not be covered or otherwise enclosed.

Person:  Any individual, firm, partnership, association, corporation, company or organization of any kind including, but not limited to an owner, operator, manager, proprietor or person in charge of any building, establishment, business, or restaurant or retail store, or the business agents or designees of any of the foregoing.

Private Club: A not-for-profit establishment created and organized pursuant to M.G.L. Ch. 180 as a charitable corporation with a defined membership.  A private club, including outdoor seating areas, is not a place of public accommodation but rather distinctly private.  Criteria used to determine whether a club is distinctly private include, but are not limited to, those factors identified in 204 CMR 10.02.  If the private club holds an alcoholic beverage license, said license shall be a “club license” or a “war veterans club license” as defined in M.G.L. Ch. 138, §12 and by the Massachusetts Alcohol Beverage Control Commission.  Said license is subject to the terms set forth by the local licensing authority.

Private Social Function:  A social gathering associated with a single purpose that is not open to the public and is under the control of the host/hostess rather than the proprietor/manager, such as a wedding reception.

Public Place:  Any building, facility or vehicle owned, leased, operated or occupied by the municipality, including school buildings or grounds; any enclosed area open to the general public including, but not limited to, retail stores, restaurants, bars, private and public clubs, food establishments, public and private social functions, retail food stores, libraries, boat cruises, museums, theaters, banks, laundromats, indoor sports arenas, auditoriums, inn/hotel/motel lobbies, private and public educational facilities, shopping malls, common areas of residential buildings, public restrooms, lobbies, staircases, halls, exits, entrance ways, elevators accessible to the public and licensed child-care locations.

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

Retail Food Store:  Any establishment commonly known as a supermarket, grocery store, bakery or convenience store, or any other establishment that offers food items to the public for off-premises consumption.

Retail Store:  Any establishment whose primary purpose is to sell or offer for sale to consumers any goods, wares, merchandise, articles or other things.
 
 

Smoking:  Inhaling, exhaling, burning or carrying any lighted cigar, cigarette, or other tobacco product in any form.

Sports Arena: means sports pavilions, gymnasiums, health spas, boxing arenas, billiard parlors, public and semi-public swimming pools, skating rinks, bowling alleys, and other similar places where members of the general public assemble either to engage in physical exercise, participate in or witness sports events.

Town: The Town of Essex.

Workplace:  Any enclosed area of a structure or portion thereof at which one (1) or more employees perform services for their employer.

D.  Smoking Prohibited:

1. Smoking is prohibited in all workplaces, all public places and private clubs.

2. It shall be unlawful for any employer or other person having control of the premises upon which smoking is prohibited by this regulation, or the business agent or designee of such person, to permit a violation of this regulation.

E.  Posting Notice of Prohibition:

Every person having control of premises upon which smoking is prohibited by and under the authority of this regulation shall conspicuously display upon the premises "No Smoking" signs provided by the Massachusetts Department of Public Health and available from the Town of Essex Board of Health 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) and comparable in size to the sign provided by the Massachusetts Department of Public Health and available from the Town of Essex Board of Health.

F.  Exceptions:

Notwithstanding the provisions of Paragraph D of this regulation, smoking may be permitted in the following places and/or circumstances:

1. Private residences except those portions used as a childcare or health care office, or as any business accessible to the public, when operating as such.

2. Hotel and motel rooms rented to guests that are designated as “smoking rooms”, provided that at least 75% of the rooms be smokefree at all times.  A room so assigned shall have signs posted indicating that smoking is allowed therein and shall have self-closing doors.  No change in room designations shall take place without prior written approval of the Board of Health.

3. Private or semiprivate rooms of nursing homes and long term care facilities, which are separately ventilated, occupied by one (1) or more patients, and all of whom have requested in writing to be placed in rooms where smoking is permitted.

G.  Violations:

Any employer, or his or her business agent, who 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 Massachusetts General Laws, Chapter 40, Section 21D or by filing a criminal complaint at the appropriate venue.  It shall be the responsibility of the employer, or his or her business agent, to ensure compliance with all sections of this regulation.  The violator shall receive:

1. In the case of a nonconfirmed complaint, a written notification of the complaint will be sent to the referenced business.

2. The owner, manager, or other person in charge of a facility, building, vehicle or place regulated in these regulations that violates any of the above sections, shall be fined one hundred ($100.00) dollars for the first violation.

3. A second violation within 24 months of the date of the first violation, shall result in a fine of two hundred dollars ($200.00).

4. A third or subsequent violation within 24 months of the date of the second or current violation shall result in a fine of three hundred dollars ($300.00) and the Essex Board of Health shall provide a hearing, as detailed in Section G.4 of this regulation, to consider suspension of the violator's food permit.

5. The Essex Board of Health shall provide notice of the intent to suspend a food service permit, which notice shall contain the reasons therefore and establish a time and date for a hearing which date shall be no earlier than seven  (7) days after the date of said notice. The permit holder shall have an opportunity to be heard at such hearing and shall be notified of the Board of Health's decision, and the reasons therefore in writing. The Essex Board of Health, after a hearing, may suspend the food service permit for a term of no less than 3 days and not to exceed 7days.

H.  Enforcement:

This regulation shall be enforced by the Board of Health and its designees.

One method of enforcement may be periodic, unannounced inspections of those establishments subject to this regulation.  Any citizen who desires to register a complaint under this regulation may request that the Board of Health initiate an investigation.
 

I. Severability:

If any paragraph or provision of this regulation is found to be illegal or against public policy or unconstitutional, it shall not affect the legality of any remaining paragraphs or provisions.

J.  Conflict with Other Laws or Regulations:

Notwithstanding the provisions of the foregoing Paragraph D of this regulation nothing in this regulation shall be deemed to amend or 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.

K.  Effective Date:

This regulation shall become effective on November 3, 2003
 

ESSEX BOARD OF HEALTH:
 

Sandra Pelkie MacIntyre,    Paul Rullo  Karin Staiti Carroll
Chair
 

Date: ___________________
 

 ESSEX ON-SITE SYSTEMS
 DESIGN STANDARDS
 

ADOPTED AS LOCAL REGULATIONS BY
THE ESSEX BOARD OF HEALTH
AT A PUBLIC HEARING HELD
JANUARY 27, 1998*

AMENDED JANUARY 26, 1999*
*Section 800 was incorporated as guidance only and is not a local regulation.
 

TABLE OF CONTENTS
Standard     Page

Preamble     1

SECTION 100: Septic Tanks     3
                          Drawings 100 (Septic Tank) &
                          100A (Standard Manhole Frame & Cover) Follow Page 6
SECTION 200: Distribution Boxes     7
                          Drawing 200 (Distribution Box) Follows Page 8
SECTION 300: Tight Tank      9
                          Drawing 300 (Holding Tank) Follows Page 10
SECTION 400: Sewer Pipe and Valves    11
                          Drawing 400 (Wall Penetration Detail) Follows Page 17
SECTION 500: Water Tightness Testing    18
                          Specification Sheet 500 (Tank Notes) Follows Page 19
SECTION 600: Design and As-Built Plans   20

SECTION 700: Leach Facility Construction    24

SECTION 800: Recirculating Sand Filter      28

SECTION 900: Bioclere System       33

SECTION 1000: F.A.S.T. System      36

SECTION 1100: Effluent Pumping System     39

SECTION 1200: Pressure Distribution System     43

SECTION 2000: Procedure for Obtaining a Variance    46

SECTION 2100: Procedure to Request a Waiver of Soil Testing   47
                            Three Page Waiver Request Forms Follow Page 47
SECTION 2200: Procedure to Voluntarily Fail & Upgrade a Septic System 48
                            Two Page Upgrade Form Follows Page 48
SECTION 2300: Reporting Requirements for Septage Haulers   49

SECTION 2400: Checklist for Review of Septic System Design Plans  50
                            Eight Page Plan Review Checklist Follows Page 49
SECTION 2500: Certificates of Compliance     51

SECTION 2600: Septic System Installation Weather Condition Moratorium 53

Town Clerk Attest     53

 SECTION 100
 SEPTIC TANKS

100.1  GENERAL

100.1.1 Description

  This section sets forth the requirements for the design and construction of septic tanks for new construction and upgrades.

100.2 MATERIALS

100.2.1 General Requirements

  Septic tanks shall be constructed using sulfide resistant concrete, fiberglass or high density polyethylene.  The design and configuration of septic tanks shall be approved for sale in the Town by the Board of Health.  No septic tank shall be installed that has not been approved by the Board of Health.  Drawings for approved tank configurations can be found in the Standard Details.

  Septic tanks shall be structurally sound.  Designs for tanks which have not been approved by the Board of Health shall be certified by a Massachusetts registered professional engineer and show the load bearing capacity of the vessel and installation requirements.

  Septic tanks and all pipe connections and openings shall be water tight and shall be tested per SECTION 500 WATERTIGHTNESS TESTING.

  Pipe connections and penetrations shall be in accordance with Section 400.2.7.

  Septic tanks shall be equipped with inlet and outlet tees to promote quiescent conditions, to contain scum and to provide a route whereby gas is directed to the building plumbing vent.  The inlet and outlet tees shall be readily accessible to clear blockages or for inspection purposes.  The outlet tee shall be equipped with a Department of Environmental Protection (DEP) approved effluent tee filter device which shall be maintained in accordance with its DEP approval document.

  Compartment interconnection in two compartment tanks shall exclude the conveyance of sludge or scum from the first compartment to second.  The dividing wall between compartments shall be perforated or configured to allow the venting of the second compartment through the building stack vent.  The requirements for single compartment tanks shall apply to all components of the 2 compartment tanks.

  Two single compartment tanks may be used in series.  More than two tanks in series is prohibited.  Two compartment tanks may not be used in series.

  Access openings shall be provided to all septic tank compartments to permit cleaning and maintenance.  Access openings in the tank shall be a minimum of 20 inches and riser/frame/cover assemblies shall be 24 inches in diameter.  The number of openings shall be sufficient to permit access to all portions of the tank using tank cleaning tools, but there shall be no less than one opening for every 10 feet of tank length or fraction thereof.  Any center manhole not provided with a riser to grade shall be permanently sealed watertight. Tees and baffles shall either be visible and accessible through the access openings for inspection, repair or maintenance or they shall be provided with auxiliary access openings of sufficient dimension to permit inspection and maintenance.  All openings will be provided with suitable covers.  All covers shall be watertight.

  At least one (two for tight tanks – See Section 300, and two for septic tanks which will be situated with the tank top below the level of the estimated seasonal high groundwater table) concrete, polyethylene, fiberglass, or other corrosion proof material riser shall be installed around the access opening(s) extending from the top of the installed septic tank to grade.  Tanks requiring only one riser shall have the riser placed over the outlet tee in the tank.  All risers and cleanout openings shall be watertight and affixed to the tank top with a watertight seal. The top elevation of any riser extending to grade shall be set higher than the surrounding grade so as to divert surface runoff and prevent flooding.  The elevation of all tank access holes shall be set above the 100 year flood elevation or equipped with watertight covers. All risers that are visible from the surface shall be made childproof by using a bolt down cover, or other means.  The risers and covers shall be designed and constructed to H-10 load criteria at a minimum.  The strength of all components shall be appropriate for the location and expected loads.  Lighter duty components may be approved if specifically addressed and justified by the individual system designs.  Design load capacities and installation criteria shall be certified by a registered professional engineer.  All fasteners, gaskets and materials shall be corrosion proof.

100.3 EXECUTION

100.3.1 Design Criteria and Fabrication

  The tanks shall be designed to withstand a H-10 loading in non-traffic areas and for a H-20 loading in traffic areas.  Distribution of earth loading and live loading shall be in accordance with ASTM C 857 or ASTM C 890.  The units shall be designed using an equivalent fluid pressure of 83 pounds per cubic foot and a 2 foot surcharge.  The units shall be designed to resist all stress encountered during casting, handling, and erection.

  The tanks shall be factory cast.  Concrete in the precast elements shall be continuously placed to prevent formation of seams.  The finished units shall be free of voids, cracks. All inserts shall be securely attached or embedded in their proper location.

  The precast manufacturer shall insure that the specified concrete mix is utilized throughout production of the units.  Mix design shall be provided on request.  All precast concrete shall be air entrained.  Admixtures containing calcium chloride shall not be used.

  Precast concrete tanks shall be manufactured in accordance with the applicable requirements of ASTM C 858, and as modified herein except that precast concrete units manufactured by the dry cast (packerhead) process are prohibited.

  Wall sleeves or gaskets for piping and access hatches and other inserts shall be cast into the structure or inserted at the place of manufacture.

  Tanks shall be designed to resist buoyant forces.  Buoyancy calculations shall be presented on the design plans.  The groundwater elevation shall be assumed to be at the existing ground surface, unless a Title 5 soils evaluation in the general tank location is performed which indicates that the seasonal groundwater elevation is at a lower elevation.  For purposes of the buoyancy calculation, the designer shall assume that the tank weighs 140 lbs per cubic foot of concrete, soil weighs 100 lbs per cubic foot, and water weighs 62.4 lbs per cubic foot.  Only the weight of the soil directly above the tank shall be included in the downward force component. Friction forces are not to be included in the downward force component. The downward force component shall be 120% of the buoyant force, at a minimum.

100.3.2 Product Handling

  No precast concrete tanks shall be shipped in less than 15 days from date of manufacture.

  Precast sections, if stored on site, shall be transported and handled with proper equipment to protect the elements from damage.  Sections shall be handled in accordance with the manufacturer's recommendations.  Minor damage may be repaired in the field using a suitable mix of epoxy concrete.  Repairs shall be acceptable to the Health Agent or Board of Health representative.  Tanks with major damage shall be replaced.

  Precast sections shall be stored on wooden blocks to hold them off the ground to prevent dirt and debris from entering the joining surfaces.

  High density polyethylene and fiberglass tanks shall be handled in strict accordance with the manufacturers requirements.

100.3.3 Installation

  Tanks shall be placed on a level bed of crushed stone at least 6 inches in depth.  The effective stone size shall not exceed 1 ½ inches.

  Tanks shall be installed level.  Tanks shall be repositioned if the tank is out of level end to end by more than 1 inch.

  Field modifications of precast units, such as cutting or enlarging holes or slots, are not permitted without the specific approval of the precast unit's manufacturer.  Modifications shall be made in strict accordance with the manufacturer's directions and recommendations.

  Mating surfaces shall be cleaned of all foreign materials such as dirt, mud, stones, etc.
 

 SECTION 200
 SEPTIC TANK EFFLUENT DISTRIBUTION BOXES

200.1 GENERAL

200.1.1 Description

  This section sets forth the requirements for the design and construction of septic tank effluent distribution boxes for new construction and upgrades.

200.2 MATERIALS

200.2.1 General Requirements

  Distribution boxes with multiple discharge inverts at the same elevation may be used for gravity fed absorption systems.

  These boxes shall be constructed using reinforced concrete with a minimum compressive strength of 4,000 psi after a 28-day cure.  Distribution boxes fabricated using high density polyethylene may be used in areas protected from vehicular access. Concrete boxes shall have a minimum of 2 inch thick walls, top, and bottom. The inside dimension of all boxes shall be at least 12 inches wall to wall in both width and length.  Boxes shall be sufficient in size and design to distribute flow equally to all outlets.  Inlet velocity shall be 3 feet per second or less. There shall be a minimum 2 inch elevation difference between inlet and outlet inverts.

  Each outlet pipe shall be laid level for at least 2 feet beyond the distribution box or a dial type leveling device shall be used.  There shall be at least one outlet for each effluent distribution pipe.

  Pipes may be connected to concrete distribution boxes using non-shrink concrete grout in single family residential installation only.  Commercial and multi-unit residential installations must employ resilient heavy duty neoprene or other approved synthetic material at pipe to box connections.  Polyethylene boxes shall be equipped with pipe seals manufactured for use with the box.

  All metal parts used in pipe connections shall be corrosion proof.  Distribution boxes shall be of sufficient size and contain suitable baffling to prevent short circuiting and uniformly distribute sewage.  The distribution box shall be equipped with an inlet tee, baffle, or splash plate extending one inch (minimum) above the outlet invert elevation to dissipate the velocity of the sewage.
 
 
 

200.3 EXECUTION

  Distribution boxes shall be installed on foundations designed to prevent settling or tipping from loads as shown on the Standard Detail.  Foundations shall consist of a minimum of 6 inches of crushed stone not exceeding 1 ½ inches in diameter.

  Each distribution box shall be tested in the presence of the Health Agent or other Board of Health representative to insure that it is set level by filling the box with water to the invert of the outlet pipes.  The water level must be at the same elevation as each outlet invert.  If the water level is not touching an outlet, the box must be reset or the outlet pipe terminations provided with appurtenances to assure proper liquid distribution.

 SECTION 300
 TIGHT TANKS

300.1 GENERAL

300.1.1 Description

  This section sets forth the requirements for the use, design, and construction requirements for tight tanks (holding tanks) for residential use only.  All tight tanks are to be used as a temporary measure for the storage of wastewater pursuant to the Essex Final Judgment.  Tight tanks shall have no outlet pipe connections save one capped pipe that allows for future use with new technology or a communal sewer system.

300.2 MATERIALS

300.2.1 General Requirements

  Tight tanks shall conform to SECTION 100 SEPTIC TANKS except for the following:

   1. Minimum tank capacity shall be 500% of the design flow or 2,000 gallons whichever is greater.

   2. There shall be at least two access openings installed to grade.  One opening shall be located over the inlet pipe and the second opening shall be located over the opposite end of the tank.

   3. No outlet tee shall be provided. However, a capped, four-inch, PVC pipe shall be installed to penetrate one tank outlet for future use.

4. Access openings to grade shall be provided at both ends of the holding tank. Access openings in the tank shall be a minimum of 20 inches and riser covers shall be 24 inches in diameter.  The number of openings shall be sufficient to permit access to all portions of the tank using tank cleaning tools, but there shall be no less than one opening for every 10 feet of tank length or fraction thereof.  Inlet tees shall be visible and accessible through the access openings for inspection and repair. All accessways that are visible from the surface shall be made childproof by using a bolt down cover or other means.  Covers shall be watertight.

5. Tight tanks shall employ the use of penetration sealing methods described in Section 400.2.7 in all cases.

6. Tight tanks shall be vacuum tested as per Section 500.3 in all cases.
 
 

300.3 EXECUTION

300.3.1 Design Criteria and Fabrication

  Holding tanks shall conform to Section 100.3.1 Design Criteria and Fabrication.

300.3.2 Product Handling

  Holding tanks shall conform to Section 100.3.2 Product Handling.

300.3.3 Installation

  Holding tanks shall conform to Section 100.3.3 Installation.

 SECTION 400
 SEWER PIPE and VALVES

400.1 GENERAL

400.1.1 DESCRIPTION

  This section describes requirements pertaining to the type and installation of piping and valves in new construction and upgrades.  Pipe within 10 feet of the building shall meet the requirements of the Massachusetts Plumbing Code.

400.2 MATERIALS

       400.2.1 Pipe shall be cast iron, ductile iron, or PVC conforming to the standards specified below.

400.2.2 Polyvinyl Chloride (PVC) Pipe

       400.2.2.1 Polyvinyl (PVC) pipe and fittings shall be homogeneous throughout and free from visible cracks, bubbles, blisters, holes, foreign inclusions, cuts or scrapes on the inside or outside surfaces or imperfections which may impair the performance or life of the pipe.  Each pipe shall be straight to within 1/16 inch per foot of length when uniformly supported along its entire length, and shall have a true circular cross-section to within +/- 1/64 inch.

400.2.2.2 Polyvinyl Chloride (PVC) Gravity Pipe and Fittings

  a. Polyvinyl Chloride (PVC) pipe and fittings shall meet the material requirements of ASTM D 3034, wall classification SDR-35 (minimum), Schedule 40 (minimum) or ASTM F 789, wall thickness T-1.

  b. Joints shall be elastomeric gasketed or solvent welded in accordance with manufacturer's recommendations and ASTM Standard D 2466.

400.2.2.3 Polyvinyl Chloride (PVC) Pressure Pipe and Fittings

  a. Polyvinyl chloride (PVC) pressure pipe shall be manufactured from PVC compounds meeting the requirements of ASTM D 1784, Class 12454B.  Pressure pipe shall be Schedule 40 minimum or SDR 21 minimum.

  b. Solvent-cemented pipe joints shall meet the materials and workmanship requirements of ASTM D 2672.  Schedule 40 pipe fittings shall have solvent-cemented joints meeting the materials, workmanship and dimensional requirements of ASTM D 2466.  Primer shall meet the materials requirements of ASTM F 656.  Solvent cement shall meet the materials requirements of ASTM D 2564.

  c. Rubber gaskets for gasketed joints shall meet the materials requirements of ASTM D 477.  Gaskets and lubricants shall be made from materials that are compatible with the pipe material and will not support bacterial growth.

  d. Pressure sewer pipe shall be pressure-rated SDR 21 pipe with a pressure rating of 200 psi meeting materials, design, test, certification, and marking requirements of ASTM D 1785.  Pressure sewer mains shall have gasketed joints in accordance with ASTM D 3139.  Pressure sewer pipe shall be 1-1/2 inch diameter minimum.  Threaded connection to Schedule 40 pipe shall only be made using socket-by-thread adapters.

  e. Pressure sewer threaded fittings shall be Schedule 40 IPS fittings conforming to the materials, design, test, certification and marking requirements of ASTM D 1795.

  f. Threaded pipe and fittings shall be Schedule 80 physical dimensions and tolerances of PVC Schedule 80 pipe and shall conform to ASTM D 1875.  Threaded Schedule 80 fittings shall conform to ASTM D 2464 and shall be manufactured by the same supplier as the pipe.  Rubber gasketing for joints shall provide a seal between the bell and the spigot and conform to ASTM Standard D-1869.  Solvent cement shall be manufactured specifically for use on PVC Schedule 80 pipe and shall meet all requirements of ASTM Standard D-2564.

400.2.3 Cast Iron Soil Pipe, Ductile Iron Pipe and Fittings

  Cast iron soil pipe (CIP), ductile iron pipe (DIP) and cast iron fittings shall be sound and without defects that might impair its service.

  Ductile Iron Pipe and Fittings

  a. Pipe shall be manufactured in accordance with the requirements of AWWA C151 except that the metal thickness class shall be Class 52.  Pipe nominal lengths may be 16 through 20 feet.

  b. All pipe and fittings shall be constructed to withstand all external pressure caused by overburden as indicated on the profile and traffic loads to which the pipe may be subjected.

  c. All ductile iron pipe will be designed for a minimum of 150 psi working pressure and Type 1 laying conditions.  The standard thickness class shall be Class 52; minimum.

  d. Joints may be flanged, mechanical or rubber gasketed push-on type.  Unless otherwise noted, all joints shall be in accordance with AWWA 1111.

  e. All fittings shall be manufactured in accordance with AWWA C110 or AWWA C153 for compact fittings sizes 3 inch through 12 inch.

  f. Fittings shall have a minimum pressure rating of 250 psi.

400.2.4 Aggregate for Pipe Bedding

  Aggregate for pipe bedding shall be screened crushed stone meeting the requirements of AASHTO M43 No. 57.

400.2.5 Check Valves

  Check valves shall be gravity-operated, flapper-type with injection molded polyvinyl chloride (PVC) bodies.  Flapper-type valves shall have a full ported passageway and true union joint ends.  Working parts shall be made of a 300 series stainless steel and/or non-metallic synthetic resins.  Ball check valves shall be used for septic tank effluent only.

400.2.6 Ball Valves

  Ball valves shall be constructed of PVC material, with socket-type true union end connections and sized as shown on the Plans.  Ball valves shall have Viton O-ring seals and self-lubricating Teflon seats.  Ball valve shall be designed to allow disassembly of the downstream side of the piping while the upstream side remains pressurized.

400.2.7 Pipe Wall Penetration Seals

  Pipe and conduit penetrations into precast concrete structures other than distribution boxes and leaching chambers shall be sealed watertight using one of the following methods unless the penetration has been demonstrated to be above the seasonal high groundwater table via a soil evaluation or other method.  Tight tanks shall employ one of the following sealing methods regardless of the level of the seasonal high groundwater table (See Section 300).

  a. Neoprene Boot

   Pipe and conduit penetrations shall be affixed to the structure using a flexible neoprene boot.  All hardware shall be stainless steel.  Holes shall be core drilled or cast perpendicular to the face of the tank wall so as to produce a smooth wall hole.  Boots shall be Kor-N-Seal Assembly as manufactured by National Pollution Control Systems, Inc. of Milford, New Hampshire or equal. The boot shall be installed in accordance with the manufacturer's specifications.

  b. Link Seal

   The pipe to wall penetration closures shall be "Link Seal" as manufactured by Thunderline Corporation, Wayne, Michigan or equal.  Holes shall be core drilled or cast perpendicular to the face of the tank wall so as to produce a smooth wall hole.  Seals shall be a modular mechanical type, consisting of EPDM interlocking rubber links shaped to continuously fill the annular space between the pipe and wall opening.  Links shall be loosely assembled with stainless steel bolts to form a continuous rubber belt around the pipe with a corrosion resistant pressure plate under each bolt head and nut.  After the seal assembly is positioned in the sleeve, tightening of the bolts shall cause the rubber sealing elements to expand and provide a water-tight seal between the pipe and wall opening.  The inside diameter of each wall opening shall be sized to fit the pipe and seal to assure a water-tight joint.

  c. Alternative Sealing Systems

   Alternative sealing systems shall be submitted to the Board of Health for approval.  Submittals shall include a full description of the sealing system including materials of construction, dimensional drawings, and installation procedures.

400.3 EXECUTION

400.3.1 Trench Excavation for Pipe Installation

  All work shall be performed in accordance with OSHA requirements.

  DigSafe shall be contacted and buried utilities located prior to the start of excavation.

  The trench subgrade shall be such as to provide a uniform and continuous bearing and support for the pipe for the full length of each pipe, except for that portion at the bell connection.  Any part of the bottom of the trench excavated below subgrade shall be backfilled with suitable material and thoroughly compacted.

  Trench sides shall be vertical to a distance of at least one (1) foot above the top of the pipe.

400.3.2 Sewer

  Building sewer construction and installation shall be in accordance with 310 CMR 15.222, Building Sewer.The location and depth of the septic tank shall be confirmed prior to installation of the building sewer.

  The building sewer connection to the building drain and its connection to the septic tank inlet shall be made with rigid couplings.  The building sewer shall be laid straight from the foundations to the septic tank wherever possible.  The distance between the septic tank and the building foundations shall be as short as possible.  A manhole terminated at grade shall serve as access to all ninety degree bends.

  When two forty-five degree bends are placed in series (close proximity) in a building sewer the pair shall be preceded by a single cleanout extended to grade and plugged.  When any single bend less than 90 degrees is placed in a building sewer it shall be preceded by a cleanout extended to grade and plugged.   A cleanout extended to grade and plugged shall be provided for each 100 feet of house service.

  Backfill material around and over pipelines for a distance of two (2) feet above the top of the pipe shall consist of clean unfrozen earth, free of ash, putrescible refuse, stones over six inches in diameter, or any other material of an unsatisfactory character.  Sewer pipe shall be laid on six inches of suitable material and backfilled with suitable material to a depth of six inches above the pipe.  The remainder of the trench may be backfilled in layers.

  All pipe shall be installed in accordance with the recommendations of the pipe manufacturer and as specified herein:

  a. Trench, backfill, compaction, pipe bedding and haunching shall be as required by the pipe manufacturer.

  b. The pipeline trench excavation shall be dewatered sufficiently to allow pipe construction under dry conditions.  No joint shall be made under water.

  c. No pipe shall be laid upon a foundation into which frost has penetrated, nor at any time when there is danger of ice formation or frost penetration at the bottom of the excavation.  In freezing weather, open trench length shall be kept to a minimum and the excavation promptly backfilled after the pipe has been installed.

  d. Each pipe shall be bedded on a solid foundation.  Bell holes shall be dug sufficiently large to ensure that joints are properly made and the pipe is firmly supported for the full length of the barrel.

  e. Proper and suitable tools and appliances for safe and convenient handling and joining of pipes and fittings shall be used.  Slings shall not damage the exterior and/or coating of the pipe, and shall be wide canvas or rubber-coated belts.

  f. Pipe and fittings shall be carefully handled and lowered into the trench.  Pipe shall be installed with special care to ensure that each length abuts against the next to produce no shoulder or unevenness of any kind along the inside bottom half of the pipeline.  No wedging or blocking will be permitted in installing any pipe.

  g. No pipe shall be brought into position until the preceding length has been thoroughly bedded and secured in place.  Care shall be used to secure watertightness and prevent damage to, or disturbing of, the joints during the refilling process.  After pipes have been installed and joints have been made, there shall be no walking on or working over the pipe, except as may be necessary in tamping the backfill material, until the backfill is at least 4 feet over the top of the pipe or backfill is completed.

  h. The pipes shall be thoroughly cleaned before being installed and shall be kept clean until acceptance of the completed work.  Open ends of all pipelines shall be provided with a stopper carefully fitted to keep dirt and other substances from entering.  This stopper shall be kept in the end of the pipeline at all times when installation is not in progress.

  i. Pipes shall be furnished in standard laying lengths.  Random short lengths shall not be permitted.  Whenever a pipe requires cutting to fit into the line or bring it to the required location, the work shall be done in a manner that leaves a smooth, square end.  Cut PVC pipe ends shall have burrs removed and the end beveled to match factory bevel.  Field spigots shall be stop-marked with a felt tip marker or wax crayon for the proper length of assembly insertion.

  The alignment and subgrade of all trenches and excavations shall be determined from bench marks provided in the Plans.  All bench marks shall be preserved, and a complete and accurate record maintained of the pipe location, grade, depth, bends, and cleanouts.

  Solvent-cemented polyvinyl chloride (PVC) pipe joints shall be assembled only by personnel knowledgeable and experienced in properly making solvent type joints in accordance with the solvent cement manufacturer's recommendations, as specified is ASTM D 2855, and as detailed herein:

  a. Ends shall be cut square with the pipe axis using a fine-tooth hand or power saw.  Pipe cutters not specifically designed for cutting pipe shall not be used.  Cut ends shall be chamfered and deburred prior to joint assembly.

  b. Surfaces to be joined shall be cleaned and free of dirt, moisture, oil and other foreign material.  Cleaning shall be accomplished by wiping with a clean dry cloth, a chemical cleaner, or mechanical means.  The surface temperature of the mating surfaces shall not exceed 100o F at the time of assembly.

  c. The inside socket surfaces and the male end of the pipe shall be softened by application of one or more coats of primer.  After the surfaces have been softened, and while still wet with primer, cement shall be applied to both surfaces in a uniform and even manner, taking care to keep excess cement out of the socket.  Immediately after applying the last coat of cement to the pipe, and while both the inside socket surface and the outside surface of the male end of the pipe are soft and wet with solvent cement, forcefully bottom the male end of the pipe in the socket.  Turn the pipe or fitting one-quarter turn during assembly to distribute the cement evenly.  Hold the joints firmly together until the cement has received its initial set.

  d. Handle newly assembled joints carefully until the cement has gone through the set period.  Set time shall be in accordance with the manufacturer's recommendations or the following, whichever is longer:

     Minimum Time  Ambient Temperature

     30 minutes  60 to 100o F
      1 hour   40 to  60o F
      2 hours   20 to  40o F
      4 hours    0 to  20o F

   Pressure testing shall not be conducted until at least 24 hours after solvent cement joints have been assembled.

  When threaded polyvinyl chloride (PVC) joints are called for, the following procedures shall be followed:

  a. Male and female threaded areas shall be clean and free of sand and dirt.

  b. Joints shall be lubricated and sealed with non-hardening pipe dope or Teflon tape.

  c. Special care shall be taken when starting threads to prevent cross threading.

  d. Hand tighten joint first, then wrench tighten only enough to produce a leak-free joint.
 
 
 

 SECTION 500
 WATERTIGHTNESS TESTING

500.1 GENERAL

500.1.1 Description

  This section presents methods of water tightness testing acceptable to the Board of Health.  The section presents acceptable methods for testing tanks, gravity pipelines, and pressure pipelines.

500.2 MATERIALS

  Not applicable.

500.3 EXECUTION

500.3.1 Use of These Methods

  All septic tanks shall be tested for water-tightness unless it can be demonstrated that no part of the tank is below the level of seasonal high groundwater.  All tight tanks shall be tested for water-tightness regardless of the seasonal high groundwater elevation (See Section 300).  All gravity and pressure pipes located within 6 inches of the seasonal high water table may require testing for water-tightness at the discretion of the Board of Health .  Unless specifically waived by the Board of Health, all tests shall be performed in the presence of the Health Agent or other Board of Health representative.

500.3.2 Septic Tanks, Holding Tanks, Manholes, Dose Chambers, and Pump Chambers

  These structures shall be vacuumed tested in accordance with the following procedures:

   Testing for all holding tanks and for septic tanks/pump chambers which require two risers shall be performed after the structure has been set and all penetrations  have been installed including all access risers, pipes, and conduits.  Testing for all other tanks/pump chambers must be performed after penetrations and conduits have been installed but may be performed before risers have been installed.

   All lift holes or similar penetrations shall be filled and completely repaired before the test.

   All risers, pipe, and conduit penetrations shall be plugged with pneumatic or mechanical plugs.

   Install vacuum line and inflate compression band to effect an air tight seal.

   Connect the vacuum pump to the outlet port with the valve open.

   Draw a vacuum of at least 4 inches mercury and close valve.

   The structure shall maintain the vacuum for at least ten (10) minutes.  If the vacuum falls more than 0.5 inch in two minutes, the structure must be repaired and the test repeated.

500.3.3  Gravity Pipe Line Low Pressure Air Test
   The low pressure air test may be required by the Board of Health and shall consist of the following:

    Test plugs shall be supplied and installed within the pipeline at each terminus or structure.  Each plug shall be securely braced.

    Air shall be added slowly to the portion of the pipe being tested until the internal pressure is raised to 10 psig.  No one shall be allowed to enter any structure connected to the pipeline under pressure during the test.  No adjustment of any plugs is allowed while the pipeline is under pressure.

    The air temperature shall be allowed to stabilize for at least 2 minutes by adding only the amount of air required to maintain the specified pressure.  After this time period, the hose and air compressor shall be disconnected from the pipe section under test.

    No pressure drop is allowed for a 5 minute period.  Pipelines which fail to maintain the stipulated pressure for a period equal to or greater than this shall be deemed to have failed the low pressure air test and shall be repaired.

500.3.4  Pressure Pipe Testing

   Pressure pipe testing may be required by the Board of Health and the pipe must be filled with water, all air eliminated from the system, and the system pressurized to 80 psig at the highest point under test.  Valves in the line shall be opened full and closed while the line is under test pressure.  The pipeline shall be deemed acceptable if it can hold 80 psig for 5 minutes without losing pressure.
 
 

  SECTION 600
 DESIGN and AS-BUILT PLANS

600.1 GENERAL

600.1.1 DESCRIPTION

  This section addresses requirements for submitting design plans prior to obtaining a Disposal System Construction Permit.  This section also addresses requirements for submitting as-built plans prior to obtaining a Certificate of Compliance following system installation. "Plans" shall include all drawings related to original designs and design modifications for the following:

  a. New systems:  single-unit, multi-unit, and commercial properties.

  b. Existing systems:  repair, replacement, upgrade or expansion of existing septic systems for single-unit, multi-unit and commercial properties.
 

600.2 DISPOSAL WORKS CONSTRUCTION PERMIT APPLICATIONS

600.2.1 Applications for disposal works construction permits shall be considered incomplete pursuant to M.G.L. Ch. 111, s. 31E and will not be reviewed unless all applicable items listed below are provided at the time of original submittal:

a. DEP approved application form (yellow and white form) – required for all
b. Three complete copies of design plans in accordance with section 600.3.1 below – required for all
c. Appropriate plan review fee – if applicable
d. Official soil evaluation report on DEP approved form – required for all unless submitted previously
e. Local upgrade approval form 9A – if applicable
f. Variance request letter (see Section 2000) – if applicable
g.  Copies of any septic system easements with official Essex County Registry of Deeds proof of recording – if applicable

600.3 EXECUTION

       600.3.1 The designer shall submit design plans for the new system or system replacement, upgrade or expansion to the Board of Health.  The design plans and design report shall bear the original stamp and signature of the designer and shall be prepared in accordance with 310 CMR 15.220, Preparation of Plans and Specifications, 310 CMR 15.221, General Construction Requirements for All System Components, and the Town of Essex checklist found in SECTION 2400.  All plans shall be presented on one, 24" x  36" sheet unless a) an innovative/alternative active treatment device is part of the system or b) multiple dwellings are being served by the system.  In cases (a) and (b) the plan shall be presented on no more than two, 24" x 36" sheets.  In addition, the plans shall include:

  a. Property tax identification number;
  b. Property owner name, address, telephone number(s);
  c. Name of property owner's agent, including address and telephone number;
  d. Plan of existing improvements (buildings, utilities, storm drain systems, wells, individual sewage disposal treatment systems, etc.);
  e. Plan showing proposed location of new dwelling or building to be served;
  f. approximate Location of existing system components;
  g. Number of bedrooms;
  h. Location and test results from a minimum of two (2) percolation tests, one (1) of which shall be located in the primary system location and one (1) of which shall be located in the first reserve area;
  i. Location and soil profiles from at least two (2) deep test pits in the disposal field area are required for a repair.  For new construction at least two deep test pits are required in the primary disposal area and at least two deep test pits are required in the reserve area. The pits shall be sufficient in number to thoroughly describe the surface soils in the leaching system and reserve area.
  j. Details for proposed equipment or structures;
  k. Calculations to support the size of expanded facilities;
  l. Reference points for maintaining horizontal and vertical location control during construction;
  m. A note on the plan listing all variances applied for;
  n. The holder identification and location of any easements appurtenant to or which could impact the system;
o. All tanks and dosing chambers that are at or below the groundwater table shall be designed with counter weights, anchors or ballasts if necessary.  Buoyancy calculations shall be in conformance with section 100.3.1.
p. For systems with a projected flow of 5,000 gallons per day or greater, a site hydraulic analysis including geohydrologic testing, mathematic and graphic calculations of groundwater impacts shall be prepared and submitted for approval.

600.3.2 The designer shall submit as-built plans of the new system, repair, replacement, upgrade or expansion as installed to the Board of Health.  As-built plans shall consist of the approved design plan resubmitted to the Board of Health with any changes, including changes in final grading, clearly indicated in red ink or readily discernable line and font weights and styles superimposed on the original drawing.

The original design submission date, revision date(s), and the heading “As-built” shall be clearly indicated on the plan along with ties from two permanent reference points to the center of the septic tank or tight tank inlet manhole cover.
 
 

600.3.3 As-built plans for any type of system other than a temporary tight tank shall bear the following signed statement from the System Designer:

   I certify that the sewage disposal system depicted hereon is installed in accordance with the provisions of 310 CMR 15.00 (Title 5), the most recent revision of the Essex On-site Systems Design Standards, and the originally approved design plan as amended by this as-built plan.

   ____________________________ ____________
   (Signature of Designer)   (Date)

600.3.4 As-built plans for any temporary tight tank shall bear the following signed statement from the System Designer:

   I certify that, pursuant to the Essex Final Judgment, the temporary tight tank depicted hereon is installed in accordance with the most recent revision of the Essex On-site Systems Design Standards and the originally approved design plan as amended by this as-built plan.

   ____________________________ ____________
   (Signature of Designer)   (Date)

600.3.5 Design plans shall bear the following signed statement:

   I certify the locations, elevations and ties shown on this plan result from an actual survey made on the ground.

   ____________________________ _____________
   (Signature of Designer)   (Date)

600.3.6 All documents, plans and testing shall be prepared under the supervision, signature and seal of a Massachusetts registered sanitarian or licensed professional engineer.

600.3.7 Either a valid Order of Conditions from the Essex Conservation Commission or a written statement from the Essex Conservation Commission that a particular septic system installation is not within the jurisdiction of that commission must be provided to the Board of Health by the septic system installer prior to the issuance of any Disposal Works Construction Permit.  Installations for which Orders of Conditions do exist will not be permitted unless the design plans for such systems include or are revised to include any Essex Conservation Commission Order of Conditions requirements which effect the design or specifications of the septic system.
 
 
 

600.3.8 Manufacturer’s Certification of Conformance to Installation Requirements:

  The design drawings for any innovative/alternative treatment device installation shall be reviewed and approved by the device manufacturer (if proprietary) and shall contain the following statement, signed by a representative of the manufacturer:

  This drawing has been reviewed for conformance with the installation requirements for the (name of device) proposed and the design has been found to meet the installation requirements for said (name of device).
 

  Name, Title, Date

SECTION 700
  LEACH FACILITY CONSTRUCTION

 700.1 GENERAL

 700.1.1 Description

   This section describes the installation requirements for leach facility construction.

 700.2 MATERIALS

 700.2.1 Pipes and Valves

   See SECTION 400 SEWER PIPE AND VALVES.

 700.2.2 Aggregate

   Aggregate used in soil absorption systems shall be double washed stone with a diameter ranging in size from 1/8” to ½” (for peastone) and ¾” to 1 ½” (for leach stone) and shall comply with 310 CMR 15.247.  All aggregate shall either be certified as mechanically cleaned (as defined below) or shall be certified to meet the following size requirements:

Size, inch or sieve Percent Passing

Leach Stone 2.0 inch  100%
 ¾ inch   <50%
 200 sieve  <0.5%

Peastone ¾ inch   100%
      ½ inch   <50%
      200 sieve  <0.5%

Mechanically cleaned shall be defined as a separate material handling process designed specifically to wash fine material off of aggregate.  The washing process shall include full emersion of the aggregate in water, mechanical or hydraulic agitation, and sufficient water backwash velocity to remove soil particles less than 100 sieve size.

Certifications from the supplier that the aggregate meets the size requirements or that the aggregate is mechanically cleaned shall be available to the Board of Health with the first delivery of aggregate to the site.  The Board of Health may require that the aggregate be tested to determine if it meets the size requirements.

The Board of Health may require the removal and replacement of any aggregate that does not meet the size requirements.

Aggregate shall be protected from the introduction of fines at all times.  Stockpiled aggregate shall be stored so as to avoid the possible introduction of fines.  The Board of Health may require that stockpiled material be analyzed to determine if the aggregate meets the size requirements.  If the stockpiled aggregate does not meet the size requirements, the aggregate shall not be installed in a disposal system.

 700.2.3 Leaching Devices

   All prefabricated leaching devices shall be approved by the DEP for use in Massachusetts.  Such devices shall include leaching galleries, ammeration chambers, Infiltrators, Cultech and any DEP approved manufactured system for the subsurface application or distribution of wastewater.

 700.3 EXECUTION

 700.3.1 Clearing, Grubbing and Topsoil Removal

   Construction equipment shall be selected and operated so as to protect any operating disposal systems.

   All stumps, brush, shrubs, and other vegetation shall be cut flush to the ground.  Stumps shall be removed.  Cleared material shall be disposed of properly.

 700.3.2 Leach Facility Construction

   A. Stakeout

   Stakes and offsets for control of elevation and location of the disposal system and its structures shall be set prior to construction and maintained until a Certificate of Compliance has been issued by the Board of Health.

   B. Soil Moisture

   Mechanical excavation of a leaching facility when soil moisture is high results in smeared soils (particularly in Class II, III or IV soils) with reduced capacity to absorb wastewater.  Conditions, therefore, are most favorable for leach facility construction during the drier times of the year (June to October).  Leaching facilities constructed in Class II, III, or IV soils during the wet season (October through May) or during wet periods during the remainder of the year, shall have infiltrative surfaces prepared by hand.  Soil in the effective absorption area on the sides of excavations shall be removed by digging fork.  Soil in the effective absorption area on the bottom of the leaching facility shall be removed manually by shovel.  The work shall progress from the far end of the leaching facility to the near end.  The infiltrative surface shall not be walked on or driven on by any equipment.
 

   C. Construction Equipment

   Construction equipment shall be selected in order to avoid compaction of the subsoil beneath the leaching facility and to protect existing facilities during the construction.

   Whenever possible, construction equipment shall not be allowed within the disposal facility boundaries in order to prevent compaction of the naturally occurring pervious soil beneath the disposal system.  If it is not possible to construct a leaching facility without having equipment within the boundaries of the leaching system, the Installer shall, prior to construction, obtain permission from the Health Agent to construct the system using equipment within the leaching facility boundaries and shall construct the facility according to the following:

    (1) Excavation shall be accomplished by starting at the furthest end of the disposal area and working backwards towards the staging area so that at no time will construction equipment travel over the exposed soils of the leaching facility (the infiltrative surface).

    (2) Smeared or compacted soils in the effective absorption area shall be removed by hand using digging forks and/or shovels.  Walking on the infiltrative surface and driving over the surface shall not be allowed.

    (3) Sand fill and/or gravel shall be installed from the staging area to the furthest end of the disposal system so that the construction equipment travels over the installed sand and/or gravel above the bottom of the leaching facility.  Only tracked vehicles shall be allowed to place sand, gravel, and soil within the boundaries of the leaching facility.  The tracks on the vehicles shall be kept free of mud and soils during the filling operation.  A ramp of sand or gravel shall be used for the tracked vehicle between the disposal system and the sand or gravel stockpile or truck.

   D.  Frozen Conditions

    No frozen soils, sand, or gravel shall be used for construction or backfill.

   E.  Cover

    Soil cover over disposal systems shall be graded to direct surface water away from the system.  Disposal systems shall be backfilled with between 9 and 36 inches of cover material and the finished grade, including system side slopes, shall be sufficiently stabilized with loam and seed, hay (temporarily if grass cannot be grown), or mulch to prevent soil erosion.

   F.  Trenches

    Trenches shall conform to 310 CMR 15.251.

   G. Beds

    Leaching beds or fields shall conform to 310 CMR 15.252.

   H. Pits, Galleries, or Chambers

    Pits, galleries, and chambers shall meet 310 CMR 15.253.

   I. Distribution Lines

    Effluent distribution line shall have ends capped or connected together by solid pipe of the same materials specifications.

    Distribution lines connecting the distribution box or pump chamber to the soil absorption system distribution lines shall be solid with watertight connections and joints.

   J.  Geotextile Material as An Alternative to "Choke" Stone

    A porous geotextile material may be placed over a leaching system under the following conditions:

    (1) Two (2) inches of double washed leach stone is installed above the distribution pipes in place of peastone.

(2) The geotextile material is permeable to water.

(3) The leach facility is vented in accordance with 310 CMR 15.241.
 

 SECTION 800
 RECIRCULATING SAND FILTERS

(NOTE:  Section 800 is offered as a guidance document only and its content will not be a required element of design plan reviews.  Designers will however be expected to adhere to 310 CMR 15.000 and the DEP Guidance for Recirculating Sand Filters.  All other sections of the Essex On-site Systems Design Standards are required elements).

800.1 GENERAL

800.1.1 Description

  This section includes suggested guidance for the design and construction of recirculating sand filters for residential service only and for less than 10,000 gpd.

800.2 MATERIALS

800.2.1 General Requirements

  Piping shall conform to the requirements of SECTION 400 SEWER PIPE AND VALVES.  Distribution piping shall be pressure pipe and drain pipe shall be gravity pipe.

  Filter sand shall consist of washed sand with an effective size of 2 mm to 5 mm and a uniformity coefficient of less than 3.5.  The sand shall conform to the following sieve analysis:

    Size or Gradation   Percent Passing by Weight

     1/2"    100%
     No. 4    95%   minimum
     No. 10    10%   maximum
     No. 200     0.5% maximum

  At least one gradation analysis for each filter should be performed by a geotechnical laboratory and the results submitted to the Board of Health.  The sand sample shall be taken directly from the sand filter after placement.  Should the filter fail to meet the specification, the sand shall be removed and replaced with a suitable sand.  Sand samples shall be collected in accordance with ASTM D75 and analyzed in accordance with ASTM D422.

  The underdrain and distribution layer material shall be 1/8" to 1/2" double washed crushed stone or gravel suitable for leach facilities and in conformance with 310 CMR 15.247.

  Geotextile material shall be non-woven pervious fabric of polyester, nylon, or polypropylene and shall have an equivalent opening size no finer than U.S. Standard Sieve No. 100.  The fabric shall have a tensile strength of 120 lbs. (minimum), a puncture strength of 80 lbs. (minimum), a burst strength of 270 psi (minimum), and an air flow rate of 226 cfm per sf (minimum).

  Hardwood chips shall be free from clay, stone, or any plant parts or foreign substances.

  The liner shall be 40 mil PVC, hypalon, polyethylene or other synthetic membrane approved by the Board of Health.  Liners that are exposed to sunlight shall be resistant to UV light damage.  Seams and pipe penetrations shall be made in accordance with he manufacturer's recommendations and shall be water tight.

  Above ground recirculating sand filter structures shall be free standing and without outside braces.  The walls shall be constructed of precast concrete, poured in place concrete, or pressure treated timbers.  Precast concrete shall conform to the requirements of SECTION 100 SEPTIC TANKS.  Poured in place concrete shall be reinforced and designed to contain filter media with a design weight of 120 lbs per cubic foot.  Timbers shall be pressure treated and be 6 inch by 6 inch minimum, fastened with spikes and lag bolts.

800.3 EXECUTION

800.3.1 RSF Location

  Recirculating sand filters shall be located to maintain the same off-set distances as are required for septic tanks per CMR 15.  Sand filters shall be installed in-ground, if practicable.  If the filter cannot be installed in-ground without dewatering and/or rock removal, the filter may be installed partially above ground extending no more than 30 inches above grade.

  The surface underneath the sand filter shall be smooth and free of all rocks, stones, sticks, roots, sharp objects, or debris of any kind.  The surface shall provide a firm, unyielding foundation for the membrane with no sudden, sharp, or abrupt changes or breaks in grade.

800.3.2 RSF Dose Chambers

  Recirculating sand filter dose chambers shall meet the following design requirements:

a. The minimum volume of water in the chamber at all times shall be equal to the daily design flow volume, at a minimum.

b. The working volume between the pump-on and pump-off float shall be sufficient for a 10-minute pump run time.  Calculations estimating the pump run time per pump cycle shall be shown on the drawing including the return flow from the filter.

c. The dose volume shall be sized such that the filter is dosed at least six (6) times per day based on the design flow.

800.3.3  RSF  Dose Pump

  Dosing pumps shall be sized to pump the return flow in addition to the design flow.  The pump shall be sized to pump at a flowrate and pressure which ensures that the back pressure at each discharge orifice is at least 2 ft (water).

800.3.4  RSF Recirculation Ratio

  The filter shall be designed for a recirculation ratio of at least 25:1.  The recirculation ratio is defined as follows:

  Recirculation Ratio = (Total Flow Pumped in One Day) - (Design Flow)
       (Design Flow)

  (All flows are expressed as gallons per day.)

800.3.5  RSF Filter Loading

  The filter shall be sized based on loading the filter at a rate not exceeding 3 gallons per day per square foot based on the design flowrate as calculated in accordance with CMR 15.

800.3.6  RSF Filter Cross Section

  The filter shall be constructed with a gravel underdrain layer, a filter sand layer, a distribution layer, and a cover layer of hardwood chips.  The layers shall each be the following thicknesses, at a minimum.

1. Underdrain   10 inch minimum
2. Filter sand   30 inch minimum
3. Distribution    10 inch minimum
4. Hardwood chips   6  inch minimum

  A geotextile fabric shall separate the distribution layer from the hardwood chip layer.
 
 

800.3.7  RSF Liner

  The liner shall be securely fastened to the wall of the above ground structures or terminated in an anchor trench constructed in accordance with the manufacturer's recommendations for below-ground structures.  Pipe penetrations through the liner shall be made watertight by use of liner boots manufactured and installed per the liner manufacturer's instructions.  All hardware shall be stainless steel or other corrosion proof material acceptable to the Board of Health, including bands to secure boots onto pipes.

  Wherever sheets of liner material are joined, and where the sheets are cut and overlapped to shape the liner to the excavation, the seams shall be constructed and sealed water tight in accordance with the recommendations of the liner manufacturer.  The liner shall be overlapped a minimum of four (4) inches prior to seaming.  Extreme care shall be taken by the installer in the preparation of the areas to be seamed.  The area to be seamed shall be clean and dry.

  No "fish mouths" shall be allowed within the seam area.  Where "fish mouths" occur, the material shall be cut, overlapped and seamed.

800.3.8  RSF Liner Seams

  Seams may be constructed using double faced hyperstick tape as a bonding agent where the procedure is described in detail and included in the specifications or on the plans.

  Filter components may be installed after the liner system installation.  All aggregate materials shall be hauled, stored, and installed in a manner to prohibit damage to the liner and its seams.

800.3.9  RSF Distribution Piping

  Effluent distribution piping shall be PVC with orifices drilled into the pipe for distribution.  The orifices shall be sized and the orifice spacing shall be set in order to affect an even distribution.  The orifices shall be 1/4 inch (minimum) and the spacing 2.5 feet center to center, or less.

  The ends of the pressure distribution pipe in the filter shall be installed with an elbow and made flush to the top of the cover surface and capped.

800.3.10 RSF General

  The pressure line between the dose chamber and the filter shall be installed to drain either to the filter or the dose chamber.  The pipe shall be laid at a slope of at least 1/8 inch to the foot for positive drainage.

  The sand filter shall be equipped with at least one observation port which extends from the top of the cover layer to the upper surface of the sand layer.

  Plans for recirculating sand filters shall include the following:

a. Recirculation Tank Volume
b. Recirculation Ratio
c. Dose Volume
d. Number of Doses per Day
e. Drainback Volume
f. Sand Filter Loading Rate (gpd/sf)
g. Pump Design Flowrate/TDH
h. Expected Pump Run Time at Design Flow
i. Pump Horsepower
j. Pump Manufacturer and Model Number
k. Float Elevations from Tank Bottom

  Plans shall include a plan view and a section view detailing distribution pipe layout, observation port location, gravel layer thickness, sand layer thickness, cover layer thickness, wall construction, liner attachment, pipe penetrations through liner, hydraulic profile, sand specifications, sand supplier, orifice size, and orifice spacing.

 SECTION 900
 BIOCLERE TREATMENT UNITS

900.1  GENERAL

900.1.1  Description

  This section includes the requirements for the design and construction of residential service Bioclere treatment units that have a treatment capacity of less than 10,000 gpd.  These requirements are in addition to the requirements set forth by the Department of Environmental Protection's Certification letters.

900.2  MATERIALS

900.2.1  General Requirements

  Bioclere treatment units shall be in strict conformance with the Massachusetts Department of Environmental Protection Certification For General Use, Provisional Use, or Remedial Use as presented in the Certification letters with the design documents on file with the DEP.

  Piping shall conform to the requirements of SECTION 400 SEWER PIPES AND VALVES unless otherwise allowed by the Board of Health.

  Bioclere treatment units shall consist of an insulated, double-walled fiberglass shell with filter media consisting of randomly packed plastic material.  The unit shall also have a submersible pump for dosing the plastic material.  The unit shall be sized by the manufacturer for the wastewater flow calculated in accordance with 310 CMR 15.

  The double walled fiberglass shell shall consist of an inner wall 4 mm thick (minimum), an outer wall 3 mm thick (minimum), and 1 inch (minimum) of polyurethane foam insulation between the two fiberglass walls.  The fiberglass floor shall be 5 mm thick (minimum) and integral to the unit.  The fiberglass access hatch shall be mounted on top of the shell and shall have a neoprene seal, or equivalent, and be equipped with heavy duty lockable catches.

  The filter media shall consist of randomly packed plastic spheres approximately 1 1/4-inches diameter.  The media shall be manufactured from poly-vinyl chloride (PVC) or light-stabilized polypropylene.

  The dosing pump used to irrigate the media shall be a submersible effluent pump as recommended by the Bioclere manufacturer.  The pump shall be capable of running dry without damage to its components.  Pump body shall be stainless steel with a glass filled thermoplastic impeller and volute and stainless steel shaft with ball bearings.  The pump shall be sized by the Bioclere manufacturer.  The pump shall be equipped with an audible and visual alarm for pump failure.

  The Bioclere shall be equipped with a weather-proof NEMA 4 control panel.  The pump controls shall be located in the NEMA 4 control panel.  The Bioclere unit pumps and fans shall be powered by at least one dedicated electrical circuit with a separate fuse or breaker.  A fuse (or breaker) shall be located in the control panel.  A power shut-off switch shall be located in the control panel.

900.3  EXECUTION

900.3.1  Bioclere Location

  Bioclere treatment units shall be located to maintain the same offset distances as required for septic tanks per 310 CMR 15.  Bioclere units shall be installed in ground to the maximum extent possible consistent with the manufacturer's installation guidelines.

900.3.2  Bioclere Installation Requirements

  Bioclere units and aggregate base shall be installed on a dry, compact subbase.  The aggregate base shall be a six inch layer (minimum) of sand or small gravel.  The aggregate shall be compacted and hand raked to form a true level base.

  The Bioclere shall be installed such that the unit is installed level and the internal baffle and pipe work is secure and correctly positioned.

  Bioclere units shall be installed with anti-flotation devices.  The anti-flotation devices shall be designed with a 1.2 factor of safety.  The groundwater level shall be assumed to be at the seasonal high water table as determined by soils evaluation.  If the seasonal high water table has not been determined by soils evaluation in the immediate area of the Bioclere, the designer shall assume that the groundwater is at the existing ground surface.  The Bioclere unit shall be assumed to be empty in calculating the floatation forces.  Calculations to size the anti-flotation device shall be presented on the same drawing as the Bioclere unit detail.  The calculations shall indicate the seasonal high groundwater level, the assumed groundwater level for the floatation calculation, and the anti-buoyancy force required.  The anti-floatation device shall be detailed on the drawings.

  Inlet and outlet piping shall be installed on a minimum of 6 inches of aggregate bedding from the point of interconnection to the exterior wall of the treatment unit.

  Refill shall be placed around the unit so as to provide uniform support.  Refill shall be compacted to insure firm support around the unit.
 

900.3.3  Venting

  Bioclere units shall be equipped with vents.  Bioclere units shall not be vented through house or building vents.

900.3.4  Manufacturer's Certification of Conformance to Installation Requirements

  The design drawings for the Bioclere installation shall be reviewed and approved by the Bioclere manufacturer and shall contain the following statement, signed by a representative of the Bioclere manufacturer:

  This drawing has been reviewed for conformance with the installation requirements for the Bioclere unit proposed and the design has been found to meet the installation requirements for the Bioclere unit.
 

  Name, Title, Date

900.3.5  The Bioclere system shall be started by a representative of the Bioclere manufacturer. The Bioclere representative shall submit to the Health Agent certification that the system was installed in accordance with manufacturer's requirements or a notice of non-certification within 14 days of start-up.
 

 SECTION 1000
 F.A.S.T. TREATMENT UNITS

1000.1   GENERAL

1000.1.1 Description

  This section includes the requirements for the design and construction of residential service F.A.S.T. treatment units that have a treatment capacity of less than 10,000 gpd.  These requirements are in addition to the requirements set forth by the Department of Environmental Protection's Certification letters.

1000.2   MATERIALS

  F.A.S.T. treatment units shall be in strict conformance with the Massachusetts Department of Environmental Protection Certification For General Use, Provisional Use or Remedial Use as presented in the Certification letters with the design documents on file with the DEP.

  Piping shall conform to the requirements of SECTION 400 SEWER PIPE AND VALVES.  Distribution piping shall be pressure pipe (PVC SCH 40 or 80; SDR 21 or 26) and drain pipe shall be gravity pipe (PVC, ABS, or polyethylene).

  F.A.S.T. treatment units shall consist of a fiberglass treatment insert with media, a settling tank, a blower system, and a leaching facility.  The unit shall be sized by the  manufacturer for the wastewater flow calculated in accordance with 310 CMR 15.  The unit shall be designed to be installed into the proposed settling tank.  The unit shall be equipped with a neoprene seal to form a water-tight seal between the seal and the unit.

  The settling tank shall conform to the requirements of SECTION 100 SEPTIC TANKS except as noted herein.  The settling tank shall be a two compartment tank or two tanks in series.  The first compartment of a two compartment tank shall have a minimum liquid volume of 500 gallons.  The first compartment shall be equipped with inlet and outlet tees that conform to the requirements of SECTION 100 SEPTIC TANKS.  An access way (minimum 20 inch diameter) shall be located over the inlet tee.  If two tanks are used, the first tank shall conform to all requirements of SECTION 100 SEPTIC TANKS and 310 CMR 15 for septic tanks.

  The second compartment of a two compartment tank (or the second tank, if two tanks are used) shall have a liquid volume of at least 1,000 gallons.  The tank shall have a minimum depth of soil cover of 12 inches.  The second compartment or tank shall be equipped with an access port constructed to grade suitable for pumping out accumulated solids in the second compartment.

  Air compressors installed to supply air to the treatment unit shall be muffled so as to reduce the impact of noise.  Air compressors shall be located within 100 feet of the treatment unit.  Air compressors must be accessible for maintenance and inspection.  Air compressors shall be sheltered from the weather and shall be in a lockable enclosure.  Air compressors shall be equipped with alarms (audio or visual) which detect overpressure in the air lines.

  Pipe penetrations through the tank walls shall conform to the requirements of SECTION 400 SEWER PIPE AND VALVES.

1000.3  EXECUTION

1000.3.1 F.A.S.T. System Location

  F.A.S.T. System treatment units shall be located to maintain the same offset distances as required for septic tanks per 310 CMR 15.  F.A.S.T. System units shall be installed in ground to the maximum extent possible consistent with the manufacturer's installation guidelines.  Provisions shall be incorporated into the design, such as shrubbery or bollards, to insure that below grade units are protected from vehicles driving over the unit.

13300.3.3 F.A.S.T. System Installation Requirements

  The F.A.S.T. System shall be installed such that the unit is installed level and the unit pipe work is secure and correctly positioned.  The unit shall be installed in accordance with the manufacturer's directions.

1000.3.3 Venting

  F.A.S.T. System units shall be equipped with vents.  The unit shall not be vented through house or building vents.

1000.3.4 Manufacturer's Certification of Conformance to Installation Requirements

  The design drawings for the F.A.S.T. System installation shall be reviewed and approved by the F.A.S.T. System manufacturer and shall contain the following statement, signed by a representative of the F.A.S.T. System manufacturer:

  This drawing has been reviewed for conformance with the installation requirements for the F.A.S.T. System unit proposed and the design has been found to meet the installation requirements for the F.A.S.T. System unit.
 

  Name, Title, Date
 

1000.3.5 Start-up

  The F.A.S.T. System shall be started by a representative of the F.A.S.T. System manufacturer. The F.A.S.T. System representative shall submit to the Health Agent certification that the system was installed in accordance with the manufacturer's requirements or a notice of non-certification within 14 days of start-up.
 

 SECTION 1100
 EFFLUENT PUMPING SYSTEMS
 

1100.1  GENERAL

1100.1.1 DESCRIPTION

  This section addresses requirements for septic tank effluent pumps for single dwellings. Pumps may be used for individual disposal systems, recirculating sand filters, or other treatment systems.

1100.2  MATERIALS

  Dosing pump installations shall include a submersible sewage effluent pump, level controls, complete control panel, discharge piping and valves, lifting rope, and power/control/alarm wiring.

  Stainless steel nameplates giving the name of the manufacturer, the serial number, model number, horsepower, speed, voltage, amperes and any other pertinent data shall be attached to each motor.  The nameplate ratings of the motor shall not be exceeded.

  The equipment furnished shall be designed and constructed and installed in accordance with the best practice and methods.  The pumps shall operate satisfactorily when installed.

  The impeller shall be manufactured from cast iron, stainless steel, or bronze; be of non-clogging design; and be dynamically balanced.  The pump shall be able to pass 3/4 inch solids.  The pump volute shall be made of cast iron or stainless steel with smooth internal surfaces free of rough spots or flashing.

  Motors shall have integral thermal overload protection and shall be able to sustain ten starts per hour.

  Power cables shall be continuous from the pumps to the junction box and suitable for constant emersion in sewage.  Strain relief shall be provided at each cable entry into the pump and from the junction box.  Cable hangers shall be provided in conjunction with the pump access cover with strain relief on the cable.

  Pump control boxes shall be located as close as possible to the pump dose chamber. There shall be a clear and unobstructed view from the control panel to the pump accessway or lock out – tag out procedures must be adhered to.

  Each septic tank effluent pump shall be installed with a waterproof and lockable control box.  The box shall include back panel mounting provisions, shall be rated NEMA 1, minimum, and shall include the following:

a. Hand-Off-Auto Switch
b. Magnetic Contactor
c. Circuit Breaker
d. "Pump-on" Pilot Light
e. Running Time Meter
f. Flashing Alarm Light
g. Audible Alarm Buzzer
h. Test and Silence Switches
i. Dead Front Interior Shield
j. Event Counter

  To record actual pump run time, the running time meter shall be a minimum of three digits and be wired to the pump power circuit, not the pump control circuit.

  The alarm light for the pump control box shall be a flasher type.  The alarm light shall be located above or mounted on top of the control box.  The light shall be red. If the alarm light is mounted to the box, it shall be mounted utilizing the necessary gaskets to maintain the weatherproof integrity of the box.  The alarm shall be powered by a circuit separate from the pump power circuit and shall be located in the building served.

  Each control box shall include a separate audible alarm buzzer.  The horn shall be mounted to the box insuring that the weatherproofing integrity of the box is maintained.

  The control box shall be provided with a front mounted silence/test switch.  The push button type switch shall have the ability to be pushed once to silence the audible alarm and activate the lighted button, and to be pushed twice to reset the alarm conditions.

  Each control box shall be supplied with a dead front interior shield.  This shield shall be of adequate size to restrict access into the open control box.  However both the running time meter and the Hand-Off-Auto switch should be mounted such that they are accessible and visible.

  The electrical junction boxes used for the installation of the septic tank effluent pumps shall be mounted on the inside wall of the septic tank riser and shall be in accordance with National Electric Code Requirements for Class 1, Division 1, Group D hazardous locations.

  Each box shall have four (4) 1/2-inch holes drilled and tapped to accept pump power cord and float cables.   The box shall be fitted with proper seals for power and control cables.

  Float mast, if provided, shall be Schedule 80 PVC of sufficient length to be installed as indicated on the Plans.

1100.3  EXECUTION

  Effluent Pumps

  Leachfield and sand filter dosing pumps shall be sized to pressurize the distribution system sufficiently to affect an even distribution.  The pumps shall be sized such that a minimum of pressure of two (2) feet water column is maintained in the distribution pipe system.

  All pumps and piping within the chamber shall be corrosion proof.  Corrosion proof check valves, antisiphon valves, manual shutoff valves and unions shall be provided as required by the operating conditions.  Electrical wiring shall meet applicable electrical codes.

  Pump on/off operation shall be automatic.

  The pump(s) shall be tested with the following procedure:

  1. Upon completion of the pump installation, the pump operation shall be checked for automatic operation by manually lifting the float switch or filling the dose chamber with clean water and observing the pump operation.

  2. Pump drawdown rate shall be measured during a set time period.  The volumetric flowrate shall be calculated and compared to design requirements.

  3. The system designer shall determine if the actual flowrate is sufficient to meet design requirements.

  All covers shall be located as required by the pump manufacturer for removal of the pumps using the guide rails and lifting chain, if provided.

  All pipe shall be cut accurately to size and installed without forcing.  Piping shall be installed so that it can expand or contract without damage.  Pipes shall be carefully fitted to the equipment and care shall be used not to force either the pipe or equipment into place.  After the piping has been placed, the equipment shall be checked for level and alignment.

  All interior valves and accessories must be placed for easy operation, inspection and removal.  Unless otherwise called for, valves shall be set normal to the walls or floor.  Whenever valves or other equipment are located in or connected to a pipe line, the connections must be such that the valves or equipment can be removed without disturbing the rest of the piping.

  Supports for the piping shall be provided throughout its length and shall be able to support the pipe lines entirely independent of other equipment.  Pipe support, hangers and brackets shall be of a type and design to carry all loads imposed upon them with an appropriate safety factor.

  Dosing Chambers

  Dosing chambers shall be designed and constructed in accordance with the requirements of SECTION 100 SEPTIC TANKS.

  a. The pump tank installation shall be designed such that floatation will not occur when the tank is empty.

  b. The pump tank shall have sufficient capacity above alarm level to contain a minimum of one day's storage.

  The dosing chamber shall be designed to contain a volume sufficient to dose the entire leachfield.

  The volume of effluent that drains back to the chamber shall be calculated and noted on the Plans.
 
 
 
 

 SECTION 1200
 PRESSURE DISTRIBUTION SYSTEMS

1200.1  GENERAL

1200.1.1 Description

  This section describes the material and installation requirements for pressure distribution systems.

1200.2  MATERIALS

1200.2.1 Piping

  Piping shall be as specified in SECTION 400 SEWER PIPE AND VALVES.

1200.2.2 Aggregate

  Base aggregate for leaching structures shall be provided from below the elevation of the crown of the distribution line(s) to the bottom elevation of the soil absorption system and shall consist of double-washed stone ranging from 3/4 to 1 1/2 inches in diameter and shall be free of iron, fines and dust in place.

  Washed aggregate shall be AASHTO M43 No. 57.

  Washed concrete sand for trench backfill shall be ASTM C-33 natural concrete sand.  The sand shall meet ASTM C-33-90 regarding gradation, organic impurities, deleterious substances and soundness.

1200.3  EXECUTION

  Trenches and pressure laterals and manifolds shall be installed in accordance with SECTION 700 LEACH FACILITY CONSTRUCTION.

1200.3.1 The following hydraulic calculations shall be submitted with the plans in fulfillment of the design criteria for sizing the distribution laterals unless alternate calculations and specifications have been approved by the Department of Environmental Protection as part of an existing Use Approval or a site-specific I/A Approval:

  a. Distal in-line pressure or the residual pressure at the orifice at the end of the lateral shall be designed to be a minimum of 2 feet.

  b. Lateral discharge rate, given by the formula q = 11.79d2hd1/2, where q is the lateral discharge rate, d is the perforation diameter in inches, and hd is the selected distal in-line pressure in feet.  The selected perforation diameter shall be a minimum of 1/4 inch.

  c. Total lateral discharge rate, given by the formula (q x N), where q is the lateral discharge rate and N is the total number of perforations in the lateral.

  d. Residual pressure shall not vary by more than 10% between the closest lateral and the farthest lateral.

  e. Design total dynamic head (TDH) and pump discharge rate.  The design TDH shall account for backpressure and pumping through the manifold.  A Hazen-Williams correction factor of C=120 (smooth PVC pipe) shall be used in calculating friction losses due to the pipe.  The pump discharge rate shall allow for the in-line pressure at the distal end of the pipe to be a minimum of 2 feet.  This is determined by the total lateral discharge rate.

f. Dosing volume shall be determined by dividing the daily design flow by the number of dosing cycles per day (number of dosing cycles shall be determined by soil type).  The dosing volume shall be at least 10 times the volume of water that is drained from the distribution pipe between dosing, but must not exceed the volume required for the dosing cycle.

  Pressure distribution systems shall consist of a central manifold with a number of PVC laterals.  The discharge orifices shall be 1/4 diameter (min.).  The distribution laterals shall be designed in accordance with the DEP guidance for pressure distribution systems.  Orifices shall be installed in a single line either at the pipe invert or at the pipe crown.  The holes shall be drilled by hand and cleaned of all burrs prior to installation.

  All pressure distribution laterals shall be laid level and covered with 2 inches of double washed gravel.

1200.3.2 All pressure distribution systems shall be installed and tested (in the presence of the Health Agent or other Board of Health representative) as follows:

   a. The leach facility shall be excavated and filled with stone to the invert of the distribution pipe.

   b. The distribution pipes shall be laid level and at the specified elevation.

   c. The laterals shall be rotated so that discharge orifices are oriented along the crown of the pipe if the design specifies downward facing orifices.

   d. The distribution pipes should be joined to each other and to the manifold with glue and solvent to permit testing without coming apart.

   e. The pump chamber or compartment shall be filled with clean water to the normal level specified for the pump to start.

   f. The pump will then be started either automatically or manually.  The water shall squirt to the height specified in the design (two feet minimum) above the pipe for the test to be found acceptable.  There shall not be more than a ten percent drop in the height of the discharge from the discharge hole closest to the manifold to the hole farthest away.

   g. Following a successful test the distribution pipes shall be cut and turned down if the design requires downward facing holes. Stone cover, geotextile, and backfill shall be installed in accordance with the plan.

1200.3.3 All distribution piping with less than 3 feet of cover must drain completely between doses.

SECTION 2000
PROCEDURE FOR OBTAINING A VARIANCE

2000.1  Description

This section sets forth the proper procedure to seek a variance from the Essex Board of Health.

2000.2  Procedure

2000.2.1 Provide a letter to the Essex Board of Health formally requesting all variances applied for.  The letter must be submitted at the time of original plan submittal and must demonstrate how the applicant meets the criteria of 310 CMR 15.410.
2000.2.2 Get verbal verification from the Wastewater Management Sanitarian (978-768-7614), that the plan is ready for a Board meeting (i.e. the provisions to be varied are the only aspects of the plan not consistent with Title 5 and/or local regulations).
 2000.2.3 Contact the Administrative Clerk (978-768-7614), to ascertain the next feasible Board of Health meeting date.
2000.2.4 Ensure that abutters are notified by certified mail at least 10 days prior to the agreed upon meeting date in keeping with the following items:
2000.2.4.1 Abutters to be notified include all direct abutters (i.e. all lots in any way touching the applicant’s lot) and abutters across any street(s) bordering the applicant’s lot (arrived at by extending the applicant’s lot lines across the street(s) and including any lots which are all or in part within that zone).
2000.2.4.2 Abutter notices must take the form detailed in 310 CMR 15.411(1)(b).
2000.2.4.3 The certified mail return receipt cards (“green cards”) shall list the applicant’s name c/o Essex Board of Health, 30 Martin Street, Essex, Massachusetts, 01929 as the return address (i.e. “green cards” will come directly to the Board of Health).
2000.2.5 Failure to properly complete any portion of this procedure may result in a postponement of the variance meeting date.

SECTION 2100
PROCEDURE TO REQUEST WAIVER OF SOIL TESTING

2100.1  Description

This section sets forth the reporting requirements which must be met in order for a property owner to install a temporary holding tank without performing soil testing.

2100.2 Procedure

2100.2.1 The property owner of record must complete a “Request for Waiver of Soil Testing Requirements” form (attached).
2100.2.2 An agent of the Board of Health must visit the site and complete a “Soil Evaluation Waiver Form” (attached).
2100.2.3 Based on the actions outlined above the Board of Health must conclude that the property in question does not have any feasible way to support an on-site waste disposal system.
2100.2.4 Property owners who cannot meet the requirements listed in 2100.2.1-3, at the  discretion of the Board of Health, may be allowed to install temporary holding tanks if credible evidence is offered which demonstrates that the cost of installing an on-site waste disposal system is beyond reasonable expectations.

SECTION 2200
PROCEDURE TO VOLUNTARILY FAIL & UPGRADE A SEPTIC SYSTEM

2200.1  Description

This section sets forth the procedure which must be completed in order for a property owner to fail their septic system without performing a Title 5 septic system inspection.

 2200.2  Procedure

2200.2.1 The property owner of record must complete an “Agreement to Upgrade a Septic System” form (attached).
2200.2.2 An agent of the Board of Health must visit the site to ensure that the system does not pose an imminent health or environmental hazard.
2200.2.3 Based on the actions outlined above the Board of Health must issue an enforcement order for the upgrade of the septic system.
2200.2.4 The deadline for the upgrade shall be up to two years from the date that the form was signed or any applicable date pursuant to the Essex Final Judgment, whichever is sooner.
2200.2.5 If the site visit referenced above or any other official record or complaint documents that the septic system in question poses an imminent health or environmental threat the Board of Health shall issue an enforcement order to abate the hazard within 30 days.
 
 
 

SECTION 2300
REPORTING REQUIREMENTS FOR SEPTAGE HAULERS

2300.1 Description

This section sets forth the reporting requirements for all septic system pumping performed in Essex.

2300.2 Requirements

2300.2.1 All Town of Essex licensed septage haulers must report every pumpout performed in Essex to the Board of Health on a form approved by the Board of Health.
2300.2.2 Pumpout forms for a given month must be submitted to the Board of Health office within twenty working days of the end of that month.
2300.2.3 Failure to report any pumpout performed in Essex may be grounds for a hearing before the Board of Health and/or a vote by the Board of Health to revoke a septage hauler’s license.
 

SECTION 2400
CHECKLIST FOR REVIEW OF SEPTIC SYSTEM DESIGN PLANS

2400.1  Description

The Board of Health staff will use the attached checklist(s) to review septic system design plans as they are submitted.  New checklists may be developed and existing checklists may be revised as changes in Title 5 and local design standards occur.  All checklists will be circulated to all persons on the Essex design standards mailing list as they are added or modified.

SECTION 2500
CERTIFICATES OF COMPLIANCE

2500.1   Description

This section sets forth the requirements for obtaining a certificate of compliance.

2500.2  Requirements

2500.2.2 It shall be the responsibility of the property owner to obtain a certificate of compliance for any new septic system or septic system upgrade within 90 days of completion of the septic system or by deadlines set forth by the Essex Final Judgment or the Essex Seven Year Inspection Program, whichever is sooner.  Completion shall be defined as the date of the final field inspection by Board of Health staff and shall be determined solely by the Board of Health and/or its agent(s).

2500.2.3 Certificates of compliance shall not be issued until the Board of Health and/or its agent(s) have determined that no outstanding issues exist with the septic system installation.  Issues which must be resolved include but are not limited to the following:

a. All fees must have been paid.
b. Installation have been completed including all piping, stone, fill, tankage, and backfilling. Final construction and grading of new contours must have been completed and the finished grade must be smooth and continuous.
c. All field inspections must have been completed by an agent of the Board of Health.
d. All pump and alarm systems must have been tested to the satisfaction of an agent of the Board of Health.
e. Any retaining wall must have been personally inspected by the Professional Engineer whose stamp and signature appeared on the original approved design plan.
f. A qualifying sieve analysis report for any leach sand (or any stone as required by SECTION 700 LEACH FACILITY CONSTRUCTION) used in the system must have been submitted to the Board of Health.  Any sieve report must include a statement that the material it represents (whether sand or stone) is the material delivered to the particular job site and the statement must be signed by the supplier of the material.
g. Where required, a qualifying vacuum test must have been conducted and the results submitted to or recorded by an agent of the Board of Health.
h. In every case an as-built plan which conforms to the standards outlined in SECTION 600 DESIGN and AS-BUILT PLANS must be submitted.
i. All required contracts for system maintenance, monitoring, pumping, and financial security must have been submitted and must be legally in force. Maintenance contracts for any innovative/alternative treatment device which discharges to a pressure dosed leach facility shall include a cursory inspection for proper dosing pump operation during each maintenance visit.
j. All conditions of local and/or State variances or any of the DEP use approvals for innovative/alternative technologies must have been determined by an agent of the Board of Health to be met.
k. The septic system designer and the septic system installer shall both sign the certificate of compliance after items a-j above have been satisfied but prior to signature of the certificate by an agent of the Board of Health.

2500.2.4 The original copy of the certificate of compliance shall only be issued to the property owner of record for the property which the system is constructed on, or to the owner’s legal power of attorney, or to the owner’s authorized agent when the owner identifies said agent in a signed letter to the Board of Health.

2500.2.5 New structures shall not be occupied and the septic system(s) serving them shall not be used until the certificate of compliance for said septic system(s) is issued to the property owner.

SECTION 2600
SEPTIC SYSTEM INSTALLATION WEATHER CONDITION MORATORIUM

2600.1  Description

This section authorizes the Essex Board of Health to declare a septic system installation moratorium when weather conditions are inappropriate for proper installation of septic systems.

2600.2  Requirements

2600.2.1 The Essex Board of Health, through its agent(s), shall have the authority to declare a septic system installation weather condition moratorium if weather conditions (i.e. snow, ice, rain, sub-freezing temperatures, or other weather conditions) warrant.  A weather condition moratorium, when declared, shall not apply to the installation of temporary tight tanks, septic tanks, pump chambers, or emergency repairs as defined in 310 CMR 15.353.

2600.2.2 During a weather condition moratorium the Board of Health will not issue any disposal works construction permits except for those items excluded above.  Septic system installations already permitted and underway at the time of the declaration of the weather condition moratorium, at the discretion of the Board and/or its agent(s), may also be required to cease.
 
 

Attested by: _____________________________________________
          Sally Soucy, Town Clerk

February XXX, 1999