1. AUTHORITY

The Board of Health of the City of Gloucester, Massachusetts, acting under the authority of Chapter 111 Section 31 of the Massachusetts General Laws, hereby adopts the following regulations governing the operation and conduct of tattoo and body piercing establishments.
 

2.         PURPOSE AND SCOPE

The City of Gloucester with the intent to protect the health, safety and welfare of the public is promulgating rules and regulations which provide minimum requirements to be met by any person performing tattooing or body piercing upon any individual and for any establishment where tattooing or body piercing is performed. Tattooing and body piercing are collectively referred to as Body Art. These rules and regulations are necessary to establish sanitary conditions and procedures which are designed to protect the public from the transmission of bloodborne pathogens.
 

3.          DEFINITIONS

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

Bloodborne Pathogens Standards means OSHA Regulations 29 CFR 1910.1030.

Board of Health or Board means the Gloucester Board of Health or its authorized representatives, such as its staff, the Gloucester Health Department.

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

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

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

Body piercing means puncturing or penetration of the skin of a person with pre sterilized single-use needles and the insertion of pre sterilized jewelry or other adornment thereto in the
opening. This definition includes piercing of the outer perimeter of the ear, but does not include piercing of the earlobe with pre sterilized single-use stud-and-clasp ear-piercing systems.

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

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

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

Cosmetic tattooing see “Tattooing”

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

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

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

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

Equipment means all machinery, including fixtures, containers, vessels, tools, gloves, 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 ll0°-130°F.
 

Instruments used for Body Art means hand pieces, needles, needle bars, and other instruments that may come in contact with a client’s body or may be exposed to bodily fluids during body art procedures.
Invasive means entry into the client’s body either by incision or insertion of any instruments into or through the skin or mucosa, or by any other means intended to puncture, break, or otherwise compromise the skin or mucosa.

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

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

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

Permit means approval in writing by the Board either (1) to operate a body art establishment or (2) to operate as a body art practitioner within a body art establishment.

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 registered 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.

Sanitization Procedure means a process of reducing the numbers of microorganisms on cleaned surfaces and equipment to a safe level as judged by public health standards.

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

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

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

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

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

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

Sterilize means the use of a physical or chemical procedure to destroy 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.

Universal Precautions means a set of guidelines and controls, published by the Centers for Disease Control and Prevention (CDC), as “Guidelines for Prevention of Transmission of Human Immunodeficiency Virus and Hepatitis B Virus to Health-Care and Public-Safety Workers” in Morbidity and Mortality Weekly Report (MMWR), June 23, 1989, Vol. 38 No. S-6, and as “Recommendations for Preventing Transmission of Human Immunodeficiency Virus and Hepatitis B Virus to Patients During Exposure-Prone Invasive Procedures” in MMWR, July 12, 1991, Vol. 40, No. RR-8. 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 product.
 

4. GENERAL RULES AND REGULATIONS

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

(B) All establishments shall prominently display a disclosure statement approved by the Board which advises the public of the risks and possible consequences of body art procedures.
 

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

(D) Each body art practitioner must be a minimum of 18 years of age and shall not perform body art while under the influence of any substance which may impair their judgment or ability.

(E) It shall be unlawful for an operator/practitioner to pierce or tattoo any person under the influence of alcohol or drugs.

(F) No practitioner shall perform any body art procedure upon a client under the age of 18 years without the presence, consent, and proper identification of a parent, legal custodial parent, or legal guardian. Nothing in this section is intended to require a practitioner to perform any body art procedure on a person under 18 years of age regardless of parental or guardian consent.

(G) Infections and adverse reactions of any kind shall be reported to the Gloucester Board of Health within twenty-four (24) hours. The client shall be referred to a physician for an examination.

(H) All body art establishments shall (as a pre-employment requirement) offer free hepatitis B vaccination series to their employees, as required by OSHA regulations. Proof shall be provided upon request of the Board that all practitioners have either completed or were offered and declined, in writing, the hepatitis B vaccination series.

(I) Smoking, eating, or drinking is prohibited in the area where body art is performed.

(J) 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 may be allowed in waiting rooms and non procedural areas.

K) No practitioner shall perform any body art procedure upon a pregnant woman.
(L) No practitioner shall perform any tattooing procedure above the neck.
(M) No practitioner shall perform any body piercing procedure to the tongue or eye lid.
(N) The practitioner shall require from the client one form of identification which must be an acceptable photo ID such as a driver’s license, passport, or other form issued by the Commonwealth. A copy shall be kept on file for one year.
(O) Only a physician licensed in accordance with M.G.L. c.112 § 2 shall be allowed to tattoo any person under the age of eighteen (18) and said physican must have  the presence, consent and proper identification of a parent, legal custodian parent, or legal guardian.
 
 

5. PERMITS
(A) Establishment Permit

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

(2) The establishment permit shall be an annual permit with a fee of $100.00. This permit shall expire on December 31st of that year unless revoked sooner by the Board.

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

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

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

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

(B) Body Piercing and/or Tattoo Practitioner Permits

(1) No person shall practice body piercing or tattoo procedures without first obtaining a practitioner’s permit from the Board.

(2) Tattooing and Body Piercing shall be considered separate practices and each procedure shall require individual licenses.

(3) The practitioner permit shall be an annual permit with a fee of $60.00. This permit shall expire on December 31st of that year unless revoked sooner by the Board.

(C) Application for a practitioner permit shall include:

(1) name;
(2) date of birth;
(3) gender;
(4) residence address;
(5) mailing address;
(6) phone number;
(7) place(s) of employment as a practitioner;
 
 

(8) evidence of a negative Tuberculosis test;
(a) every two (2) years thereafter upon renewal.
(9) training and/or experience;
(10) proof that the applicant has met all the minimal training requirement listed in Section
7 of these regulations.

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

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

6.       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 ear lobe or the upper leading edge of the ear with a pre sterilized single-use stud-and-clasp ear-piercing system are exempt. However the practitioner
must be able to demonstrate that all equipment, supplies or jewelry that come into contact with
the client’s ear are sterile, and that the practitioner’s hands that come into contact with equipment, jewelry or the client’s skin surface are clean and single-use disposable medical examination type gloves are used.
 

7. PROHIBITIONS

(A) Braiding, scarring, tongue splitting and 3-D body art shall be considered medical procedures and no body art practitioner or any other person (with the exception of a physician as defined in these regulations) shall perform these procedures within the City of Gloucester.

(B) Temporary or mobile body art establishments shall not be allowed to operate within the City of Gloucester.
 

8. MINIMAL TRAINING

(A) Body art practitioners must show evidence that they have completed the following training programs (or equivalent), given or approved by the Board.

(1) Basic training in First Aid and CPR, as well as recertification classes.
 
 

(2) Prevention of Disease Transmission and Blood-borne Pathogens.
(a) Examples of courses approved by the Board include courses such as “Preventing Disease Transmission” (American Red Cross) and “Bloodbome Pathogen Training” (U.S. OSHA).

(3) For issuance of a Body Piercing Practitioner license, a basic Anatomy and
  Physiology course as taught by a College or Community College.

(4)  For issuance of a Tattoo Practitioner license, a basic skin anatomy course as
  offered by a skilled professional approved by the Gloucester Board of Health.

(5) Evidence of at least one (1) year of apprenticeship under the supervision of a trained and experienced body art professional, or proof of licensure in another Massachusetts community

(B) Employees must be trained in the use of a steam autoclave and adhere to the manufacturer’s recommended procedures for the operation of the sterilization unit.
 

9. RECORDS AND REPORTS

(A) Establishment Records

(1) The following information shall be kept on file on the premises of a body art
establishment and be available for inspection by the Board:

(a) employee information
(1) full names and exact duties;
(2) date of birth;
(3) gender;
(4) home address;
(5) home /work phone numbers;
(6) identification photos of all body art practitioners;
(7) establishment information;
(8) establishment name;
(a) hours of operation;
(b) owner’s name and address;
(9) proof of required training and apprenticeship.

(b) A complete description of all body art procedures performed.

(c) An inventory of all instruments and body jewelry, all sharps, and all inks used for any and all body art procedures, including names of manufacturers and serial or lot numbers, if applicable. Invoices or orders shall satisfy this requirement.
 

(d) A copy of these regulations.

(e) Proof of agreement with a sharps and biohazard disposal company showing maximum 30 day interval between pickups.

(B) Client Records

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

(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, latex, or oilier 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.

If there is a history of any of these conditions, the client shall be advised by the practitioner to first consult with their private physician.

(2) The practitioner shall have the client sign a Release Form confirming that the above information was obtained. The client should be asked to disclose any other information
that would aid the practitioner in evaluating the client’s suitability for body art procedures.

(3) Each operator shall keep records of all body art procedures administered, including date, identification and location of the body art procedure(s) performed, ink type, jewelry used, and practitioner’s name. All client records shall be confidential, kept locked and secured and be retained for a minimum of three (3) years. These records shall be made available to the Board upon notification for the purpose of complaint investigations, license renewal or other reasons the Board may deem reasonable.

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

(C) Injury Reports

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

(a) the name, address and telephone number of the effected client;
(b) the name and location of the body art establishment involved;
(c) the nature of the injury, infection, complication, disease or other adverse
reaction;
(d) the name and address of the affected client’s health care provider, if any; (e) any other information considered relevant to the situation.

(D) Records Retention

(1) The body art establishment shall keep a record of all persons who have had body art procedures performed. The record shall include the name, date of birth, and address of the client, the date of the procedure, the name of the practitioner who performed the procedure(s), type and location of procedure performed including ink type and jewelry used, and signature of client, and, if the client is a minor, proof of parental or guardian presence and consent. Such records shall be confidential, kept locked and secured and be retained for a minimum of three (3) years. These records shall be made available to the Board upon notification for the purpose of complaint investigations, license renewal or other reasons the Board may deem reasonable.
 

10. FACILITIES AND EQUIPMENT

(A) Facilities

(1) All walls, floors, ceilings, and procedure surfaces within the body art establishment shall be smooth, non-pourous, 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) All body art establishments shall be completely separated by solid partitions or by walls extending from floor to ceiling, from any 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) Effective measures shall be taken by the body art operator to protect against entrance into the establishment and against the breeding or presence on the premises of insects, vermin, and rodents. Insects, vermin, and rodents shall not be present in any part of the establishment, its appurtenances, or appertaining premises.

(4) There shall be a minimum of 45 square feet of floor space for each practitioner in the establishment. 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 dividers, curtains, or partitions, 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 equipped with a wrist sensor,foot operated controls or other device which will not allow recontamination of practioner’s hands and supplied with liquid soap, and disposable paper towels shall be readily accessible within the body art establishment. One hand sink shall serve no more than three practitioners.

(7) There shall be a minimum of one lavatory, excluding any service sinks, and one working toilet in a body art establishment or as required in the Commonwealth of Massachusetts Fuel Gas and Plumbing Code.

(8) At least one covered waste receptacle shall be provided in each operator area and each toilet room. Receptacles in the operator area shall be emptied daily, and solid waste shall be removed from the premises at least weekly. All refuse containers shall be lidded,
cleanable, and kept clean.

(9) At least one stationary sharps container shall be provided at each practitioner site. All sharps containers shall be lidded.

(B) Equipment

(1) All instruments and supplies shall be stored in clean, dry, and covered containers.

(2) Jewelry used in body art procedures shall be made of only the following materials:

(a) Surgical-implant-grade stainless steel; solid 14K or 18K white or yellow gold; niobium; titanium or platinum.

(b) All jewelry shall be free of nicks, scratches or irregular surfaces and shall be properly sterilized prior to use.

(3) Reusable cloth items shall be mechanically washed with hot water, sanitized and dried after each use. The cloth items shall be stored in a dry, clean environment until used.

(4) Any cloth, soiled with body fluids, shall be sanitized in a chlorine solution before being washed. This process shall be performed by soaking the cloth in a 200 ppm solution (one tablespoon of chlorine/gallon of water) for one (1) minute. All solutions shall be tested by using litmus paper strips for testing chlorine sanitizers.
 

 (5) Every chair or bed used in each body art procedure shall be wiped down and sanitized   after completion of work on each client and before commencing work at the start of a   new day.
 

11. OPERATION PROCEDURES

(A) Before any act of body art, verbal and written instructions for the aftercare of the body art procedure site shall be provided to each client by the operator/practitioner.

(1) The written instructions shall advise the client:

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

(b) statement referring to an anticipated time for healing.

(2) address, and phone number of the establishment.

(3) These documents shall be signed and dated by both parties, with a copy given to the client and the operator retaining the original with all other required records.

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

(C) Practitioners who use ear-piercing systems must conform to the manufacturers directions for use and applicable U.S. Food and Drug Administration requirements.

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

(E) Before a body art procedure is performed, the immediate skin area and the areas of skin surrounding where the body art procedure is to be placed shall be washed with soap and water or an approved surgical skin preparation. If shaving is necessary, single-use disposable razors shall be used and discarded in closed sharps containers after each 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.

(F) All equipment and packages containing sterile equipment to be used during the body art procedure shall be set up and opened in front of the client.

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

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

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

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

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

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

12. SANITATION AND STERILIZATION PROCEDURES

(A) All non-single-use, non-disposable instruments used for body art shall be cleaned thoroughly after each use by scrubbing with an appropriate soap or disinfectant solution and hot water, a solution of household chlorine bleach as recommended by the CDC or by following the manufacturer’s instructions to remove blood and tissue residue, and shall be placed in an
ultrasonic unit operated in accordance with manufacturer’s instructions.
 

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

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

(D) Sterile equipment may not be used if the package has been breached or after the expiration
date without first repackaging and resterilizing. Sterilizers shall be located away from workstations or areas frequented by the public. If the body art establishment uses only single-use, disposable instruments and products, and uses sterile supplies, an autoclave shall not be required.

(E) Each holder of a permit to operate a body art establishment shall demonstrate that the sterilizer used is capable of attaining sterilization by twice 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 sterilizer’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 Department upon request.

(F) All reusable needles used in body art procedures shall be cleaned and sterilized prior to use and stored in peel-packs. 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.

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

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

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

13. REQUIREMENTS FOR SINGLE USE ITEMS

(A) Single-use items shall not be used on more than one client for any reason. After use, all single-use sharps shall be immediately disposed of in approved sharps containers and in accordance with 105 CMR 480.00.

(B) All products applied to the skin, including body art stencils, shall be single use and disposable.

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

14. STORAGE AND DISPOSAL OF WASTE

(A) Contaminated waste as defined in this code that may release liquid blood or other body fluids when compressed or may release dried blood or body fluids when handled must be placed in an approved “red” bag marked with the International Biohazard Symbol. It must then be disposed in accordance with 105 CMR 480.00: Storage and Disposal of Infectious or Physically Dangerous Medical or Biological Waste, State Sanitary Code, Chapter VIII, or, at a minimum, in compliance with 29 CFR Part 19 10.1030, “Occupational Exposure to Blood-borne Pathogens”.

(B) Storage of contaminated waste on site shall not exceed 30 days.

(C) Used sharps ready for disposal shall be discarded in approved sharps containers.

(D) Contaminated waste that does not release liquid blood or body fluids when compressed or does not release dried blood or body fluids when handled may be placed in a covered receptacle and disposed of through normal, approved disposal methods.
 

15. COMPLAINTS

(A) The Board shall notify the practioner/operator prior to investigating any 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.

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

16. GROUNDS FOR DENIAL OF PERMIT

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

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

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

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

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

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

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

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

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

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

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

(B) Applicants denied a permit may reapply ninety (90) days after denial.
 

17. GROUNDS FOR SUSPENSION OF PERMIT

The Board or it’s staff may summarily suspend a permit pending a hearing on the merits of 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. A hearing by the Board regarding the suspension shall be granted within fourteen (14) days of the written notice.
 

18. GROUNDS FOR REVOCATION OF PERMIT OR REFUSAL TO RENEW

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

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

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

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

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

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

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

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

(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, and,

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

19. PROCEDURES FOR HEARING

(A) Suspension of a Permit.

(1) Upon written request to the Board of Health, the establishment or practitioner shall be afforded an opportunity to be heard concerning the suspension of the permit by the Board.

(2) Such a hearing shall be initiated no later than fourteen (14) calendar days after the effective date of the suspension.

(B) Denial, Revocation, or Refusal to Renew a permit.

(1) 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.

(a) The written notice shall be served in the following manner:
(1) personally, by any person authorized to serve civil process, or
(2) by any person authorized to serve civil process by leaving a copy of the order at his last and usual place of abode, or
(3) by sending a copy of the notice by registered or certified mail, return receipt requested, if within the Commonwealth, or
(4) if the last and usual place of abode is unknown or outside the Commonwealth, by posting a copy of the order in a conspicuous place on or about the premises and by advertising it for at least three out of five consecutive days in one or more newspapers of general circulation within the municipality wherein the denial, revocation or refusal is situated.

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.

(2) A permit may be denied, revoked or refused renewal only after a hearing conducted by the Board;

(3) 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.
 

20. UNAUTHORIZED PRACTICE OF BODY ART

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

Gloucester Board of Health
Building Demolition Regulations
 

Pursuant to the authority of Massachusetts General Laws Chapter 111, section 31, the Gloucester Board of Health hereby adopts the following Building Demolition regulations.  It is the intent of these regulations to eliminate any undue risk to neighboring properties and the people of Gloucester which may arise from a building being demolished.

Prior to issuance of a building permit to demolish a structure, the following activities must be completed:

1. The property and structure must be inspected, and if necessary, baited for rodents and insects.  Applicant must submit a written report indicating the absence of rodents or insects, or a treatment report documenting the treatment protocol which is being followed.  This report must be from a Massachusetts licensed Pest Control Operator and must contain his/her license number.  The applicant shall be held responsible for abatement measures should the demolition cause infestation to immediate abutters.

2. The property must be inspected for asbestos, and if necessary, asbestos containing material must be properly managed.  Applicant must submit a written report indicating the absence of asbestos or documenting the removal activities which occurred.  This report must be from a Massachusetts licensed asbestos inspector.

3. The property must be inspected for underground storage tanks regulated by 527 CMR 9 and managed accordingly.

4. Arrangements must be made prior to demolition to have water or another misting agent in use on the site.  If municipal water is to be used, a backflow preventer shall be used.

5. The property must have all septic systems managed in accordance with 310 CMR 15 (Title 5) and any sanitary sewer connections capped upon completion of demolition.

6. Any equipment (excluding portable room air conditioners) containing refrigerant classified under Title 6 of the United States Clean Air Act must be recovered by a certified technician and a copy of a written report provided which demonstrates that all refrigerant has been removed to U.S. Environmental Protection Agency standards.
 
 

Adopted:  June 1, 2000
 
 
 
 
 
 

1. AUTHORITY

The Board of Health of the City of Gloucester, Massachusetts, acting under the authority of Chapter 111 Section 31 of Massachusetts General Laws,  hereby adopts the following regulations governing the operation and conduct of dredge
material disposal.
 

2. PURPOSE AND SCOPE

The City of Gloucester with the intent to protect the health, safety and welfare of the public is promulgating rules and regulations which provide minimum requirements to be met by any person or company which proposes to dispose of dredge material in the harbor. These  rules and regulations are necessary to establish sanitary conditions and procedures which are designed to protect the public from any contaminants which may be present in dredge materials from Gloucester waters.
 

3.  REQUIREMENTS

Option 1: The use of confined aquatic disposal cells for the disposal of dredge                         material in Gloucester waters shall be prohibited

Option 2: The use of confined aquatic disposal cells for the disposal of dredge    material in Gloucester waters shall be reviewed by the Board of    Health on a case-by-case basis.
 
 
 
 
 
 

                                Draft:   July 18, 2001
 
 
 
 

THE USE AND LICENSING OF TRASH DUMPSTERS

Whereas the Board of Health is empowered to make reasonable rules and regulations as specified in Chapter 111, Section 31B;

Whereas the local Board of Health adopted regulations effective May 1, 1987 for the Regulation and Licensing of Dumpsters;

Whereas a recent dumpster fire, the recent closing of the municipal landfill and other incidents have shown the need for amendments to those regulations; therefore

The Gloucester Board of Health finds that it is necessary to adopt the following reasonable regulations:

1.  DEFINITIONS

A.  Dumpster shall mean any container, receptacle, compactor unit, trailer, roll-off, or other similar unit with or without wheels that is used for the temporary storage, containment, or transport of refuse, garbage, demolition debris, or other discarded materials.  It shall not apply to the ordinary household trash can of a volume less than 50 gallons, to plastic bags storing these materials in compliance with the regulations of the City of Gloucester, or to trash compactor trucks operated by a company duly licensed by the local Board of Health.

B.  User shall mean any individual, partnership, corporation, association, or other legal entity that contracts or requests for the installation, maintenance, or servicing of a dumpster.

C.  Company shall mean any individual, partnership, corporation, association or other legal entity that contracts with or responds to requests from users by providing for the installation, maintenance, or servicing of a dumpster.

D.  Person shall mean any individual, partnership, corporation, association or other legal entity.

2.  LICENSING OF DUMPSTER COMPANIES

A.  No company may install, maintain or empty a dumpster within the City of Gloucester until it has been granted a license by the Board of Health.

B.  An application and fee as set by the Board of Health shall be filed and approved by the Board of Health prior to the granting of the license.

C.  The company license shall be valid for one year unless revoked or suspended and is renewable annually. D.  The company servicing dumpsters shall provide the Board of Health with a list of all their dumpster service locations within the city limits at the time of application.  This list shall be amended annually by the company for dumpsters either added or removed from service within the city limits.

3.  REGISTRATION OF DUMPSTER SERVICE LOCATIONS

A.  Each dumpster service location shall be registered with the local Board of Health.

B.  No user shall have a dumpster on the premises for longer than seven (7) days unless a registration for that specific dumpster has been issued by the Board of Health.

C.  No company shall install or maintain a dumpster at a service location for longer than seven (7) days until an application for service location registration and fee as set by the Board of Health has been filed by the user and approved by the Board of Health.

D.  The service location registration shall be valid for one year unless revoked or suspended and is due for renewal annually.

4.  DUMPSTER USE FOR ALL DUMPSTERS USED WITHIN THE CITY LIMITS

A.  All dumpsters shall display a clearly visible decal or stencil showing the company that owns and maintains it.

B.  All dumpsters shall be kept closed, clean, painted, water tight, and in good condition.

C.  All dumpsters shall have sufficient pick-ups so as to prevent overflowing or nuisance conditions such as odors or animal problems.

D.  The user shall maintain the area surrounding a dumpster in a clean and litter-free condition.

E.  All dumpsters shall be of such design and placement so as to prevent "tip-overs".

F.  No dumpster, temporary or long-term, shall be placed closer than fifteen (15) feet to a building unless approved by the Fire Chief or his designee.

G.  No dumpster shall be placed in such a way so as to block a public way or sidewalk unless granted approval by the Director of Public Works or his designee.
 H.  The local Board of Health or the Fire Department may order a lock for the dumpster or a locking enclosure in order to gain compliance with this regulation.

5.  PERMIT SUSPENSION OR REVOCATION

A.  The Board of Health may revoke or suspend the license of the company or the registration of a service location for failure to comply with the above regulations after providing opportunity for a hearing.

B.  The Board of Health or Fire Department, at any time, may order the removal or the cessation of use of a dumpster if an imminent health or safety hazard is found to exist.

6.  PENALTIES

A.  Any person who violates any provision of these regulations shall, upon conviction, be fined not more than fifty ($50) dollars for each violation.

B.  Any person who fails to comply with an order issued pursuant to the provisions of these regulations shall, upon conviction, be fined no more than fifty ($50) dollars for each violation.  Each days failure to comply with an order shall constitute a separate offense.

7.  SEVERABILITY

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

This regulation was unanimously adopted by a vote of the Gloucester Board of Health after a public hearing on July 25, 1988 and is effective after publishing once in a newspaper published in the city.
 
 
 
 
 

ADOPTED:  7/25/88
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

ESTABLISHMENT OF SPECIAL ACCOUNT AND
REVIEW FEE ASSESSMENT
 

Pursuant to the authority of Massachusetts General Law 111, Section 31, and as provided by Chapter 593 of the Acts of 1989, Massachusetts General Laws Chapter 44, Section 31, the Gloucester Board of Health adopts the following regulation for the establishment of a special account and for the assessment of fees for the review of applications.

1.  PURPOSE AND APPLICABILITY

These regulations are intended to protect the public health and the environment by enabling effective review of any application submitted to the Board of Health pursuant to the requirements of the Subdivision Control Law, the State Environment Code, the State Sanitary Code, or any other state or municipal statute, bylaw or regulation, as they may be amended or enacted from time to time.

This regulation shall be applicable when, in the opinion of the Board of Health, it is necessary to engage the services of engineering, hydrogeologic, analytical, or other consultant, for plan review, site evaluation, or other appropriate need, in order to provide the Board with information necessary for the Board to make an informed decision on the issue under consideration.

2.  ASSESSMENT OF FEES

At the time of application or request to the Board, the applicant shall pay a reasonable filing fee as may be set from time to time by the Board. Failure of an applicant to pay a filing fee shall be grounds for denial of the application.
 

In addition to the filing fee, the Board shall require the applicant to pay reasonable costs for expenses for specific expert engineering and/or consultant services deemed necessary by the Board for review of applications.  Said review fee can be required at any point in the deliberations prior to a final decision being rendered.  Said services may include, but are not necessarily restricted to general engineering analysis, hydrogeologic and drainage analysis, environmental impact studies, and legal advice including public health and environmental land use law. Failure of an applicant to pay a review fee shall be grounds for denial of the application.
 
 
 
 
 
 

3.  ESTABLISHMENT OF A SPECIAL ACCOUNT

Funds received by the Board pursuant to this regulation shall be deposited to the City Treasurer, who shall establish a special account for this purpose. Expenditure from this special account may be made at the direction of the Board of Health without further appropriation as provided in Massachusetts General Laws Chapter 44, Section 53G.  Expenditures from this special account shall be made only in connection with the review of a specific project or projects for which a review fee has been or will be collected from the applicant.

4.  ADMINISTRATION

1.  The Board of  Health shall select a consultant whose expertise is appropriate for the review.

2.  The Board shall give written notice to the applicant of the selection of an outside consultant, which notice shall state the identity and qualifications of the consultant and the amount of the fee to be charged to the applicant.
 

3.  The applicant shall, within fourteen (14)  days from the Board of Health notification letter, forward payment to the City of Gloucester the full amount of the review fee, or may file, within fourteen (14) days from the date of the Board of Health notification letter, proper notification of an administrative appeal of the Board of Health decision, with the City Clerk's Office.

4.  At the completion of the project, any excess amount in the account attributable to a specific project, including any accrued interest, shall be repaid to the applicant or to the successor-in-interest. A financial report of said account shall be available to the applicant or to the successor-in-interest.  For the purposes of this regulation, any person or entity claiming to be an applicant's successor-in-interest shall provide the Board of Health with the written documentation establishing such succession-in-interest.

5.  APPEAL PROCESS

1.  The applicant may appeal, to the City Council, the selection of the outside consultant only on the grounds that:
     a.  the consultant has a conflict of interest, or
     b.  the consultant does not possess the minimum required qualifications.
 The minimum qualifications shall consist either of an educational degree in or related to that field at issue or three or more years of practice in the field at issue or a related field.
 

2.   Such an appeal must be made in writing and received by the City Council, and a copy received by the Board of  Health, so as to be received within fourteen (14) days of the notice of the selection of the consultant.
 

3.  If the City Council has not acted upon the appeal application, within thirty (30) days of the receipt of the appeal application, then the Board's decision on the choice of the consultant will stand.
 

4.  Should the City Council reject the Board of Health's choice of consultant, the City Council cannot choose an alternative consultant.  The Board of Health retains the right to choose the consultant.
 

5.  Any time limits for the initial application (e.g. preliminary subdivision plan) shall be extended by the appeal process.
 
 

ADOPTED: 12/6/90
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

REGULATION TO CONTROL THE TRANSPORTATION
OF FISH, FISH OFFAL, GARBAGE, ETC.,
OR OTHER OFFENSIVE SUBSTANCES.
 

The following Rule & Regulation governing the transportation of fish, fish offal, garbage or other offensive substances on the streets and highways of the City of Gloucester were adopted at a regular meeting of the Gloucester Board of Health held on April 21, 1983.  Authority of this Regulation-Chapter III, Sec. 31 of the General Laws of the Commonwealth of Massachusetts. This Regulation supersedes Regulation #1 adopted by the Board of Health on August 8, 1944;

No person shall transport fish, fish offal, garbage or other offensive substances through the streets and highways of the City of Gloucester, unless the vehicle (truck, semi-trailer, packer, truck trailer combination) has been inspected and licensed by the Board of Health.

Vehicles used for the above purposes shall be leakproof with watertight bodies and tailgates.  On some vehicles, it may become necessary to install holding tanks (not less than 30 gallons capacity),  complete with steel gutters, drain lines, and discharge valves.  Vehicles shall not be overloaded, or loaded beyond the top of the sidewalls and tail gate.

All open trucks and trailers shall be equipped with tight fitting covers to prevent spillage.

Vehicles used in the transportation and removal of fish, fish offal, garbage or other offensive substances shall have displayed (painted or decal)  the Board of Health License number, each letter and number shall not be less than two (2) inches in height and width.
 

A fee of ten ($10.00) dollars for each vehicle so licensed shall be paid to the Board of Health annually.

Failure to abide by the provisions of this regulation may be punishable by a levy of a $200.00 fine for each violation.

Each day of violation may be considered a new violation.
 
 
 
 
 

 ADOPTED:     4/21/83
 
 
 

FLOOD HAZARD ZONES
 

Please be advised that the Gloucester Board of Health, at their regularly scheduled meeting on January 6, 1986, adopted the following regulation pertaining to Flood Hazard zones:
 

HEALTH REGULATION PERTAINING TO THE FLOOD HAZARD ZONES

The Board of health, in reviewing all proposed water and sewer facilities to be located in the flood hazard zones established under the Local Ordinance Pertaining to General Wetlands, shall require that:

1. The repair, replacement, or construction of water supply                    facilities within the flood hazard zones shall be designed to               prevent infiltration of flood waters into the water supply system,        and

2.  The repair, replacement, or construction of sanitary sewage into       the flood hazard zones shall be designed to prevent infiltration
      of  floodwaters into the system and discharges from the system       into the floodwaters.
 
 
 
 

ADOPTED:     1/6/86
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

LAUNDRIES AND LAUDROMATS
 

The Board of Health, at it’s regular meeting, held on June 28,1979, unanimously voted to establish rules and regulations for Laundries and Laundromats located in the City of Gloucester.
 
 

The following requirements shall be met by both types of establishments:

A. That all laundries and laundromats located in the City of Gloucester shall be licensed annually by the Board of Health.  Annual fee $50.00.

B. That heater and/or boilers generating hot water for washing machines shall be able to obtain a temperature of 180o F and maintain the same.  (Laundries only).
 

C. That linens and clothing from hospitals and nursing homes be washed at a temperature not less than 170o F. (Laundries only).

D. That linens and clothing from hospitals and nursing homes be washed entirely separate from linens and clothing from the general public.  (Laundries only).

E. That linens and clothing from the general public shall not be washed in cold water.  Water temperature shall be at least 145o F unless otherwise indicated by a label attached to the garment.  (Laundries only).
 

F. That washing machines and dryers shall be kept clean and in good operating order.

G. That laundries and laundromats shall be kept clean and in good sanitary condition; this includes all storage areas.

H. That lint from dryers shall not be allowed to accumulate on machines, furnishings and floor areas.

I. That flooring in the vicinity of washing machines and dryers be covered with an impervious material such as tile, concrete, etc.

J. That laundries using caustic or other chemical materials (powder) shall keep them in plastic bags within a metal container.
 
 
 

K. That a “CAUTION” sign be posted in the working area concerning handling of caustic and acid materials and that rubber gloves, safety goggles and masks be made available to employees. (Laundries only).
 

L. That all plumbing in laundries and laundromats meet the requirements of the Massachusetts State Plumbing Code.

M. That all electrical facilities, wiring, switch boxes, junction boxes, etc., meet the requirements of the Massachusetts Electrical Code.

N. That sewer discharge lines be kept clean, free of all grease, lint, and other substances that would cause blockages and backup.

O. That Board of Health inspectors shall from time to time during working hours, inspect laundries and laundromats.
 
 
 
 
 

ADOPTED:     6/28/79
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

LEAD POISONING PREVENTION AND CONTROL
 

The City of Gloucester Board of Health, at a regular meeting held on May 28, 1981 and under the authority of Chapter 111, Section 31, and § 190-199 of the General Laws of Massachusetts, unanimously voted the following Rule and Regulation to be known as Regulation for Lead Poisoning Prevention and Control in the City of Gloucester, Massachusetts:

1. No owner, contractor, laborer or other person shall remove paint from the exterior of any building or other structure, whether public or private, without first obtaining a permit from the Board of Health approving said work, said permit to set forth, at a minimum, the location of the proceed work, the limits of the area from which paint is to be removed, the method of removal and any conditions or restrictions upon the manner of performing the work which the Board of Health or its agent determines necessary to protect health and safety.  No permit shall be withheld unless, in the judgment of the Board of Health or its agent, the proposed work cannot be performed safely under available conditions or safeguards.

2.   Upon receipt of an application for a lead paint removal permit as provided by this regulation, and prior to the approval of said permit, the Board of Health or its agent shall cause the paint in question to be tested for lead paint levels.

3.   A permit issued pursuant to this regulation shall be valid only for the location and area of exterior paint set forth therein and said permit shall require the removal of exterior surface paint by one or more of the following methods:

 (a)    scraping with the aid of non-toxic, non-flammable solvents
          or heat where surface finishing is performed by sanding;

 (b)    sanding, sand-blasting (wet or dry) or wire brushing; or

 (c)    burning off paint, subject to all applicable laws and regula-
          tions, including without limitation the State Fire Code.
 
 
 
 
 
 
 

 4.  In the event the Board of Health inspectors determine that the paint to be removed from the building or structure contains dangerous concentrations of lead, the permit shall require the user of the following precautions:

 (a)    in the case of sand-blasting or sanding method, the area
          of work shall be enclosed and sealed in such manner as
          not to allow dust or particles to be emitted to the atmos-
          Phere, and workmen using this method shall be protected
          by an approved type respirator and protective clothing;

 (b)    in all cases, all lead paint waste (dust and chips) shall be
          cleaned up and placed in suitable containers at the close
          of each work day; dropcloths or other approved means to
          catch lead paint chips, particles, and dust should be              utilized and this material shall be held for final disposition.
 
 
 
 
 

ADOPTED: 5/28/81
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

MASSAGE RULES
CITY OF GLOUCESTER, MASSACHUSETTS
 

The following rules and regulations governing the practice of massage and the conduct of establishments for the giving of massage, vapor, pool, shower or other baths were adopted at a meeting of the Gloucester Board of Health held on Monday, June 16, 1980 under the authority of section 31 of Chapter III and Sections 51 and 53 of Chapter 140 of the General Laws of the Commonwealth of Massachusetts.
 

1.  LICENSE REQUIRED AND FEE

No person shall practice massage or conduct an establishment for the giving of massage or vapor, pool, shower or other baths for hire or reward or advertise or hold herself/himself out as being engaged in the business of massage or the giving of said baths in the City of Gloucester without receiving a license therefor from the Board of Health.  The license fee for each establishment shall be sixty ($60.00) dollars and for each masseur or messuese it shall be ten ($10.00) dollars.  A license issued to an establishment, masseur or masseuse is not transferable.
 

2.  DEFINITIONS

For the purpose of these regulations:

A.  Massage shall mean manipulation or conditioning of part or parts of the body by manual, mechanical, or other means as a beauty treatment for purported health or medical treatment, or for the purposes of invigorations.

B.  Establishment for giving massage, vapor, pool, or shower or other baths shall mean the office, place of business or premises where massage is practiced or where therapeutic or conditioning baths of water, vapor or other substances are given.

C. Approved shall mean approved by the Board of Health of the City of Gloucester in accordance with accepted standards.

D.   Approved course of massage shall mean a course on the art and science of massage, which included both theory and practice, is approved by the Board of Health of the City of Gloucester in accordance with accepted standards.

E.  Masseurs shall mean a male who practices massage; masseuse shall mean a female who practices massage.
EXCEPTIONS AND EXCLUSIONS

For the purpose of these regulations:

A. Persons exempted; Physicians, nurses, physical therapists, school athletic trainers, or chiropodists (podiatrists) registered in the Commonwealth are excluded.  A person registered as a barber or an apprentice under the provisions of section 87H or section 871 of Chapter 112 of the General Laws or as a hairdresser, operator, or a student under the provisions of section 87T to 87 J J, inclusive of said Chapter 112 of the General Laws may practice facial and scalp massage without taking a license.

B. Other persons exempted; A person licensed to practice massage or conduct an establishment in any other city or town in the Commonwealth may on written orders of a physician, attend patients specified by the physician in Gloucester.  He shall, if requested, submit to the Board of Health, copies of his licenses from another community and the physician’s orders.

C. Establishment exemptions: Hospitals, nursing and convalescent homes and other similar licensed institutions where massage and baths may be given are excluded from the definition of an establishment.  Also, any facility conducting the services of a hospital, nursing, convalescent home or other similar institutions as determined by the Board of Health but due to some limiting factor is not subject to licensing, shall be similarly excluded from the definition of an establishment.
 

3.  EXPIRATION DATE LICENSE

Licenses shall automatically expire on March 31st of each year.  Applications for renewal must be submitted at least thirty (30) days prior to expiration date.
 

4. REQUIREMENTS FOR PERSONAL LICENSURE

No person shall be licensed to practice massage or conduct an establishment for giving massages, vapor, pool, shower or other baths unless they (male or female) meet the following requirements:

A.  Be twenty-one (21) years of age or older.

B.  Be of good moral and ethical character.

 C.  Submit to the Board of Health a completed application form
       containing all information requested from said form.
D. Be a High School graduate.

E.  Have completed an approved course of massage or have had at least eight (8) years experience in an approved massage establishment or have been previously licensed to practice massage in the City of Gloucester.

F.  Have had a physical examination, including serological examination and evidence that they are free of active tuberculosis within forty-five (45) days prior to application for licensing or relicensing.
 

5.  REQUIREMENTS FOR LICENSING OF AN ESTABLISHEMENT

Every establishment for the giving of massage, vapor, pool, shower or other baths shall meet the following standards:

A. It shall be connected to the public sewerage system.

B. It shall be well lighted, well ventilated and properly heated when seasonally indicated.

C. No room used by the licensee in the conduct of his business shall be used as a bedroom.

D. There shall be an adequate supply of hot and cold running water at all times.

E.   There shall be an approved toilet and washing facilities within the
       premises  readily available to the patrons and affording sufficient
       privacy.

F.    Where patrons of both sexes are accommodated, adequate
        arrangements shall be made for the separation of rooms, toilets
        and washing facilities used by each sex.

G.     All of the rooms of the establishment and furniture and equipment
         therein  shall be kept clean at all times.
 
 

H.     The door of each room or enclosure used for massage purposes
         shall have an unobstructed window large enough to permit visual
         observation of the entire room or enclosure form outside such room
         or enclosure.
 I.       The door of each room or enclosure used for massage services
         shall have least one artificial light of not less than (40) watts.

J.      There shall be installed a heat and smoke detecting system
         approved by the chief of the Fire Department of the City of
         Gloucester.

K.    There shall be adequate facilities for the cleaning and sterilizing
                     of all equipment.

L.      All rooms used for reception and treatment of patrons shall be
         arranged so as to afford adequate fire protection and shall have
         satisfactory means of egress in case of fire as approved by the
         Gloucester Building Inspector and Gloucester Fire Chief.

M.      All equipment, instruments, devices, robes, sheets, blankets,
          pillowcase wearing apparel, towels, or other materials, which
          may come in direct contact with the body, shall be properly
          cleaned and sterilized.

N.     No food or alcoholic beverages shall be permitted on the premises.
 

7.  DRESS CODE

All individuals who are engaged in the practice of massage shall be properly clothed within the bounds of decency and propriety.  Abbreviated or revealing attire of any kind is prohibited.  The male massagers shall wear all white slacks and all white shirts and the female massagers shall wear an all white dress or all white slacks while engaged in the treatment of the patron.  An all white surgical gown or smock may be substituted.  Said clothing shall at least cover the massager’s pubic area, perineum, buttocks, natal cleft and entire chest to four inches below the collarbone and legs not exposed more than six inches above the knees.  The massager’s clothing shall be kept clean at all times and soiled clothing shall not be worn during the treatment of a patron.  The massager’s clothing shall be opaque.
 
 
 

8.  DIRECT APPLICATION OF INSTRUMENTS TO SKIN PROHIBITED

No instrument or device designed or used for direct application to the skin shall be applied directly to the skin unless sterilized; the part of the body being treated shall be covered with a clean towel or else the instrument shall be covered in a similar manner.

9.  TREATMENT OF PERSONS WITH SKIN DISEASE PROHIBITED

No person licensed shall treat any person afflicted with any skin eruption or other disease unless such person shall have furnished a written certificate from a physician to the effect that the eruption or disease is not  of a contagious or transmissible character.
 

10.  TREATMENT OF WOUNDS PROHIBITED

No sponge stick, alum or other article liable to convey infection shall be used to make application directly to the skin or any cut or wound.
 

11.  CLEANING OF HANDS

Every person licensed to practice massage shall thoroughly cleanse his hands by washing with soap and hot water immediately before servicing a patron.
 

12.  WORKING HOURS

No establishment for the practice of massage or baths as defined herein shall be kept open between the hours of 11:00 p.m. and 9:00 a.m., unless specifically authorized by the Board of Health in writing.
 

13.  DISPLAY OF LICENSE

Every licensed establishment must display in a conspicuous location the licenses of all the licensees operating in the establishment.
 

14.  DESIGNATION OF NAME

No licensed person shall operate under any name or conduct his business under any designation not specified in his license.
 

15.  USE OF X-RAY PROHIBITED

No licensee may operate an x-ray, fluoroscope or similar equipment or radioactive material for any purpose unless already licensed by the Commonwealth of Massachusetts to practice a profession requiring the use of  radiation equipment.  No licensed establishment may contain a x-ray, fluoroscope, or similar equipment unless the equipment is operated by persons properly licensed to practice a profession requiring the use of such equipment.
 

16.  RESTRICTION ON FORM OF MASSAGE OR BATH

An establishment may be limited in the  form of massage or type of bath given at the discretion of the Board of Health;

A. No male masseur shall practice massager on a female patron or give or assist in giving any type of baths OT patrons of the opposite sex.

B. No female masseurs shall practice massage on male patrons or give or assist in giving any type of baths to the opposite sex.
 

17.  INSPECTIONS

Every licensee shall permit the Board of Health or it’s Agent or  other City authorities acting in an official capacity to inspect his place of business and his work at any reasonable time.
 

18.  CHANGE OF ADDRESS

Every licensee shall notify the Board of Health prior to any change of address, home or business, or name.  Any new license or amendment to an existing license required because of the foregoing may be issued without charge at the discretion of the Board of Health.
 

19.  HEARING IN CASE OF SUSPENSION OR REVOCATION OF LICENSE

A person whose license  has been suspended or revoked within ten (10) days of the suspension or revocation of his license, may request in writing a hearing upon the cause or causes of such suspension or revocation.  The Board of Health may set a time and place for said hearing.
 

20.  PENALTIES

Whoever violates any provision of these rules shall be punished by a crime of not more than on hundred ($100.00) dollars or imprisonment for not more than six (6) months or both in accordance with section 53, Chapter 140 of the General Laws.

21.  INVALIDATION

If any section, paragraph, sentence, clause or phrase of these rules and regulations shall be decided invalid for any reason whatsoever, such decision shall not affect the remaining positions of these regulations which shall remain in full force and effect and to this end the provisions of these regulations are hereby declared severable.

The regulation was adopted by unanimous vote of the Board of Health of the City of Gloucester at its regular meeting held on Monday, June 16, 1980 to be effective July 17, 1980.

 ADOPTED:     6/16/80

ONSITE WASTEWATER REGULATIONS

AUTHORITY AND PURPOSE

The Board of Health of the City of Gloucester, Massachusetts, acting under the authority of the General Laws of the State of Massachusetts, Chapter 111, section 31, has made and adopted the following regulations in the interest of and for the preservation of the public health, in addition to all Laws of the Commonwealth of Massachusetts and City of Gloucester relating to Public Health.

It is the intention of these regulations to supplement Title 5 of the State Environmental Code, 310 CMR 15.00.  These septic regulations are intended to amend or repeal certain Board of Health regulations adopted prior to revisions of Title 5; to re-organize previous regulations; and to adopt new regulations.  These regulations were adopted after public hearings demonstrated that 310 CMR 15.000 et. seq. was not sufficient to protect the public health in Gloucester. These regulations were adopted by majority vote at a public hearing on August 3, 2000 and become effective immediately upon adoption.

The Gloucester Board of Health adopted these regulations because the unique conditions in Gloucester require a more stringent standard than found in Title 5 (310 CMR 15.000).  These conditions include shallow depth to bedrock, rapidly percolating soils, high ground water tables, extensive fresh water and salt water wetlands, fractured bedrock, many old septic systems which fail inspection criteria in Title 5, shellfish resources and private drinking water wells.
 

1.  DISPOSAL SYSTEM INSTALLER'S PERMIT

1.1   Application for initial certification shall include three letters of reference, copies of licenses from other Massachusetts communities, copies of vehicle registration, copies of heavy equipment operators license, and proof of possession of at least $100,000 of general liability insurance.  Initial certification for a license to install or repair any individual sewage disposal system or component of said system will require a 70% score on a written and field examination, prepared by the Gloucester Board of Health, which assesses the ability to read plans, know the sections of regulations which pertain to septic system construction, and to use field survey equipment.

1.2. A Disposal Systems Installer's Permit shall rest with an individual, not with a company.

1.3   The licensed installer shall be on-site for all scheduled construction inspections and shall maintain the construction permit and a copy of the approved plan on site at all times.
 2.  DESIGN REQUIREMENTS

2.1   The restrictive distances listed in Table 1 shall be regarded as minimum distances.  The septic system design shall clearly indicate which restrictive distances or other criteria in Title 5 and the Gloucester Septic Regulations are not met by the proposed septic system.

2.2 One set of plans, at a minimum, shall bear an original stamp and signature of the septic system designer and be submitted to this office with other copies of plans which may bear a reproduced stamp and signature.

2.3   An individual subsurface sewage treatment/disposal/holding system and all its component parts, including any required fill shall be on the same lot as the facility which it serves, unless: the design is for a shared septic system as provided for in Title 5, or a permanently recorded easement has been provided to allow access for operation and maintenance in an area 10' beyond the septic system.

2.4 Septic system plans which propose use of a holding tank shall require approval of the Board of Health at a public hearing.

2.5   Upgrades within the Critical Buffer Zone of the Wastewater Management Plan shall be reviewed using the same standards as new construction.

2.6   For septic system upgrades as defined in Title 5, review by the Septic Review Subcommittee of the Board of Health will occur and no public hearing will be required unless requested by the Subcommittee due to a unique situation or is required by other regulations.    If no public hearing is required for reasons specified in Title 5 or in these regulations, an application which incorporates a DEP-approved treatment device will be automatically approved.
The applicant may appeal the decision of the Septic Review Subcommittee to the Board of Health by requesting variances from these regulations.

2.7 The Septic Review Subcommittee shall consist of at least two Board of Health members appointed by the Chair.

2.8 The fee for septic system plan review shall be paid upon initial submission and for every second revision thereafter.

2.9 Prior to scheduling of soil evaluation for the site, approval must be obtained from the Conservation Commission.

2.10 Applications using a treatment device shall include a copy of the approval document issued by the Massachusetts Department of Environmental Protection.
 

 3. SEPTIC SYSTEM CONSTRUCTION

3.1 No Disposal System Construction Permit shall be issued until all necessary documentation has been submitted, including any needed maintenance agreements, easements, deed restrictions, or approvals from the Department of Environmental Protection.

3.2 Inspections by the Health Department must occur to demonstrate proper construction of the septic system.  The components to be inspected vary depending on the site and type of septic system to be installed and will be provided to the installer at the time of issuance of a Disposal System Construction Permit.  These will include, at a minimum: watertightness of tanks; removal of soil in disposal area; location and elevation of disposal area; and testing and operation of treatment device, floats and alarms (if present).

3.3 The licensed Disposal Systems Installer shall provide at least one working day notice to the Gloucester Health Department for a requested inspection date.
 

4.  POST CONSTRUCTION REQUIREMENTS

4.1 The septic system designer shall submit required as-built plans and a signed Certificate of Compliance within 30 days of completion of the final inspection by the Board of Health.  If more than two (2) as-built plans or Certificates of Compliance are outstanding, a thirty day notice will be sent indicating that no further septic system designs will be accepted for review until all outstanding as-built plans and/or Certificates of Compliance have been submitted.

4.2 The septic system installer shall complete final grading or other construction and submit the required signed Certificate of Compliance within 30 days of completion of the final inspection by the Board of Health.  If more than two (2) Certificates of Compliance are outstanding, a thirty day notice will be sent indicating no further Disposal Systems Construction Permits will be issued until all outstanding Certificates of Compliance have been submitted.
 

5. MAINTENANCE REQUIREMENTS

5.1 Those persons performing maintenance and monitoring for advanced treatment septic system technologies as provided in Title 5 shall be licensed by the Board of Health.
 5.2 All septic systems utilizing pressure distribution of the effluent must be maintained for the life of the septic system.  A valid contract with a minimum length of two years must be on file at the Gloucester Board of Health and must be renewed at least sixty (60) days prior to expiration.  Maintenance shall be performed by a Class 2 Wastewater Treatment Plant Operator or a licensed Disposal Systems Installer.

5.3 All septic systems shall have a Function Check performed at a minimum of once every 3.5 years unless standards in Title 5 are more strict (such as for shared septic systems).  A Function Check shall be performed each time a septic system is pumped.  The Board of Health shall have the right to require pumping or completion of a Function Check more often if necessary to protect public health or the environment.

5.4 Function checks shall consist of: pumping of the unit if a cesspool; pumping of the septic tank if sludge and scum levels exceed the levels in Title 5; an inspection for the presence and soundness of sanitary tees, baffles or effluent filters; determination of the sewage level in the tank or cesspool; determination of the structural integrity of the tank or cesspool; and surface reconnaissance for breakout or ponding.

5.5 Licensed septic haulers must utilize a Function Check form each time a pumpout or Function Check is performed.  Submission must be made within 30 days of commencement of pumping or Function Check unless the presence of ponding or breakout is observed in which instance the form must be submitted within 48 hours of commencement of work.
 

6. STANDARDS FOR CLEAN-UP OF EXISTING SEPTIC SYSTEMS
  (CITY OF GLOUCESTER WASTEWATER MANAGEMENT PLAN)

6.1 Administration of the Wastewater Management Plan

6.1.1 In selected areas of the City, the Board of Health will work to actively seek those on-site septic disposal systems that are failing to protect public health, safety, and/or the environment and to have those systems upgraded.  These selected areas or “Priority Drainage Areas” (PDA’s) include those drainage areas known to be associated with septic system related water pollution (Appendix A).  It is the intent of the Board of Health to perform these investigations proactively so as to remove pollution sources causing threats to public health, safety, and/or the environment.

6.1.2 To ensure that the public is adequately informed about these regulations, the Board of Health shall communicate with the public about its activities through mailings, neighborhood meetings, and/or local media.

6.1.3  The provisions of these regulations shall not limit the authority of the Board of Health or its agents to require inspection of on-site systems as it deems necessary.
 6.2 Inspections

6.2.1 In order to determine whether an on-site system located in a Priority Drainage Area (PDA) is in compliance with the standards of these regulations, a two-tiered, iterative process will be utilized.  Inspections will first be required for those on-site systems located within 50 feet or less from the edge of a wetland, waterway, or storm drain. (This 50 foot area will hereafter be referred to as the “Critical Buffer Zone” or CBZ.  On-site systems located within the CBZ will hereafter be referred to as “In the Critical Buffer Zone” or ICBZ.)  If pollution in a PDA is not abated to the standards listed in Section 6.2.1c, inspections will be required for on-site systems located more than 50 feet from the edge of a wetland, waterway, or storm drain (hereafter referred to as “Out of the Critical Buffer Zone” or OCBZ.)

a) Cesspool ICBZ Automatic Upgrades: Properties served by a single cesspool located ICBZ are required to upgrade.

b) ICBZ Inspections:  On-site septic systems (other than single cesspools) located ICBZ must be inspected according to the standards of Title 5 and local regulations.  ICBZ inspections require a deep hole test to determine the estimated seasonal high groundwater (ESHGW).

c) Within each PDA, when all inspections and subsequent upgrades of ICBZ septic systems have been completed, water samples will be regularly collected from receiving water (see section 6.3).  If sample data within a PDA indicates that the septic-related pollution has not been abated to National Shellfish Sanitation Program (NSSP) standards for conditionally approved or approved areas, then OCBZ inspections (see Section 6.2.1d) will be required for those sub-watersheds of the PDA that exhibit septic-related pollution.

d) OCBZ Inspections:  If ICBZ septic system upgrades do not abate septic system-related pollution in a PDA, (see standards in Section 6.2.1c) inspections will be ordered for on-site systems located OCBZ within the sub-watershed of the PDA that exhibits septic system-related pollution.  OCBZ inspections will occur according to the standards of Title 5.

6.2.2 Within a PDA, ICBZ inspection order letters will be sent at the same time as ICBZ cesspool upgrade letters.  Inspections will be due 60 days from the date of the order letter.  Cesspool upgrades will be due 2 years from the date of the order letter.  If the ICBZ inspection results in a “failed” septic system, upgrades will be due two years and 60 days from the date the ICBZ inspection order letter was sent.  Any person may be granted up to 60 additional days to have an inspection performed provided satisfactory information is provided to the Board of Health documenting a particular hardship.
 6.2.3 All septic systems in the City are subject to Title 5 inspections when a Function Check shows a potential problem with an on-site system, even when a valid inspection is on file. A valid inspection is explained in Title 5.

6.2.4 All septic systems in the City are subject to Title 5 inspections for the purpose of title transfer, except if there is a valid inspection on file.  A valid inspection is explained in Title 5.

6.2.5 If a Title 5 inspection is occurring for the purpose of title transfer and the system is located ICBZ of any PDA, a deep hole test to determine Estimated Seasonal High Ground Water will be required before the system can “pass” the Title 5 inspection.

6.2.6 Forty-eight hour verbal notice must be provided by the septic system inspector to the Board of Health prior to the commencement of an official inspection performed pursuant to 310 CMR 15.00 et. Seq. or these regulations

6.2.7 Within ten working days after the receipt of an Inspection Report, the Board of Health shall review the inspection findings to determine whether compliance with Title 5 or local regulations exists.  A notice of satisfactory inspection or an Order to Comply will then be issued unless additional site visits or information is necessary.

6.3 Water Quality Monitoring

6.3.1 After all ICBZ upgrades within a PDA are completed, water quality monitoring will occur biweekly over a 15 month period.  If any sub-watersheds within the PDA exhibit septic system-related pollution then OCBZ inspections will occur for those sub-watersheds.

6.3.2 All subwatersheds that are not currently PDA’s or sewered will be monitored for water quality.  (See Table 2 for a list of the areas potentially to be monitored.) New PDA’s will be created if water quality results indicate that pollution of human origin exists.  Water quality data will be collected biweekly for a 12 month period.  When a surface stream or storm drain included in this monitoring program exceeds the National Shellfish Sanitation Program (NSSP) standards described in section 6.3.4 and the pollution is determined to be of human origin, the area drained by that stream or storm drain shall be included as a new PDA. The creation of new PDA’s shall be jointly determined by the Board of Health and DEP.  All newly created PDA’s will undergo the iterative inspection and upgrade process outlined in section 6.2.1 above.
 6.3.3 The methodology for water quality sampling is as follows:  Shoreline surveys will be done first to determine precise discharge points for sampling locations.  Water samples will be tested for fecal coliform and optical brightener.  Visual observations such as flows, animal activity, algae, or other evidence of nutrient loading will be made.  The number of days since the last rain event and the amount of rain in inches will be recorded.

6.3.4 The NSSP clean water shellfish standard is as follows: fecal coliform median or geometric mean most probable number (MPN) of the water may not exceed 14 per 100 ml and not more than 10 percent of the samples may exceed a MPN of 43 per 100 ml for a 5-tube decimal dilution test.
 

7. SEPTAGE HAULING LICENSES and SEPTAGE TRANSFER LOCATIONS

7.1 Any facility used for the transfer of septage from one transportation vehicle to another transportation vehicle shall be licensed pursuant to Massachusetts General Laws Chapter 111, section 143.    Spill containment measures and source/destination logs must be maintained on site.

7.2 Transfer from or to a permanent structure for holding or storage shall not be permitted.

7.3 Copies of vehicles registration and proof of insurance shall be required for issuance of annual license for each vehicle.
 

8.  VARIANCES

8.1   Variances to these local regulations shall be granted for seriously aggrieved parties by the Board of Health when, in its opinion:

a. The person requesting a variance has established that enforcement of the provision of these regulations from which a variance is sought would be manifestly unjust, considering all the relevant facts and circumstances of the individual case; and
b. The person requesting a variance has established that a level of public health and environmental protection, that is at least equivalent to that provided under these regulations, can be achieved without strict application of the provision of the regulation from which a variance is sought.

With regard to variances for new construction, enforcement of the provision from which a variance is sought must be shown to deprive the applicant of substantially all beneficial use of the subject property in order to be manifestly unjust.
 8.2   Every request for a variance shall be made in writing and shall state the specific variance(s) sought and the reasons therefore.  The request for variance must indicate the current property owner.

8.3   No variance request shall be heard except after the applicant has notified all abutters by certified mail at his own expense at least ten days before the Board of Health meeting at which the variance request will be on the agenda.  The notification shall state the specific variance(s) sought and the reasons therefore, shall indicate the date, place and time of the hearing, and shall indicate that the abutter may view the proposal at the Board of Health during regular business hours.  For variances involving drinking water wells, the notice shall indicate specifically which parcel(s) have a well which is within the setback of the proposed septic system.

8.4   Cancellation of a public hearing shall require re-notification of abutters as described in Section 8.3
  Table 2.  List of Sampling Sites to be Monitored for Water Quality

Site # Site Name Site Code Geographic Location

1 Niles Pond Ambient NP  Ambient water from Niles Pond at      the causeway.

2 Niles Beach Culvert 1 NB1  The culverted flow entering Niles      Beach through the seawall - furthest      from Eastern Point Boulevard.

3 Niles Beach Culvert 2 NB2  The culverted flow entering Niles
    Beach through the seawall - closest      to Eastern Point Boulevard.

4 Norman’s Woe Cove NW  The surface stream entering       Norman’s Woe Cove below       Hesperus Avenue.

5 West Pond Brook WP  The surface stream entering the      rocky intertidal zone at the end of      Shore Road.

6 Shore Road Culvert SR  The culverted flow entering rocky      intertidal zone near Shore Road in      vicinity of 201 Hesperus Avenue.

7 Magnolia Avenue MA  The culverted flow entering an      upland wetland behind 54 Magnolia      Avenue.

8 Kettle Cove Brook KC  The surface stream flowing beyond      the Gloucester Border after Kettle      Cove Industrial Park.

9 Wolf Trap Brook WT  The surface stream flowing beyond      the Gloucester Border after Cape      Ann Industrial Park.

10 Farm Creek FM  The City of Gloucester (as opposed      to the Town of Essex) portion of the      surface water drainage basin of Farm     Creek.
 11 Atlantic Road and  AG  The outfall from the stream at the
 Grapevine Road   corner of Atlantic and Grapevine      Roads.

12 Hesperus Avenue, white HW  The white storm water discharge      pipe at the bottom of Hesperus Ave.

13 Hesperus Avenue, green HG  The green storm water discharge      pipe at the bottom of Hesperus Ave.
 APPENDIX A
PRIORITY DRAINAGE AREAS (PDA’S)

Currently Defined PDA’s and Proposed Order of Investigation

1.  The area of Magnolia draining through the municipal storm drain system which discharges via two outfalls at Magnolia Beach.

2.  The surface water drainage basin of Walker Creek

3.  The surface water drainage basin of the Little River

4.  The surface water drainage basin of Rust Island

5.  The surface water drainage basin of Jones River

6.  The surface water drainage basin of Pearce’s Island

7.  The surface water drainage basin of Freshwater Cove
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

CERTIFICATE OF RENTAL DWELLING

The Board of Health of the City of Gloucester acting under the authority of General Laws Chapter 111 s 31 and Chapter 111 s 127A and in accordance therewith and in the interest of and for the preservation of the public health, hereby adopts the following regulations governing Certificate of Rental Dwelling.

SECTION ONE

The regulation may be cited as the Certificate of Rental Dwelling Regulation #4 of the Board of Health, City of Gloucester.

SECTION TWO

Regulation #4 promulgated by the Board of Health on April 1, 1980 which governed the change of Occupancy Permit is hereby repealed and this regulation shall supercede it and take effect on January 22, 1991.

SECTION THREE: DEFINITIONS

The following words shall have the following meaning when used in the this regulation:

A.  “Board of Health” or “Board” shall mean and include the Board of Health of the City of Gloucester and any of its authorized agents.

B.  “Rental Dwelling Unit” means the room or group of rooms within a building or shelter used or intended for use by a person or persons paying rent for living, sleeping, cooking and eating. (Other than a hotel, motel, or rooming house.)

C. “Multiple Dwelling” Shall mean any building or structure and the land appurtenant thereto and any portion thereof in which 2 or more rental dwelling units are occupied or intended to be occupied as and for residential purposes.

D.  “Minor Violations” Shall mean any deviation from the State Sanitary Code 105 CMR 410:00 et seq., having no significant impact on the health, safety or well-being of the occupants of a dwelling unit which can be corrected or repaired while the occupants remain residing therein within thirty (30) days of the receipt of the notice of violation.

E.  “Person”  Shall mean and include natural persons, trustees of realty trusts, corporations, partnerships and any other entity.  The owner or person having the control over the dwelling.

F.  “State Sanitary Code”  Shall mean and include the regulations promulgated by the Massachusetts Department of Public Health Title 105 of the Code of  Massachusetts Regulations Section 400 through 410 as the same may from time to time be amended.

G.  “Certificate of Rental Dwelling”  [C.R.D.] A certificate issued if the inspection reveals NO VIOLATIONS of the “State Sanitary Code.”

H.  “Temporary Certificate of Rental Dwelling”  [T.C.R.D.] A certificate issued if the inspection reveals MINOR VIOLATIONS of the “State Sanitary Code.”  This certificate is issued for a maximum time period of thirty (30) days, and becomes void after the expiration of this time period.

I.  Unless otherwise defined herein words shall have their usual meaning or the meaning as set forth in the State Sanitary Code.

SECTION FOUR

A.  No person shall lease or rent any rental dwelling within the City of Gloucester without first obtaining a Certificate of Rental Dwelling or a Temporary Certificate of Rental Dwelling from the Board of Health.  Failure to obtain a Certificate of Rental Dwelling or a Temporary Certificate of Rental Dwelling constitutes a violation of the State Sanitary Code and of this regulation.
 1.  FEES:  All applicants and renewals shall be accompanied by the appropriate fee indicated on the application in the form of a check or money order payable to the City of Gloucester.  Cash may be used only when the application is made in person.
 2. A certificate of rental dwelling shall not be issued unless all water, sewer, and tax bills have been paid, and all violations have been corrected.

B.  It is the legal duty of any rental property owner, or his agent, upon the vacating of any dwelling unit, to notify the Code Enforcement Inspector of the Board of Health, in writing (forms can be obtained at the B.O.H. office), that such unit is vacant.  If, within ten (10) working days after the receipt of the notice, the Code Enforcement Inspector fails to inspect the vacant unit, a Temporary Certificate of Rental Dwelling, permitting the unit to be occupied, shall be used.

C.  Upon inspection of the dwelling unit a Certificate of Rental Dwelling will be issued if the inspector finds no violations of the State Sanitary Code.  No Certificate of  Rental Dwelling shall be issued if upon inspection the inspector finds conditions which violate the State Sanitary Code or which materially endanger or impair the health, safety or well-being of the occupants or of any prospective occupants.

D.  Upon inspection of only minor violations of the State Sanitary Code are found, a Temporary Certificate of Rental Dwelling shall be issued.  The Temporary Certificate of Rental Dwelling shall be valid for a period of thirty (30) days.  If the minor violations have not been corrected no Certificate of Rental  Dwelling shall be issued.  If the minor violations have been corrected, within the thirty-day period, a certificate of Rental Dwelling shall be issued.

E.  A Certificate of Rental Dwelling does not have to be recertified for a period of 24 months, regardless of the number of times the unit is occupied and vacated in that period.  For long term tenancy, see # 1 below.
 1.  Regardless of any vacancy, every apartment unit shall be inspected andreceive a Certificate of Rental Dwelling at least once every six (6) years.

F.  The Board of Health may at any time revoke a Certificate of Rental Dwelling or Temporary Certificate of Rental Dwelling if during an inspection it finds violations of the State Sanitary Code or other conditions materially impairing or endangering the health, safety or well-being of the occupants and such violations are not corrected within the time ordered by the Board.

SECTION FIVE

A.  Any person who sells or conveys any rental dwelling unit or who sells or conveys any multiple dwelling located within the City of Gloucester, shall provide the purchase and sale agreement or at the time of the conveyance or transfer with a copy of the existing Certificate of Rental Dwelling or Temporary Certificate of Rental Dwelling if its premises are occupied, and a copy of any Outstanding Notice or Order issued by the Board of Health concerning violations of the State Sanitary Code.

SECTION SIX

A.  Nothing contained in this regulation shall be construed as any manner of warranty or guaranty by the Board of Health or its agents that any particular property at any particular time fully complies with the provisions of the State Sanitary Code or the rules and regulations adopted by the Board of Health pursuant to it or that any violations found to exist upon the inspection of the premises and cited in the inspection report are necessarily the only violations existing in the premises at a particular time, or that any corrections of violations are necessarily full and complete such that no other violations exist in or upon any particular property at any time.

B.  If any provision of these regulations or the application thereof is held to be invalid by a court of competent jurisdiction the invalidity shall be limited to said provision, and the remainder of these regulations shall remain valid and effective.  Any part of these regulations subsequently invalidated by a new state law or modification of an existing state law shall automatically be brought into conformity with the new or amended law and shall be deemed to be effective immediately, without recourse to a public hearing and the customary procedures for amendment or repeal of such regulation.
 SECTION SEVEN

A.  Any person aggrieved by any decision, action or inaction of the Board may appeal such decision, action or inaction in the manner provided in the State Sanitary Code 105 CMR Section 410:850 et seq.

B.  The provisions of this Regulation shall be subject to and interrupted in a manner consistent with the State Sanitary Code.

C.  Any violations of this Regulation shall be deemed to be a violation of the State Sanitary Code and all the remedies, penalties and procedures set forth therein and in G.L. Chapter 111 s 127A-127L shall apply to violations of this regulation.

D.  Failure to comply with the provisions of this regulation shall render the owner of a dwelling unit liable for a fine of up to Five Hundred ($500.00) dollars per day, each day of occupancy of non-complying premises constituting a separate violation of this regulation.

E.  No provision of this regulation shall be interpreted as limiting the power or duties of the Board of Health under general law, ordinance, rule or regulation, including but not limited to the Board of Health’s power to enforce all provisions of the State Sanitary Code, 105 CMR  400.001 et seq. and 410.001, et seq.

SECTION EIGHT

Any official conducting inspections pursuant to this regulation shall seek permission from the owner or other person having the right to give access to such official in order to enter any dwelling unit or multiple dwelling.  If such official is denied access to the premises for the purpose of inspecting, the official shall advise the owner or person having the right of control over the premises that such person has the right to refuse entry to an official without a warrant under the circumstances within the protection of the Fourth Amendment of the United States Constitution.

If the owner or person having the right of control over the dwelling unit or multiple dwelling refuses entry after being so advised no official or agent of the Board of Health shall enter the dwelling to inspect without first obtaining a search warrant from a court of competent jurisdiction.

These regulations were adopted by unanimous vote of the Board of Health, City of Gloucester, at a regular meeting held January 3,1991.
 

ADOPTED:  1/3/91
 

CITY of GLOUCESTER HEALTH DEPARTMENT
 SEPTIC SYSTEM SETBACK DISTANCES
 These Setbacks are Required for New Construction  --  Permission may be Granted for Upgrades
Under 1995 Title 5 and Gloucester Onsite Wastewater Regulations (adopted 8/3/00)

      Title 5            Local Regs
     Septic   Leach    Septic           Leach
     Tank   Facitity   Tank          Facility

Property Line    10’  10’

Cellar Wall or     10’  20’
     Swimming Pool (inground)

Slab Foundation    10’  10’ - - - - 20’

Habitable or Occupiable Space  - - - - - - - 20’
     Ex: house, attached garage

Accessory Building with NO  - - - - - - - 10’
     Habitable or Occupiable Space
     Ex: shed

Water Supply Line   10’  10’

Freshwater Resource Area* - 25’  50’   - 100’  100’

Certified Vernal Pool  - 50’  100’  - 100’  100’

Coastal Resource Area*  - 25’  50’  - 100’  200’

Surface Water Supply  - 400’  400’  - 400’  400’

Tributaries to    - 200’  200’  - 400’  400’
     Surface Water Supply

Wetlands bordering Surface Water  100’  100’  - 400’  400’
   Supply or Tributary thereto

Private Potable Water Well - 50’  100’  - - - 150’

Irrigation Well   - 10’  25’

Open, Surface or Subsurface Drains  50’  100’
    which discharge to Surface Water
    Supplies or Tributaries thereto

Other Open, Surface or Subsurface  25’  50’
     Drains (excluding foundation drains)
     which  intercept seasonal groundwater

Downgradient subsurface drain discharging  - - - - - - 50’
     directly to Resource Areas*

Other Open, Surface or Subsurface   5’  10’
    Drains (excluding foundation drains)

Leaching Catch Basins & Dry Wells 10’  25’
 
 
 
 
 
 
 

6. STANDARDS FOR CLEAN-UP OF EXISTING SEPTIC SYSTEMS
  (GLOUCESTER WASTEWATER MANAGEMENT PLAN)

PREFACE

 Septic system related water pollution within the City of Gloucester has been documented to exist in some sensitive coastal resource areas.  The City recognizes that this type of non-point source pollution is best addressed by evaluating pollution inputs across entire drainage basins affecting polluted receiving waters.  In addition, it is probable that much of the observed septic system related water pollution may result from septic systems sited immediately adjacent to coastal resource areas.  Therefore, this Wastewater Management Plan has been designed to evaluate and eliminate septic system related water pollution using an iterative, results-based approach which begins by eliminating pollution sources adjacent to polluted waters and works increasingly upland.

 The watershed based approach to non-point source pollution involves the definition and investigation of septic systems which drain to a particular receiving body of water and could contribute to ambient water quality degradation in that area. Septic systems closest to polluted receiving waters are most likely the cause of pollution and therefore must be evaluated first.  After any offending septic systems are upgraded, the receiving waters must be reevaluated to determine if additional septic system upgrades are necessary in areas further from the receiving water.  This holistic and comprehensive approach serves to foster the ultimate goal of ambient water quality improvement in polluted areas without undue hardship to City residents with septic systems not linked to pollution problems.  Essentially, this Plan strives to eliminate threats to public health and the environment by focusing corrective action where problems are known to exist.
 

6.1 Administration of the Wastewater Management Plan

6.1.1 In selected areas of the City, the Office of the board of health will work to actively seek those on-site septic disposal systems that are failing to protect public health, safety, and/or the environment and to have those systems upgraded.  These selected areas or “Priority Drainage Areas” (PDA’s) include those drainage areas known to be associated with septic system related water pollution (see Appendix A).  It is the intent of the Board of Health to perform these investigations proactively so as to remove pollution sources causing threats to public health, safety, and/or the environment.

6.1.2 On-site systems through out the City will be required to have function checks every 3.5 years and Title 5 Inspections whenever a property is transferred or when a function check shows a potential problem.

  6.1.3 To ensure that the public is adequately informed about these regulations, the Office of the board of health shall communicate with the public about its activities through mailings, neighborhood meetings, and/or local media.

6.1.4 The Office of the board of health shall maintain a set of on-site system files and databases in order to carry out the function of this management plan.

6.1.5  The provisions of these regulations shall not limit the authority of the Board of Health or its agents to require inspection of on-site systems as it deems necessary.

6.2 Inspections

6.2.1 In order to determine whether an on-site system located in a Priority Drainage Area (PDA) is in compliance with the standards of Title 5 a two-tiered, iterative process will be utilized.  Inspections will first be ordered for those on-site systems located within 50 feet or less from the edge of a wetland, waterway, or storm drain. (This 50 foot area will hereafter be referred to as the “Critical Buffer Zone” or CBZ.  On-site systems located within the CBZ will hereafter be referred to as “In the Critical Buffer Zone” or ICBZ.)  If pollution in a PDA is not abated to the standards listed in Section 6.2.1c, inspections will be ordered for on-site systems located more than 50 feet from the edge of a wetland, waterway, or storm drain (hereafter referred to as “Out of the Critical Buffer Zone” or OCBZ.)  Inspections will be ordered one PDA at a time.

a) Cesspool ICBZ Automatic Upgrades: Properties served by a single cesspool located ICBZ are required to upgrade.  Order letters will be sent at the same time as ICBZ inspection letters (see sec 6.2.1b) and upgrades will be due two years from the date of the order letter.

b) ICBZ Inspections:  On-site septic systems (other than single cesspools) located ICBZ must be inspected according to the standards of Title 5 and local regulations.  ICBZ inspections require a deep hole test to determine the estimated seasonal high groundwater (ESHGW).

c) Within each PDA, when all inspections and subsequent upgrades of ICBZ septic systems have been completed, water samples will be regularly collected from sensitive coastal shellfish areas (see section 6.3).  If sample data within a PDA indicates that the septic-related pollution has not been abated to National Shellfish Sanitation Program (NSSP) standards for conditionally approved or approved areas, then OCBZ inspections (see Section 6.2.1d) will be required for those sub-watersheds of the PDA that exhibit septic-related pollution.

d) OCBZ Inspections:  If ICBZ septic system upgrades do not abate septic system-related pollution in a PDA, (see standards in Section 6.2.1c) inspections will be ordered for on-site systems located OCBZ within the sub-watershed of the PDA  that exhibits septic system-related pollution.  OCBZ inspections will occur according to the standards of Title 5.

e) PDA (ICBZ and OCBZ) inspections are valid for two years from the date of the inspection.
 

6.2.2 Within a PDA, ICBZ inspection order letters will be sent at the same time as ICBZ cesspool upgrade letters.  Inspections will be due 60 days from the date of the order letter.  Cesspool upgrades will be due 2 years from the date of the order letter.  If the ICBZ inspection results in a “failed” septic system, upgrades will be due two years and 60 days from the date the ICBZ inspection order letter was sent.  Any person may be granted up to 60 additional days to have an inspection performed provided satisfactory information is provided to the office of the Board of Health documenting a particular hardship.

6.2.3 All septic systems in the City are subject to Title 5 inspections when a Function Check shows a potential problem with an on-site system, even if there is a valid inspection is on file.

6.2.4 All septic systems in the City are subject to Title 5 inspections for the purpose of title transfer, except if there is a valid inspection on file.

6.2.5 If a Title 5 inspection is occurring for the purpose of title transfer and the system is located ICBZ of any PDA, a deep hole will be required before the system can “pass” the Title 5 inspection.

6.2.6 Forty-eight hour verbal notice must be provided by the septic system inspector to the office of the Board of Health prior to the commencement of an official inspection performed pursuant to 310 CMR 15.00 et. seq.

6.2.7 Within ten working days after the receipt of an Inspection Report, the Office of the Board of Health shall review the inspection findings to determine whether compliance with Title 5 or local regulations exists.  A notice of satisfactory inspection or an Order to Comply will then be issued unless additional site visits or information is necessary.

6.3 Water Quality Monitoring

6.3.1 After all ICBZ upgrades within a PDA are completed, water quality monitoring will occur biweekly over a 15 month period.  If any sub-watersheds within the PDA exhibit septic system-related pollution then OCBZ inspections will occur for those sub-watersheds. (See 6.3.3 for methodology.)

6.3.2 All subwatersheds that are not currently PDA’s or sewered will be monitored for water quality.  (See Table 2 for an incomplete list of the areas potentially to be monitored.) New PDA’s will be created if water quality results indicate that pollution of human origin  exists.  Water quality data will be collected biweekly for a 12 month period.  When a surface stream or storm drain included in this monitoring program exceeds the National Shellfish Sanitation Program (NSSP) standards described in section 6.3.4 and the pollution is determined to be of human origin, the area drained by that stream or storm drain shall be included as a new PDA. The creation of new PDA’s shall be jointly determined by Office of the Board of Health and DEP.  All newly created PDA’s will undergo the iterative inspection and upgrade process outlined in section 6.2.1 above.

6.3.3 The methodology for water quality sampling is as follows:  Shoreline surveys will be done first to determine precise discharge points for sampling locations.  Water samples will be tested for fecal coliform and optical brightener.  Visual observations such as flows, animal activity, algae, or other evidence of nutrient loading will be made.  The number of days since the last rain event and the amount of rain in inches will be recorded.

6.3.4 The National Shellfish Sanitation Program clean water shellfish standard is as follows: fecal coliform median or geometric mean most probable number (MPN) of the water may not exceed 14 per 100 ml and not more than 10 percent of the samples may exceed a MPN of 43 per 100 ml for a 5-tube decimal dilution test.
 

APPENDIX A PRIORITY DRAINAGE AREAS (PDA’S)

Currently Defined PDA’s and Proposed Schedule of Activities

1.  The area of Magnolia draining through the municipal storm drain system which discharges via two outfalls at Magnolia Beach.

2.  The surface water drainage basin of Walker Creek

3.  The surface water drainage basin of the Little River

4.  The surface water drainage basin of Rust Island

5.  The surface water drainage basin of Jones River

6.  The surface water drainage basin of Pearce’s Island

7.  The surface water drainage basin of Freshwater Cove
 
 
 
 
 

 Table 2.  List of Sampling Sites to be Included in the New PDA Monitoring Program

Site # Site Name Site Code Geographic Location

1 Niles Pond Ambient NP  Ambient water from Niles Pond at      the causeway.

2 Niles Beach Culvert 1 NB1  The culverted flow entering Niles      Beach through the seawall - furthest      from Eastern Point Boulevard.

3 Niles Beach Culvert 2 NB2  The culverted flow entering Niles
    Beach through the seawall - closest      to Eastern Point Boulevard.

4 Norman’s Woe Cove NW  The surface stream entering       Norman’s Woe Cove below       Hesperus Avenue.

5 West Pond Brook WP  The surface stream entering the      rocky intertidal zone at the end of      Shore Road.

6 Magnolia Avenue MA  The culverted flow entering an      upland wetland behind 54 Magnolia      Avenue.

7 Kettle Cove Brook KC  The surface stream flowing beyond      the Gloucester Border after Kettle      Cove Industrial Park.

8 Wolf Trap Brook WT  The surface stream flowing beyond      the Gloucester Border after Cape      Ann Industrial Park.

9 Farm Creek FM  The City of Gloucester (as opposed      to the Town of Essex) portion of the      surface water drainage basin of Farm     Creek.

10 Atlantic Road and  AG  The outfall from the stream at the
 Grapevine Road   corner of Atlantic and Grapevine      Roads.
 11 Hesperus Avenue, white HW  The white storm water discharge      pipe at the bottom of Hesperus Ave.

12 Hesperus Avenue, green HG  The green storm water discharge      pipe at the bottom of Hesperus Ave.
 
 
 
 

References

Sargent, Dave & Wayne, Castonguay 1998.  An Optical Brightener Handbook.

United States Geological Survey, 1980.  “Surface Water” in National Handbook of Recommended Methods for Water-data Acquisition.  United States Geological Survey, Reston, Virginia.
 

HORSE STABLING REGULATIONS
 

The following rules and regulations governing the keeping of horses and stables were adopted at a meeting of the Gloucester Board of Health, held on Monday, June 16th, 1980, under the authority of Section 31 of Chapter III of the General Laws of the Commonwealth of Massachusetts:
 

SECTION 1

No person shall keep within the limits of the City of Gloucester, in any building or on any premises of which he may be the owner, leasee, tenant or occupant, any horses without a permit from the City Council and a license from the Board of Health; such license to expire annually on August 1.

SECTION 2

No person shall keep a horse on land containing less than two (2) acres.  All persons shall be limited to a maximum of three (3) horses in areas up to four (4) acres, additional horses may be kept by application to the City Council and Board of Health.
 

SECTION 3

No person shall erect, occupy, or use for a stable any building in the City of Gloucester unless such use is approved by the Board of Health.  Each stall shall contain a minimum of one hundred (100) square feet for the first animal and at least sixty (60) square feet for each additional animal.

SECTION 4

Any person who proposes to remodel a building or a portion thereof which is being used as a stable, or who proposes to renovate any existing stable, or who proposes to construct a new building which is to be used in whole or in part as a stable shall, prior to such remodeling, renovating or construction, submit plans in duplicate to the Board of Health for approval.
 
 
 
 
 
 
 
 

SANITARY REQUIREMENTS

SECTION 5

A.  Each stable shall be furnished with adequate and safe water supply, both for feeding and cleaning purposes.

B.  Each stall in the stable shall be provided with adequate drainage so as to remain dry and clean.

C.  Bedding shall consist of straw, hay, or like substance but shall not contain in whole or in part any wool waste.

D.  All manure must be removed from the stalls at least once each day and not allowed to accumulate in corrals or other areas of the property.

E. Provisions should be made for the disposal of manure with sufficient frequency and in such manner as to be satisfactory to the Board of Health and in such a manner as to prevent the creation of objectionable conditions.
 

F.  Location of manure pits must be approved by the Board of Health.

G.  In fly breeding seasons, manure shall periodically be treated with chemicals for fly control.  Any chemical approved by the U.S. Department of Agriculture shall suffice.
 

H.  Floors shall consist of any material acceptable to the Board of Health such as a thin layer of sand and clay over a gravel base or crushed stone.

I.  For ventilation purposes, each stable shall have an effective window area of at least ten percent (10%) of the total floor area.

J.  Each stable shall be located on land with good drainage and not susceptible to flooding.

K.  Each stable shall be at least one hundred (100) feet away from any swamp, stream, or pond and at least a minimum of one hundred (100) feet from the lot line and no closer than two hundred (200) feet from a dwelling on adjacent property, and must otherwise comply with Zoning regulations.
 
 
 
 
 

SECTION 6

The cost of licenses will be as follows:

Private:              pets or personal use, etc.,                $25.00 per horse

Commercial:      riding stable boarding horses, etc.,         $25.00 per horse
 

SECTION 7

A permit and/or license may be revoked within ten (10) days of written notice or temporarily suspended by the Board of Health upon violation by the holder of any of the provisions of these regulations.
 

SECTION 8

A permit to stable or use horses on property is not transferable.

SECTION 9

Any person who violates any of the provisions of the above regulations or a regulation or order made thereunder shall be punished by a fine of $5.00 for each day such violation continues.
 

SECTION 10

All horses stabled within the City of Gloucester shall be vaccinated on a yearly basis (usually in the Spring) for Eastern and Western Encephalitis.  These same horses shall be tested on an annual basis for Equine Infectious Anemia (Coggins test).

SECTION 11

Those persons already possessing permits need comply with all regulations except Sections 1, 2, 3, and 5(K).  All other regulations must be complied with by July 17, 1980.
 

ADOPTED: 6/16/80
 
 
 
 
 

Subdivision Water Quality
Assessment Regulations
(adopted July 20, 1989)
(amended August 3, 2000 by deleting Regulations 2 and 3)
Authority: MGL Ch. 111. Sec. 31

PURPOSE
The purpose of the regulations is to protect public health and water quality from sewage derived contaminants. Excess nutrient loadings from lawn fertilizers and road run off contaminants by requiring the following requirements:
 1.  Demonstrations of the environment’s ability to safely accept and    disperse wastewater and contaminants.
 2.  Evaluation of a project’s potential impact upon current and/or    potential municipal and private drinking water sources and also a    project’s potential impact upon watercourses.
 3.  Determination of ambient water quality.

DEFINITIONS
ACEC: Shall mean the Area of Critical Environmental Concern as designated by the Secretary of Environmental Affairs under the authorization of MGL C. 21A. Sec. 2(7).

FORM A OR APPROVAL NOT REQUIRED (ANR): Shall pertain to those lots excepted in the provisions of the definition of “Subdivision” contained in the Gloucester Subdivision Law.

GLOUCESTER SUBDIVISION LAW:  Shall mean the most recent version of the Rules and Regulations Governing the Subdivision of Land in Gloucester, Massachusetts, as adopted by the Gloucester Planning Board under the authority of the Subdivision Control Law. Massachusetts General Law, Chapter 41, Section 81K-81GG inclusive as amended.

HYDRAULIC CONDUCTIVITY:   Shall mean the ration of flow velocity to driving force for viscous flow under saturated conditions of a specified liquid in a porous medium.

MGL:  Shall mean the Massachusetts General Laws.

PIEZOMETER:  Shall mean an instrument for measuring pressure head.

POROSITY:  Shall mean the ration of the aggregate volume of the interstices in a rock or soil to its total volume (usually stated as a percentage).

SUBDIVISION CONTROL LAW:  Shall mean the Subdivision Control Law as contained in Massachusetts General Law. Chapter 41, Sections 81K – 81GG, inclusive as amended.
 
 

WATERCOURSE:  Shall mean the “watercourse” as defined in Title V of the State Environmental Code, and shall include any bordering vegetated wetland as supported by the water course.

WATERSHED:  Shall mean a region or area bounded peripherally by a summit or boundary line separating the drainage districts of two streams and draining ultimately to a particular watercourse or body of water.

WETLAND:  Shall mean any coastal wetland or freshwater wetland as described in MGL Ch. 131, Sec. 40.

HEALTH REGULATION 1:  PLAN OF LAND DIVISION
Applicability:  The following regulation shall apply when any subdivision plan is submitted to the Board of Health pursuant to the Subdivision Control Law, MGL Ch. 41, Sec, 81U.
       OR
Any plan to create “Form A. Approval Not Required (ANR)” lot is submitted to the Planning Board as per the Gloucester Subdivision Law and is so endorsed by the Planning Board after the effective date of these regulation.

EXEMPTIONS
A.  The regulation shall not apply when the combined sewage flow from the  project is less than or equal to 1500 gallons per day. The design sewage flows shall be calculated as per the values set for the in Title V, 310 CMR 15.00, except that each single family residential lot shall be considered as 500 gallons per day for the purpose of this regulation.

B.  The regulations shall not apply when all buildable lots created by the land division are at least 2 acres in size provided that no wetlands are included in the calculation of lot area.

REQUIREMENTS
A.  The Board of Health shall not approve any subdivision plan pursuant to the Subdivision Control Act, MGL Ch. 41, Sec. 81U which has not been accompanied with the following water quality assessment information. The Board of Health shall not approve any subdivision plan pursuant to the Subdivision Control Act, MGL Ch. 41, Sec 81U, which has not met the performance standards of these regulation.   The water quality assessment information shall be assembled and presented to the Board of Health and the Planning Board at the same time that the plan of land division is submitted for review by the Planning Board.
 
 
 
 
 

B.  The Board of Health shall not approve any application for Disposal Works Construction Permits serving a Form A. ANR (Approval Not Required) lot, and is so endorsed by the Planning Board after the effective date of this regulation, which has not been accompanied with the following water quality assessment information and/or has not met the performance standard of these regulations. The water quality assessment information shall be assembled and presented to the Board of Health and to the Planning Board at the same time that the ANR plan of land division is submitted for review by the Planning Board.

C.  WATER QUALITY ASSESSMENT
1.  The plan of land division shall provide the proposed locations of septic system leaching facilities on the site, and the locations of existing watercourse, wetlands, and bedrock outcrops on-site and within 500 feet off-site. The plan also shall show any Area of Critical Environmental Concern (ACEC) and proposed or existing well (private or public drinking water supply and/or water quality monitoring wells) located within the boundary of the project or within 500 feet of the project boundaries.

2. The plan shall also describe:
 a.  The proposed and existing watershed drainage boundaries.
 b.  Any watercourses or wetlands receiving surface or subsurface water           flow from the project.

3.   Monitoring Wells:
 a. Monitoring wells shall be installed by the applicant so as to provide for ground water flow characterization (flow direction, quatity, and quality) within each water shed drainage containing sewage disposal systems or stormwater discharge points (including detention or retention basins and groundwater recharge facilities). At least one monitoring well shall be place upgradient and at least two monitoring wells shall be placed downgradient for the proposed sewage disposal areas or stormwater discharge facilities.
 b.  Monitoring wells shall be constructed in such a manner as to meet or  surpass the monitoring well construction standards as required by the Massachusetts Department of Environmental Protection, Division of Water Pollution Control, Groundwater Section.
 c. All monitoring well locations shall be surveyed in place by the applicant, their elevations established in reference to Mean Sea Level, and their location plotted upon the plan of land division.
 
 
 
 
 
 
 

4. Groundwater sampling:
 a.  The groundwater samples for water quality characterization shall    be obtained and analyzed by personnel from state certified laboratory   using EPA approved methods for the following parameters:
1.  Nitrogen (Ammonia)
 2.  Nitrogen (Nitrate)
 3.  Total Kjeldahl nitrogen
 4.  Total coliform bacteria
 5.  Foaming agents
 6.  Sodium
 7.  Temperature
 8.  pH
 9.  Total Phosphate
    10.  Specific conductance
          11.  Water level with respect to Mean Sea Level

    b. If the project is subject to use for non-residential purposes, then the above  list of test parameters shall be expanded to include Volatile Organic   Compounds (USEPA Method #524).

5. Sampling Schedule:  Sampling for the above parameters will be require for groundwater samples drawn from the monitoring wells at the following stages of the project:
 a. Prior to the start of the project, a minimum of two samples shall be                  obtained so as to provide baseline data for future comparison. The                  samples should be taken during conditions of both high groundwater               elevation (wet season) and low groundwater elevation (dry season).
 b.  After completion of the road surfaces and drainage systems prior to the           acceptance of the project by the City of Gloucester as evidenced by the          release of the performance guarantee established by the Gloucester               Subdivision Law.
 c.  One year after the sample drawn in stage b above.

6.  The cost for any sampling and analysis required by these regulations shall be borne by the project applicant or the applicant’s successors.

7.  If a monitoring well is to be located upon land that will not be a public way then an easement for right of passage and sampling by representative of the City of Gloucester shall be recorded on the plan.  No monitoring well shall be willfully destroyed without prior approval of the Board of Health.

D.  CALCULATION OF NUTRIENT LOADING
Nitrogen loading will be determined for the following items utilizing the loading rates in Table 1 below.
1.  Calculation of nitrogen loading for the proposed division of land alone.
2.  Calculation of the existing nitrogen loading within the total watershed area. 3.  Calculation of the potential nitrogen loading within the total watershed area      based upon existing zoning and subdivision ordinances.
4.  Determination of the flushing rate of watercourses receiving the surface or   subsurface water from the project.
5.  Calculation of the predicted nitrogen concentrations (mass of nitrogen    load/volume of the surface water) based upon the loading obtained in 3   above in the watercourse receiving the surface or subsurface water from the   project.
6.  Calculation of the critical nitrogen loading rate which will result in 0.75 mg/liter  total nitrogen concentration in the watercourses receiving the surface or   subsurface water form the project.
 
 
 
 

Table 1. LOADING AND RECHARGE FACTORS FOR ANALYTICAL MODEL
(Nelson, M.E., Horsley, S.W., Camareri, T.C., Giggey, M.D. Pinnette, J.R., Predicting Nitrogen Concentration in GROUNDWATER-An Analytical Model, Presented at National Water Well Association Conference, FOCUS on Eastern Ground Water Issues, Stamford, CT. Sept. 27-29, 1988)

Source  Concentration Loading Rate                Flow/Recharge

Sewage (Res) 33.9 mg N/liter (5.5 lbs. N/Pers-Yr)  55 gpd

Lawns   17.89 mg N/liter (3 lbs. N/1000sf-Yr)* 18 in/yr

Pavement Runoff 1.5 mg N/liter  (0.19 lbs N/curb mi/day) 40 in/yr
(Recharged to Ground)

Roof Runoff  0.75 mg N/liter (0.15 lbs N/1000sf-Yr) 40 in/yr
(Recharged to Ground)

Natural Land  0.05 mg N/liter (0.005 lbs N/1000sf-Yr) 18 in/yr

*Value obtained from Gloucester Subdivision Law Appendix B- Methods and Standards for Determination of Nutrient Loading
 
 
 
 
 
 
 
 
 
 

E.  ADDITIONAL REQUIREMENTS
For proposed lots which may require sewage disposal systems either:
 a.  within 500 feet of a watercourse or wetland
 or
 b.  within 500 feet of a drinking well
or
 c.  within 500 feet of a property line of abutting vacant land for which    the public water system is not accessible within 1000 feet

then the following will also be required:

1.  The plan of land division shall provide the proposed locations of septic system leaching facilities on the site, and the locations of existing watercourse, wetlands, and bedrock outcrops onsite and within 500 feet offsite.   The plan also shall show any Area of Critical Environmental Concern (ACEC) or proposed or existing well (private or public drinking water supply and/or water quality monitoring wells) located within the boundary of the project or within 500 feet of the project boundaries.

2.  A water table map (5 foot contours) showing groundwater flow directions and a bedrock topography map showing elevations (10 foot contours) of bedrock between the proposed septic system locations and wetland areas and/or wells and/or vacant property boundaries for which the public water system is not accessible within 1000 feet.

3.  A hydrogeologic cross section map along the predicted groundwater flow line showing bedrock surface, surficial geologic deposits, seasonal water table evaluation, and downgradient wetlands.

4.  Determination of average hydraulic conductivity (K) and porosity (n) of surficial deposits located along the hydrogeologic cross sections. Hydraulic conductivities may be determined by piezometer tests (slug tests).

5.  The water table gradient (j) along the hydrogeologic cross sections as determined by water level measurements and/or bedrock surface gradient.

6.  Calculation of average linear groundwater flow velocity utilizing Darcy’s Law:
V= Ki/n
where v = average linear velocity
  K = hydraulic conductivity
  i = hydraulic gradient (water table gradient)
  n = porosity

7.  Calculation of the 100 day groundwater travel distance for lots to be served by on site sewage discharges within 500 feet of a watercourse, within 500 feet of  a drinking water well or within 500 feet of the property line of abutting vacant land for which the public water system is not accessible within 1000 feet.

F.  PERFORMANCE STANDARDS
1.  Projected average nitrate/nitrogen concentrations shall not exceed 5 mg/liter in the groundwater underlying the parcel.
2.  Projected total nitrogen concentrations shall not exceed 0.75 mg/liter in coastal waters.
3.  Untreated road drainage shall not be directly discharged to watercourses or wetland where shellfish may be impacted. Where possible, draingate shall be recharged to the ground on site utilizing vegetated swales or retention basins. The bottom of any retention basin shall be located at least 2 feet above the maximum water table in the site of the basin. Adjustment for mounding of the groundwater tale beneath the basin shall be taken into consideration during design of the recharge system. The maximum depth of a basin shall be no greater than 6 feet in order to maintain an aerobic environment at the sediment water interface and in the upper sediment layer.

Variances

Variances to these local regulations may be granted for seriously aggrieved parties by the Board of Health when in its opinion:

 a.  The enforcement thereof would do manifest injustice: and

 b. The applicant has proved that the same degree of environmental       protections required under these regulations can be achieved without         strict application of the particular provision.

Every request for a variance shall be made in writing and shall state the specific variance sought and the reasons therefore. No variance shall be granted except after the applicant has notified all abutters by certified mail at this own expense at least ten days before the Board of Health meeting at which the variance request will be on the agenda. The notification shall state the specific variance sought and the reasons therefore.

GLOUCESTER BOARD OF HEALTH SEPTIC REGULATION 22

Pursuant to Massachusetts General Laws C. 111 s. 31, the following is hereby adopted:

A.  Maximum Feasible Compliance according to 1995 Title V Regulations for existing dwelling local upgrades where there is not an increase in flow or change of use.

B.  Local Regulations 1,7,19 are exempt from this regulation.
 C.  A Board sub-committee, appointed by the Chair, now will review with the staff all upgrade approvals which do not comply with Local Regulations. (Any member of the Board still has the right to review and comment).

D.  Persons aggrieved by this regulation may apply to the Board for a variance.

E. Local regulations are in effect for properties inside the CBZ (Critical Buffer Zone), as described in the Wastewater Management Plan.
BOARD OF HEALTH OF THE CITY OF GLOUCESTER
MASSAGE THERAPY/BODYWORK REGULATIONS

TABLE of CONTENTS
 

 1.  Purpose……………………………..…………….....………................………2

 2.  Definitions………………………………………….....…..…................…….2-3

 3.  Exceptions and Exclusions………………………………....................……...3

 4.  Licenses and fees…….………………………………….....…..............……..3

 5. Professional Practitioners;
 Application and Renewal Procedure……...…………….......................….4-5

 6. Student/Apprentice Practitioner; Application and
Renewal Procedure………………………………...................….....………5-6

 7. Temporary License of Professional or Student/Apprentice
 Practitioner:
 Application Procedure…………………………….........………...............…6-7

 8. Massage Therapy/Bodywork Establishments;
 Operating Guidelines…………………………………........................……….7

 9. Massage Therapy/Bodywork Establishments;
 Application and Renewal Requirements……………….......................….…8

10. Massage Therapy/Bodywork Establishments;
 Operating Requirements……………………….........……..............……....8-9

11. Off-premises Business…….…………………….......…….............…..…..….9

12. New Massage Therapy/Bodywork Types…….…….......…............……....10

13. License Revocation, Suspension or Modification and Appeals................10

14. Variances……………………………………......……………..................10-11

15. Penalties……..…………………………………......…………............…....…11

16. Severability…………………………………….......…………...........…....….11
 
 

 The Board of Health of the City of Gloucester hereby adopts the following regulations on this 2nd day of February, 1995 under the authority of Section 31 of Chapter 111 of the Massachusetts General Laws in order to implement Sections 51 and 53 of Chapter 140 of the Massachusetts General Laws.  In the event of a conflict in the implementation of policies relative to massage therapy/bodywork practitioners between M.G.L. Chapter 140 Sections 51 and 53, the information packet included as a reference, and these regulations, the regulations included herein shall supersede.

1. PURPOSE

The Gloucester Board of Health finds it necessary to license the practice of massage therapy/bodywork in order to protect the public health and safety.  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 enhanced physical and emotional well being can occur through the use of massage therapy/bodywork but that it should not be used to diagnose disease, prescribe medicine or perform any other function which requires a license from the Commonwealth of Massachusetts.

2.        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, Anma, Chi nei sang, Jin shin do, Okazaki Restorative Massage, Nuat thai, Shiatsu and Tuina- Polarity therapy, ROLFING, and the TRAGER approach.

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-on-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, and the Trager Institute.

4.  Massage Therapy/Bodywork Practitioner shall mean any person who has obtained a license from the Gloucester Board of Health and who for 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.

3.   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 therapy/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 massage of neck, face, scalp and hair of a 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 City of Gloucester are required to obtain a license as provided herein.

4.  LICENSES and FEES

1. No person shall practice as a professional practitioner of massage therapy/bodywork for the hire or reward or advertise or hold him/herself as being engaged in the business of massage therapy/bodywork in the City of Gloucester unless having first been issued a licensed 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 pursuant to these regulations.  The fee for the initial and renewal license of an establishment shall be $60 per year, or as amended.

3.    A license issued to the operator of an establishment, or license issued to a practitioner of massage therapy/bodywork is not transferable to another location or   person.  All licenses expire one year from the date of issue.
 

 5.  PROFESSIONAL PRACTITIONERS; APPLICATION AND
     RENEWAL PROCEDURE

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

1. Submit to the Gloucester 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 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 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 the national professional association, diploma or certificate and a transcript from a school licensed and accredited by the Massachusetts Department of Education or it’s 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 2.2) which meets the standards of the state or national professional association.

5.       Submit three letters of reference including at least one letter 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:
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 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 - Unless born before 1957, 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 - Unless born before 1957, at least one dose of mumps vaccine administered at/or after 12 months of age or serological proof of  immunity.  Rubella vaccine - At least one dose of rubella vaccine administered at/or after 12 months of age or serological proof of immunity.  Diphtheria and Tetanus Toxoids - At least three doses of DT/Td.  A booster dose of tetanus/diphtheria, 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.

6.  STUDENT/APPRENTICE PRACTITIONER; APPLICATION and                 RENEWAL PROCEDURES

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

1. Submit to the Gloucester 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 City of Gloucester.)  False statements in said application shall be grounds for denial or revocation of a license.

2. Provide satisfactory evidence that the applicant is eighteen (18) years of age or older, by presenting two forms of 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 in a program 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 section 2.2) per year to be eligible for renewal.  Documentation shall be a transcript from a school licensed and accredited in Massachusetts or it’s resident state.

4. 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 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 or 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 - Unless born before 1957, 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 - Unless born before 1957, at least one dose of mumps vaccine administered at or after 12 months of age or serological proof of immunity.  Rubella vaccine - At least one dose of rubella vaccine administered at/or after 12 months of age or serological proof of immunity.  Diphtheria and Tetanus Toxoids - At least three doses of DT/Td.  A booster dose of tetanus/diphtheria, adult toxoid (Td) is required if more than ten years have elapsed since the last dose.

5. Agree to follow all rules and regulations specified herein and conduct him/herself in accordance to 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.

7.  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 city of Gloucester unless he/she meets the following requirements:

1.   Submit to the Gloucester 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’s community as a professional practitioner or student/apprentice practitioner.  Applicants whose license to practice massage therapy has been revoked in any other Massachusetts municipality shall be ineligible for a license for a temporary event in Gloucester.

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.   Perform or allow to be performed no illegal act on the premises of the temporary event.

5. Maintain hygienic practices to the greatest degree allowed by the conditions of the temporary event.

6. Publicly display his/her temporary license to practice massage therapy/bodywork for that event.

7. 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 Gloucester Board of health may perform massage therapy/bodywork at a temporary event if they publicly display his/her license to practice massage therapy/bodywork. 8. MASSAGE THERAPY/BODYWORK PRACTITIONERS; OPERATING GUIDELINES

Every professional or student/apprentice massage therapy/bodywork practitioner conducting work in the City of Gloucester 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 practitioner is afflicted with a communicable disease including but not limited to skin fungus, skin infection, skin inflammation, skin eruption, or skin lesion (i.e. cut) that could be spread through 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 or bodywork to a minor without consent of 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 record of dates, names and addresses 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 or the establishment.

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

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

 9.  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 Gloucester 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 current rate schedule.

3. Notify the Board of Health within 14 days of any change in name, address or ownership.

4. Inspection of the facility by the Board of Health and any other relevant agencies for conformance with Section 12 of these regulations, the State Building Code and the health, housing, fire prevention and zoning codes of the Commonwealth of Massachusetts and the City of Gloucester.

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

10. MASSAGE THERAPY/BODYWORK ESTABLISHMENTS; OPERATING REQUIREMENTS

1.    Employ or cause to be employed as a massage therapy/bodywork practitioner only persons who have obtained a valid, un-revoked license from the Gloucester Board of Health to practice massage therapy/bodywork.

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 10 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 other similar equipment unless licensed by the Commonwealth of Massachusetts to practice a profession 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, and 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 does 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 client or practitioner.  No common use is permitted.  All used robes, cloths, towels and other 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 of all massage therapy/bodywork practitioners conducting massage therapy/bodywork therein.

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

11.  OFF-PREMISES BUSINESS

All professional practitioners of massage therapy/bodywork licensed by the Board of Health may perform off-premises work provided that they:

1.      Agree to meet all the requirements set forth in section 9.

2.    Publicly display his/her professional practitioner license when conducting off-premises business.
 12.  NEW MASSAGE THERAPY/BODYWORK TYPES

In the event the applicant does not practice any of the types of massage therapy/bodywork listed in section 2.1, 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 as listed in section 2.3.  In no case shall an applicant have less than a 500 hour course of study as listed in section 2.2  or not have completed the National Certification Exam or Therapeutic Massage and Bodywork.

13. LICENSE REVOCATION, SUSPENSION OR MODIFICATION, AND APPEALS

1.       The Board of Health may suspend, revoke or modify a professional practitioner or establishment or 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.       Persons(s) to whom an order has been served may request it in writing a  hearing before the Board of Health within 7 days after the order was served.  Upon  receipt of such 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 after the day 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 petitioners 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.

14.  VARIANCES

1. Any person(s) may submit a written request to the Board of Health for a variance in the application of 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 inform the petitioner in writing thereof.  The hearing shall commence within thirty days of receipt of the request.
 

 2. At the hearing the petitioner shall be given an 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 in writing of its decision.

15.     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 and 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, or by imprisonment for not more than 6 months, or both.

16.      SEVERABILITY

If any section, paragraph, sentence, clause phrase or word of the regulations shall be declared invalid for any reason whatsoever, that decision shall not effect 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.
 
 
 
 
 
 
 

ADOPTED:  2/2/95
 
 
 
 
 
 

REGULATIONS PROHIBITING INVOLUNTARY EXPOSURE TO TOBACCO SMOKE AND LIMITING ACCESS OF TOBACCO PRODUCTS TO MINORS
 

SECTION 1:  PURPOSE

Conclusive evidence exists that tobacco smoke causes cancer, respiratory diseases, various cardiac diseases, negative birth outcomes, allergies, and irritations to the eyes, nose and throat to both the smoker and nonsmoker exposed to involuntary (secondhand) smoke.  Tobacco use is the leading cause of premature death in the U.S.  Evidence further demonstrates that repeated use of tobacco products will result in a behavioral dependency and for some, a physical addiction to nicotine.

Therefore, the following regulations have been designed to reduce involuntary exposure of nonsmokers to tobacco smoke and to prohibit access of tobacco products to minors.

SECTION 2: AUTHORITY

These regulations are adopted pursuant to Massachusetts General Laws, Chapter 111, Section 31, as reasonable health regulations designed to protect and improve the health of the residents of the City of Gloucester.

SECTION 3: DEFINITIONS

As used in this regulation:

Bar means an establishment which is devoted to the serving of alcoholic beverages for consumption by guests on the premises, in which the serving of food is secondary to the consumption of such beverages, and in which only incidental foods are served.  Although a restaurant may contain a bar, the term “bar” shall not include the restaurant dining area.

Revenue generated from the serving of alcoholic beverages must be equal to or greater than eighty five percent of the total combined revenue generated by the serving of such beverages and food. Revenue figures to be considered as evidence for the purposes of this definition shall be those used in calculation of the meal tax amount filed on Massachusetts Department of Revenue Form MAB-4, Line 1 for the preceding four filings.  In order to determine such status, a statement from a Certified Public Accountant indicating the percent of revenue generated from the serving of alcoholic beverages shall suffice.

Bar Area of a Restaurant means an area of a restaurant that is devoted to the serving of alcoholic beverages for consumption by guests or restaurant patrons on the premises and in which the serving of food is only secondary to the consumption of such beverages.
Bed and Breakfast establishment means a private owner-occupied house with four or more guestrooms for paying customers.

Bed and Breakfast home means a private owner-occupied house with three or less guestrooms for paying customers.

Board means the Board of Health of the City of Gloucester.

Employee means any individual who performs services for an employer in return for wages or profit.

Employer means any individual, partnership, association, corporation, trust or other organized group of individuals including the City of Gloucester or any agency thereof, which regularly uses the services of two or more employees.

Enclosed Area means all space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passage ways) which extend from the floor to the ceiling including all space therein.

Extensively Remodeled means an establishment which remodels and/or expands greater than 30% of the assessed space and/or expands greater than $100,000 on remodeling/renovations during any one year period.  The cost for a separate ventilation system shall not be taken into account in calculating expenditures.

Incidental food means snack food that is already prepared or pre-packaged that may be served as is or with minimal heating. The purpose of serving incidental food is to comply with the conditions set out in that establishment’s liquor license.

Minor means a person less than eighteen (18) years of age.

Nonsmoking Area means any area that is designated and posted by the proprietor or person in charge as a place where smoking by patrons, employees, or others is prohibited.

Private Club means a place with limited membership into which admission cannot be obtained by any person at his/her pleasure.

Public Place means an enclosed, indoor area when open to and used by the general public, including but not limited to the following facilities:

 auditoriums;
automobile sales rooms, dealerships and service stations;
 bank and automatic teller machine lobbies;
beano and bingo halls
clubs, rooms, or halls when used for public meetings and public gatherings;
elevators;
entranceways  (enclosed);
game arcades;  hair cutting establishments;
health clinics;
health care facilities;
hospitals;
hotel, motel, inn, and bed and breakfast establishment lobbies;
laundromats;
libraries;
licensed childcare locations;
lobbies, entranceways or any common areas of apartment buildings,
     condominiums, or  public housing;
municipal buildings, excluding public housing;
museums;
 nursing homes;
pool halls;
public restrooms;
public transit facilities;
 restaurants and other food service establishments;
retail food establishments;
retail stores;
retirement homes;
schools, school buses, school property and other educational facilities;
shopping malls (enclosed);
sports arenas (indoor);
theaters;
and any other enclosed air space where the public may gather.

Public Transit Facilities are buses as identified by a BU or CATA license plate, taxis as identified by a TA license plate, and other means of public mass transit while operating within the boundaries of the City of Gloucester, and indoor platforms and waiting areas.

Restaurant  means any facility licensed by the Board of Health as a food service establishment, including any coffee shop, cafeteria, sandwich stand, private and public school cafeteria, and other eating establishments which gives or offers food for sale to the public, guests, or employees for on-premises consumption.

Retail Food Establishment means any establishment commonly known as a supermarket, grocery, or convenience store, licensed by the Board of Health, in which the primary activity is the sale of food items to the public for off-premises consumption.

Retail Store means any establishment whose primary purpose is to sell or offer for sale to consumers, but not for resale, any goods, wares, merchandise, articles or other things, including retail food stores.  “Retail store” shall not include restaurants as defined herein.

Seating Capacity means that capacity designated on the occupancy permit of a food service establishment licensed by the Board.

Smoking means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, or other tobacco product.
Sports Arena (Indoor) means any sports pavilion, gymnasium, health spa, boxing arena., swimming pool, roller or ice rink, bowling alley, or other similar place where members of the general public assemble to engage in physical exercise, participate in athletic competition, or witness sports events.

Tobacco Product means cigarettes, cigars, pipe tobacco, chewing tobacco, snuff, or tobacco in any of its forms.

Ventilation System means a mechanical system to remove tobacco smoke and exchange inside air by bringing in fresh air.  Particulate air cleaners or filtration systems are not considered a ventilation system.

Workplace means any area within a structure or portion thereof at which two (2) or more employees perform services for their employer.  It also includes employee lounges, restrooms, conference rooms, hallways, stairways, and entranceways.
 

SECTION 4: AREAS WHERE SMOKING IS OPTIONAL

Notwithstanding any other provision of these regulations, the following areas shall not be subject to the smoking restrictions of the regulations:

(A)        Bars, as defined in Section 3, where:
i.          The owner or his/her agent ensures that persons under the age of eighteen          (18) may never enter the premises at any time, and
ii.          Where the owner conspicuously posts signs as described in Section 7 of                these regulations at the entrance(s) stating that persons under the age of              eighteen (18) are prohibited and stating further that ETS is hazardous to your        health and
iii.        The bar was not newly constructed or extensively remodeled.

(B) Bed and Breakfast homes;

(C) Limousines for hire or other livery service as identified by a LV license plate,         when the driver and all passengers affirmatively consent to smoking in each vehicle;

(D) Private Clubs: Smoking is allowed in Private Clubs as defined in Section 3
where:
i.        The owner or his/her agent ensures that persons under the age of eighteen (18)              may never enter the premises at any time, and
ii.       The owner conspicuously posts signs as described in Section 7 of these         regulations at the entrance(s) stating that persons under the age of eighteen (18) are prohibited and stating further that ETS is hazardous to your health and
iii.       Which was not newly constructed or extensively remodeled.

(E)  A room of hall used for a private social function, in which the sponsor of the private function and not the owner or proprietor has control over the seating arrangements; provided that the room or hall is either physically separate from the rest of the building,  and has a separate ventilation system, or has walls, partitions, or other barriers that will prevent any smoke from entering the public use (non-smoking) sections of the facility;

Any of the above shall have the option to declare their premises non-smoking.
 

SECTION 5: AREAS WHERE SMOKING IS PROHIBITED

No person shall smoke nor shall any person, employer, or other person having control of the premises upon which smoking is prohibited by this regulation, or the agent or designee of such person, permit a person to smoke in any of the following places as defined herein:

(A) restaurants,

(B) public places and

(C) in any areas of an establishment, including bars, bar areas of restaurants, and private clubs, which are newly constructed or extensively remodeled.
 
 

SECTION 6: AREAS WHERE SMOKING IS ALLOWED IN SEPARATE ROOMS

(A)      Bar Areas of Restaurants:  Smoking is allowed in the Bar Area of a Restaurant as
defined in Section 3 where:
i.     The owner or his/her agent ensures that persons under the age of eighteen (18
       may never enter the premises at any time, and
ii.    The owner conspicuously posts signs as described in Section 7 of these        regulations at the entrance(s) stating that persons under the age of eighteen (18) are prohibited and stating further that ETS is hazardous to your health and
iii.   The restaurant was not newly constructed or extensively remodeled, and
iv.   The bar area is separated from the non-smoking area of the restaurant by location   in a separate room or by means of physical barriers that encloses the bar area of the restaurant from floor to ceiling and
v.    The bar area of the restaurant is served by a ventilation system that is separate          from the ventilation system  that serves the non-smoking portion of the restaurant     and so as not to interfere with the smoke free air of the non-smoking area of the        restaurant and
vi.   The bar area of the restaurant does not exceed 25% of the establishment seating
       capacity and
vii.  The bathrooms for use by the patrons are located so that access is allowable
      from the non-smoking area, and the ventilation system for the bathrooms must not be connected to the ventilation system in the smoking area.

(B)    Hotel/Motel Rooms rented to guests.  Hotels and motels shall provide both smoking and non-smoking rooms as requested by guests.  The rooms so designated will be posted as smoking prohibited or smoking permitted. Customers seeking accommodations will be routinely advised of the availability of non-smoking rooms by  check-in personnel.  Smoking rooms may be designated by the proprietor(s) or other person(s) in charge of a hotel/motel, except that common restrooms, entranceways, hallways, stairways, and lobbies, as well as places in which smoking is prohibited by the fire marshal, law or regulation may not be designated as a smoking areas.  The non-smoking rooms shall not be located between smoking rooms.  Non-smoking room location shall be so situated as to utilize physical barriers and/or ventilation systems to minimize involuntary exposure to tobacco smoke.

(C)   Sports arenas (indoor), other that those on school grounds may have one designated smoking room, if such room is physically separate by walls and a door and a separate ventilation system from the sports activity area.

(D)  Workplaces It shall be unlawful for any person to smoke in any workplace except in specifically designated smoking areas as described below.   Each employer may specifically designate enclosed areas in which employees may smoke, provided, however, that nonsmoking areas of comparable size and capacity are available and provided, further, that physical barriers and separate ventilation systems are used to segregate smoking areas from nonsmoking areas in order to prevent involuntary exposure to tobacco smoke.  Hallways, elevators, entranceways, stairwells, restrooms, and waiting areas in all the above facilities may  not be designated as smoking areas.  Areas designated as smoking must be conspicuously marked.  Each employer shall notify his or her employees orally and in writing by conspicuously posting the employer's smoking policy within three weeks after the smoking policy is adopted.  Each person in the workplace shall be subject to the posted smoking policy of the employer.
 

SECTION 7: POSTING OF SIGNS IN PUBLIC PLACES

The proprietor(s) or other person(s) in charge of a place covered by this regulation shall

prevent smoking and involuntary exposure to tobacco smoke as follows:

(A) Areas where smoking is prohibited: No smoking signs or the international
“No Smoking” symbol (consisting of a pictorial representation of a burning cigarette in a red circle with a red bar across it) shall be clearly, sufficiently, and conspicuously posted in every entrance to a building or other place where smoking is prohibited by this regulation, by the owner, operator, manager or other person having control of such building or other place.

(B)  Areas where smoking is permitted in separate rooms:  Every bar or bar area of a restaurant and all establishments having a designated smoking area must post a sign at all entrances with the following wording: "Warning:  Smoking is allowed in this establishment.  Second hand smoke is present and exposure increases a risk to your health.  Persons under the age of 18 are prohibited from entering”. The word “Warning” shall be printed in red letters, shall have a larger font size than the other words and be on its own line of type.  Such signs shall be at least 16” X 24” inches in size, shall use at least 2 contrasting colors with at least 30 point type. All signs shall be posted so as to be clearly visible from the outside of the establishment, shall be posted on the door, and shall be posted between 4 and 6 feet above the ground.
(C)   Taxicabs must post signs in the front and back seating area indicating smoking is prohibited.

(D) No person shall remove a sign posted under the authority of Section 7 of this regulation except to the extent of conducting maintenance or renovations.

(E) Using any legal means, which may be appropriate and reasonable to enforce these regulations.
 

SECTION 8:  TOBACCO SALES TO MINORS PROHIBITED

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

(B) Tobacco Sales Permit Required.  No person or entity shall sell tobacco products within the City of Gloucester without a tobacco sales permit issued by the Board of Health.  The fee for this permit is $25.00 per year.

(C)  Sale by Persons Under Age 18.  No person or entity selling tobacco products shall allow anyone under age eighteen (18) years of age to sell cigarettes or other tobacco products until such employee reads the Board of Health regulations and State laws regarding sale of Tobacco and signs a statement, that (s)he understands and will uphold the regulations.

(D)   Sales to Minors.  No tobacco sales permit holder may sell cigarettes, chewing tobacco, snuff, or tobacco in any of its forms to any person under the age of eighteen.

(E)  Free Standing Displays Eliminated. No tobacco product shall be displayed in a location from which the customer may gain access. All tobacco products shall be on or behind the retail counter such that direct contact with unpurchased product by the customer is prohibited or shall be located in a locked storage area which remains locked at all times except when an employee is retrieving tobacco products.
 (F)  Free Distribution.  No free tobacco products shall be distributed within the City of Gloucester for any promotional or other commercial purpose.  No person shall distribute or redeem any coupons or vouchers for free tobacco or tobacco products within the City of Gloucester.

(G)   Vending Machines.  The use of vending machines for dispensing tobacco products is not permitted except in private clubs, and bars holding a liquor license in the City of Gloucester.  Those machines shall be equipped with lock-out devices which are to be kept in good working order and shall not be located in any entryway, but shall be located within the establishment and in the direct line of sight of the bartender.

(H)  Packaging.  Sale or distribution of tobacco products in any form other than original factory-wrapped package is prohibited.
 

SECTION 9:   ENFORCEMENT

(A)      Violations of Sections 4,5,6 & 7 of these regulations are punishable as follows:   i.         Any person who smokes in a nonsmoking area shall be subject to a fine of             twenty-five dollars ($25) for each violation except that any person who    smokes in a school, in a school bus or on school property shall be subject to a   fine of twenty-five ($25) dollars for the first violation, fifty ($50) dollars for the   second violation, and one hundred ($100) dollars for the third and subsequent   violation.
ii.        Any proprietor or other person in charge who violates this regulation shall be      subject to a fine in the amount of fifty dollars ($50) for the first offense, one hundred  dollars ($100) for the second offense and two hundred dollars ($200) for a third or subsequent offense. Each day on which any violation exists shall be considered a separate offense.
iii.      If the facility is a food service establishment, suspension of any food service license issued by the Board for a period of two days for each day of noncompliance after a third violation.
iv.        In addition to the remedies provided by (i), (ii) and above, the Board of Health or any person aggrieved by the failure of the proprietor or other person in charge of a public place or workplace to comply with any provisions of this subsection may apply for injunctive relief to enforce the provision of this subsection in any court of competent jurisdiction.
v.      Any person aggrieved by the failure or refusal to comply with restrictions in any place covered by these regulations may complain in writing to the Board of Health.  The Board of Health shall respond in writing within fifteen days to the complainant that the location as described in the complaint has been inspected and the appropriate section of the regulation has been enforced.
vi.     The Board of Health, its staff, or other officials who may be designated by the Board, shall enforce this regulation.
vii. Any High School student smoking within the area bounded by Gloucester High School, Emerson Avenue, Centennial Avenue, Western Avenue, and the Annisquam River on school days between the hours of 7:00 a.m. and 4:00 p.m. shall be subject to a fine of twenty-five ($25) for the first violation, fifty ($50)  dollars for the second violation, and on hundred ($100) dollars for the third and subsequent violation.

(B)   Violations of Section 8 of these regulations are punishable as follows:
I.         Any tobacco sales permit holder or person who fails to comply with provisions (A), (B), (C), (D), (E), (F), (G) and (H)  of this section shall be punished as follows: By either a fine of one hundred dollars ($100.00) or facility manager attendance at a Board of Health sponsored retailer education class for the first offense (if attendance at a retailer training class is selected, the next subsequent offense will be considered the first offense and must be punished by payment of the one hundred dollar fine); Revocation of the Tobacco Sales Permit for five days for the second offense; Revocation of the Tobacco Sales Permit for ninety days for the third offense; and permanent revocation of
           Tobacco Sales Permit for the fourth offense. The above schedule of penalties
shall be valid for a two-year period beginning April 1, 1997 and every two years thereafter. Offenses occurring within the same two-year period shall be punishable as described above. Each successive two-year period begins the punishment process anew, except for the permanent revocation of Tobacco
Sales Permit, which shall extend for the duration of the facility.

           Quarterly compliance checks may be performed to ascertain compliance with                   Section 10.

ii.        Revocation of Tobacco Sales Permit may be appealed to the Board of Health by the aggrieved party within ten (10) days of revocation of Tobacco Sales Permit.
iii.     The Board of Health, its staff, or other officials who may be designated by the Board, shall enforce this regulation.

(C) Payment of Fines

           Fines as specified above shall be payable to the City of Gloucester in person or
by mail to the office of the Board of Health within 30 days of receipt of notice.
 

SECTION 10:   APPEAL FROM ORDER OF INSPECTOR, REGULATION OR REQUIREMENT

Any person aggrieved by the above-stated regulation, requirement thereof, or direction of an inspector enforcing said regulation by reason of structural configuration or restrains, under any of the preceding sections of the regulation with exception of Section 10, may, within thirty (30) days after service of grievance thereof, appeal to the full Board of Health for a waiver by filing a written request outlining the specific circumstances for such a waiver.

After such notice, the Board shall direct all parties interested to appear for a hearing, which shall be held before a quorum of the full Board of Health at an early and convenient time and place fixed by it, to examine the matter and hear the parties.  The decision of the majority of said Board subsequent to hearing may alter, annul or affirm  such order requirement or direction.  Such decision shall have the same authority, force and effect as the original regulation or decision.
 

SECTION 11:  SEVERABILITY

If any provision of these regulations is declared invalid or unenforceable, the other provisions shall not be affected thereby but shall continue in full force and effect.
 
 
 
 
 
 
 

SECTION 12:  EFFECTIVE DATE

Amendments to these regulations are effective June 1, 2001.
 
 
 
 

ADOPTED:    3/10/94
  REVISED:    2/04/99
 REVISED:    5/04/00
          REVISED:   1/18/01
REVISED:      5/01/01
          REVISED:    7/05/01
                            REVISED:     2/07/02
 
 
 
 
 
 
 
 
 
 

REGULATIONS FOR PRIVATE WELLS

1. PURPOSE
These regulations are intended to protect the public health and general welfare by ensuring that private wells are constructed in a manner which will protect the
quality of the groundwater derived from private wells.

2. AUTHORITY

These regulations are adopted by the City of Gloucester Board of Health, as authorized by Massachusetts General Laws, Chapter 111, Section 31.  These regulations supercede all previous regulations adopted by the Board of Health pursuant to the construction of private wells.
 

3. DEFINITIONS

Agent:  Any person designated and authorized by the Board to execute these regulations.  The agent shall have all the authority of the appointing Board and shall be directly responsible to the Board under its direction and control.
 
 

Applicant:  Any person who intends to have a private well constructed.

Aquifer:  A water bearing geologic formation, group of formations, or part of a formation that contains sufficient saturated permeable material to yield significant quantities of water to wells and springs.
 

Board:  The Board of Health of the City of Gloucester, Massachusetts or its authorized agent.

Business of Digging or Drilling:  A person who charges a fee for digging or drilling a well, or a person who advertises for hire the availability to dig or drill wells within the Commonwealth of Massachusetts.
 

Certified Laboratory: Any laboratory which has full certification by the Department of Environmental Protection as provided in the most recent edition of “Certification Status of Commercial Environmental Laboratories.”
 

Person:  An individual, corporation, company, association, trust or partnership.

Private Well: Any dug, driven or drilled hole, with a depth greater than its largest surface diameter developed to supply water intended and/or used for human  consumption and not subject to regulation by 310 CMR 22.00: DRINKING WATER REGULATIONS.
 
 

Pumping Test: A procedure used to determine the characteristics of a well and adjacent aquifer by installing and operating a pump.
Registered Well Driller: Any person registered with the Department of Environmental Management / Division of Water Resources to dig or drill wells in the Commonwealth of Massachusetts.
 

Right of Way (ROW): Any roadway or thoroughfare on which public passage is made, and any corridor of land over which facilities such as railroads, pipelines, powerlines, conduits, channels, or communications lines are located.

Static Water Level: The level of water in a well under no-pumping conditions.

Structure:  A combination of materials assembled at a fixed location to give support or shelter, such as a building, framework, retaining wall, fence or the like.

4. WELL CONSTRUCTION PERMIT

The property owner or his designated representative shall obtain a permit from the Board of Health prior to the commencement of construction of a private well.

A non-refundable application fee will be charged to the applicant at the time of submission of the permit application.  The amount of the fee will depend upon the current approved fee schedule.
 
 

Each permit application to construct a well shall include the following:

1. The property owner’s name and address.

2. The well driller’s name and proof of valid state registration.

3. A plan with a specified scale, signed by a registered surveyor or engineer, showing the location of the proposed well in relation to existing or proposed above or below ground structures.
 

4. A description and location of visible prior and current land used within five-hundred (500) feet of the proposed  well location, which represent a potential source of contamination, including but not limited to the following:
 
 

 a. existing and proposed structures
 b. subsurface sewage disposal systems
 c. subsurface fuel storage tanks
 d. public ways
 e. utility rights-of-way
 f. water lines
 g. sewer lines
 h. lot lines
 i. surface and subsurface drains, including drywells

5. A permit fee of $100.00. [Fee is subject to change at any time by vote of the Board of Health]

The permit shall be on site at all times that the work is taking place. Each permit shall expire one (1) year from the date of issuance unless revoked for cause.  Permits may be extended for one additional six-month period provided that a written request is received by the Board prior to the one-year expiration date.

Well construction permits are not transferable.

5. WATER SUPPLY CERTIFICATE

The issuance of a Water Supply Certificate by the Board shall certify that the private well may be used as a drinking water supply.  A Water Supply Certificate must be issued for the use of a private well prior to the issuance of an occupancy permit for an existing structure or prior to the issuance of a building permit for new construction which is to be served by the well.

In the case where an individual subsurface sewage disposal system (ISDS) will be installed on the lot, the initial plan submitted with the application for the ISDS shall include the information listed in section 4 above if a private well is to be constructed on the lot.
 

The following shall be submitted to the Board of Health to obtain a Water Supply Certificate:

1. A well construction permit.

2. A copy of the Water Well Completion Report as required by the division of Water Resources (313 CMR 3.00).
 3. A copy of the Pumping Test Report required pursuant to Section 7 of these regulations.

4. A copy of the Water Quality report required pursuant to Section 8 of these regulations.

Upon receipt and review of the above documents, the Board shall make a final decision on the application for a Water Supply Certificate.  A final decision shall be in writing and shall comprise one of the following actions:
 
 

1. Issue a Water Supply Certificate.

2. Deny the applicant a Water Supply Certificate and specify the reason for denial.

3. Issue a conditional Water Supply Certificate with those conditions which the Board deems necessary to ensure fitness, purity, and quantity of the water derived from that private well.  Said conditions may include, but not be limited to requiring treatment or additional testing of the water.

6. WELL LOCATION AND USE REQUIREMENTS

Each private well shall be accessible for repair, maintenance, testing, and inspection.  The well shall be completed in a water bearing formation that will produce the required quantity of water under normal operating conditions.
 
 

CATEGORY 1: SETBACK REQUIREMENTS

 Potential Contamination Source            Minimum Lateral Distance

 Subsurface sewage disposal system     150 feet
 leaching area, cesspool, seepage pit

 Subsurface sewage disposal system     150 feet
 leaching reserve area

 Septic tank                  50 feet

 Municipal sewers, building sewer                             50 feet
 
 
 

CATEGORY 2:    MINIMUM SETBACK REQUIREMENTS
 

  Component   Minimum Lateral Distances

  Property Line          10 feet

  Rights-of Way          25 feet

  Swimming Pools         20 feet

  Subsurface Drains        25 feet

  Watercourse, Stream or Wetland      25 feet
 

********************************************************************************************
The Board reserves the right to impose minimum lateral distance requirement from other potential sources of contamination not listed above.  All such special well location requirements shall be listed, in writing, as a condition of the well construction permit.
 

 No private well, or its associated distribution system, shall be connected to either the distribution system of a public water supply system or any type of waste distribution system.
 
 

It is recommended that no well of any type intended for use as a potable water supply shall be installed where a municipal supply of water is accessible adjoining the property and where permission to connect to such a supply can be obtained from the authority having jurisdiction over it.
 
 
 
 

7. WATER QUANTITY REQUIREMENTS

1. A pump test will be performed at a rate equal to the quantity of water required by design.  The pump shall be operated  continuously until a static level is determined.

2. Every well used as a potable supply shall supply a sufficient quantity of water to meet the ordinary needs of the users, and shall yield a minimum of two gallons per minute after a four hour pump test.
 

3. All demands for water shall be provided from storage in a pressure tank.

4. A well log shall be submitted on forms furnished by the Board of Health and file for public record with the Board of Health office. A permit to construct an individual sewage disposal system (ISDS) will not be issued until said log is received by the Board. The well log shall include as a minimum:

    a. well depth
    b. log of well lithology
    c. static water level
    d. pump test static level
    e. well yield
    f. depth of casing.

 5.    Disinfection requirements:

        Upon completion of construction, rehabilitation, or pump repair,        the well shall be disinfected with a solution containing at   least         100 ppm available chlorine.  The well shall remain in contact             with the chlorine solution for a minimum of 24 hours.
 

8. WATER QUALITY TESTING REQUIREMENTS

After the well has been completed and disinfected, and prior to using it as a drinking water supply, a water quality test shall be conducted.

A water sample shall be collected after the disinfection procedure.  The water sample to be tested shall be collected at the pump discharge or from a disinfected tap in the pump discharge line.  In no event shall a water treatment device be installed prior to sampling.
 

The water quality test, utilizing EPA approved methods for drinking water testing (not methods used for analyzing wastewater), shall be conducted by a certified laboratory and shall include analysis for the following minimum parameters:

 PARAMETER   MAXIMUM ACCEPTABLE LIMIT

REQUIRED:

Total Coliform Bacteria    0/100 ml
Nitrogen (Nitrate)     10 mg/L
Sodium      20 mg/L

OPTIONAL:

 Turbidity      1 Turbidity Unit
 pH       8.5
 Odor       Threshold number 3
 Color       15 Color units
 Taste       ------
 Hardness      200 mg/L
 Sodium      20 mg/L
 Manganese      0.05 mg/L
 Iron       0.3 mg/L

The water quality report submitted with the well permit application shall include:

1. A copy of the certified laboratory’s test results.

2. The name of the individual who performed the sampling.

3. Where in the system the water sample was obtained.
 Additional chemical and physical analyses, including testing for volatile organic compounds (EPA 624), herbicides, pesticides, and any additional parameters may be required, as well as retesting of the above parameters, when, in the opinion of the Board, it is necessary because of local conditions or for the protection of the public health, safety and welfare.  All costs and laboratory arrangements and procedures for the water testing are the responsibility of the applicant.

9.        WELL CONSTRUCTION REQUIREMENTS

1.  Pursuant to 313 CMR 3.00, no person in the business of digging or drilling shall construct a well unless registered with the Department of Environmental      Protection, Division of Water Resources.
 

2.      Any work involving the connection of the private well to the distribution system of the residence must conform to the local plumbing code.  All electrical connections between the well and the pump controls and all piping between the

well and the storage and/or pressure tank in the building must be made by a
pump installer or registered well driller, including the installation of the pump and
appurtenance in the well or building.

10. DECOMMISSIONING AND REGISTRATION REQUIREMENTS

A. Decommissioning Wells

Abandoned wells, test holes, and borings shall be decommissioned so as to prevent the well, including the annular space outside the casing, from being a channel allowing the vertical movement of water.
 

The owner of the private well shall decommission the well if the well meets any of the following criteria:

1. Construction of the well is terminated prior to the completion of the well.

2.   The well owner notifies the Board that the use of the well is to be
       permanently discontinued.

3. The well has, after extended use, been out of service for at least one year.

4. The well is a potential hazard to public health or safety and the situation cannot be corrected.

5.  The well is in such a state of disrepair that it’s continued use is impractical.
 6. The well has the potential for transmitting contaminants from the land surface into an aquifer or from one aquifer to another and the situation cannot be corrected.

7. The well is not the primary source of potable water and municipal water is available to provide a source of potable water.

8. The well has not been used within one year of installation.

9. The requirements of this regulation have not been met to the satisfaction of the Board.

The property owner shall be responsible for ensuring that all abandoned wells and test holes or borings associated with private well installations are properly plugged.  Only registered well drillers may plug abandoned wells, test holes, and borings.

In the case of new well construction, all test holes and borings shall be plugged before the well driller completes work at the site.

B. Registration of older wells

Private wells installed prior to the adoption of these regulations must be registered with the Board, on a form provided by the Board specifically for the registration of wells.
 

As a minimum, registration of a well will provide the name of the owner of the property, the street address, and the assessor’s map and lot number.

11. ENFORCEMENT

The Board shall investigate violations of these regulations and/or violations of any Water Supply Certificate conditions, and may take such actions as the Board deems necessary for the protection of the public health and the enforcement of these regulations.
 

If an investigation reveals a violation of these regulations, or the Water Supply certificate conditions, the Board shall order the private well owner to comply with the violate provisions.
 

These orders shall be in writing and served in the following manner:
a. Personally, by any person authorized to serve civil process, or;  b.  By any person authorized to serve civil process by leaving a                   copy of the order at the well owner’s last and usual place of         abode, or;
c. By sending the well owner a copy of the order by registered or certified mail, return receipt requested, if the well owner is within the Commonwealth, or;
 d.  If the well owner’s last and usual place of abode is unknown                 or outside the Commonwealth, by posting a copy of the order                in a conspicuous place on or about the premises and by                        advertising it for at least three of five consecutive days in one                or more newspapers of general circulation within the City of                   Gloucester.

12. HEARING

The private well owner to whom any order has been served may request a hearing before the Board by filing with the Board within 7 days after the day the order was served, a written petition requesting a hearing on the matter.  Upon receipt of such petition, the Board shall set a time and place for such hearing and shall inform the well owner thereof in writing.  The hearing shall be commenced not later than 30 days after the day on which the order was served.  The Board, upon application of the well owner, may postpone the date of hearing for a reasonable time beyond such 30 day period if in the judgment of the Board the well owner has submitted a good and sufficient reason for such postponement.  At the hearing the well owner shall be given an opportunity to be heard and to show why the order should be modified or withdrawn.  After the hearing, the Board shall sustain, modify, or withdraw the order and shall inform the well owner in writing of its decision.  If the Board sustains or modifies the order, it shall be carried out within the time period allotted in the original order or in the modification.

Every notice, order, or other record prepared by the Board in connection with the hearing shall be entered as a matter of public record in the office of the Board of Health.

If a written petition for a hearing is not filed with the Board within 7 days after the day an order has been served or if after a hearing, order has been sustained in any part, each day’s failure to comply with the order as issued or modified shall constitute an additional offense.

13. PENALTIES

Any person who violates any provisions of these regulations, or who fails to comply with any order by the Board, for which a penalty is not otherwise provided in any of the General Laws shall upon conviction be fined no less than ten nor  more than five hundred dollars.  Each day’s failure to comply with an order shall constitute a separate violation.

14. VARIANCE

The Board may, after a public hearing, grant a variance to the application of these regulations, when, in its opinion, the enforcement thereof would do manifest injustice, and the applicant has demonstrated that the equivalent degree of protection will still be provided to the private water supply without strict application to the particular provisions of these regulations.

Every request for a variance shall be made in writing and shall state the specific variance sought and the reasons thereof.  The writing shall contain all the information needed to assure the Board that, despite the issuance of a variance, the public health and the environment will be protected.  Notice of the hearing shall be given by the Board, at the applicant’s expense, at least ten days prior thereto, by certified mail to all abutters of the property upon which the private well is located and by publication in a newspaper of general circulation in the City of Gloucester.  The notice shall include a statement of the variance sought and the reasons thereof.

Any grant or denial of a variance shall be in writing and shall contain a brief statement of the reasons for approving or denying the variance.  A copy of each variance shall be conspicuously posted for thirty (30) days following its issuance and shall be available to the public at all reasonable hours in the Office of the Board of Health.  No work shall be done under any variance until thirty (30) days elapse from its issuance, unless the Board certifies in writing that an emergency exists.
 

Any variance may be subject to such qualification, revocation, suspension, condition, or expiration as is provided in these regulations or as the Board expresses in its grant of the variance.  A variance may otherwise be revoked, modified, or suspended, in whole or in part, only after the holder thereof has been notified in writing and has been given an opportunity to be heard, pursuant to these regulations.

15. SEVERABILITY

If any provision of these regulations or the application thereof is held to be invalid by a court of competent jurisdiction the invalidity shall be limited to said provision, and the remainder of these regulations shall remain valid and effective.  Any part of these regulations subsequently invalidated by a new state law or modification of an existing state law shall automatically be brought into conformity with the new or amended law and shall be deemed to be effective immediately, without recourse to a public hearing and the customary procedures for amendment or repeal of such regulation.
16. EFFECTIVE DATE

These regulations were adopted by unanimous vote of the Gloucester Board of Health, at their regularly scheduled meeting held on October 4, 1990, and are to be in full force and effect on and after October 15, 1990.
 

These regulations or any portions thereof may be amended, supplemented, or repealed from time to time by the Board, with notice as provided by law, on its own motion or by petition.

17. DISCLAIMER

The issuance of a well permit shall not be constructed as a guarantee by the Board or its agents that the water system will function satisfactorily nor that the water supply will be of sufficient quality or quantity for its intended use.
ADOPTED 10/4/90
APPENDIX C  MONITORING PLAN

Introduction

The City of Gloucester Wastewater Management Plan (WMP) proposes to conduct Title 5 septic system inspections in areas of the City known to exhibit septic system related fecal coliform pollution.  Six such areas, or Priority Drainage Areas (PDA’s), have been selected to date and include the Little River, Walker Creek, Jones River, Rust Island, Magnolia Beach, and Freshwater Cove drainage areas.  In addition to the areas defined above it is possible that other drainage basins may warrant PDA status.

Objectives & Approach

The intent of this study is to perform sampling for fecal coliform bacteria in various surface streams and storm drain outfalls within the City to determine if the creation of additional PDA’s is warranted.  Sampling sites will include all known surface and storm drains which drain unsewered areas not already designated as PDA’s or as part of the North Gloucester Experimental Area.  Sampling will occur biweekly over a one year period and will be performed in wet and dry weather in order to evaluate seasonal and storm-related aspects of potential pollution problems.

If a particular stream or drain exhibits fecal coliform contamination, additional parameters  including fecal streptococcus and optical brighteners will be added to the analytical regiment for that site.  Optical  brightener.....       CHANGE whole paragraph to say that fecal coliform and OB will be done in conjunction.
 

Methodology

FC, OB, Flow, Number of days since most recent rain event, Amount of rain in most recent rain event.

Criteria for the Establishment of New PDA’s

When a surface stream or storm drain included in this monitoring program consistently contains greater than 14 fecal coliform colonies per 100 ml (National Shellfish Sanitation Program clean water shellfish standard) and the fecal coliform pollution is determined to be of human origin, the area drained by that stream or storm drain shall be included as a new PDA.  The creation of new PDA’s shall be jointly determined by Office of the board of health and DEP staff.