TOWN OF NANTUCKET BOARD OF HEALTH
Regulations
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TOWN OF NANTUCKET BOARD OF HEALTH
UPGRADING OF SUBSTANDARD ON-SITE
SEWAGE DISPOSAL SYSTEMS
LOCAL REGULATIONS 66.00
66.00 upgrading of substandard on site sewage disposal systems.
A. purpose.
These regulations are intended
to protect the public health and general welfare by ensuring the upgrading
of substandard sewage disposal systems in a manner which will protect the
quality of the ground water on the Island of Nantucket.
B. Authority.
These regulations
are adopted by the town of Nantucket’s Board of Health as authorized by
Massachusetts general Laws, Chapter 111, Section 31.
66.01 Compliance requirements .
A. Systems of domestic sewage disposal which do not presently comply with the minimum standards specified by the state and local regulations shall be brought in to compliance when:
A.1 An application for a building permit for which expansion of the existing system is required is filed with the proper departments. The soil absorption system shall comply with the maximum separation and/or set back distance attainable up to 300 feet without the use of a lift pump.
A.2 Any property transfer, not exempt, takes place. Exempt property transfers are defined in section 66.03 B.
66.02 Compliance standards.
A. All subject systems shall comply with the minimum standards of the 1978 State Sanitary Code, and with current local regulations to the maximum extent possible, meaning that systems shall be located as close to the horizontal separation distance requirements as lot contours and size allow unless the attainable increase in required horizontal separation distance is 20 feet or less. Systems which can not meet 1978 Title Five standards shall require a variance (sec. 67.06).
B. Prior to selling, conveying, or transferring title to real property in Nantucket which contains an existing system, the owner thereof shall have had an inspection of said system by a system inspector certified by the State, indicating that said system is functioning, non-functioning, or in failed condition.
C. The inspection shall take place not more than 270 days
prior to, or 180 days after the transfer of property. The Agent of
the Board of Health must receive the signed official inspection form and/or
Certificate of Compliance within seven (7) days of the inspection.
66.03 EXEMPTIONS.
A. The systems described in the following paragraphs shall be exempt from this upgrade regulation to the extent therein provided.
A.1 Any system complying with the 1978 State Sanitary Code as evidenced by an “as-built” plan on file with the Nantucket Board of Health which permit is dated less than three (3) years from the date of transfer and has proof of annual pumping shall be exempt from this compliance standard and no inspection of the system shall be required.
A.2 Any system which complies with the 1978 State Sanitary Code as evidenced by an “as-built” plan on file with the Nantucket Board of Health which has been inspected less than three (3) years from date of transfer and has proof of annual pumping shall be exempt from these compliance standards and no inspection of the system shall be required.
B. Any transfer of real-estate which qualifies for a (b) through (l) exemption, inclusive, from the Nantucket Island Land Bank fee imposed by Chapter 669 of the acts of 1983 of the Commonwealth of Massachusetts, as amended, as more specifically set forth in Section 12 of such Act, as amended shall also be exempt from these upgrade upon transfer compliance requirements unless said transfer is to a third party for fair market, monetary consideration.
C. Whenever a person has submitted a subdivision, or preliminary subdivision plan followed within 7 months by a definitive plan, or a plan referred to in M.G.L. Chapter 41, Section 81P as the case may be, the land shown on such plan shall be governed by the provisions of the State Environmental Code and Board of Health Regulations, if any, which differ from the health codes which are in effect at the time of first submission of the plan. Such provisions shall apply while the plan is processed until rejected, or if approved, until three (3) years from the date of filing pursuant to M.G.L. Chapter 111 Section 127P.
D. Notwithstanding the general effective date of these regulations
in section 67.08, the effective date of this upgrade upon transfer requirement
(Section 66.01 A. 2 et. Sec.) shall be February 1, 1991.
ADDENDUM TO 72.06 VARIANCE PROCEEDURES
B. Variance for Food Service Establishment/Restaurant:
The owner of a food service establishment may apply to the Board of
Health for a variance of the prohibition of smoking in his/her establishment.
Application shall be made in writing to the Board of Health, stating the
reasons and justifications for the request. The Board of Health shall
conduct a public hearing on the request, at which the owner or operator
shall present the request and the basis for the request. The Board
of Health may grant the requested variance, provided:
B-1. The number of seats in the Food Service
Establishment/Restaurant
covered by the
Variance does not exceed
20% of the
establishments total seating
capacity. Including
the bar/lounge area;
B-2. The ventilated smoking area of the Food Service
Establishment/Restaurant
occupies a separate,
enclosed room.
B-3. The smoking area should be designated such that
it does not require
dining patrons to pass
through any portion
of the ventilated smoking
area to access public
restrooms or when entering
or exiting the establishment.
TOWN 0F NANTUCKET BOARD OF HEALTH
CLUSTER & MAJOR RESIDENTIAL
SUBDIVISION REGULATIONS
LOCAL REGULATION 60.00
60.01 REQUIRED APPROVALS
A. In addition to the requirements of 310 CMR 15.216 of the State
Sanitary Code , all cluster subdivisions
and major residential
development subdivisions shall file
and have approved by the local
Board of Health, a master plan of septic
system and well locations in
conformity with Local Board of Health
Regulations 62 (Private Well
Regulations) & 64 ( On Site
Sewage
Disposal Systems).
See sections 139 - 7B & F of the Nantucket Zoneing Code.
TOWN OF NANTUCKET BOARD OF HEALTH
TOBACCO CONTROL REGULATIONS
LOCAL REGULATION 72.00
The 1986 Surgeon General’s Report on “Health Consequences of Involuntary Smoking” clearly documents that non-smokers are placed at risk for developing disease as a result of exposure to environmental tobacco smoke, or secondhand smoke. In 1993, the Environmental Protection Agency classified environmental tobacco smoke as a known carcinogen. Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution, and that breathing secondhand smoke is a cause of disease, including lung cancer, in nonsmokers.
Exposure to environmental tobacco smoke presents a serious and substantial public health risk. Of particular concern is the workplace environment of nonsmokers, where they may be subjected to sustained, involuntary exposure. At special risk are children, the elderly, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease.
Studies have shown that vending machines afford an opportunity for unauthorized sale of cigarettes to minors. Evidence further demonstrates that tobacco is extremely addictive. Approximately 80% of all smokers begin smoking before age eighteen and more than 3,000 young people begin smoking every day in this nation.
72.01 AUTHORITY.
A. The town of Nantucket, pursuant to Massachusetts General Laws, Chapter 111, Section 31, adopts these regulations as reasonable health regulations designed to protect and improve the health of its residents.
72.02 DEFINITIONS.
A. Bar or Lounge – An establishment with or without a food service license, devoted primarily to serving alcoholic beverages for consumption by guests on the premises, in which the consumption of food is incidental only to the consumption of such beverages.
B. Employee - A person who performs services for wages or other considerations.
C. Employer - A person, partnership, association, corporation, company or other organized group, including the County / Town of Nantucket and any department or agency thereof, and any municipal entity, which utilizes the services of two (2) or more employees.
D. Food Service Establishment – An establishment having
one or more
seats at which food is served to the
public that is a covered area/or
located within a permanent structure.
E. Function Room/Hall – A separate , enclosed room used for private
Functions within a food service establishment.
F. Minor - A person under eighteen (18) years of age.
G. Public Place - An enclosed, indoor area that is open to and used by the general public, including and not limited to the following facilities; licensed child care facilities; educational facilities; clinics; nursing homes; all elevators, stairwells, halls, lobbies and entranceways accessible to the public; bars or lounges; common areas (not including actual sleeping quarters) of guest houses, bed & breakfasts, inns, hotels and motels; food service establishments; public restrooms; laundromats; hair salons, barbershops; libraries; municipal buildings; museums; retail food establishments; indoor sports arenas; enclosed shopping malls; theaters; auditoriums; public transit facilities; and, any function rooms / halls when used for public meetings or public social functions. A function room / hall used for a private social function, in which the sponsor of the private function not the owner or proprietor has control over the seating arrangements, shall not be construed as a public place.
H. Smoking - The lighting of, or having in ones possession any lighted cigarette, cigar, or pipe.
I. Tobacco - Cigarettes, cigars, snuff, chewing tobacco or tobacco
in
any of
its forms.
J. Tobacco vending machines - A mechanical or electrical device which dispenses tobacco products by self service, with or without the assistance of a clerk or operator.
K. Ventilation System - A mechanical or electrical device or system
capable
of removing contaminated air from an enclosed space at a
rate of
60 cubic feet per minute.
L. Workplace - Any area within a structure or portion thereof in which
two (2) or more employees perform services
for their employer. It
also includes employee lounges, restrooms,
dining areas, conference
rooms, hallways, stairways, and entranceways.
72.03 PROHIBITION OF SMOKING IN PUBLIC PLACES.
A. Smoking shall be prohibited in all public places (as defined in Section 72.02 G) as of March 1st, 1997.
72.04 PROHIBITION OF SMOKING IN FOOD SERVICE ESTABLISHMENTS, LOUNGES AND BARS.
A. Smoking shall be prohibited in all food service establishments,
and bars or lounges as defined in Section 72.02 Definitions, as of January
2, 2000.
72.05 WORKPLACE.
A. It shall be unlawful for any person to smoke in any workplace except in specifically designated smoking areas as described in section 72.04 B.
B. Each employer may specifically designate enclosed areas in which employees may smoke, provided, however that comparable nonsmoking areas of adequate size and capacity are available, and provided further, that physical barriers and separate ventilation systems, vented directly to the outside, are used to segregate smoking areas from nonsmoking areas.
C. Smoking areas shall be such that smoke is not able to migrate into nonsmoking areas. Common areas, including hallways, elevators, entranceways, stairwells, restrooms, and waiting areas listed in 72.02 D may not be designated as smoking areas. Areas designated as smoking and nonsmoking must be conspicuously marked.
D. Plans of the design of the ventilation system
and the maintenance
Schedule for the designated
smoking area must be approved by the
Nantucket Board of
Health. Said ventilation system shall provide a
minimum ventilation
rate of 60 cubic feet per minute. Annual
inspection by a qualified
HVAC Contractor or otherwise qualified
professional approved
by the Nantucket Board of Health shall be
required to assure
satisfactory compliance with ventilation
requirements.
This annual report must be submitted to the Nantucket
Health Department
in writing prior to the issuance or renewal of any
permit or license.
D. Each person having control of premises upon which smoking is prohibited by this regulation shall not knowingly permit a violation of this regulation.
72.06 POSTING.
A. Every person having control of a premises where smoking is prohibited by this regulation, shall conspicuously displayed on the premises, including the primary entrance doorways signs reading “Smoking prohibited by law”. Posting of the international symbol for “no smoking” ( consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be deemed as compliance.
72.07 VARIANCE PROCEEDURES
A. Variance for Bar or Lounge: The owner of a bar or lounge may
apply to the Board of Health for the variance of the prohibition
of smoking in each bar or lounge. Application shall be made in writing
to the Board of Health, stating the reasons and justification for the request.
The Board of Health shall conduct a public hearing on the request, at
Which time the owner or operator shall present
the request and the
basis for the request. The Board of
Health may grant the requested
Variance, provided the bar or lounge is equipped
with a ventilation
system as defined herein.
72.08 SALES AND DISTRUBUTION OF TOBACCO PRODUCTS.
A. PERMIT - To monitor compliance of the sale of tobacco products, permits will be issued. No person, firm, corporation, establishment or agency, shall sell tobacco products within the Town of Nantucket without a valid Tobacco Sales Permit issued by the Board of Health. Permits must be posted in a manner conspicuous to the public. Tobacco Sales Permits must be renewed annually at a time and fee set forth by the Board of Health.
B. Sales to Minors - In conformance with Massachusetts General Laws Chapter 270, Section 6, no person, firm, corporation, establishment, or agency, shall sell tobacco products to a minor. Each employee working in an establishment licensed to sell tobacco products shall be required to read the Board of Health Regulations and State Laws regarding the sale of tobacco, and sign a form indicating that such regulations / laws have been read and understood, a copy of which must be placed on file in the office of the employer and retained. Such signed forms must be made available for inspection, during the license holder’s normal business hours upon request of the agent of the Board of Health.
C. Distribution of Tobacco Products - No person, firm, corporation, establishment, or agency shall distribute tobacco products free of charge or in connection with a commercial or promotional endeavor within the Town of Nantucket. Such endeavors include, but are not limited to, product “giveaways” or distribution of a tobacco product as an incentive, prize, award, or bonus in a game, contest, or tournament involving skill or chance. Such restrictions shall not apply to use of coupons from magazines, newspapers, periodicals or attached to packaging. All distributors / retailers of tobacco products or tobacco merchandise must require that the customer present a valid state issued picture identification card or drivers license with appropriate photograph to confirm that the customer is of a legal age to purchase the tobacco products.
D. Restrictions on Self-service (freestanding) Tobacco Displays
- It has been shown that self-service (freestanding) tobacco displays encourage
illegal activity by youth and provide youth with easier access to tobacco
products. Therefore, tobacco products on freestanding displays in
retail locations, where a tobacco product may be selected by the customer,
shall be restricted in the following manner:
1. self-service (freestanding) displays shall be permitted
only on a checkout counter / register, in full view of a
clerk and at a distance of no more than five (5) feet from
the clerk.
2. no floor displays shall be permitted.
3. If a checkout counter / register is not staffed, the tobacco
products must be in an enclosed, locked case
or
otherwise inaccessible for self service.
72.09 VIOLATIONS AND PENALTIES.
A. Violations of this smoking regulation will be subject to the provisions of the Regulations of the Town of Nantucket regarding non-criminal disposition.
B. Any person who knowingly violates any provision of this Regulation, or who smokes in a municipal area subject to Regulation, in which a “Smoking Prohibited by Law” sign or its equivalent is conspicuously displayed, shall be punished by a fine of up to $50.00 dollars for each offense.
C. Any proprietors(s) or other person(s) in charge of a
public place or
workplace, including municipal
entities, who fail(s) to comply with these regulations shall be subject
to the following actions for each offense:
1. a warning shall be issued for a first offense. A fine
of up to $100.00 dollars may be issued for a second offense, up to $200.00
dollars for a third offense, up to $300.00 dollars for a fourth offense,
and up to $300.00 for any subsequent offense; and
2. Following the second offense the Board of Health may, after
a public hearing, suspend any license for that public place for a period
of up to two days for each day of non-compliance, or withhold renewal of
license . Following a third offense, the Board of Health may suspend
an existing permit / license for a period of time determined by the Board
of Health until compliance is achieved.
D. Persons, firms, corporations, or agencies selling tobacco products to minors or selling tobacco products without a Tobacco Sales Permit shall be punished by a fine of not more than $300.00 per day for each day of such violation and/or suspension of the Tobacco Sales Permit.
E. In addition to the remedies provided by 72.07 B, 72.07 C, and 72.07 D 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 provision of this subsection may apply for injunctive relief to enforce the provisions of this subsection in any court of competent jurisdiction.
72.10 SEVEREABILITY.
A. 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.
72.11 OTHER APPLICABLE LAWS.
A. The Board of Health or its enforcement officer(s) shall enforce this Regulation. Any violation of these regulations may be enforced and punished by the provisions of the Code of Nantucket Administrative Legislation, General Provisions, Section 1.1 et seq. Non criminal disposition.
B. Any citizen who desires to register a complaint of non-compliance under this regulation may do so by contacting the Health Department.
72.12 EFFECTIVE DATE.
These regulations shall be effective as of April 1, 1999.
As Amended March 31, 1999
32.0 REGULATIONS PROHIBITING DUMPING OF SEWAGE IN
ISLAND WATERWAYS.
32.01 DISPOSAL OF REFUSE.
A. No person shall dispose of, or if in control of any vehicle, boat or other conveyance, allow to be disposed of, in or on any way to which the public has access, or in or on any stream, pond, creek, waterway, estuary, harbor, beach or foreshore in the Town of Nantucket, any garbage, refuse, bottles, cans, containers, gray water, treated or untreated sewage or other refuse material of any kind or nature.
32.02 PENALTY.
A. Any person violating this Regulation shall be
punished by a fine of not more
than $200.00 for
each offence.
Approved August 14, 1985
TOWN OF NANTUCKET BOARD OF HEALTH
REGULATIONS
SHELLFISH OPENING FACILITIES
LOCAL REGULATION 37.00
A. Purpose
This Section 37.00 is intended to protect the public health of shellfish
consumers by regulating and controlling the shucking/initial storage facilities
of licensed commercial shellfish takers
B. Authority
This Section 37.00 is adopted by the Town of Nantucket Board of Health
( “The Board”) as authorized by M.G.L. c. 111 ss. 31.
C. Preamble
This Section 37.00 shall supplement the provisions of federal, state
and local law applicable to the handling, processing, and storage of potentially
hazardous foods, including without limitation: 105 CMR 5333.00 et
seq. and the guidelines established by the Massachusetts Department of
Public Health, Division of Food and Drugs. In the event of any conflict
between this Section 37.00 and such provisions of federal, state and local
law, the more strict provision shall apply.
D. Definitions
Terms used in this Section 37.00 shall have the meanings:
1. As defined in this Section 37.00 or, if not defined herein,
2. as defined in 105 CMR.533 et seq. or if not defined therein,
3. as defined in 21 CFR 110.3 or if not defined therein
4. as defined in the 1999 Revised National Shellfish Sanitation Program (NSSP) Model Ordinance or, if not defined therein
5. as used in common usage .
B. Adequate – means that which
is needed to accomplish the intended
purpose in keeping with good public health practices.
Assure -
means to make best efforts within the reasonable limits of
manpower and resources to fulfill the objectives of this
Section 37.00.
Cross Connection – means an unprotected actual
or potential
connection between a potable water supply and any source
or system containing unapproved water or a substance that
is not or cannot be approved as safe and potable.
Sanitize - means to adequately treat
food contact surfaces by a process
that is effective in:
1. destroying vegetative cells of microorganisms of public
health significance;
2. substantial reducing the numbers of other undesirable microorganisms; and
3. not adversely affecting the product or its safety for the consumer.
37.00 REGULATIONS FOR LICENSED SHUCKING FACILITIES.
37.01 CONSTRUCTION.
A. All shucking facilities shall be fully enclosed and utilized for the expressed purpose of shellfish shucking only. The room or rooms used for shucking shall be effectively separated from other rooms or spaces in the building by a suitable full partition or walls.
B. All walls and ceilings shall be constructed as to be impervious, smooth, easily cleanable washable, light colored, corrosion resistant, free from cracks and uneven surfaces and in good repair.
C. All floors shall be corrosion resistant, easily cleanable, impervious, free from cracks and uneven surfaces, and shall be graded to provide adequate drainage in all areas where floors are subject to flooding type cleaning or where normal operations release or discharge water or other liquid waste on the floor and shall have sealed junctions between floors and walls to render them impervious to water.
D.
Shucking benches shall be impervious, smooth, non-
absorbent and constructed from nontoxic, corrosion resistant
material, free from cracks and constructed in such a way as
drainage is complete and directed away from all shellfish.
Corners shall be rounded and/or coved to facilitate cleaning
and prohibit the growth of bacteria.
E. All shellfish contact surfaces shall be protected from
contamination from drip condensate (condensation) from
fixtures, ducts, pipes, etc.
F. Any lighting fixtures, light bulbs, skylights or other glass
suspended over shellfish processing
areas shall be of the
safety type or protected to prevent
food contamination in case
of breakage.
G. All areas of the shellfish processing facility shall be
maintained free from insects, rodents,
and other pests.
Effective measures shall be taken to
exclude pests from the
processing areas and to protect against
the contamination of
shellfish on the premises by pests.
H. Cleaning compounds, hazardous materials, rodenticides and
insecticides shall be stored so as to
prevent contamination of
shucked shell fish.
37.02 WASTE RECEPTICALS.
A. A suitable number of waste containers shall be provided, and
no waste allowed to accumulate except
within these
containers. All containers shall
be emptied regularly and
cleaned at the end of each days use.
Rubbish and any offal
shall be so conveyed, stored and disposed
of as to minimize
the development of odor, minimize the
potential for waste
becoming an attractant and harborage
place for pests and
protect against contamination of shellfish,
shellfish contact
surfaces, water supplies and ground
surfaces.
37.03 WATER SUPPLY.
A. Water supply shall be from a source approved by the Board of
Health.
B. Cross connections shall not be present within or service the facility.
C. Each enclosed shucking facility shall have, within
the
shucking facility, a three
compartment sink capable of
providing both hot
and cold running water. Paper towels
shall be provided within
the shucking facility. A single bay of
a three bay sink may
serve as an appropriate hand washing
station.
C.
D. Hot water for hand washing shall be provided at 120 degrees
D. F minimum.
E Following each days operation, all shellfish
contact surfaces
shall be cleaned and sanitized
with 170 degree F water or
washed with a sanitizer
or bleach solution containing no less
than 50 ppm of available
chlorine at a temperature of not less
than 75 degrees F.
F. Ice shall be from a source approved by the Board of Health.
37.04 UTENSILS & EQUIPMENT – CONSTRUCTION.
A. All utensils utilized in the shucking of shellfish shall be of
corrosion-resistant, non-absorbent,
non-toxic, smooth
material, which will not
readily crack or disintegrate. All
seams and joints shall have
a smooth surface for ease of
cleaning.
37.05 UTENSILS AND EQUIPMENT – CLEANING.
A. As frequently as is necessary to protect against contamination of food, all utensils utilized in the shucking of shellfish shall be cleaned and sanitized in a three bay sink with a three step process consisting of immersion in a wash solution followed by a separate rinse solution and finally sanitized by immersion in 180 degree F water or immersion in a sanitizer or chlorine bleach solution containing no less than 50 ppm of available chlorine at a temperature of not less than 75 degrees F.
37.06 TOILET FACILITIES.
A. Toilet facilities shall be provided.
B. Toilet facilities shall not be located in any room where shellfish
are opened, shucked, stored, handled, or packed.
C. The doors of all toilet facilities shall be self closing, and shall
not open directly
into rooms where shellfish are opened,
shucked, stored, handled,
or packed.
D. Toilet facilities shall be adequate for the number of employees and
readily accessable to employees. Employees shall wash their hands thoroughly
prior to commencing work and before
resuming work following
each interruption and when their
hands may have become
soiled or contaminated. A sink or
wash basin with hot
and cold water under pressure, separate
from that required
within the shellfish shucking space, and
supplied with soap
and paper towels shall be provided
conveniently located
with respect to the toilet room.
E. Signs directing employees to wash hands after every work
interruption shall
be conspicuously posted.
37.07 PERSONNEL.
A. The use of all tobacco products
within the shucking facility is
Prohibited.
B. Any person who has an illness, open lesion including boils, sores, or infected wounds, or any other abnormal source of microbial contamination by which there is a reasonable possibility of shellfish, shellfish contact surfaces or shellfish packing or storage materials becoming contaminated shall be excluded from any operations which may be expected to result in such contamination until the condition is corrected.
C. Individuals shall thoroughly wash and sanitize hands as
necessary to
protect against contamination with undesirable
microorganisms.
D. Individuals shall not eat within scallop shucking facilities.
37.08 REFRIGERATION.
A. Adequate mechanical refrigeration shall be provided to
reduce product storage temperatures to 45 degrees F within
three hours, and maintain a temperature of 45 degrees F or
less for immediate storage of shucked shellfish.
37.09 PACKING CONTAINERS.
A. All shucked meats shall be packed in new or previously unused containers of metal or such materials as may be approved by the Department. These containers shall be clean and adequately sealed at time of packing. Prior to use, containers shall be stored in a sanitary manner and protected from contamination. Metal containers shall be sealed by a friction type cover. Sealing of other containers shall be adequate to protect shellfish from contamination and approved by the Board of Health and the Division of Marine Fisheries.
B. All containers shall be clearly labeled with all information and
permit numbers as required by the Massachusetts Department
of Public Health, Division of Food and Drugs.
C. All containers shall be clearly labeled with all information and
permit numbers as required by
the Department of Public
Health, Division of Food and Drugs.
37.10 TEMPERATURE CONTROL
A. All storage and transport of finished scallop products shall be
under conditions that will protect
the product against physical,
chemical, and microbiological
contamination .
37.11 FINE FOR VIOLATION.
A. The fine for a violation of any provision of these Rules and
regulations shall be $50.00 for the
first offence, $100.00 for the
second offence, and $ 300.00 for the
third and any continuing
offence. Each date a violation
continues shall be deemed a
separate offence.
37.12 NON CRIMINAL DISPOSITION.
A. In accordance with M.G.L. Chapter 40, Section 21D and
these
regulations, whoever violates any provision of these
Regulations for Licensed Opening Facilities – 37.00: Sections
37.00 through 37.11 may be penalized by utilization of the Town
of Nantucket non-criminal disposition (c. 1-2. 1-3, 1-4, 1-5, and
1.6 of the Code of Nantucket). Enforcing persons shall be: the
Health Officer, and the Assistant Health Officer.
Approved - June 4, 2003
Published – June 19, 2003
___________________ Finn Murphy – Chairman
___________________ Frank Spriggs
___________________ Timothy Soverino
___________________ Matthew Fee
___________________ Bruce Watts
TOWN OF NANTUCKET BOARD OF HEALTH
REGULATIONS
DEFINITIONS
LOCAL REGULATION 50.00
50.01 DEFINITIONS.
For the purpose of the Town of Nantucket Board of Health Regulations, the following terms shall have the following meanings, unless the context clearly requires otherwise. Terms expressed in the singular shall be construed to incorporate the plural, and vice versa, unless the context otherwise requires.
1978 code - Title Five of the Massachusetts Environmental Code. 310 CMR 15.000, as revised and in effect as of 1978.
Acre - a unit of land measure equal to 40,000 square feet which is considered a buildable acre in accordance with standard real estate practices,
Agency - an agency, department, board, commission, or authority of the Commonwealth or of the Federal Government and any authority of any political subdivision which is specifically created as an authority under special or general law. The term shall not include housing authorities permitted pursuant to M.G.L. c. 40A.
Alternative Systems. - systems designed to provide or enhance on-site sewage disposal which either do not contain all of the components of an on-site disposal system constructed in accordance with 310 CMR 15.001 through 15.293 or which contain components in addition to those specified in 310 CMR 15.100 through 15.293 and which are proposed to the local approving authority and/or the Department for remedial, pilot, provisional, or general use approval pursuant to 310 CMR 15.280 through 15.289.
Approving Authority. - A local approving authority as defined in 310 CMR 15.002; or the Department with regard to systems owned or operated by an agency of the Commonwealth or of the federal government, or on a case by case basis as determined by the Department to be necessary to carry out the purposes of 310 CMR 15.000.
ASTM. - The American Society of Testing and Measures.
Bank (coastal) - The seaward face or side of any elevated landform, other than a coastal dune which lies at the landward edge of a coastal beach, land subject to tidal action, or other wetland as defined in M.G.L. c. 131 ss 40 and 310 CMR 10.30 (2).
Bank (Inland) - A portion of the land surface which normally abuts and confines a water body as defined in M.G.L. c. 130 ss 40 and 310 CMR 10.54 (2).
Barrier Beach - A narrow low lying strip of land generally consisting of coastal beaches and coastal dunes extending roughly parallel to the trend of the coast, separated from the mainland by a narrow body of fresh, brackish, or saline water or a marsh system, as defined in M.G.L. c. 131 ss 40 and 310 CMR 10.29(2).
Bedrock. - Solid rock exposed at the surface or overlain by unconsolidated gravel, sand, silt, and/or clay. Bedrock includes weathered or saprolitic components thereof. Bedrock types are defined and most of their areal extent are described in the “Bedrock Geologic Map of Massachusetts” published by the Department of Public Works (2983).
Bedroom. - A room providing privacy, intended primarily for sleeping
and consisting of all of the following:
(a) floor space of no less than 70 square feet:
(b) for new construction, a ceiling height of no less than 7’3”.
(c) for existing houses and for mobile homes, a ceiling height
of no less than 7’.
(d) an electrical service and ventilation; and
(e) at least one window.
Living rooms, dining rooms, kitchens, halls, bathrooms, unfinished cellars and unheated storage areas over garages are not considered bedrooms. Single family dwellings shall be presumed to have at least three bedrooms. Where the total number of rooms for a single family dwellings exceeds eight, not including bedrooms, hallways unfinished cellars and unheated storage areas, the number of bedrooms presumed shall be calculated by dividing the total number of rooms by two then rounding down to the next lowest whole number. The applicant may design a system using design flows for a smaller number of bedrooms than are presumed in this definition by granting to the approving authority a deed restriction limiting the number of bedrooms to the smaller number. In addition to the above requirements; Where multiple buildings connect to a system, the number of bedrooms shall be determined as follows;
Where the total number of rooms meeting the requirements of (a) through (e) above in the several buildings exceeds eight not including bathrooms, hallways, unfinished cellars and unheated storage areas, the total number of bedrooms shall be calculated by dividing the total number of rooms by two, then rounding down to the next whole number.
The applicant may design a system using design flows for a smaller number of bedrooms than are presumed in this definition by granting to the approving authority, a deed restriction limiting the number of bedrooms to the smaller number.
Biological Mat - A layer composed microorganisms and organic material located below a soil absorption system which forms on the infiltrative surface of soil and which provides biological treatment of septic tank effluent.
Blackwater - Wastewater from toilets, urinals, and any drains equipped with garbage grinders.
Bordering Vegetated Wetlands - Shall mean any land or surface area so defined by the Massachusetts Wetlands Protection Act M.G.L. c.131, ss40 and 310 CMR 10.55(2).
Building - A structure enclosed within exterior walls or firewalls, built, erected, or framed of any material, weather portable or fixed, having a roof, to form a structure for the shelter of persons, animals, or property.
Building Sewer - A pipe which begins outside the inner face of a building wall and extends to an on site system or municipal, or private sewer.
Campground - A facility regulated pursuant to 105 CMR. 430.00 or 105 CMR 440.00 and any campground operated by the Department of Environmental Management in a State Park.
Cellar Wall - That portion of the inside surface of the foundation wall enclosing a full basement which is above the cellar floor and below the ground surface.
Certificate of Compliance or Certificate - A certificate issued by the approving authority to the owner or operator of a system in accordance with 310 CMR 15.021 indicating that an on site system has been constructed or upgraded, and inspected, as necessary in compliance with 310 CMR 15.00.
Certified System - An alternative system which has been approved by the Department for specified uses or site conditions pursuant to 310 CMR 15.288. Systems which have been certified may be approved for use by approving authorities without further Departmental review but subject to any limitations on their use imposed by the Department in 310 CMR 15.00.
Certified Vernal Pool - A surface water body that has been certified by the Massachusetts Division of Fisheries and Wildlife as a vernal pool in accordance with the ‘Vernal Pool Certification Guidelines” pursuant to the Massachusetts Natural Heritage and Endangered Species Program administered by the Massachusetts Department of Fisheries, Wildlife and Environmental Law Enforcement at the time a permit application is submitted to the approving authority.
Cesspool - A pit with open jointed linings or tiles in the bottom and/or sidewalls into which raw sewage is discharged the liquid portion of the sewage being disposed of by seeping or leaching into the surrounding soils, and the solids or sludge being retained in the pit. A Cesspool shall be considered a nonconforming system by definition.
Coastal Beach - Unconsolidated sediment subject to wave, tidal and coastal storm action which forms the gently sloping shore of a body of salt water and includes tidal flats, as more fully defined in M.G.L. c.131 ss 40 and 310 CMR 10.27 (2).
Commercial Sewage Waste - Non-toxic non-hazardous wastewater from commercial facilities , including but not limited to institutional and commercial food operations, self service laundries, and animal holding facilities.
Cover Materials - The soils placed on top of a soil absorption system to bring the area to finish grade.
Crown - The top of the internal cross section of a pipe or fitting.
Deep Observation Hole - An open pit dug to permit examination of the soils and to obtain data relative to the mean annual high groundwater elevation.
Department - The Massachusetts Department of Environmental Protection.
Design Flow - The quantity of sanitary sewage, expressed in gallons per day (gpd) for which a system must be designed in accordance with 310 CMR 15.203.
Designer - A registered Sanitarian or a Professional Engineer registered in the Commonwealth Of Massachusetts.
Disposal Area - The subsurface environment in which a soil absorption system or reserve area is located.
Disposal System - See on site system.
Disposal System Construction Permit or Permit - Written approval issued by the approving authority in accordance with 310 CMR 15.020 authorizing the construction, upgrade or expansion of a n on site system.
Disposal System Installer - A person licensed in accordance with 310 CMR 15.019, who constructs, repairs, or replaces an on site subsurface sewage disposal system.
Disposal System Installers Permit - A permit issued in accordance with 310 CMR 15.0109.
Distribution Box - A level, watertight structure which receives septic tank effluent and distributes it in substantially equal portions to distribution lines in a soil absorption system.
Distribution Line - A pipe which provides dispersion of septic tank effluent within a soil absorption system.
Dosing Chamber - A watertight structure placed between a septic tank and either a distribution box or a soil absorption system which is equipped with a pump designed to discharge septic tank effluent at a predetermined rate to a soil absorption system.
Dry Well - A pit with open jointed lining or holes through which storm water drainage from roofs, basement floors, foundations or other areas seep into the surrounding soil.
Dune - A coastal dune, as defined in M.G.L. c.131 ss 40 and 310 CMR 10.28(2).
Dwelling - A building which is used, intended, or designed for
human
habitation,
including but not limited, to houses, hotels, motels,
apartments,
mobile and modular homes and condominiums.
Effective Capacity - The liquid volume of a tank below the liquid level line.
Effluent - Sanitary sewage discharged into the environment, whether
or not
treated.
Emergency Repairs - The repair of a system which is necessary to prevent sewage backup into a building, surface breakout of sewage, or to alleviate an imminent danger to public health, safety or the environment in accordance with 310 CMR 15.353.
Facility - Any real property (including any abutting real property)
and any buildings thereon, which is served, is proposed to be served, or
could in the future be served by a system where:
(a) legal title is held or controlled by a single owner; or
(b) the local approving authority or the Department otherwise
determines such real property is in single ownership or control pursuant
to 310 CMR 15.011 (aggregation).
Failed Subsurface Sewage Disposal System or Failed System - A system which fails to protect public health and safety or the environment as set forth in 310 CMR 15.303 or 15.304.
Family Mobile Home Park - A facility upon which two or more mobile homes are located on a continual or seasonal non-recreational basis, regardless of whether a charge is made therefor.
Fill - The clean, uncontaminated, nonindigenous soil placed beneath, above, and/or around a soil absorption system, as specified in 310 CMR 15.201 through 15.293.
Grease Trap - A water tight structure located on a building sewer before a septic tank in which grease and oils are separated from other solid and liquid constituents of sewage and accumulated in accordance with 310 CMR 15.230.
Graywater - Any putrescible wastewater discharge from domestic activities including but not limited to washing machines, sinks, showers, bath tubs, dishwashers, or other source except toilets, urinals, and any drains equipped with garbage grinders.
Groundwater - Water found in cracks, fissures, and pore spaces in the saturated zone below the ground surface, including but not limited to perched groundwater.
Groundwater Quality Standards - The Massachusetts Groundwater Quality Standards - 314 CMR 6.00.
High Groundwater Elevation - As determined in accordance with 310 CMR
15.103, 15.104, and 15.107.
(a) Inland - The elevation above which in eight out of ten
consecutive years the ground water table
does not rise.
(b) Coastal - For groundwaters influenced by tidal action, the
average of the monthly spring tide high groundwater
level
as recorded over the most recent consecutive
19 year
period.
Housing for the Elderly - A facility restricted to use of adults over 55 years of age (in accordance with 42 USC 3601 et seq. As referenced in M.G.L. c. 151B subsection 4, paragraph 7.).
H - 10 Wheel Loading - Standard H - 10 truck loading as specified by the American Association of State Highway Officials.
H - 20 Wheel Loading - Standard H - 20 truck loading as specified by the American Association of State Highway Officials.
Humus / Composting Toilet - A self contained system consisting of a composter with a separate toilet fixture from which no liquid or solid waste materials are discharged to the surface or subsurface environment and from which a humus / compost - like end product is produced. Such systems may be approved for use only in accordance with the provisions of 310 CMR 15.280 through 15.289.
Impervious - material having a percolation rate greater than 60 minutes per inch for reasons including, but not limited to, the presence of bedrock, schist, peat, ledge, unconsolidated material, organic matter or topsoil or subsoil.
Industrial Waste - Any water-carried or locked waste resulting from any process or industry, manufacture, trade, business, or activity listed in 310 CMR 15.004.
Interim Wellhead Protection Area (IWPA) - An interim well-head protection area, as defined in Massachusetts drinking water regulations, 310 CMR 22.02. Generally, this is the half mile radius for sources whose approved pumping rate is 100,000 or greater. For smaller sources, the radius in feet is determined by multiplying the approved pumping rate in gallons per minute by 32, and adding 400
Invert - The lowest portion of the internal cross section of a pipe or fitting.
Irrigation Well - Any on-site source of groundwater not certified as a potable water supply by the local Board of Health or the Department in accordance with M.G.L. c. 111 subsection 122A and 160 or 310 CMR 22.00.
Local Approving Authority - The Board of Health or its authorized agent or an agent of the Health district constituted pursuant to M.G.L. c. 111 subsection 27 acting on behalf of the applicable board of health.
Local Upgrade Approval - An approval granted by the local approving authority allowing the owner or operator of a nonconforming system to perform an upgrade of the nonconforming system to the maximum feasible extent, all in accordance with the provisions of 310 CMR 15.401 through 15.405.
Long-Term Acceptance Rate (LTAR) - The stable rate of effluent acceptance through the biological mat of the soil absorption system measured in gallons per day per square foot (gpd/sf).
Maintenance - All activities required to assure the effective and continuous operation and performance of an on-site system including, but not limited to, solids and scum removal from the septic tank, re-leveling the distribution box, and the upgrade of one or more of the system components all as more fully described in 310 CMR 15.201 through 15.422.
Mobile Home - A single transportable structure on a chassis designed to be used, with or without a permanent foundation, as a dwelling. The support system of a mobile home is constructed so that the mobile home may be moved from time to time.
Modular Home - A prefabricated building designed and constructed to be used as a dwelling and to be transported in two or more sections to a site where the sections are permanently connected and installed on a permanent foundation.
Mottling Due To Wetness (Red Oximorphic Features) - A color pattern in soil consisting of blotches or spots of contrasting high and low chroma colors which may be an indication of the upper extent of soil saturation by ground water.
Multiple Compartment Tank - A septic tank containing more than one settling compartment in series.
Munsell System - The system of classifying soil color consisting of an alpha-numeric designation for hue, value and chroma together with a descriptive color name accepted by the USDA/SCS as a standard procedure in soil classification.
Naturally Occurring Pervious Material - Soil Exhibiting a percolation rate of 60 minutes or less per inch which was deposited on a site by natural causes and not by human action.
New Construction - The construction of a new building for which an occupancy permit is required or an increase in the actual or design flow to any nonconforming system or to any other system above the existing approved capacity. New construction shall not include replacement or repair of an existing building totally or partially destroyed or demolished if there is no increase in flow above the existing approved capacity to any system.
Nitrogen Sensitive Area - An area of land and/or natural resource area so designated by the Department in accordance with 310 CMR 15.215.
Nonconforming System - Any system which is not in full compliance with the standards and requirements of 310 CMR 15.00 and for which a variance or local upgrade approval has not been obtained. Nonconforming systems include, but are not limited to , cesspools, privies, failed systems, and systems with a design flow above 10,000 gpd.
Observed Ground - Water Elevation - That elevation below the ground surface at which water is observed weeping, flowing from the walls of, or standing in a deep observation hole.
On-site System or Disposal System or On-site Subsurface Sewage Disposal
System or System. - A system or series of systems for the treatment and
disposal of sanitary sewage below the ground surface on a facility.
(a) The standard components of a system are: a building
sewer; a septic tank to retain solids
and scum; a
distribution box; a soil absorption
system containing
effluent distribution lines to distribute
and treat septic tank
effluent prior to discharge to appropriate
subsurface soils;
and a reserve area.
(b) These terms also include tight tanks, shared systems and
alternate systems. Unless the
text of 310 CMR 15.00
indicates otherwise, these terms also
include non-
conforming systems.
Open Drain - Any uncovered ditch or culvert used for the conveyance
of surface water runoff or groundwater. A culvert that carries a
water course or intermittent stream is not a surface drain.
Operate - To use or occupy a facility served by an on-site system or to own a facility where such use or occupation exists.
Operator - A person who alone or together with other persons has charge or control of any system.
Owner - A person who, alone or together with other persons, has legal title to any facility served by a system or control of the facility, including but not limited to any agent, executor, administrator, trustee, lessee, or guardian of the estate for the holder of legal title.
Percolation Test - A field test to assess the suitability of soils in a defined area for the subsurface disposal of sanitary sewage as described at 310 CMR 15.106 and 15.107.
Person - Any individual, partnership, firm, association, authority, trust or group, including, but not limited to, a city, town, county, the Commonwealth and its agencies, and the federal government.
Privy - A structure used for the disposal of human wastes without water transport consisting of a shelter built over an unlined pit or vault in the ground into which waste is deposited. A privy is a non-conforming system.
Recirculating Sand Filter (RSF) - A biological and physical treatment process consisting of a bed of sand to which septic tank effluent is distributed and then collected with the collected effluent recirculated through the sand bed filter and/or recirculating tank prior to discharge in the soil absorption system.
Regulatory Floodway - The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height (typically one foot), the boundary of which is the area designated as floodway on the most recently available flood profile data prepared for the community within which the site is located under the National Flood Emergency Program (NFIP, currently administered by the Federal Emergency Management Agency, successor to the U.S. Department of Housing and Urban Development). Within this area flooding characterized by a significant velocity of flow is likely to occur.
Reserve Area - An area of land with demonstrated capacity for subsurface sewage disposal upon which no permanent structure shall be constructed and which is intended for replacement of the principal system should it fail.
Retirement Mobile Home Park - A facility upon which two or more mobile homes, restricted to use by adults over 55 years of age (in accordance with 42 USC 3601 et seq.) are located on a continual or seasonal non-recreational basis, regardless of whether a charge is made therefore.
Salt Marsh - A coastal wetland as defined in the Massachusetts Wetlands Protection Act M.G.L. c. 131 subsection 40, and the regulations promulgated pursuant thereto at 310 CMR 10.32(2).
Sanitary Sewage or Sewage - Greywater and blackwater from domestic, commercial and other non-industrial sources.
Saturated Zone - Any portion of the earth below the land surface where available openings (pores, fissures, joint or solution cavity) are filled with water.
Sanitary Sewer - Any system of pipes, conduits, pumping stations, force mains and all other structures and devices used for collecting and conveying wastewater to a public or private treatment works.
Scum - A mass of light solids, such as hair, grease, oils and soaps, floating on the surface on the wastewater in a septic tank.
Separation Distance - The clear distance between system components.
Septage - Material physically removed from any part of an on-site system, including, but not limited to, the solids, semi solids, scum, sludge and liquid contents of a septic tank, privy, chemical toilet, cesspool, holding tank, or other sewage waste receptacle. It does not include any material which is hazardous waste.
Septic System Additive - Any solid or liquid material or biological agent intended or used primarily for cleaning, treating, degreasing, unclogging, disinfecting, deodorizing, or otherwise effecting the performance of any component of an on-site system.
Septage Hauler - A person Licensed by an approving authority to remove septage from on site sewage desposal systems and transport it to an approved disposal location in accordance with 310 CMR 15.500.
Septage Hauler Permit - A permit issued pursuant to the authority of M.G.L. c. 111, subsection 31 and 310CMR 15.500 entitling a person to transport septage within the Commonwealth.
Septic Tank - A watertight receptacle to receive sewage from a building sewer which is designed and constructed to permit sufficient retention of wastewater to allow for the separation of scum and sludge and the partial digestion of organic matter before discharge of the liquid portion to a soil absorption system.
Septic Tank Effluent - The liquid portion of settled sewage which is discharged from the outlet of a septic tank to distribution lines in a soil absorption system.
Soil Absorption System - A system of trenches, galleries, chambers, pits, field(s) or Bed(s) together with effluent distribution lines and aggregate which is installed in appropriate soils to receive effluent from a septic tank and transmit it to a soil interface for treatment in a biological mat and disposal to the underlying soils.
Soil Evaluator - A person approved by the Department pursuant to 310 CMR 15.101 as capable of determining the suitability of a specific site for the use of an on-site subsurface sewage disposal system in compliance with 310 CMR 15.000.
Soil Texture - The relative proportions of sand, silt and clay in a
given soil medium as defined by the USDA-SCS.
Studio - A detached or attached building without bathroom facilities.
When a studio has access to a bathroom, and 1 or more rooms meeting the
criteria(s) below:
A. floor space of no less than 70 square feet;
B. for new construction, a ceiling height of not less than 7’3”;
C. for existing structures, a ceiling height of not less than
7’;
D. an electrical service and ventilation
E.
at least one widow,
each room shall be calculated as a bedroom.
Subsurface Drain - Any underground conduit used for the underground conveyance of surface or groundwater, including, but not limited to, stormwater culverts, curtain drains and French drains.
Surface Water - All waters other than groundwaters within the jurisdiction of the Commonwealth, including without limitation, rivers, streams, lakes, ponds, springs, reservoirs, impoundments, estuaries, wetlands, coastal waters and certified vernal pools.
Surface Water Supply - Any lake, pond, reservoir, or impoundment designated as a public water supply in the Massachusetts Surface Water Quality Standards 314 CMR 4.00.
System - see on-site system.
System Inspector - A person approved by the Department pursuant to 310 CMR 15.340 as capable of appropriately assessing the condition of systems in accordance with 310 CMR 15.000.
Temporary – A single time period or an accumulation of time periods not exceeding 180 total days in any 365-day period.
Tight Tank – A water tight vessel having an inlet to receive raw sewage but no outlet and which is designed and used to collect and store sewage until it is removed for disposal.
Title Five of the State Environmental Code, 310 CMR 15.000 – as amended and in effect as of march 31, 1995.
Treatment Works – Any and all devices, processes, and properties, real or personal, used in the collection, pumping, transmission, storage, treatment, disposal, recycling, reclamation or reuse of waterborn pollutants, including septage receiving facilities but not including any works receiving a hazardous waste from off the site of the works for the purpose of treatment, storage or disposal. Treatment works must be permitted by the Department pursuant to the authority of M.L.G. c. 21 subsections 27 through 52 and regulations thereunder.
Tributary to Surface Water Supply – Any body of running water, including a river, stream, brook or creek, which moves in a definite channel in the ground due to hydraulic gradient, and which is designated as a tributary to a public water supply in 314 CMR 4.06, provided that such water supply is a surface water supply as defined in 310 CMR 15.000. In the case of tributaries to those public water supplies (Ware, Quabin and Wachusett) to which the provisions of 350 CMR 11.00 (MDC Watershed Protection Regulations) apply, such tributaries shall be identified solely be reference to the maps identified in 350 CMR 11.07 (3) (most recent edition of Mass. GIS maps unless MDC submits more detailed maps to legislature in accordance with 350 CMR 11.07 (3). To aid in identifying the location of all other tributaries to a public water supply, reference may be made to a Department publication entitled Designated Outstanding Resource Waters of Massachusetts 1990, dated July 1993, as amended; such publication is intended solely as an informational aid to the applicant and in the event of conflicting information, the water supply regulations at 314 CMR 4.06 shall prevail.
USDA/SCS – The United States Department of Agriculture, Soil Conservation Service.
USGS – The United States Geological Survey, within the United States Department of the Interior.
UPGRADE – The modification of one or more components of an on-site system or the design and construction of a new on-site system which is intended to bring a nonconforming system into conformation with 310 CMR 15.000 to the maximum feasible extent. An emergency repair is not an upgrade.
Velocity Zone or V-zone – A coastal area of special flood hazard which extends from the mean low water line to the inland limit of the 100-year floodplain supporting waves greater than three feet in height. The boundary of a velocity zone shall be determined by reference to the National Flood Insurance Program flood data and Flood Insurance Rate Maps for each community.
Vernal Pool – See certified vernal pool.
Waters of the Commonwealth or waters or water bodies – All waters within the jurisdiction of the Commonwealth, including, without limitation, rivers, streams, lakes, ponds springs, impoundments, wetlands, estuaries, coastal waters, groundwaters, and vernal pools.
Watershed – Any region or area measured in a horizontal topographic devide which directs water runoff from precipitation, normally by gravity, into a stream, a body of impounded surface water, a coastal embayment or a water supply well.
Water Supply Well – Any public or private source of groundwater used for human consumption, including but not limited to, a source approved for such use by the local Board of Health or the Department in accordance with M.G.L. c. 111 subsection 122A or 310 CMR 22.00.
Wetland – Any land area or surface area so defined by the Massachusetts Wetlands Protection Act, M.G.L. c. 131 subsection 40 and Regulations promulgated pursuant thereto at 310CMR 10.00 or pursuant to subsection 404 of the Federal Water Pollution Control Act, 33 U.S.C. 1341.
Zone I – The protective radius required around a public water supply well or well field, as defined in Massachusetts drinking water regulations, 310 CMR 22.02. For public water supply system wells with approved yields of 100,000 gpd or greater, the protective radius is 400 feet. Tubelar well fields require a 250 protective radius. Protective radii for all other public water system wells are determined by the following equation: Zone I radius in feet = [150 x log of pumping rate in gpd] – 350.
Zone II – That area of an aquifer which contributes water to a well
under the most severe pumping and recharge conditions that can realistically
be anticipated, as defined in Massachusetts drinking water regulations,
310 CMR 22.02.
TOWN OF NANTUCKET BOARD OF HEALTH
SEPTIC SYSTEM REGULATIONS
LOCAL REGULATION 52.00
52.01 SUBMITTED SEPTAGE PLANS.
A. The submitted plan shall show as a minimum:
the lot to be served,
location
and dimensions of the system (including reserve area),
design calculations,
existing and proposed contours, location and
log of
deep observation hole, location and results of percolation
tests,
approved soils analysis forms, locations of any wetlands,
all known
sources of water supply within 200 feet of the soil
absorption
system, location of any proposed potable water supply
well to
serve the lot, location of water lines on the property,
maximum
ground water elevation in the area of the soil absorption
system
and a profile of the system. The plans shall be prepared by
a professional
engineer or other professional authorized by law to
prepare
such plans.
52.02 DISTANCES.
A. No soil absorption system shall be located or installed within 100 feet of a wetland,
A.1 On a lot
in existence prior to the effective date of these
regulations, where lot configuration and or maximum square
footage prohibit locating a soil absorption system the minimum
100 feet from a wetland, the soil absorption system shall have a
maximum design flow of 330 gallons per day.
B. soil absorption systems shall not be constructed in areas where the maximum ground water elevation is less than five (5) feet below the bottom of the soil absorption system.
52.03 PERMIT EXPIRATION
A. All systems for which a Disposal System
Construction Permit has
been issued shall be completed,
and the Certificate of Compliance
shall be obtained, within three
years of issuance of the permit.
Unless an extension pursuant to
Title Five 310 CMR 15.020(3) is
issued, the permit, and any variances
or local upgrade approvals
from 310 CMR 15.00 allowed therewith,
shall expire if the work
authorized by said permit is not
completed within a three year
period.
B. The local approving authority or the Department
may issue a written
one year extension to the Disposal
System Construction Permit and Certificate of Compliance expiration date,
upon the presentation of documented facts preventing the completion
of the approved system within the time frame of the original permit.
Only one extension shall be granted.
52.04 SEPTAGE FLOW ESTIMATES.
A. Sewage flow estimates shall be determined
using procedures given in Massachusetts State Environmental Code; Minimum
Requirements for the Subsurface Disposal of Sanitary Sewage: Title Five.
TOWN OF NANTUCKET BOARD OF HEALTH REGULATIONS
ON SITE SEWAGE DISPOSAL SYSTEMS
LOCAL REGULATION 64.00
64.01 ON SITE SEWAGE DISPOSAL SYSTEMS
A. Purpose
These regulations are intended to protect the public health and
general welfare by regulating
on site soil absorption systems in a
manner which will protect
the quality of the groundwater which
regulations are intended
to compliment Title Five of the State
Environmental Code.
B. Authority
These regulations are adopted by the Nantucket Board of Health
as
authorized by Massachusetts
General Laws, Chapter 111 Section 31.
These regulations, together with regulations 65.00 and 66.00 et
seq.,
supersede all previous regulations
adopted by the Board of Health
pursuant to the construction
of on site systems, except 51.00 et seq.,
52.0 et seq., and 60.00 et seq., and are intended to compliment
existing regulations 51.00 (Madaket Regulations) and 52.00 (Town Septic
Regulations) which are reaffirmed.
C. Preamble
The Board desires to compliment Title Five at this time because of
its determination that the State Environmental Code Title
Five Minimum Requirements for the Subsurface Disposal of Sanitary sewage
have not proven to be adequate in protecting ground and surface waters
from contamination by nutrients, bacteria, viruses, and hazardous materials
associated with septic systems effluent, particularly in areas with extremely
rapid infiltration rates, and in coastal areas characterized by tidally
induced ground water fluctuations, coastal flooding, and shifting sands.
Furthermore, the Board is concerned that given the predicted accelerating
rise in sea level attributed to global warming, leaching areas which initially
conform with the requirements of Title Five may gradually lose effectiveness
over time. Finally, consultants have also advised that large on site
sewage disposal systems may pose significant threats to ground and surface
waters that are not adequately addressed in Title Five.
64.01 GENERAL REQUIREMENTS FOR INDIVIDUAL DISPOSAL SYSTEMS.
A.Disposal Works Construction Permit,
No individual on site septic system or other means of sewage disposal,
shall be located, constructed, altered, repaired, or installed where a
common sanitary sewer is accessible adjoining the property and where permission
to enter such sewer can be obtained from the Authority having jurisdiction
over it (310 CMR 15.03 (11)) or if a common sanitary sewer is not accessible
until a permit for its location, construction, alteration, repair or installation
shall have been issued by the Board of Health. A permit shall not
be issued for any system of individual sewage disposal when the total volume
of the sewage to be disposed of on any lot is in excess of 10,000 gallons
per day, or where sewage treatment facilities are proposed on the lot to
be served, until the plans for such system have been approved by the Massachusetts
Department Of Environmental Protection in accordance with M.G.L., C 111
section 17. Where sewage flows on a lot exceed 10,000 gallons per
day, the Department of Environmental Protection may require additional
treatment of the waste prior to its disposal to the ground. The applicant
is also obligated to comply with any applicable requirements established
by the Division of Water pollution Control pursuant to M.G.L., C.21 section
43, and the Wetlands Protection Act M.G.L., C. 131 section 40.
B. Application for Disposal
Works Construction Permit.
An application for a Disposal Works Construction
Permit shall be
submitted to the Board of Health and must
be accompanied by a
plan of the proposed on site system.
Such permit shall be
invalidated if conditions different from those
set forth in the
application are found prior to or during actual
construction of
the individual system. In any event,
the permit so granted shall
expire in three (3) years from the date of
issue in accordance with
51.04 (a) unless construction of the system
is begun before the
expiration date.
C. Plan of on site System or Subsurface sewage
Disposal
System, or System.
The submitted plan must show as
a minimum: the lot to be
served, location
and dimensions of the system (including reserve
area), design
calculations, existing and proposed contours, location
and log of deep
observation holes, locations and results of
percolation
tests, location of any streams, surface and subsurface
drains and wetlands
within 100 feet of the system, known sources of
water supply
within 200 feet of the system, location of any proposed
well to serve
the lot, location of water lines on the property,
maximum ground
water elevation in the area of the soil absorption
system, and
a profile of the system. The plan must be prepared by a
Professional
Engineer or other professional authorized by law to
prepare such
a plan.
D. Use
The use of an
individual system shall be in compliance with the terms of the permit issued
therefore and shall not exceed the design capacity of the system. Design
capacity shall not be reduced for seasonal use.
E. Building or Plumbing Permits/Subdivision Plans.
No Building
Permit, foundation permit, special building permit or plumbing permit shall
be issued until a Disposal Works Construction Permit has been first obtained,
unless the Board of Health determines that the existing system is adequate
for a proposed alteration or addition to an existing dwelling.
F.Certificate of Compliance.
A new individual system and alteration and repairs to an existing
individual system shall not be placed in service, nor shall new dwellings
or buildings or additions thereto, which must rely on new individual systems
for sewage disposal; be occupied until the Board of Health has issued a
Certificate of Compliance indicating that said system has been located,
constructed, altered, or repaired in compliance with the terms of the permit
and the requirements of this regulation. The Board of Health shall
require inspection of all construction by the designer or agent of the
Board of Health and require him to certify in writing that all work has
been completed in accordance with the terms of the permit and the approved
plans. Such written certification by the designer is mandatory for
all work approved by the department of Environmental Protection with the
additional provision that a copy of the written certification must be submitted
to the Department of Environmental protection by the designer.
G. Fees.
A fee for the issuance of a construction permit to be charged
by the Board of Health at the time an application or permit renewal
is made, shall be in accordance with the current fee schedule as adopted
by the Board of Health.
H. Conditions for Permit Issuance.
In addition to the obligation to meet the general requirements
above, and those set forth in Title Five of the State Environmental Code
hereby incorporated by reference, no certificate of compliance and no permit
for the construction of an individual system shall be granted unless the
additional standards set forth in sections 64.02 through 64.06 are met.
64.02 DETERMINATION OF MAXIMUM GROUND WATER ELEVATION.
A. On any lot in the area to be used
for leaching, there will be at least
two deep observation holes
plus any additional number which in the
opinion of the Health Agent
will be necessary to determine the
consistency (or lack thereof)
of the character of the soil. The
observation holes shall
be examined to a depth of at least 4 feet
below the bottom of the
proposed leach facility, but in no case
shallower than 10 feet,
unless this depth is unattainable.
Ground water elevations
shall be determined by using 310 CMR
15.103 : (3) of the State
Sanitary Code- Title Five.
B. In addition to the requirements above, systems proposed
within the
100 year flood plain as indicated on FEMA
(Federal Emergency
Management Act) maps dated
June 3rd, 1986, as may be amended
from time to time (hereinafter referred to
as the “FEMA maps”),
maximum high ground water levels shall be
determined within 48
hours of spring high tide (bimonthly extreme
high tides, occurring
during new and full moon). A shallow
monitoring well shall be
installed at the location of the proposed leach
area for this purpose,
and water table measurements shall be made beginning
at high tide
and repeated hourly until the water table begins
to decline.
64.03 LOCATION OF SOILS ABSORPTION SYSTEMS.
A. All soils absorption systems shall be designed and located
so that at least six (6) feet of naturally occurring pervious material
remains between the bottom of the leach area and above the maximum ground
water elevation. The naturally occurring pervious material shall
have a percolation rate less than or equal to thirty (30) minutes per inch
or twenty (20) minutes per inch for systems over 2000 gallons per day and
the 6 foot vertical separation must be free of impervious materials, such
as layers of clay, silt, subsoil, or loam. No “mounded” systems as
defined below, constructed in fill, shall be permitted within the 100 year
floodplain shown on the current FEMA Maps on file with the Board of Health
(“FEMA Maps”) unless such mounded system is constructed as follows:
A1. The design engineer shall follow generally acceptable Engineering
Standards.
A2.”Mounded” soil absorption systems in FEMA Flood Zone “A” shall be protected from scour or erosion by floodwalls or levees. The structural grade or design elevation must be established to protect against the 100 year design flood, plus allowances for settlement and/or freeboard.
A3. Backflow devices approved under the Plumbing Code shall be installed to resist flood induced pressures at all locations where reverse flows can be expected. Approved backflow devices shall also be installed at water wells and water service lines to protect water systems from floodwater backflow or siphonage.
B. No system shall be permitted within coastal dunes, coastal beaches, or barrier beaches, as defined in Chapter 136 of the Nantucket Code and regulations adopted thereunder.
C. No system shall be permitted within actively eroding coastal banks or within stable coastal banks with a slope greater than 18% as defined in Chapter 136 of the Nantucket Code and regulations thereunder.
D. No system shall be permitted within the V zone shown on the “FEMA Maps”. On site septic systems constructed within the 100 year floodplain shown on “FEMA Maps” must be designed to minimize the discharge of contaminants during floods.
64.04 HORIZONTAL SETBACKS FOR LEACHING AREA,
A. No soils absorption system shall be installed within 300 feet
of any downgradient private wells, ponds, Nantucket Harbor, Madaket Harbor,
and open tidal waterways tributary to Madaket and Nantucket Harbors as
determined by a professional engineer or land surveyor.
A1. For the purposes of this section of this regulation only, a pond shall have as defined as a water body having a surface area of 10,000 square feet or greater.
A2. Pond surface areas shall be measured during the months of February through April.
B. All proposed soil absorption systems located in the “dome “areas shown on Map#2, HWH Report, March 1990, on file with the Board of Health shall be exempt from the 300 foot horizontal setback requirements but shall maintain a 100 foot setback from any downgradient private wells, ponds, Nantucket Harbor, Madaket harbor, and open tidal waterways tributary to Madaket and Nantucket harbors as determined be a professional engineer or land surveyor.
64.05 SEPTIC SYSTEM ACCESS.
A. Access and inspection holes for septic tanks and leach pits must be provided and brought up to grade or at grade for new construction.
B. Access and inspection hole covers must be a minimum diameter
of
eighteen
(18) inches and be of medium or heavier weight for the cast
iron ring
and cover.
64.06 RELIEF PROCEDURES FOR EXISTING LOTS.
A. Whenever a person has submitted a subdivision, or preliminary subdivision plan within 7 months by a definitive plan referred to in M.G.L. Chapter 41 subsection 81P as the case may be, and land shown on such plan shall be governed by the provisions of the State Environmental Code and Board of Health Regulations, if any, which differ from the codes which are in effect at the time of first submission of the plan. Such provisions shall apply while the plan is processed until rejected, or if approved, until 3 years from the date of filing pursuant to M.G.L. Chapter 111 subsection 127P.
B. Any lot referred to in a deed or shown on a plan duly recorded at the Nantucket Registry of Deeds or filed in Land registration office before the effective date of this regulation, August 31, 1990 shall comply with section 64.03 A and 64.04 of this regulation to the Maximum extent possible, meaning that soil absorption systems shall be located as close to the regulation distance requirements as lot size and contours permit. As a minimum requirement, no proposed soil absorption system shall be located within coastal dunes, barrier beaches, coastal banks, or V zones shown on the “FEMA maps” pursuant to Section 64.03 B,C,& D of this regulation and shall comply with current State Sanitary Code Title Five of the Environmental Code and other local regulations in effect prior to August 31, 1990.
In the
event that a pre-existing lot cannot comply with the 300 foot
horizontal
set back requirement set forth in Section 64.04 A and/or
the six
(6) foot separation requirement set forth in section 64.03 A of
these
regulations, then , in that event, the Board of Health, or its
agent,
shall grant to said lot an exemption from said requirements
upon the
following conditions:
B.1.
The applicant shall submit to the agent of the Board of Health a design
plan stamped by a professional engineer showing the location of the proposed
soils absorption system on said lot, the location of all wells, soils absorption
systems and waterbodies within 400 feet of said soils absorption system,
or as far from said locus as deemed necessary to determine that compliance
with this section cannot be met, and the groundwater gradient and direction
of flow for said lot (as determined by map # 2 HWH Report, March
1990 on file with the Board of Health.)
B.2.
For pre-existing vacant lots held in contiguous ownership prior to the
effective date of this regulation, August 31, 1990, the applicant shall
also file a stamped plan with such design and location information showing
maximum feasible compliance with the 300 foot down gradient set back
requirements and/or 6 foot vertical separation from ground water
requirement for contiguous lots abutting the subject lot.
B.3. Failed
soil absorption systems on an improved lot shall, if necessary, be relocated
on said lot at the time said soils absorption systems are replaced to the
maximum set back distances attainable up to 300 feet and/or maximum vertical
separation distance attainable up to 6 feet.
B.4.
Adjustments to pre-existing lot lines shall not subject said lot
to compliance with the 300 foot setback requirements on the condition that
such adjustments do not create an additional “buildable” lot and the distance
between the soils absorption system on said lot and water body is not diminished.
B.5
In addition to these requirements, on site systems constructed within the
100 year flood plain as shown on the current FEMA map shall be subject
to the engineering design requirements for “mounded” systems as set forth
in Section 64.03 A of this regulation.
64.07 SPECIAL VARIANCE.
The
Board of Health may issue variances in accordance with section 67.00 et
seq.. No variance shall be granted for a new on site septic system,
nor for an enlargement of an existing system which increases capacity to
accommodate additional flows, except after the applicant has notified all
abutters by certified mail / return reciept requested at his own expense
at least 10 days before the Board of Health meeting at which time the variance
request will be on the agenda. The notification shall state the specific
variance sought and the reason therefore. A variance may be issued
for an existing system without the requirement of notification of all abutters
by the applicant.
TOWN OF NANTUCKET BOARD OF HEALTH
REGULATIONS : INSPECTION AND UPGRADEING OF SUBSTANDARD SOIL ABSORPTION
SYSTEMS WITHIN THE NANTUCKET HARBOR WATERSHED PROTECTION DISTRICT
LOCAL REGULATIONS 68.00
68.00 INSPECTION AND UPGRADING OF ON SITE SEWAGE
DISPOSAL SYSTEMS.
A. Purpose.
Whereas the Nantucket Harbor Study of March 1997 as completed by the
Woods Hole Oceanographic Institution denotes increasing levels of nutrient
loading in Nantucket harbor, these Regulations are promulgated to
further limit said nutrient loading and to protect and enhance the quality
of ground water flowing into and affecting Nantucket’s harbor waters.
B. Authority.
These Regulations are adopted by the Town of Nantucket’s Board of Health
as authorized by Massachusetts General Laws, Chapter 111, Section 31.
68.01 Definition.
A. NANTUCKET HARBOR WATERSHED –
The area constituting the watershed for Nantucket Harbor, as described
in a technical report entitled “Nantucket Water Resource Management Plan,”
1990, by Horsley, Whitten, & Hegemenn, Inc., and as delineated on a
map entitled “Nantucket Harbor Watershed,” Nantucket GIS, dated January,
1999.
68.02 Compliance Requirements.
A. Properties utilizing in ground soil absorption systems located within Zone A of the Nantucket Harbor Water Shed District as established by these regulations and as demonstrated on a map entitled Nantucket Harbor Watershed District with 1000 foot Buffer Belt, shall have the existing soil absorption system inspected by a Massachusetts licensed system inspector within 18 months of promulgation of these Regulations. Said Inspection report shall be recorded with the Nantucket Health Department within 21 days of the completed inspection.
B. Properties utilizing in ground soil absorption systems
Located within Zone B of the Nantucket Harbor Water Shed District as
established by these Regulations and as demonstrated on a map entitled
Nantucket Harbor Watershed District with 1000 foot Buffer Belt, shall have
the existing soil absorption system inspected by a Massachusetts licensed
system inspector within 24 months of promulgation of these Regulations.
Said Inspection report shall be recorded with the Nantucket Health Department
within 21 days of the completed inspection.
68.03 Repairs to failed systems.
A. Systems meeting failure criteria as denoted on the Certificate of Compliance portion of the Town of Nantucket Board of Health Septic System Inspection Report form shall have the system brought into compliance with all State & Local Regulations within 6 months of the date of inspection.
68.04 Exemptions.
A. Properties which have been inspected and have both a Town of Nantucket Board of Health Septic System Inspection Report & a Certificate Of Compliance form filed with the Nantucket Health Department and dated within 24 months before promulgation of these Regulations are exempt from inspection and compliance standards as set forth in these Regulations.
68.05 Enforcement.
A. Enforcement of these Local Regulations shall be
effected through Town of Nantucket Board of
Health
Local Regulations 67.00 Miscellaneous
Provisions.
B. These regulations shall become effective upon the date of publication.
Nantucket Board of Health
____________________________
Timothy Soverino – Chairman
____________________________
Francis Santos
____________________________
Stephen Bender
____________________________
Matthew Fee
____________________________
Frank Spriggs
Date signed_________
Date Published_________
Town of Nantucket Board of Health Regulations
74.00 - Model Rules and Regulations for Body Art Establishments and
Practitioners
Section:
Purpose
page 1
Authority page 1
1. Definitions page 2
2. Exemptions page 6
3. Restrictions page 7
4. Operation of Body Art Establishments page 7
5. Standards of Practice page 13
6. Exposure Incident Report page 16
7. Injury Reports page 17
8. Complaints page 17
9. Application for Body Art Establishment Permit page 17
10. Application for Body Art Practitioner Permit page 18
11. Grounds for Denial of Permit, Revocation of Permit or Refusal topage
20
Renew Permit
12. Grounds for Suspension of Permit page 21
15. Procedure for Hearings page 21
16. Severability page 22
17. Fine for Violation page 22
18. Non-criminal Disposition page 22
19. Effective Date
page 22
Purpose
Whereas body art is becoming prevalent and popular throughout the Commonwealth; and whereas knowledge and practice of universal precautions, sanitation, personal hygiene, sterilization and aftercare requirements on the part of the practitioner should be demonstrated to prevent the transmission of disease or injury to the client and/or practitioner; now, therefore the Board of Health of the Town of Nantucket passes these rules and regulations for the practice of body art in the Town of Nantucket as part of our mission to protect the public health, safety and welfare of the public.
Authority
These regulations are promulgated under the authority granted to the
Board of Health under Massachusetts General Law 111, section 31.
74.01 -. Definitions
Aftercare means written instructions given to the client, specific to the body art procedure(s) rendered, about caring for the body art and surrounding area, including information about when to seek medical treatment, if necessary.
Applicant means any person who applies to the Board of Health for either a body art establishment permit or practitioner permit.
Autoclave means an apparatus for sterilization utilizing steam pressure at a specific temperature over a period of time.
Autoclaving means a process which results in the destruction of all forms of microbial life, including highly resistant spores, by the use of an autoclave for a minimum of thirty minutes at 20 pounds of pressure (PSI) at a temperature of 270 degrees Fahrenheit.
Bloodborne Pathogens Standard means OSHA Guidelines contained in 29 CFR 1910.1030, entitled "Occupational Exposure to Bloodborne Pathogens.”
Board of Health or Board means the Board of Health that has jurisdiction in the community in which a body art establishment is located including the Board or officer having like powers and duties in towns where there is no Board of Health.
Body Art means the practice of physical body adornment by permitted establishments and practitioners using, but not limited to, the following techniques: body piercing, tattooing, cosmetic tattooing, branding, and scarification. This definition does not include practices that are considered medical procedures by the Board of Registration in Medicine, such as implants under the skin, which procedures are prohibited.
Body Art Establishment or Establishment means a location, place, or business that has been granted a permit by the Board, whether public or private, where the practices of body art are performed, whether or not for profit.
Body Art Practitioner or Practitioner means a specifically identified individual who has been granted a permit by the Board to perform body art in an establishment that has been granted a permit by the Board.
Body Piercing means puncturing or penetrating the skin of a client with presterilized single?use needles and the insertion of presterilized jewelry or other adornment into the opening. This definition excludes piercing of the earlobe with a presterilized single-use stud-and-clasp system manufactured exclusively for ear-piercing.
Braiding means the cutting of strips of skin of a person, which strips are then to be intertwined with one another and placed onto such person so as to cause or allow the incised and interwoven strips of skin to heal in such intertwined condition.
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.
Cleaning area means the area in a Body Art Establishment used in the sterilization, sanitation or other cleaning of instruments or other equipment used for the practice of body art.
Client means a member of the public who requests a body art procedure at a body art establishment.
Contaminated Waste means waste as defined in 105 CMR 480.000: Storage and Disposal of Infectious or Physically Dangerous Medical or Biological Waste, State Sanitary Code, Chapter VIII and/or 29 Code of Federal Regulation part 1910.1030. This includes any liquid or semi-liquid blood or other potentially infectious material; contaminated items that would release blood or other potentially infectious material in a liquid or semi-liquid state if compressed; items on which there is dried blood or other potentially infectious material and which are capable of releasing these materials during handling; sharps and any wastes containing blood or other potentially infectious materials.
Cosmetic Tattooing, also known as permanent cosmetics, micro pigment implantation or dermal pigmentation, means the implantation of permanent pigment around the eyes, lips and cheeks of the face and hair imitation.
Disinfectant means a product registered as a disinfectant by the U.S. Environmental Protection Agency (EPA).
Disinfection means the destruction of disease-causing microorganisms on inan-imate objects or surfaces, thereby rendering these objects safe for use or handling.
Ear piercing means the puncturing of the lobe of the ear with a presterilized single-use stud-and-clasp ear-piercing system following the manufacturer's instructions.
Equipment means all machinery, including fixtures, containers, vessels, tools, devices, implements, furniture, display and storage areas, sinks, and all other apparatus and appurtenances used in connection with the operation of a body art establishment.
Exposure means an event whereby there is an eye, mouth or other mucus membrane, non-intact skin or parental contact with the blood or bodily fluids of another person or contact of an eye, mouth or other mucous membrane, non-intact skin or parental contact with other potentially infectious matter.
Hand Sink means a lavatory equipped with hot and cold running water under pressure, used solely for washing hands, arms, or other portions of the body.
Hot water means water that attains and maintains a temperature 110º-130ºF.
Instruments Used for Body Art means hand pieces, needles, needle bars, and other instruments that may come in contact with a client's body or may be exposed to bodily fluids during any body art procedure.
Invasive means entry into the client’s body either by incision or insertion of any instruments into or through the skin or mucosa, or by any other means intended to puncture, break, or otherwise compromise the skin or mucosa.
Jewelry means any ornament inserted into a newly pierced area, which must be made of surgical implant?grade stainless steel; solid 14k or 18k white or yellow gold, niobium, titanium, or platinum; or a dense, low?porosity plastic, which is free of nicks, scratches, or irregular surfaces and has been properly sterilized prior to use.
Light colored means a light reflectance value of 70 percent or greater.
Minor means any person under the age of eighteen (18) years.
Mobile Body Art Establishment means any trailer, truck, car, van, camper
or
other motorized or non-motorized vehicle, a shed, tent, movable structure,
bar, home or other facility wherein, or concert, fair, party or other
event
whereat one desires to or actually does conduct body art procedures,
excepting only a licensed Body Art Establishment.
Operator means any person who individually, or jointly or severally with others, owns, or controls an establishment, but is not a body art practitioner.
Permit means Board approval in writing to either (1) operate a body art establish-ment or (2) operate as a body art practitioner within a body art establishment. Board approval shall be granted solely for the practice of body art pursuant to these model regulations. Said permit is exclusive of the establishment’s compliance with other licensing or permitting requirements that may exist within community or political subdivision comprising the Board’s jurisdiction.
Person means an individual, any form of business or social organization or any other non?governmental legal entity, including but not limited to corporations, partnerships, limited?liability companies, associations, trusts or unincorporated organizations.
Physician means an individual licensed as a qualified physician by the Board of Registration in Medicine pursuant to M.G.L. c. 112 § 2.
Procedure surface means any surface of an inanimate object that contacts the client's unclothed body during a body art procedure, skin preparation of the area adjacent to and including the body art procedure, or any associated work area which may require sanitizing.
Sanitary means clean and free of agents of infection or disease.
Sanitize means the application of a U.S. EPA registered sanitizer on a cleaned surface in accordance with the label instructions.
Scarification means altering skin texture by cutting the skin and controlling the body’s healing process in order to produce wounds, which result in permanently raised wheals or bumps known as keloids.
Sharps means any object, sterile or contaminated, that may intentionally or accidentally cut or penetrate the skin or mucosa, including, but not limited to, needle devices, lancets, scalpel blades, razor blades, and broken glass.
Sharps Container means a puncture-resistant, leak-proof container that can be closed for handling, storage, transportation, and disposal and that is labeled with the International Biohazard Symbol.
Single Use Items means products or items that are intended for one-time, one-person use and are disposed of after use on each client, including, but not limited to, cotton swabs or balls, tissues or paper products, paper or plastic cups, gauze and sanitary coverings, razors, piercing needles, scalpel blades, stencils, ink cups, and protective gloves.
Sterilize means the use of a physical or chemical procedure to destroy all microbial life including highly resistant bacterial endospores.
Tattoo means the indelible mark, figure or decorative design introduced by insertion of dyes or pigments into or under the subcutaneous portion of the skin.
Tattooing means any method of placing ink or other pigment into or under the skin or mucosa by the aid of needles or any other instrument used to puncture the skin, resulting in permanent coloration of the skin or mucosa.
Temporary Body Art Establishment means the same as Mobile Body Art Establishment.
Three dimensional “3D” Body Art or Beading or Implantation means the form of body art consisting of or requiring the placement, injection or insertion of an object, device or other thing made of matters such as steel, titanium, rubber, latex, plastic, glass or other inert materials, beneath the surface of the skin of a person. This term does not include Body Piercing.
Ultrasonic Cleaning Unit means a unit approved by the Board, physically large enough to fully submerge instruments in liquid, which removes all foreign matter from the instruments by means of high frequency oscillations transmitted through the contained liquid.
Universal Precautions means a set of guidelines and controls, published
by the Centers for Disease Control and Prevention (CDC), as "Guidelines
for Prevention of Transmission of Human Immunodeficiency Virus (HIV) and
Hepatitis B Virus (HBV) to Health?Care and Public?Safety Workers" in Morbidity
and Mortality Weekly Report) (MMWR), June 23, 1989, Vo1.38 No. S?6, and
as "Recommendations for Preventing Transmission of Human Immunodeficiency
Virus and Hepatitis B Virus to Patients During Exposure?Prone Invasive
Procedures" in MMWR, July 12,1991, Vo1.40, No. RR?8. This method of infection
control requires the employer and the employee to assume that all human
blood and specified human body fluids are infectious for HIV, HBV, and
other blood pathogens. Precautions include hand washing; gloving; personal
protective equipment; injury prevention; and proper handling and disposal
of needles, other sharp instruments, and blood and body fluid?contaminated
products.
74.02 - Exemptions
(A) Physicians licensed in accordance with M.G.L. c. 112 § 2 who perform body art procedures as part of patient treatment are exempt from these regulations.
(B) Individuals who pierce only the lobe of the ear with a presterilized
single?use stud?and?clasp ear?piercing system are exempt from these regulations.
74.03 - Restrictions
(A) No tattooing, piercing of genitalia, branding or scarification shall be performed on a person under the age of 18.
(B) Body piercing, other than piercing the genitalia, may be performed on a person under the age of 18 provided that the person is accompanied by a properly identified parent, legal custodial parent or legal guardian who has signed a form consenting to such procedure.
(C) No body art shall be performed upon an animal.
(D) The following body piercings are hereby prohibited: piercing of the uvula; piercing of the tracheal area; piercing of the neck; piercing of the ankle; piercing between the ribs or vertebrae; piercing of the web area of the hand or foot; piercing of the lingual frenum (tongue web); piercing of the clitoris; any form of chest or deep muscle piercings, excluding the nipple; piercing of the anus; piercing of an eyelid, whether top or bottom; piercing of the gums; piercing or skewering of a testicle; so called “deep” piercing of the penis – meaning piercing through the shaft of the penis, or “trans-penis” piercing in any area from the corona glandis to the pubic bone; so called “deep” piercing of the scrotum – meaning piercing through the scrotum, or “transcrotal” piercing; so called “deep” piercing of the vagina – to include but not limited to – so-called “traingles.”
(E) The following practices hereby prohibited
unless performed by a medical doctor licensed by the Commonwealth of Massachusetts:
tongue splitting; braiding; three dimensional/beading/implementation
tooth filing/fracturing/removal; cartilage modification; amputation;
genital modification; introduction of saline or other liquids.
74.04 - Operation of Body Art Establishments
Unless otherwise ordered or approved by the Board, each body art establishment shall be constructed, operated and maintained to meet the following minimum requirements:
(A) Physical Plant
(1) Walls, floors, ceilings, and procedure surfaces shall be smooth, durable, free of open holes or cracks, light?colored, washable, and in good repair. Walls, floors, and ceilings shall be maintained in a clean condition. All procedure surfaces, including client chairs/benches, shall be of such construction as to be easily cleaned and sanitized after each client.
(2) Solid partitions or walls extending from floor to ceiling shall separate the establishment’s space from any other room used for human habitation, any food establishment or room where food is prepared, any hair salon, any retail sales, or any other such activity that may cause potential contamination of work surfaces.
(3) The establishment shall take all measures necessary to ensure against the presence or breeding of insects, vermin, and rodents within the establishment.
(4) Each operator area shall have a minimum of 45 square feet of floor space for each practitioner. Each establishment shall have an area that may be screened from public view for clients requesting privacy. Multiple body art stations shall be separated by a dividers or partition at a minimum.
(5) The establishment shall be well ventilated and provided with an artificial light source equivalent to at least 20 foot candles 3 feet off the floor, except that at least 100 foot candles shall be provided at the level where the body art procedure is being performed, and where instruments and sharps are assembled and all cleaning areas.
(6) All electrical outlets in operator areas and cleaning areas shall be equipped with approved ground fault (GFCI) protected receptacles.
(7) A separate, readily accessible hand sink with hot and cold running water under pressure, preferably equipped with wrist? or foot?operated controls and supplied with liquid soap, and disposable paper towels stored in fixed dispensers shall be readily accessible within the establishment. Each operator area shall have a hand sink.
(8) There shall be a sharps container in each operator area and each cleaning area.
(9) There shall be a minimum of one toilet room containing a toilet and sink. The toilet room shall be provided with toilet paper, liquid hand soap and paper towels stored in a fixed dispenser. A body art establishment permanently located within a retail shopping center, or similar setting housing multiple operations within one enclosed structure having shared entrance and exit points, shall not be required to provide a separate toilet room within such body art establishment if Board-approved toilet facilities are located in the retail shopping center within 300 feet of the body art establishment so as to be readily accessible to any client or practitioner.
(10) The public water supply entering a body art establishment shall be protected by a testable, reduced pressure back flow preventor installed in accordance with 142 Code of Massachusetts Regulation 248, as amended from time to time.
(11) At least one covered, foot operated waste receptacle shall be provided in each operator area and each toilet room. Receptacles in the operator area shall be emptied daily. Solid waste shall be stored in covered, leakproof, rodent-resistant containers and shall be removed from the premises at least weekly.
(12) At least one janitorial sink shall be provided in each body art establishment for use in cleaning the establishment and proper disposal of non-contaminated liquid wastes in accordance with all applicable Federal, state and local laws. Said sink shall be of adequate size equipped with hot and cold running water under pressure and permit the cleaning of the establishment and any equipment used for cleaning.
(13) All instruments and supplies shall be stored in clean, dry, and covered containers. Containers shall be kept in a secure area specifically dedicated to the storage of all instruments and supplies.
(14) The establishment shall have a cleaning area. Every cleaning area shall have an area for the placement of an autoclave or other sterilization unit located or positioned a minimum of 36 inches from the required ultrasonic cleaning unit.
(15) The establishment shall have a customer waiting area, exclusive and separate from any workstation, instrument storage area, cleaning area or any other area in the body art establishment used for body art activity.
(16) No animals of any kind shall be allowed in a body art establishment except service animals used by persons with disabilities (e.g., Seeing Eye dogs). Fish aquariums shall be allowed in waiting rooms and nonprocedural areas.
(17) Smoking, eating, or drinking is prohibited in the area where body art is performed, with the exception of fluids being offered to a client during or after a body art procedure.
(B) Requirements for Single Use Items Including Inks, Dyes and Pigments
(1) Single-use items shall not be used on more than one client for any reason. After use, all single-use sharps shall be immediately disposed of in approved sharps containers pursuant to 105 CMR 480.000.
(2) All products applied to the skin, such as but not limited to body art stencils, applicators, gauze and razors, shall be single use and disposable.
(3) Hollow bore needles or needles with cannula shall not be reused.
(4) All inks, dyes, pigments, solid core needles, and equipment shall be specifically manufactured for performing body art procedures and shall be used according to manufacturer's instructions.
(5) Inks, dyes or pigments may be mixed and may only be diluted with water from an approved potable source. Immediately before a tattoo is applied, the quantity of the dye to be used shall be transferred from the dye bottle and placed into single?use paper cups or plastic cups. Upon completion of the tattoo, these single-use cups or caps and their contents shall be discarded.
(C) Sanitation and Sterilization Measures and Procedures
(1) All non-disposable instruments used for body art, including all reusable solid core needles, pins and stylets, shall be cleaned thoroughly after each use by scrubbing with an appropriate soap or disinfectant solution and hot water, (to remove blood and tissue residue), and shall be placed in an ultrasonic unit sold for cleaning purposes under approval of the U.S. Food and Drug Administration and operated in accordance with manufacturer's instructions.
(2) After being cleaned, all non-disposable instruments used for body art shall be packed individually in sterilizer packs and subsequently sterilized in a steam autoclave sold for medical sterilization purposes under approval of the U.S. Food and Drug Adminstration. All sterilizer packs shall contain either a sterilizer indicator or internal temperature indicator. Sterilizer packs must be dated with an expiration date not to exceed six (6) months.
(3) The autoclave shall be used, cleaned, and maintained according to manufacturer's instruction. A copy of the manufacturer's recommended procedures for the operation of the autoclave must be available for inspection by the Board. Autoclaves shall be located away from workstations or areas frequented by the public.
(4) Each holder of a permit to operate a body art establishment shall demonstrate that the autoclave used is capable of attaining sterilization by monthly spore destruction tests. These tests shall be verified through an independent laboratory. The permit shall not be issued or renewed until documentation of the autoclave’s ability to destroy spores is received by the Board. These test records shall be retained by the operator for a period of three (3) years and made available to the Board upon request.
(5) All instruments used for body art procedures shall remain stored in sterile packages until just prior to the performance of a body art procedure. After sterilization, the instruments used in body art procedures shall be stored in a dry, clean cabinet or other tightly covered container reserved for the storage of such instruments.
(6) Sterile instruments may not be used if the package has been breached or after the expiration date without first repackaging and resterilizing.
(7) If the body art establishment uses only single?use, disposable instruments and products, and uses sterile supplies, an autoclave shall not be required.
(8) When assembling instruments used for body art procedures, the operator shall wear disposable medical gloves and use medically recognized techniques to ensure that the instruments and gloves are not contaminated.
(9) Reusable cloth items shall be mechanically washed with detergent and mechanically dried after each use. The cloth items shall be stored in a dry, clean environment until used.
(D) Posting Requirements
The following shall be prominently displayed:
(1) A Disclosure Statement, a model of which shall be available from the Board. A Disclosure Statement shall also be given to each client, advising him/her of the risks and possible consequences of body art procedures.
(2) The name, address and phone number of the Nantucket Board
of Health and the procedure for filing a complaint.
(3) An Emergency Plan, including:
(a) a plan for the purpose of contacting police, fire or emergency
medical services in the event of an emergency;
(b) a telephone in good working order shall be easily available and
accessible to all employees and clients during all hours of operation;
and
(c) a sign at or adjacent to the telephone indicating the correct emergency
telephone numbers.
(4) An occupancy and use permit as issued by the local building official.
(5) A current establishment permit.
(6) Each practitioner’s permit.
(E) Establishment Recordkeeping
(F)
The establishment shall maintain the following records in a secure place for a minimum of three (3) years, and such records shall be made available to the Board upon request:
(1) Establishment information, which shall include:
(a) establishment name;
(b) hours of operation;
(c) owner's name and address;
(d) a complete description of all body art procedures performed;
(e) an inventory of all instruments and body jewelry, all sharps,
and all inks used for any and all body art procedures, including names
of manufacturers and serial or lot numbers, if applicable. Invoices or
packing slips shall satisfy this requirement;
(f) A Material Safety Data Sheet, when available, for each ink
and dye used by the establishment; and
(f) copies of waste hauler manifests
(g) copies of commercial biological monitoring tests
(h) Exposure Incident Repot (kept permanently)
(j) a copy of these regulations.
(2) Employee information, which shall include:
(a) full legal names and exact duties;
(b) date of birth;
(c) home address;
(d) home /work phone numbers; and
(e) identification photograph;
(f) dates of employement;
(g) Hepatitis B vaccination status or declination notification; and
(h) training records
(3) Client Information, which shall include:
(a) name;
(b) age and valid identification
(c) address of the client;
(d) date of the procedure;
(e) name of the practitioner who performed the procedure(s);
(f) description of procedure(s) performed and the location on
the body;
(g) a signed consent form as specified by 6(D )(2); and,
(h) if the client is a person under the age of 18, proof of parental
or guardian identification, presence and consent including a copy of the
photographic identification of the parent or guardian.
Client information shall be kept confidential at all times.
(4) Exposure Control Plan
(F) No person shall establish or operate a Mobile or Temporary Body
Art
Establishment.
74.05 - Standards of Practice
Practitioners are required to comply with the following minimum health standards:
(A) A practitioner shall perform all body art procedures in accordance with Universal Precautions set forth by the U.S Centers for Disease Control and Prevention.
(B) A practitioner shall refuse service to any person who may be under the influence of alcohol or drugs.
(C) Practitioners who use ear?piercing systems must conform to the manufacturers directions for use, and to applicable U.S. Food and Drug Administration requirements. No practitioner shall use an ear piercing system on any part of the client’s body other than the lobe of the ear.
(D) Health History and Client Informed Consent. Prior to performing a body art procedure on a client, the practitioner shall:
(1) Inform the client, verbally and in writing that the following health conditions may increase health risks associated with receiving a body art procedure:
(a) history of diabetes;
(b) history of hemophilia (bleeding);
(c) history of skin diseases, skin lesions, or skin sensitivities to
soaps, disinfectants etc.;
(d) history of allergies or adverse reactions to pigments, dyes, or
other sensitivities;
(e) history of epilepsy, seizures, fainting, or narcolepsy;
(f) use of medications such as anticoagulants, which thin the blood
and/or interfere with blood clotting; and
(g) any other conditions such as hepatitis or HIV.
(2) Require that the client sign a form confirming that the above information was provided, that the client does not have a condition that prevents them from receiving body art, that the client consents to the performance of the body art procedure and that the client has been given the aftercare instructions as required by section 6(K).
(E) A practitioner shall maintain the highest degree of personal cleanliness, conform to best standard hygienic practices, and wear clean clothes when performing body art procedures. Before performing body art procedures, the practitioner must thoroughly wash their hands in hot running water with liquid soap, then rinse hands and dry with disposable paper towels. This shall be done as often as necessary to remove contaminants.
(F) In performing body art procedures, a practitioner shall wear disposable single-use gloves. Gloves shall be changed if they become pierced, torn, or otherwise contaminated by contact with any unclean surfaces or objects or by contact with a third person. The gloves shall be discarded, at a minimum, after the completion of each procedure on an individual client, and hands shall be washed in accordance with section (E) before the next set of gloves is put on. Under no circumstances shall a single pair of gloves be used on more than one person. The use of disposable single-use gloves does not preclude or substitute for handwashing procedures as part of a good personal hygiene program.
(G) The skin of the practitioner shall be free of rash or infection. No practitioner affected with boils, infected wounds, open sores, abrasions, weeping dermatological lesions or acute respiratory infection shall work in any area of a body art establishment in any capacity in which there is a likelihood that that person could contaminate body art equipment, supplies, or working surfaces with body substances or pathogenic organisms.
(H) Any item or instrument used for body art that is contaminated during the procedure shall be discarded and replaced immediately with a new disposable item or a new sterilized instrument or item before the procedure resumes.
(I) Preparation and care of a client’s skin area must comply with the following:
(1) Any skin or mucosa surface to receive a body art procedure shall be free of rash or any visible infection.
(2) Before a body art procedure is performed, the immediate skin area and the areas of skin surrounding where body art procedure is to be placed shall be washed with soap and water or an approved surgical skin preparation. If shaving is necessary, single?use disposable razors or safety razors with single?service blades shall be used. Blades shall be discarded after each use, and reusable holders shall be cleaned and autoclaved after use. Following shaving, the skin and surrounding area shall be washed with soap and water. The washing pad shall be discarded after a single use.
(3) In the event of bleeding, all products used to stop the bleeding or to absorb blood shall be single use, and discarded immediately after use in appropriate covered containers, and disposed of in accordance with 105 CMR 480.000.
(J) Petroleum jellies, soaps, and other products used in the application of stencils shall be dispensed and applied on the area to receive a body art procedure with sterile gauze or other sterile applicator to prevent contamination of the original container and its contents. The applicator or gauze shall be used once and then discarded.
(K) The practitioner shall provide each client with verbal and written instructions on the aftercare of the body art site. The written instructions shall advise the client:
(1) on the proper cleansing of the area which received the body
art;
(2) to consult a health care provider for:
(a) unexpected redness, tenderness or swelling at the site of the body
art procedure;
(b) any rash;
(c) unexpected drainage at or from the site of the body art procedure;
or
(d) a fever within 24 hours of the body art procedure; and
(3) of the address, and phone number of the establishment.
A copy shall be provided to the client. A model set of aftercare instructions shall be made available by the Board.
(L) Contaminated waste shall be stored, treated and disposed in accordance with 105 CMR 480.000: Storage and Disposal of Infectious or Physically Dangerous Medial or Biological Waster, State Sanitary Code, Chapter VIII.
74.06 - Exposure Incident Report
An Exposure Incident Report shall be completed by the close of the business day during which an exposure has or might have taken place by the involved or knowledgeable body art practitioner for every exposure incident occurring in the conduct of any body art activity.
Each Exposure Incident Report shall contain:
(1) A copy of the application and consent form for body art activity
completed by any client or minor client involved in the exposure incident;
(2) A full description of the exposure incident, including the portion
of the body involved therein;
(3) Instrument(s) or other equipment implicated;
(4) A copy of body art practitioner license of the involved body art
practitioner;
(5) Date and time of exposure;
(6) A copy of any medical history released to the body art establishment
or body art practitioner; and
(7) Information regarding any recommendation to refer to a physician
or waiver to consult a physician by persons involved.
74.07 - Injury Reports
A written report of any injury, infection complication or disease as a result of a body art procedure, or complaint of injury, infection complication or disease, shall be forwarded by the operator to the Board which issued the permit, with a copy to the injured client within five working days of its occurrence or knowledge thereof. The report shall include:
(A) the name of the affected client;
(B) the name and location of the body art establishment involved;
(C) the nature of the injury, infection complication or disease;
(D) the name and address of the affected client’s health care provider,
if any;
(E) any other information considered relevant to the situation.
74.08 - Complaints
(A) The Board shall investigate complaints received about an establishment or practitioner’s practices or acts, which may violate any provision of the Board's regulations.
(B) If the Board finds that an investigation is not required because the alleged act or practice is not in violation of the Board's regulations, then the Board shall notify the complainant of this finding and the reasons on which it is based.
(C) If the Board finds that an investigation is required, because
the alleged act or practice may be in violation of the Board's regulations,
the Board shall investigate and if a finding is made that the act or practice
is in violation of the Board's regulations, then the Board shall apply
whatever enforcement action is appropriate to remedy the situation and
shall notify the complainant of its action in this manner.
74.09 - Application for Body Art Establishment Permit
(A) No person may operate a body art establishment except with a valid permit from the Board.
(B) Applications for a permit shall be made on forms prescribed by and available from the Board. An applicant shall submit all information required by the form and accompanying instructions. The term “application” as used herein shall include the original and renewal applications.
(C) An establishment permit shall be valid from the date of issue and shall expire on December 31 of each year. There shall be no pro-rating of licensing fees.
(D) The Board shall require that the applicant provide, at a minimum, the following information in order to be issued an establishment permit:
(1) Name, address, and telephone number of:
(a) the body art establishment;
(b) the operator of the establishment; and
(c) the body art practitioner(s) working at the establishment;
(2) The manufacturer, model number, model year, and serial number, where applicable, of the autoclave used in the establishment;
(3) A signed and dated acknowledgement that the applicant has received, read and understood the requirements of the Board’s body art regulations;
(3) A drawing of the floor plan of the proposed establishment to scale for a plan review by the Board, as part of the permit application process; and,
(4) An Exposure Report Plan
(5) Such additional information as the Board may reasonably require.
(E) The annual fee for the Body Art Establishment Permit shall be set
by the
Board of Health of
the Town of Nantucket.
(F) A permit for a body art establishment shall not be transferable
from one place or person to another.
. 74.10 - Application for Body Art Practitioner Permit
(A) No person shall practice body art or perform any body art procedure without first obtaining a practitioner permit from the Board. The Board shall set a reasonable fee for such permits.
(B) A practitioner shall be a minimum of 18 years of age.
(C) A practitioner permit shall be valid from the date of issuance and shall automatically expire in two (2) years from the date of issuance unless revoked sooner by the Board.
(D) Application for a practitioner permit shall include:
(1) name;
(2) date of birth;
(3) residence address;
(4) mailing address;
(5) phone number;
(6) place(s) of employment as a practitioner; and
(7) training and/or experience as set out in (E) below.
(E) Practitioner Training and Experience
(1) In reviewing and application for a practitioner permit, the Board may consider experience, training and/or certification acquired in other states that regulate body art.
(2) Training for all practitioners shall be approved by the Board and, at a minimum, shall include the following:
(a) bloodborne pathogen training program (or equivalent) which includes
infectious disease control; waste disposal; handwashing techniques; sterilization
equipment operation and methods; and sanitization, disinfection and sterilization
methods and techniques; and
(b) Current certification in First Aid and cardiopulmonary resuscitation
(CPR).
Examples of courses approved by the Board include "Preventing Disease Transmission" (American Red Cross) and "Bloodborne Pathogen Training" (U.S. OSHA). Training/courses provided by professional body art organizations or associations or by equipment manufacturers may also be submitted to the Board for approval.
(3) The applicant for a body piercing practitioner permit shall provide documentation, acceptable to the Board, that s/he completed a course on anatomy and physiology with a grade of C or better at a college accredited by the New England Association of Schools and Colleges, or comparable accrediting entity. This course must include instruction on the system of the integumentary system (skin
(4)
The applicant
for a tattoo, branding or scarification practitioner
permit shall
provide documentation, acceptable to the Board, that
s/he completed
a course on anatomy and physiology with a grade of
C or better at a college
accredited by the New England Association
of Schools and Colleges,
or comparable accrediting entity. This
course must include
instruction on the system of the integumentary
system (skin). Such
other course or program as the Board shall deem
appropriate and acceptable
may be substituted for the anatomy
course.
(5) The applicant for all practitioners shall submit evidence satisfactory
to the
Board of at least two years actual experience in the practice of performing
body art activities of the kind for which the applicant seeks a body art
practitioner permit to perform, whether such experience was obtained within
or outside of the Commonwealth.
(F) A practitioner’s permit shall be conditioned upon continued
compliance with all applicable provisions of these rules and regulations.
74.11 - Grounds for Denial of Permit, Revocation of Permit, or Refusal to Renew Permit
(A) The Board may deny a permit, revoke a permit or refuse to renew a permit on the following grounds, each of which, in and of itself, shall constitute full and adequate grounds for revocation or refusal to renew:
(1) any actions which would indicate that the health or safety of the public would be at risk;
(2) fraud, deceit or misrepresentation in obtaining a permit, or its renewal;
(3) criminal conduct which the Board determines to be of such a nature as to render the establishment, practitioner or applicant unfit to practice body art as evidenced by criminal proceedings resulting in a conviction, guilty plea, or plea of nolo contendere or an admission of sufficient facts;
(4) any present or past violation of the Board’s regulations governing the practice of body art;
(5) practicing body art while the ability to practice is impaired by alcohol, drugs, physical disability or mental instability;
(6) being habitually drunk or being dependent on, or a habitual user of narcotics, barbiturates, amphetamines, hallucinogens, or other drugs having similar effects;
(7) knowingly permitting, aiding or abetting an unauthorized person to perform activities requiring a permit;
(8) continuing to practice while his/her permit is lapsed, suspended, or revoked; and
(9) having been disciplined in another jurisdiction in any way by the proper permitting authority for reasons substantially the same as those set forth in the Board's regulations.
(10) other just and sufficient cause which the Board may determine would render the establishment, practitioner or applicant unfit to practice body art;
(B) The Board shall notify an applicant, establishment or practitioner in writing of any violation of the Board's regulations, for which the Board intends to deny, revoke, or refuse to renew a permit. The applicant, establishment or practitioner shall have seven (7) days after receipt of such written notice in which to comply with the Board's regulations. The Board may deny, revoke or refuse to renew a permit, if the applicant, establishment or practitioner fails to comply after said seven (7) days.
(C) Applicants denied a permit may reapply at any time after denial.
74.12 - Grounds for Suspension of Permit
The Board may summarily suspend a permit pending a final hearing on the merits on the question of revocation if, based on the evidence before it, the Board determines that an establishment and/or a practitioner is an immediate and serious threat to the public health, safety or welfare. The suspension of a permit shall take effect immediately upon written notice of such suspension by the Board.
74.13 - Procedure for Hearings
(A) Suspension of a Permit
(1) After a Board suspension of a permit, a hearing shall be initiated pursuant to 801 CMR 1.00 et seq. (Standard Adjudicatory Rules of Practice and Procedure), no later than twenty-one (21) calendar days after the effective date of the suspension.
(2) Upon written request to the Board of Health, the establishment or practitioner shall be afforded an opportunity to be heard concerning the suspension of the permit by the Board.
(3) In cases of suspension of a permit, the hearing officer shall determine whether the Board has proved by a preponderance of the evidence that there existed immediately prior to or at the time of the suspension an immediate and serious threat to the public health, safety or welfare. The hearing officer shall issue a written decision, which contains a summary of the testimony and evidence considered and the reasons for the decision.
(B) Denial, Revocation, or Refusal to Renew a Permit
(1) If the Board determines that a permit shall be denied, revoked, or not renewed pursuant to the Board's regulations, the Board shall initiate a hearing in accordance with 801 CMR 1.00 et seq.
(2) Following the hearing, the hearing officer shall issue a written
(3) decision that contains a summary of the testimony and evidence
considered and the reasons for the decision.
74.14 - Severability
If any provision contained in the model regulations is deemed invalid for any reason, it shall be severed and shall not affect the validity of the remaining provisions.
74.15 - Fine for Violation
The fine for a violation of any provision of these Rules and Regulations shall be $ 50.00 for the first offence, $ 100.00 for the second offence, and $300.00 for the third and any continuing offense. Each day a violation continues shall be deemed a separate offense.
74.16 - Non-criminal Disposition - Code
of the Town of Nantucket: Article II -
Sub Section 1-1 through 1-6.
In accordance with MGL chapter 40, section 21D and [the local enabling
legislation] whoever violates any provision of these Rules and Regulations
may be penalized by non-criminal disposition.
TOWN OF NANTUCKET BOARD OF HEALTH
DRAFT REGULATIONS
RENTAL OCCUPANCY PERMIT
LOCAL REGULATIONS - 45.00
Purpose:
E. These regulations are intended to assure and maintain code
F. compliance,
and to protect the public health of individuals
G. living in
rental housing by requiring adherence to all pertinent
H. sections of
Article II of the Massachusetts State Sanitary Code
I. thru town
departmental inspections and licensure of rental
J. properties
as provided by these regulations.
Authority:
These Regulations are adopted by the Nantucket Board of
Health as authorized
by Massachusetts General Laws, Chapter
111 – Section 31.
45.01-Definitions:
As used in this Regulation, the following terms shall have the
meaning indicated:
LONG TERM RENTAL – A property which is occupied by a
tenant(s) for a period exceeding 31 days.
PERSON – The owner of any building and the owner’s
agent and employees including an individual,
partnership, corporation, trust or association.
SHORT TERM RENTAL – Dwellings rented for vacation or
recreational purposes and occupied for periods of 31
days or less.
TENANT – renter, lessee, holder of a lease and any
licensee or invitee of such renter, and including an
individual, partnership, cooperation, trust , or
association.
45.02 – Certificate of Registration required;
No person shall rent or lease, or offer to rent or lease,
any building
or any portion of a building to be used for
long term
rental human habitation without first
registering
with the Nantucket Health Department and
obtaining a
Certificate of Registration. The Health
Department shall
determine the number of persons such
building or
portion of a building may lawfully
accommodate
under the provisions of the Massachusetts
State Sanitary
Code and shall specify said number on the
Certificate
of Registration.
45.03 – Records keeping:
K. The owner and/or agent shall keep a record of names and
addresses of
lessees and dates of occupancy, making this
information
available to Town regulatory agencies upon
request.
45.04 – Number of occupants restriction:
The number of persons
occupying the building or portion
thereof, including
but not limited to, the owner, tenant, or
leasee, shall not
exceed the number of persons lawfully
authorized to occupy
such building or portion of the building
as noted on the Certificate
of Registration for said building.
(The owner, agent, or tenant
of the rental property may be
found in violation of this
Regulation if the number of
occupants exceeds that specified
by the Certificate of
Registration or exceeds
the allowable number determined by
the Health Inspector, if
no such registration shall be in effect.)
45.05 – Smoke detectors required:
The owners of all rental
units as defined in 45.02 shall be
required to certify
annually that operating smoke detectors
have been placed in
the rental units. The smoke detectors
and locations thereof
shall be satisfactory to the Nantucket
Fire Department.
46.05 – Fee:
There shall be an annual
Registration fee set by the Board of
Selectmen for each owner
to register each habitable dwelling
subject to these Regulations.
Said Registration and
Certificate of Registration
are not transferable. Failure to
obtain, or to post the Certificate
of registration constitutes a
violation of these Regulations.
46.06 – Revocation or suspension of permit:
A permit issued pursuant
to these Regulations shall be revoked
by the Board of health,
if, at any time, the Board is satisfied
that the licensee is unfit
to hold the license. The Board may
suspend and make inoperative,
for such period of time as they
may deem proper, the Certificate
mentioned herein for any
cause deemed satisfactory
to them. The revocation and
suspension shall be made
after investigation and following a
public hearing before the
Board. Notice of the Public Hearing
shall be delivered to the
permittee not less than three (3) days
prior to said hearing.
46.07 – Penalty:
Any person or tenant found in
violation of any provision of this
Regulation shall be punished by
a fine of not more than two
hundred dollars ($200.00)
in accordance with the following
schedule of fines. Each
day that the violation continues shall
be considered as a separate offense.
- For the first offense there shall be a $50.00 fine or a warning at
the discretion of the enforcement officer.
- For the second offense there shall be a $150.00 fine issued.
- For the third and subsequent offenses, a $200.00 fine shall be issued.
Notice of violation and procedure
shall be in accordance with
M.G.L. Chapter 40, Section 21D
(Non criminal Disposition)
46.08 – Non-applicability:
This Regulation shall not apply
to Boarding and Motel and
Lodging house license holders
as defined in Chapter 140
Section 23, of Massachusetts
General Laws; establishments
licensed under Chapter 140
Section 2 of the general laws.
TOWN OF NANTUCKET BOARD OF HEALTH
REGULATIONS
CONNECTIONS TO NEW AND EXISTING
PUBLICLY OWNED SANITARY SEWER LINES
LOCAL REGULATIONS 69.00
Purpose:
The intent of these regulations is to further protect all existing
and potential ground water, surface waters, harbors and estuaries on Nantucket
Island from contamination from septic system failure.
Authority:
These Regulations are promulgated by the Board of Health of the Town
of Nantucket pursuant to its authority under Chapter 111, Section 31 of
the Massachusetts General laws.
69.01 Definition
A. Owner: Any person named within a deed on file with the Nantucket
Registry of Deeds as the legal and rightful owner of a residential or commercial
property subject to these Regulations.
B. Person: Any individual, association, group, business, proprietor, partnership, corporation, firm, trust, or unit of government.
C. Residential or commercial property: any combination of land or buildings used for human habitation or the operation of a business engaged in the manufacture or sales of goods and or services.
D. Septic System: Any subsurface sewage disposal system that includes
both a holding tank and a leach facility or a cesspool.
69.02 Connections to Town sanitary sewer system required
A. Owners of residential or commercial properties located on the
Island of Nantucket shall connect the
structures located on their
property by a connection in accordance
with existing building
and public works requirements to any
sanitary sewer line
installed or approved by the town of
Nantucket Department of
Public Works under any street that abuts
the subject property.
69.03 Required connection time frame
L. A. Connections to sanitary sewers shall be
completed within
M. two years of notice
of the availability of the line for connection.
B. In environmentally sensitive areas as defined by the Nantucket
Board of Health where new sewer lines are
available for
connection pursuant to 69.02, the property
owners shall complete
the required connection(s) within six (6)
months of notice from the
Nantucket Department of Public Works,
weather permitting, but in
no case in more than one (1) year of said
notice.
C. The Board of Health may extend the time periods for required
connections set forth in section 69.03A
or 69.03B in the event of
an incapacity of the Surfside Waste
Water Treatment Facility to
handle additional flowage.
69.04 Permitting and notification
A. The Nantucket Department of Public Works shall notify the
Nantucket Health Department
upon the completion of each
Connection.
69.05 Variance
A. The Nantucket Board of Health may vary the application of any
provision of these regulations, unless otherwise prohibited by
state law or regulation, in any case, when, in the opinion of the
Board of Health, lot size restrictions or hydrogeological
conditions make enforcement of the provisions impractical or the
owner has demonstrated a degree of environmental protection
equivalent to that required under these regulations. The Board of
Health also may vary the application of any provision of these
regulations in any case when, in the opinion of the Board of
Health, enforcement will do manifest injustice to the property or its
Owner.
B. No variance shall be granted for environmentally sensitive
areas
or areas defined by the Nantucket Board
of Health as ground
water or harbor and water bodies protection
districts.
C. Variances shall be considered for on-site disposal systems
installed five (5) years or less before
a sanitary sewer is installed
or completed. Example: if an on
site disposal system installed (2)
years before a sewer line is installed
or completed, a three (3)
year variance may be granted.
D. Every request for a variance shall be in writing to the Nantucket
Board of Health and be subject to a
hearing before the Board of
Health.
D-1. The owner of the subject property shall, at their expense,
notify all abutters by certified mail at least ten days prior to
the public hearing, and is responsible for payment of
advertisement.
E. Any variance granted by the Board of Health shall be in writing.
F. Any denial of variance by the Board of health shall also be
in
writing and shall contain a statement of reasons
for the denial.
69.06 Right of Entry.
A. The Nantucket Board of Health or its agent may enter upon
privately owned property with reasonable
notice and at
reasonable hours for the purpose of
ensuring compliance with
these Regulations.
69.07 Enforcement.
A. Any person violating any portion of these Regulations shall be
punished be a fine of not more than
0ne hundred dollars ($100).
Each day, or portion thereof, shall
be constituted as a separate
Offence.
A-1. If a violator holds any license
and or permit issued by the
Nantucket Board of Health, said license and or permit may
be suspended for up to twenty four hours for each violation.
If more than one provision of these regulations is violated,
each violation shall constitute a separate offense. Each day
shall constitute a separate violation.
69.08 Severability.
A. In the event that any provision of these regulations is declared
invalid or unenforceable for any reason, all
other provisions will
be unaffected and shall remain in full force
and effect.
Adopted:
May 7, 2003
Chairman – Finn Murphy
Frank Spriggs
Timothy Soverino
Matthew Fee
Bruce Watts