By the Division of Professional Licensure


AUGUST 6, 2014 BOARD AGENDA

9:00 A.M. AGENDA REVIEW: By Chairman Paul Kennedy

9:05 A.M.: APPROVAL OF PREVIOUS MEETING MINUTES:

  • The June 25, 2014 Board Meeting Minutes
  • The July 2, 2014 Board Meeting Minutes
  • The July 2, 2014 Executive Session Minutes

APPEAL OF INSPECTOR DECISION / INTERPRETATION

AID1) Meyer vs. Ciarmataro

DISCUSSION(S):

D1) Further discussion and possible vote on Vocational School Outside Project Policy

D2) Interpretation regarding service of gas control

 

D3) Discussion and possible vote on changes to Fuel Gas Code

VARIANCE REQUESTS:

PV289) SOUTH COVE MANOR NURSING & REHAB- 288 WASHINGTON STREET - QUINCY

This variance was continued from the July 2, 2014 Board Meeting. The Petitioner (Mr. R. Phillip Dowds, AIA) requests a variance from 248 CMR (Code of Massachusetts Regulation) 10.00, the Uniform State Plumbing Code, Section 10.10 (18) Table 1. The Petitioner requests that the requirement for gender segregated toilets be waived for eight common toilets dedicated to resident use plus a toilet pair in the lobby. The petitioner notes that signage and use of these ten rooms as gender neutral (unisex). In a phone conversation with Mr. Thomas, the Quincy Plumbing Inspector, Mr. Steve Mattes expressed he is not in favor of this request. The applicant provided the Board office with a copy of a letter sent to the Quincy Board of Health. The Quincy Board of Health expressed in correspondence a position supporting the plumbing inspector.

PV312) DONALD MORRIS RESIDENCE – 191 LONGWOOD AVENUE - BROOKLINE

The Petitioner (Mr. Donald Morris, Owner) requests a variance from 248 CMR (Code of Massachusetts Regulation) 3.00, the Uniform State Plumbing Code, Section 3.04 (1). The Petitioner purchased a plumbing fixture that is not on the product accepted list. National product testing was performed and certified by Intertek and UL. The petitioner provided the Board office with a copy of the petition letter sent to the Brookline Board of Health.

PV313) DEPARTMENT OF CORRECTION – 500 COLONY ROAD - GARDNER

The Petitioner (Mr. Jeffrey Quick, A.I.A.) requests a variance from 248 CMR (Code of Massachusetts Regulation) 3.00, the Uniform State Plumbing Code, Section 3.04 (1). The petitioner is proposing relining

kitchen waste piping that exceeds the 200’ limitation for the two approved systems, Maxliner and Nu Flow Technologies. As this is a state project, no Board of Health letter is required.

PV1) TOWN PLAZA – 700 BOSTON ROAD - BILLERICA

The Petitioner (Mr. Max Gow, Owner) requests a variance from 248 CMR (Code of Massachusetts Regulation) 10.00, the Uniform State Plumbing Code, Section 10.10 (18) Table 1. The Petitioner seeks relief from the requirement to install two handicapped accessible restrooms for patrons and employees and proposes the installation of one unisex handicapped accessible restroom. The Billerica Board of Health supports the variance request.

PV6) CAPRICE CREATIONS– 66 MAIN STREET, SUITE 4 - CARVER

The Petitioner (Ms. Caprice Desroches) requests a variance from 248 CMR (Code of Massachusetts Regulation) 10.00, the Uniform State Plumbing Code, Section 10.10 (18) (k) & (m). The Petitioner, Ms. Caprice Desroches seeks relief from 248 CMR to allow one unisex handicapped accessible restroom at this location. The petitioner states that she will not be employing any personnel in her tattooing business. The Carver Board of Health confirms it is aware of this variance request.

PV7) STAFFORD INSURANCE – 181 SOUTH MAIN STREET - MIDDLETON

The Petitioner (Mr. Warren Kelly, General Contractor) requests a variance from 248 CMR (Code of Massachusetts Regulation) 10.00, the Uniform State Plumbing Code, Section 10.10 (18) Table 1. The Petitioner seeks relief to allow one unisex ADA compliant toilet. Mr. Kelly provided the Board office with a copy of the petition letter sent to the Middleton Board of Health.

PV11) DIVYANG PATEL - 131 WOBURN STREET - LEXINGTON

The Petitioner (Mr. Divyang Patel, Property Owner) requests a variance from 248 CMR (Code of Massachusetts Regulation) 3.00, the Uniform State Plumbing Code, Section 3.04 (1) to allow the installation of a bathtub carved from marble without any joints. The Lexington Board of Health does not oppose this request.

PV12 a/b/c) GGG MAIN STREET, LLC – 124 MAIN STREET - ROCKPORT

The Petitioner (Mr. Bruce Feldman, Owner) requests a variance from 248 CMR (Code of Massachusetts Regulation) 10.00, the Uniform State Plumbing Code, Section 10.10 (18) Table 1. The Petitioner provided the Board office with a copy of the petition letter sent to the Rockport Board of Health.

  1. 10.10 (18) (i) Relief to allow 1 unisex employee restroom.
  2. 10.10(18) (Table 1) Relief to eliminate drinking fountains.
  3. 10.10(18) (Table 1) Relief from requirement to install a service sink.

PV13) TEMPORARY SHEDS – 312 ARSENAL STREET - WATERTOWN

The Petitioner (Mr. Ralph J. Mulcahy, Plumbing Engineer) requests a variance from 248 CMR (Code of Massachusetts Regulation) 10.00, the Uniform State Plumbing Code, Section 10.10 (18) Table 1. The sheds will temporary (less than 180-days) the petitioner seeks relief from the requirement to provide employee facilities within the sheds. The petitioner notes the department of public works will not provide sewer connections to the

sheds. Petitioner proposes relief to allow the employees to use the unisex toilet facility in the adjacent building which is approximately 280 feet away. Employees will have access to this restroom at all times. The Watertown Board of Health notes, “Should the temporary sheds be utilized for retail food operations then the unisex toilet facility in the adjacent building would comply with the requirements of 105 CMR 590.006,” therefore the Watertown Board of Health is not opposed to this variance request.

PV14) DIVERSIFIED AUTOMOTIVE, INC. – 100 TERMINAL ST. - MYSTIC PIER #1 - CHARLESTOWN

The Petitioner (Mr. Richard E. Brimley, AIA) requests a variance from 248 CMR (Code of Massachusetts Regulation) 10.00, the Uniform State Plumbing Code, Section 10.06 & 10. (17). The Petitioner seeks relief to allow the construction and installation of a custom made stainless steel gutter or trough to capture the large amount of water that cannot be handled by state approved gutters and scuppers. As this is a State Project, no Board of Health letter is required.

PV27) BOSTON UNDERGROUND TRAINING – 235 HIGH STREET #1 - WALTHAM

The Petitioner (Mr. Joseph Santangelo, Owner) requests a variance from 248 CMR (Code of Massachusetts Regulation) 10.00, the Uniform State Plumbing Code, Section 10.10. (18) Table 1. The Petitioner proposes the installation of one unisex non-industrial employee restroom with a shower in lieu of designated male and female restrooms with showers. The petitioner contacted the Waltham Board of Health via email regarding this variance request.

PV 37) Massachusetts College of Arts and Design-621 Huntington AVE., Boston

Petitioner request the installation of a 6’x12’ Storm Water Filtration System on the building drain as it exists the building within 10 feet of the inner face of the foundation wall. Upon excavating for this installation, the petitioner found that an electrical conduit had been previously installed in the area designated for the Storm Water Filtration System.

PV271) STUDIOUS BAKER – 123 NORTH STREET - PITTSFIELD

CONTINUED FROM JUNE 25, 2014 MEETING (required additional information)

The Petitioner, Mr. George Whaling notes that Studious Baker is currently operating in a 1,100 square foot space with two employees and is operating as a Bake Goods Shop. Studious Baker is seeking to add twelve (12) seats for customers. There is access to 3 fixtures (all of which are handicapped accessible) in the common area. In addition fixtures on the floor above are accessible via an elevator. Due to the lack of space and the number of fixture options currently available the petitioner seeks relief from having to install another fixture in this space. The petitioner provided the Board office with a copy of a petition letter sent to the Pittsfield Board of Health.

Notes from Board Meeting 06-25-2014:

The owner would like to sell their goods and have them consumed on the premises. The maximum occupants would be forty-nine (49), including patrons and employees. Patrons must leave the shop (not outdoors) to access the restrooms that are currently locked, which require key access. According to the petitioner that situation has changed. It also appears there are multiple tenants. The Board will require confirmation that the current facilities are adequate for the building occupancy. The petitioner will obtain the information and send it to the Board office prior to rescheduling. The owner will provide information directly to the Plumbing Inspector indicating that the facilities will not be locked and the occupancy numbers comply with 10.10 Table 1. Additional documentation has now been provided.

FYI – Staff Approvals per Board Delegation – Board Vote Not Required

 

Drinking fountain requirements waiver in medical and office buildings.

DA PV311 – THE MATHWORKS – 1 APPLE HILL DRIVE - NATICK

Shower requirements waiver in medical and dental office buildings.

DA PV316 - ASHOK KI JOSHI – 16 PINE STREET UNIT 5 – LOWEL

DA PV4- PODIATRIST OFFICE – 380 MERRIMAC STREET - METHUEN

Floor drains and gas/oil/sand separator waiver when installing permanent bollard(s).

DA PV308 – TAUNTON WATER DIVISION – 170 HARRIS STREET - TAUNTON

DA PV304 – Stop It Goaltending – 11 CABOT ROAD – WOBURN

DA PV9 – D Boy Service – 1474 Main Street – Waltham

Floor drains and gas/oil/sand separator waiver when installing permanent bollard(s). cont.

DA PV18 – Brooke Mohr - Proposed New Building – 16 Marble Way - Nantucket

Authorization to allow the installation and testing only of unlisted gas equipment.

DA GV307 – LAKE WILLIAMS PIZZA – 270 WEST MAIN STREET - MARLBOROUGH

DA GV310 – HARBAR, LLC – 10 PEQUOT STREET - CANTON

DA GV314 – E INK – 1000 TECHNOLOGY PARK DRIVE - BILLERICA

Authorization to allow the full-operation of unlisted gas equipment.

DA GV169 a/b – ABC DISPOSAL – 1069 SHAUWMUT AVENUE – NEW BEDFORD
DA GV165 – TRELLEBORG OFFSHORE – 24 TEED DRIVE - RANDOLPH

Executive Session 

CR1-FM

QUASI JUDICIAL SESSION:

FINAL DECISION AND ORDER

PL-12-034 PL-10-033

BOARD WILL CONSIDER ANY MATTERS NOT REASONABLY ANTICIPATED BY THE CHAIR:

ADJOURNMENT:

Note:

Reasonable accommodations or modifications will be provided to enable individuals with disabilities to participate in this Plumbing Board meeting. All requests should be submitted to Deborah Cassano at (617)-727-3110 no later than one (1) week prior to the scheduled Board Meeting. While the Board of Examiners of Plumbers & Gas Fitters will attempt to honor all requests, those requests received after that date may not be provided due to feasibility.