By the Division of Professional Licensure


MAY 30, 2011 BOARD AGENDA

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

Egress and Cell Phone

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

• The May 2, 2012 Board Meeting Minutes

PRODUCT REVIEW

PR1) VIEGA LLC – MEGA PRESS METALLIC FITTINGS FOR FUEL GAS SYSTEMS

Now appear Mr. Paul Jappe, Michael Gillespi and Rudi Tillman to discuss the products they are seeking product acceptance.

VARIANCE REQUESTS:

VR1) PROEX PHYSICAL THERAPY – 3 RUNDLETT WAY - MIDDLETON

The Petitioner (Mr. Neil Tagerman) 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 is seeking a waiver from the requirements to install a shower, drinking fountain and service sink at this location. The variance request is acceptable to the Middleton Board of Health. The Middleton plumbing Inspector notes the business is a change in use from a retail space to a healthcare facility.

VR2a) BB POOL & SPAS – 3166 CRANBERRY HIGHWAY – EAST WAREHAM

The Petitioner (Mr. Robert Lovett Jr. requests a variance from 248 CMR (Code of Massachusetts Regulation) 10.00, the Uniform State Plumbing Code, Section 10.10 (18) (i). The petitioner is seeking a wiver from the requirement of installing a second employee restroom. The Wareham Board of Health voted to grant approval to submit the variance application.

VR2b) BB POOL & SPAS – 3166 CRANBERRY HIGHWAY – EAST WAREHAM

The Petitioner (Mr. Robert Lovett Jr., owner) requests a variance from 248 CMR (Code of Massachusetts Regulation) 10.00, the Uniform State Plumbing Code, Section 10.09 (1) (b). The petitioner is seeking a waiver from the requirement install floor drains and a gas/oil/sand separator. The Wareham Board of Health voted to grant approval to submit the variance application.

VR3a) DCR - MYLES STANDISH STATE FOREST – 1 FEARING POND ROAD - CARVER

The Petitioner (Mr. Paul Dionne) requests a variance from 248 CMR (Code of Massachusetts Regulation) 10.00, the Uniform State Plumbing Code, Section 10.06 (2) (m) (7) . The petitioner seeks a waiver to allow the use of PEX in a commercial application. As this is a State project, no Board of Health petition letter is required.

VR3b) DCR – DEAN POND COMFORT STATION – 1100 DEAN POND ROAD - BRIMFIELD

The Petitioner (Mr. Charles Edwards) requests a variance from 248 CMR (Code of Massachusetts Regulation) 10.00, the Uniform State Plumbing Code, Section 10.06 (2) (m) (7) . The petitioner seeks a waiver to allow the use of PEX in a commercial application. As this is a State project, no Board of Health petition letter is required.

VF4) CUMBERLAND FARMS – 578 MAIN STREET – HARWICH

The Executive Director approved this variance in accordance with the Board’s unanimous vote on March 31, 2010 to allow the Board Office to exercise some discretion in approving such variances. The Harwich Board of Health unanimously voted to grant the request. Cumberland Farms original request was for the renovation of convenience stores in fourteen locations. This variance represents the 14th, thus ending the Board Office discretionary authority to grant any further variances.

VR5) FIN FUR & FEATHER CLUB – 27 LARCH ROAD – MILLIS

The Petitioner (Gregory Nealand) requests a variance from 248 CMR (Code of Massachusetts Regulation) 3.00, the Uniform State Fuel Gas Code, Section 3.04 (1). The Club purchased a Royal Range and had it installed at this location. The Millis plumbing & gas inspector did not approve the installation because Royal Range is not listed on the Board’s products listing website. The range has the following Marks – CSA design certified, CSA certified and the NSF mark of approval. As this is a Gas Variance, no Board of Health petition letter is required.

VR6) BAY PATH REGIONAL VOKE TECH. H.S. – 57 OLD MUGGETT HILL ROAD - CHARLTON

The Petitioner (Mr. Michael McKeon) 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 a waiver from the fixture requirements for stadium seating. The Charlton Board of Health, by majority, voted in favor of the variance.

VR7) TOWN FARMS GARDEN LLC – 135 TOWN FARM ROAD – BROOKFIELD

The Petitioner (Ms. Laurie O’Day Starcher) requests a variance from 248 CMR (Code of Massachusetts Regulation) 10.00, the Uniform State Plumbing Code, Section 10.06 (2) (o) 1. The petitioner requests a waiver to use PVC for the kitchen drains. A copy of the petition letter sent to the Brookfield Board of Health is on file.

VR8) DEDHAM DENTAL – 888 WASHINGTON STREET - DEDHAM

The Petitioner (Mr. David A. Farmer) 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 a waiver the requirement to provide showers at this location. A copy of the petition letter sent to the Dedham Board of Health is on file. A copy of the petition letter sent to the Dedham Board of Health is on file.

This variance will not be heard – A special permission gas application is pending approval.

VR9) SPRAGUE ENERGY CORP – 43 BEACHAM STREET - EVERETT

The Petitioner (Mr. Lance Durgan) requests a variance from 248 CMR (Code of Massachusetts Regulation) 3.00, the Uniform State Fuel Gas Code, Section 3.04 (1).

NO ACTION REQUIRED

VR10) SAINT BONAVENTURE PARISH – 799 STATE ROAD - PLYMOUTH

The Petitioner (Mr. Treffle LeFleche) 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 a waiver regarding the location of the restrooms. A copy of the petition letter sent to the Plymouth Board of Health is on file.

VR11) MDD OPERATIONS LLC – 248 ELM STREET - SOMERVILLE

The Petitioner (Mr. Mark D’Alessio) 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 a waiver to allow one unisex handicap accessible restroom. A copy of the petition letter sent to the Somerville Board of Health is on file. Also on file is an email in support of the request from Mr. Thomas Hopkins, E.D. / AAB. The Somerville plumbing inspector opposes the granting of a variance. The inspector notes that the petitioner dismantled and eliminated three existing restrooms prior to filing for a plumbing permit.

VR12) SNYDERS/LANCE - CAPE COD POTATO CHIPS – 100 BREEDS HILL ROAD - HYANNIS

The Petitioner (Mr. Jeff Newell) requests a variance from 248 CMR (Code of Massachusetts Regulation) 3.00, the Uniform State Fuel Gas Code, Section 3.04 (1). The petitioner seeks a waiver to accept equipment not listed on the Board’s product acceptance website. Board staff and the Chairman reviewed the engineer’s report. A letter was, sent to the engineer, Mr. John Karpinski, requesting he appear at this meeting to clarify concerns the Board has with the report.

VR13) ENTERPRISE RENT A CAR – 24 VARIOUS LOCATIONS

On May 5, 2012 Mr. Mark Terry, Sr. requested a variance from 248 CMR Section 10.15 (10) for 28 locations. The Board voted to allow the Executive Director to grant the variances, with conditions. The Board was, notified in correspondence dated May 7, 2012, that the number of locations was reduced to twenty-five. Twenty-four applications were, submitted on May 14, 2012, with one to follow shortly thereafter. The Executive Director confirms compliance with the conditions imposed by the Board. A letter confirming work could commence at the twenty–four locations, was sent to Mr. Terry on May 21, 2012

VR14) ONE STOP MARKET – 20 IRVING STREET FRAMINGHAM

The Petitioner (Mr. Bahecharbhai Patel) requests a variance from 248 CMR (Code of Massachusetts Regulation) 10.00, the Uniform State Plumbing Code, Section 10.10 (i). The petitioner seeks a waiver to retain the existing unisex handicap accessible restroom, and not be required to install a 2nd employee restroom. A copy of the petition letter sent to the Framingham Board of Health is on file.

At the request of Robert Bachand, Plumbing Instructor, this variance is withdrawn

VR15) TRI COUNT RUTHS – 147 POND STREET – FRANKLIN

The Petitioner (Mr. Mark D’Alessio) requests a variance from 248 CMR (Code of Massachusetts Regulation) 10.00, the Uniform State Plumbing Code, Section 10.13 (1) (L) 5. The petitioner seeks a waiver to allow cold water in lieu of the tempered water requirement. A copy of the petition letter sent to the Franklin Board of Health is on file.

NO ACTION REQUIRED

CHARACTER REVIEW(S) / EXECUTIVE SESSION:

CR) a) D.A.G. b) D.C.

QUASI JUDICIAL SESSION

EXECUTIVE DIRECTOR COMMENTS: 

 

ED1) Review final draft of 248 CMR Section 3.00 that incorporate proposals from the Public Hearing.

ADJOURNMENT: