By the Division of Professional Licensure


DECEMBER 28, 2011 BOARD AGENDA

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

• Emergency Egress and Cell Phone Policy

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

• The November 30, 2011 Board Meeting Minutes

• The December 7, 2011 Board Meeting Minutes

PRODUCT REVIEWS

PR1) SOUTH SHORE HOSPITAL – CAPSTONE EQUIPMENT INTERNAL GAS BOOSTER

Now appears Robert Fitzpatrick of EMCOR Services Northeast, Inc. to discuss the Board’s concerns regarding this equipment.

PR2)  T & S BRASS – PRE-RINSE UNIT – PROPOSED POLICY CHANGE

Now appears Gordon Thomas of Hydro-Systems Company to discuss the product and policy change.

VARIANCE REQUESTS:

VR1) SOMERSET HIGH SCHOOL – SPORTS FIELD – COUNTY STREET – LUTHER AVENUE

The Petitioner (Mr. Richard Medeiros, Superintendant) 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 reduction in the amount of fixtures to be provided for use at the athletic field, having fixed seating. The Board of Selectmen acting as the Board of Health support this variance request.

VR 2) PRIMA CARE PC – 829B MAIN ROAD - WESTPORT

The Petitioner (Mr. Brantley Huntsinger, 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 states no medical activities will take place at this facility. The occupancy is classified as Use Group B (Business). The request is to eliminate the shower requirement. The Westport Board of Health supports the petition for a variance.

VR3)  SANDRA AND RICKEY EVANGELISTA – HANCOCK DAIRY – 240 HANCOCK ROAD - BARRE

The Petitioner (Mr. Rickey Evangelista, Owner) requests a variance from 248 CMR (Code of Massachusetts Regulation) 10.00, the Uniform State Plumbing Code, Section 10.09 (2) (a). The Evangelista’s are proposing an on farm cheese processing facility that will connect to an onsite disposal system with a 1200 gallon grease tank. The installation of an interior interceptor would be redundant and would increase the likelihood of food contamination during cheese production as well as the aging process. The Barre Board of Health supports the granting of this particular request.

VR4) BRAINTREE HIGH SCHOOL – 128 TOWN STREET - BRAINTREE

The Petitioner (Mr. Russell Forsberg, Inspector of Buildings) requests a variance from 248 CMR (Code of Massachusetts Regulation) 3.00, the Uniform State Plumbing Code, Section 3.04 (1). It is the contention of the Town of Braintree, through their engineers, that in this instance there exists an excess of roof drains, whose overall functionality would not be impaired by the presence of roof drain inserts. On December 15, 2011, the Braintree Board of Health unanimously voted to endorse this request, as referenced in the Board of Health letter.

VR5) RESIDENCE – JERRY PINO – 69 ASHBURTON AVENUE - MARSHFIELD

The Petitioner (Mr. Jerry Pino, Owner) requests a variance from 248 CMR (Code of Massachusetts Regulation) 3.00, the Uniform State Plumbing Code, Section 3.04 (1). In April, 2011 the petitioner purchased an Aquapeutics Steam Shower/Whirlpool Tub. The petitioner is having it installed when he learned a variance is needed for an unlisted product. The Marshfield Board of Health states 69 Ashburton Avenue is part of the Marshfield Sewer System and as such does not fall under the Marshfield Board of Health’s regulatory power. Therefore the Marshfield BOH defers to the Plumbing Inspecotor.

VR6) PSYCHIATRIC OFFICES – 1577 BEACON STREET - BROOKLINE

The Petitioner (Jonathan Raisz, Architect) 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 notes the facility will be occupied by both psychiatrists and psychologists providing mental health services. The petitioner is seeking a waiver from the shower and service sink requirement at the first floor level. The petitioner states that the service sink in the basement is easily accessible and the occupancy entails minimal cleaning. The Brookline Board of Health has no objection to the request. The Board of Health also notes the approval shall not conflict with ADA requirements.

VR7a) CUMMINGS PHYSICAL THERAPY – 6 BARTLETT ROAD - WINTHROP

The Petitioner (Mr. Kevin Cummings) 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 shower requirement. The Winthrop Board of Health granted this request.

VR7b) CUMMINGS PHYSICAL THERAPY – 6 BARTLETT ROAD - WINTHROP

The Petitioner (Mr.Kevin Cummings) 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 drinking fountain requirement. The petitioner is proposing to install a bottled water dispenser and utilizing pater cups. The Winthrop Board of Health granted this request.

VR7c) CUMMINGS PHYSICAL THERAPY – 6 BARTLETT ROAD - WINTHROP

The Petitioner (Mr. Kevin Cummings) 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 proposing the installation of one unisex handicap accessible restroom in lieu of the required two. The Winthrop Board of Health granted this request.

VR8) MILLER CONSTRUCTION – 227 WEST MAIN STREET - NORTON

The Petitioner (Mr. David Miller, Owner) requests a variance from 248 CMR (Code of Massachusetts Regulation) 10.00, the Uniform State Plumbing Code, Section 10.09 (1). The petitioner site is located in a village district of the town which allows mixed uses on the same property. The new garage will have two overhead doors. The petitioner states he will park one van and a small utility trailer inside. The Norton Board of Health defers to the Board.

VR9) AJW PERFORMANCE PRODUCTS – 16 KENDRICK ROAD - UNIT 1 – WAREHAM

The Petitioner (Mr. Andrew Wallace, Owner) requests a variance from 248 CMR (Code of Massachusetts Regulation) 10.00, the Uniform State Plumbing Code, Section 10.09 (1) (a) to not require the installation of floor drains or a gas/oil/sand separator at this location. The petitioner applied and registered his business with the Department of Environmental Protection – Bureau of Waste Prevention – Hazardous Waste. The petitioner is required to install a hazardous waste storage and cleanup system. The Winthrop Board of Health believes the burmed area along with the small quality generator spill kit is sufficient and that he risk would be minimal based on their would not be used as an oil change facility. The Winthrop Board of Health defers to the Board.

VR10) MEADOWBROOK APARTMENT COMMUNITY BLDG. – 1 MEADOWBROOK WAY - CARVER

The Petitioner (Mr. John Hixson, Project Manager) 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 proposing to convert the existing two designated non-handicap restrooms into two unisex restrooms. One of the restrooms would then me converted to a unisex handicap accessible restroom The Carver Board of Health cannot support this request for a variance.

VR11) COMMONWEALTH OF MA – ITD DATA CENTER – 53 ELLIOT STREET - SPRINGFIELD

The Petitioner (Mr. Neil Middleton, Principal) requests a variance from 248 CMR (Code of Massachusetts Regulation) 3.00 & 10.00, the Uniform State Plumbing Code, Sections 10.09 (1) (1) & 3.04 (2) (a) 1. The petitioner notes the unusual circumstances at this facility warrant the use of an alternative design for the oil/water/sand separator. The new design meets with ASTM c478. The concrete strength is 4,000 psi and the rebar is grade 60 which exceeds the requirements of ASTM c478. As this is a state project, no Board of Health letter is required.

VR12) MBTA – PROPOSED BUS SHELTER – 75 SOUTH MAIN STREET - ATTLEBORO

The Petitioner (Mr. Francis Gay, Administrator) 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 notes this will be an unmanned, heated and enclosed 600 square foot shelter in Attleboro. The petitioner is seeking a waiver to not require the installation of restroom facilities. As this is a state project, no Board of Health letter is required.

 QUASI JUDICIAL SESSION

AID1) MICHAEL CARON vs. NEEDHAM PLUMBING AND GAS INSPECTOR – WILLIAM KINSMAN

EXECUTIVE DIRECTOR COMMENTS: AS MAY BE REQUIRED

ED1) Review of policies

ED2) As may be required

ADJOURNMENT: