[HISTORY: Adopted by the Board of Health of the Town of Northbridge 10-24-2011, effective
12-1-2011.[1] Amendments noted where applicable.]
[1]
Editor's Note: These regulations superseded former Ch. 201,
Code of Regulations, adopted by the Board of Health effective 1-14-1997,
as amended.
A.
APPROVED
BOARD OF HEALTH or BOARD
LICENSE and PERMIT
OPERATOR
PERSON
Definitions. As used in these regulations, the following terms shall
have the meanings indicated:
Licensed by the Board of Health of the Town of Northbridge
in accordance with accepted standards of the State Department of Public
Health and/or the State Department of Education.
The legally constituted Board of Health of the Town of Northbridge,
Massachusetts, or its agent.
The same.
The person in control of a particular establishment.
Any person, company, corporation, trust or any other entity.
B.
Procedures.
(1)
105 CMR 400, Chapter I of the State Sanitary Code, as most recently
amended, which outlines administrative procedures relative to the
Sanitary Code, is hereby adopted as a local regulation for the Town
of Northbridge.
(2)
310 CMR 11.00, Title I of the State Environmental Code, as most recently
amended, which outlines administrative procedures relative to the
Environmental Code, is hereby adopted as a local regulation of the
Town of Northbridge.
(3)
All applications shall be made on a form approved by the Board of
Health.
(4)
The license fee is considered part of the application.
(5)
Renewal of a permit is the sole responsibility of the permit holder.
Any holder of a valid permit who fails to file for renewal of a permit
before its expiration, and continues to operate after expiration of
a permit, shall be assessed a late fee in the amount of $50. Applications
for renewal exceeding 30 days past the permit expiration shall be
assessed a late fee in the amount of $100.
C.
The Board of Health of the Town of Northbridge, in order to adequately
protect the public health, and acting under the authority of Chapter
111 of the Massachusetts General Laws, hereby makes the following
health regulations. All regulations previously made by the Board of
Health shall no longer be in effect, except as to those matters currently
pending. Any condition which existed prior to the effective date of
these regulations shall not be grandfathered or regarded as exempt
from these regulations.
[Amended 11-13-2018,
effective 12-1-2018; 11-14-2022, effective 1-1-2023]
A.
Authority. This regulation is promulgated pursuant to the authority
granted to the Northbridge Board of Health by Massachusetts General
Laws Chapter 111, Section 31, which states that "Boards of health
may make reasonable health regulations."
B.
BOARD
COTTAGE FOODS
FOOD ESTABLISHMENT
FROZEN DESSERT MACHINE
GREASE TRAP
MOBILE FOOD OPERATION
PERMIT HOLDER
PERMITTED OFFAL HAULER
Definitions.
The Board of Health of the Town of Northbridge and its authorized
agent(s).
Non-time/temperature control for safety baked goods, jams,
jellies, and other non-time/temperature control for safety foods produced
at a properly permitted residential kitchen food establishment for
sale directly to the consumer.
For the purposes of these regulations, "food establishment"
is defined herein to match the definition within 105 CMR 590.001 under
"Food Establishment." In addition, a food establishment shall also
include an establishment that offers only prepackaged foods regardless
of whether they serve time/temperature control for safety foods.
For the purposes of these regulations, "frozen dessert machine"
is defined herein to mean any piece of equipment that vends "Frozen
Dessert" as defined in 105 CMR 500.003.
Also referred to as a "grease interceptor" by 248 CMR 10.00
("Uniform State Plumbing Code"), is a device designed to remove dissolved
and/or suspended grease and waste oil from wastewater and which bears
the seal of acceptance of PDI (Plumbing and Drainage Institute).
A food establishment that does not have a fixed location
of operation, which includes but is not limited to food trucks, ice
cream trucks, food carts, and other such operations.
An individual that has successfully applied for and been
approved to possess a food establishment permit from the Town of Northbridge.
For the purposes of these regulations, unless otherwise specified,
a permit holder shall refer to an individual that possesses either
a temporary, annual, mobile food, and/or a residential kitchen food
establishment permit.
Any offal hauler that holds a current permit issued by the
Northbridge Board of Health to remove, transport, and dispose of garbage,
offal, or other offensive substances.
C.
Permitting.
(1)
105 CMR 590.000, Chapter X of the State Sanitary Code, Food Establishment
Regulations, as most recently amended, is hereby adopted as a local
regulation for the Town of Northbridge.
(2)
No person shall operate a food establishment without first obtaining
a permit from the Northbridge Board of Health. All food permits shall
expire on December 31 of the year issued. Permits are not transferable.
(3)
All permit applications for a food establishment in the Town of Northbridge
shall include, at a minimum, all documentation as noted on the application
document as approved by the Board. Failure to provide all necessary
paperwork shall be deemed adequate reason to deny the permit application.
All documentation must be up to date, and all certification attached
must be issued by an accredited institution approved by the Massachusetts
Department of Public Health. This documentation may include, but is
not limited to, the following:
(a)
A copy of every food manager certification held by staff, or food handler certification if deemed acceptable by the Board as indicated in Subsection F(2).
(b)
A copy of every allergen awareness certification held by staff.
(c)
A copy of every choke saver certification (if applicable) held
by staff.
(d)
A workers' compensation insurance affidavit.
(e)
A revenue enforcement and protection (REAP) attestation.
(f)
Approval may be required from any applicable municipal departments
whose involvement is necessary for the proper operation, construction,
or renovation of the food establishment or any equipment therein.
This documentation may be provided within a reasonable time frame
after the submission of all other documentation so long as said time
frame does not exceed a period approved by the Board. The permit is
not considered active until all such documentation is presented and
approved by the Board.
(4)
Every permit holder must possess current copies of these local food
regulations, 105 CMR 590.000 in both its original form and in the
form of the Merged Food Code guidance document published by the Massachusetts
Department of Public Health, and any other regulations the Board may
reasonably require.
(5)
A plan review shall be required for all new establishments, the remodeling
of an existing establishment, including the installation of any new
equipment, and for establishments that are changing ownership. Plans
and specifications for all new establishments and of all proposed
and/or fixed equipment, walls, floors, ceilings, shelving, etc., are
considered a part of the plan review application.
(6)
It is the responsibility of the permit holder to renew their food
establishment permit. As a courtesy to permit holders, permit renewal
reminder notices may be sent by the Board of Health prior to the expiration
date of the food permit.
(7)
Mobile food operations shall provide a copy of the food permit for
their base of operations upon initial application and annually thereafter
indicating approval of said facility by the Board for use by the mobile
food operation's permit holder. Mobile food operation permit
holders shall also supply annually to the Board and local Police Department
(if applicable) a list of stops and times of operation within the
permitting town.
(8)
Any application for a temporary food permit shall be submitted to
the Board no less than 14 days before the event. Applications received
less than 14 days prior to an event shall be assessed an expedited
processing fee. No application received within 48 hours of an event
will be accepted by the Board.
(9)
Existing establishments that are transferring to a new owner, and in which there will be no modifications of the type of product offered, nor modification of the facility, must submit a plan review and a food permit application a minimum of 30 days prior to the transfer date. Establishments previously grandfathered must be brought into compliance with these regulations. Establishments operating under a variance must resubmit a variance request in writing as outlined in Subsection I of these regulations.
(10)
No food establishment shall add any form of food service without
the written approval of the Board. Application for the approval of
any such additional service(s) must be done in writing and submitted
for review to the Board.
(11)
Prior to commencement of operations, any food establishment
applying for a permit for the first time or after a significant span
of time of discontinued operations (as determined by the Board) will
be subject to a pre-operation inspection. At the time of the inspection,
the food establishment shall demonstrate sufficient readiness to begin
operations and shall have no significant violations as deemed by the
Board. The food establishment permit is not considered active until
such a time as the Board has deemed its operational capacity to be
sufficient through the conduct of this pre-opening inspection and
any subsequent reinspections necessary to correct violations to these
and other applicable regulations.
D.
Equipment and physical facilities.
(1)
All food equipment installed in a food establishment, including refrigeration
and freezer units, cooking equipment, hot and cold holding units,
and tables used for the preparation of food, must be National Sanitation
Foundation (NSF) approved.
(2)
All equipment shall meet all applicable local and state laws and
statutes, including but not limited to 527 CMR 1.00 ("Fire Code")
for vent hoods and other fire prevention systems, 248 CMR 10.00 ("Uniform
State Plumbing Code") for plumbing fixtures, and 527 CMR 12.00 ("Massachusetts
Electrical Code").
(3)
All restrooms shall be equipped with a covered trash receptacle.
E.
Grease interceptors
(1)
All
food establishments in possession of an internal grease trap that
connects to a public waste disposal system must be inspected monthly
by the permit holder, their designated representative, or a licensed
offal hauler. Said grease traps must be cleaned/emptied by either
the permit holder, their designated representative, or a licensed
offal hauler every four (4) months or when an inspection reveals that
the contents of the grease trap exceed 25% of its maximum capacity,
whichever is sooner. All food establishments in possession of an external
grease trap that connects to a public waste disposal system must be
pumped every four (4) months at a minimum by a licensed offal hauler.
Service records for both forms of grease trap must be maintained on-site
and be accessible for review by the Board or its agent(s).
(a)
Exceptions to the requirement for the proposed cleaning schedule for internal grease traps may be issued by the Board on a case-by-case basis, provided the permit holder submits a written request for an exception to Subsection E(1) of these regulations alongside an explanation why the requirement is not necessary to protect the public health and the integrity of the public waste disposal system, or would otherwise constitute a manifest injustice. The Board will issue a decision in writing, a copy of which must be maintained on-site of the food establishment for review on request by the Board, as well as the office of the Board of Health.
(2)
Any inspections conducted of internal grease traps as specified in Subsection E(1) must be recorded and kept on-site of the food establishment for review on request by the Board. Such records will, at minimum, have a time and date of the inspection, the level of grease noted at time of inspection, what corrective action(s) were taken (if any), and the initials of the individual who conducted the inspection. This documentation shall be retained on-site for a period of no less than two (2) years.
(3)
All
food establishments in possession of a grease trap that connects to
a private septic system, whether internal or external, shall conform
to the requirements for maintenance and repair of said grease trap
as specified in 310 CMR 15.00 ("Title V").
(4)
New or remodeled food establishments that prepare food with a seating
capacity in excess of 75 seats must install an external grease trap
with a minimum capacity of 1,500 gallons.
(5)
Waste grease and oil shall not be disposed by the sanitary sewer.
All waste oil and grease must be collected in an appropriate container
provided by an approved vendor. The container must be stored on an
impervious surface such as concrete or pavement.
F.
Operations
(1)
Every food establishment permit holder (annual, seasonal, or temporary)
shall employ at least one (1) full-time equivalent person in charge
who shall be an on-site manager or supervisor and is at least 18 years
of age, and who by being a certified food protection manager has shown
proficiency of required information through passing a test that is
part of an accredited program recognized by the Massachusetts Department
of Health. Each food service establishment shall be required to have
a certified food protection manager on staff at all times that food
is being prepared and/or served. Documentation of successful completion
must be on file in the Board of Health office as well as on-site at
the food establishment, readily available during inspection. One approved
course must be taken every five (5) years. If the certified food protection
manager is transferred, terminated, or terminates employment, the
permit holder shall notify the Board in writing and shall have sixty
(60) days to employ a replacement. The Board may grant an extension
not to exceed an additional sixty (60) days to comply with this requirement
if deemed necessary.
(2)
Residential kitchens preparing only cottage foods are exempt from the requirements to maintain a food manager certification as specified in Subsection F(1). However, they shall at minimum possess a food handler certification.
(3)
All food establishments shall have a means of cleaning up vomiting
and diarrheal events, as well as other hazardous bodily fluid spills.
Tools necessary to properly clean such events must be readily accessible
to staff at all times, and a written procedure for how to address
such an event shall be maintained on the premises and provided during
an inspection.
(4)
All caterers licensed by the Board must maintain a record of catered
functions which includes at least the following: date, person (name,
address, and telephone number), contracting services, menu, food preparation
staff, wait staff, and approximate number of persons served. All establishments
which accommodate catered functions must retain for a minimum of 90
days a record of the name and address of the caterer, date of event,
person in charge of the function, and number of people in attendance.
(5)
All food establishments shall be required to contract with a Massachusetts
licensed pesticide applicator for pest control services. Said contract
shall specify monthly inspections of the establishment by the contractor
and elimination of any infestations, if encountered, at a minimum.
Each establishment shall make available for review by the Board a
copy of said contract and all receipts of pesticide application undertaken
by the licensed applicator, as well as any existing work logs and
records of investigations by said contractor.
G.
Inspections and enforcement.
(1)
Routine inspections of food establishments shall be conducted by
an agent of the Board every six (6) months. The Board may choose to
adopt a risk-performance-based inspection schedule prioritizing more
frequent inspections based upon its assessment of a food establishment's
history of compliance with these regulations, and the food establishment's
potential as a vector of foodborne illness. The Board may charge additional
fees proportional to an increase in number of inspections of the permit
holder. Whenever an inspection of a food establishment is made, the
findings shall be recorded on a printed inspection report form. This
inspection report shall be deemed an official order to correct the
violations noted therein. Time permitted for compliance shall depend
upon the nature of the violation and shall be noted within the inspection
report form.
(2)
Corrected violations will be confirmed via a reinspection of the
food establishment, conducted following the permitted time noted on
the original inspection form, at the discretion of the Board.
(3)
Any outstanding violations found during the reinspection will need to be corrected and confirmed at a second reinspection. The permit holder will be charged a fee as established in the Board of Health Fee Schedule (§ 201-23) for this reinspection. The time permitted for compliance shall depend on the nature of the violation and shall be noted within the inspection report form.
(4)
Any outstanding violations found during a second reinspection will need to be corrected and confirmed at a third reinspection. The permit holder will be charged a fee in addition to the fee listed in Subsection G(3) as established in the Board of Health Fee Schedule (§ 201-23). In addition, the permit holder will be required to come before the Board, whereupon a correction plan must be submitted to the satisfaction of the Board. Failure to correct violations by the time of the third reinspection may be deemed by the Board as sufficient cause to suspend or revoke the food establishment permit. The time permitted for compliance shall depend on the nature of the violation and shall be noted within the inspection report form.
(5)
The Boards reserves the right to impose additional fees for specific
violations for reasons including but not limited to the following:
(a)
The violation creates an imminent health hazard as defined in
105 CMR 590.
(b)
The violation in question is of sufficient severity as decided
by the Board to constitute a significant risk to health and safety.
(c)
The violation in question has recurred in prior inspections,
or existing records indicate that the food establishment has been
fined in the past for said violation and the violation has recurred.
(d)
The violation relates to possession or operation of a piece
of equipment that does not possess approval by the Board.
(7)
Payment of all incurred fees is the responsibility of the permit
holder. Until such a time as all outstanding fees are paid, the permit
holder will not be eligible for renewal of their food establishment
permit.
(8)
For the purposes of these regulations, inspections conducted to address
general or illness complaints do not count as a reinspection.
H.
Frozen dessert.
(1)
105 CMR 500.000 ("Good Manufacturing Practices for Food") is hereby
adopted as a local regulation for the Town of Northbridge.
(2)
In the event of a conflict between these regulations and 105 CMR
500, the more stringent regulations shall apply.
(3)
Any individual, company, or other organization wishing to operate
a frozen dessert machine in the Town of Northbridge must first obtain
a food establishment permit appropriate to their type of establishment.
(4)
Any food establishment operating in the Town of Northbridge that
wishes to operate a frozen dessert machine must obtain a frozen dessert
permit from the Board.
(5)
All frozen dessert machines must conform to the requirements for
equipment as specified in these regulations, in addition to requirements
for equipment as specified in other applicable local, state, and federal
laws, bylaws, and regulations.
(6)
Frozen dessert permit applications must be submitted with all applicable
documentation. A frozen dessert permit will be valid for a period
of no longer than one (1) year commencing March 1.
(7)
Frozen dessert permits are nontransferable.
(8)
Frozen dessert machines shall be tested at a frequency and to the
specifications outlined in 105 CMR 500.
(9)
A copy of all testing reports and all other documentation required
by 105 CMR 500 shall be submitted to the Board, and a copy of such
documentation shall be retained on-site for a period of no less than
two (2) years and shall be available upon request by the Board.
I.
Variance. Any request for a variance from these regulations must
be submitted in writing to the Board. The Board shall within 30 days
of receipt of the request for variance hold a public meeting, at which
time the applicant must demonstrate to the Board, by clear and convincing
evidence, that there will be no adverse effect on the public health
by the granting of the variance request. All decisions rendered by
the Board shall be made in writing and shall be kept on file in the
office of the Board of Health.
[1]
Editor's Note: Former § 201-3, Frozen dessert machines
at retail level, was repealed 11-14-2022, effective 1-1-2023.
[1]
Editor's Note: Former § 201-4, Installation and
maintenance of grease traps; removal of grease from food establishments,
was repealed 11-14-2022, effective 1-1-2023.
A.
310 CMR 15.00, Title V of the State Environmental Code, as most recently
amended, is hereby adopted as a local regulation for the Town of Northbridge.
B.
Percolation and soils evaluation testing procedures.
(1)
Application for percolation/soils evaluation testing must be filled
out completely and submitted with appropriate fee to the Board of
Health office prior to testing. This form shall include the name of
the applicant, owner if different, street address, map and parcel
number (available from the Assessor's office), the location of the
proposed testing and the name of the registered professional engineer,
registered sanitarian or other professional authorized by law who
will be performing the test in the presence of the Board of Health
agent. Included with this application shall be the Assessor's map
showing the location of the testing with directions to the site (off
road), etc. For large tract testing a copy of the proposed lots will
be required. Utility pole number nearest lot may also be required.
All documentation will be required prior to testing.
(2)
The Board of Health will issue a permit number for each application
submitted. This number is required when scheduling testing with the
Board of Health agent. No testing will be scheduled without this number.
The Engineer for the applicant requesting the testing shall contact
the Board of Health agent a minimum of seven days prior to the requested
date. Testing will be scheduled on a first-come first-served basis.
(3)
Percolation and soils evaluation tests may be made at any scheduled
time during the year. However, an acceptable percolation test does
not mean the lot is buildable.
(4)
Soils evaluation holes on single lots must be excavated prior to
the agent's arrival on site and are to be left open for inspection.
Soils evaluation holes shall be excavated on the day of testing and
not the day before.
(5)
At the time of testing, the engineer performing the test will set
a permanent bench mark and provide the Board of Health agent with
elevations of each percolation and soils evaluation test performed.
The engineer shall also provide horizontal ties to all permanent landmarks,
property corners, utility poles, etc. This includes failed tests and
abandoned tests as well.
(6)
For new construction only, the engineer will be required to place
grade stakes in all soils evaluation holes. These stakes will be marked
with the test number and date of testing. The stakes will serve to
locate the testing at future dates. This is not a requirement for
soils testing on septic system repairs.
(7)
For testing on large tracts of land or land not easily accessible,
the engineer performing the test will provide to the Board of Health
within 60 days of testing, but in any case prior to submitting design
plans, the above information (elevations and ties) or the results
will be considered null and void and a new application and fee will
be required. This will also violate 310 CMR 15.018 which gives soil
evaluators 60 days to submit test information or face revocation of
certification.
(8)
In areas of rock outcrops, ledge, or other areas comprised of less
than four feet of natural occurring pervious material, a minimum of
four soils evaluation holes will be required to ensure on-site suitability.
The Board of Health agent may require additional holes if necessary.
(9)
In the case of a cancellation of testing, the Board of Health agent
must be notified 24 hours prior to the scheduled test to avoid forfeiture
of application fee. This does not include cancellation due to weather
conditions.
(10)
The applicant's engineer must submit, within 60 days of the
date of the percolation and/or soils evaluation, the results of those
tests on Department of Environmental Protection approved forms pursuant
to 310 CMR 15.018. When testing is done separately results shall be
forwarded and not left until the testing has been completed.
(11)
A complete soils test shall be valid for a period of two years.
A complete soils test shall be considered the performance of both
the soils evaluation holes and percolation test. The two-year period
shall commence upon the performance of the complete soils test.
(12)
If the tests are done separately (soils evaluation one time,
percolation test another), then the remaining part of the test must
be completed within one year of the performance of the first part
of the test to avoid forfeiture of the application. A new application
will be required to continue testing.
(13)
If one or both tests should fail and the lot is comprised of
enough area, then all other testing must be performed at least 60
feet from the failed test. A second application with appropriate fee
may be required prior to testing. Abandoned test (other than due to
high groundwater) will be considered as failures.
(14)
Unused applications will be good for a period of one year, after
which time they shall be considered null and void and a new application
submitted; application fees are nonrefundable.
(15)
Additional tests due to movement of the system or other engineering
requirements will need a new application and will be subject to scheduling
procedures.
(16)
Extensions beyond the two-year time limit for completed test are allowed with certain provisions. Please see § 201-5M of these regulations.
(17)
As of March 31, 1998, the Board of Health will no longer accept
soils data performed under the 1978 Title 5 Code.
C.
Plan requirements.
(1)
All requests for plan reviews shall be submitted to the Board of
Health office using the request for plan review form. Each request
must include the appropriate fee, an application for disposal works
construction permit and six sets of the design plan.
(2)
All plans are to show name of applicant, owner's name and name of
individual for whom the percolation test was performed (if different
from present applicant), engineer at the time of testing, and agent
witnessing the test as well as others present on site. The house number
and street location of the lot should be shown and reference made
to the lot designation used when the percolation tests were performed
(if different) as well as the permit number from the subsurface testing.
(3)
The minimum effluent loading rate for design shall be 0.6 gpd/sq.
ft.
(4)
The following information will be required on all plan review submittals
and shall be considered amendments to 310 CMR 15.00, Title 5 of the
State Environmental Code:
(b)
Design criteria.
[1]
Number of bedrooms.
[2]
Number of people (if required).
[3]
Square footage of building (if required).
[4]
Number of gallons per day.
[5]
System in nitrogen-sensitive area (then no more than 440 gpd
per acre required; well and septic quality as nitrogen sensitive).
[6]
Size of septic tank (minimum of 1,500 gallons).
[7]
Note that no garbage disposal is allowed.
[8]
Note that hydraulic cement is required to seal all connections
at the septic tank and D-box.
[9]
Note that water softeners are not to be connected to tank.
(c)
Property plan.
[1]
Property lines with bearings and distances.
[2]
Building setback lines in accordance with zoning.
[3]
Lot number, area and deed reference.
[4]
Existing topography shown as dashed lines at two-foot contour
intervals minimum (at least 100 feet in all directions).
[5]
Proposed topography shown as solid lines at two-foot contour
intervals minimum (at least 100 feet in all directions).
[6]
Plan at 20 scale (30- and 40-scale plans will not be allowed);
locus plans allowable at a lesser scale.
[7]
North arrow.
[8]
Locus map.
[9]
Property abutter(s) (direct abutters only).
[10]
Two permanent bench marks with good descriptions shown on the
lot out of the construction area; ties to bench marks will be required.
[11]
Street name and width; note public or private.
[12]
Note any stormwater drainage or note that none exists.
[13]
Note any wetland areas and who flagged or state that no wetlands
are found within 200 feet of the disturbed area.
[14]
Show all water supplies, existing and proposed, within 200 feet
(well and municipal) of the proposed septic system or note if over
200 feet.
[15]
Show all septic systems within 150 feet of the proposed septic
system or note if greater than 150 feet.
[16]
Distance ties to well.
[17]
Distance ties to septic system (include at least two ties to
opposite corners).
[18]
Any and all easement, shown and labeled with metes and bounds.
[19]
Show Flood Hazard Map reference and state if project falls within
a flood hazard area.
[20]
Note if area is tributary to a drinking water supply or note
if not.
[21]
Show any and all public drinking water supply wells or note
if none exist.
[22]
Show any overhead wires and underground utilities or state that
none exist.
[23]
A Dig Safe note and telephone number shall appear on all plans.
[24]
State which zone the parcel lies in and show setback requirements.
(This will be reviewed by the Building Inspector.)
[25]
Legend.
[26]
House/building sill and basement floor elevations.
[27]
Proposed spot elevations at house (pipe exit); all corners of
house; septic tank; D-box; system.
[28]
Septic tank and D-box shown and labeled; also pump chamber when
applicable.
[29]
Show removal of A and B horizons (top and subsoil) on plan view
and in general notes.
[30]
Show reserve area clearly.
[31]
Show all testing, including failed testing. (System should be
placed in test area.)
[32]
Show monuments/markers that were used to field locate all testing.
[33]
Clearly indicate that breakout is achieved for the complete
system.
[34]
Show all means of stabilizing slopes. (For any slope two to
one or less, environmental matting will be used.)
[35]
Clearly indicate how runoff from the system will be handled;
do not direct to others property. (Rip-rap may be required.)
[36]
Show a limit of construction on the plan view.
[37]
When wetlands are present then all mitigating measures (haybales/fencing)
will be shown with details.
[38]
If a clay barrier is used, the clay specifications must be at
10-7 cm/s; a detail showing the width and
elevations for the barrier will be provided as well as the origin
of the clay used. (No tailings, backwash, etc., shall be used.)
(d)
Soils testing data.
[1]
Date(s) of all testing.
[2]
Applicant at time of testing.
[3]
Those present at time of testing (engineer; Board of Health
agent; excavator).
[4]
Soils test pit data; including estimated high groundwater.
[5]
Percolation test data.
[6]
Soils certification: "I certify that on (date) I have passed
the examination approved by the Department of Environmental Protection
and that the above analysis has been performed by me consistent with
the required training, expertise and experience described in 310 CMR
15.018(2)."
(e)
Proposed profile.
[1]
Invert at building.
[2]
Invert into septic tank.
[3]
Invert out of septic tank.
[4]
Invert into D-box.
[5]
Invert out of D-box.
[6]
Invert at beginning of all components.
[7]
Invert at end of all components.
[8]
Spec out SCH 40 pipe (perforated) for system.
[9]
Spec out 1 1/2-inch double-washed stone only.
[10]
Spec out 3/8-inch double-washed pea-stone only.
[11]
Note pipe diameter and slope.
[12]
Show pipe length (distance) and slope.
(5)
Massachusetts General Law allows for a forty-five-day review period
to review subsurface sewage disposal system design plans. If plans
are returned for revisions, the forty-five-day review period begins
anew upon resubmission of plans. New sets of plans must be submitted
when revisions are required. The original plans will not be allowed
to be resubmitted for review.
(6)
The line from house to the septic tank shall be run straight with
no bends. After tank, angles greater than 22 1/2° shall not
be permitted.
(7)
When a concrete retaining wall is to be used to confine septic breakout,
a complete plan showing all details will be required. This plan must
include all types of steel required, including spacing and number.
Elevations of the wall must be shown on both the detail plan and the
plan view on the septic plan. (Specify air-entrained concrete at 4,000
psi.) This plan must be stamped by a Commonwealth of Massachusetts
professional civil or structural engineer. This engineer will be responsible
for all construction and inspection of the wall and will be required
to certify as such.
(8)
Systems utilizing a clay barrier to contain breakout must show a
detail plan of the proposed barrier, including top and bottom elevations.
All plans utilizing a clay barrier will specify clay at 10-cm/sec.
(9)
Systems for repair using alternative technology shall be accompanied
by data on the use and design as well as the Department of Environmental
Protection approval status. The name and telephone number of the alternative
technology company shall appear on the plan.
(10)
Plans must have a locus map and all utility poles with their
respective numerical designation shall be shown within 100 feet of
the property line or within 150 feet of the soil testing area, whichever
is lesser.
(11)
The applicant's engineer is to design and submit the plans in
accordance with Title 5 and any local regulations using the checklist
provided by the Board of Health office. The minimum scale for all
plans submitted for review shall be one inch equals 20 feet. All plans
shall be blue or black line prints on white background. No photocopies
will be allowed unless wet-stamped and signed in blue ink. If, in
the opinion of the Board of Health or its agent, the plan is not legible,
it shall be returned without review.
(12)
Topography at a minimum of two-foot contour intervals shall
be shown on the plan to a minimum of 100 feet in all directions from
proposed sewage system and expansion area. The Board or its agent
shall require additional topography if, in its opinion, a greater
distance is required to evaluate the proposed sewage system as to
compliance with all local regulations. Driveways with appurtenant
grading must be shown if within 100 feet of a sewage system.
(13)
No garbage disposal units shall be installed in buildings served
by subsurface sewage disposal systems. No water softener shall discharge
to a septic system.
(14)
Sufficient elevations shall be shown, including final grades
at each of the four corners of the building, to indicate clearly how
the surface drainage is to be handled. In some cases it shall be necessary
to consider effect on nearby properties. No low spots that allow ponding
of rainfall runoff shall be permitted. All existing landmarks, including
edge of pavement, stone walls, wire fences, old foundations, etc.,
must be shown.
(15)
Limits of topsoil and subsoil being removed and replaced must
be shown when a system is to be constructed in or about that zone.
Plans will not be approved with this information not shown.
(16)
All wetlands, as defined by the Wetlands Protection Act and
Rivers Protection Act, shall be shown within 200 feet of the sewage
system.
(17)
No soil absorption system shall be placed closer than 50 feet
to any wetlands, watercourse or any other watercourse. The Title 5
definition of watercourse shall apply.
(18)
No repair septic system shall be placed closer than 25 feet
to a watercourse even if utilizing alternative technology.
(19)
The location of all wells and water supplies within 200 feet
of the proposed system shall be shown or a statement of certification
that none are known to exist within 200 feet of the leach area. All
sewage systems within 150 feet of a proposed well location shall be
shown or a statement of certification that none are known to exist
within that distance shall be indicated on the plans.
(20)
Wells shall be placed a minimum of 10 feet from the property
lines.
(21)
There must be sufficient property line information to clearly
show the location of the system on the lot. Ties from the well and
septic system to the property lines must be shown.
(22)
Two bench marks must be provided, one of which is to be of a
permanent nature. One bench mark should be located near the leach
area so that the installer does not have to run levels to install
the system. Both bench marks are to appear on the plan with both being
on the lot or in front of it and out of any excavation or fill area.
The statement "2nd bench mark to be set prior to construction" is
not valid.
(23)
A cross section of the leach area should be shown (need not
be to scale) with dimensions and elevations. The profile of the sewage
system shall be shown (need not be to scale) with invert and bottom
elevations indicated.
(24)
Interceptor trenches utilized to lower groundwater in the system
area must be installed prior to construction of the proposed septic
system to ensure proper functioning of the system. Once installed,
monitoring pipes on each side of the trench may be used to check elevations
during the deep hole season. Interceptor trenches installed during
the dry season (June to November) must be functioning at least 30
days prior to testing and must be tested during the wet season (December
to May). Only after approval of this trench will a disposal works
construction permit be issued.
(25)
Plans requiring additional testing will not be approved until
testing is completed.
(26)
Systems requiring a local upgrade approval and/or a state variance
will not be issued a disposal works construction permit until the
Board of Health has approved the local upgrade request and, when applicable,
been notified by Department of Environmental Protection that the request
for variance has been approved.
(27)
Systems requiring an order of conditions from the Conservation
Commission will not be issued a disposal works construction permit
until the appeal period has lapsed and the Commission has notified
the Board of Health that work on the system may commence.
(28)
Upon approval of the subsurface sewage disposal plan, the Board
of Health will sign the building permit, provided a private well is
not required. If a private well is required, the Board of Health will
sign the building permit only after a well permit is issued and quantity
and quality results have been submitted and approved by the Board
of Health.
(29)
A statement shall appear on the plan recommending that the well
be tested a minimum of every two years.
(30)
Plans will be valid for a period of three years commencing on
the date of approval shown on plan. The applicant will then have three
years from that approval date to pull a permit for construction.
(31)
All plans shall note the use of two-compartment tanks.
D.
Disposal works installer's license.
(1)
No person shall engage in the construction, repair or replacement
of an on-site sewage disposal system without first obtaining a disposal
works installer's license from the Northbridge Board of Health. All
such licenses shall expire December 31 of the calendar year in which
they were issued.
(2)
All applicants for disposal works installer's licenses shall be required
to take and pass an examination to demonstrate their knowledge of
Title 5 and these rules and regulations. A grade of 70% will be considered
passing.
(3)
The Board of Health may at its discretion waive the testing requirement
if the applicant possesses current licenses with three other Massachusetts
cities or towns.
(4)
Installers are required to keep their license to install active by submitting a minimum annual fee of $25 by March 1. Total annual license renewal fee [See § 201-23, Fee Schedule.] balance shall be paid when the first disposal works construction permit is taken out. Failure to renew a license by March 1 may require a reexamination of the written test at the expense of the applicant in the Board of Health office.
(5)
Applications for a license to install must be accompanied by a certificate
of insurance with liability insurance in a minimum amount of $100,000
and must be up-to-date. The certificate of insurance must be issued
to the individual seeking to obtain the installer license.
(6)
When installing, repairing or replacing a subsurface sewage disposal
system or any of its components, the licensed installer shall be required
to appear in the Board of Health office to fill out a disposal works
construction permit.
(7)
The installer shall be required to submit an installer as-built certification
form to the Board of Health for approval. The installer shall also
be required to sign the certificate of compliance upon completion
of work.
E.
Installation inspection procedures.
(1)
Only an installer licensed by the Board of Health can install or
repair a septic system. The licensed installer must fill out the appropriate
paperwork at the Board of Health office and pay any and all fees.
The installer who holds the license must sign the paperwork and the
permit. The installer must have the approved septic design plan and
permit prior to construction.
(2)
For new construction where the system components will be located
within 15 feet of the property line, the property corners and all
proposed structures, including house, well and system components,
the system must be staked out by a Commonwealth of Massachusetts registered
professional land surveyor prior to any construction on site. For
repair and upgrade systems, this procedure will not be a requirement
unless the situation warrants. The installer will be responsible for
the placement of the on-site system. It is recommended that the installer
hire a surveyor to stake the system.
(3)
The design engineer and the Board of Health agent must first review
any changes to the proposed construction by the installer. The request
for change will be made, in writing, by the design engineer, giving
the reason and the description of the change. All changes are subject
to Title 5, and should the proposed change require a variance it will
be subject to variance procedures. The change(s) must be approved
by the agent and Board of Health and must be shown on the as-built
plan.
(4)
The system will be inspected by both the Board of Health agent and
the design engineer at the following points:
(a)
Excavation of the A and B horizons (top and subsoil). The installer
shall excavate the proposed area for disposal in accordance with the
provisions on the design plan. The bottom of the excavation area must
be scarified at the time of inspection. The design engineer will measure
the length and width of the excavated area and show these on the as-built
forms.
(b)
Installation and placement of components.
[1]
The installer will construct the system in accordance with the
approved plan and any approved changes. The installer will provide
to the Board of Health the origin of the stone and sand used in the
construction process. Placement of all tees, gas baffles and endcaps
will be required at time of inspection. The tees in the septic tank
will be brought to the middles of the manhole opening. All unused
openings in the tank and D-box will be sealed with hydraulic cement.
The installer is to leave the vertical four-inch pipes at the ends
of the system to allow the measurement of the depth of stone. The
installer will have 24 hours to cover the system after inspection.
If a pump is installed, a licensed electrician is required to obtain
an electrical permit from the Town Electrical Inspector and be inspected
according to town requirements.
[2]
The design engineer will be responsible for the verification
of all elevations of the system and its components, including building
sill, top of septic tank and top of distribution box.
[3]
The Board of Health agent may at his discretion shoot the elevation
of any system component for verification. Additionally, the Board
of Health agent will be required to shoot all grades and elevations
for systems constructed by a design-build firm.
(c)
Final cover and grading. The installer will be required to have
all the final grading in place as well as all the breakout grades.
All areas around the site will be clear of any construction debris,
including downed trees, stumps, rocks, etc. The area will be ready
for loaming and seeding. Manhole covers will be brought to within
four inches of this grade, The design engineer will take measurements
of the grading around the entire system, including breakout grading,
top of system, top of D-box, top of tank, at all corners of the house
and where the pipe exits the house.
(d)
Stabilization of area.
[1]
The installer, upon approval to proceed, will stabilize the
entire system area to prevent erosion and keep the system area free
from any and all trees, debris or rocks of any size. During the growing
season acceptable methods of stabilization shall be loaming and seeding
or the laying of sod. If the growing season has passed, the acceptable
method of temporary stabilization shall be the use of matting and
hay on the entire system until final placement of loam and seed or
sod in the spring. In areas that have a greater than three to one
slope, environmental matting will be used to ensure slope stability
while the growing process continues. The installer will be responsible
for any earth settling that may occur and will repair as needed.
[2]
Any deviation from the above methods of stabilization must get
approval from the Board of Health or its agent prior to the signing
off of a certificate of compliance.
(5)
Calls for inspections by the Board of Health will be as follows:
(a)
All requests for inspections will go through the Board of Health
office. This is true for all inspections.
(b)
All inspections will require a forty-eight-hour notice.
(c)
Once the inspection has been performed the installer will be
notified of the results and may proceed once approved.
(d)
All reinspections will require a notice to the Board of Health,
and new inspection fees will be required.
(e)
Any installer who proceeds with installation of the system at
any stage without notice from the Board of Health or its agent will
be subject to license revocation. In addition, any work performed
will be subject to removal and replacement.
(6)
A copy of the approved design plan must be left on site in a location
where the Board of Health agent may have access to it.
(7)
After the system has been covered the installer shall place caution
tape around the entire system to ensure no construction vehicles pass
over the system.
(8)
Title 5 states that systems will not be constructed in frozen ground.
If temperatures during the winter months drop below freezing at night,
then the Board of Health or its agent may place a moratorium in effect
until the temperature rises above the freezing point.
F.
Repair procedures.
(1)
All repairs shall be consistent with 310 CMR 15.00, Title 5, and
the regulations of the Northbridge Board of Health. All repairs must
be reviewed and approved by the Board of Health agent.
(2)
Any disturbance within the area of the subsurface sewage disposal
system shall be considered a repair and shall require Board of Health
approval. All necessary permits and fees shall apply.
(3)
The definition of "repair" shall include but not be limited to the
replacement of system components, i.e., septic tank, distribution
box, soil absorption system. The pumping of a tank or leach pit or
the installation of baffles or a riser in conjunction with a Title
5 inspection shall not be included in this definition.
G.
Engineer's as-built plans.
(1)
Once the system has been inspected and covered, the design engineer
will forward to the Board of Health an as-built plan for review and
approval by the Board of Health agent. For review purposes four copies
of the as-built plan will be submitted superimposed on the approved
design plan showing location and elevation of the system as it is
constructed. Review will include groundwater offset and slope constructed.
Review will include groundwater offset and slope breakout as well
as proximity to testing. All as-built submittals will show the following
information, all of which will be shown in red ink:
(a)
Location of the septic system as it appears in the field shown
on the design plan.
(b)
All proposed and as-built elevations, including sill.
(d)
Swing ties from house corners to tank and D-box, and ends of
leaching system.
(e)
Well location and distance from tank and system.
(f)
All other wells within 200 feet.
(g)
Inspection dates and who was present for the engineer.
(h)
Location of house, referencing mortgage plot plan and showing
as-built footprint.
(i)
Show field footprint of house.
(2)
The design engineer shall be required to submit four copies of the
engineering as-built certification form and certificate of compliance
form, along with four sets of the as-built plan, to the Board of Health
for approval.
H.
Installer's certificate.
(1)
The licensed installer will submit the installer as-built certification
form with all data required. The Board of Health agent will not sign
the certificate of compliance without this information.
(2)
The certificate will have at least one dated copy of the origin of
the gravel and sand (and clay, if applicable) used in the construction
of the system.
(3)
Certification by the operator of gravel/sand pit where the sand fill
material originated that the sand fill material is in compliance with
Department of Environmental Protection Title 5 specifications must
be provided by the installer to the Board of Health prior to issuance
of the certificate of compliance. Certification shall be dated no
greater than 60 days prior to the issuance of the disposal works construction
permit to construct the system.
I.
Component replacement procedures.
(1)
310 CMR 15.404(1) allows for replacement of a particular component
should a system fail a Title 5 inspection. When replacement is requested
other than during a Title 5 inspection, the applicant must seek Board
of Health approval.
(2)
The replacement of a steel tank or unsuitable concrete tank and/or
distribution box may be made by a licensed installer without an engineer.
The installer is required to take out a disposal works construction
permit in the Board of Health office and submit the proper application
and fees for the inspection of the component replacement. The installer
will also be required to sign the component certificate of compliance.
All tank replacements shall be at a minimum a one-thousand-five-hundred-gallon
two-compartment tank.
(3)
For systems which were constructed prior to 1978 or for systems for
which exists no record, the soil absorption system (leaching facility)
will not be allowed to be replaced without proper soils testing and
design.
(4)
For systems constructed after 1978 which have approved plans and
are only failed due to a clogged biomat, then replacement may be made
by a licensed installer. The installer will be required to have an
engineer submit an as-built plan showing elevations and location of
the system. Prior to a permit being allowed for replacement a report
stating the cause of the failure must be submitted by an engineer
to the Board of Health.
(5)
Once a permit is allowed for any component replacement, normal inspection
procedures will be followed and a component certificate of compliance
must be completed, signed and submitted to the Board of Health for
approval.
(6)
For soil absorption system replacements, the certificate of compliance
will not be considered complete until the submission of both the installer
as-built certification and the engineering as-built certification
forms.
J.
Certificate of compliance.
(1)
A new individual sewage disposal system and alteration or repairs
to an existing individual system shall not be placed in service, nor
shall new buildings or dwellings or additions thereto which must rely
on individual sewage disposal systems for sewage disposal be occupied,
until the Board of Health has issued a certificate of compliance indicating
that said disposal system has been located, constructed, altered or
repaired in compliance with the of the permit and the requirements
of Title 5 and these rules and regulations.
(2)
The certificate of compliance is the last document to be signed in
the approval process. Once the design engineer and installer have
submitted their as-built plans and installation certificates, they
must then sign the certificate of compliance. Please note that if
the as-built plans have been submitted and approved and the installation
certification has been submitted, but either the design engineer and/or
installer have not signed the certificate of compliance, then the
Board of Health agent cannot sign off on this certificate of compliance.
(3)
The Board of Health agent will only sign the certificate of compliance
after all system components have been inspected (including final grading
and stabilization) and the design engineer and installer sign the
form first.
(4)
It is the owner/applicant's responsibility to see that he/she has
all signatures necessary and that all documents are received in the
Board of Health office well in advance of any real estate closing
date. It will not be the responsibility of the Board of Health or
its agent to review as-built plans to ensure a closing date.
(5)
All designers/installers are to fill out the required certificate
of compliance as-built requirement form and submit four copies to
the Board of Health.
K.
Wetlands and floodplains.
L.
Local upgrade and state variance procedures.
(1)
Plans requiring a state variance or local upgrade using the provisions
of 310 CMR 15.401 through 15.422 must be accompanied by a letter requesting
the variance and/or upgrade. The section numbers, subparagraphs and
the reason for the request must be clearly noted in the letter and
filed with the local Board of Health. It will be the responsibility
of the applicant and/or his engineer to file the request with the
Department of Environmental Protection. All requests shall be shown
on the proposed design plan.
(2)
Local upgrades and variances will not be granted for new construction.
(3)
Plans requiring a local upgrade must be submitted upon the approved
Department of Environmental Protection form with abutter notification
when required. The applicant must notify the abutter by certified
mail at least 10 days prior to the Board of Health meeting at which
the variance/upgrade request will be on the agenda. The applicant
is responsible for obtaining an abutter's list from the Assessor's
office and is also responsible for mailing fees. Proof of notification
(certified return receipts) must be submitted to the Board prior to
the scheduled meeting date.
(4)
More than one upgrade request will result in the need for a state
variance when requesting a three-foot offset to groundwater. All requests
shall be shown on the proposed plan.
(5)
State variances are required when the proposed system cannot be designed
in full compliance with the code or by granting local upgrade provisions.
The Board of Health must approve or deny the variance. This decision
must be in writing.
(6)
A public hearing, when required, shall be held on all requests for
state variance and local upgrades. The Board of Health office shall
notify the applicant's engineer of the date and time of the hearing.
No public hearing will be scheduled until a plan has been approved
by the Board of Health agent. An approved plan by the agent is for
technical review only and does not imply Board of Health approval.
(7)
Voluntary upgrades of systems not in failure shall be required to
comply fully with 310 CMR 15.00.
(8)
In the case of a Title 5 variance request, notice of the grant of
each variance and date issued must be filed with the Department of
Environmental Protection (Department of Environmental Protection)
by the design engineer.
(9)
The Department of Environmental Protection shall, within 30 days
of receipt of the notice, approve, disapprove or modify the variance.
If the Department of Environmental Protection fails to comment within
30 days, approval shall be presumed.
(10)
No work may be done under any Title 5 variance until the Department
of Environmental Protection approves it or until 30 days have elapsed
without Department of Environmental Protection comment, unless the
Board of Health certifies, in writing, that an emergency exists.
(11)
Any variance granted under Title 5 might later be modified,
suspended, revoked or allowed to expire by the Board of Health or
Department of Environmental Protection. This action may apply to the
entire variance or a section thereof. Before any action may be taken,
however, the holder of the variance must be notified, in writing,
and given the opportunity to request a hearing.
(12)
Any person aggrieved by the decision of the Board of Health
or Department of Environmental Protection may seek relief by appealing
within 30 days in any court of competent jurisdiction as provided
by the laws of the commonwealth.
M.
Extensions: percolation/soils evaluation results.
(1)
Applications for extensions of percolation and soil evaluations require
a request for extension to be filed at the Board of Health office
with the appropriate fee in order to be considered by the Board of
Health at its next scheduled meeting.
(2)
Criteria for extensions:
(a)
The testing to be extended must have been performed after March
31, 1995, and certified by an approved soils evaluator.
(b)
The applicant or his/her agent must apply for the extension
prior to the expiration of the first two-year period. This is solely
the responsibility of the applicant and his/her agent.
(c)
The Board of Health agent will perform a site investigation
to determine if any topographical changes or excavations have occurred
since the completed soils testing was finished.
(d)
If requested after the Board of Health agent's inspection, the
application for extension must be accompanied with an engineer's sketch
(need not be to scale), showing the location of the testing (using
offset ties) and the elevations of the site (showing bench marks).
Sketch must be legible.
(3)
The Board of Health agent, upon visual inspection of the site, shall
notify the Board of Health of the findings. The Board of Health reserves
the right to approve or deny the request for extension.
(4)
Periods of extension will be granted for a two-year period. Each
subsequent extension will also be for a two-year period.
(5)
An extension of the soil evaluation is not required when the sewage
disposal plan approval is on file with the Board of Health unless
the periods of extension for the plan have been exhausted, then a
soils evaluation extension request prior to the expiration of the
plan approval would be required.
N.
Extensions: approved septic system design plans.
(1)
Applications for extensions of approved septic system design plans
require a request for extension to be filed at the Board of Health
office with the appropriate fee in order to be considered by the Board
of Health at its next scheduled meeting. A new application for disposal
works construction permit shall also be filed with the request for
extension.
(2)
Criteria for extensions:
(a)
The testing to be extended must have been performed after March
31, 1995.
(b)
The applicant or his/her agent must apply for the extension
prior to the expiration of the first three-year period. This is solely
the responsibility of the applicant and his/her agent.
(c)
The Board of Health agent will perform a site investigation
to determine if any topographical changes or excavations have occurred
since the completed soils testing was finished.
(3)
The Board of Health agent, upon visual inspection of the site, shall
notify the Board of Health of the findings. The Board of Health reserves
the right to approve or deny the request for extension.
(4)
Periods of extension may be granted for a one-year period only.
(5)
If construction of the sewage disposal system has not commenced prior
to the expiration of all extensions received, it will be necessary
for the applicant/owner to apply for an extension of the soils evaluation.
If approved, new sewage disposal plans in compliance with current
Title 5 regulations will need to be submitted for approval utilizing
the soils evaluation on file. If the soils evaluation extension request
is denied, then a new soils evaluation will be required and a new
sewage disposal plan in compliance with current Title 5 regulations
will be required.
O.
Septage hauler permits.
(1)
No person shall engage in the pumping of a septic system or the hauling
of septic waste without first obtaining a septage hauler permit from
the Board of Health.
(2)
The appropriate fee and certificate of insurance in the amount of
$100,000 to $300,000 general liability must accompany all applications
for septage hauler permits.
(3)
All septage haulers licensed by the Board of Health must submit a
copy of the pumping slip for those systems pumped within the Town
of Northbridge. These slips must include street address, owner of
property and amount of sewage collected and where disposed, and date
of collection. These slips are due within days of the actual date
of pumping.
P.
Building permit considerations (other than new construction).
(1)
All building permit applications which require an expansion or upgrade
to the on-site sewage disposal system or where a connection to municipal
sewer is proposed to accommodate the additional flow shall be required
to be upgraded prior to Board of Health approval of the building permit
application.
(2)
Aboveground pools shall be set back a minimum of 10 feet from both
the septic tank and the sewage disposal system.
(3)
When a bedroom-count deed restriction is deemed necessary by the
Board of Health, the deed restriction shall be recorded at the Registry
of Deeds prior to Board of Health approval of the building permit
application.
A.
Purpose. Whereas floor drains in industrial and commercial facilities are often tied to a system leading to a leaching structure (e.g., dry well, cesspool, leach field) or a septic system; and poor management practices and accidental and/or intentional discharges may lead petroleum and other toxic or hazardous materials into these drainage systems in facilities managing these products; and improper maintenance or inappropriate use of these systems may allow the passage of contaminants or pollutants entering the drain to discharge from the leaching structure or septic system to the ground; and discharges of hazardous wastes and other pollutants to floor drains leading to leaching structures and septic systems have repeatedly threatened surface and ground water quality throughout Massachusetts; and surface and ground water resources in the Town of Northbridge contribute to the Town's drinking water supplies; the Town of Northbridge Board of Health adopts the following regulation, under its authority as specified in Subsection B, as a preventative measure for the purpose of preserving and protecting the Town of Northbridge's drinking water resources from discharges of pollutants to the ground via floor drains, and minimizing the threat of economic losses to the Town due to such discharges.
B.
Scope of authority. The Town of Northbridge Board of Health adopts
the following regulation pursuant to authorization granted by MGL
c. 111, §§ 31 and 122. The regulation shall apply,
as specified herein, to all applicable facilities, existing and new,
within the Town of Northbridge.
C.
COMMERCIAL OR INDUSTRIAL FACILITY
DEPARTMENT
DISCHARGE
DRINKING WATER RESOURCE
FACILITY
FLOOR DRAIN
LEACHING STRUCTURE
OIL/WATER SEPARATOR
TOXIC OR HAZARDOUS MATERIAL
USE OF TOXIC OR HAZARDOUS MATERIAL
Definitions. For the purposes of this regulation, the following words
and phrases shall have the following meanings:
A public or private establishment where the principal use
is the supply, sale, and/or manufacture of services, products, or
information, including but not limited to manufacturing, processing,
or other industrial operations; service or retail establishments;
printing or publishing establishments; research and development facilities;
small- or large-quantity generators of hazardous waste; laboratories
and hospitals.
The Massachusetts Department of Environmental Protection.
The accidental or intentional disposal, deposit, injection,
dumping, spilling, leaking, incineration, or placing of toxic or hazardous
material or waste upon or into any land or water so that such hazardous
waste or any constituent thereof may enter the land or waters of the
commonwealth. Discharge includes, without limitation, leakage of such
materials from failed or discarded containers or storage systems and
disposal of such materials into any on-site leaching structure or
sewage disposal system.
Any and all potable water supplies, including but not limited
to public water supply, public wells, private wells, and surface and
ground water.
Commercial or industrial facility as defined above.
An intended drainage point on a floor constructed to be otherwise
impervious which serves as the point of entry into any subsurface
drainage, treatment, disposal, containment, or other plumbing system.
Any subsurface structure through which a fluid that is introduced
will pass and enter the environment, including, but not limited to,
dry wells, leaching catch basins, cesspools, leach fields, and oil/water
separators that are not watertight.
A device designed and installed so as to separate and retain
petroleum-based oil or grease, flammable wastes as well as sand and
particles from normal wastes while permitting normal sewage or liquid
wastes to discharge into the drainage system by gravity. Other common
names for such systems include MDC traps, gasoline and sand traps,
grit and oil separators, grease traps, and interceptors.
Any substance or mixture of physical, chemical, or infectious
characteristics posing a significant, actual, or potential hazard
to water supplies or other hazards to human health if such substance
or mixture were discharged to land or water of the Town of Northbridge.
Toxic or hazardous materials include, without limitation, synthetic
organic chemicals, petroleum products, heavy metals, radioactive or
infectious wastes, acids and alkalis, and all substances defined as
toxic or hazardous under Massachusetts General Laws (MGL) Chapters
21C and 21E or Massachusetts Hazardous Waste regulations (310 CMR
30.000), and also include such products as solvents, thinners, and
pesticides in quantities greater than normal household use.
The handling, generation, treatment, storage, or management
of toxic or hazardous materials.
D.
Prohibitions. With the exception of discharges that have received
(or have applied and will receive) a Department-issued permit prior
to the effective date of this regulation, no floor drain shall be
allowed to discharge, with or without pretreatment (such as an oil/water
separator), to the ground, a leaching structure, or septic system
in any industrial or commercial facility if such floor drain is located
in either:
(1)
An industrial or commercial process area;
(2)
A petroleum, toxic, or hazardous materials and/or waste storage area;
or
(3)
A leased facility without either Subsection D(1) or (2) of this section, but in which the potential for a change of use of the property to a use which does have either Subsection D(1) or (2) is, in the opinion of the Board of Health or its agent, sufficient to warrant the elimination of the ground discharge at the present.
E.
Requirements for existing facilities.
(1)
The owner of a facility in operation prior to the effective date of this regulation with a prohibited (as defined under Subsection D) floor drain system shall:
(a)
Disconnect and plug all applicable inlets to and outlets from
(where possible) applicable leaching structures, oil/water separators,
and/or septic systems;
(b)
Remove all existing sludge in oil/water separators, septic systems
and, where accessible, leaching structures. Any sludge determined
to be a hazardous waste shall be disposed of in accordance with state
hazardous waste regulations (310 CMR 30.000). Remedial activity involving
any excavation and/or soil or groundwater sampling must be performed
in accordance with appropriate Department policies;
(c)
Alter the floor drain system so that the floor drain shall be
either:
[1]
Connected to a holding tank that meets all applicable requirements
of Department policies and regulations, with hauling records submitted
to the Town of Northbridge Board of Health at the time of hauling;
[2]
Connected to a municipal sanitary sewer line, if available,
with all applicable Department and local permits; or
[3]
Permanently sealed. (Any facility sealing a drain shall be required
to submit for approval to the Board of Health a hazardous waste management
plan detailing the means of collecting, storing, and disposing any
hazardous waste generated by the facility, including any spill or
other discharge of hazardous materials or wastes.)
(2)
Any oil/water separator remaining in use shall be monitored weekly,
cleaned not less than every 90 days, and restored to proper conditions
after cleaning so as to ensure proper functioning. Records of the
hauling of the removed contents of the separator shall be submitted
to the Board of Health at the time of hauling.
(3)
Compliance with all provisions of this regulation must be accomplished
in a manner consistent with Massachusetts Plumbing, Building, and
Fire Code requirements.
(4)
Upon complying with one of the options listed under Subsection E(1)(c), the owner/operator of the facility shall notify the Department of the closure of said system by filing the Department's UIC notification form (which may be obtained by calling 617-292-5770) with the Department and sending a copy to the Northbridge Board of Health.
F.
Effective date. The effective date of this regulation is July 1,
2003.
(1)
Existing facilities:
(a)
Owners/operators of a facility affected by this regulation shall
comply with all of its provisions within 120 days of the effective
date of this regulation;
(b)
All applicable discharges to the leaching structures and septic
systems shall be discontinued immediately through temporary isolation
or sealing of the floor drain.
(2)
New facilities:
(a)
As of the effective date of the regulation, all new construction
and/or applicable change of use within the Town of Northbridge shall
comply with the provisions of this regulation.
(b)
Certification of conformance with the provisions of this regulation
by the Board of Health shall be required prior to issuance of construction
and occupancy permits.
G.
Penalties. Failure to comply with provisions of this regulation will
result in the levy of fines of not less than $200, but no more than
$1,000. Each day's failure to comply with the provisions of this regulation
shall constitute a separate violation. [Note: Effective 1992, under
MGL c. 111, § 31 (violation of health regulation), maximum
fines increased from $500 to $1,000, and under MGL c. 111, § 122
(violation of nuisance regulations), maximum fines increased from
$100 to $1,000.]
H.
Severability. Each provision of this regulation shall be construed
as separate to the end that if any provision or sentence, clause or
phrase thereof shall be held invalid for any reason, the remainder
of that section and all other sections shall continue in full force
and effect.
[Amended 9-24-2013, effective 10-4-2013; 11-13-2018, effective 12-30-2018]
A.
Statement of purpose. Whereas there exists conclusive evidence that
tobacco smoke causes cancer, respiratory and cardiac diseases, negative
birth outcomes, irritations to the eyes, nose and throat; and whereas
more than 90% of all smokers begin smoking before the age of 18 (See
Preventing Tobacco Use Among Young People, Surgeon General's Report,
1994.); and whereas an estimated 3,000 minors begin smoking every
day in the United States (See Cancer Facts & Figures - 1993, American
Cancer Society); and whereas the United States Department of Health
and Human Services has concluded that nicotine is as addictive as
cocaine or heroin; and whereas despite state laws prohibiting the
sale of tobacco products to minors, access by minors to tobacco products
is a major problem; now, therefore, it is the intention of the Northbridge
Board of Health to curtail the access of tobacco products by minors.
B.
Authority.
(1)
This regulation is promulgated pursuant to the authority granted
to the Northbridge Board of Health by MGL c. 111, § 31,
that Boards of Health may make reasonable health regulations.
C.
E-CIGARETTE
MINIMUM LEGAL SALES AGE (MLSA)
NICOTINE DELIVERY PRODUCT
PERSON
SELF-SERVICE DISPLAYS
TOBACCO/TOBACCO PRODUCTS/TOBACCO OR NICOTINE DELIVERY PRODUCTS
VENDING MACHINE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any electronic nicotine delivery product composed of a mouthpiece,
heating element, battery and/or electronic circuits that provides
a vapor of liquid nicotine to the user, or relies on vaporization
of solid nicotine or any liquid. This term shall include such devices
whether they are manufactured as e-cigarettes, e-cigars, e-pipes or
under any other product name.
The age an individual must be before that individual can
be sold a tobacco product in the municipality.
Any manufactured article or product made wholly or in part
of a tobacco substitute or containing nicotine that is expected or
intended for human consumption, but not including a product approved
by the United States Food and Drug Administration for sale as a tobacco
use cessation or harm reduction product or for other medical purposes
and which is being marketed and sold solely for the approved purpose.
Nicotine delivery products include, but are not limited to, e-cigarettes.
A person, employer, employee, retail store manager or owner,
or the owner or operator of any establishment engaged in the sale
of tobacco or nicotine delivery products.
Any display of tobacco or nicotine delivery products which
is located such that said products are accessible to customers without
assistance from an employee or store personnel.
Cigarettes, cigars, chewing tobacco, pipe tobacco, snuff,
tobacco in any of its forms, e-cigarettes or any other tobacco or
nicotine delivery product.
Any automated or mechanical self service device, which upon
insertion of money, tokens or any other form of payment, dispenses
cigarettes or any other tobacco or nicotine delivery product.
D.
permit required.
(1)
No person or entity shall sell or otherwise distribute tobacco or
nicotine delivery products within the Town of Northbridge without
first obtaining a tobacco and nicotine delivery product sales permit
issued annually by the Northbridge Board of Health.
(2)
The fee for a tobacco and nicotine delivery product sales permit
shall be determined by the Northbridge Board of Health. All such permits
shall be renewed annually on July 1.
(3)
Each applicant is required to provide proof of a current tobacco
sales license issued by the Massachusetts Department of Revenue before
a tobacco sales permit can be issued.
(4)
As part of the application process, the applicant will be provided
with the Northbridge Board of Health regulation. Each applicant is
required to sign a statement declaring that the applicant has read
said regulation and that the applicant is responsible for instructing
any and all employees who will be responsible for tobacco and nicotine
delivery product sales regarding both state laws regarding the sale
of tobacco and this regulation.
(5)
No tobacco and nicotine delivery sales permit holder shall allow
any employee to sell cigarettes or other tobacco or nicotine delivery
products until such employee reads this regulation and state laws
regarding the sale of tobacco and signs a statement, a copy of which
will be placed on file in the office of the employer, that he/she
has read the regulations and applicable state laws.
(6)
A separate permit is needed for each retail establishment selling
tobacco or nicotine delivery products.
(7)
The tobacco and nicotine delivery product sales permit shall be displayed
on the premises in a conspicuous location.
(8)
A tobacco and nicotine delivery product sales permit is nontransferable,
except a new permit will be issued to a retailer who changes location.
(9)
Issuance of a tobacco and nicotine delivery product sales permit
shall be conditioned on an applicant's consent to unannounced, periodic
inspections of his/her retail establishment to ensure compliance with
this regulation.
E.
Posting state law.
(1)
In conformance with and in addition to MGL c. 270, § 7, a copy of MGL c. 270, § 6, shall be posted conspicuously by the owner or other person in charge thereof in the shop or other place used to sell tobacco or nicotine delivery products at retail. The notice shall be provided by the Massachusetts Department of Public Health and made available from the Northbridge Board of Health. Such notice shall be at least 48 square inches and shall be posted at the cash register which receives the greatest volume of tobacco product sales in such a manner so that it may be readily seen by a person standing at or approaching the cash register. Such notice shall directly face the purchaser and shall not be obstructed from view or placed at a height of less than four feet or greater than nine feet from the floor. For all other cash registers that sell tobacco or nicotine delivery products, a notice shall be attached which is no smaller than nine square inches, which is the size of the sign provided by the Massachusetts Department of Public Health. Such notice must be posted in a manner so that it may be readily seen by a person standing at or approaching the cash register. Such notice shall directly face the purchaser and shall not be obstructed from view or placed at a height of no less than four feet or more than nine feet from the floor.
(2)
Signs shall be provided by the Massachusetts Department of Public
Health and be available from the Northbridge Board of Health.
F.
Tobacco sales to persons under the MLSA prohibited.
(1)
No person shall sell tobacco or nicotine delivery products or permit
tobacco or nicotine delivery products to be sold or given to a person
under the minimum legal sales age. (MLSA). The MLSA in Northbridge
effective December 30, 2018, is 21.
(2)
Each retailer shall verify, by means of government-issued photographic
identification containing the bearer's date of birth, that the purchaser
is 21 years of age or older. No such verification is required for
any person over the age of 26.
(3)
Each vendor shall each day display prominently the date and year
with the explicit provision that anyone born after that day may not
legally purchase tobacco or nicotine delivery products.
G.
Free distribution.
(1)
No person shall distribute tobacco or nicotine delivery products
substantially reduced in price from the prevailing average retail
price of the particular brand in the Town of Northbridge. No free
or nominal cost tobacco or nicotine delivery products shall be distributed
or sold within the Town of Northbridge.
(2)
No person shall distribute any coupon or voucher redeemable for free
or nominal cost tobacco or nicotine delivery products within the Town
of Northbridge.
(3)
No tobacco and nicotine delivery product sales permit holder shall
redeem or honor any coupons or vouchers redeemable for tobacco or
or nicotine delivery products within the Town of Northbridge.
H.
Packaging.
(1)
The sale or distribution of tobacco or nicotine delivery products
in any form other than original factory-wrapped package is prohibited.
(2)
No manufacturer, distributor or retailer may sell or cause to be
sold, or distribute or cause to be distributed any cigarette package
that contains fewer than 20 cigarettes, including single cigarettes.
I.
Self-service displays.
(1)
All self-service displays of tobacco or nicotine delivery products
are prohibited. All humidors, including, but not limited to, walk-in
corridors must be locked.
J.
Vending machine sales of tobacco or nicotine delivery products.
(1)
All tobacco and/or nicotine delivery product vending machines are
prohibited.
K.
Violations and penalties.
(1)
The Board of Health, its agent, or designee, may in accordance with
MGL c. 40, § 21D, and the Northbridge Code of Bylaws § 1-109A
enforce these regulations through the disposition of noncriminal fines
as set forth below effective December 30, 2018:
(a)
Sale of tobacco or nicotine delivery products to an individual
under the minimum legal sales age.
[1]
In the case of a first offense: a fine of $300 and mandatory
appearance before the Board of Health within 30 days of violation.
[2]
In the case of a second offense within 24 months of the date
of the current violation: a fine of $300 and the tobacco and nicotine
delivery products sales permit shall be suspended for a period of
15 consecutive business days and mandatory appearance before the Board
of Health within 30 days of the violation.
[3]
In the case of a third offense within 24 months of the date
of the current violation: a fine of $300 and the tobacco and nicotine
delivery products sales permit shall be suspended for a period of
60 consecutive business days and mandatory appearance before the Board
of Health within 30 days of the violation.
[4]
In the case of a fourth and subsequent offenses within 24 months
of the date of the current violation: a fine of $300 and the tobacco
and nicotine delivery product sales permit be suspended for a period
of one year and mandatory appearance before the Board of Health within
30 days of the violation.
[5]
Renewal of a tobacco and nicotine delivery product sales permit
after a fourth or subsequent offense of these regulations shall be
at the discretion of the Board of Health.
(b)
The tobacco sales permit holder, in the case of any violation
of these regulations, shall be required to submit written documentation
to the Board of Health that staff, specifically the employee determined
to be in violation of these regulations, has been re-trained in the
sale of tobacco and nicotine delivery products in the Town of Northbridge.
Documentation shall include, at a minimum, the date of re-training,
attendance, and evidence that a review and acknowledgement of state
laws and Northbridge Board of Health regulations governing tobacco
and nicotine delivery products was completed.
(c)
All other provisions of these regulations shall be punishable
by a fine of $50 for the first offense; $100 for the second offense
within 12 months of the date of the current violation; and $150 for
third and subsequent offenses within 12 months of the date of the
current violation.
(2)
Each day or portion thereof during which a violation continues shall
constitute a separate offense, and each provision of the chapter,
regulations or permit violated shall constitute a separate offense.
(3)
The Board of Health may, at its discretion, file criminal complaints
for violations of this regulation. Said complaints shall be filed
with the District Court.
L.
Suspension of permit.
(1)
The Board of Health of the Town of Northbridge shall provide written
notice to the permit holder of the intent to suspend a permit for
the sale of tobacco and nicotine delivery products. The notice shall
contain the reasons for the suspension and establish a date and time
for a hearing. The date of the hearing shall be no earlier than seven
business days and no later than 30 business days after the date of
said notice. The permit holder shall have an opportunity to be heard
at such hearing and shall be notified of the Board's decision and
reasons in writing.
(2)
The Board of Health, after a hearing, may suspend the tobacco sales
permit.
(3)
All tobacco and nicotine delivery products shall be removed from
display upon a suspension of the tobacco sales permit. Removal from
display shall be accomplished by conducting an inventory of all tobacco
and nicotine delivery products in the presence of a representative
from the Board of Health and placing all tobacco and nicotine delivery
products in a package and then sealing that package. Placement of
all sealed packages shall be in a storage area not located within
the viewing area of the store.
(4)
When the suspension has been fulfilled, the holder of the permit
shall, in the presence of a representative from the Board of Health,
inventory all tobacco and nicotine delivery products prior to restocking.
(5)
The establishment shall post a sign supplied by the Board of Health
at all customer entrances and at all points of sale, which notify
the public that the store is prohibited from selling tobacco and nicotine
delivery products until further notice.
(6)
Any sale of tobacco or nicotine delivery products during suspension
period or failure to remove tobacco and nicotine delivery products
from display in accordance with this regulation shall result in an
additional period of suspension of the tobacco and nicotine delivery
products sales permit for a period of time equal to permit suspension
period currently assessed against the establishment. A mandatory hearing
before the Board is necessary for reapplication, with the ultimate
decision of issuance of such permit at the sole discretion of the
Board of Health.
(7)
Any permit holder who does not pay the assessed fine within 21 days
from fine issuance may be subject to criminal proceedings.
M.
Enforcement. Enforcement of this regulation shall be implemented
by the Board of Health of the Town of Northbridge or its designated
agent(s).
N.
Severability. Each of these regulations shall be construed as separate
to the end that if any regulation or sentence, clause or phrase thereof
shall be held invalid for any reason, the remainder of that regulation
and all other regulations shall continue in full force and effect.
A.
105 CMR 410.000, Chapter II of the State Sanitary Code, Minimum Standards
of Fitness for Human Habitation, as most recently amended, is hereby
adopted as a local regulation for the Town of Northbridge.
B.
Effective January 1, 1989, rental property owners shall be charged an inspection fee [See § 201-23 Fee Schedule.] for each inspection exceeding the reinspection specified in 105 CMR 410.830(B) of the State Sanitary Code. This housing inspection fee shall only apply to the inspections performed after the thirty-day compliance period set forth in 105 CMR 410.830(B) and does not apply to initial inspections performed within the thirty-day compliance period.
C.
All tenants who live in units built before 1978 must be given two
copies of the Tenant Lead Law Notification and Tenant Certification
Form. If any of the following documents exist for the unit, the tenant
must also be given a copy of them: Lead Inspection or Risk Assessment
Report, Letter of Compliance or Interim Control. In any residence
in which a child under the age of six resides, documentation must
be provided to the Board of Health that shows the property is in compliance
with the provisions of the Massachusetts General Laws that govern
the use of lead paint.
[Added 12-11-2012, effective 1-1-2013]
A.
Purpose. Whereas, it has been reported by various agencies that synthetic
cannabinoids, synthetic cathinones, and synthetic hallucinogens have
been linked to serious physical effects resulting in hospitalization
and death when ingested, inhaled or otherwise introduced into the
human body; and whereas these synthetic cannabinoids, synthetic cathinones,
and synthetic hallucinogens pose health, safety, and welfare issues;
now, therefore, the Board of Health of the Town of Northbridge adopts
these regulations banning the sale of drug paraphernalia and synthetic
cannabinoids as part of our mission to protect the health, safety
and welfare of the public.
B.
Authority. These regulations are promulgated under the authority
granted to the Board of Health under MGL c. 111, § 31.
C.
CANNABIMIMETIC AGENTS
(1)
(a)
(b)
(c)
(d)
(e)
(2)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(3)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
DRUG PARAPHERNALIA
ILLEGAL CHEMICAL PRODUCT
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
PERSON
Definitions. The following terms shall have the meaning ascribed
to them below:
Unless specifically exempted by law, any material, compound,
mixture or preparation which contains any quantity of cannabimimetic
agents, their salts, isomers, and salts of isomers whenever the existence
of such salts, isomers and salts of isomers is possible within the
specific chemical designation. As used in this regulation, "cannabimimetic
agents" mean:
Any substance that is a cannabinoid receptor type 1 (CB 1 receptor)
as demonstrated by binding studies and functional assays within the
following structural classes:
2-(3-hydroxycyclohexyl) phenol with substitution at the 5-position
of the penolic ring by alkyl or alkenyl, whether or not substituted
on the cyclohexyl ring to any extent;
3-(1-naphthoyl)indole or 3-(1-naphthyl)indole by substitution
at the nitrogen atom of the indole ring, whether or not further substituted
on the indole ring to any extent, whether or not substituted on the
naphthoyl or naphthyl ring to any extent;
3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom
of the pyrrole ring, whether or not further substituted in the indole
ring to any extent, whether or not substituted on the naphthoyl ring
to any extent;
1-(1-naphthylmethyl)indene by substitution of the 3-position
of the indene ring, whether or not further substituted in the indene
ring to any extent, whether or not substituted on the naphthyl ring
to any extent; or
3-phenylacetylindole or 3-benzoylindole by substitution at the
nitrogen atom of the indole ring, whether or not further substituted
in the indole ring to any extent, whether or not substituted on the
phenyl ring to any extent.
Any substance which includes any one or more of the following
chemicals:
CP 47,497; 5-(1,1-dimethylhepty1)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol;
Cannabicyclohexanol; 5-(1,1-dimethylhepty1)-2-[(1R,3S)-3-hydroxycyclo-
hexyl]-phenol;
JWH-015; (2methyl-1-propyl-1H-indol-3-yl)-1-naphthalenyl-methanone;
JWH-018; 1-pentyl-3-(1-naphthoyl) indole;
JWH-019; 1-hexyl-3-(1-naphthoyl)indole;
JWH-073; 1-butyl-3-(1-naphthoyl)indole;
JWH-081; 1-pentyl-3-(1-4-methoxynaphthoyl)indole;
JWH-122; 1-pentyl-3-(4-methyl-1-naphthoyl)indole;
JWH-200; 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole;
JWH-203; 1-penty1-3-(2-chlorophenylacetyl)indole;
JWH-250; 1-pentyl-3-(2-methoxyphenylacetyl)indole;
JWH-398; 1-pentyl-3-(4-chloro-1-naphthoyl)indole;
AM2201; 1-(5-fluoropentyl)-3-(1-naphthoyl)indole;
AM694; 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole;
SR-19 and RCS-4; 1-pentyl-3-(4-methoxy-benzoyl)indole; and
SR-18 and RCS-8; 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole.
Any substance which includes any one or more of the following
chemicals:
2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E);
2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D);
2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C);
2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I);
2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-2);
2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-4);
2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);
2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine(2C-N); and
2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P)
Any substance which includes any one or more of the following
chemicals:
3,4 - methylenedioxymethcathinone, MDMC;
Medphradone (4-methylmethcathinone);
4 - methylmethcathinone, 4 - MMC;
4 - methoxymethcathinone, bk - PMMA, PMMC;
3, 4 - fluoromethcathinone, FMC;
Naphthylpyrovalerone, NRG-1;
Beta-Keto-N-methylbenzodioxolylpropylamine;
2-(methylamino)-propiophenone; or alpha-(methylamino) propiophenone;
3-methoxymethcathinone;
2-(methylamino)-1-phenylpropan-1-one;
4-ethylmethcathinone;
3,4-dimethylmethcathinone;
Alpha-Pyrrolidinopentiophenone;
Beta-Keto-Ethylbenzodioxolylbutanamine;
3,4-methylenedioxy-N-ethylcathinone;
4-methyl-alpha-pyrrolidinobutyrophenone;
Methylenedioxypyrovalerone or [(MDPV) (1-(1,3-Benzodioxol-5-ul)-2-
(1-pyrrolidinyl)-1-pentanone]; and
MDAI; 5,6-methylenedioxy-2-aminoindane.
An individual, corporation, partnership, wholesaler, retailer,
or any licensed or unlicensed business.
D.
No person shall sell, offer to sell, gift, or publicly display for
sale any drug paraphernalia within the Town of Northbridge. Any loose
products, including but not limited to steel wool pads and plastic
bags, displayed in a business establishment for sale or distribution,
individually, out of the manufacturer's customary packaging, will
be considered drug paraphernalia. In determining whether an object
is being sold or offered for sale as drug paraphernalia, the enforcing
officer, court and/or reviewing authority should consider all other
logically relevant factors.
Exception: A registered marijuana dispensary possessing a current registration issued by the Commonwealth of Massachusetts and a license to operate a registered marijuana dispensary issued by the Northbridge Board of Health in accordance with § 201-22 of the Code of Regulations of the Northbridge Board of Health governing the sale of marijuana, and upon approval of the Northbridge Police Department, shall be exempt from § 201-9D of this Board of Health regulation banning the sale of drug paraphernalia, provided that all retail sales of paraphernalia are face-to-face between the dispensary agent and the card holder at the licensed registered marijuana dispensary.
[Amended 4-29-2014, effective 5-9-2014]
E.
No person shall sell, offer to sell, gift, or publicly display for
sale any cannabimimetic agent, illegal chemical product, or like products,
that shall intentionally or willfully induce the symptoms of intoxication,
elation, euphoria, dizziness, excitement, irrational behavior, exhilaration,
paralysis, stupefaction, or dulling of the senses or nervous system,
or distortion of audio, visual, or mental processes, that are similar
to a controlled substance or imitation controlled substance.
F.
No person shall knowingly possess, inhale, or ingest any cannabimimetic
agent or illegal chemical product or like products, that shall intentionally
or willfully induce the symptoms of intoxication, elation, euphoria,
dizziness, excitement, irrational behavior, exhilaration, paralysis,
stupefaction, or dulling of the senses or nervous system, or distortion
of audio, visual, or mental processes, that are similar to a controlled
substance or imitation controlled substance.
G.
This regulation shall apply whether the cannabimimetic agents or
illegal chemical products, as herein defined, are desired as tobacco,
herbs, incense, spice, bath salts, plant food or any blend thereof,
regardless of whether the substance is marketed for the purpose of
being smoked or ingested.
H.
Violations and penalties. This regulation shall be enforced by the
Northbridge Board of Health and/or the Northbridge Police Department
through any lawful means in law or in equity, including, but not limited
to, enforcement by criminal indictment or complaint pursuant to MGL
c. 40, § 21, by noncriminal disposition pursuant to MGL
c. 40, § 21D, and/or through revocation of any or all licenses
and permits issued by the Town of Northbridge. The fine for violation
of this regulation shall be $300 for each offense. A separate offense
shall be deemed committed for each sale, offer to sell, gift, or public
display for sale.
I.
Enforcement. The enforcement of this regulation shall be by the Northbridge
Police Department, the Northbridge Board of Health, or its designated
agent.
J.
Seizure of controlled substances. All substances, found in plain
view, being used in violation of this regulation may be seized and
held until final adjudication, whereupon they will be destroyed by
the Northbridge Police Department.
K.
Effective date. These regulations shall become effective on January
1, 2013.
A.
Purpose and authority. The Board of Health of the Town of Northbridge, to protect the public health, and acting under the authority of Chapter 111 of the Massachusetts General Laws, hereby makes the following health regulations. The intent of these regulations is to protect the quality and quantity of drinking water supplies within the Town of Northbridge. These regulations are to be inserted into the Code of Regulations of the Board of Health § 201-10, replacing any and all existing regulations previously adopted by the Board of Health regarding the construction and/or abandonment of wells, except as to those matters currently pending. Any condition that existed prior to the effective date of these regulations shall not be grandfathered or regarded as exempt from these regulations.
B.
APPLICANT
BEDROOM
BOARD
CERTIFIED LABORATORY
CROSS-CONNECTION
GROUND SOURCE HEAT PUMP (GSHP) WELL
HYDROFRACTURING
POTABLE WATER
PRIVATE WELL
PUMPING TEST
REGISTERED WELL DRILLER
REQUIRED VOLUME
STATIC WATER LEVEL
Definitions.
Any person who intends to have a private well constructed.
Any room providing privacy, intended primarily for sleeping,
and consisting of floor space of no less than 70 square feet, electrical
service, ventilation and at least one window.
The Board of Health of the Town of Northbridge, Massachusetts,
or its authorized agent.
Any laboratory currently certified by the Department of Environmental
Protection for drinking water. Provisional certification shall also
qualify.
Any physical connection or arrangement between two otherwise
separate piping systems, one of which contains potable water and the
other of which contains water of unknown or questionable safety, whereby
water may flow from one system to the other, the direction of flow
depending on the pressure differential between the two systems.
A well constructed for the purpose of transferring heat to
or from the earth for heating and cooling purposes. Ground source
heat pump wells may be open-loop, closed-loop, or direct exchange.
A process whereby water is pumped under high pressure into
a well to fracture the surrounding rock, thereby increasing the well
yield.
Water that is tested by a state certified laboratory and
satisfies state drinking water standards for culinary and domestic
purposes.
A water supply well which will not serve either a number
of service connections or a number of individuals sufficient to qualify
as a public water system as defined in 310 CMR 22.02.
A procedure used to determine the characteristics of a well
and adjacent aquifer by installing and operating a pump.
Any person registered with the Department of Environmental
Management/Office of Water Resources to dig or drill wells in the
Commonwealth of Massachusetts.
The volume of water necessary to support the household's
daily needs based on number of bedrooms and storage capacity of the
drilled well.
The level of water in a well under nonpumping conditions.
C.
Well construction.
(1)
Pursuant to 313 CMR 3.00, Water Well Diggers and Drillers Registration
Regulations, no person in the business of digging or drilling shall
construct a well unless registered with the Department of Environmental
Management Office of Water Resources.
(2)
No person shall drill, dig, or otherwise develop any new well for
water or engage in the destruction of a private well within the Town
of Northbridge without first obtaining a permit issued by the Board
of Health. Said permit shall be valid for a one-year period. permits
may be extended for one additional six-month period, provided that
a written request is received by the Board prior to the one-year expiration
date.
(3)
A plan and application form must be submitted to the Board of Health
with required fee. The plan must be prepared by a registered sanitarian,
professional engineer, or other professional person authorized by
the Commonwealth of Massachusetts and/or the Board of Health to prepare
such plan, showing, at a minimum, the property owner, the address,
the bounds of the lot, the proposed well, proposed water line, the
building(s) to be served, any subsurface sewage disposal systems and
well, both proposed and existing within 200 feet, and any waste disposal
sites within 1,000 feet. The proposed well must be located on the
lot which it serves and must meet these minimum distance requirements:
|
Distance From
|
Number of Feet
|
|---|---|
|
Leaching facility
|
100
|
|
Leaching reserve area/existing cesspool
|
100
|
|
Septic tank
|
50
|
|
Any structure or dwelling
|
20
|
|
Property line
|
10
|
|
Driveway
|
25
|
|
Public/private way
|
25
|
|
Rights-of-way
|
15
|
|
Stable/manure storage
|
100
|
|
Storm drain
|
25
|
|
Underground storage tank (exception: propane tanks)
|
200
|
|
Wetland
|
50
|
|
Waste disposal site/landfill
|
500
|
(4)
All wells shall be constructed in compliance with the recommendations
of the latest edition of the Department of Environmental Protection
Private Well Guidelines.
(5)
All lines from a well shall be located a minimum of 10 feet from
a building sewer constructed of durable corrosion-resistant material
with watertight joints or 50 feet from a building sewer constructed
of any other type of pipe.
(6)
Pressure water supply lines shall be installed at least 10 feet from
and 18 inches above any sewer line. Whenever water supply lines must
cross sewer lines, both pipes shall be pressure-tested to assure watertightness.
(7)
The Board reserves the right to impose minimum lateral distance requirements
from other potential sources of contamination not listed above or
to increase the above distances when the Board deems it necessary.
All such special well location requirements shall be listed, in writing,
as a condition of the well construction permit.
(8)
A well from which the water is not intended for human or animal consumption
or for the irrigation of foods or food ingredients must meet the same
requirements as a drinking water well.
(9)
The Board of Health may refuse to issue a permit if it deems that
the location of the proposed well will unreasonably interfere with
the probable future installation or repair of a septic system on a
neighboring lot of land or for any reason which may be contrary to
sound public health policy as determined by the Board of Health.
(10)
No person shall allow the connection of any building, or other
facility, to the municipal water supply and to a private water supply
concurrently. Such constitutes a cross-connection and is prohibited.
(11)
When the Board of Health determines that the supply of potable
water from privately operated wells may be jeopardized with respect
to drinking water quality and/or supply due to prolonged drought and
could potentially affect the health of those using such wells, the
use of private wells for irrigation purposes may be prohibited until
such time as the Board determines.
(12)
The Board of Health may require the connection to a municipal
water line, where available, when it determines that the supply of
potable water from a private well may be jeopardized with respect
to drinking water quality and the potential health effects to those
using said well.
D.
Water quality.
(1)
Before use or, in the case of new construction, before the issuance
of a building permit, the well water must be tested by a laboratory
that is certified by the Department of Environmental Protection to
test drinking water for the parameters analyzed. All analyses shall
be performed in accordance with United States Environmental Protection
Agency methods for drinking water analysis.
(2)
The laboratory performing the testing must collect such samples.
Written proof of the individual's certification must be supplied to
the Board of Health upon request. The original results of the water
quality tests, chain of custody, and verification of the laboratory's
certification for the parameters analyzed must be submitted directly
to the Board of Health within two weeks of sampling. In no event shall
a water treatment device be installed prior to sampling.
(3)
If the initial test did not pass and a filter or other treatment system is necessary, a second representative sample for laboratory analysis must be collected in accordance with Subsection D(2) above after the treatment system is installed. The second sample shall be retested for all failed parameters, plus any other parameters deemed necessary by the Board. A laboratory report indicating that all test results meet Environmental Protection Agency drinking water standards must be submitted to the Board prior to issuing a certificate of occupancy.
(4)
The following parameters shall be tested:
(a)
Total bacteria.
(b)
Coliform bacteria.
(c)
Turbidity.
(d)
Inorganic compounds:
|
Antimony
| |
|
Arsenic
| |
|
Barium
| |
|
Beryllium
| |
|
Cadmium
| |
|
Chromium
| |
|
Copper
| |
|
Cyanide
| |
|
Flouride
| |
|
Lead
| |
|
Mercury
| |
|
Nitrate
| |
|
Nitrite
| |
|
Selenium
| |
|
Sodium
| |
|
Thallium
|
(e)
Volatile organic compounds (VOC's) (using Environmental Protection
Agency method 524.2).
(f)
Radon.
(g)
Secondary standards for drinking water:
|
Aluminum
| |
|
Ammonia
| |
|
Chloride
| |
|
Color
| |
|
Copper
| |
|
Flouride
| |
|
Iron
| |
|
Manganese
| |
|
Odor
| |
|
Ph
| |
|
Silver
| |
|
Sulfate
| |
|
Total dissolved solids
| |
|
Zinc
|
(h)
Hardness.
|
NOTES:
| ||
|---|---|---|
|
1.
|
High concentrations of nitrate, chloride, and ammonia could
indicate that the well is drawing in septic effluent. Further testing
of VOC's may be requested by the Board of Health.
| |
|
2.
|
High concentrations of iron, manganese, total dissolved solids,
nitrogen (as ammonia or nitrate) and hardness could indicate that
the well is drawing in landfill leachate. Further testing of regulated
and unregulated VOC's may be requested by the Board of Health.
| |
(5)
The Board of Health may require that any well drilled within 500
feet of a landfill, waste site, or 21E site, may be required to conduct
water quality analysis of synthetic organic chemicals (SOC's).
(6)
The United States Environmental Protection Agency Drinking Water
Standards for Primary and Secondary Drinking Water Maximum Contaminant
Levels (MCL's) shall be used as the guidelines for private water supplies.
(7)
All costs and laboratory arrangements for collections of water samples
and testing are the responsibility of the applicant.
E.
Water supply certificate.
(1)
The issuance of a water supply certificate by the Board shall certify
that the private well may be used as a drinking water supply. A water
supply certificate must be issued for the use of a private well prior
to the issuance of an occupancy permit for an existing structure or
prior to the issuance of a building permit for new construction which
is to be served by the well.
(2)
(3)
Upon the receipt and review of the above documents, the Board shall
make a final decision on the application for a water supply certificate.
A final decision shall be in writing and shall comprise of one of
the following actions:
(a)
Issue a water supply certificate.
(b)
Deny the applicant a water supply certificate and specify the
reasons for the denial.
(c)
Issue a conditional water supply certificate with those conditions
which the Board deems necessary to ensure fitness, purity and quantity
of the water derived from that private well. Said conditions may include
but not be limited to requiring treatment or additional testing of
the water.
F.
Water quantity.
(1)
A completed Department of Environmental Management well completion
report shall be submitted to the Board of Health by the driller within
30 days of drilling the well.
(2)
In order to demonstrate the capacity of the well to provide the required
volume of water, a pump test shall be conducted.
(3)
Required volume shall be calculated by adding volume of water and
storage capacity as defined below:
(a)
Volume of water = (number of bedrooms +1) x (110 gallons/BR)
x (safety factor of 2) = number of gallons needed daily.
(b)
Storage capacity of well is calculated using the measured static
water level and the depth and radius of the drill hole or casing.
(See Table 1 below.)
|
Table 1
| |||||
|---|---|---|---|---|---|
|
Gallons of Water per Foot of Depth for Various Casing
or Hole Diameters
| |||||
|
Diameter of Well Casing
(in inches)
|
Gallons of Water Per Foot of Water Depth
|
Gallons of Water Per 100 Feet of Water Depth
|
Diameter of Well
(in Feet)
|
Gallons of Water per Foot of Water Depth
| |
|
1 1/2
|
0.092
|
9.2
|
2
|
23.5
| |
|
2
|
0.163
|
16.3
|
3
|
52.9
| |
|
3
|
0.367
|
36.7
|
4
|
94.0
| |
|
4
|
0.653
|
65.3
|
5
|
146.9
| |
|
5
|
1.020
|
102.0
|
6
|
211.5
| |
|
6
|
1.469
|
146.9
|
7
|
287.9
| |
|
8
|
2.611
|
261.1
|
8
|
376.0
| |
|
10
|
4.080
|
408.0
|
9
|
475.9
| |
|
12
|
5.876
|
587.6
|
10
|
587.6
| |
(c)
Example. For a four-bedroom house with a well that is six inches
in diameter and contains 100 feet of standing water:
[1]
Volume of water = (4 bedrooms +1 bedroom) = (5 bedrooms) x (110
gallons per bedroom) x (2) = 1,100 gallons needed daily.
[2]
Storage capacity: volume of six-inch well is 1.47 gallons for
every foot of length; therefore (100 feet of standing water) x (1.47
gallons/foot) = 147 gallons.
[3]
Required volume = 1,100 gallons + 147 gallons = 1,247 gallons
that must be pumped from the well in 24 hours or less to demonstrate
suitable capacity.
(4)
All wells shall be tested in the following manner:
(a)
The well will be pumped at whatever rate is desired.
(b)
Following the pump test the water level in the well must be
shown to recover to within 85% of the prepumped static water level
within a twenty-four-hour period.
(c)
If the well fails to yield the required volume within a twenty-four-hour
period or if the water level in the well fails to recover to within
85% of the prepumped static water level within the twenty-four-hour
period, the well shall be redeveloped, hydrofractured and/or deepened.
Another pump test shall be conducted.
(d)
The results of the pump test shall be recorded and certified
by the well driller on a form approved by the Board of Health and
submitted to the Board of Health within 30 days of the test.
(5)
The results of the pump test and water quality test must be received
and reviewed by the Board of Health prior to use of the water supply.
(6)
The well must be capable of producing an amount greater than 0.5
gpm.
|
Table 2
| ||
|---|---|---|
|
Flow Volumes in Gallons per Minute and Corresponding Flow
Volumes in Gallons per Day
| ||
|
Flow Volume
(gpm)
|
Flow Volume
(gpd)
| |
|
0.3
|
432
| |
|
0.4
|
576
| |
|
0.5
|
720
| |
|
0.6
|
864
| |
|
0.7
|
1,008
| |
|
0.8
|
1,152
| |
|
0.9
|
1,296
| |
|
1.0
|
1,440
| |
|
1.5
|
2,160
| |
|
2.0
|
2,880
| |
|
2.5
|
3,600
| |
|
3.0
|
4,320
| |
|
3.5
|
5,040
| |
|
4.0
|
5,760
| |
|
4.5
|
6,480
| |
|
5.0
|
7,200
| |
G.
Abandonment of wells.
(1)
All abandoned private water supply wells, test holes, and dry or
inadequate borings associated with private well installation and not
used for water quality monitoring shall be plugged in a manner that
will permanently prevent vertical movement of water within the borehole,
the well, and the annular space between the well casing and the wall
of the boring.
(2)
No person shall engage in the business of destruction of private
wells within the Town unless registered as a well driller/digger with
the Department of Environmental Management Office of Water Resources,
pursuant to 313 CMR 3.00.
(3)
The destruction or abandonment of a well shall be done in compliance
with the recommendations of the latest edition of the Department of
Environmental Protection Private Well Guidelines.
(4)
No person shall allow a well to be left uncovered or in an unsafe
condition.
H.
Variances. The Board of Health may vary the application of any provision
of these regulations to any particular case when in its opinion the
enforcement thereof would manifest an injustice, provided that the
decision of the Board of Health shall not conflict with the spirit
of these regulations and the applicant has proven that the same degree
of public health and environmental protection can be achieved without
strict application of a particular provision(s). The applicant for
any variance shall pay for any advertising and/or mailings required
for processing the variance.
I.
Enforcement and penalties.
(1)
Any member of the Board of Health or its agents, or other person
designated by the Board of Health, may enforce this section. Any violation
of this regulation, of the regulations of the Department of Environmental
Protection or of the Laws of the Commonwealth of Massachusetts by
the permittee shall be grounds for suspension, modification, or revocation
of the permit.
(2)
Criminal complaint. Whoever violates any provision of these rules
and regulations may be penalized by complaint brought in the District
Court or Housing Court. Each day on which a violation exists shall
be deemed to be a separate offense.
(3)
Noncriminal complaint.
(a)
Under MGL c. 40, § 21D, and the Northbridge Code of
Bylaws § 1-109A, any person who violates any provision of
these rules and regulations as adopted by the Board of Health pursuant
to MGL c. 111, § 31A, shall be subject to a penalty in the
amount of:
(b)
Each day or portion thereof during which a violation continues
shall constitute a separate offense, and each provision of the chapter
or regulation violated shall constitute a separate offense.
(4)
Enforcing persons: Northbridge Board of Health, its agents or its
designee.
J.
Severability. If any section, paragraph, sentence, clause, phrase,
or word of these regulations shall be declared invalid for any reason
whatsoever, that decision shall not affect any other portion of these
regulations, which shall remain in full force and effect, and to that
end the provisions of this Code are hereby declared separable.
L.
Effective date. These regulations were adopted by vote of the Northbridge,
Massachusetts, Board of Health, at its regularly scheduled meeting
held on October 3, 2001, and are to be in full force and effect on
and after October 10, 2001. Before said date, these regulations shall
be published, and a copy thereof shall be placed on file in the Board
of Health offices and filed with the Department of Environmental Protection,
Division of Wastewater Management (formerly Division of Water Pollution
Control) in Boston. These regulations or any portions thereof may
be amended, supplemented or repealed from time to time by the Board,
with notice as provided by law, on its own motion or by petition.
M.
Disclaimer. The issuance of a well permit shall not be construed
as a guarantee by the Board or its agents that the water system will
function satisfactorily nor that the water supply will be of sufficient
quality or quantity for its intended use.
N.
GSHP wells. Open-loop GSHP wells must meet Department of Environmental
Protection primary drinking water standards and Northbridge Board
of Health water quality standards.
O.
GSHP wells UIC registration. No well permit shall be issued for an
open-loop system without a Department of Environmental Protection
underground injection control registration number. Closed-loop and
direct exchange wells also require a UIC registration unless a groundwater
discharge permit is required.
P.
GSHP well setback requirements for open-loop, closed-loop and direct
exchange (DX) wells. Ground source heat pump wells shall be set back
a minimum of 25 feet from potential sources of contamination, including
but not limited to septic tanks/fields, lagoons, livestock pens, and
oil or hazardous materials storage tanks, and 10 feet from any property
line. Closed-loop and DX wells shall be sited at least 50 feet from
any private potable water supply well and 10 feet from any surface
water bodies. If a dual-purpose well, then all primary potable water
setbacks must be met.
[Amended 3-27-2018, effective 5-1-2018]
A.
Purpose. The Northbridge Board of Health is responsible for the protection
of the public health and welfare in the Town of Northbridge. In an
effort to protect the health and safety of the public, farm animals,
and poultry in the Town, the following regulations are promulgated.
B.
Authority. These regulations are adopted in accordance with the provisions
of MGL c. 111, §§ 31 and 155.
C.
CORRAL OR PADDOCK
FARM ANIMAL
HOUSEHOLD PETS
LOT
MANURE MANAGEMENT PLAN (MMP)
POULTRY
ROOSTER
STABLE
Definitions.
A fenced area designed to allow for the free roaming of animals.
Includes, but not be limited to, any horse, donkey, pony,
mule, goat, swine, sheep, cow or any other animal except household
pets.
Animals that are normally kept inside a residential dwelling
including but not limited to dogs, cats, ferrets, fish, domestic or
exotic birds, or other small rodents.
A contiguous area of land, under one ownership, with definite
boundaries.
A plan for the handling of manure and other wastes. MMP shall
address cleaning, composting, storage, utilization and removal of
manure and other wastes.
Includes but is not limited to chickens, ducks, guinea fowl,
peafowl, pheasants, partridges, quails and turkeys.
An adult male chicken.
A building or enclosure used to house or confine one or more
animals or poultry and to store the food supplies normally associated
with the keeping of animals and poultry.
D.
Permit required. No person shall keep any farm animal or poultry
without first obtaining a permit from the Board of Health, nor shall
any person, firm or corporation owning or responsible for the custody
of a farm animal or poultry within the limits of this Town, for the
purpose of stabling such animal or poultry, use or occupy any building,
shed or other structure which does not conform to the requirements
of these regulations.
E.
No permit shall be issued to keep a farm animal on any lot of land
containing less than one acre. Additional farm animals up to a total
of four shall not be permitted unless the lot contains a minimum of
2/3 of an acre per each additional animal. More than four farm animals
may be permitted to be kept on lots containing more than three acres,
provided that lot dimensions are acceptable to the Board of Health,
the land area is suitable for the raising of animals such as pastures,
fields and wooded uplands not including wetlands or other areas as
may be restricted by Town, state or federal law, regulations or guidelines
and provided that the granting of such permit will not adversely affect
the public health, safety, and welfare. No permit shall be issued
to keep poultry on any lot of land containing less than 30,000 square
feet (SF). Roosters shall not be permitted in the Town of Northbridge
unless they are kept on a parcel of land greater than three (3) acres
in size. If determined by the Board of Health that roosters are creating
a nuisance, the Board may issue an order for their immediate removal.
F.
Applications for all permits required by these regulations shall
be made to the Board of Health. Each application shall state the name
of the applicant and the location of the premises to be used, and
each application shall specify the area and the location of the premises
for which a permit is requested and shall specify the number and type
of farm animals and poultry which are to be kept therein. Such permits
shall cover only one location. Each application shall also contain
a certified plot plan noting location of dwelling, stable, corral,
dwellings located on abutting property, including locations of any
on-site sewage disposal systems and private drinking water wells within
200 feet of the proposed stable and corral area. Said plan shall note
all distances between each structure, sewage system, and well. The
Board may require additional information upon review of the permit
application.
G.
All permits shall expire on March 31 of each year but may be renewed
annually on application, provided that the applicant is then qualified
to receive a permit and the premises for which a renewal is sought
are suitable for such purpose.
H.
No person shall erect, occupy or use for a stable any building in
the Town of Northbridge unless such use is approved by the Board of
Health. Each stall shall contain a minimum of 100 square feet for
the first farm animal and at least 60 additional square feet for each
additional animal. Adequate housing must be provided for poultry to
protect them from wind, weather and predators. Housing shall provide
plenty of ventilation, ample space to allow birds to move freely and
an area that is out of direct light for hens to lay eggs.
I.
Any person who proposes to remodel a building or a portion thereof
which is being used as a stable or who proposes to construct a new
building which is to be used in whole or in part as a stable shall,
prior to such remodeling, renovation or constructing, submit plans
to the Board of Health for approval. Such construction must begin
within 90 days of date of approval. The stable shall not be occupied
until a certificate of occupancy is issued by the Inspector of Buildings.
J.
All premises used for the keeping or stabling of farm animals or
poultry shall be adequately fenced so as to prevent the escape of
the animals therefrom. At no time shall farm animals or poultry be
allowed to roam unattended or onto another person's property.
K.
No such permit shall be issued which would involve a violation of the zoning or protective bylaw of the Town. See Zoning Chapter 173, Table of Use Regulations.
L.
Sanitary requirements.
(1)
Each stable shall be furnished with an adequate and safe water supply
for feeding, cleaning and fire protection services.
(2)
Animal and poultry feed shall be stored in sealed, moistureproof
and verminproof containers.
(3)
Each stall in the stable shall be provided with adequate drainage
so as to remain dry and clean, in a manner satisfactory to the Board
of Health.
(4)
Bedding shall consist of straw, hay or like substances but shall
not contain in whole or in part any wool waste.
(5)
All manure must be removed from the stalls at least once each day
and not allowed to accumulate in corrals or other areas on the property.
Manure shall be collected at a single location, carefully chosen to
maximize the distance from abutting properties and watercourses.
(6)
Provisions should be made for the disposal of manure with sufficient
frequency and in such a manner as to be satisfactory to the Board
of Health and in such a manner as to prevent the creation of objectionable
conditions.
(7)
Location of manure pits must be approved by the Board of Health.
In fly-breeding seasons, manure shall be periodically treated with
chemicals for fly control. Any chemical approved by the United States
Department of Agriculture shall suffice.
(8)
Manure shall not be stockpiled between April 15 and October 15.
(9)
Floors shall consist of any material acceptable to the Board of Health,
such as a thin layer of sand and clay over a gravel base or crushed
stone.
(10)
For ventilation purposes, each stable shall have an effective
window area of at least 10% of the total floor area.
(11)
Each stable shall be located on land with good drainage and
not susceptible to flooding.
M.
Any property used to house farm animals or poultry shall be subject
to inspection by the Inspector of Animals, the Board, or its agent,
at any reasonable time. Failure to allow an inspection upon request
shall be cause for permit revocation. The Board or its agent may revoke
a permit for cause without a public hearing if a condition exists
which may endanger the health, safety or welfare of the animals or
poultry or the general public, or which is a nuisance. The Board maintains
the authority to hold a public hearing to consider the revocation
of a permit. Any person aggrieved shall have the right to appeal such
revocation at a public hearing of the Board if no hearing was held
prior to the revocation.
N.
A permit to stable or keep farm animals or poultry on property in
the Town of Northbridge is not transferable.
O.
All permits issued for the stabling of farm animals prior to the
adoption of these regulations shall be valid and may be renewed subject
to the regulations in effect prior to the adoption of these new regulations
providing conditions contained in the original application have not
changed and that no conditions exist that would be injurious to public
health, or restrict the normal use and enjoyment of contiguous property.
P.
Variance procedure. Any request for a variance from the regulations contained in § 201-11 must be submitted in writing to the Board. The Board shall within 21 days of receipt of the request for variance hold a public meeting, at which time the applicant must demonstrate to the Board, by clear and convincing evidence, that there will be no adverse effect on the public health by the granting of the variance request. All decisions rendered by the Board shall be made in writing and shall be kept on file in the office of the Board of Health.
A.
105 CMR 435.000, Minimum Standards for Swimming Pools, as most recently
amended, is hereby adopted as a local regulation for the Town of Northbridge.
B.
A permit is required to operate any public, semipublic, or special-purpose
pool or hot tub. A fee shall be required. [See 201-23, Fee Schedule.]
No permit is required for the use of residential pools or hot tubs
maintained by an individual for his own or his family's use or for
the use of personal guests of his household.
C.
Hot tubs and pools shall be inspected a minimum of two times per
year.
D.
Special-purpose pools and hot tub permits shall expire December 31
of each year.
E.
Pool permits shall expire December 31 of each year.
A.
105 CMR 445.000, Minimum Standards for Bathing Beaches, as most recently
amended, is hereby adopted as a local regulation for the Town of Northbridge.
C.
Bathing beach permits shall expire no later than October 1 of the
year issued.
D.
Bathing beach water quality analysis shall be conducted within the
five days immediately preceding the opening of the bathing beach and
at least weekly during the bathing season. The bathing beach operator
shall be responsible for all costs associated with water testing and
shall be responsible for reporting results of all testing to the Board
of Health.
E.
No permit to operate a bathing beach shall be issued without first
submitting the bathing beach water quality test to the Board of Health.
F.
If water quality analysis deems the bathing beach unsafe for swimming,
the beach operator shall immediately notify the Board of Health office
and properly post the bathing beach closed and unsafe for swimming.
The beach may not reopen until water tests indicate that the beach
water is safe to swim in and approval is granted by the Board of Health.
A.
105 CMR 123.000, Tanning Facilities, as most recently amended, is
hereby adopted as a local regulation for the Town of Northbridge.
C.
All tanning facility permits shall expire on December 31.
D.
All tanning facilities shall be inspected twice yearly.
E.
Operator manuals for each tanning bed or booth shall be made available
to the Board of Health inspector at the time of his/her inspection.
F.
Each tanning booth or bed shall be disinfected after each use. Disinfectant
shall be Environmental Protection Agency approved.
G.
Only replacement bulbs as specified by the manufacturer in the operator
manual may be used in the tanning booth or bed.
A.
105 CMR 430.000, Minimum Sanitation and Safety Standards for Recreational
Camps for Children, State Sanitary Code Chapter IV, as most recently
amended, is hereby adopted as a local regulation for the Town of Northbridge.
B.
Camp permits shall expire at the close of the camp season for which
the applicant has sought a permit.
D.
Enforcement and penalties. For the purposes of noncriminal disposition
under MGL c. 40, § 21D, and the Northbridge Code of Bylaws, § 1-109A,
the owner, operator, or camp director of a recreational camp for children
that operates a recreational camp in the Town of Northbridge without
first obtaining a permit from the Board of Health shall be subject
to a penalty in the amount of $300 and immediate closure of all camp
activities until camp obtains full compliance with 105 CMR 430.000.
A.
Authority and purpose. The Town of Northbridge Board of Health, under
the authority of MGL c. 111, §§ 31A and 31B, hereby
makes the following regulations in an effort to protect the public
health and to promote increased recycling and responsible refuse disposal.
These regulations are to be inserted into the Code of Regulations
of the Board of Health, replacing any and all existing regulations
previously adopted by the Board of Health regarding the permitting
and operation of garbage, rubbish, and refuse collection and disposal,
except as to those matters currently pending. Any condition that existed
prior to the effective date of these regulations shall not be grandfathered
or exempt from these regulations.
B.
COMMERCIAL WASTE
FACILITY
PERMITTEE
RECYCLABLE MATERIALS
SOLID WASTE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Nonhazardous solid waste generated by businesses, such as
office buildings, retail and wholesale establishments, and restaurants.
A licensed solid waste disposal or handling facility approved
or licensed by the Department of Environmental Protection (DEP).
Any person(s) or company which has applied for and obtained
the appropriate permit to collect refuse within the corporate limits
of the Town of Northbridge.
Those items listed in Subsection G of these regulations.
All rubbish, trash, garbage, or refuse normally generated,
excluding explosives, oil, sludges, highly flammable substances, cesspool
or other human wastes, human or animal remains, construction materials,
demolition debris, and hazardous refuse of any kind, such as cleaning
fluids, crankcase oils, cutting oils, paints, acids, caustics, poisons,
drugs, radioactive materials, fine powdery earth used as filter media,
cleaning fluid and refuse of similar nature. Recyclable materials,
as defined in these regulations, are specifically excluded from solid
waste.
C.
General.
(1)
Any person engaged in the collection of solid waste and/or recyclable
materials in the Town of Northbridge shall remove the same to an approved
location or facility in accordance with these rules and regulations,
as well as all other applicable rules and regulations.
(2)
The permittee shall at no time dispose of recyclable materials by
landfilling or incineration without written permission from the Board
of Health.
(3)
The permittee shall provide recycling service to allow compliance with the Commonwealth of Massachusetts Department of Environmental Protection solid waste bans and any other item deemed feasible by the Board of Health. Items required to be recycled are set forth in Subsection G below and are subject to amendment by the Board of Health.
(4)
In servicing establishments generating commercial waste, the permittee may limit recycling service to paper products, as listed in Subsection G.
(5)
Separation of recyclable materials from solid waste will take place
at the source (i.e., individual homeowners/tenants/business owners
will perform separation).
D.
Permitting procedure.
(1)
All persons collecting solid waste and/or recyclable materials in
the Town of Northbridge shall obtain a permit from the Board of Health
prior to commencing with collection.
(2)
At the time of application or as otherwise specified, the applicant
shall submit to the Board of Health the following:
(b)
A schedule of customer fees to be charged for residential, commercial,
and industrial pickup of solid waste and recyclable materials.
(c)
A description of the collection vehicle(s) to be used, including
the make, model, year, type and size of compactor, and registration
number.
(e)
Total tonnage of solid waste and recyclable materials collected
on a quarterly basis. Statistics for solid waste and recyclable materials
must be supported by weight slips and/or vendor receipts. Estimates
may be accepted at the discretion of the Board if sufficient justification
for subject estimation is presented to the Board and can be verified.
Statistics shall be submitted within 30 days of the close of each
quarter; quarters shall be defined as January 1 to March 31, April
1 to June 30, July 1 to September 30, and October 1 to December 31.
(f)
Name and location of approved facility at which solid waste
and recyclable materials were incinerated, deposited, and/or recycled.
(3)
The permit shall be valid for a period of not more than one year,
renewable annually on the first day of January, subject to review
and approval by the Board of Health.
(4)
No permit shall be transferable except with the approval of the Board
of Health.
E.
Operational procedures.
(1)
The permittee shall provide recycling service to allow compliance with the Commonwealth of Massachusetts Department of Environmental Protection solid waste bans and any other item deemed feasible by the Board of Health, as set forth in Subsection G.
(2)
The permittee shall offer collection of solid waste on a weekly basis.
(3)
The permittee shall offer collection of recyclable materials a minimum
of once every other week or on a schedule approved by the Board of
Health.
(4)
Permittees shall provide their customers with a list of acceptable
waste types and recyclable materials, with a list or description of
proper packaging or bundling methods of same.
(5)
The permittee shall collect solid waste and recyclable materials
from its customers in Northbridge.
(6)
Recyclable materials shall be placed curbside or at another approved
location, on specified days, in their own approved reusable containers.
(7)
The permittee may refuse to collect any commercial, industrial, municipal
or residential solid waste and/or recyclable materials if there is
an indication that the material is not solid waste as defined in these
regulations, or if the recyclable materials are not properly packaged
or bundled. The permittee shall notify such customers of the reason(s)
for refusal to collect. The permittee may notify the Board of Health
of any customer who continues with repeated offenses.
(8)
The permittee shall take all reasonable care in the collection of
solid waste. Solid waste shall not be scattered about the streets
or onto private property. Solid waste which is spilled shall be immediately
picked up by the permittee and removed with other wastes.
(9)
All vehicles and other equipment used by the permittee shall be kept
in good repair and appearance and in a sanitary condition.
(10)
Vehicles shall be appropriately marked to identify the owner's
and/or company's name in lettering large enough to be seen from a
distance of 100 feet and shall clearly display all local, state, and
federal registrations, permits and licenses.
(11)
The Board of Health reserves the right to inspect collection
vehicles and loads at reasonable times in order to ensure compliance
with applicable state and local laws, bylaws, and regulations.
(12)
The permittee shall provide for the collection of bulk items,
such as, but not limited to, couches, chairs, mattresses, white goods,
etc.
(13)
Any violation of these regulations or any other applicable laws
or regulations by the permittee will be grounds for suspension, modification,
or revocation of said permit.
F.
Insurance.
(1)
The permittee shall provide a certificate of insurance as evidence
of having comprehensive general liability insurance naming the Town
of Northbridge as an additional insured. The comprehensive general
liability policy shall be in an amount not less than $1,000,000 combined
single limit for bodily injury and property damage.
(2)
The insurance policies shall be so written that the Board of Health
will be notified of cancellation or restriction amendments at least
30 days prior to the effective date of such cancellations or amendments.
G.
Recyclable materials.
(1)
This section is subject to amendment and revision by the Board of
Health and the Commonwealth of Massachusetts as additional rules and
regulations may be promulgated. The Board of Health may amend this
section upon written notice to all permittees following public hearing
and after reasonable notice to all permittees.
(2)
Recyclable materials shall be defined as materials that have the
potential to be recycled and which are not commingled with solid waste.
H.
(Reserved)
I.
Indemnification.
(1)
Permittees shall enter into arrangements for the collection of solid
waste and recyclable materials with individual residents, the municipality,
and commercial and industrial customers of the Town, in which the
permittee will be paid directly by the customer.
(2)
The permittee agrees to indemnify the Town from any loss that may
arise from the improper treatment, storage, or disposal of hazardous
wastes collected within the Town.
J.
Suspension, modification or revocation of permits. Any solid waste/recyclable
collection permit may be suspended, modified, or revoked by the Board
of Health upon receipt of evidence satisfactory to the Board that
the permittee has not conformed to the requirements of these regulations
or such further regulations as may be adopted or to any applicable
state or federal statute, regulations, rule or order regarding transportation
or disposal of rubbish. Appeals of such suspensions, modification
or revocations may be directed to the Board of Health within 10 business
days of said suspension, modification, or revocation.
K.
Severability. Each of these regulations shall be construed as separate
to the end that, if any regulation, clause, or phrase thereof should
be held invalid for any reason, the remainder of the regulations and
all other regulations shall continue to be in force.
L.
Variances. Any request for variance from these regulations must be
submitted in writing to the Board of Health. The Board shall, within
21 days of receipt of the request for variance, hold a public hearing,
at which time the applicant must demonstrate to the Board, by clear
and convincing evidence, that there will be no adverse effect on the
environment or the public health and safety by the granting of the
variance request. All fees associated with the public hearing shall
be paid by the applicant. All decisions rendered by the Board shall
be made in writing and shall be kept on file in the office of the
Board of Health.
M.
Noncriminal disposition method of enforcement. For the purposes of
noncriminal disposition under MGL c. 40, § 21D, and the
Northbridge Code of Bylaws, § 1-109A, any violation of any
section of these regulations shall be subject to a penalty in the
amount of $100 for the first offense, $200 for the second offense,
and $300 for the third and subsequent offenses in the same calendar
year. Each day or portion thereof during which a violation continues
shall constitute a separate offense, and each provision of the chapter,
regulations or permit violated shall constitute a separate offense.
N.
Effective date. These regulations shall become effective on May 30,
2001.
A.
CONSTRUCTION AND DEMOLITION (C & D) DUMPSTER
CONTRACTOR
DUMPSTER
TEMPORARY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any container used solely for the collection of construction,
demolition and remodeling waste.
The company or firm which is the owner of the dumpster.
Any container used for the collection of garbage, offal or
other offensive substances with a minimum capacity of 1.5 cubic yards.
A period of time no greater than 30 days.
B.
Regulations.
(1)
Any contractor that operates or supplies a dumpster or trash collection service shall be required to obtain a permit from the Board of Health in accordance with § 201-17 of the Regulations of the Town of Northbridge Board of Health and MGL c. 111, § 31A. [Exception: Contractors who supply dumpster services solely for the purpose of the collection of construction, demolition and remodeling waste need not comply with § 201-17.]
(a)
Construction and demolition dumpster contractors shall be required
to obtain a dumpster permit from the Board of Health office. Applications
for C & D dumpster permits shall include name and address of owner,
location of dumpster on the property, and name, address, and phone
number of the owner of the dumpster.
(b)
The fee for a temporary C & D dumpster permit shall be set by the Board. Said permit may be renewed for an additional 30 days upon application and payment of an additional fee. [See § 201-23, Fee Schedule.]
(c)
An annual C & D dumpster permit may be issued by the Board
for large projects that may be ongoing (i.e., subdivision construction)
or whose completion will not occur within a six-month period of time.
(d)
The fee for an annual C & D dumpster permit shall be set by the Board. Said permit may be renewed annually at the close of the calendar year that the permit was issued upon application to the Board and payment of a renewal fee. [See § 201-23, Fee Schedule.]
(e)
There shall be no commingling of household waste with C &
D waste.
(f)
All other regulations outlined in this chapter shall apply to
C & D dumpsters.
(2)
The contractor's name and business telephone number shall be conspicuously
displayed on the dumpster.
(3)
The property owner or authorized agent of the premises utilizing
the collection service shall assure that each dumpster is of sufficient
size and capacity to prevent overflowing.
(4)
Each dumpster must be situated so as not to obstruct the view of
flowing traffic.
(5)
All dumpsters must be secure, free from tipping, in good working
order and shall be capable of being closed. [Exception: Dumpsters
used for the disposal of demolition, construction or remodeling wastes
may have open tops.]
(6)
It shall be the responsibility of the property owner or agent being
serviced to maintain the dumpster area free of odors, scattered debris,
overflowing and all other nuisances.
(7)
The contractor shall have the dumpster deodorized and/or sanitized
as necessary or as ordered by the Board of Health.
(8)
A contractor shall not leave an uncontracted dumpster or container
at a property. Said container must be removed within 72 hours after
termination of service.
(9)
The Board of Health, when deemed necessary, may require that a dumpster
site be enclosed or screened by the property owner or authorized agent.
(10)
These regulations apply to all dumpsters in the Town of Northbridge
whether for residential, commercial or industrial use.
C.
Violations of these rules and regulations.
(1)
Suspension of licenses. Any refuse collection license may be suspended
or revised by the Board of Health upon receipt of evidence satisfactory
to the Board that the licensee has not conformed with the requirements
of these regulations or such further regulations as may be adopted
for the collection and disposal of refuse or upon recommendation of
the Board of Health.
(2)
Violations. Violations of these regulations shall be punishable by
a fine of $25 per violation. Each day shall constitute a new violation.
D.
Severability. Each of these regulations shall be construed as separate
to the end that, if any regulation or sentence, clause or phrase thereof
shall be held invalid for any reason, the remainder of that regulation
and all other regulations shall continue in force.
[Added 9-24-2013, effective 10-4-2013]
A.
Statement of purpose. The purpose of this regulation is to protect
the health of the employees and the general public in the Town of
Northbridge.
B.
Authority. This regulation is promulgated pursuant to the authority
granted to the Northbridge Board of Health by MGL c. 111, § 31,
that Boards of Health may make reasonable health regulations. It is
also promulgated pursuant to MGL c. 270, § 22(j), which
states in part that "Nothing in this section shall permit smoking
in an area in which smoking is or may hereafter be prohibited by law,
including, without limitation, any other law or ordinance or bylaw
or any fire, health or safety regulation. Nothing in this section
shall preempt further limitation of smoking by the commonwealth or
any department, agency, political subdivision of the commonwealth."
C.
E-CIGARETTE
EMPLOYEE
EMPLOYER
ENCLOSED
MARIJUANA
MUNICIPAL BUILDING
NICOTINE DELIVERY PRODUCT
SMOKING BAR
SMOKING (SMOKE)
TOBACCO/TOBACCO PRODUCTS
WORKPLACE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any electronic nicotine delivery product composed of a mouthpiece,
heating element, battery and/or electronic circuits that provides
a vapor of liquid nicotine to the user, or relies on vaporization
of any liquid or solid nicotine. This term shall include such devices
whether they are manufactured as e-cigarettes, e-cigars, e-pipes or
under any other product name.
An individual or person who performs a service for compensation
for an employer at the employer's workplace, including a contract
employee, temporary employee, and independent contractor who performs
a service in the employer's workplace.
An individual, person, partnership, association, corporation,
trust, organization, school, college, university or other educational
institution or other legal entity, whether public, quasi-public, private,
or nonprofit, which uses the services of one or more employees at
one or more workplaces, at any one time, including the Town of Northbridge.
A space bounded by walls, with or without windows, continuous
from floor to ceiling and enclosed by one or more doors, including
but not limited to an office, function room or hallway.
All parts of the plant Cannabis sativa L., whether growing
or not; the seeds thereof; and resin extracted from any part of the
plant; and every compound, manufacture, salt, derivative, mixture,
or preparation of the plant, its seeds or resin. It does not include
the mature stalks of the plant, fiber produced from the stalks, oil,
or cake made from the seeds of the plant, any other compound, manufacture,
salt, derivative, mixture, or preparation of the mature stalks, except
the resin extracted therefrom, fiber, oil, or cake or the sterilized
seed of the plant which is incapable of germination.
Any building or facility owned, operated, leased, or occupied
by the Town of Northbridge.
Any manufactured article or product made wholly or in part
of a tobacco substitute or containing nicotine that is expected or
intended for human consumption, but not including a product approved
by the United States Food and Drug Administration for sale as a tobacco
cessation or harm reduction product or for other medical purposes
and which is being marketed and sold solely for that approved purpose.
Nicotine delivery products include, but are not limited to, e-cigarettes.
An establishment that primarily is engaged in the retail
sale of tobacco products for consumption by customers on the premises
and is required by MGL c. 270, § 22, to maintain a valid
permit to operate a smoking bar issued by the Massachusetts Department
of Revenue. "Smoking bar" shall include, but not be limited to, those
establishments that are commonly known as "cigar bars" and "hookah
bars."
The lighting of a cigar, cigarette, pipe, tobacco product,
marijuana, or nicotine delivery product or possessing a lighted cigar,
cigarette, pipe, tobacco product, marijuana, or nicotine delivery
product or any nontobacco product designed to be combusted and inhaled.
Cigarettes, cigars, chewing tobacco, pipe tobacco, snuff
or tobacco in any of its forms.
An indoor area, structure or facility or a portion thereof
at which one or more employees perform a service, for compensation,
for an employer, or other enclosed spaces rented to or otherwise used
by the public, and where the employer has the right or authority to
exercise control over the space.
D.
Smoking prohibited.
(1)
Smoking is hereby prohibited in the Town of Northbridge in accordance
with MGL c. 270, § 22, commonly known as the "Smoke-Free
Workplace Law."
(2)
It shall be the responsibility of the employer to provide a smoke-free
environment for all employees working in an enclosed workplace.
(3)
Pursuant to MGL c. 270, § 22(j), smoking is also hereby
prohibited in smoking bars and within 20 feet of an entranceway accessible
to the public. [Exception: this shall not apply to a smoker transiting
through such area nor to a smoker approaching an entranceway with
the intention of extinguishing a tobacco product.]
(4)
It is prohibited for any person to use tobacco or tobacco products,
including e-cigarettes, marijuana or any combustible substance or
product designed to be burned and inhaled, in any municipal building
or on any municipal grounds, in parks, or in recreation areas open
to the public.
E.
Violations and penalties.
(1)
The Board of Health, its agent, or designee may, in accordance with
MGL c. 40, § 21D, and the Northbridge Code of Bylaws, § 1-109A,
enforce these regulations through the disposition of noncriminal fines
as set forth below:
(a)
An owner, manager, or other person in control of a building,
vehicle or vessel who violates these regulations shall be punished
by a fine of:
(2)
Each day or portion thereof during which a violation continues shall
constitute a separate offense, and each provision of the chapter,
regulations or permit violated shall constitute a separate offense.
(3)
The Board of Health may, at its discretion, file criminal complaints
for violations of this regulation. Said complaints shall be filed
with the District Court.
F.
Enforcement. Enforcement of this regulation shall be implemented
by the Board of Health of the Town of Northbridge or its designated
agent(s).
G.
Severability. Each of these regulations shall be construed as separate
to the end that, if any regulation or sentence, clause or phrase thereof
shall be held invalid for any reason, the remainder of that regulation
and all other regulations shall continue in full force and effect.
H.
Effective date. These regulations shall become effective October
4, 2013.
A.
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 Northbridge
passes these rules and regulations for the practice of body art in
the Town of Northbridge as part of our mission to protect the health,
safety and welfare of the public.
B.
Authority. These regulations are promulgated under the authority
granted to the Board of Health under MGL c. 111, § 31.
C.
AFTERCARE
APPLICANT
AUTOCLAVE
AUTOCLAVING
BLOOD-BORNE PATHOGENS STANDARD
BOARD OF HEALTH or BOARD
BODY ART
BODY ART ESTABLISHMENT or ESTABLISHMENT
BODY ART PRACTITIONER or PRACTITIONER
BODY PIERCING
BRAIDING
BRANDING
CLEANING AREA
CLIENT
CONTAMINATED WASTE
COSMETIC TATTOOING (also known as "permanent cosmetics," "micro-pigment
implantation" or "dermal pigmentation")
DISINFECTANT
DISINFECTION
EAR-PIERCING
EQUIPMENT
EXPOSURE
HAND SINK
HOT WATER
INSTRUMENTS USED FOR BODY ART
INVASIVE
JEWELRY
LIGHT-COLORED
MINOR
MOBILE BODY ART ESTABLISHMENT
OPERATOR
PARENTERAL CONTACT
PERMIT
PERSON
PHYSICIAN
PROCEDURE SURFACE
SANITARY
SANITIZE
SCARIFICATION
SHARPS
SHARPS CONTAINER
SINGLE-USE ITEMS
STERILIZE
TATTOO
TATTOOING
TEMPORARY BODY ART ESTABLISHMENT
THREE-DIMENSIONAL "3D" BODY ART or BEADING or IMPLANTATION
ULTRASONIC CLEANING UNIT
UNIVERSAL PRECAUTIONS
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
Any person who applies to the Board of Health for either
a body art establishment permit or practitioner permit.
An apparatus for sterilization utilizing steam pressure at
a specific temperature over a period of time.
A process that results in the destruction of all forms of
microbial life, including highly resistant spores, by the use of an
autoclave for a minimum of 30 minutes at 20 pounds of pressure (PSI)
at a temperature of 270° F.
OSHA guidelines contained in 29 CFR 1910.1030, entitled "Occupational
Exposure to Bloodborne Pathogens."
The Board of Health of the Town of Northbridge or its authorized
agent.
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 are prohibited.
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.
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.
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.
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.
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.
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.
A member of the public who requests a body art procedure
at a body art establishment.
Waste as defined in 105 CMR 480.00, Storage and Disposal
of Infectious or Physically Dangerous Medical or Biological Waste,
State Sanitary Code Chapter VIII, and/or 29 CFR 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.
The implantation of permanent pigment, around the eyes, lips
and cheeks of the face, and hair imitation.
A product registered as a disinfectant by the United States
Environmental Protection Agency (EPA).
The destruction of disease-causing microorganisms on inanimate
objects or surfaces, thereby rendering these objects safe for use
or handling.
The puncturing of the lobe of the ear with a presterilized
single-use stud-and-clasp ear-piercing system following the manufacturer's
instructions.
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.
An event whereby there is an eye, mouth or other mucus membrane,
nonintact skin or parenteral contact with the blood or bodily fluids
of another person or contact of an eye, mouth or other mucous membrane,
nonintact skin or parenteral contact with other potentially infectious
matter.
A lavatory equipped with hot and cold running water under
pressure, used solely for washing hands, arms, or other portions of
the body.
Water that attains and maintains a temperature 110° F.
to 130° F.
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.
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.
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.
Has a light reflectance value of 70% or greater.
Any person under the age of 18 years.
Any trailer, truck, car, van, camper or other motorized or
nonmotorized 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.
Any person who, individually or jointly or severally with
others, owns or controls an establishment but is not a body art practitioner.
Piercing mucous membranes or the skin barrier through such
events as needlesticks, human bites, cuts and abrasions.
Board approval, in writing, to either operate a body art
establishment or 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 regulations. Said permit is
exclusive of the establishment's compliance with other licensing or
permitting requirements that may exist within the Board's jurisdiction.
An individual, any form of business or social organization
or any other nongovernmental legal entity, including but not limited
to corporations, partnerships, limited-liability companies, associations,
trusts or unincorporated organizations.
An individual licensed as a qualified physician by the Board of Registration in Medicine pursuant to MGL c. 112, § 2.
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.
Clean and free of agents of infection or disease.
The application of a United States Environmental Protection
Agency-registered sanitizer on a cleaned surface in accordance with
the label instructions.
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."
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.
A puncture-resistant, leakproof container that can be closed
for handling, storage, transportation, and disposal and that is labeled
with the international biohazard symbol.
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.
The use of a physical or chemical procedure to destroy all
microbial life, including highly resistant bacterial endospores.
The indelible mark, figure or decorative design introduced
by insertion of dyes or pigments into or under the subcutaneous portion
of the skin.
Any method of placing ink or other pigment into or under
the skin or mucosa by the aid of needles or any other instrument used
to puncture the skin, resulting in permanent coloration of the skin
or mucosa. This term includes all forms of cosmetic tattooing.
The same as "mobile body art establishment."
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.
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.
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, Vol. 38, No. S-6,
and as "Recommendations for Preventing Transmission of Human Immunodeficiency
Virus and Hepatitis B Virus to Patients During Exposure-Prone Invasive
Procedures" in MMWR, July 12, 1991, Vol. 40, No. RR-8. This method
of infection control requires the employer and the employee to assume
that all human blood and specified human body fluids are infectious
for HIV, HBV, and other blood pathogens. Precautions include hand
washing; gloving; personal protective equipment; injury prevention;
and proper handling and disposal of needles, other sharp instruments,
and blood and body-fluid-contaminated products.
D.
Exemptions.
(1)
Physicians licensed in accordance with MGL c. 112, § 2, who perform body art procedures as part of patient treatment are exempt from these regulations.
(2)
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.
E.
Restrictions.
(1)
No tattooing, piercing of genitalia, branding or scarification shall
be performed on a person under the age of 18.
(2)
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. "Properly identified"
shall mean a valid photo identification of the adult and a birth certificate
of the minor.
(3)
No body art shall be performed upon an animal.
(4)
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 frenulum
(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.
(5)
The following practices are 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/tattooing; cartilage modification; amputation;
genital modification; introduction of saline or other liquids.
F.
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:
(1)
Physical plant.
(a)
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.
(b)
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.
(c)
The establishment shall take all measures necessary to ensure
against the presence or breeding of insects, vermin, and rodents within
the establishment.
(d)
Each body art station 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 partition,
at a minimum.
(e)
The establishment shall be well ventilated and provided with
an artificial light source equivalent to at least 20 footcandles three
feet off the floor, except that at least 100 footcandles shall be
provided at the level where the body art procedure is being performed,
where instruments and sharps are assembled and all cleaning areas.
(f)
All electrical outlets in operator areas and cleaning areas
shall be equipped with approved ground fault (GFCI) protected receptacles.
(g)
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.
(h)
There shall be a sharps container in each operator area and
each cleaning area.
(i)
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.
(j)
The public water supply entering a body art establishment shall
be protected by a testable, reduced-pressure backflow preventor installed
in accordance with 142 CMR 248, as amended from time to time.
(k)
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.
(l)
At least one janitorial sink shall be provided in each body
art establishment for use in cleaning the establishment and proper
disposal of noncontaminated 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.
(m)
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.
(n)
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.
(o)
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.
(p)
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.
(q)
Smoking, eating, or drinking is prohibited in the area where
body art is performed, with the exception of nonalcoholic fluids being
offered to a client during or after a body art procedure.
(2)
Requirements for single-use items, including inks, dyes and pigments.
(a)
Single-use items shall not be used on more than one client for
any reason. After use, all single-use sharps shall be immediately
disposed of in approved sharps containers pursuant to 105 CMR 480.000.
(b)
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.
(c)
Hollow-bore needles or needles with a cannula shall not be reused.
(d)
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.
(e)
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
caps. Upon completion of the tattoo, these single-use cups or caps
and their contents shall be discarded.
(3)
Sanitation and sterilization measures and procedures.
(a)
All nondisposable 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 United States Food and Drug Administration and operated in
accordance with manufacturer's instructions.
(b)
After being cleaned, all nondisposable 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 United States Food and Drug Administration.
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 months.
(c)
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.
(d)
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 years and made available
to the Board upon request.
(e)
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.
(f)
Sterile instruments may not be used if the package has been
breached or after the expiration date without first repackaging and
resterilizing.
(g)
If the body art establishment uses only sterile single-use,
disposable instruments and products, and uses sterile supplies, an
autoclave shall not be required.
(h)
When assembling instruments used for body art procedures, the
operator shall wear sterile disposable medical gloves and use medically
recognized sterile techniques to ensure that the instruments and gloves
are not contaminated.
(i)
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. Should such items become contaminated
directly or indirectly with bodily fluids, the items shall be washed
in accordance with standards applicable to hospitals and medical-care
facilities, at a temperature of 160° F. or a temperature of 120°
F. with the use of chlorine disinfectant.
(4)
Posting requirements. The following shall be prominently displayed:
(a)
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.
(b)
The name, address and phone number of the Northbridge Board
of Health.
(c)
An emergency plan, including:
[1]
A plan for the purpose of contacting police, fire or emergency
medical services in the event of an emergency;
[2]
A telephone in good working order shall be easily available
and accessible to all employees and clients during all hours of operation;
and
[3]
A sign at or adjacent to the telephone indicating the correct
emergency telephone numbers.
(d)
An occupancy and use permit as issued by the local building
official.
(e)
A current establishment permit.
(f)
Each practitioner's permit.
(5)
Establishment recordkeeping. The establishment shall maintain the
following records in a secure place for a minimum of three years,
and such records shall be made available to the Board upon request:
(a)
Establishment information, which shall include:
[1]
Establishment name;
[2]
Hours of operation;
[3]
Owner's name and address;
[4]
A complete description of all body art procedures performed;
[5]
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;
[6]
A material safety data sheet, when available, for each ink and
dye used by the establishment;
[7]
Copies of waste hauler manifests;
[8]
Copies of commercial biological monitoring tests;
[9]
Exposure incident report (kept permanently);
[10]
A copy of these regulations.
(c)
Client information, which shall include:
[1]
Name;
[2]
Age as verified by valid photo identification (note ID utilized
for age verification);
[3]
Address of the client;
[4]
Date of the procedure;
[5]
Name of the practitioner who performed the procedure(s);
[6]
Description of procedure(s) performed and the location on the
body;
[8]
If the client is a person under the age of 18, proof of parental
or guardian identification, presence and consent, including age verification
by photographic identification of the parent or guardian (note ID
utilized for age verification).
(d)
Exposure control plan. Each establishment shall create, update,
and comply with an exposure control plan. The plan shall be submitted
to the Board for review so as to meet all of the requirements of OSHA
regulations, to include, but not be limited to, 29 CFR 1910.1030,
OSHA Bloodborne Pathogens Standards, et seq., as amended from time
to time. A copy of the plan shall be maintained at the body art establishment
at all times and shall be made available to the Board upon request.
(6)
No person shall establish or operate a mobile or temporary body art
establishment.
G.
Standards of practice. Practitioners are required to comply with
the following minimum health standards:
(1)
A practitioner shall perform all body art procedures in accordance
with universal precautions set forth by the United States Centers
for Disease Control and Prevention.
(2)
A practitioner shall refuse service to any person who appears to
be under the influence of alcohol or drugs.
(3)
Practitioners who use ear-piercing systems must conform to the manufacturer's
directions for use and to applicable United States 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.
(4)
Health history and client informed consent. Prior to performing a
body art procedure on a client, the practitioner shall:
(a)
Inform the client, verbally and in writing, that the following
health conditions may increase health risks associated with receiving
a body art procedure:
[1]
History of diabetes;
[2]
History of hemophilia (bleeding);
[3]
History of skin diseases, skin lesions, or skin sensitivities
to soaps, disinfectants, etc.;
[4]
History of allergies or adverse reactions to pigments, dyes,
or other sensitivities;
[5]
History of epilepsy, seizures, fainting, or narcolepsy;
[6]
Use of medications, such as anticoagulants, which thin the blood
and/or interfere with blood clotting; and
[7]
Any other conditions such as hepatitis or HIV.
(b)
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 Subsection G(11).
(5)
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 his/her 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.
(6)
In performing body art procedures, a practitioner shall wear sterile 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 Subsection G(5) 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 sterile single-use gloves does not preclude or substitute for handwashing procedures as part of a good personal hygiene program.
(7)
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.
(8)
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.
(9)
Preparation and care of a client's skin area must comply with the
following:
(a)
Any skin or mucosa surface to receive a body art procedure shall
be free of rash or any visible infection.
(b)
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.
(c)
In the event of bleeding, all products used to stop the bleeding
or to absorb blood shall be single-use, discarded immediately after
use in appropriate covered containers, and disposed of in accordance
with 105 CMR 480.000.
(10)
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.
(11)
The practitioner shall provide each client with verbal and written
instructions on the aftercare of the body art site.
(a)
(b)
A copy shall be provided to the client.
(c)
A model set of aftercare instructions shall be made available
by the Board.
(12)
Contaminated waste shall be stored, treated and disposed of
in accordance with 105 CMR 480.000, Storage and Disposal of Infectious
or Physically Dangerous Medial or Biological Waster, State Sanitary
Code Chapter VIII.
H.
Exposure incident report.
(1)
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.
(2)
Each exposure incident report shall contain:
(a)
A copy of the application and consent for body art activity
completed by a client or minor client involved in the exposure incident;
(b)
A full description of the exposure incident, including the portion
of the body involved therein;
(c)
Instrument(s) or other equipment implicated;
(d)
A copy of the body art practitioner license of the involved
body art practitioner;
(e)
Date and time of exposure;
(f)
A copy of any medical history released to the body art establishment
or body art practitioner; and
(g)
Information regarding any recommendation to refer to a physician
or waiver to consult a physician by persons involved.
I.
Injury and/or complication 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:
(1)
The name of the affected client;
(2)
The name and location of the body art establishment involved;
(3)
The nature of the injury, infection complication or disease;
(4)
The name and address of the affected client's health-care provider,
if any;
(5)
Any other information considered relevant to the situation.
J.
Complaints.
(1)
The Board shall investigate complaints received about an establishment
or practitioner's practices or acts that may violate any provision
of the Board's regulations.
(2)
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.
(3)
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.
K.
Application for body art establishment permit.
(1)
No person may operate a body art establishment except with a valid
permit from the Board.
(2)
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.
(3)
An establishment permit shall be valid from the date of issuance
and for no longer than one year unless revoked sooner by the Board.
(4)
The Board shall require that the applicant provide, at a minimum,
the following information in order to be issued an establishment permit:
(b)
The manufacturer, model number, model year, and serial number,
where applicable, of the autoclave used in the establishment;
(c)
A signed and dated acknowledgment that the applicant has received,
read and understood the requirements of the Board's body art regulations;
(d)
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
(e)
Exposure report plan.
(f)
Such additional information as the Board may reasonably require.
(5)
The annual fee for the body art establishment shall be set by the Board. [See § 201-23, Fee Schedule.]
(6)
A permit for a body art establishment shall not be transferable from
one place or person to another.
L.
Application for body art practitioner permit.
(1)
No person shall practice body art or perform any body art procedure
without first obtaining a practitioner permit from the Board.
(2)
The annual fee for the body art practitioner permit shall be set by the Board. [See § 201-23, Fee Schedule.]
(3)
A practitioner shall be a minimum of 18 years of age.
(4)
A practitioner permit shall be valid from the date of issuance and
shall expire no later than one year from the date of issuance, unless
revoked sooner by the Board.
(6)
Practitioner training and experience.
(a)
In reviewing an application for a practitioner permit, the Board
may consider experience, training and/or certification acquired in
other states that regulate body art.
(b)
Training.
[1]
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).
[2]
Examples of courses approved by the Board include "Preventing
Disease Transmission" (American Red Cross) and "Bloodborne Pathogen
Training" (United States OSHA). Training/courses provided by professional
body art organizations or associations or by equipment manufacturers
may also be submitted to the Board for approval.
(c)
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).
(d)
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.
(e)
The applicant for all practitioner permits 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.
(7)
A practitioner's permit shall be conditioned upon continued compliance
with all applicable provisions of these rules and regulations.
M.
Grounds for suspension, denial, revocation, or refusal to renew permit.
(1)
The Board may suspend a permit, 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 suspension,
denial, revocation or refusal to renew:
(a)
Any actions which would indicate that the health or safety of
the public would be at risk;
(b)
Fraud, deceit or misrepresentation in obtaining a permit or
its renewal;
(c)
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;
(d)
Any present or past violation of the Board's regulations governing
the practice of body art;
(e)
Practicing body art while the ability to practice is impaired
by alcohol, drugs, physical disability or mental instability;
(f)
Being habitually drunk or being dependent on, or a habitual
user of, narcotics, barbiturates, amphetamines, hallucinogens, or
other drugs having similar effects;
(g)
Knowingly permitting, aiding or abetting an unauthorized person
to perform activities requiring a permit;
(h)
Continuing to practice while his/her permit is lapsed, suspended,
or revoked;
(i)
Having been disciplined in another jurisdiction in any way by
the proper permitting authority for reasons substantially the same
as those set forth in the Board's regulations; and
(j)
Other just and sufficient cause which the Board may determine
would render the establishment, practitioner or applicant unfit to
practice body art.
(2)
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 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 days, subject to the procedures outlined in Subsection O.
(3)
Applicants denied a permit may reapply at any time after denial.
N.
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.
O.
Procedure for hearings.
(1)
The owner of the establishment or practitioner shall be given written
notice of the Board's intent to hold a hearing for the purpose of
suspension, revocation, denial or refusal to renew a permit. This
written notice shall be served through a certified letter sent return
receipt requested or by constable. The notice shall include the date,
time and place of the hearing and the owner of the establishment or
practitioner's right to be heard. The Board shall hold the hearing
no later than 21 days from the date the written notice is received.
P.
Severability. If any provision contained in these rules and regulations
is deemed invalid for any reason, it shall be severed and shall not
affect the validity of the remaining provisions.
Q.
Punitive measures for noncompliance.
(1)
Criminal complaints shall be filed at the discretion of the Board
or its agent immediately upon verification of violation of these regulations.
Said complaint shall be filed with the District Court.
(2)
Noncriminal complaints.
(a)
Noncriminal complaints shall be filed at the discretion of the
Board or its agent in accordance with MGL c. 40, § 21D,
and the Northbridge Code of Bylaws, § 1-109A, in the following
manner:
(b)
Each day or portion thereof during which a violation continues
shall constitute a separate offense, and each provision of the chapter,
regulations or permit violated shall constitute a separate offense.
R.
Effective date. These rules and regulations shall be effective as
of March 21, 2001.
A.
Purpose. Whereas mercury is an element that can be toxic to humans
and wildlife; and whereas exposure to mercury can damage the nervous
system, brain, kidneys, liver, and immune system; and whereas mercury
can enter the body either through skin absorption or through inhalation
of mercury vapors; now, therefore, the Board of Health of the Town
of Northbridge passes these rules and regulations for the disposal
of mercury-containing products in the Town of Northbridge as part
of its mission to protect the health, safety and welfare of the public.
B.
Authority. These regulations are promulgated under the authority
granted to the Board of Health under MGL, c. 111, § 31.
C.
INDIVIDUAL
MERCURY-CONTAINING PRODUCTS
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any person or persons that may be responsible for the removal
or replacement of mercury-containing products. The individual may
be the property owner, contractor, plumber, electrician, or any other
person responsible for the ultimate disposal of mercury-containing
products, including employees and owners of retail, hardware, and
electronic stores, as well as administrators and employees of health-care
facilities or any other establishment where mercury-containing products
may be found.
Any product that contains the element mercury. These common
products include but are not limited to thermometers (i.e., fever,
candy, oven, indoor and outdoor), thermostats, fluorescent bulbs and
switches, barometers, sphygmomanometers (blood pressure cuffs), and
button cell batteries.
D.
Regulations.
(1)
Mercury-containing products shall not be disposed of through any
waste stream that results in their incineration, landfilling, discharge
into the environment or any other method of disposal not approved
by the Department of Environmental Protection and the Northbridge
Board of Health.
(2)
It shall be the responsibility of the individual(s) removing or replacing
such mercury-containing products to properly dispose of this product
in accordance with these regulations and any state regulation regarding
proper mercury disposal.
(3)
Mercury-containing products must be disposed of through an approved
Board of Health recycling program. Approved programs shall, at a minimum,
document how they will accept, store, recycle and transfer each product.
E.
Enforcement and penalties.
(1)
Any member of the Board of Health or its agents, the Northbridge
Building Department, including the Building Inspector, Electrical
Inspector, and Plumbing Inspector, or any other person designated
by the Board of Health that may oversee the removal, replacement,
or disposal of mercury-containing products shall enforce the provisions
of this regulation.
(2)
For the purposes of noncriminal disposition under MGL c. 40, § 21D,
and the Northbridge Code of Bylaws, § 1-109A, any violation
of any section of these regulations shall be subject to a penalty
in the amount of $50 for the first offense, $150 for the second offense,
and $300 for the third and subsequent offenses in the same calendar
year. Each day or portion thereof during which a violation continues
shall constitute a separate offense.
F.
Severability. Each provision of this regulation shall be construed
as separate to the end that, if any part of it shall be held invalid
for any reason, the remainder shall continue in full force and effect.
G.
Effective date. These rules and regulations shall be effective as
of July 1, 2002.
[Added 4-29-2014, effective 5-9-2014]
A.
Statement of purpose.
(1)
Whereas the citizens of Massachusetts voted in November of 2012 to
declare there should be no punishment under state law for qualifying
patients and health care professionals, personal caregivers for patients,
or registered marijuana dispensary agents for the medical use of marijuana.
(2)
Whereas the Town of Northbridge aims to abide by the aim of this
law and ensure that registered marijuana dispensaries abide by further
regulations to ensure the public health and public safety of our residents.
(3)
Now, therefore, it is the intention of the Town of Northbridge to
regulate the sale of marijuana.
B.
Authority. This section is promulgated pursuant to the authority
granted to the Northbridge Board of Health by MGL c. 111, § 31,
Massachusetts General Laws Chapter 111, Section 31, that "Boards of
Health may make reasonable health regulations."
C.
BLUNT WRAP
BUSINESS AGENT
CARD HOLDER
CIGAR
DISPENSARY AGENT
E-CIGARETTE
EMPLOYEE
EMPLOYER
HARDSHIP CULTIVATION REGISTRATION
LICENSE HOLDER
LICENSE TO OPERATE A REGISTERED MARIJUANA DISPENSARY (hereafter
referred to as "license")
MARIJUANA
MARIJUANA-INFUSED PRODUCT (MIP)
NICOTINE DELIVERY PRODUCT
NONRESIDENTIAL ROLL-YOUR-OWN (RYO) MACHINE
PARAPHERNALIA
PERSONAL CAREGIVER
QUALIFYING PATIENT
REGISTERED MARIJUANA DISPENSARY
REGISTRATION CARD
SELF-SERVICE DISPLAY
SIXTY-DAY SUPPLY
SMOKING
TOBACCO PRODUCT
VENDING MACHINE
WRITTEN CERTIFICATION
Definitions. For the purpose of this section, the following words
shall have the following meanings. Terms not herein defined shall
be used as defined in 105 CMR 725.
Any tobacco product manufactured or packaged as a wrap or
as a hollow tube made wholly or in part from tobacco that is designed
or intended to be filled by the consumer with loose tobacco or other
fillers.
An individual who has been designated by the owner or operator
of any establishment to be the manager or otherwise in charge of said
establishment.
A registered qualifying patient, a personal caregiver, or
a dispensary agent of a registered marijuana dispensary who has been
issued and possesses a valid registration card.
Any roll of tobacco that is wrapped in leaf tobacco or in any substance containing tobacco with or without a tip or mouthpiece not otherwise defined as a cigarette under MGL c. 64C, § 1, Paragraph 1.
A board member, director, employee, executive, manager, or
volunteer of a registered marijuana dispensary who is at least 21
years of age and who has received approval from the state under 105
CMR 725.030. "Employee" includes a consultant or contractor who provides
on-site services to a registered marijuana dispensary related to the
cultivation, harvesting, preparation, packaging, storage, testing,
or dispensing of marijuana.
Any electronic nicotine delivery product composed of a mouthpiece,
heating element, battery and/or electronic circuits that provides
a vapor of liquid nicotine to the user or relies on vaporization of
solid nicotine or any liquid. This term shall include such devices
whether they are manufactured as e-cigarettes, e-cigars, e-pipes or
under any other product name.
Any individual who performs services for an employer.
Any individual, partnership, association, corporation, trust
or other organized group of individuals that uses the services of
one or more employees.
A registration issued to a registered qualifying patient
under the requirements of 105 CMR 725.035.
Any person engaged in the sale marijuana who applies for
and receives a license or any person who is required to apply for
a license pursuant to these regulations, or his or her business agent.
A license issued by the Town of Northbridge, to be renewed
annually, that permits a registered marijuana dispensary to operate.
All parts of the plant Cannabis sativa L., whether growing
or not; the seeds thereof; and resin extracted from any part of the
plant; and every compound, manufacture, salt, derivative, mixture,
or preparation of the plant, its seeds or resin. It does not include
the mature stalks of the plant, fiber produced from the stalks, oil,
or cake made from the seeds of the plant, any other compound, manufacture,
salt, derivative, mixture, or preparation of the mature stalks, except
the resin extracted therefrom, fiber, oil, or cake or the sterilized
seed of the plant which is incapable of germination. The term also
includes marijuana-infused products (MIPs) except where the context
clearly indicates otherwise.
A product infused with marijuana that is intended for use or consumption, including but not limited to edible products, ointments, aerosols, oils, and tinctures. These products, when created or sold by a registered marijuana dispensary, shall not be considered a food or a drug as defined in MGL c. 94, § 1.
Any manufactured article or product made wholly or in part
of a tobacco substitute or containing nicotine that is expected or
intended for human consumption, but not including a product approved
by the United States Food and Drug Administration for sale as a tobacco
use cessation or harm reduction product or for other medical purposes
and which is being marketed and sold solely for that approved purpose.
Nicotine delivery products include, but are not limited to, e-cigarettes.
A mechanical device made available for use (including to
an individual who produces rolled marijuana products solely for the
individual's own personal consumption or use) that is capable of making
rolled marijuana products. RYO machines located in private homes used
for solely personal consumption are not nonresidential RYO machines.
"Drug paraphernalia" as defined in MGL c. 94C, § 1.
A person, registered by the Massachusetts Department of Public
Health, who is at least 21 years old, who has agreed to assist with
a registered qualifying patient's medical use of marijuana, and is
not the registered qualifying patient's certifying physician. An employee
of a hospice provider, nursing, or medical facility or a visiting
nurse, personal care attendant, or home health aide providing care
to a qualifying patient may serve as a personal caregiver, including
to patients under 18 years of age as a second caregiver.
A Massachusetts resident 18 years of age or older who has
been diagnosed by a Massachusetts licensed certifying physician as
having a debilitating medical condition, or a Massachusetts resident
under 18 years of age who has been diagnosed by two Massachusetts
licensed certifying physicians, at least one of whom is a board-certified
pediatrician or board-certified pediatric subspecialist, as having
a debilitating medical condition that is also a life-limiting illness,
subject to 105 CMR 725.010(J).
A not-for-profit entity registered under 105 CMR 725.100
that acquires, cultivates, possesses, processes (including development
of related products such as edible MIPs, tinctures, aerosols, oils,
or ointments), transfers, transports, sells, distributes, dispenses,
or administers marijuana, products containing marijuana, related supplies,
or educational materials to registered qualifying patients or their
personal caregivers. Unless otherwise specified, "registered marijuana
dispensary" refers to the site(s) of dispensing, cultivation, and
preparation of marijuana.
An identification card issued by the Department, valid for
one year from the date of issue, to a registered qualifying patient,
personal caregiver, or dispensary agent. The registration card verifies
either that a certifying physician has provided a written certification
to the qualifying patient and the patient has been registered with
the Department; that a patient has designated the individual as a
personal caregiver; that a patient has been granted a hardship cultivation
registration; or that a dispensary agent has been registered with
the Department and is authorized to work at a registered marijuana
dispensary. The registration card allows access into appropriate elements
of a Department-supported, interoperable database in which detailed
information regarding certifications and possession criteria are stored.
The registration card identifies for the Department and law enforcement
authorities those individuals who are exempt from Massachusetts criminal
and civil penalties for the medical use of marijuana in compliance
with 105 CMR 725.000 and MGL c. 369.
Any display from which customers may select a marijuana product
without assistance from a dispensary agent or store personnel.
That amount of marijuana, or equivalent amount of marijuana
in MIPs, that a registered qualifying patient would reasonably be
expected to need over a period of 60 calendar days for his or her
personal medical use, which is 10 ounces, subject to 105 CMR 725.010(I).
The lighting of a cigar, cigarette, pipe or other tobacco
product or possessing a lighted cigar, cigarette, pipe or other tobacco
or nontobacco product designed to be combusted and inhaled.
Cigarettes, cigars, chewing tobacco, pipe tobacco, bidis,
snuff, blunt wraps or tobacco in any of its forms.
Any automated or mechanical self-service device, which, upon
insertion of money, tokens or any other form of payment, dispenses
or makes marijuana products.
A form submitted to the Department by a Massachusetts licensed
certifying physician, describing the qualifying patient's pertinent
symptoms, specifying the patient's debilitating medical condition,
and stating that in the physician's professional opinion the potential
benefits of the medical use of marijuana would likely outweigh the
health risks for the patient.
D.
License to operate a registered marijuana dispensary.
(1)
Anyone applying for a license to operate a registered marijuana dispensary
must be at least 21 years of age, a U.S. citizen, and a resident of
Massachusetts.
(2)
No person shall sell or otherwise distribute marijuana or marijuana
products within the Town of Northbridge without first obtaining a
license to operate a registered marijuana dispensary (license) issued
annually by the Northbridge Board of Health. Only registered marijuana
dispensaries with a permanent, nonmobile location in Northbridge,
meeting zoning restrictions, are eligible to apply for a license to
maintain a supply of marijuana or marijuana products at the specified
location in the Town of Northbridge.
(3)
As part of the license application process, the applicant will submit
the detailed summary of operating policies and procedures for the
registered marijuana dispensary as submitted with their Phase II application
per 105 CMR 725.100, including, but not limited to, provisions for
security, prevention of diversion, storage of marijuana, transportation
of marijuana, inventory procedures, procedures for quality control
and testing of product for potential contaminants, procedures for
maintaining confidentiality as required by law, personnel policies,
dispensing procedures, recordkeeping procedures, plans for patient
education, and any plans for patient or personal caregiver home delivery.
(4)
As part of the license application process, the applicant will be
provided with this section. Each applicant is required to sign a statement
declaring that the applicant has read said regulation and that the
applicant is responsible for instructing any and all dispensary agents
who will be responsible for sales. This shall be required at time
of initial application and annually thereafter when applying for renewal
of license to operate a registered marijuana dispensary in the Town
of Northbridge.
(5)
Each applicant is required to provide proof of a current registered
marijuana dispensary registration, issued by the Commonwealth of Massachusetts,
before a license can be issued.
(6)
As a condition of license issuance, the registered marijuana dispensary
agrees to provide to the Town of Northbridge a copy of its certificate
of registration, annual renewals thereafter, any changes to the business
as described in 105 CMR 725.100(F) and current written operating procedures
required in 105 CMR 725.105.
(7)
No applicant is permitted to sell alcohol, tobacco products and/or
nicotine delivery products and must not be in possession of either
a tobacco sales permit or a liquor license issued by the Town of Northbridge.
(8)
No applicant is permitted to hold a food service permit issued by
the Town for on-premises food consumption.
(9)
No applicant is permitted to be a Massachusetts lottery dealer.
(10)
The fee for a license shall be determined by the Northbridge
Board of Health annually. The initial fee for this license is set
at $500 annually.
(11)
A separate license is required for each retail establishment
selling marijuana and/or marijuana products and for each location,
not being the same address as the retail establishment, where the
registered marijuana dispensary is approved by the state to cultivate
marijuana or prepare MIPs.
(12)
Each license shall be displayed at the retail establishment
in a conspicuous place.
(13)
Issuance of and maintaining a license shall be conditioned on
an applicant's consent to unannounced, periodic inspections of his/her
retail establishment to ensure compliance with this section.
(14)
Issuance of and maintaining a license shall be conditioned on
an applicant's ongoing compliance with current Commonwealth of Massachusetts
requirements and policies regarding marijuana sales.
(15)
The applicant agrees to maintain a closed-circuit camera system
that records all sales transactions and any recording from the previous
twenty-four-hour period must be provided to any law enforcement official
or municipal agent who requests such recording.
(16)
License holders agree that a registered marijuana dispensary
will not open for business before 9:00 a.m. and shall close no later
than 9:00 p.m. Monday through Saturday and will not be open for business
before 12:00 p.m. and shall close no later than 5:00 p.m. on Sunday.
(17)
No license holder shall allow any dispensary agent to sell marijuana
or marijuana products until such dispensary agent reads this section
regarding the sale of marijuana and signs a statement, a copy of which
will be placed on file in the office of the license holder, that he
or she has read the regulation.
(18)
Dispensary agents must present their registration card to any
law enforcement official or municipal agent who questions the agent
concerning their marijuana-related activities.
(19)
A license is nontransferable. A new owner of a registered marijuana
dispensary must apply for a new license. No new license will be issued
unless and until all outstanding penalties incurred by the previous
license holder are satisfied in full.
(20)
A license will not be renewed if the license holder has failed
to pay all fines issued and the time period to appeal the fines has
expired and/or has not satisfied any outstanding license suspensions.
(21)
At any given time, there shall be no more than one license issued
in Town.
E.
Marijuana sales by registered marijuana dispensaries.
(1)
No person shall sell marijuana from any location other than at a
registered marijuana dispensary that possesses a valid license to
operate a registered marijuana dispensary issued by the Town.
(2)
Registered marijuana dispensaries shall only permit dispensary agents
to transport marijuana or MIPs on their behalf, whether between dispensaries,
dispensary sites, or to registered qualifying patients or personal
caregivers and follow Massachusetts Department of Public Health guidelines
found in 105 CMR 725.110(E), which shall be made available to the
Northbridge Police Department upon request.
(3)
Registered marijuana dispensaries shall permit entry to the registered
marijuana dispensary, to specifically engage in activity expressly
or by necessary implication permitted by the MGL c. 369 and 105 CMR
725.000, to only registered qualifying patients, personal caregivers,
dispensary agents, persons authorized by 105 CMR 725.105(P) and, subject
to the requirements of 105 CMR 725.110(C)(4), outside vendors, contractors
and visitors.
(4)
Registered marijuana dispensaries shall limit entry to their "limited
access areas" to dispensary agents and outside vendors, contractors
and visitors meeting the requirements found at 105 CMR 725.110(C).
(5)
Dispensary agents shall verify the registration card of the card
holder by means of a valid government-issued photographic identification.
No separate identification is required for valid registration cards
bearing a photograph of the holder.
(6)
All retail sales of marijuana must be face-to-face between the dispensary
agent and the card holder and occur at the licensed location. Exception:
Retail sales of marijuana through a home delivery method, which has
been reviewed and approved by the Northbridge Police Department, must
be face-to-face between the dispensary agent and the card holder at
the card holder's residence.
(7)
No person shall distribute, or cause to be distributed, any free
samples of marijuana or marijuana products. No means, instruments
or devices that allow for the redemption of marijuana or marijuana
products are prohibited.
(8)
Registered marijuana dispensaries are prohibited from using self-service
displays, vending machines or nonresidential roll-your-own machines.
(9)
The owner or other person in charge of a registered marijuana dispensary
shall conspicuously post signage at all entrances indicating that
the entry to persons not possessing a valid registration card is prohibited.
The signage shall be provided by the Town of Northbridge. The notice
shall be no smaller than 8.5 inches by 11 inches and shall be posted
conspicuously in the retail establishment or other place in such a
manner so that it may be readily seen by a person approaching the
registered marijuana dispensary.
F.
Dispensary agent permit.
(1)
No dispensary agent shall sell or otherwise distribute marijuana
or marijuana products within the Town of Northbridge without first
obtaining a dispensary agent permit (permit) issued annually by the
Northbridge Board of Health.
(2)
As part of the permit application process, the applicant will be
provided with this section. Each applicant is required to sign a statement
declaring that the applicant has read said regulation. This shall
be required at time of initial application and annually thereafter
when applying for renewal of the dispensary agent permit in the Town
of Northbridge.
(3)
Each applicant is required to provide proof by means of a valid government-issued
photographic identification containing the bearer's date of birth
that the applicant is 21 years old or older.
(4)
Each applicant is required to provide proof of a current dispensary
agent registration, issued by the Commonwealth of Massachusetts, before
a permit can be issued.
(5)
The fee for a permit shall be determined by the Northbridge Board
of Health annually. The initial fee for this permit is set at $100
annually.
(6)
Issuance of and maintaining a permit shall be conditioned on an applicant's
ongoing compliance with current Commonwealth of Massachusetts requirements
and policies regarding marijuana sales.
(7)
A permit will not be renewed if the permit holder has failed to pay
all fines issued and the time period to appeal the fines has expired
and/or has not satisfied any outstanding permit suspensions.
(8)
Dispensary agents must present their state registration card and
dispensary agent permit to any law enforcement official or municipal
agent who questions the agent concerning his or her marijuana-related
activities.
(9)
Dispensary agents shall verify the registration card of the card
holder by means of a valid government-issued photographic identification.
No separate identification is required for valid registration cards
bearing a photograph of the holder.
(10)
All retail sales of marijuana must be face-to-face between the
dispensary agent and the card holder and occur at the licensed location.
Exception: Retail sales of marijuana through a home delivery method,
which has been reviewed and approved by the Northbridge Police Department,
must be face-to-face between the dispensary agent and the card holder
at the card holder's residence.
(11)
No dispensary agent shall distribute, or cause to be distributed,
any free samples of marijuana or marijuana products. No means, instruments
or devices that allow for the redemption of marijuana or marijuana
products are prohibited.
G.
Registration card holders.
(1)
A qualifying patient, personal caregiver or a dispensary agent must
notify the Northbridge Police Department within 72 hours after he
or she discovers that his or her registration card has been lost or
stolen.
(2)
A qualifying patient, personal caregiver or a dispensary agent must
carry his or her registration card at all times while in possession
of marijuana.
(3)
A registered qualifying patient with a hardship cultivation registration,
or his or her personal caregiver(s), must abide by the provisions
of 105 CMR 725.035.
H.
Marijuana sales by individuals.
(1)
The sale of marijuana by any person outside of a registered marijuana
dispensary, including card holders and dispensary agent permit holders,
is prohibited and shall be punishable in accordance with applicable
state and local laws.
(2)
The use of marijuana by persons who are not card holders, including
personal caregivers who are card holders, shall be punishable in accordance
with applicable state and local laws.
I.
Marijuana possession.
(1)
A card holder must present his or her registration card to any law
enforcement official who questions the patient or caregiver regarding
use of marijuana.
(2)
A card holder must not possess an amount of marijuana that exceeds
his/her sixty-day supply.
(3)
Growing marijuana is prohibited except for those possessing a valid
hardship cultivation registration issued by the Commonwealth of Massachusetts.
J.
Marijuana use.
(1)
The smoking of any marijuana is prohibited in locations governed
by the Massachusetts Smoke-Free Workplace Law (MGL c. 270, § 22)
and by any local laws or regulations that further ban smoking.
(2)
In accordance with § 201-19D(4) of the Northbridge Board of Health Code of Regulations, the smoking of marijuana is prohibited in any municipal building or on any municipal grounds, in parks, or in recreation areas open to the public.
(3)
The use of marijuana by all persons, including card holders, is prohibited
in public schools, on public school grounds and on public school buses.
K.
Violations.
(1)
It shall be the responsibility of the license holder, his or her
business agent and/or permit holder to ensure compliance with all
sections of this section pertaining to his or her distribution of
marijuana and/or marijuana products. The violator shall receive:
(a)
In the case of a first violation, a fine of $300.
(b)
In the case of a second violation within 24 months of the date
of the current violation, a fine of $300, and the license or permit
shall be suspended for seven consecutive business days.
(c)
In the case of three or more violations within a twenty-four-month
period, a fine of $300, and the license or permit shall be suspended
for 30 consecutive business days.
(2)
Refusal to cooperate with inspections pursuant to this section shall
result in the suspension of the license or permit for 30 consecutive
business days.
(3)
In addition to the monetary fines set above, any license holder or
permit holder who engages in the sale or distribution of marijuana
or marijuana products while his or her license or permit is suspended
shall be subject to the suspension of all Town-issued permits and
licenses for 30 consecutive business days.
(4)
The Northbridge Board of Health shall provide notice of the intent
to suspend a license or permit, which notice shall contain the reasons
therefor and establish a time and date for a hearing, which date shall
be no earlier than seven days after the date of said notice. The license
holder or its business agent or permit holder shall have an opportunity
to be heard at such hearing and shall be notified of the Town's decision
and the reasons therefor in writing. After a hearing, the Town shall
suspend the license or permit if the Town finds that a violation of
this section occurred. For purposes of such suspensions, the Town
shall make the determination notwithstanding any separate criminal
or noncriminal proceedings brought in court hereunder or under the
Massachusetts General Laws for the same offense. All marijuana and
marijuana products shall be removed from the retail establishment
upon suspension of the license. Failure to remove all marijuana and
marijuana products shall constitute a separate violation of this section.
L.
Noncriminal disposition.
M.
Enforcement.
(1)
Enforcement of this section shall be by the Northbridge Board of
Health, Northbridge Police Department and/or an authorized agent of
the Northbridge Board of Health.
(2)
Any resident who desires to register a complaint pursuant to the
regulation may do so by contacting the Northbridge Board of Health
or its designated agent(s), and they shall investigate.
N.
Severability. If any provision of these regulations is declared invalid
or unenforceable, the other provisions shall not be affected thereby
but shall continue in full force and effect.
O.
Effective date. This section shall take effect on May 9, 2014.
[Amended 8-2-2016, effective
9-1-2016; 4-9-2019, effective 5-1-2019]
The following shall be the fee schedule for permits, applications
and services for the Board of Health:
|
Board of Health Fee Schedule
| ||
|---|---|---|
|
Type
|
Fee
| |
|
Food-service establishments:
| ||
|
0 to 149 seats
|
$250
| |
|
150 seats and over
|
$350
| |
|
(For nursing home facilities, seats shall equal beds.)
| ||
|
Residential kitchen
|
$150
| |
|
Retail food only
|
$200
| |
|
Retail (more than 5 registers), add:
|
$300
| |
|
Food service with retail food
|
$250
| |
|
Retail food with food service
|
$250
| |
|
Retail food limited
(prepackaged food not requiring refrigeration, excluding soft
drinks, occupying less than 50 square feet of retail space)
|
$100
| |
|
Caterer
|
$150
| |
|
Caterer (with food service establishment), add:
|
$50
| |
|
Mobile food/seasonal
|
$150
| |
|
One day/temporary
|
$50
| |
|
One day/temporary (nonprofit)
|
N/C
| |
|
One day/temporary, late charge
|
$25
| |
|
Frozen dessert machines, per plant
|
$75
| |
|
Food service/retail food reinspection
| ||
|
Fees for noncompliance:
| ||
|
1st reinspection
|
$—
| |
|
2nd reinspection
|
$200
| |
|
3rd reinspection
|
$300
| |
|
4th reinspection
|
Revocation of permit; establishment must reapply for permit
| |
|
Quarterly inspection order
|
Equal to annual permit fee
| |
|
Replacement/addition of food equipment without prior Board of
Health approval
|
$200
| |
|
Food establishment plan review
| ||
|
0 to 2,000 square feet
|
$200
| |
|
2,001 to 5,000 square feet
|
$300
| |
|
5,001 to 10,000 square feet
|
$400
| |
|
Over 10,000 square feet
|
$600
| |
|
Funeral directors
|
$100
| |
|
Hot tub permit
|
$100
| |
|
Housing:
| ||
|
Inspection for certification
|
$100
| |
|
Reinspection after compliance period, per inspection
|
$50
| |
|
Public pool permit
|
$100
| |
|
Bathing beach permit
|
$30
| |
|
Stable permit, private
|
$50
| |
|
Stable permit, public
|
$100
| |
|
Tanning facility
|
$150
| |
|
Tobacco permit
|
$200
| |
|
Trash hauler permit
|
$200
| |
|
Construction and demolition dumpster
| ||
|
Annual
|
$150
| |
|
Temporary
|
$25
| |
|
Well construction permit
|
$100
| |
|
Well destruction permit
|
$50
| |
|
Septage hauler permit
|
$200
| |
|
Body art establishment
|
$200
| |
|
Body art practitioner
|
$100
| |
|
Recreational camps for children
| ||
|
First week
|
$100
| |
|
Each additional week
|
+ $30
| |
|
Disposal works installer
| ||
|
Annual license fee
|
$150
| |
|
Minimum renewal fee
|
$25
| |
|
Percolation/deep-hole soils evaluation
| ||
|
New construction
|
$400
| |
|
Repair
|
$300
| |
|
Percolation test only
|
$250
| |
|
Deep-hole soils evaluation only
|
$250
| |
|
Plan review
| ||
|
First 2
|
$250
| |
|
Third and subsequent reviews, each review
|
$125
| |
|
Septic inspections
|
$400
| |
|
Retaining wall/clay barrier inspection
|
$100
| |
|
Percolation/plan review extension review
|
$150
| |
|
Subdivision review
|
Hourly rate + 20%
Minimum fee = $300
| |
|
Commercial testing, per site
|
$125 per hour
| |
|
Title 5 inspection report filing
(only when "Needs Further Evaluation by Local Approving Authority")
|
$140
| |
For purposes of noncriminal disposition under MGL c. 40, § 21D,
and the Northbridge Code of Bylaws, § 1-109A, any person
who violates any regulation adopted by the Board of Health pursuant
to MGL c. 111, § 31A, if not otherwise specified, shall
be subject to a penalty in the amount of $100 for the first offense,
$200 for the second offense, and $300 for the third and all subsequent
offenses in the same calendar year. Each day or portion thereof during
which a violation continues shall constitute a separate offense, and
each provision of the chapter, regulations or permit violated shall
constitute a separate offense.
If any section, paragraph, sentence, clause or phrase of these
rules and regulations is held invalid or unconstitutional by a court
of competent jurisdiction, such portion shall be deemed a separate
and distinct provision, and such decision shall not affect the validity
of the remaining portions of these regulations, which shall remain
in full force and effect, and to this end the provisions of these
rules and regulations are hereby declared severable.
[Added 2-2-2016, effective 2-15-2016]
A.
Purpose: The Northbridge Board of Health is responsible for the protection
of the public health and welfare in the Town of Northbridge. In an
effort to protect the public health in the Town, the following regulations
are promulgated.
B.
Authority: These regulations are promulgated pursuant to the authority
granted to the Northbridge Board of Health by MGL c. 111 that Boards
of Health may make reasonable health regulations.
C.
COMPONENTS OF THE SYSTEM
Definitions:
Shall mean any one of the following: a rotating drum, a biofilter,
a loading building, a discharge building, a leachate tank.
