2022-11-15-BOH-min - Laserfiche WebLink

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4 for remediating the issues going on at Ms. McKenna’s apartment. That's a question that needs to be brought before the court between Ms. Mckenna and the Condo Association. Dr. Heiger-Bernays stated given this situation, the Board would move to instruct the Health Department staff to conduct the inspection, if Ms. McKenna requests, at the dwelling of 5 April Lane Unit 11, and determine if there is a violation of 105 CMR410. Ms. Lee agreed this is an option for the Board of Health tonight. Ms. McKenna requested an inspection. Dr. Heiger-Bernays made a motion to approve that the Director of Public Health instruct the Health Department staff to conduct an inspection of the dwelling at 5 April Lane, apartment 11 and determine if there is a violation of 105 CMR410. Ms. Wolf-Fordham seconded. Roll Call Vote: Dr. Perlmutter – Yes, Dr. Tung – Yes, Dr. Geller – Yes, Ms. Wolf- Fordham – Yes, Dr. Heiger-Bernays – Yes. Motion carried 5 to 0. All in favor. Unanimously moved. Ms. McCartin inquired whether the full inspection of CMR410 means an entire Article II housing code inspection? Ms. Lee stated, given that Ms. McKenna said this is a plumbing problem that she sees, in order to answer the question whether or not there is a sanitary code violation relating to the suds with the toilet and her bathroom, the inspection should be limited to plumbing issues. Ms. McKenna stated her request would be both the plumbing code as well as the element of the chronic dampness and would like to see that captured in the inspection. Ms. Lee inquired about whether the issue of dampness is limited to the patio or is that the dampness that discovered in 2021, which Health Department staff were drawn into, was primarily at the property of 5 April Lane, Unit 11. Ms. McKenna stated her understanding is there should be a comprehensive inspection done. Ms. Lee suggested Ms. McKenna should request an inspection from Health Department separately, outside of this motion, for the Board to instruct the Health Department. Ms. McKenna stated she inquired about a comprehensive inspection. Dr. Heiger-Bernays stated the patio, which is uninhabitable area, is out of jurisdiction. If the request is for a comprehensive inspection of the inhabitable area, the Board will discuss this issue restricted to the plumbing, or a comprehensive inspection. Dr. Perlmutter stated the inspection could be regarding the facts of the problems of plumbing and determining whether they are being a problem and the other issue can be addressed separately at a future date since we are discussing the major issue of being habitable space. Dr. Tung stated it would be difficult to address the question of dampness on the patio, which is not a habitable area. Dr. Heiger-Bernays stated the Board has agreed that there needs to be an inspection. A comprehensive inspection would either identify this potential code violation, or could identify other things for which owner is now responsible. So what it will do is open up the potential for Ms. McKenna to be responsible for correcting other things as well.