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59 Complaints & Letters Name of Complainant Address BOARD OF HEALTH CITY HALL COMPLAINT RECORD m 32A Zr3 Date 1-3431 Time )/ 6 Nature of Complaint /- eaR a 04.3 -44AL1-'fria'r Location of Premises Owner 5? PP/Pr t.FS-/ '"FfKX 2(fi- MO/KNAMPTdA' ca,-FR Pet cHu.FEN+FeMmreS,SNc Address 9 b P7171,P/Zv/ 7Z �' ,Ani.-127,/7°N. 469 omc n Occupant Taken by CAf'L crvi /`,S - <dr 1t DLr( .K Referred ter-- /� sp Date of inspection //618! Time ; '5 r^M, INSPECTOR'S REPORT 402r-c: / 74-Pen---,� f-2 hTic_ u//16 //9 fo r omrl'rr .v,v. 0NRRmO 99)291491 •/ "^o r re SE-Ve aarru7C Action Taken N*9-,o✓2 Prie I-197 A 1/4`i • F'::'Jr Fo7E< • 44 _ Ray(n t&rzi/ �fJw r n/e4a LreM a.-e; I z - 0.774 Ei--rNs. Pt--S rr1 /qs-r9c€g rr.RSAVi -• Cr5'l G a•F G 5 P-((h 4v7 3-.1; G', exm,=s,- 3./(5{✓') v- F 72"r' et FEOILOM/ tt 1 • 77 r L.. 9-99722-;7 .%'%l Inspe c BOARD OF HEALTH CITY OF NORTHAMPTON el T.JOYCE.Chairman MASSACHUSETTS 01060 rER C.MINT 11D. CHAEL R.PARSONS OFFICE OF THE TER J.NcEB1.AD7 Health Agent BOARD OF HEALTH 210 MAUI STREET 01060 (413)528-6950 Ext.213 ORDER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE "MIMIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AT Harland House , 59 Pomeroy Terrace, Northampton, MA 01060 DATE: January 10 , 1989 • ORDER ADDRESSED TO: Northampton Center for Children & Families 78 Pomeroy Terrace Northampton , MA 01060 COPIES OF REPORT TO Charles V. Rudnik , District Sanitarian Regional Health Office , 23 Service Center Northampton, MA 01060 This is an important legal document . It may affect your rights . You may obtain a translation of this form at: Isto a um documento legal muito importante que podera afectar os seus direitos . Podem adquirir uma tradgao deste documento de : Le suivante est un important document legal. I1 pourrait affecter vos droits. Vous pouvez obtenir une traduction de cette forme a: Questo a un documento legale importante. Potrebbe avere effectto sui suoi diritti. Lei pub ottenere una traduzione di questo modulo a: Este es un documento legal importante. Puede que afecte sus direchos . Ud. Puede adquirir una traduction de esta forma en: To jest wazne legalny dokument. To moze miec wplyw na twoje uprawnienia. Mozesz uzyskac tlumaczenie teo dokumentu w ofisie: Northampton Board of Health City Hall , 210 Main Street Northampton, MA 01060 Tel 4s ( 413 ) 586-6950 x214 The Northampton Board of Health has inspected the premises at 59 Pomeroy Terrace , Northampton (assessor's map 32A parcel 203 . ) , for compliance with Chapter II of The State Sanitary Code. This letter will certify that the inspections revealed violations listed below, which are serious enough as to endanger or materially impair the health , safety, and well-being of the occupants . Under authority of Chapter III , Section 127 of the Massachusetts General Laws , and Chapter II of the State Sanitary Code, . you are hereby ordered to make a good faith effort to correct the following violations within TWENTY-FOUR HOURS of the receipt of this order: EGULATION . VIOLATION 410 . 201 Inadequate temperature being maintained in this residential unit throughout the ist floor. The following temp. readings were taken at the time of in- spection: . Front Foyer 63 °F . Dining Room 59°F . Kitchen 62 °F . Living Room 65 °F (Quartz heater in use at time in living room ) • Middle Office 63 °F ▪ Reading Room ( Side) 61 °F . Bedroom #1(Right) 70°F . Bedroom #2(Right) 72 °F . Bedroom #3(End Hall) 70°F . Bedroom #4(Left) 71 °F REMEDY Take whatever action is need- ed to repair heating system or heating facilities so that approved temperatures can be maintained in all habitable rooms of this residential dwelling . Temperature requirements under CMR 410. 201 are as follows: The owner shall supply heat in every habitable room and every room contain- ing a toilet , shower, or bathtub to at least 68 °F between 7 :00 a.m. and 11 :00 p.m. and at least 64°F between 11 :01 p.m. and 6 : 59 a.m. every day other than during the period from June 15th to September 25th,both inclu- sive , in every year. t must be noted that there is only one thermostat for the entire dwelling. his thermostat, located in the 1st floor living room, was set at the high- st heating level at the time of inspection. The most serious problem with he present heating system occurs in the evening and throughout the night hen staff must lower the thermostat to reduce temperatures in the upstairs edrooms so that children can sleep. When this is done, the downstairs ooms become frigid due to a lack of heat . lease advise the Board of Health , in writincr , as to what actiod wi11 be alien to correct this violation in an eedieet manner . iavid E . I iochan lanitary Inspector iorthampton Board of Health IERTIFIED MAIL p 688 859 772 rthampton Center for Children and Families, Inc. 78 Pomeroy Terrace Northampton, MA.01060 (413) 584-1310 TO: Andrew Phillips, DMH District Director Mark Refowitz, DMH District Operations Director Floyd Ashlaw, Franklin/Hampshire Area Childrens Director FROM: Carl Cutchins Ctmg RE: Harland House Board of Health Violations DATED: January 11, 1989 Enclosed please find a copy of the Northampton Board of Health "Order to Correct Violations of Chapter II of the State Sanitary Code 'Minimum Standards of Fitness for Human Habitation. ' for Harland House, 59 Pomeroy Terrace, Northampton, dated January 10 , 1989. NCCF is being "ordered to make a good faith effort to correct the . . . violations within twenty-four hours of receipt of this notice. " Notice was received by NCCF on January 11, 1989. On January 11, 1989, I discussed this violation with David Kochan, Sanitary Inspector for the Northampton Board of Health. I informed him that NCCF is a "tenant" of the building and that the Commonwealth is the "landlord", as it owns the residence. We agreed that NCCF' s "good faith effort" would be to immediately notify the DMH of the health violations and work cooperatively and diligently with both DMH and the Board of Health to rectify this problem as soon as possible. Thus, this notification to you. We are all aware that this is not a new problem. Each of us has worked hard to take corrective action on this problem over the past several years. I find it somewhat ironic that as it appears that DCPO is actually about to do the renovations to the Center ' s buildings, this order comes down. I do not know if the Board of Health will delay taking action (e.g. closing the residence) until DCPO does the renovations. DMH may very well have to do "emergency repairs" to the building so that NCCF can continue to operate this residence. NCCF is prepared to work closely with DMH in responding to this crisis. Please notify me of what you believe the Center can do to expedite a resolution to this problem. Thank you for your assistance and cooperation. CBC/aw cc: David Kochan, Northampton Board of Health Enclosed OF HEALTH (YOE.Chairman MINE M.D B.PARSONS 6cERLAIN.Health Agent CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH CCODER"MIIMIMUM CORRECT STANDARDSVIOLATIONS FITNESS OF THE E ATahITARY Harland House 59 Pomeroy Terrace,. NortbaMPtoni MA, OlO60___ DATE: January 10 ,_190__ ORDER ADDRESSED TO: Northampton Center for Children & Families 78 Pomeroc Terrace . CorthamPton , MA 010.60_ ._ COPIES OF REPORT TO Charles % . Rudnih , District Sanitarian Regional Healtnflffrcii, .(23 Service Center Northanmpton ,_ MA 01060. 210 MAIN STREET 01060 (413)5964950 Ea.213 This is an important legal document. It may affect your rights . You may obtain a translation of this form at : Isto e um documento legal muito ImporOnte yue modern afectar os seus direitos . Podem adguirir uma tradcac deste documento de : Le su icante est un importa°: document. legal . I1 pourrait affecter vos droits . sous pouaez obten , r ime traduction de _ °tLe forme a : Questo e un documento sui snel dlritt. i . Le modulo a : Este dire es impor taste . pup ot.terse re una lNie ,rebbe avere effectto _raauzione di tluesta 1 importante . Pueae 4ue afecte sus r a Lraducc p .lest aa:IDe irrr attic nt , mcae sue urat;:,i eai a. Pro wee_ i._. :F. tLuu c ..e n3e ieo do forma en: ,. na ttttte ofisi e : 'he Northampton Board of Health has inspected the premises at32A 59 Pomeroy Terrace , Northampton ( assessor' s map )arcel 203 . ) , for compliance with Chapter I1 of The State ianitary Code. This letter will certify that the inspections revealed violations listed below, which are serious enough as to endanger or materially impair the health, safety , and well-being of the occupants . Under authority of Chapter III , Section 127 of the Massachusetts General Laws , and Chapter II of the State Sanitary Code , you are hereby ordered to make a good faith effort to correct the following violations within TWENTY-FOUR (HOURS of the receipt of this order : .AT ION 201 Inadequate temperature being maintained in this residential unit throughout the ist floor . The following temp. readings were taken at the time of in- spection : 63 `F Front Foyer Dining Room 59 'E Kitchen 62 `F Living Room 65 'F (Quartz heater in use at time in living room. ) Middle Office Reading Room ( Side161 "F VIOLATlQti REMEDY • • • • • • Bedroom • Bedroom . Bedroom . Bedroom r1 ( Right ) 70 - i 82 ( Right ) 72 - F =3( End fail170 F r4 ( Left ) 71 -F Take whatever action is need- ed to repair heating system or heating facilities so that approved temperatures can be maintained in all habitable rooms of this residential dwelling . perature requirements under CMR 410 . 201 are as fellows : room contai owner shall supply heat in every habitable room and every a toilet , s hower , or bathtub to at least 68 - F between 7 : 00 a.m. and 00 p.m. and at least 64 ` F between 11 : 01 p.m. and 6 : 59 a .m. every day ,er than during the period from June 15th to September 251N ,both inclu- e , in every year. ;t be noted that there is only one thermostat for the entire dwelling. .hermostat , located in the 1st floor living room, was set at the high- ating level at the time of inspection. The most serious problem with 7esent heating system occurs in the evening and throughout the night staff must lower the thermostat to reduce temperatures in the upstairs Dms so that children can sleep. When this is done , the downstairs become frigid due to a lack of heat. e advise the Board of Health , in writing, as to what action will be to correct this violation in an e�:pedient manner . I H . Kochan :arc Inspector Campton Board of Health IFlED MAIL = P 688 .8.59. 772 .LOWING HOUSING ISOAEBRIEFASIMMARYOOFESOME;OF THE LEGAL REMEDIES TENANTS MAY USE ZIT WI'ffiiOIDING (GENERAL LAWS CHAPTER 239, SECTION 8A) E Code Violations Are Not Being Corrected you may be entitled to hold back your rent 3. You can do this without being evicted if: ▪ You can prove that your dwelling unit or common areas contain code violations which are serious enough to endanger or materially impair your health or safety and that your landlord knew about the violations before you were behind in rent. • You did not cause the violations and they can be repaired while you continue to live in the building or apartment. You are prepared to pay any portion of the rent into court if a judge orders you to pay it. (For this it is best to put the rent Honey aside in a safe place.) :EPAIR AND DECOCT (GENERAL LAWS .CHAPTER 111, SECTION 127L). he law sometimes allows you to use your rent money to make the repairs yourself If Kcal code enforcement agency certifies that there are code violations which seriously ar or materially impair your health, safety or well-being and your landlord thasre-r re- written notice of the violations, you may be able to use this remedy to begin necessary repairs (or to enter into a written contract to have them made) with- __ days after notice or to complete repairs within fourteen days after the notice you can to four months' rent in any one year to make the repairs. LAWS � 186, SECTION 18 RETALIATORY RENT INCREASES OR EVICTIONS PRO 1B114a) (GENERAL AND CHAPTER 239, SECTION 2A). The owner may not increase your rent or evict you in retaliation for making a complaint r local enforcement agency about code violations. If the owner raises your rent or to evict within six months after you have made the complaint he or she will llihave You to good reason for the increase or eviction which is unrelated to your comp able to sue the landlord for damages if he or she tried this. RENT RECEIVERSHIP (GENERAL LAWS CHAPTER 111, SECPIOLS C - H). The occupants and/or the Board of Health may petition the District or Superior Court to rent to be paid into court rather than to the owner. The court may then appoint a Mier" who may spend as much of the rent money as is needed to correct the violation(s). eceiver is not subject to a spending limitation of four months' rent. BREACH OF willowy OR HABITABILITY. You may be entitled to sue your landlord to have all or some of your rent returned if dwelling unit does not meet minim= standards of human habitability. UNFAIR AND DECEPTIVE PRACTICES ( 2� L LAWS CIERWTER 934). Renting an apartment with code violations is a violation of the Consumer Protection and ations for which you may sue an owner. INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW. BEFORE YOU DE- ULT ANT ATTORNEY. IFR YOU RCANNOT AFFORD ETOLCONSULT AN ATTORNEY, YOU SHOULD ACT THE NEAREST LEGAL SERVICES OFFICE WHICH IS: WESTERN MASSACHUSETTS LEGAL SERVICES (NAME) 28 CENTER STREET, NORTHAMPTON, MA 01060 (ADDRESS) 584 - 4034 (TELEPHONE NUMBER) r sten Director 48 puntr The Commonwealth of Massachusetts Department of Mental Health, Franklin/Hampshire Area Office One Roundhouse Plaza,Northampton, MA 01060 January 13 , 1989 Mr . David Kochan , Sanitary Inspector Northampton Board of Health City Hall , Main Street Northampton , MA 01060 Dear Mr . Kochan : RE : NCCF : Harland House 59 Pomeroy Terrace Code : 410-201 Violation I appreciate receiving a copy of your violation notice around "inadequate temperature" in Harland House at Northampton Center for Children and Families , Inc . (NCCF) . I need not go into the details of the efforts NCCF and Children ' s /Adolescent Mental Health Services , DMH , have made over the past three years to get much needed renova- tions completed on the whole NCCF facility . I know that Mr . Cutchins and Mr . Kocot of Representative Nagle ' s office have spoken with you about the history of this problem. I do want to briefly outline for you what efforts will be made to remedy the problem on a short-term , as well as long-term basis . Short-term it appears that the only "quick" solution is to provide new electrical service to the house which is sufficient to support the operation of reCoonty electric heat throughout the downstairs . It is our hope that this will provide a short-term solution to proper 1J heat for the downstairs part of the house on a temporary 1(111 basis . I would say that we can make a good faith effort to have this accomplished within the next week to ten days . We are pursuing emergency approval , based on a health and safety issue/violation , to be able out of a Franklin/Hamp- shire area account to fund the necessary work for a short- pros term resolution . In addition , we have arranged for an engineer from DM11 central office in Boston to come to ,plan NCCF on Tuesday , January 17 , 1989 , to visit Harland House burg to see what other short-term measures he might suggest to °" address the problem. Mr . Cutchins and I are planning to meet with Mr . McCullough on that day to see how he can terC'ounty help . Our main questions for him will focus around what can be done to the house to allow for properly distributed am heat which reaches all parts of the house equally and ton va efficiently . An Affirmative Action-Equal Opportunity Employer Long-term we can only hope that DCPO will move immediately to have the chosen contractor initiate the needed renovations . It to would seem to me that we need a good a ffaith H effort frose DCPOm toia[ely •effort from begin some of the inside work , such Any support which you reciated . DMH will facilitate be pursuing an effort with would be greatly app our central office to have DCPO put this project on a "fast track' given the short and long-term concerns with the needed renovations . Please feel free to contact me if you have any questions or further concerns . Sincerely , f�^ �cO��cu/ilcily' Floyd Ashlaw , Director Children ' s /Adolescent Mental Health Services FA/bjn cc : Andrew Phillips Elaine Kersten Jose Tosado Carl Cutchins e rs t en Director 48 ,anty ire County Von rid pion tm] Id rnpmn shurg nptr,n ster County mm stun to The Commonwealth of Massachusetts Department of Mental Health, Franklin/Hampshire Area Office One Roundhouse Plaza,Northampton,MA 01060 January 30, 1989 David E . Kochan , Sanitary Inspector Northampton Board of Health City Hall , 210 Northampton , Dear Mr . Kochan : I nu writing in follow-up ith M r .[McElrainepfrome your department January 27 ,him , a , in regard to the problems we I updated me at that t eff , g have encountered in our efforts to remedy the heat situa- tion in Harland House , NCCF . Rather than to take space here, please talk to Mr . McErlain about my Currently , NCCF has done a few things to raise the down- stairs upm sor that the heat is functioning v constant the and boiler up at a higher water temperature . A reading [a en on fairly cold morning found the downstairs too u be r 650 . improve- Certainly , this doesn ' t meet the minimum, being sure doors are closed tightly , windows are shut , storm windows remain closed , Mr . Cutchins , Executive Director , and I I will be exploring the feasibility of suggestions McErlain on January 27 , 1989 . We will attempt to utilize the - some variable speed fans placed heatn back down tos the first floor etc . ) p ush some floor .. Mr . Cutchi ns will be exploring the idea of using ceramic furnaces as suggested by Mr . McErlain . The only concern there is whether they might be categorized as space heaters and therefore , be unacceptable to the fire inspector . Finally , I want to inform you that a major renovation of the entire NCCF facility , including Harland House , is of tt to get started .myself The and Representative Williamt tee of lee Area Board , process to get much Nagle , three years ago initiated a p needed repairs to all the NCCF buildings . Representative Nagle had money allocated specifically for the renovation and repair of these sate buildings . ortnately , the wheels on this typ e A n Affirmative Action-Equal Opportunity Employer - 2 grind very slowly . However , we have just been informed that DCPO has selected a contractor for the entire project . It is our understanding from DCPO as well as DMH central office that Garland Contractors has been awarded the project . It is also understood that a project kick-off meeting will be held within the next two to three weeks with actual work to begin shortly thereafter . This will be the culmination of three years of hard work to get needed renovations /repairs done at NCCF . Mr . Cutchins and I intend to make Harland House a priority where work must start immediately . Representative Nagle and Senator Olver will be attempting to speed-up the actual start date for work to commence . It would appear now that the worst case scenario would be for a kick-off meeting to occur in two to three weeks and work to start around three weeks after that meeting . We sincerely hope that the pressure everyone is bringing to bear on DCPO , DMH central office - Facilities Management , etc . , will speed things up by at least a few uceks . Once work is to start , we have identified Harland House to be a first priority . Original plans for DCPO work include major reno- vations to Harland including insulation , replacing windows , signi- ficant modifications including zoned heating , additional circula- tion pumps , additional thermostats , etc . all of which should rectify the heating problems that exist now. We are just short of realizing the start of a very important project to improve the conditions of the buildings throughout the facility . Let us collectively hope that things will move rapidly and without any hitches . Mr . Cutchins and I will keep you informed of any temporary solutions we try , as well as progress on the long- term DCPO project . Thank you for your patience , assistance with and understanding of our good faith efforts to alleviate the heating problems in Harland House . Sincerely , "' Floyd H . Ashlaw, M. S . W. , LICSW Director , Children ' s /Adolescent Mental Health Services FHA/b jn cc : E . Reardon R . Fusco E . Kersten D . McLaughlin C . Cutchins