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BOARD OF HEALTH
CITY HALL
COMPLAINT RECORD
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MANAGEMENT COMPANY
June 7, 2004
Richard
Northampton Board of Health
Richard,
P.O. BOX 628
EASTHAMPTON,MA 01027
(413)527-1580
FAX(413)527-5000
At your request here is a report of the work done at 139 G Damon Road,
Northampton.
After the electricity was turned off for non-payment at 139-G Damon Road and tenant
made a payment. she called WMECO to remove the lock on the meter and restore her
power. Upon doing so the breaker was discovered to be faulty. A call came to our office
for a repair on Friday afternoon June 27. Autumn Management called electrician Dan
Whitely and requested a service call at that location. Tuesday morning June 1.
Whiteley's informed us the problem was taken care by replacing the bad breaker.At the
same time the smoke detectors were checked and found to be in working order.
A replacement lock on the main hallway door on the ground level has been ordered and
will be replaced in the very near future. If we do not receive the ordered lock in a timely
manner a lock smith will be called.
Autumn Management
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BOARD OF HEALTH
MEMBERS
DONNA C.SALLOOM,CHAIR
SUZANNE SMITH,M.D.
JOANNE LEVIN,M.D.
STAFF
Benjamin Wood,MPH
Director of Public Health
Patricia Abbott,R.N.,Public Health Nurse
Edmund Smith,Health Inspector
Daniel Wasiuk,Health Inspector
Heather McBride,Clerk
Richard Boyle
PO Box 628
Easthampton, MA 01027
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
OFFICE OF THE
BOARD OF HEALTH
NOTICE OF COMPLIANCE
212 MAIN STREET
NORTHAMPTON,MA 01060
Oft
Re: COMPLIANCE WITH ORDERS
Dear Mr. Boyle,
On March 10, 2011 , an initial Housing Inspection was made at the property located at 139 Damon
Road Unit I, owned or operated by you. Violations were observed and an enforcement letter with
correction orders was mailed to you on March 17, 2011.
A final re-inspection was conducted on _March 23, 2011_
All violations noted in the _March 17, 2011
enforcement letter were found to be corrected and therefore, please note that you have complied with
all of the correction orders issued in the inspection report.
This letter was signed under the pains and penalties of perjury. If you have any questions regarding
this matter, please contact me at my office.
Sincerely,
Edmund Smith, Health Inspector
Northampton Health Department
• BOARD OF HEALTH
MEMBERS
DONNA C.SALLOOM,CHAIR
SUZANNE SMITH,M.D.
JOANNE LEVIN,M.D.
STAFF
Benjamin Wood,MPH
Director of Public Health
Patricia Abbott,R.N.,Public Health Nurse
Javeria Mir,Health Inspector
Heather McBride,Clerk
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
OFFICE OF THE
BOARD OF HEALTH
212 MAIN STREET
NORTHAMPTON,MA 01060
ORDER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE "MINIMUM
STANDARDS FOR HUMAN HABITATION" AT: 139 I DAMON RD
This is an important legal document. It may effect your rights. You may
obtain a translation of this form at: 212 Main St, Northampton Ma
Isto a urn documento legal muito importante que podera afectar os seus
direitos. Podem adquirir uma tradgao deste documento de: 212 Main St,
Northampton Ma
Le suivante est un important document legal. II pourrait effecter vos
droits. Vous pouvez obtenir une traduction de cette forme a: 212 Main
St, Northampton Ma
Questo a un documento legale importante. Potrebbe avere effectto sui
suoi diritti. Lei pub ottenere una traduzione di questo modulo a: 212
Main St, Northampton Ma
Este es un documento legal importante. Puede que afecte sus direchos.
Ud. Puede adquirir una tradccibn de esta forma en: 212 Main St,
Northampton Ma
To jest wazne legalny dokument. To moze miec wplyw na twoje
uprawnienia. Mozesz uzyskac tlumaczenie teo dokumentu w ofisie: 212
Main St, Northampton Ma
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NORTHAMPTON BOARD OF HEALTH
City Hall, 212 Main Street
Northampton, MA 01060
Tel 4: (413) 587-1214
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BOARD OF HEALTH
MEMBERS
DONNA C.SALLOOM,CHAIR
SUZANNE SMITH,M.D.
JOANNE LEVIN,M.D.
STAFF
Benjamin Wood,MPH
Director of Public Health
Date: 3-10-11
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
OFFICE OF THE
BOARD OF HEALTH
212 MAIN STREET
NORTHAMPTON,MA 01060
By authority of Chapter II of the State Sanitary Code, as adopted under Chapter 111, Section 3 and I 27A and
127B of the Massachusetts General Laws, the Northampton Board of Health has conducted an inspection of
the dwelling named in the attached report, and found it to be in violation of the Minimum Standard of
Fitness for Human Habitation.A list of the violations is enclosed.
You are hereby ordered to begin necessary repairs,or contract in writing with a third party within five(5)
days (of the date on this letter), and to make a good faith effort to substantially correct within thirty(30)days,
as of the date of this letter, all violations recorded on the report.
You are further ordered to correct any violations followed by an asterix (*) within twenty-four hours of
receipt of this notice.These are violations or conditions, which endanger the health,or safety and well-being of
the occupant as determined by 105 CMR 410.750 of the Code or the authorized inspector.This may permit the
occupant to exercise one or more statutory remedies available to them as outlined in the enclosed inspection
form. A reinspection will be conducted, as indicated,to determine compliance.
You are entitled to a hearing, provided a written petition is received within seven (7) days.You are also
entitled to be represented by counsel, and have the right to inspect and obtain copies of all relevant reports,
orders and notices. Any adverse parties also have the right to appear at the hearing.
Every occupant shall give the owner, agent or employees,access, upon reasonable notice, for the purpose of
correcting these violations. (CMR.8l0)
Failure to comply with this order may result in a fine of not less than ten,nor more than five hundred
dollars; each day constituting a separate violation. It is your responsibility to provide proper workmanship
and to obtain the appropriate private permits where necessary.
Your immediate attention will be appreciated. If you have any questions,please contact this office.
Sincerely,
Ben Wood, MPH
Director,Northampton Health Department
Inspection Form
Northampton Board of Health, 212 Main St., Northampton,MA 01060,413.587.1214
SSC 105 CMR 410.000: Chapter II, Minimum Standards of Fitness for Human Habitation
Date: 3/10/11 Time: 10:00am
#Occupants: 2 #Children <6 Years
Address: 139 Damon Road Unit#I
City/Town: Northampton
Occupant Name: Joshua Fitzherbert
Phone#413364-9942
Owner Name: Richard Boyle Phone#
Owner Address: PO Box 628
City/Town: Easthampton Zip Code: 01027
#Dwelling/Rooming Units in Dwelling: 3
#Stories:2 Floor Level of Unit:2
#Sleeping Rooms:
#Habitable Rooms: 3
Inspector: Ben Wood
Title: Director
If violations are observed and checked, describe them fully on Page 3.
Area or
Element
Type of Violation
Use blank boxes for ones not listed
Possible
Code
Section(s)
hif
Violation
Observed
Responsible Party
Owner
Occupa
nt
Exterior,
Yard&
Porch
Locks
480
Posting, ID, Exit signs/emergency lights
481,483,484
Handrails, steps, doors windows, roof
500,501,503
Rubbish—storage and collection
600,601
Maintenance of Area
602
Common
Areas&
Entry
Light, windows
253,254,501
Egress
450.451,452
Handrails
503
Door
501
Interior Halls
&Stairs
Floors, walls ceilings
500
Hallways, railings, stairs
503
Light, windows
253,254,501
Bedroom 1
Location(circle): Front Rear Middle Left Middle Right Floor Level
of Unit
Ventilation
280
Ceiling height
401,402
Windows, screen
501,551
X
X
Wall
500
Bedroom 2
Location(circle): Front Rear Middle Left Middle Right Floor Level
of Unit
Ventilation
280
_.
Ceiling height
401,402
Windows,
501,551
screen
Bathroom
Toilet, sink, shower,tub, door
150
Smooth, impervious surfaces
150
Lights,outlets, ventilations
251.280
Floors/walls
504
Kitchen
Kitchen,
Sink, stove, oven; good repair, impervious and
smooth space refrig
10o
Lights, outlets, ventilation, windows, screens
251,280.501,
551
Ceiling height
401,402
Area or
Element
Type of Violation
Use blank boxes for ones not listed
Possible
Code
Section(s)
✓ff
Violation
Observed
Responsible Party
Owner
Occupa
nt
cont.
Floor
504
FloorsNJalls
500
Living room
and Dining
Room
Lights, outlets, ventilation
250,280
Ceiling height
401,402
Windows/screens
501,551
X
X
Ceiling condition
X
X
Sink
Basement
Maintenance
500
Watertight
500
Lighting
253
Water
Source(circle): Public Private
Must be potable
180
Quantity, pressure
180
Responsible for paying MGL ch 186 s 22, metering
354
Hot Water
Fuel Type(circle): Natural Gas Oil Electric Other Temp.: 56 °f Location
taken: Kitchen
Quantity, pressure, 110 F min, 130 max
190
Venting
202
Heating
Type(circle): Forced Hot Water Forced Hot Air Steam Electric
No portable units
200
"Habitable room and every room with toilet, shower,
tub"
201
• 68F 7 am to 11 pm,64F 11:01 pm to 6:59 am,
except 6/15-9/15
• 78 F max in heating season/measure 5 feet wall,5
feet floor
Venting, metering
202,354,355
Electrical
Type(circle): 110 220 Amp:
Amperage, temporary wiring, metering
250,255,256,
354
Drainage,
Plumbing
Type(circle): Public Private
Sanitary drainage required and maintained
300.351
Smoke&CO
Detectors
Required &operational
482
Emergency lights
Pests
Free of pests(rodents, skunks, cockroaches, insects)
550
Structural maintenance and elimination of harborage
550
Asbestos or
Lead Paint
353,502
Curtailment
620
Access
810
Other
Roof
X
X
Referral: DX Electric 0 Fire 0 Plumbing 0 Building 0 Other
This inspection report is signed and certified under the pains and penalties of perjury.
�d�
Inspector Signature:
Occupant or Occupants Representative Signature:
Reinspection Date: -3/14 and 4/8/11 Time:
Written description of any violation(s)checked above
Include Area or Element, code citation and a description of the condition(s)that constitute the violation. You may
include remedies that would be an acceptable means of achieving compliance with 105 CMR 410.000.
NOTE: `indicates that this housing inspection has revealed conditions which may endanger or materially impair the
health, safety, and well-being of any person(s)occupying the premises
Area/Element, Code Citation and Description of Violation
Acceptable Remedies
*
Living room/Bedroom Windows, (,501, .500 and .750), Evidence of chronic
dampness, structural deficiency
All windows need to be weathertight
so that exterior moisture is excluded
from the living space. Exterior of
windows properly caulked to exclude
moisture.All cracks/defects around
windows fixed.
Living room window facing street is
loose in its casing.Window needs to
be properly secured.
Window leaks may be compromising
electrical outlets/baseboard heating
thereby making this a violation of
410.750 and requiring repair within
24 hours of receipt of this notice.
Reinspection will occur on or
around 3/14/11
Roof, (.500), Shingles missing /
Replace shingles
Reinspection will occur on or
around 4/8/11
Living Room ceiling, (.500), cracks and evidence of chronic dampness
Cracks and moisture stains fixed.
Reinspection will occur on or
around 4/8/11
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THE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE LEGAL REMEDIES TENANTS MAY
USE IN ORDER TO GET HOUSING CODE VIOLATIONS CORRECTED.
1. Rent Withholding(General Laws Chapter 239 Section 8A).
If Code Violations Are Not Being Corrected you may be entitled to hold back your rent payment. You can do
this without being evicted if.:
A. You can prove that your dwelling unit or common areas contain 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 your rent.
B. You did not cause the violations and they can be repaired while you continue to live in the building.
C. You are prepared to pay any portion of the rent into court if a judge orders you to pay for it. (for this it is best
to put the rent money aside in a safe place.)
2. Repair and Deduct(General Laws Chapter 111 Section 127L).
This law sometimes allows you to use your rent money to make the repairs yourself. If your local code
enforcement agency certifies that there are code violations which endanger or materially impair your health,
safety or well-being and your landlord has received written notice of the violations, you may be able to use this
remedy. If the owner fails to begin necessary repairs (or enter into a written contract to have them made) within
five days after notice or to complete repairs within 14 days after notice you can use up to four months' rent in
any year to make the repairs.
3. Retaliatory Rent Increases or Eviction Prohibited (General Laws Chapter 186, Section 18 and Chapter 239
Section 2A).
The owner may not increase your rent or evict you in retaliation for making a complaint to your local code
enforcement agency about code violations. If the owner raises your rent or tries to evict within six months after
you have made the complaint he or she will have to show a good reason for the increase or eviction which is
unrelated to your complaint. You may be able to sue the landlord for damages if he or she tries this
4. Rent Receivership (General Laws Chapter 111 Sections 127C-H).
The occupants and/or the board of health may petition the District or Superior Court to allow rent to be paid into
court rather than to the owner. The court may then appoint a "receiver' who may spend as much of the rent
money as is needed to correct the violation. The receiver is not subject to a spending limitation of four months'
rent.
5. Search of Warranty of Habitability.
You may be entitled to sue your landlord to have all or some of your rent returned if your dwelling unit does net
meet minimum standards of habitability.
6. Unfair and Deceptive Practices(General Laws Chapter 93A)
Renting an apartment with code violations is a violation of the consumer protection act and regulations for
which you may sue an owner.
THE INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW, BEFORE YOU
DECIDE TO WITHHOLD YOUR RENT OR TAKE ANY LEGAL ACTION. IT IS ADVISABLE THAT
YOU CONSULT AN ATTORNEY, YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES
OFFICE WHICH IS:
Western Mass Legal Services Tel: 413-781-7814
One Monarch Place,Suite 400 I Springfield, MA 01144
Inspection Form
Northampton Board of Health, 212 Main St., Northampton, MA 01060,413-587-1214
SSC 105 CMR 410.000: Chapter II, Minimum Standards of Fitness for Human Habitation
Date: 3 10
Time:)0: #Occupants:al Children<6 Years
I
Possible
Code
Section(s)
Address:!
f31 j , { ,t Unit# j. City/Town:
Northampton
Occupant Name: Phone#
Owner Name: Phone#
Owner
Owner Address: City/Town: Zip Code:
Exterior,
Yard &
Porch
#Dwelling/ Rooming Units in Dwelling: #Stories:
Unit:
Floor Level of
#Sleeping Rooms: #Habitable Rooms:
Inspector: Title:
Posting, ID, Exit signs/emergency lights
If violations are observed and checked, describe them fully on Page 3.
Area or
Element
Type of Violation
Use blank boxes for ones not listed
Possible
Code
Section(s)
/if
Violation
Observed
Responsible Party
Owner
Occupa
nt
Exterior,
Yard &
Porch
Locks
480
Posting, ID, Exit signs/emergency lights
481,483,484
Handrails, steps, doors windows, roof
500,501,503
Rubbish—storage and collection
600,601
Maintenance of Area
602
Common
Areas &
Entry
Light,windows
253,254,501
Egress
450,451,452
Handrails
503
.--\S/
Door
501
Interior Halls
&Stairs
Floors, walls ceilings
500
Hallways, railings, stairs
503
t/
Light,windows
253,254,501
Gl
Bedroom 1
Location(circle): Front Rear Middle Left Middle Right Floor Level
of Unit
Ventilation
280
Ceiling height
401,402
Windows, screen
501,551
Wall
500
Bedroom 2
Location (circle): Front Rear Middle Left Middle Right Floor Level
of Unit
Ventilation
280
Ceiling height
401,402
Windows, screen
501,551
Bathroom
Toilet, sink, shower, tub, door
150
Smooth, impervious surfaces
150
Area or
Element
Type of Violation
Use blank boxes for ones not listed
Possible
Code
Section(s)
,lif
Violation
Observed
Responsible Party
Owner
Occupa
nt
Lights, outlets, ventilations
251,280
Floors/walls
504
Kitchen
Kitchen,
cont.
Sink, stove, oven; good repair, impervious and
smooth, space refrig
100
Lights, outlets, ventilation, windows, screens
251,280,501,
551
Ceiling height
401,402
Floor
504
Floors/Walls
500
Living room
and Dining
Room
Lights, outlets,ventilation
250,280
Ceiling height
401,402
Windows/screens
501,551
Y
G'
Ceiling condition
G
Sink
Basement
Maintenance
500
Watertight
500
Lighting
253
Water
Source(circle): Public Private
Must be potable
180
Quantity, pressure
180
Responsible for paying MGL ch 186 s 22, metering
354
Hot Water
Fuel Type(circle): Natural Gas Oil Electric Other Temp.: 56 °f Location
taken: Kitchen
Quantity, pressure, 110 F min, 130 max
190
Venting
202
Heating
Type(circle): Forced Hot Water Forced Hot Air
Steam Electric
No portable units
200
"Habitable room and every room with toilet, shower,
tub"
201
• 68 F7 am to 11 pm,64F 11:01 pm to 6:59 am,
except 6/15-9/15
• 78 F max in heating season/measure 5 feet wall,5
feet floor
Venting, metering
202,354,355
Electrical
Type(circle): 110 220 Amp:
Amperage,temporary wiring, metering
250,255.256,
354
Drainage,
Plumbing
Type(circle): Public Private
Sanitary drainage required and maintained
300,351
Smoke &CO
Detectors
Required &operational
482
Emergency lights
Area or
Element
Type of Violation
Use blank boxes for ones not listed
Possible
Code
Section(s)
✓if
Violation
Observed
Responsible Party
Owner
Occupa
nt
Pests
Free of pests (rodents, skunks, cockroaches, insects)
550
Structural maintenance and elimination of harborage
550
Asbestos or
Lead Paint
353,502
Curtailment
620
Access
810
Other
Referral:
0 Electric 0 Fire
0 Plumbing 0 Building 0 Other
This inspection report is signed and certified under the pains and penalties of perjury.
Inspector Signature:
Occupant or Occupant's Representative Signature:
Reinspection Date:
Time:
, Sao
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BOARD OF HEALTH
MEMBERS
DONNA C.SALLOOM,CHAIR
SUZANNE SMITH,M.D.
JOANNE LEVIN,M.D.
Benjamin Wood,MPH,Director
Patricia Abbott,RN,Public Health Nurse
Daniel Wasiuk,Health Inspector
Heather McBride,Clerk
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
OFFICE OF THE
BOARD OF HEALTH
(413)587-1214
FAX(413)587-1221
212 MAIN STREET
NORTHAMPTON,MA 01060
3-16-11
Richard Boyle
PO Box 628
Easthampton,MA 01060
Mr. Boyle,
A re-inspection was made at 139 Damon Road Unit I on 3/16/11 to check for compliance with the
initial code violations detailed in the Order to Correct dated 3/10/11. While there was no water
coming into the unit at the time of inspection(and it was raining at this time)the work completed does
not appear to be done in a manner that will hold over time.Please be advised of the section of the state
sanitary code below.
"It shall also mean correcting any violations of 105 CMR 410.000 in a work-personlike fashion and
restoring all parts of the dwelling,or unit thereof,to the condition they were in before occurrence of
any such violations."
I am writing this to let you know that while the immediate issue of water coming through the windows
appears to have been rectified that the work does not meet the"work-personlike fashion"standard.
Please be advised that if water does leak through the windows prior to the final re-inspection
scheduled for 4/8/11 that fines may be levied.Please also be aware that all cracks around the
windows,interior and exterior, should be sealed prior to the final re-inspection.
cooperation.
Ben Wood,MPH
Director,Northampton Health Department
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