[HISTORY: Adopted by the Board of Health of the Town of Wakefield 9-13-1984.
Amendments noted where applicable.]
By virtue of the authority granted to the Board of Health of the Town
of Wakefield under the provisions of MGL c. 111, § 31C, the following
regulations pertaining to abrasive blasting of paint from any interior or
exterior surfaces of any structures within the Town of Wakefield are hereby
promulgated.
A permit is required for removal of paint by abrasive blasting from
any interior or exterior surfaces of any structure within the Town of Wakefield.
Such permit shall be granted, in writing, to the owner of the structure by
the Board of Health only upon the following general terms and conditions and
subject to such special terms and conditions as the Board of Health shall
find necessary to protect the public health and welfare.
Application for permit shall be in writing, on a form provided or specified
by the Board of Health. Such application shall indicate test results for lead
content done by a laboratory approved by the Board of Health.
Exterior blasting in the absence of lead is allowed only under the following
conditions:
A.
Such blasting operations shall be sufficiently shrouded
to prevent particulate matter from entering the ambient air space, to prevent
visible emissions beyond the vertically extended property line, to prevent
public exposure to particulates and to prevent deposition of particulate matter
upon public and other private property.
B.
There shall be no abrasive blasting whatsoever if the
wind velocity exceeds twenty (20) miles per hour.
C.
Enclosure(s) shall not be removed until all external
surfaces, including the ground in the vicinity, are thoroughly cleaned of
all loose material attributable to the abrasive blasting operation.
Interior blasting in the absence of lead paint is allowed only under
the following conditions:
A.
All doors, windows or any openings to the ambient air
space must be sealed and/or shrouded to prevent particulates from entering
the ambient air space, to prevent visible emissions beyond the vertically
extended property line, to prevent public exposure to particulates and to
prevent deposition of particulate matter upon public and other private property.
B.
All doors, joints cracks and other openings adjacent
to occupied offices or apartments shall be caulked or otherwise sealed to
prevent dust from entering said areas.
C.
All openings to the ambient air space must remain sealed
and/or shrouded during cleanup of abrasive and abraded materials, and a covered
chute with water spray must be used if said materials are deposited from the
building to a receptacle below to prevent particulates from entering the ambient
air space.
The permit shall be displayed in a conspicuous location during the abrasive
blasting operation.
The permittee shall notify the Board of Health of the starting date
of abrasive blasting operation.
There shall be a complete cleanup of all removed paint, dust particles
and/or abrasive materials within two (2) hours of operation shutdown every
day.
The Board of Health, upon its own initiative or upon application to
it by any person, after due notice and public hearing, may vary any provision
of these regulations as it may deem necessary with respect to any particular
case when, in its opinion, the enforcement thereof would do manifest injustice
or cause undue hardships, provided that the decision of the Board shall not
conflict with the spirit of these regulations. The burden of proof of the
manifest injustice or causes of hardship shall be the responsibility of the
applicant.
A.
The permittee is responsible for compliance with all
conditions and terms stated herein.
B.
Whoever violates this regulation shall be punished, for
the first offense, by a fine of not less than fifty dollars ($50.) nor more
than one hundred dollars ($100.) and, for a subsequent offense, by a fine
of not less than two hundred dollars ($200.) nor more than five hundred dollars
($500.). For the purpose of this subsection, each day or part thereof of violation
of this regulation, whether such violation shall be continuous or intermittent,
shall be construed as a separate and succeeding offense.
C.
Any of the following conditions shall be prima facie
evidence of violation of this regulation:
(1)
Visible emission of particulate matter beyond the vertically
extended property line of the owner of the property on which abrasive blasting
is permitted.
(2)
Deposition of visible amounts of particulate matter upon
public or other private property.
(3)
Failure to obtain express written permission from the
Board of Health to engage in an abrasive blasting operation or engaging in
an abrasive blasting operation after denial of such permission.
