ENVIRONMENTAL LAWS, REGULATIONS, PRACTICES, PUBLIC SAFETY ► CHAPTER 17 © 2009 South-Western, Cengage Learning

 friable versus non-friable  identification requires licensed inspector  removal and transport

© 2009 South-Western, Cengage Learning Nicole’s Law (11/05) all dwelling units with fossil-fuel burning or attached garage exceptions for detectors source of CO inspection – fire chief – upon sale or transfer rental dwelling units – landlord requirements

© 2009 South-Western, Cengage Learning open space + affordable housing + historic preservation  minimum 10% for each of 3 uses

© 2009 South-Western, Cengage Learning  lead detection only by testing  private wells – local regulation  bottled water – regulated as a food

© 2009 South-Western, Cengage Learning  street address required

© 2009 South-Western, Cengage Learning  Massachusetts Contingency Plan (MCP)  Brownfields Act  Licensed Site Professionals (LSP)  21E Report

© 2009 South-Western, Cengage Learning  national  state  public  private

© 2009 South-Western, Cengage Learning paint, varnish or stain Massachusetts first in nation and leader only children under six years of age prior to 1978 deleading or encapsulation vacation property different requirements

© 2009 South-Western, Cengage Learning mouthable surfaces licensed professionals required Letter of Compliance vs. Letter of Interim Control discrimination against children financial assistance insurance policies

© 2009 South-Western, Cengage Learning  prior to signing purchase and sale agreement  property transfer notification certification  property transfer lead paint notification (10 pps)  10-day right of inspection  required deleading or encapsulation within 90 days

© 2009 South-Western, Cengage Learning

vacation rentals of 31 days or less within 1 year inspection annually by landlord or licensee agent exempt from most lead-paint requirements short-term vacation rental exemption notification forms may be incorporated in preprinted lease licensee must verbally discuss with prospective tenant 30-day inspection period remediation responsibility of landlord

© 2009 South-Western, Cengage Learning  What is mold?  no mold disclosure laws  licensee should heighten awareness

© 2009 South-Western, Cengage Learning  What is radon?  no radon disclosure laws  testing should be recommended  old and new homes

© 2009 South-Western, Cengage Learning  jurisdiction of planning board

© 2009 South-Western, Cengage Learning  inspection – fire chief – upon sale or transfer  requirements defined in building code

© 2009 South-Western, Cengage Learning state law – minimal law - local enforcement designed by licensed professional engineer pipe from... septic tank, distribution box, leaching field proper maintenance cesspools – legal until failure alternative technologies inspection within two years prior to sale or transfer six month after sale inspection may be OK

© 2009 South-Western, Cengage Learning inspection qualifies only for time of inspection only state approved inspectors voluntary inspections required inspections source of funding and tax benefits

© 2009 South-Western, Cengage Learning  permits from local fire department  removal of unused UST  notification required since 1990  notification exceptions  residential UST  commercial UST  10,000 gallon tanks

© 2009 South-Western, Cengage Learning banned in 1979 no longer a public health threat no disclosure requirement no liability for failure to disclose

© 2009 South-Western, Cengage Learning  Public Trust Doctrine  Massachusetts Public Waterfront Act  Wetlands Protection Act  Rivers Protection Act

KEY TERMS © 2009 South-Western, Cengage Learning 21E report Absolute Dominion Rule Brownfields Act carbon monoxide cesspool Community Preservation Act deleading encapsulation fossil fuel friable land bank licensed site professional Massachusetts Contingency Plan mouthable surface Nicole’s Law non-friable Public Trust Doctrine Title 5 UFFI underground storage tank vacation rentals