environmental laws, regulations, practices, public safety ► chapter 17 © 2009 south-western,...

ENVIRONMENTAL LAWS, REGULATIONS,

PRACTICES, PUBLIC SAFETY ► CHAPTER 17

© 2009 South-Western, Cengage Learning

© 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

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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

© 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

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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