environmental laws, regulations, practices, public safety ► chapter 17 © 2009 south-western,...
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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
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lead detection only by testing
private wells – local regulation
bottled water – regulated as a food
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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
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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