Loading...
There shall be in the City, a Department known as the Inspectional Services Department, which shall be under the charge of an Officer known as the Commissioner, appointed by the Mayor, who shall have the powers and perform the duties imposed upon him or her by law, and who shall be compensated as an Officer within Category II of Subsection 5-5.10. The Inspectional Services Department shall have and exercise all of the duties imposed upon it by law including, but not limited to, the duties formerly held and exercised by the Building Commissioner, the Housing Inspection Commissioner and any other Commissioner or Department whose duties were transferred to the Inspectional Services Department by prior amendments of this code. The Commissioner shall prepare and keep current a statement of the organization of the Department, including the assignment of functions to the various Offices and employees.
(Ord. 1981 c. 19; CBC 1985 9-9.1; Ord. 1994 c. 1 § 1; Ord. 1995 c. 8 § 2; Ord. 2018 c. 6 § 7)
9-9.2—9-9.3 Reserved.
[Reserved]
Editor’s note:
Former Subsections 9-9.2, Commissioner and 9-9.3, Joint Appointment, previously codified herein and containing portions of Ordinance Nos. 1981 c. 19 and 1994 c. 1, were repealed in their entirety by Ordinance No. 1995 c. 8.
The Board of Health and Hospitals may delegate to the Inspectional Services Department the enforcement of any statute, ordinance or regulation heretofore enforced by, or adopted by, said Board. Any other Board, Officer, Department or Commission may, subject to the approval of the City Council, delegate to the Inspectional Services Department the enforcement of any statute, ordinance or regulation heretofore enforced by or duly adopted by such Board, Officer, Department or Commission. The Inspectional Services Department is hereby empowered to accept such delegation and may exercise any and all powers necessary or convenient in furtherance of any such delegation. Notice of such delegation shall be filed with the City Clerk.
(Ord. 1981 c. 19; CBC 1985 9-9.4)
The Commissioner may, from time to time, establish within the Department such administrative units within Divisions as may be necessary for the efficient and economical administration of the Department, and when necessary for such purpose, he or she may abolish or merge any such administrative units within Divisions as he or she may deem advisable. Subject to the approval of the Mayor and City Council, the Commissioner may establish, abolish or merge Divisions. The Commissioner shall prepare and keep current a statement of the organization of the Department; of the assignment of functions to its various administrative units, Offices and employees; and of the place at which and the methods whereby the public may receive information or make requests.
(Ord. 1981 c. 19; CBC 1985 9-9.6)
The Building Department and the Housing Inspection Department of the city are hereby respectively abolished. All powers, duties and appropriations of said Departments are hereby transferred to the Inspectional Services Department created by Subsection 9-9.1; and every person holding in said or other Departments an Office or position subject to the Civil Service Law and Rules, being M.G.L. Chapter 31, shall be transferred without Civil Service examination or registration to a similar Office or position in the Inspectional Services Department without impairment of his or her Civil Service rights or his or her retirement, seniority, vacation or sick leave rights; and his or her services shall be deemed to have been continuous to the same extent as if such abolition had not taken place.
(Ord. 1981 c. 19; CBC 1985 9-9.7)
No person shall operate or maintain an automotive establishment, a food and beverage establishment, bulk refuse container storage lot, a donation collection bin or a bulk refuse container without first obtaining the site cleanliness license required by this Subsection or unless the same is maintained in accordance with said license and any regulation promulgated hereunder.
(A) Definitions. For the purpose of this Subsection, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AUTOMOTIVE ESTABLISHMENTS. Autobody shop, car wash, garage, gasoline station, motor vehicle repair garage or lot, retail business establishment or other place for the sale, service, repair or installation of new or used motor vehicles, new or used motor vehicle parts, new or used tires or new or used motor vehicle accessories, whether or not vehicles are serviced or parts or accessories are installed or used on or off the premises.
BULK REFUSE CONTAINER STORAGE LOT. Lot for the storage, repair or maintenance of empty or loaded dumpsters, roll-off containers, trash compactors or any other container or receptacle where debris, refuse, solid waste, trash, recyclable material or like material, are contained or stored in any quantity for any period of time.
BULK REFUSE CONTAINERS. Dumpsters, trash compactors or any other container or receptacle where recyclable materials, debris, refuse, trash, solid waste or like material are contained or stored in any quantity for any period of time.
DONATION COLLECTION BIN. Any container or receptacle, at or on the exterior property areas of any premises, held out to the public as a place for people to drop off articles of clothing and/or other household items.
FOOD, BEVERAGE ESTABLISHMENTS. Restaurant, lunchroom, cafeteria, drive in restaurant, take out restaurant, night club, bar or tavern or other retail business establishment open to the public for the sale or service of food, food products or beverages, whether the food, food products or beverages are prepared for consumption on premises; or where food, food products and beverages are sold or served in disposable containers; or where the establishment provides disposable tableware, napkins, containers, condiments or other disposable material to the public as a usual business practice.
LOT. A parcel of land including land under water, whether or not platted, in single ownership and not divided by a street.
SITE CLEANLINESS LICENSE. The license required by this Subsection and issued by the Inspectional Services Department upon satisfactory review of the site cleanliness license application and Site Cleanliness Plan.
SITE CLEANLINESS PLAN. An operational and maintenance plan for each automotive establishment, food/beverage establishment, bulk refuse container storage lot or any bulk refuse storage container governed by this Subsection. The plan shall also include all information included in the Site Cleanliness Plan application as discussed in division (D) below.
(B) Applicability. The Site Cleanliness Ordinance shall apply to all existing and future automotive establishments, food and beverage establishments, bulk refuse container storage lots, donation collection bins and bulk refuse containers located within the city.
(C) License required for site cleanliness of establishments, donation collection bins and bulk refuse containers. No automotive establishment, food/beverage establishment or bulk container storage lot shall operate, and no bulk refuse container or donation collection bin shall be used, without first obtaining a site cleanliness license from the Commissioner of Inspectional Services. If the Commissioner of Inspectional Services determines that a submitted site cleanliness license application is accurate and adequate to keep the site free from debris, refuse, trash, solid waste or like material that is injurious to the public health, safety and environment, the Commissioner shall issue a site cleanliness license for the establishment, bulk refuse container storage lot or bulk refuse container. Performance of the activities scheduled in the Site Cleanliness Plan shall be a condition of the license and nonperformance of the activities scheduled in the Site Cleanliness Plan shall be a violation of the license and conditions of this Subsection. An operator of donation collection bins shall only need one license for any donation collection bins he or she operates. Operators of donation collection bins shall not be required to submit a Site Cleanliness Plan as a condition of the license, but said operators must meet the additional requirements outlined in division (D) below and meeting these requirements shall be a condition of the license and nonperformance of the activities specifically pertaining to donation collection bins shall be a violation of the license.
(D) Contents of license application.
(1) A complete site cleanliness license application consists of a completed application form and a Site Cleanliness Plan attached thereto. The site cleanliness application form shall be in a form approved by the Commissioner. A Site Cleanliness Plan shall, at a minimum, include the following information:
(a) The address of the lot on which the establishment is located;
(b) The name, address and telephone number of the owner of the lot;
(c) The name, address and telephone number of the operator of the establishment located on the lot;
(d) The type of establishment and nature of its business;
(e) A plot plan accurately depicting the lot;
(f) The location of any bulk refuse container and the location of the bulk refuse container in relation to all abutting lots;
(g) A weekly schedule detailing the times and days of the week for cleaning and maintaining the site free of windblown litter and refuse;
(h) The name of a supervisor responsible for overseeing the cleaning and maintenance of the site;
(i) The name and address of the waste hauling company responsible for servicing the establishment, bulk refuse container storage lot or bulk refuse container;
(j) The date, time and frequency of service by the waste hauling company;
(k) Any and all permits and/or licenses issued by the Department of Environmental Protection relating to the management, storage and disposal of solid wastes and hazardous materials and hazardous wastes generated, stored or disposed on site;
(l) Any and all permits and/or licenses issued by the Boston Fire Department;
(m) Any and all permits and/or licenses issued by the Inspectional Services Department;
(n) Any and all permits and/or licenses issued by the Public Works Department;
(o) The name, address and phone number of the pest control company servicing the establishment, bulk refuse container storage lot or bulk refuse container;
(p) Any fencing or screening required; and
(q) Any other information required by the Inspectional Services Department to ensure the site is maintained in a sanitary condition free of debris, refuse, trash, solid waste or like material that is injurious to the public health, safety and environment.
(2) Operators of donation collection bins shall not be required to submit a completed Site Cleanliness Plan as outlined above, but shall be required to provide the information required by Subsections 1, 3, 7, 8 and 17, inclusive, as it pertains to all donation collection bins in operation. The name, address and telephone number of the person or persons responsible for maintaining each donation collection bin must also be posted and plainly visible on each operator’s donation collection bins. In addition to the requirements outlined in division (G) below, operators of donation collection bins must also provide the Inspectional Services Department with the regular interval schedule for all bins in operation at which the operator collects the items donated and performs regular maintenance. Said interval shall not be greater than 30 days. Any operator of a donation collection box must provide the Inspectional Services Department with written authorization from all owners of all lots upon which they operate a donation collection bin stating that the operator has the owner’s permission to operate a donation collection box on said lot. If, after receiving an annual site cleanliness license, the operator of a donation collection bin plans on placing a new donation collection bin anywhere in the city, the operator must first apply for an updated site cleanliness license and provide all required information pertaining to the new bin.
(E) Screening/fencing requirements. All bulk refuse containers maintained by establishments governed by this Section shall be screened or fenced off from view from public ways, sidewalks and adjoining properties at all sites other than construction sites, unless said screening would eliminate disposal access to the bulk refuse container.
(F) Posting requirements. The Site Cleanliness Plan and site cleanliness license shall be posted in a conspicuous place on the premises in public view. This requirement shall not apply to premises containing a donation collection bin, but the license shall be posted directly on said bin.
(G) Inspections.
(1) Authority. In order to properly carry out their respective responsibilities under this Section, and to ensure that the public health, safety and environment are protected from the hazards posed by unsanitary and unhealthy conditions, the Inspectional Services Department is authorized to enter, examine or survey at any reasonable time all establishments, donation collection bins and bulk refuse containers licensed hereunder.
(2) Systematic area inspections. The Inspectional Services Department is authorized to develop and adopt plans for systematic, periodic area-wide inspections of establishments, bulk refuse container storage lots, donation collection bins and bulk refuse containers required to obtain a site cleanliness license.
(3) Interference with inspection. If any owner, occupant or other person refuses, impedes, inhibits, interferes with, restricts or obstructs entry and free access to the site, operation or premises where inspection is authorized by this Subsection, the Inspectional Services Department may seek in a court of competent jurisdiction an inspection warrant that allows for the inspection of the site and apprises the owner, occupant or other person concerning the nature of the inspection, the scope of the inspection and justification for it and may seek the assistance of the Police authorities in presenting said warrant.
(H) Violation. The operation or maintenance of any establishment, donation collection bin or bulk refuse container governed by this Subsection without a site cleanliness license; the failure to operate or maintain the same in accordance with a validly issued site cleanliness license; and the interference with an inspection, including inspections conducted a pursuant to a validly issued inspection warrant.
(I) Service of notice of violation. Notice of violation shall be served on all owners, operators and all other persons responsible for the operation and maintenance of the establishment, bulk refuse container storage lot or bulk refuse container. Notice of violation shall be served on the operator of the donation collection bin. The notice of violation shall be served in the following manner:
(1) Personally, by any person authorized to serve civil process;
(2) By any person authorized to serve civil process by leaving a copy of the notice of violation at the last and usual place of abode of the violator;
(3) By sending a copy of the order by registered or certified mail, return receipt requested, if within the commonwealth; or
(4) If the last and usual place of abode of the violator is unknown or outside the commonwealth, by posting a copy of the notice of violation in a conspicuous place on or about the premises and by advertising it for at least three out of five consecutive days in one or more newspapers of general circulation within the city.
(J) Administrative hearings.
(1) Right to hearing. Any person upon whom a notice of violation has been served may request a hearing from the Inspectional Services Department by filing a written petition requesting a hearing on the matter with the Department within seven days after the day the notice of violation was served.
(2) Hearing notice. Upon receipt of a petition, the Inspectional Services Department shall inform the petitioner of the date, time and place of the hearing in writing.
(3) Time for hearing. The hearing shall commence within 30 days after the day on which the notice of violation was served. The time period in which the cited violations must be remedied shall be stayed upon receipt of the petition for a hearing until such time as the hearing is held.
(4) Hearing of petitioner. At the hearing, the petitioner shall be given an opportunity to be heard, to present witnesses or documentary evidence and to show why the notice of violation should be modified or withdrawn. An official record shall be kept of the hearing proceedings and made available to the petitioner upon request. Failure to hold a hearing within the time period specified herein shall not affect the validity of any notice of violation.
(5) Final decision after hearing; failure to comply with final order.
(a) Within seven days after the conclusion of the hearing, the Inspectional Services Department shall sustain, modify or withdraw the notice of violation and shall inform the petitioner in writing of its decision and the reasons therefore. If the Department sustains or modifies the notice of violation, said violation shall be remedied within the time period allotted in the original notice of violation or in the modification.
(b) If a written petition for a hearing is not filed with the Inspectional Services Department within seven days after the notice of violation has been served, or if after a hearing the notice of violation has been sustained in any part, each day’s failure to comply with the notice of violation within the time allotted as issued or modified shall constitute an additional offense.
(K) Judicial appeals. Any person aggrieved by a final decision of the Inspectional Services Department with respect to the denial of a site cleanliness license, the revocation of a site cleanliness license, the issuance of a notice of violation or any other order issued under this Subsection by the Inspectional Services Department, may seek relief therefrom in any court of competent jurisdiction as provided by the laws of the commonwealth.
(L) Penalties.
(1) Failure to obtain site cleanliness license. If a person operates an establishment, bulk refuse container storage lot, donation collection bin or bulk refuse container without first obtaining a site cleanliness license, the Commissioner of Inspectional Services may seek an injunction from a court of competent jurisdiction prohibiting the operation of the establishment, bulk refuse container storage lot, donation collection bin or bulk refuse container until a site cleanliness license is secured.
(2) Failure to comply with terms of site cleanliness license. If a licensee fails to comply with the terms of a site cleanliness license, the Commissioner of Inspectional Services may suspend the site cleanliness license, after an administrative hearing, and seek an injunction from a court of competent jurisdiction prohibiting the operation of the establishment, bulk refuse container storage lot, donation collection bin or bulk refuse container until the licensee proves to the court its compliance with the site cleanliness license. If a licensee fails to comply with the terms of the site cleanliness license three times in the preceding 12-month period, the Commissioner of Inspectional Services may suspend, cancel or revoke the site cleanliness license after an administrative hearing. In the event of suspension or cancellation of the site cleanliness license, other municipal Agencies issuing licenses will be so notified.
(3) Failure to comply with notice of violation. Any person who fails to comply with any notice of violation or other order issued pursuant to this Subsection by the Inspectional Services Department, or its duly appointed Agents or representatives, shall be fined $1,000 per violation per day. Each day’s failure to comply with a notice of violation or any other order shall constitute a separate violation. Notwithstanding, any person who operates a donation collection bin and fails to comply with any notice of violation or other order issued pursuant to this Subsection by the Inspectional Services Department, or its duly appointed Agents or representatives, shall be fined $100.
(4) Interference after inspection warrant presented. Any owner, occupant or other person who refuses, impedes, inhibits, interferes with, restricts or obstructs entry and free access to every part of the structure, site, operation or premises where inspection is sought under this Subsection after an inspection warrant has been obtained and presented in accordance with division (G)(3) above, shall be fined $1,000.
(5) Fines. All fines and penalties assessed and collected under this Subsection may be enforced pursuant to M.G.L. Chapter 40, Section 21D.
(M) Site cleanliness license fee. The fee for the site cleanliness license shall be $50. In the case of operators of donation collection bins updating their site cleanliness license during the valid annual license period, the fee shall be $10.
(N) Term of license. The term of each license shall be one year. Annually on a date set by the Commissioner, all persons who operate or maintain food/beverage establishments, automotive establishments, bulk refuse container storage lots, donation collection bins and bulk refuse containers shall file, renew or amend a Site Cleanliness Plan and obtain a new site cleanliness license. Operators of donation collection bins shall not be required to submit a Site Cleanliness Plan.
(O) Severability. If any Section provided for under this Subsection shall be declared invalid for any reason whatsoever, that decision shall not affect any other portion of this Subsection, which shall remain in full force and effect; and to this end the provisions of this Subsection are hereby declared severable.
(P) Regulatory authority. The Commissioner of Inspectional Services shall have the authority to promulgate rules and regulations necessary to enforce this Subsection.
(Q) Delegation of authority. The Commissioner of Inspectional Services may delegate enforcement of this Subsection to any City Department authorized to enforce public safety, health or environmental laws and regulations.
(CBC 1985 9-9.8; Ord. 1999 c. 5; Ord. 2008 c. 15; Ord. 2010 c. 3)
No person shall operate or maintain an automotive establishment without first obtaining the auto shops license required by this Section or unless the same is maintained in accordance with said license and any regulation promulgated hereunder.
(A) Definitions. For the purpose of this Subsection, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AUTOMOTIVE ESTABLISHMENTS. Auto body shop, car wash, garage, gasoline station, motor vehicle repair garage or lot, retail business establishment or other place for the sale, service, repair or installation of new or used motor vehicles, new or used motor vehicle parts, new or used tires or new or used motor vehicle accessories, whether or not the vehicles are serviced or parts or accessories are installed or used on or off the premises.
CEASE AND DESIST ORDER. A serious enforcement action, which requires the wrongful party to halt production, service or a particular practice at its facility.
CLASS I, II AND III LIQUIDS. The commonwealth’s Board of Building Regulations and Standards has classified flammable and combustible liquids as Class IA, IB, IC, II and III based on the temperature at which the liquids give off enough vapors to cause a fire hazard. The Occupational Safety and Health Administration (“OSHA”) has developed specific regulations regarding the storage of these liquids.
COMBUSTIBLE LIQUID. Any liquids having a flash point at or above 100°F shall be known as Class II or Class III liquid. Combustible liquids shall be divided into the following classifications:
(a) CLASS II. Liquids having flash points at or above 100°F and below 140°F;
(b) CLASS IIIA. Liquids having a flash point at or above 140°F and below 200°F; and
(c) CLASS IIIB. Liquids having a flash point at or above 200°F.
CONTINGENCY PLAN. A document setting out an organized, planned and coordinated course of action to be followed in case of fire, explosion or other accident that releases toxic chemicals, hazardous waste or radioactive materials that threaten human health or the environment.
CUTTING AND WELDING. An auto body repair activity that can create noxious fumes and potentially release metal fines and sparks to the environment.
ENGINEERING CONTROLS. Mechanical controls and equipment that are designed to protect worker health and safety (such as ventilation, alarms and filters).
ENVIRONMENTAL, HEALTH AND SAFETY (“EHS”) PROGRAM. A program developed by a workplace or business to protect the environment and worker safety. An EHS PROGRAM incorporates and implements procedures that help ensure chemicals and activities are managed in a safe and environmentally sound manner.
ENVIRONMENTAL LIABILITY. The legal liability that a company or a person incurs if it owns or operates a shop that violates an environmental law or causes damage to the surrounding environment as a result of the company’s or person’s operations.
FLAMMABLE LIQUID. A liquid that has a flash point below 100°F and has vapor pressure not exceeding 40 pounds per square inch (PSI) at 100°F.
HAZARDOUS AIR POLLUTANT (“HAP”). Air pollutants that are not covered by ambient air quality standards but which reasonably may be expected to cause or contribute to irreversible illness or death, according to the Clean Air Act amendments, being 42 U.S.C. §§ 7401 et seq. Such POLLUTANTS include: benzene, chromium compounds, hexane, methyl isocyanates, styrene, toluene and vinyl chloride.
HAZARD ASSESSMENT. The review and evaluation of a shop’s operations for potential health injuries or disease that may be caused by a chemical, process or facility design and the conditions of exposure under which such health effects are produced. This ASSESSMENT is used to identify appropriate precautions that workers should take when performing certain shop activities.
HAZARD COMMUNICATION PROGRAM. An OSHA-required program developed by a firm or workplace which identifies potential hazards associated with workplace activities and outlines procedures that will be undertaken by all employees to prevent injury and in the event of a chemical exposure or accident.
HAZARDOUS WASTE. Waste generated by a business or residence that can pose a substantial or potential hazard to human health or the environment when improperly managed. These are defined as wastes that possess at least one of the four characteristics (ignitability, corrosivity, reactivity or toxicity) or wastes that are determined to be hazardous by definition and are listed as such by EPA or states.
HAZARDOUS WASTE GENERATOR. Any facility that generates waste. GENERATORS are regulated based on how much waste they generate.
HAZARDOUS WASTE MANIFEST. A multi-part form that is used to track each hazardous waste shipment from its point of generation to its ultimate disposal or treatment. The use of these forms is required under EPA or DEP hazardous waste requirements. These forms list the generator identification number, the name of the waste generator, all waste transporters, the name of the designated receiving facility and the quality and type of hazardous waste being shipped.
IMMINENT THREAT OR HAZARD. An activity or condition that poses an immediate danger to human health or the environment.
LOT. A parcel of land including land under water, whether or not platted, in single ownership, and not divided by a street.
MATERIAL SAFETY DATA SHEETS (“MSDS”). Printed documents generated by chemical manufacturers that describe the contents of a material, its hazards, appropriate protection measures and other health and safety and emergency information.
OIL-WATER SEPARATOR. Also called a grease trap or gas trap. Used to separate industrial wastewater before it is discharged to a floor drain, sanitary sewer, industrial septic system or the ground. The SEPARATOR physically removes the oil and particles from the wastewater because floating oil and particles will separate from the water in the unit. The sludge and oil must be collected and managed as a hazardous waste or oil waste.
OPERATION HOURS. The daily time period during which the licensed automotive establishment conducts and provides services to the public.
PERSONAL PROTECTIVE EQUIPMENT (“PPE”). Any health and safety equipment used to protect workers from potentially harmful materials or activities. PPE includes goggles, gloves, respirators, steel-toed boots, earplugs and more.
POLLUTION PREVENTION (“P2”). The implementation of activities or practices that avoid the use and generation of environmentally harmful materials. Common P2 activities include reducing toxics use, using non-toxic alternatives, improving efficiency and therefore reducing waste, recycling or reusing materials and modifying operations to avoid the need for materials that are, or may become, environmentally harmful.
REACTIVE WASTE. Waste that is capable of reacting with other chemicals, is normally unstable and can undergo violent changes with or without exploding. A REACTIVE WASTE may respond violently with water and may generate toxic gas, vapor or fumes when mixed with water.
REPORTABLE QUANTITY (“RQ”). The amount of oil or hazardous material released to the environment that would require you to notify the proper authorities.
SATELLITE ACCUMULATION AREA. Area where hazardous waste is accumulated in a container until the container becomes full and is moved to a hazardous waste storage/accumulation area. Waste in this AREA must be at, or near, the point of generation and under the control of the process operator at all times.
SPRAY AREA. Any area where dangerous quantities of flammable or combustible vapors, mists, residues, dusts or deposits are present due to the operation of spray painting or coating processes. According to NFPA Code 33, the SPRAY AREA includes areas inside the spray booth or spray room, as well as ducts exhausting from spray-painting process. When spray areas are not confined adequately, the SPRAY AREA may extend out to the entire room.
SPRAY BOOTH. A structure which encloses a spraying operation to limit the escape of spray, vapor and residue, and which conducts these materials to an exhaust system. A SPRAY BOOTH is fully enclosed, ventilated and equipped with fire prevention and safety equipment. Generally a SPRAY BOOTH has three walls and one open side.
TOXIC WASTE. A waste that can produce injury if inhaled, swallowed or absorbed through the skin.
VIOLATION. The operation or maintenance of any establishment governed by this Section without an auto shops license; the failure to operate or maintain the same in accordance with a validly issued auto shops license; and the interference with an inspection conducted pursuant to a validly issued inspection warrant.
VOLATILE ORGANIC COMPOUNDS (“VOCS”). Any organic compound that can alter the chemical makeup of the atmosphere through photochemical reactions. These COMPOUNDS are called volatile because they can become a vapor at room temperature and pressure. Most paints and solvents used in auto body shops contain VOCS.
(B) Applicability; zoning review. The auto shops license shall apply to all existing and future automotive establishments located within the city. After an auto shops license application has been submitted to the Inspectional Services Department, a complete plan review shall be conducted to ensure the establishment is in compliance with the Zoning Code. If proper zoning is not met, the application must be submitted to the Boston Zoning Board of Appeal for a variance.
(C) License required for auto shops establishments. No automotive establishment shall operate without first obtaining an auto shops license from the Commissioner of Inspectional Services. If the Commissioner of Inspectional Services determines that a submitted auto shops license application is accurate and adequate to keep the site free of hazardous waste or like material that is injurious to the public health, safety and environment, the Commissioner shall issue an auto shops license for the establishment. Performance of the activities scheduled in the auto shops plan shall be a condition of the license and nonperformance of the activities scheduled in the auto shops plan shall be a violation of the license and conditions of this Section. All auto shops shall operate using best industry practices during the allowed hours of operation indicated in their licenses.
(D) Contents of license application. A complete auto shops license application consists of a completed application form and an auto shops plan attached thereto. The auto shops application form shall be in a form approved by the Commissioner. An auto shops plan shall, at a minimum, include the following information:
(1) The address where the establishment is located;
(2) The name, address and telephone number of the owner of the establishment;
(3) The name, address and telephone number of the operator of the establishment;
(4) A weekly schedule detailing the time and days of the week of the operation hours for the automotive establishment;
(5) A weekly schedule detailing the times and days of the week for cleaning and maintaining the establishment free of waste and hazardous material;
(6) The name of a supervisor responsible for overseeing the cleaning and maintenance of the shop;
(7) The name and address of the waste hauling company responsible for servicing the establishment;
(8) The date, time and frequency of service by the waste hauling company;
(9) Any and all permits and/or licenses issued by the Department of Environmental Protection relating to the management, storage and disposal of solid wastes and hazardous materials and hazardous wastes generated, stored or disposed on site;
(10) Any and all permits and/or licenses issued by the Public Safety Committee;
(11) Any and all permits and/or licenses issued by the Boston Police Department;
(12) Any and all permits and/or licenses issued by the Inspectional Services Department;
(13) Any and all permits and/or licenses issued by the Public Works Department;
(14) Any other information required by the Inspectional Services Department to ensure the site is maintained in a sanitary condition free of solid waste, hazardous materials or like material that is injurious to the public health, safety and environment; and
(15) Any and all permits and/or licenses issued by the Boston Public Health Commission.
(E) Posting requirements. The auto shops plan and auto shops license shall be posted in a conspicuous place on the premises in public view.
(F) Inspections.
(1) Authority. In order to properly carry out their respective responsibilities under this Section, and to ensure that the public health, safety and environment are protected from the hazards posed by unsanitary and unhealthy conditions, the Inspectional Services Department is authorized to enter, examine or survey at any reasonable time all establishments licensed hereunder.
(2) Systematic area inspections. The Inspectional Services Department is authorized to develop and adopt plans for systematic, periodic area-wide inspections of establishments required to obtain an auto shops license.
(3) Interference with inspector. If any owner, occupant or person refuses, impedes, inhibits, interferes with, restricts or obstructs entry and free access to the site, operation or premise where inspection is authorized by this Section, the Inspectional Services Department may seek in a court of competent jurisdiction an inspection warrant that allows for the inspection of the site and surprises the owner, occupant or other person concerning the nature of the inspection, the scope of the inspection and the justification for it and may seek the assistance of the Police authorities in presenting said warrant.
(G) Violation. The operation or maintenance of any establishment governed by this Section without an auto shops license; the failure to operate or maintain the same in accordance with a validly issued autoshops license and auto shops plan; and the interference with an inspection conducted pursuant to a validly issued inspection warrant.
(1) Regulation. No fine shall be issued under the auto shops license but shall be issued under the commonwealth’s Sanitary Code M.G.L. Chapter 111, Sections 122, 123 and 125.
(2) Time frame. After an auto shops establishment has been cited, by the Commissioner of Inspectional Services or his or her designee, for failure to comply with a validly issued auto shops license the owner, occupant or person responsible for the operation or maintenance of the establishment shall have seven days in which to comply, or, in an emergency, as determined by the inspector from Inspectional Services, 24 hours.
(3) Fine schedule. Citations for failure to comply with this Section will be issued by ISD through a code enforcement ticket. A clearly defined and progressive fine schedule would result in the following:
First offense | $100 |
Second offense | $250 |
Third and subsequent offenses | $500 |
(H) Service of notice of violation. Notice of violation shall be served on all owners, operators and on all other persons responsible for the operation and maintenance of the establishment. The notice of violation shall be served in the following manner:
(1) Personally, by any person authorized to serve civil process;
(2) By any person authorized to serve civil process by leaving a copy of the notice of violation at the last and usual place of abode of the violator;
(3) By sending a copy of the order by registered or certified mail, return receipt requested, if within the commonwealth; or
(4) If the last and usual place of abode of the violator is unknown or is outside the commonwealth, by posting a copy of the notice of violation in a conspicuous place on or about the premises and by advertising it for at least three out of five consecutive days in one or more newspapers of general circulation within the city.
(I) Administrative hearings.
(1) Right to hearing. Any person upon whom a notice of violation has been served may request a hearing from the Inspectional Services Department by filing a written petition requesting a hearing on the matter within the Department within seven days after the day the notice of violation was served.
(2) Hearing notice. Upon receipt of a petition, the Inspectional Services Department shall inform the petitioner of the date, time and place of the hearing in writing.
(3) Time for hearing. The hearing shall commence within 30 days after the day on which the notice of violation was served. The time period in which the cited violations must be remedied shall be stayed upon receipt of the petition for a hearing until such time as the hearing is held.
(4) Hearing of petitioner. At the hearing, the petitioner shall be given an opportunity to be heard, to present witness or documentary evidence and to show why the notice of violation should be modified or withdrawn. An official record shall be kept of the hearing proceedings and made available to the petitioner upon request. Failure to hold a hearing within the time period specified herein shall not affect the validity of any notice of violation.
(5) Final decision after hearing; failure to comply with final order.
(a) Within seven days after the conclusion of the hearing, the Inspectional Services Department shall sustain, modify or withdraw the notice of violation and shall inform the petitioner, in writing, of its decision and the reasons therefor. If the Department sustains or modifies the notice of violation, said violation shall be remedied within the time period allotted as issued or in the modification.
(b) If a written petition for a hearing is not filed with the Inspectional Services Department within seven days after the notice of violation has been served, or if, after a hearing, the notice of violation has been sustained in any part, each day’s failure to comply with the notice of violation within the time allotted as issued or modified shall constitute an additional offense.
(J) Judicial appeals. Any person aggrieved by a final decision of the Inspectional Services Department with respect to the denial of an auto shops license, the revocation of an auto shops license, the issuance of a notice of violation, or any other order issued under this Section by the Inspectional Services Department, may seek relief therefrom in any court of competent jurisdiction as provided by the laws of the commonwealth.
(K) Penalties.
(1) Failure to obtain an auto shops license. If a person operates an automotive establishment without first obtaining an auto shops license, the Commissioner of Inspectional Services may seek an injunction from a court of competent jurisdiction prohibiting the operation of the establishment until an auto shops license is secured.
(2) Failure to comply with terms of the auto shops license. If a licensee fails to comply with the terms of an auto shops license, the Commissioner of Inspectional Services may suspend the auto shops license, after an administrative hearing, and seek an injunction from a court of competent jurisdiction prohibiting the operation of the establishment until the licensee proves to the court its compliance with the auto shops license. If a licensee fails to comply with the terms of the auto shops license three times in the proceeding year, the Commissioner of Inspectional Services may suspend, cancel or revoke the auto shops license after an administrative hearing. In the event of suspension or cancellation of the auto shops license other municipal Agencies issuing licenses will be so notified.
(3) Failure to comply with notice of violation. Any person who fails to comply with any notice of violation or other order issued pursuant to this Section by the Inspectional Services Department, or its duly appointed Agents or representatives, shall be fined $1,000 per violation per day. Each day’s failure to comply with a notice of violation or any other order shall constitute a separate violation.
(4) Interference after inspection warrant presented. Any owner, occupant or other person who refuses, impedes, inhibits, interferes with, restricts or obstructs entry and free access to every part of the structure, site operation or premises where inspection is sought under this Section after an inspection warrant has been obtained and presented in accordance with division (F)(3) above, shall be fined $1,000.
(5) Fines. All fines and penalties assessed and collected under this Section may be enforced pursuant to M.G. L. Chapter 40, Section 21D and will remain the property of ISD.
(L) Auto shops license fee. The fee for the auto shops license shall be $100. It is renewable on an annual basis and requires a compliance inspection for the license to be issued.
(M) Term of license. The term of each license shall be one year. Annually on the date set by the Commissioner, all persons who operate or maintain automotive establishments shall file, renew or amend an auto shops plan and obtain a new auto shops license.
(N) Severability. If any Subsection provided for under this Section shall be declared invalid for any reason whatsoever, that decision shall not affect any other portion of this Section, which shall remain in full force and effect; and to this end the provisions of this Section are hereby declared severable.
(O) Regulatory authority. The Commissioner of Inspectional Services shall have the authority to promulgate rules and regulations necessary to enforce this Section.
(P) Delegation of authority. The Commissioner of Inspectional Services may delegate enforcement of this Section to any City Department authorized to enforce public safety, health or environmental laws and regulations.
(CBC 1985 9-9.9; Ord. 2006 c. 9)
Loading...