DALTON, Mass. — The Board of Health will collaborate with the building department to modify the demolition guidelines checklist. 

 

The current checklist does not clearly outline the board's responsibilities when approving a demolition or the items the board is responsible for, Health Agent Agnes Witkowski said. 

 

The building inspector suggested that the board adopt the checklist, which came from another town.

 

Previous board members approved adopting it in 2022 but since then people have been directed to go to the Board of Health regarding demolitions. This checklist is separate from the building department's demolition program. 

 

"My understanding is it is the building inspectors responsible to sign off on the permit. I know some Board of Health's would get a copy of the road report and asbestos report and give that to the building inspector but it seems like this is becoming more of a board of health's responsibility," Witkowski said. 

 

According to attorney Nicole Costanzo, state building codes require "jurisdictional cooperation" from a number of departments to provide assistance for the building inspector. The building inspector is responsible for ensuring all laws and ordinances are complied with. 

 

The building inspector does have a program that allows these various departments to go in and sign off on the demolition indicating they do not have any concerns or issues. This program also has a box so the department can include conditions or comments, Costanzo said. 

 

The Board of Health's checklist starts as an informational document to inform residents of the steps they need to take for demolition approval. 

 

"My understanding at one point was an information sheet to make sure that these things are being done but now it's becoming part of the Board of Health's responsibility to be collecting this, answering questions, guiding [the resident,] inspecting the building, and for all these things to be done," Witkowski said. 

 

"Versus this being a checklist that should be guiding people and then that information should be uploaded into the building inspectors [program] and if the building inspector has any questions then he would converse with the Board of Health."

 

The second page then requires the health agent to sign off on the document indicating they have completed an inspection and received certain disposal information from the resident. 

 

The Board of Health's document also has a building department checklist that appears to require the inspectional official, in this case Witkowski, to review and sign off on. 

 

"Our intent was to use this as an informational sheet to people for education so that they would have something right up front to know," Witkowski said. 

 

"Now it's becoming that I'm the one that's having to follow up on and being responsible for this and signing off on this, which before this information would be just uploaded into the building permit system."

 

Witkowski is now getting questions regarding demolitions that should be going to the building inspector. 

 

Based on how it is currently written the health agent would be required to sign this document before signing off on the building inspectors program. 

 

"I think that's the first thing that the board needs to determine what your what your guidelines in your checklist actually require and what the intent of that was, to give your inspectional agents some idea of what they're required to do when they receive a request from someone who's applied for a demolition permit," Costanzo said. 

 

"... looking at this, in my opinion I'm not aware of any regulation that requires a local Board of Health to certify compliance with asbestos regulations…with that exception, that the building code does require jurisdictional cooperation from the Board Of Health when the building inspector is seeking guidance from them with respect to issuance of any permits."

 

If an owner wants to tear down to remodel their home, the demolition permit should just go through the building department and if they have any questions the Board of Health could review the application, board member Edward Gero said. 

 

In cases where the demolition was court ordered due to situations overseen by the Health Department, whether it is rodents or public health issues, the Board of Health should then be required to review the application, he said.