Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 675.000 - Requirements To Maintain Airqualityin Indoorskating Rinks (state Sanitary Code, Chapter Xi)
Section 675.018 - Certificates: Suspension and Revocation
Universal Citation: 105 MA Code of Regs 105.675
Current through Register 1531, September 27, 2024
(A) Immediate Suspension/ Emergency Closure.
(1) The board of health or the Bureau or the
authorized agent of either may, without prior notice or hearing, suspend a
certificate of approval and order the indoor skating rink to close if an
imminent health hazard is found to exist. An imminent health hazard shall be
deemed to exist if the levels of carbonmonoxide or nitrogen dioxide in an
indoor skating rink are found, by the taking of one or more air samples by the
operator, or the board or Bureau or the authorized agent of either, to exceed
evacuation air levels, or if such air levels are otherwise considered by the
board, Bureau or either of their authorized agents, to constitute an actual
danger to the health of employees or users of the indoor skating rink or
visitors to the indoor skating rink. The local fire department shall be
notified by the board of health of a suspension/emergency closure as soon as
possible.
(2) Whenever a suspension
is imposed in this manner, the operator shall be notified of the suspension in
writing. The notice shall:
(a) state that the
board of health or the Bureau has determined that an imminent health hazard
exists which requires the immediate suspension of operations;
(b) list the finding(s) leading to the
determination that an imminent health hazard exists; and
(c) state that a hearing will be held if a
written request for hearing is filed with the board of health or the Bureau by
the certificate holder within ten days of receipt of the notice of
suspension.
(3) The
suspension shall be effective upon posting of the notice of suspension on the
premises.
(4) The board of health
or the Bureau shall hold a hearing on the suspension within three business days
after receipt of a written request for a hearing.
(5) Whether or not a hearing is requested,
the board of health or the Bureau may end the suspension at any time if reasons
for the suspension no longer exist.
(B) Suspension with Prior Notice.
(1) The board of health
may, after providing an opportunity for a hearing, suspend a certificate of
approval if the in door skating rink does not comply with the requirements of
105 CMR 675.000.
(2) Notice of the board's intent to suspend a
certificate shall be given by the board of health to the operator in writing.
The notice shall specify the violations for which the certificate is to be
suspended and shall state that the certificate shall be suspended at the end of
ten days following service of such notice unless a written request for hearing
is filed with the board of health by the certificate holder within such ten day
period. If no request for hearing is filed within the ten day period, the
certificate shall be suspended for the period of time specified in the
suspension notice.
(3) If no
hearing is requested or if, after a hearing, the decision to suspend the
certificate is upheld, the board shall serve a second notice on the operator
stating that the certificate is suspended and setting forth the time period of
the suspension and the starting date of the suspension. The notice shall also
state that the ice skating rink must be closed on the date specified in the
notice and remain closed during the entire suspension period, unless the board
explicitly allows it to be reopened at an earlier time. The notice shall be
posted on the premises by the operator.
(C) Revocation.
(1) The board of health may, after providing
opportunity for a hearing, revoke a certificate for:
(a) serious or repeated violations of any of
the requirements of
105 CMR 675.000;
(b) interference with the board of health or
its authorized agents in the performance of its duty;
(c) a criminal conviction of the permit
holder relating to the operation of the indoor skating rink; or
(d) for keeping or submitting any misleading
or false records or documents required by
105 CMR 675.000.
(2) Notice of the board's intent
to revoke a certificate shall be given by the board of health to the operator
in writing. The notice shall specify the reason(s) for which the certificate is
to be revoked and shall state that the revocation shall be imposed at the end
of the ten days following service of such notice unless a written request for
hearing is filed with the board of health by the operator within such ten- day
period. If no request for hearing is filed within the ten-day period, the
certificate shall be revoked.
(3)
If no hearing is requested or if, after a hearing, the decision to revoke the
certificate is upheld, the board shall serve a second notice on the operator
stating that the certificate is revoked, and the effective date of the
revocation. The notice shall also state that the ice skating rink must be
closed on the effective date of the revocation and must remain closed unless
and until the revocation is rescinded or a new license is issued for the
facility. The notice shall be posted on the premises by the operator.
(D) Service of Notices. All notices of intent to suspend or revoke a certificate and all notices of suspension or revocation of a certificate required under this section shall be served on the owner or operator of the indoor skating rink as follows:
(1) By sending him a copy of
the notice by registered or certified mail, return receipt requested;
or
(2) Personally, by any person
authorized to serve civil process; or
(3) If, and only if, the aforementioned
methods of service are unsuccessful, service may be made, by any person
authorized to serve civil process, by leaving a copy of the notice with some
responsible person at the indoor skating rink.
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