Board of Health

Braintree Board of Health Johnson Meeting Room, Town Hall 1 John F. Kennedy Memorial Drive, Braintree MA Thursday, January 16, 2020, 7:00 p.m. IN ATTENDANCE: Dr. Arthur Bregoli, Chairman Dr. Philip Nedelman, Vice Chairman Laurie Melchionda, Clerk ALSO PRESENT: Marybeth McGrath, Director of ML & I Dr. Bregoli called the meeting to order at 7:00 p.m. Approval of Meeting Minutes: November 7, 2019 Motion By: Ms. Melchionda to approve the meeting minutes of November 7, 2019. Second By: Dr. Nedelman Unanimously Voted List of Complaints: The board reviewed a list of complaints received from November 4, 2019 – January 10, 2020. New Business: Request for Variance (Lifeguard Provision), Residence Inn by Marriott, 180 Forbes Road Ms. McGrath stated this is the second time the Board is renewing this lifeguard variance request. In October 2017, the Board provided a conditional variance for six months because they did not have any data to support whether or not there was a need for a lifeguard. Since that time they were able to support that they have a very low bather load. This is mainly a business use hotel for professionals that may be traveling and they generally do not use the pool. She recommended the Board approve this request. Dr. Bregoli asked if they have all the appropriate signage in place, and Ms. McGrath confirmed that they did. Motion By: Dr. Nedelman to approve the variance request for Residence Inn by Marriott. Second By: Ms. Melchionda Unanimously Voted Braintree Board of Health, January 16, 2020 Page 2 of 3 Request for Variance (Lifeguard Provision), Hampton Inn, 215 Wood Road Ms. McGrath stated this is a renewal of their request for variance of the lifeguard provision. They have been in business for 12 to 15 years. They have an indoor pool and spa and have requested a variance every year. They provided pool usage logs and the numbers are relatively low. Room keys are used to gain entrance to the pool area, and that records the entry and exit to the pool area. Dr. Bregoli asked if they have all the appropriate signage in place, and Ms. McGrath confirmed that they did. She recommended the Board approve this request. Motion By: Ms. Melchionda to approve the variance request for Hampton Inn. Second By: Dr. Nedelman Unanimously Voted Informational: Board of Health Meeting Date Schedule: Ms. McGrath provided the meeting schedule for January through June 2020. An Act Modernizing Tobacco Control: Ms. McGrath provided information on this act signed into law on November 27, 2019 by Governor Baker. She stated in September 2019 the Governor put a complete ban on nicotine delivery products across the board. Since then the Legislature passed this act implementing this new regulation. She stated if the Board of Health’s regulation is more stringent than the state regulation, then that regulation supercedes the state regulation. If the state’s regulation is more stringent than the Board of Health, then that regulation supercedes the local regulation. She stated at some point the Board may want to think about making them the same. Ms. McGrath stated there are different requirements for vape shops than for convenience and liquor stores. She sent a letter to all establishments in town outlining the requirements and supplied all the state signage that is required. One of the biggest changes is that convenience and liquor stores cannot offer flavored tobacco products, except menthol and mint. Effective June 1, 2020, the establishments will not be able to offer those products. Adult only stores can sell vape products. Convenience stores can sell non-flavored vape products with a nicotine content that is less than 35 mg/ml, but they have to show proof through the manufacturer’s documentation of the product’s percentage of nicotine. The stores must maintain these records obtained by the manufacturer that validates the nicotine content of the vape products and they have to keep all tobacco products behind the counter where sales are made. Effective June 1, 2020, they cannot sell menthol cigarettes, flavored cigars, flavored chewing tobacco, or tobacco product flavor enhancers. Ms. McGrath stated there is now only one vape shop in town. Vape Daddy closed and chose not to reopen, so the only shop remaining is East Coast Smokes. Vape shops cannot sell tobacco products to anyone under 21, and they cannot sell flavored electronic nicotine delivery products. However, they do not have to comply with the 35 mg/mL Braintree Board of Health, January 16, 2020 Page 3 of 3 restriction. She stated the current Board of Health fines are $100 for a first offense, $300 for second offense, $500 for third offense, and fourth is revocation of license for once year. The state’s fines are $1000 for first offense, $2000 for second offense, $5000 for third offense and subsequent offense within 36 months. The new state regulation supercedes the local regulation, and is currently in effect. MDPH Youth Vaping and Cessation Data: Ms. McGrath provided information from the state health department. They did data collection from high school student for 2017 through 2019. In 2019, there were fewer persons using cigarettes, cigars, and smokeless tobacco chew, however, more were using vape products. Dr. Nedelman asked how much nicotine a youth gets from one cigarette versus vaping. Ms. Melchionda stated if they vape one cartridge it is equivalent to a whole pack of cigarettes. Ms. Melchionda stated school nurses are now provided training and are better equipped to work with students on cessation, rather than focusing on punishment. Ms. McGrath stated the Board’s regulation caps permits at 40 and as an establishment closes that reduces the number of licenses. There is also a cap of two vape shops and one of them just closed, so she is seeking information from the state as to whether they have to always offer that second license for a vape shop or has the number been reduced to one. She will keep the Board informed. Next Meeting: February 13, 2020 Motion By: Ms. Melchionda to adjourn the meeting at 7:28 p.m. Second By: Dr. Nedelman Unanimously Voted