105 CMR: DEPARTMENT OF PUBLIC HEALTH

105 CMR 460.000: LEAD POISONING PREVENTION AND CONTROL


For 105 CMR -1923, click here
Section:

460.001: Purpose
460.002: Authority
460.003: Citation

DEFINITIONS

460.020: Meaning of Terms

EARLY DIAGNOSIS (SCREENING) PROGRAM

460.040: Mandatory Reporting of Cases of Lead Poisoning
460.050: Mandatory Lead Poisoning Screening Schedule
460.060: Reimbursement for Screening Conducted Pursuant to the Mandatory Lead Poisoning Screening Schedule in 105 CMR 460.050
460.070: Universal Reporting of Erythrocyte Protoporphyrin and Blood Lead Results

ABATING AND CONTAINING DANGEROUS LEVELS OF LEAD

460.100: Duty of Owner(s) of Residential Premises
460.105: Lead Violations: The Emergency Lead Management Plan and Interim Control
460.110: Lead Violations: Abatement and Containment Requirements
460.115: Process for Approval of Encapsulants for the Abatement of Lead Paint
460.120: Methods of Removal
460.130: Methods of Containment Using Rigid or Flexible Coverings
460.135: Methods of Containment Using Encapsulants
460.140: Methods of Replacement
460.150: Notification of Abatement and/or Containment Activity
460.160: Safety Precautions and Clean-up Procedures in Areas Undergoing Deleading and Interim Control Work
460.170: Lead Dust Monitoring
460.175: Low-Risk Abatement and Containment Activities by Unlicensed Owners and Owners' Agents; Training of Unlicensed

Owners and Owners' Agents

460.180: Owners in Violation Subject to Damages
460.190: Punishable Violations

LEAD-BASED PAINTS, GLAZES AND OTHER SUBSTANCES PROHIBITIONS UNDER M.G.L. C. 111, § 196

460.200: Acts Made Illegal under M.G.L. c. 111, § 196
460.210: M.G.L. c. 111, § 196(a) Offenses
460.220: M.G.L. c. 111, § 196(b) Offenses
460.230: Civil Damages under M.G.L. c. 111, § 196(a)
460.240: Embargo of Lead-Based Articles and Substances

EXEMPTIONS UNDER M.G.L. C. 111, 196 (a) AND (b)

460.300: Exemptions for Certain Applications and Products
460.310: Terms and Conditions of Exemptions
460.320: Notification of Director if Formula of Exempted Product Is Modified: New Exemption May Be Required
460.330: Refusal and Revocation of Exemptions
460.340: Administrative Appeal from Refusals and Revocations

TRAINING, LICENSURE, REGISTRATION AND MONITORING OF LEAD INSPECTORS, DELEADERS AND RISK ASSESSORS; CERTIFICATION OF LEAD INSPECTOR AND RISK ASSESSOR TRAINING PROVIDERS

460.400: Training and Licensure of Lead Inspectors and Risk Assessors
460.410: Certification of Lead Inspector and Risk Assessor Training Providers
460.420: Training and Licensure of Delivers
460.430: Registration and Monitoring of Lead Inspectors, Deleaders and Risk Assessors

105 CMR - 1921

OFFICIAL TESTS AND MEASUREMENTS

460.500: Issuance of Official Reports
460.510: Approved Testing Methodology
460.520: Authorized Test Personnel
460.530: Reports of the State Laboratory, Boards of Health, Code Enforcement Agencies or Housing Inspection Agencies as Primae Facie Evidence

INITIAL INSPECTION, REINSPECTION, AND ENFORCEMENT PROCEDURES

460.600: Concurrent Enforcement Authority
460.610: Application of State Sanitary Code
460.620: Emergency Matters
460:700: Enforcement by Local Code Enforcement Agencies
460:710: Scope of Inspection Responsibility and Inspection Priorities
460.720: Property Transfer Lead Notification and Disclosure
460.725: Tenant Lead Law Notification and Disclosure
460:730: Procedures for Initial Inspection
460.735: Use of the Lead Determination Procedure by the State Program and Its Agents
460.740: Testing Methods
460.750: Notice of Initial Inspection Results and Results of Lead Determinations Conducted as Part of Code Enforcement Proceedings
460.751: Enforcement Deadlines According to Type of Case
460.760: Reinspection and Full Compliance
460.770: Reports to Director of State Program
460.800: Judicial Proceeding
460.900: Hearings

460.001: Purpose

105 CMR 460.000 is set forth for the purpose of interpreting and implementing M.G.L. c. 111, §§ 189A through 199B, the provisions of law establishing a statewide program for the prevention and control of lead poisoning.

460.002: Authority

105 CMR 460.000 is adopted under authority of M.G.L. c. 111, §§ 189A through l99B, and pursuant to the

provisions of M.G.L. c.30A, § 2.

460. 003: Citation

105 CMR 460.000 shall be known, and may be cited as 105 CMR 460.000: Lead Poisoning Prevention and Control.

460.020: Meaning of Terms

Terms shall have the meanings set forth in 105 CMR 460.020 when used in M.G.L. c. 111, §§ 189A through 199B and in 105 CMR 460.000, unless the context or subject matter clearly requires a different interpretation.

Abatement means the removal of paint, plaster or other accessible structural material containing dangerous levels of lead or the replacement of the architectural fixture or element containing paint or other accessible structural material containing dangerous levels of lead.

Accessible Mouthable Surfaces are interior or exterior architectural surfaces or fixtures five feet or less from the floor or ground that form a protruding corner or similar edge, or protrude ½ inch or more from a flat wall surface, or are free-standing so that a child may place his/her mouth on the surface or suck the surface. In general, "accessible, mouthable surfaces" refers to woodwork such as doors, door jambs, stairs and stairrails, etc. Baseboards with an exposed horizontal edge may have quarter round molding applied to the top so that only vertical edges forming outside corners, if present, constitute accessible, mouthable surfaces. Baseboards are the only architectural element which may have quarter round molding applied to them to render them non-accessible, non-mouthable surfaces.

105 CMR - 1922


Lattice work on a residential premises, including porches and/or free-standing or attached trellises are considered to be composed of accessible, mouthable surfaces, regardless of the dimensions of the individual lattice strips.

Masonry window sills of any type are considered accessible, mouthable surfaces when they are five feet or less from the floor or ground.

The following exterior surfaces are not considered to be accessible, mouthable surfaces: round support columns six inches or greater in diameter; clapboards or shingles including asbestos shingles, regardless of thickness or location; cornerboards, dripboards and skirts; and masonry surfaces, including but not limited to corners, edges and all parts of stairs of stone, brick, tile, concrete, cement, or stucco. Asbestos insulation, whether interior or exterior, is not considered to have accessible, mouthable surfaces.

A.S.T.M. means American Society for Testing and Materials, 1916 Race Street, Philadelphia, Pennsylvania 19103.

A.S.T.M. Standard Method C 676 means the Standard Method of Test for Detergent Resistance of Ceramic Decorations on Glass Tableware designated C 676-88 as published in the Annual Book of A.S.T.M. Standards, Volume 15.02, as from time to time amended.

A.S.T.M. Standard Method C 738 means the Standard Method of Test for Lead and Cadmium Extracted from Glazed Ceramic Surfaces designated C 738-81-(1988) as published in the Annual Book of A.S.T.M. Standards, Volume 15.02, as from time to time amended.

A.S.T.M. Standard Method C 997 means the Standard Method of Test for Lead and Cadmium Extracted from the Lip and Rim Area of Glass Tumblers Externally Decorated with Ceramic Glass Enamels designated C 927-80-(1985) as published in the Annual Book of A.S.T.M. Standards, Volume 15.02, as from time to time amended.

Blood Lead Level in Excess of the Level Considered Dangerous to a Child's Immediate Health means a concentration of lead in whole venous blood of 15 to 24 micrograms per deciliter, regardless of erythrocyte protoporphyrin level, in a child under six years of age. This definition shall be used for surveillance of children at immediate risk of lead poisoning. See 105 CMR 460.105(G)(2) and M.G.L. c. 111, § 197C(b).

Certifying Organization means an organization with the expertise, experience and other qualifications necessary to operate a certification program under which an encapsulant can be certified as conforming to applicable standards or specifications. A certifying organization authorizes the use of a controlled certification seal or mark as evidence of conformity.

Code Enforcement Agency means the State Lead Poisoning Prevention Program or its agent, or the local board of health or other agency responsible for enforcing the State Sanitary Code or sections thereof, adopted pursuant to M.G.L. c. 111, § 127A, and responsible, pursuant to M.G.L. c. 111, § 198, for enforcing M.G.L. c. 111, §§ 194, 194A, 196 and 197.

Commissioner means the Commissioner of Public Health appointed pursuant to M.G.L. c. 17, § 2.

Containment means the encapsulation, covering or enclosing by means authorized by the Director, of paint, plaster or other accessible structural material containing dangerous levels of lead.

Dangerous Level of Lead in Paint or Other Coating, Putty or Plaster means the level of lead in paint or other coating, putty, or plaster which materially endangers the health of children or adults by producing a substantial and serious danger of lead poisoning.

105 CMR -1923


Backtotop


Lead Test Kits

LEAD INSPECTOR®
Lead Test Kit Prices 

Fast UPS overnite delivery available.
Order now and get your kit tomorrow (extra charge). ALL KITS IN STOCK!

LIVE HELP /ORDER DESK: 1-800-268-5323
KIT SIZE: (Shipping only $4.99!) All In-Stock!

8 Test Pack (Test up to 8 items)
- Great for testing a few items in the home!

$12.99
Order Info!

24 Test Pack (Test up to 24 items)
- Great for testing most areas in the house!

$29.99
Order Info!

100 Test Pack (Test up to 100 items)
- Great for testing a whole house including all the toys etc! Our 'Best Value' Pack!

$49.99
Order Info!
Note: This super value pricing is an exclusive internet / phone offer!
Order a kit now by calling "toll-free" 1-800-268-LEAD (5323)
We ship same day! Shipping info? Canadian Prices?
Click here to place order online

Order Information?
Order Online Now!

Deleading Technology Task Force means the Task Force established by the Director pursuant to M.G.L. c. 111, § 192A to review, evaluate and recommend new methods to abate or contain paint or other accessible structural materials containing a dangerous level lead.

Director means the Director of the Childhood Lead Poisoning Prevention Program in the Department of Public Health.

Dwelling Unit means the room or group of rooms within a residential premises used or intended for use by one family or household for living, sleeping, cooking and eating. "Dwelling unit" includes a condominium.

Emergency Lead Management Plan means the entire interim control regulatory process, set forth at 105 CMR 460.105, beginning with risk assessment and extending through issuance of a Letter of Interim Control, monitoring and maintenance, recertification and repair and revocation, under which urgent lead hazards are addressed, in accordance with M.G.L. c. 111, § 197(b) and 105 CMR 460.105, until achieving full compliance with M.G.L. c. 111, § 197(c). and 105 CMR 460.110.

Encapsulant means a coating product applied in liquid form, with or without a structural reinforcement, that is formulated to be a long-lasting and resilient covering that forms an effective barrier over paint or other coatings containing a dangerous level of lead. Paint is not an encapsulant. Only those encapsulants that are listed on the Register of Approved Encapsulants may be used to contain lead hazards in compliance with 105 CMR 460.000.

Full Compliance means the abatement and/or containment of paint, plaster or other accessible structural material containing dangerous levels of lead in compliance with M.G.L. c. 111, § 197(c) and 105 CMR 460.110 and .760.

HEPA Filter Vacuum Cleaner means a vacuum cleaner equipped with a high efficiency particulate air (HEPA) filter capable of filtering out particles of 0.3 microns or greater diameter from a body of air at 99.97% efficiency or greater. Vacuum cleaners equipped with filters capable of filtering out particles of less than 0.3 microns diameter at 99.97% efficiency or greater may be substituted for HEPA filters vacuums.

Inspector, Code Enforcement. "Code Enforcement Inspector" means any lead inspector or authorized employee or agent of a code enforcement agency or of the State Program.

Inspector, Housing Agency. "Housing Agency Inspector" means an authorized employee or agent of a private non- profit or governmental housing program who conducts lead inspections.

Inspector, Private. "Private Inspector means any lead inspector other than a code enforcement inspector or housing agency inspector who has met the conditions specified in 105 CMR 460.400.

Intact Surface means a surface with no loose paint.

Interim Controls means all the temporary measures required by the risk assessment to be taken for a particular dwelling unit or residential premises to address urgent lead hazards until full compliance is achieved, in accordance with M.G.L. c., § 197(b) and 105 CMR 460.105.

Interim Control Period means the time period beginning with the issuance of a Letter of Interim Control for a particular dwelling unit or residential premises, and ending with the achievement of full compliance no later than two years from the date of the issuance of the Letter of Interim Control.




105 CMR- 1924




Laboratory Certification Protocol means that protocol issued and from time to time revised by the Director which establishes the standards, testing methodologies and/or reporting requirements for certifying all laboratories which perform erythrocyte protoporphyrin and/or lead analyses on blood samples taken from children under six years of age and/or which analyze environmental samples including but not limited to paint or other coatings, or dust pursuant to 105 CMR 460.000.

Lead-based in regard to putties, paints, glazes and other surface coatings means that the coating contains a dangerous level of lead. In regard to a glaze or enamel on a glass, ceramic, porcelain or porcelain-coated cooking, eating or drinking utensil, or a porcelain-coated household appliance or fixture, lead-based means that when tested by A.S.T.M. Standard Method C 738, the results are greater than 2 parts per million (ppm) lead.

Lead Determination means the procedure of testing a single residential surface for the presence of lead using either a mobile x-ray fluorescence analyzer or a six to eight percent solution of sodium sulfide as detailed at

105 CMR 460.740.

Lead Determination Enforcement Prodecure means the procedure under which State Program and local lead poisoning prevention program inspectors who are agents of the State Program may issue an Order to Correct Violation(s) if one or more positive lead determinations are made when testing a minimum of five residential surfaces, pursuant to 105 CMR 460.735.

Lead Inspection means the procedure for testing for lead all applicable residential surfaces pursuant to 105 CMR 460.730, using either a mobile x-ray fluorescence analyzer and/or a 6 to 8% solution of sodium sulfide as detailed at 105 CMR 460.740. A lead inspection may include an assessment of the suitability of individual surfaces or fixtures for encapsulation, including substrate and coating conditions and function in regard to impact, friction, abrasion, weathering or other factors, and in cases in which an unlicensed owner or owner's agent plans to apply encapsulants pursuant to 105 CMR 460.175, such an assessment must include all tests required by 105 CMR 460.730. Upon the request of the owner, the lead inspection shall include a designation of all low-risk abatement and/or containment activities that may be conducted by an owner or owner's agent pursuant to 105 CMR 460.175. A lead inspection, if conducted by a risk assessor, may be accompanied by a risk assessment for determining appropriate interim control measures that may be taken on a temporary basis, in accordance with 105 CMR 460.105.

Lead Poisoning is a disease present in a child when the child has a concentration of lead in whole venous blood of:

Letter of Full Compliance means a written statement signed, dated and issued by a code enforcement, housing agency or private lead inspector certifying that as long as there continues to be no loose lead paint or other leaded structural material, and as long as coverings, including encapsulants, forming an effective barrier over lead paint remain in place, that a residential premises or dwelling unit and common areas are:

Letter of Interim Control means a written statement signed, dated and issued by a risk assessor, certifying that as long as there continues to be no urgent lead hazards; as long as any safeguards coverings, including encapsulants, forming an effective barrier over lead paint, remain in place and as long as the residential premises or dwelling unit is maintained in accordance with the Emergency Lead Management Plan, a residential premises or dwelling unit and common areas are determined to be in compliance with, for the limited time period allowed by, M.G.L. c. 111, § 197(b) and 105 CMR 460.105, and also in compliance with, as applicable, the provisions of 105 CMR 460.115 and .135 and/or .120 and/or .130 and/or .140; .160; .170; .175; .760, and 454 CMR 22.00.



105 CMR- 1925



Loose Paint means peeling, flaking, or chipping paint; paint over crumbling, cracking or falling plaster or plaster with holes in it; or paint that is damaged in any manner such that a child can get paint from the damaged areas.

Managing Agent means the person or entity designated by the owner of a residential premises or dwelling unit to whom rent is to be paid regularly.

Owner means any person who alone or jointly or severally with others:

(a) legal title to any premises;

(b) has charge or control of any premises as an agent who has authority to expend money for compliance with the state sanitary code, executor, administrator, trustee or guardian of the estate of the holder of legal title;

(c) an estate or trust of which such premises is a part, or the grantor or beneficiary of such an estate or trust; or

(d) is the association of unit owners of a condominium or cooperative, which shall be considered an owner solely with respect to common areas and exterior surfaces and fixtures of such condominium or cooperative. No bank, lending institution, mortgage company or mortgagee except where such mortgagee takes actual possession and acquires legal title of the residential premises pursuit to applicable law, shall be considered an owner. See 105 CMR 460.100(C).

Owner's agent means an owner's employee or contractor who does not hold a deleader's license or certificate, who is 18 years of age or older, who performs on the owner's property, after successful completion of training, low-risk lead abatement and/or containment activities pursuant to 105 CMR 460.175, as well as the provisions of 105 CMR 460.110; .130; .135; .140; .150; .160; and .760, and/or who carries out the obligations authorized to be performed by an owner's agent with regard to a unit that meets the conditions of a Short Term Vacation or Recreational Rental Exemption pursuant to 105 CMR 460.100(D).

Previously Reported Case of Lead Poisoning. In regard to cases of lead poisoning, "previously reported" means that an episode of lead poisoning in a child was identified or confirmed by the State Program based on a blood sample analyzed by the State Laboratory for Lead and Lead Poisoning Detection, or analyzed by a laboratory certified pursuant to the Laboratory Certification Protocol, and the blood sample was accompanied by a completed laboratory form prescribed by the Director, known as a bloodslip.

Prospective Tenant(s) means the person(s) who is about to enter into a written or oral agreement with an owner to rent, for the first time, a particular dwelling unit or residential premises.

Register of Approved Encapsulant means a list of encapsulants, issued and from time to time revised by the Director, that are approved for use to achieve compliance with 105 CMR 460.000. Encapsulants not listed on the Register may not be used in compliance with 105 CMR 460.000. The Register indicates any encapsulant-specific restrictions including but not limited to use, application or occupancy during or following application. Use of approved encapsulants must conform to any restrictions indicated on the Register.

Residential Premises or Residential Property means every building or shelter constructed prior to 1978, used or intended for human habitation, including exterior surfaces and all common areas thereof, and all other property, including other structures located within the same lot line whose existence causes or is likely to affect noncompliance with the provisions of 105 CMR 460.000. Residential premises are comprised of one or more dwelling units.

Risk Assessment means the procedure for determining and reporting the existence, extent and location of urgent lead hazards in residential premises or dwelling units, and prescribing required measures to be taken for proper interim control. A risk assessment shall include a lead inspection; identification of urgent lead hazards; when appropriate, dust sampling; provision of a risk assessment report detailing the results of the risk assessment, and development of measures for correcting urgent lead hazards in the unit.




105 CMR - 1926




Risk Assessor means any lead inspector who has met the conditions specified in 105 CMR 460.400 and is licensed as a risk assessor to conduct risk assessments.

Rooming House means every dwelling or part thereof that contains one or more rooming units in which space is let or sublet for compensation by the owner or operator to four or more persons not within the second degree of kindred to the person compensated. Rooming unit shall mean the room or group of rooms let to an individual or household for use as living and sleeping quarters. Boarding houses, hotels, inns, lodging houses, dormitories and other similar dwelling places shall be included under this definition.

State Laboratory for Lead and Lead Poisoning Detection means the laboratory established by the Commissioner pursuant to M.G.L. c. 111, § 195, in the Childhood Lead Poisoning Prevention Program, Institute of Laboratories, Department of Public Health, for the purpose of analyzing blood specimens from children for the presence of lead; and analyzing samples of paint, plaster, and other materials, within the laboratory or on site with mobile units, for dangerous levels of lead.

105 CMR- 1926.1



State Program means the Childhood Lead Poisoning Prevention Program established by the Department of Public Health pursuant to M.G.L. c. 111, § 190.

State Register of Historic Places means the list of historic and archaeological properties of the Commonwealth, as defined in M.G.L. c. 9, § 26C and at 950 CMR 71.03.

State Sanitary Code means the regulations adopted by the Department of Public Health pursuant to M.G.L. c. 111, § 127A. See 105 CMR 400.000 and 410.000.

Structural Defects means leaks, deteriorations or ruptures in structural components that permit the entry of water that causes the deterioration of lead paint, plaster or putty, or dry rot or insect damage that causes the deterioration of lead paint, plaster or putty. These include, but are not limited to, roof, soffit, plumbing, flashing and gutter leaks.

Structural Repairs means measures taken to correct structural defects that result in substrate and/or moisture problems that cause or contribute to the creation of urgent lead hazards, including, but not limited to, roof repairs, plumbing repairs and repairs to flashing and gutters. Structural repairs also includes repairs to return windows to operable condition, but does not include abating or containing lead hazards on any window surface.

Urgent Lead Hazards means loose paint, plaster or putty containing dangerous levels of lead; conditions requiring safeguards under 105 CMR 460.105(A)(3); dust with lead levels in excess of acceptable standards under 105 CMR 460.170, and structural defects.

Work area means a room or interior or exterior common area within which the unlicensed owner or agent is performing low-risk abatement or containment activities pursuant to 105 CMR 460.175. When a door is being abated or contained, the work area shall include the adjoining room or hallway on each side of the door. When a common area hallway is being abated or contained, the work area shall include all the contiguous space of the hallway on that floor or at a maximum, ten feet in either direction beyond the surfaces being abated or contained. When exterior abatement and/or containment is taking place, the work area shall include ten feet in either direction beyond the area being abated or contained.

X-Ray Fluorescence Analyzer. For detection of dangerous levels of lead in paint, "X-Ray Fluorescence Analyzer" means any mobile instrument which measures lead concentration in milligrams per square centimeter (mg/cm2) by measuring activity of lead electrons activated by a radioactive source within the machine.

460.040: Mandatory Reporting of Cases of Lead Poisoning

Pursuant to M.G.L. c. 111, § 191, physicians, other health care providers, and private laboratories shall report all cases of childhood lead poisoning known to them to the Director within three working days of identification, unless previously reported. Should a child suffer multiple episodes of lead poisoning, each episode must be reported.

460.050: Mandatory Lead Poisoning Screening Schedule

105 CMR - 1927



    (C) Children shall be assessed at their next regularly scheduled preventative pediatric appointment to determine whether or not they are at high risk for lead poisoning. Criteria which may indicate high risk include:

      (1) Living in housing constructed prior to 1978 containing paint in poor condition i.e., peeling, chipping or flaking paint, or broken or crumbling plaster, or

      (2) Living near lead smelting or processing plants or other point sources of lead contamination, or having parents or other household members who work in a lead-related occupation or have a lead-related hobby; or

      (3) Having siblings, housemates or playmates who are lead poisoned, or

      (4) Living in housing constructed prior to 1978 which is undergoing renovation significantly likely to disrupt painted surfaces.

    (D) Those children who are prudently deemed to be at high risk for lead poisoning under criteria cited in 105 CMR 460.050(C)(1) or (C)(2) or (C)(3) shall be screened:

      (1) At least every six months between the ages of six months and 36 months; and

      (2) Annually, between the ages of 37 months and 72 months.

    (E) Children who are assessed to have a high risk status under the criterion cited at 105 CMR 460.050(C)(4) shall be screened at least every three months during the renovation and once after completion of the process.

    (F) All children who do not meet any of the high risk criteria shall be screened once between the ages of nine and 12 months and annually thereafter until the age of 48 months.

    (G) Children must present evidence of having been previously screened for lead poisoning as a condition for entry to kindergarten.

460.060: Reimbursement for Screening Conducted Pursuant to the Mandatory Lead Poisoning Screening Schedule

in l05 CMR 460.050

The following lead poisoning screening services shall constitute the screening for lead poisoning required to be covered under policies of insurance as provided by M.G.L. c. 175, § 47C, hospital service contracts as provided by M.G.L. c. 176A, § 8B, medical service contracts as provided by M.G.L. c. 176B, § 4C, and health maintenance contracts as provided by M.G.L. c. 176G, § 4, and shall be reimbursable:

460.070: Universal Reporting of Erythrocyte Protoporphyrin and Blood Lead Results

Laboratories which analyze blood specimens drawn pursuant to 105 CMR 460.050 for lead and erythrocyte protoporphyrin shall report all results to the State Program. This requirement shall apply to analyses performed in all laboratories other than those in the State Program. Such reports shall be made within one week of the analysis. Laboratories reporting results of lead and erythrocyte protoporphyrin analyses on 50 or more blood specimens a month shall submit such data electronically, including but not limited to on computer disks or via modem. Laboratories making fewer than 50 reports are encouraged to submit such data electronically, but may use forms supplied by the State Program or any other method acceptable to the State Program.

105 CMR - 1928



460. 100: Duty of Owner(s) of Residential Premises

105 CMR- 1929



460 105: Lead Violations: The Emergency Lead Management Plan and Interim Control

Unless ineligible under 105 CMR 460.100, the owner of a dwelling unit may obtain a Letter of Interim Control and delay full compliance for the interim control period, provided the following conditions of the Emergency Lead Management Plan are met.

105 CMR- 1930

105 CMR- 1931



105 CMR - 1932

105 CMR - 1933

105 CMR- 1934

105 CMR.-.1935

460.110: Lead Violations: Abatement and Containment Requirements

460 l15: Process for Approval of Encapsulant for the Abatement of Lead Paint

460.120: Methods of Removal

Lead-based paint, plaster, putty or other material shall be removed by the following methods:

    (A) Loose paint, plaster, or putty on ceilings, woodwork, walls, and any other surfaces: Remove all lead-based paint, putty, varnish, or other coating, including any film, down to bare substrate (plaster, wood, metal, wallboard, etc.). Patch and seal plaster. The substrate must be sanded in accordance with 105 CMR 460.120(C).

    (B) Intact paint or putty on those window surfaces indicated in 105 CMR 460.110(B)(2) and on accessible, mouthable surfaces: Remove all lead-based paint and putty on those window surfaces indicated in 105 CMR 460.110(B)(2); and below five feet from floor or ground and four inches in from all accessible, mouthable edges, down to bare wood or other substrate. The entire paint, varnish or other coating, including any film, must be removed to the bare substrate, and the substrate sanded in accordance with 105 CMR 460.120(C).



    105 CMR - 1937



    (C) Only the following methods are permissible for removal of lead-based paint. See 105 CMR 460.160 and 454 CMR 22.00 for safety precautions and work requirements.

      (1) Wire brushing or wet scraping alone or with the aid of a non-flammable solvent or abrasive compound not containing methylene chloride. Dry scraping, while permitted, is generally not recommended because of its dust- generating character.

      (2) Hand sanding or machine sanding using a sander equipped with a HEPA filter vacuum to feather edges and prepare substrate for repainting or sealing.

      (3) Controlled, low-level heating element which produces a temperature not exceeding 1,000°F.

      (4) Needle gun.

      (5) Dip-tank solvent (off-site).

      (6) For exterior use only: abrasive blasting using a wet-misting technique or simultaneous vacuuming system.

    (D) All methods not listed in 105 CMR 460.120 are prohibited for use in lead paint removal, including but not limited to:

      (1) Torch or flame burning.

      (2) Dry abrasive blasting using sand, grit or any other particulate except as indicated in 105 CMR 460.120(C)(6).

      (3) On-site use of methylene chloride or solutions containing methylene chloride.

      (4) Use of potassium or sodium hydroxide-based solutions, except in paste forms on interior surfaces in compliance with 454 CMR 22.00.

      (5) Machine sanding except as indicated in 105 CMR 460.120(C)(2).

    (E) For properties listed on the State Register of Historic Places, the following methods, usually in combination, may be appropriate depending on the substrate and its condition. Any method can cause damage to the substrate if used improperly. Testing of products and strict controls on workmanship are recommended.

      (1) Softening paint with heat guns, heat plates, or steam.

      (2) Stripping with solvent-based, non-caustic chemical solutions.

      (3) Scraping, without gouging woodwork.

      (4) Sanding, by hand, to finish.

      (5) Mechanical sanding with orbital sander with HEPA filter attachment, only as a finishing or smoothing tool.

      (6) Mechanical sanding with belt sander with HEPA filter attachment, only on a flat surface and by a skilled operator.

      (7) Abrasive blasting with sand or other gritty substances, when used with a wet misting technique or simultaneous vacuuming system, only in the following situations:

        (a) Industrial interior masonry or wood surfaces without significant design, detailing, tooling, or finish.

        (b) Cast and wrought iron and steel.

        (c) Concrete.

        (d) Delicate abrasive cleaning supervised by an architectural conservator.

    (F) All leaded materials and/or lead residues shall be disposed of in accordance with applicable regulations of the Department of Environmental Protection, and all applicable federal regulations including but not limited to those of the Department of Housing and Urban Development and the Environmental Protection Agency, and all applicable local regulations and ordinances.












105 CMR- 1938


460.130: Methods of Containment Using Rigid or Flexible Coverings

460.135: Methods of Containment Using Encapsulants

    (A) Intact interior surfaces may be encapsulated for purposes of compliance with M.G.L. c. 111, § 197 by Level II Deleaders licensed pursuant to 454 CMR 22.00, or by unlicensed owners and owners' agents in compliance with 105 CMR 460.175. Only Level II Deleaders shall remove loose paint, plaster or putty on surface determined to be suitable for encapsulation, in order to make such surfaces intact, and conduct any other dust-generating surface preparation required, including, when recommended by manufacturers, the dry scraping of intact surfaces of doors, for purposes of encapsulating to comply with M.G.L. c. 111, § 197. All manufacturers' and certified training providers' instructions for the preparation of surfaces for encapsulation shall be carefully followed.

    (B) If a licensed Level II Deleader will be applying the encapsulant, he/she shall make the final determination of which surfaces determined to be eligible for encapsulation by a licensed inspector may be encapsulated. If an unlicensed owner or owner's agent will be applying the encapsulant, in accordance with 105 CMR 460.175, the owner or owner's agent may exclude surfaces determined to be eligible for encapsulation by a unlicensed inspector, but in no case may an owner or owner's agent encapsulate any surface that was not first determined to be eligible for encapsulation by a licensed inspector. In all cases, the determination of which surfaces may be encapsulated shall be made in accordance with the following criteria and procedures:

    (C) Encapsulation shall be performed on intact surfaces as follows:

      (1) Clean and degloss surfaces to prepare for encapsulation in accordance with manufacturers' directions and as instructed by certified training providers, in the case of licensed Level II Deleaders, or in accordance with manufacturers' directions and as instructed by training required of unlicensed owners and owners' agents pursuant to 105 CMR 460.175.

      (2) To ensure the long-term stability of encapsulated surfaces, architectural cements or fixtures, such as window aprons, casings, including headers, walls or baseboards, that meet the definition of accessible, mouthable surfaces, shall be encapsulated in their entirety rather than only to a height of five feet, four inches in from each edge. If an encapsulant is used on a wall, the entire wall must be encapsulated. If an encapsulant is used on a baseboard the entire length of the baseboard from inside corner to inside corner, including any intervening outside corners, must be encapsulated.

      (3) Prepare and apply encapsulation products as recommended by the manufacturer.

    (D) All leaded materials and/or lead residues generated through surface preparation for encapsulation, as well as all encapsulant debris generated through the application process and any unused encapsulant not suitable for application, shall be disposed of in accordance with the manufacturers' instructions, where applicable, and with applicable regulations of the Department of Environmental Protection, all federal regulations including but not limited to those of the Department of Housing and Urban Development and the Environmental Protection Agency, and all applicable local regulations and ordinances.

460.140: Methods of Replacement

Lead-painted woodwork or any other architectural element or fixture accessible to children: Remove woodwork or other elements or fixtures and replace with new woodwork, elements or fixtures finished with lead-free materials. Unlicensed owners and owners' agents acting pursuant to 105 CMR 460.175 may remove doors, cabinet doors, shutters and other elements as approved by the Director by disengaging their hinge pins or removing their hinges. They also may either replace them with new doors and shutters finished with lead-free materials, encapsulate them, have them stripped offsite by a licensed deleader, or have the paint removed offsite in a chemical diptank under approved safety conditions. Any paint debris that comes off doors and shutters in the process of their removal must be cleaned up by the person removing the doors and shutters, in accordance with procedures described in training and educational materials approved by the Director for owner/agent low-risk abatement and containment. Spaces once occupied by doors of egress from residential premises or dwelling units that have been removed for deleading purposes by either licensed deleaders or unlicensed owners or owners' agents must be secured immediately. Unlicensed owners and owners' agents may not remove any other architectural elements or fixtures. Permanent removal and destruction of historic architectural features is not recommended. See 105 CMR 460.150(B). Care must be taken so that leaded materials are neither burned nor result in further exposure to children. All leaded materials shall be disposed of in accordance with applicable regulations of the Department of Environmental Protection, all federal regulations including but not limited to those of the Department of Housing and Urban Development and the Environmental Protection Agency, and all local laws, regulations and ordinances.










105 CMR - 1940



460 150: Notification of Abatement and/or Containment Activity

460.160: Safety Precautions and Cleanup Procedure in Areas Undergoing Deleading and Interim Control Work

105 CMR- 1941

460.170: Lead Dust Monitoring

105 CMR - 1942

460.175: Low Risk Abatement and Containment Activities by Unlicensed Owners and Owners' Agents; Training of Unlicensed Owners and Owners' Agents

105 CMR - 1943


460. 180: Owners in Violation Subject to Damages

105 CMR - 1944





460.190: Punishable Violations

460.200: Acts Made Illegal under M.G.L. c. 111 § 196

Pursuant to M.G.L. c. 111, § 196:

460.210: M.G.L. c. 111. §