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

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.

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.

(A) When present in paint or coatings offered for sale, a dangerous level of lead shall be deemed to be 600 parts per million or greater as measured by atomic absorption spectrophotometry.

(B) When present in a dried film including but not limited to paint, glaze, stain, or varnish on walls, woodwork, or surfaces or articles, or in plaster, putty or other substance in residential premises, a dangerous level of lead shall be deemed to be the following:

(1) a positive reaction with a 6% to 8% sodium sulfide solution indicative of more than .5% lead by dry weight; or

(2) more than 1.2 milligrams lead per square centimeter of surface as measured on site by a mobile x-ray fluorescence analyzer or comparable equipment.

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?

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.

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:

(A) 25 micrograms per deciliter or greater, with an erythrocyte protoporphyrin (E.P.) level in whole blood of 35 micrograms per deciliter or greater, or

(B) 40 micrograms per deciliter or greater, regardless of E.P. Level.

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:

(A) Determined upon initial inspection to be in full compliance with M.G.L. c. 111, § 197 and 105 CMR 460.110; or

(B) Determined through reinspection(s) to be in full compliance with M.G.L. c. 111, § 197 and 105 CMR 460.110; .115 and .135 and/or .120 and/or .130 and/or .140, .160; .170; .175; .760; and 454 CMR 22.00.

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.

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.

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.

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

(A) Health Care Provider Applicability. Pursuant to M.G.L. c. 112, § 12BB:

(1) Each physician duly registered under the provisions of M.G.L. c. 112, §§ 2, 2A, 9, 9A or 9B shall screen patients for lead poisoning at the intervals and using the methods specified in 105 CMR 460.050; and

(2) Each licensed, registered or approved health care facility serving children under six years of age, including but not limited to hospitals and clinics licensed under the provisions of M.G.L. c. 111, § 51 shall take appropriate steps to ensure that their patients receive such lead poisoning screening; and

(3) Each health maintenance organization licensed under the provisions of M.G.L. c. 176G shall take appropriate steps to ensure that its patients receive such lead poisoning screening.


(B) Screening shall be conducted in conformity with the Capillary Blood Sample Protocol.

(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:

(A) Conduct of the lead poisoning risk assessment pursuant to 105 CMR 460.050(C).


(B) Completion of the laboratory form known as a bloodslip.


(C) Drawing of the blood specimen pursuant to 105 CMR 460.050(B).


(D) Packaging and handling of the blood specimen including postage costs for mailing the specimen to the laboratory.


(E) Analysis of the blood specimen for lead level by atomic absorption spectrophotometry or any other method approved by the Clinical Laboratory Improvement Amendments of 1988, Public Law 100-578, to section 353 of the Public Health Service Act, 42 U.S.C. 263a, and for erythrocyte protoporphyrin by fluorometry, either through the measurement of zinc protoporphyrin or by extraction.

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.

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

(A) Except as provided in 105 CMR 460.100(B) through (D), the owner(s) of a dwelling unit or residential premises containing dangerous levels of lead in any paint, plaster or other accessible structural material are required to obtain a Letter of Full Compliance or a Letter of Interim Control, in the following circumstances:

(1) A child under six years of age resides therein, whether or not the residential premises have been inspected pursuant to M.G.L. c. 111, § 194 or otherwise; or

(2) The owner(s) receive an order to delead pursuant to M.G.L. c. 111, § 194 because a child under six years of age resides therein or a child under six years of age who is lead poisoned as defined at 105 CMR 460.020 has resided therein within the past 12 months.

(3) The owner(s) receive an order to delead pursuant to M.G.L. c. 111, § 194 because a child under six years of age who is lead poisoned as defined at 105 CMR 460.020 resides therein, in which case he/she shall be required to abate and/or contain the lead-based paint, plaster or other accessible structural material in a unit to achieve full compliance, and shall not be eligible for interim control. The Director may grant exceptions to the ineligibility for a Letter of Interim Control pursuant to specified conditions established on a case-by-case basis.

(4) The owner(s) receive an order to delead pursuant to M.G.L. c. 111, § 194 because a child under six years of age who is lead poisoned resided therein within the last 12 months.

(B) Whenever any residential premises containing dangerous levels of lead in paint, plaster or other accessible structural material undergoes a change of ownership and as a result a child under six will become or will continue to be a resident therein, the new owner shall have 90 days after becoming the owner to obtain a Letter of Full Compliance or a Letter of Interim Control, except that if a child under six years of age who is lead poisoned resides therein, the owner shall not be eligible for interim control, unless the Director grants a waiver pursuant to 105 CMR 460.100(A)(3).


(C)

(1) A bank, lending institution, mortgage company or mortgagee shall be considered an owner for purposes of 105 CMR 460.000 whenever it takes actual physical possession and acquires legal title of the residential premises pursuant to applicable law.

(2) A bank, lending institution, mortgage company or mortgagee shall within ninety days after acquiring legal title to a residential premises in which a child under six years of age resides, either:

(a) obtain a Letter of Full Compliance, or obtain a Letter of Interim Control, except that if a child under six years of age who is lead poisoned resides therein, the owner shall not be eligible for interim control, unless the Director grants a waiver pursuant to 105 CMR 460.100(A)(3); or

(b) transfer the property in compliance with the Property Transfer Lead Notification and Disclosure Procedure at 105 CMR 460.720.


(D) Short Term Vacation or Recreational Rental Exemption from the Obligation to Abate and/or Contain Paint, Plaster or Other Accessible Structural Material Containing Dangerous Levels of Lead.

(1) The owner(s) of a dwelling unit, including but not limited to a private residence, condominium, hotel, motel or bed and breakfast establishment that is leased, rented or occupied for vacation or recreational purposes for a period of 31 days or less shall not be required to obtain a Letter of Full Compliance or a Letter of Interim Control, when a child under six years of age is an occupant, upon meeting and maintaining the following conditions:

(a) The owner or owner's agent shall visually inspect at least annually all of the interior surfaces and the exterior casing, sash and sill of all windows of the particular dwelling unit, but not interior common areas if present, to ensure that there is no cracked or otherwise deteriorated plaster or putty or peeling, chipping or flaking paint.

(b) Any peeling, chipping or flaking paint, deteriorated plaster or putty shall be made intact according to the procedures of the Protocol for Maintaining Intact Paint issued by the Director.

(c) The owner or owner's agent shall provide a copy of the Short Term Vacation Rental Notification (Vacation Rental Notification) issued by the Director to each tenant with a child under six years of age.

(d) The owner or owner's agent shall date the Vacation Rental Notification to indicate when the visual inspection was conducted and all paint, plaster and putty was intact on relevant surfaces of the dwelling unit, indicated at 105 CMR 460.100(D)(l)(a).

(e) The owner or owner's agent shall indicate on the Vacation Rental Notification the number of days for which the dwelling unit is rented.

(f) The owner shall write his or her telephone number on the Vacation Rental Notification so that the tenant may contact the owner for prompt repair of any deteriorated paint, plaster or putty on relevant surfaces indicated at 105 CMR 460.100(D)(l)(a). The owner may substitute the name and telephone number of an agent who is authorized to repair non-intact paint, plaster or putty.

(g) The owner or owner's agent and tenant shall sign and date the Vacation Rental Notification and retain a copy. If the owner or owner's agent has provided the tenant with the Vacation Rental Notification but the tenant refuses to sign the Vacation Rental Notification, the owner or owner's agent may attach to the Vacation Rental Notification a statement that the tenant has received the Vacation Rental Notification but the tenant has refused to sign it.

(h) If loose paint, plaster or putty is present on relevant surfaces of the dwelling unit, indicated at 105 CMR 460.100(D)(1)(a), or the owner fails to provide the Vacation Rental Notification in accordance with 105 CMR 460.100(D)(l)(c) through (g), the owner is not exempt from the requirements for abatement or containment at 105 CMR 460.100 or for interim control at 105 CMR 460.105 or liability for damages at CMR 460.180.


(2) An owner who complies with 105 CMR 460.100(D)(1)(a) through (g) may rent a dwelling unit under the Short Term Vacation or Recreational Rental Exemption for as many periods of 31 days or less as he or she may choose, provided that the same tenant with a child under six years of age does not occupy the same dwelling unit for a period of more than 31 days in any 12-month period.


(3) An owner who complies with 105 CMR 460.100(D) is exempt from compliance with Tenant Lead Law Notification and Disclosure pursuant to 105 CMR 460.725.


(E) The owner of a dwelling unit having fewer than 250 square feet of floor space, calculated on the basis of total habitable room area, or which is used as a rooming house, is exempt from the requirements of M.G.L. c. 111, §§ 189A through 199B and 105 CMR 460.000, provided that no child under six years of age occupies said dwelling unit.

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.

(A) Risk Assessment. A licensed risk assessor shall conduct a risk assessment of the dwelling unit and a relevant common areas upon the request of the owner, to identify urgent lead hazards and specify the measures necessary for interim control; The risk assessment shall be performed as follows.


(1) Identification of Loose Lead Paint. The risk assessor shall conduct an initial lead inspection pursuant to 105 CMR 460.730. As the lead inspection is performed, the risk assessor shall carefully observe and record the condition of lead paint and shall record any loose lead paint, plaster or putty on the risk assessment report. If an initial lead inspection was previously performed by another lead inspector after July 1, 1990, the risk assessor may use that lead inspection report. The following interim control measures shall be identified.

(a) Any loose lead paint, plaster or putty must be made intact wherever they are found, except as provided under 105 CMR 460.105(A)(1)(b) through (e).

(b) If 25% or more of any architectural element (other than a wall, floor, or ceiling), such as a door, door jamb, casing, or newel post, has loose lead paint, plaster or putty, or is rotted or is otherwise defective, the risk assessor shall record on the risk assessment report that the architectural element must be replaced, contained or abated in its entirety.

(c) In the case of windows, if more than 25% of the total surface area of the sash, including the interior and exterior paint, plaster or putty, the risk assessor shall record on the risk assessment report that the particular element(s) of the window must be abated or replaced.

(d) Windows containing dangerous levels of lead must be in good functioning condition. This may be determined by opening and closing the upper and lower sash several times. If any paint chips, flakes, plaster or putty containing dangerous levels of lead fall from the sash, the risk assessor shall record on the risk assessment report that the window must be replaced or abated in its entirety, even if less than 25% of the total surface area of the sash has loose paint, plaster or putty.

(e) If there is any loose paint, plaster or putty on any interior window sill, the risk assessor shall record on the risk assessment report that the sill must be abated, contained or replaced.

(f) In order to retard future deterioration of paint containing dangerous levels of lead, any architectural element that has had loose paint, plaster or putty abated by any means, or made intact by wet or dry scraping, must be repainted pursuant to 105 CMR 410.000: The State Sanitary Code. See 105 CMR 460.110. Repainting shall be completed following the issuance of a Letter of Interim Control.

(2) Identification of Structural Defects. During the conduct of the risk assessment, the risk assessor shall look for indications of structural defects, such as roof or soffit leaks, or problems such as plumbing leaks that result in water infiltration causing paint deterioration. Such indications may include, but are not limited to, the presence of loose paint, plaster or putty accompanied by water stains, deteriorated plaster, wallpaper delamination, rotted or severely weathered wood or deteriorated masonry appearing on walls, ceilings, floors, windows, window sills or other architectural elements. The risk assessor shall record in the risk assessment report the evidence of any such structural defect. Whenever possible, the risk assessor shall also record on the risk assessment report the type of structural defect. The apparent or probable location of the structural defect(s) must be recorded in the risk assessment report, but the risk assessor is not required or expected to examine a roof, soffit, or other potentially defective structural component that is not readily accessible without the use of a ladder. All structural defects must be repaired as a condition of the Emergency Lead Management Plan, 105 CMR 460.105(A).

(3) Safeguards:

(a) If windows containing dangerous levels of lead do not function properly due to broken weight cords, or having been painted or otherwise fixed shut, or for any other reason, the risk assessor shall record on the risk assessment report that the windows must be repaired to good functioning condition.

(b) If the sash, or the interior or exterior stops, including the header stops, or the parting beads, or the bottom of the window well contain dangerous levels of lead, the bottom of the well must be covered with a well-fitted flashing made of metal or vinyl with each edge caulked so that the window well is readily cleanable, except that window wells with smooth, cleanable bottom surfaces do not have to be flashed. The licensed risk assessor shall record on the risk assessment report which window wells must be flashed.

(4) Dust Sampling. Dust samples shall be taken according to the Lead Dust Monitoring Protocol at least once as part of the risk assessment or risk assessment reinspection process. Dust samples shall be taken at the conclusion of the risk assessment if all lead paint is intact on sound substrates and no structural repair or replacement, containment or abatement of architectural elements is required. If any structural repair, replacement, abatement or containment is required, dust samples shall be taken during the risk assessment reinspection. Any room or interior area in which one or more surfaces does not meet acceptable dust lead levels required by 105 CMR 460.170(B) must be cleaned in its entirety. If the risk assessment reinspection is a reoccupancy reinspection, then the entire unit must be cleaned if one or more surfaces does not meet acceptable dust lead levels required by 105 CMR 460.170(B).

(B) Performance of Work. All work necessary to meet the requirements of the Emergency Lead Management Plan, 105 CMR 460.105(A)(1) through (4), must be performed in the following manner:

(1) Structural repairs may be performed by an owner or agent.

(2) Loose paint, plaster or putty must be made intact by a licensed deleader

(3) Architectural elements must be abated by a licensed deleader, with the exception of doors, cabinet doors and shutters, which may be removed and replaced by an owner or agent pursuant to 105 CMR 460.175.

(4) Containment of architectural elements may be performed by an owner or agent pursuant to 105 CMR 460.175.

(5) Cleaning to achieve the dust lead levels required by 105 CMR 460.170, and cleaning after the completion of structural repairs that disturb lead paint may be performed by an owner or agent in accordance with procedures described in educational materials approved by the Director. The cleaning required by 105 CMR 460.160(D) after the completion of active, dust-generating abatement and containment activities, including any activity necessary to make loose lead paint, plaster or putty intact, must be performed by a licensed deleader.

(C) Risk Assessment Reinspection

(1) Risk assessment reinspection(s) shall be conducted to ensure that all interim controls recorded on the risk assessment report as being necessary to meet the conditions of the Emergency Lead Management Plan, 105 CMR 460.105(A), and 105 CMR 460.105(B) have been completed. Unless dust samples were taken during the risk assessment and the results met acceptable dust lead standards pursuant to 105 CMR 460.170(B), dust samples shall be taken in accordance with the Lead Dust Monitoring Protocol issued and from time to time revised by the Director, at the conclusion of at least one risk assessment reinspection. Using the risk assessment report, the risk assessor shall visually inspect each indicated surface to determine that interim controls have been completed. The owner shall supply the risk assessor with a written statement that the owner or his agent has completed any recorded structural repair, on a form approved by the Director.

(2) If loose lead paint, plaster or putty had to be made intact or architectural elements had to be abated by a licensed deleader, requiring occupants to be out of the unit entirely during the duration of the work, pursuant to 105 CMR 460.160(A)(4), the risk assessment reinspection shall constitute the reoccupancy reinspection, and any additional requirements of 105 CMR 460.760(A) not included in 105 CMR 460.105(C) shall also be met.

(3) If low-risk abatement and/or containment was carried out by an owner or agent in accordance with 105 CMR 460.175 following the risk assessment reinspection, the risk assessor shall conduct an owner/agent deleading reinspection pursuant to 105 CMR 460.760(B) at the conclusion of the owner or agent's work.


(D) Issuance of a Letter of Interim Control. In order to obtain a Letter of Interim Control, the owner shall complete all interim controls necessary to meet the Emergency Lead Management Plan requirements, and must also meet the documentation requirements set forth in 105 CMR 460.105(D)(1). A Letter of Interim Control must be issued to qualify for that portion off the state income tax credit set aside for interim control under 830 CMR 62.6.2: Lead Paint Removal Credit.

(1) Requirements.

(a) Documented use of risk assessors authorized under 105 CMR 460.000, deleaders licensed under 454 CMR 22.00, and in cases in which an unlicensed owner or owner's agent has performed low-risk abatement and/or containment activities, compliance with 105 CMR 460.175.

1. Documentation of authorized risk assessment and reinspection shall consist of risk assessment reports, and risk assessment reinspection reports completed by licensed risk assessors.

2. Documentation of authorized abatement and/or containment work shall consist of an invoice on the professional letterhead of a licensed deleader with his/her deleader's license number and a signed statement that he/she has fully complied with the following requirements:

a. Performed all work in compliance with 454 CMR 22.00.

b. Used an encapsulant specifically listed on the Register of Approved Encapsulants, pursuant to 105 CMR 460.115(B).

c. Performed all surface assessment and preparation work prior to encapsulation, pursuant to 105 CMR 460.135.

d. Performed final clean-up, including the specified use of a HEPA filter vacuum, in accordance with 105 CMR 460.160(A) through (D). Risk assessors shall be presented with copies of appropriate invoices at the time of the risk assessment reinspection as a condition of compliance.

3. In cases in which an unlicensed owner or owner's agent has performed low-risk abatement and/or containment activities in accordance with 105 CMR 460.175, risk assessors shall be presented with documentation of authorized low-risk abatement and/or containment work. Such documentation shall consist of a signed statement from the owner or owner's agent who actually performed the low-risk abatement and/or containment activities describing the tasks he/she performed, and attesting that he/she has fully complied with 105 CMR 460.175, as well 105 CMR 460.110; .130; .135; .140; .150; .160; and .760, on a form approved by the Director.

(2) Letter of Interim Control. A Letter of Interim Control shall be signed, dated and issued by a licensed risk assessor with his/her license number when he/she determines that a residential premises or dwelling unit and common areas are in compliance with, for the limited time period allowed by, M.G.L. c. 111, § 197(b) and the conditions of 105 CMR 460.105; .115 and .135 and/or .120 and/or .130 and/or .140; .160; .170; .175, when applicable, and .760; and 454 CMR 22.00 have been met. The Letter of Interim Control shall contain the following information about its duration:

a) a date of expiration that shall be one year from the date of issue;

b) an explanation that the letter may be renewed once, for an additional one-year period, upon reinspection and recertification by a licensed risk assessor, and c) a statement that full compliance must be achieved by the end of the interim control period. The Letter of Interim Control shall state that the premises or dwelling unit and common areas shall remain in compliance with the Letter only as long as the premises or unit continues to contain no urgent lead hazards and as long as coverings, including encapsulants, forming an effective barrier over such paint and materials remain in place. The Letter shall contain a statement that should the owner fail to complete any repair or restoration work necessary to maintain the standard of the Letter of Interim Control within 14 days of being notified in writing by the occupant, and a licensed code enforcement risk assessor or risk assessor authorized to work as an agent of the State Program finds the premises fail to meet this standard, the owner shall have 30 days to bring the premises into compliance with the Letter of Interim Control after having received an Order to Restore Interim Control Measures, or such greater time as allowed in exceptional cases by the Director, or, in their own respective cases, the local code enforcement agency or board of health, or by judicial order. The Letter shall also state the name, address and license number of the licensed deleader(s) who performed any abatement and/or containment tasks, the name(s) and license number(s) of the risk assessor(s) who performed the initial risk assessment and/or risk assessment reinspection(s), if different from the risk assessor signing the letter, the name and address of the unlicensed owner or owner's agent who performed any low-risk abatement and/or containment activities and the name and address of the owner or contractor who performed any structural repairs or cleaning. The location(s) of surfaces which were covered to achieve compliance shall be fully described, including those surfaces which were encapsulated.

(3) Within ten business days of the performance of the risk assessment reinspection, the risk assessor shall send a copy of the Letter of Interim Control for the particular dwelling unit or residential premises, on a form approved by the Director, to the occupants of the dwelling unit or residential premises and to the Director. At the same time, the risk assessor shall send educational materials for owners and educational materials for occupants issued by the Director, to the owner and occupant, respectively. If the dwelling unit or residential premises is vacant, the risk assessor shall send the educational materials for occupants to the owner, who shall give them to future occupants. It is the owner's responsibility to ensure the risk assessor complies with the notification requiraments.


(E) Maintenance and Monitoring. An owner of a dwelling unit or residential premises that has been issued a Letter of Interim Control shall take reasonable care to ensure that all required interim control measures remain in place and are effective. The owner shall also take reasonable care to promptly correct any failure of interim controls, or address any new urgent lead hazards, in accordance with the requirements of 105 CMR 460.105(A).

(F) Recertification.


(1) Before the end of the one-year period of validity of a Letter of Interim Control, an owner must either promptly fully abate and/or contain the dwelling unit or residential premises to achieve full compliance, or, no sooner than 30 days before the expiration date of the Letter of Interim Control, have the unit or premises reinspected by a licensed risk assessor, in accordance with M.G.L. c. 111, § 197(b) and 105 CMR 460.105(F).

(2) Recertification Reinspection. The risk assessor shall conduct a recertification reinspection in accordance with 105 CMR 460.105(C), to ensure that the interim controls required for that unit are still in place and are being properly maintained. He/she shall also conduct a visual inspection and record the type and location of any urgent lead hazards, on the risk assessment recertification form. If any of the requirements of 105 CMR 460.105(C) are not met, or if additional urgent lead hazards are present, the owner shall take whatever measures are necessary to make sure those requirements are met. The risk assessor shall return and perform another reinspection pursuant to 105 CMR 460.105(C) at the end of the work. If the dwelling unit or residential premises meets the standard of reinspection, the risk assessor shall recertify the Letter of Interim Control for an additional period, which in no event shall be longer than one year from the initial expiration date of the Letter of Interim Control, which shall be clearly marked on the Letter itself.

(3) Notification. Whenever a dwelling unit or premises that has been issued a Letter of Interim Control is reinspected for recertification, the risk assessor shall report the results of his recertification reinspection to the owner, occupants in the dwelling unit or residential premises, and to the Director of the State Program, on a risk assessment recertification form approved by the Director. This form shall be accompanied by information approved by the Director for occupants about their rights and remedies during interim control, M.G.L. c. 111, § 197(b) and 105 CMR 460.000, and the State Sanitary Code. This form shall be sent by the end of the tenth working day after the recertification reinspection. The owner shall send a copy of the recertification reinspection form to all mortgagees and lienholders of record.

(4) An owner whose dwelling unit's or residential premises' Letter of Interim Control is recertified for another year under the procedures required in 105 CMR 460.105(F) shall take reasonable care to perform monitoring and maintenance during that second year as well, in accordance with 105 CMR 460.105(E).

(G) Repair or Revocation.

(1) Failure of Owner to Maintain Conditions of Letter of Interim Control. Upon the failure of the owner to maintain a dwelling unit or residential premises which has been issued a Letter of Interim Control in compliance with the standard of said Letter, the Letter of Interim Control may remain valid or be revoked in accordance with the following procedures:

(a) Within 14 days of being notified in writing by an occupant of the failure of the owner to maintain the unit or residential premises free of urgent lead hazards, the owner shall complete work to repair or restore the premises to the standard required by the Letter of Interim Control. The restoration or repair may be performed by the owner or owner's agent in accordance with educational materials issued by the Director.

(b) If the owner has not completed the repair or restoration work necessary to maintain the standard of the Letter of Interim Control within 14 days of being notified in writing by the occupant, a licensed code enforcement risk assessor, or any risk assessor authorized to work as an agent of the State Program shall conduct a risk assessment pursuant to 105 CMR 460.105(A), acept that the risk assessor need not perform another lead inspection, to find whether or not the dwelling unit or residential premises contains urgent lead hazards.

1. If the licensed code enforcement risk assessor, or risk assessor authorized to work as an agent of the State Program finds no urgent lead hazards, the Letter of Interim Control remains valid.

2. If the licensed code enforcement risk assessor, or risk assessor authorized to work as an agent of the State Program identifies urgent lead hazards in the dwelling unit or residential premises, the risk assessor shall issue a risk assessment report listing all the urgent lead hazards that must be corrected and shall also issue an Order to Restore Interim Control Measures. The owner shall have 30 days from receipt of the risk assessment report and the Order to Restore Interim Control Measures to complete the required repairs or restoration, or such greater time period as allowed in exceptional cases by the Director, or, in their own respective cases, by a local code enforcement agency or board of health, or by judicial order. The repair or restoration work shall be performed in accordance with 105 CMR 460.105(B).

(c) 30 days following the owner's receipt of the Order to Restore Interim Control Measures, or sooner if requested by the owner, or upon the expiration of such greater period of time as allowed in exceptional cases by the Director, or, in their own respective cases, by the local code enforcement agency or board of health, or by judicial order, on a case by case basis, for the owner to complete repairs or restoration, a licensed code enforcement risk assessor, or a risk assessor authorized to work as an agent of the State Program, shall conduct one or more risk assessment reinspection(s). If all urgent lead hazards identified in the reinspection report have been corrected by the 30th day, or upon the expiration of such greater period of time as allowed in exceptional cases by the Director, or, in their own respective cases, by the local code enforcement agency or board of health, or by judicial order, the Letter of Interim Control shall remain valid.

(d) If the owner fails to complete repairs or restoration as required by the Order to Restore Interim Control Measures within the required time period, the State Program or local code enforcement agency or board of health shall revoke the Letter of Interim Control for the dwelling unit or residential premises, and issue the owner an Order to Correct Violation(s) which shall require the owner to obtain a Letter of Full Compliance within the timelines of 105 CMR 460.751(C).

(e) During the period of time within which the owner must complete repairs or restoration, in accordance with 105 CMR 460.105(G)(1)(b) and (c), the owner of the unit with a Letter of Interim Control shall not be held strictly liable for injury or damage caused by exposure to dangerous levels of lead, as long as the owner meets the applicable deadlines set forth in 105 CMR 460.105(G)(1)(b) and (c).

(2) Identification of a Child with a Blood Lead Level in Excess of the Level Considered Dangerous to the Child's Immediate Health or a Child Who is Lead Poisoned. A licensed code enforcement risk assessor shall conduct a risk assessment pursuant to 105 CMR 460.105(A), except that the risk assessor need not perform another lead inspection, in any dwelling unit or residential premises with a Letter of Interim Control in which a child is identified as having a blood lead level in excess of the level considered dangerous to the child's immediate health, in accordance with M.G.L. c. 111, § 197C(b) and 105 CMR 460.020.

(a) If the licensed code enforcement risk assessor finds no urgent lead hazards in the dwelling unit or residential premises of a child with a blood lead level in excess of the level considered dangerous to the child's immediate health as a result of the risk assessment, the Letter of Interim Control shall remain valid and the risk assessor shall investigate other potential sources of lead
exposure as appropriate.

(b) If the licensed code enforcement risk assessor identifies urgent lead hazards, or in any case involving a child who is lead poisoned, an Order to Correct Violation(s) shall be issued, and the owner of the unit shall be required to bring the unit into full compliance, in accordance with the deadlines in 105 CMR 460.751(A) or (B), as applicable. In cases in which the only urgent lead hazards are dust lead levels in excess of those acceptable under 105 CMR 460.170, the Director may grant exceptions to the requirement to bring the unit into full compliance pursuant to specified conditions established on a case-by-case basis.

(c) During the period of time within which the owner must achieve full compliance under the Order to Correct violation(s), the owner of the unit with a Letter of Interim Controls shall not be held strictly liable for injury or damage caused by exposure to dangerous levels of lead, as long as the owner meets each successive deadline set forth in 105 CMR 460.751(A) or (B), as applicable, for complying with the Order to Correct Violation(s). If the successive deadlines of 105 CMR 460.751(A) or (B), as applicable, are not met, then the Letter of Interim Control shall be revoked.

(3) Notification. Whenever a dwelling unit or premises that has been issued a Letter of Interim Control is reinspected in response to an Order to Restore Interim Control Measures or an Order to Correct Violation(s), the licensed code enforcement risk assessor shall report the results of his or her risk assessment reinspection to the owner and the occupants of the particular dwelling unit or residential premises. This form shall be sent by the end of the tenth working day after the risk assessment reinspection. The owner shall send a copy of the form to all mortgagees and lienholders of record.

460.110: Lead Violations: Abatement and Containment Requirements

(A) Repainting with non-lead-based paint without abatement or containment of the offending paint, plaster, or other material, does not constitute compliance with M.G.L. c. 111, § 197.


(B) Pursuant to M.G.L. c. 111, § 197, abatement or containment of lead paint or other accessible structural material containing a dangerous level of lead must be performed as follows:

(1) All loose lead paint, plaster, putty or other accessible structural material on both interior and exterior surfaces and fixtures shall be removed or adequately contained, or the fixture or surface replaced, except that metal surfaces and fixtures other than window sills, hand rails and railing caps, need only be made intact.

(2) Intact lead paint and putty on windows with sills five feet or less from the floor or ground shall be removed from all surfaces that are either movable or come in contact with movable surfaces. Surfaces include interior and exterior sashes, including muntins; mullions; the interior sill and that portion of the sill between the storm window and the window unit, including window wells; exterior sills that constitute accessible, mouthable surfaces; parting beads and the entire interior and exterior inner and top sides of the window casing that come in contact with the sash, and in the case of metal windows on which all lead paint is intact, only the sills. Alternatively, said surfaces may be contained where feasible, or the window and/or sill may be replaced.

(3) Intact paint, plaster, putty or other leaded accessible structural material shall be removed on accessible, mouthable surfaces below five feet and four inches from all edges. Architectural elements and surfaces to be treated include but are not limited to doors and door jambs and casings; exterior window sills, and the face and outer sides of window casings; stair rails, balusters and treads from the tread to the lip and to the riser below; cabinets; porch railings and balusters; in the case of metal architectural elements, all window sills, handrails and railing caps, including handrails and railing caps on fire escapes when the fire escapes are used as porches; and all other exterior and interior surfaces or fixtures that may be readily mouthable by children. Alternatively, such surfaces and fixtures may be contained or replaced.

(4) If encapsulation is chosen as the method of containment, all architectural elements or fixtures such as window aprons, casings, including the header, walls or baseboards, that have accessible mouthable surfaces must be encapsulated in their entirety rather than only to a height of five feet and only four inches h 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. The objective of this requirement is to ensure the dimensional stability and physical integrity of the encapsulant.


(C) No person shall enter into, engage in or conduct abatement or containment operations without having received a certification or license therefor, except, effective March 15, 1995, an unlicensed owner or owner's agent performing low-risk abatement and/or containment activities in compliance with 105 CMR 460.175 as well as the provisions of 105 CMR 460.110; .130; .135; .140; .150; .160; and .760. Where regulations pertaining to a method of abatement or containment do not expressly address performance by unlicensed owners and owners' agents, and such methods are not listed in 105 CMR 460.175, they may only be performed by persons with certification or license therefor.


(D) Violations of 105 CMR 460.000 constitute violations of 105 CMR 410.000: The State Sanitary Code, which requires that corrections be made in a workmanlike fashion, restoring all parts of the residential premises to the condition they were in before occurrence of any such violations. See 105 CMR 410.021. This includes repainting of formerly painted surfaces and the application of paint or a coating with a sealant value equivalent to that of paint to these surfaces.

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

(A) An encapsulant must meet the following conditions for approval.

(1) The Director shall establish encapsulation product performance properties, test methods and minimum performance standards, in consultation with the Department of Labor and Industries and the Deleading Technology Task Force. An Encapsulation Product Performance Protocol issued and from time to time revised by the Director shall indicate the performance properties, test methods and minimum performance standards for encapsulation products.

(a) The certifying organization designated by the Director shall determine whether an encapsulation product meets the minimum standards for performance properties as indicated on the Encapsulation Product Performance Properties Protocol through specified laboratory testing methods.



105 CMR - 1936

(b) The laboratories in which encapsulant product performance testing is carried out may be owned and operated by the certifying organization or may be independent laboratories designated by the certifying organization, or may be laboratories owned and operated by the encapsulant manufacturer, subject to the approval of the Director. If the laboratory is owned and operated by the manufacturer, property performance testing must be conducted under the observation and surveillance of the certifying organization.


(2) The Director shall establish a toxicological assessment process to determine whether encapsulation products meet toxicological standards established by the Director in consultation with the Department of Labor and Industries and the Deleading Technology Task Force. A Toxicological Assessment Protocol issued and from time to time revised by the Director shall establish the toxicological assessment process and minimum standards for encapsulation products.

The toxicological assessment shall be performed by a toxicologist certified by the American Board of Toxicology and be conducted either under the auspices of the certifying organization or as directly designated by the Director. The toxicologist shall determine whether an encapsulation product meets the minimum standards as specified in the Toxicological Assessment Protocol.

(3) Each encapsulation product must be certified by the certifying organization that it meets the minimum standards for performance properties as indicated on the Encapsulation Product Performance Protocol and the minimum standards of the Toxicological Assessment Protocol. The Director shall have the right of final approval of any encapsulant for use as a containment method in compliance with 105 CMR 460.000.

(a) The certifying organization shall ensure that each approved encapsulant bears the certifying organization's seal of approval on each product container or packaging, as specified by the Director.

(b) The certifying organization shall ensure that each encapsulant manufacturer establishes, maintains and uses a quality assurance system that will assure compliance with the minimum standards of the Encapsulation Product Performance Protocol and the Toxicological Assessment Protocol. The quality assurance program shall meet the conditions specified by the Director.

(B) Encapsulation products approved for the containment of lead paint shall be entered on the Register of Approved Encapsulants issued and from time to time revised by the Director. Only those encapsulation products specification listed on the register may be used to contain lead paint in compliance with 105 CMR 460.000.

(1) The Register of Approved Encapsulants shall indicate 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.

(2) The Director may repeal approval of any encapsulant and delete it from the Register of Approved Encapsulants due to product deficiencies including but not limited to product failure, toxicological hazards, or failure to maintain performance standards as determined by the Director, or upon revocation of certification by the certifying organization.

(3) An encapsulant manufacturer may initiate an appeal of the revocation of approval within 30 days of receipt of notice of revocation from the Director. The appeal shall be made to the Director, who shall arrange a hearing in conformance with M.G.L. c. 30A and the standard rules of adjudicatory practice and procedure pursuant to 801 CMR 1.00.

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.

460.130: Methods of Containment Using Rigid or Flexible Coverings

(A) Loose paint on ceilings, woodwork, walls, window sills and any other surfaces and/or intact lead paint on accessible, mouthable surfaces to a height of five feet from floor or ground, four inches from each edge:

Loose paint or other leaded material must be removed on friction or impact surfaces, including but not limited to stair treads, risers and window wells, and the surface made intact by a licensed deleader. Either licensed deleaders or unlicensed owners and owners' agents acting in compliance with 105 CMR 460.175 may cover any lead-painted surface, including nonfriction or nonimpact surfaces that have not been made intact, and friction or impact surfaces that have been made intact, with material impregnable to small children. Loose paint or other leaded material must also be removed on nonfriction or nonimpact surfaces, including but not limited to walls, and the surface made intact by a licensed deleader in instances when unlicensed owners and owners' agents will not be covering the surface with material impregnable to small children until after reoccupancy reinspection. When covering nonfriction or nonimpact surfaces that have not been made intact, precautions shall be taken, in accordance with procedures described in training and educational materials for owner/agent low-risk abatement and containment approved by the Director, by the person performing the covering to prevent contamination from debris, and to clean up such debris before occupants return to the work area. Coverings which may be used include gypsum board, aluminum, vinyl, plywood, formica, acrylic sheets, fiberglass, durable carpet, tile, plexiglass or other materials that may from time to time by approved by the Director. Material must be fastened securely at junctions of floors, walls and/or ceilings, and affixed by nailing, cementing, gluing or by any process adequate to prevent removal by a small child or by long-continued normal wear and tear. Particular care must be used to apply molding or caulking to the edges of sheet metal if this covering is used. Materials shall be vermin-proof and fire resistant. Whenever exterior surfaces are covered, and seams and all junctions of old and new material must be sealed with siliconized latex or similar caulking. Surfaces so covered shall remain in compliance with 105 CMR 460.000 only as long as the covering remains in place and the physical integrity of the covering remains intact.


(B) Contact paper or non-vinyl wallpaper shall not be used in the covering process unless all lead-based paint has first been removed.


(C) For properties listed on the State Register of Historic Places, covering of significant historic architectural features is not recommended. In special circumstances, surfaces may be covered with a transparent rigid material such as acrylic sheets, affixed in a non-damaging manner.

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:

(1) Only those surfaces assessed by an inspector to be appropriate for encapsulation as indicated on a standard form approved by the State Program may be considered for encapsulation.

(2) Only substrates determined to be in sound condition are suitable for encapsulation.

(3) Certain surfaces should be determined to be unsuitable for encapsulation because they are subject to impact, friction, abrasion, weathering or other factors. Follow encapsulant manufacturers' recommendations or restrictions concerning suitable substrates or surfaces for encapsulation.



105 CMR - 1939




(4) Surface tests, such as a tape test or application patch test as recommended by the manufacturer and as instructed by certified training providers, in the case of licensed Level II Deleaders, and as instructed in training received pursuant to 105 CMR 460.175, in the case of unlicensed owners or owner's agents, shall be performed. Tape tests and application patch tests shall be performed on a representative sample of surfaces which before surface preparation have peeling, chipping or flaking paint, in addition to appropriate initially intact surfaces. Results of the tests shall be documented using a form approved by the State Program.

(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.

460 150: Notification of Abatement and/or Containment Activity

(A) On a form approved by the Director, deleading contractors shall give a minimum of ten business days advance notice of the date abatement and/or containment activities, whether taken for full compliance or as part of interim control, will begin, the estimated completion date, and the method(s) of abatement and/or containment. If abatement and/or containment activities are not completed in a single continuous operation, notice must be given each time such activities are commenced. It is the owner's responsibility to ensure that the deleading contractor complies with the notification requirements. In cases in which unlicensed owners or owners' agents will be performing low-risk abatement and/or containment activities, the owner shall be directly responsible for giving notice of deleading on the form approved by the Director, and for additionally indicating on the form which method(s) of abatement and/or containment he/she or his/her agent will be performing. Notice must be given to the following individuals and agencies:

(1) The occupants of the dwelling unit in which abatement and/or containment activities are to be performed.

(2) All other occupants of the residential premises if abatement and/or containment activities will take place in interior common areas and/or the exterior of the residential premises.

(3) The local board of health or code enforcement agency.

(4) The Department of Labor and Industries.

(5) The Director.

(6) The Massachusetts Historical Commission, if the residence is listed on the State Register of Historic Places.

(7) The owner of the property, who shall be provided with copies of the above notices, except in cases in which the owner or his agent will be performing low-risk abatement and/or containment work, since the owner will be initiating the notices.


(B) Owners of property listed in the State Register of Historic Places shall notify the Massachusetts Historical Commission and, if applicable, their local historical commission, immediately upon receipt of an Order to Correct Violation(s) (see 105 CMR 460.750(B)(2)) or at least 30 days prior to initiating abatement and/or containment activities, whether taken for full compliance or as part of interim control, in situations where there is no Order to Correct Violation(s).


(C) If a private inspector or risk assessor performed the inspection and, if applicable, risk assessment, he or she shall be notified by the deleading contractor as far in advance as possible of the date for the reoccupancy reinspection, if applicable.

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

(A) No person shall occupy a dwelling unit while removal or covering of lead hazards or replacement of lead painted surfaces is taking place therein, nor shall household pets be permitted to remain in the dwelling unit.

(1) Exceptions may be granted pursuant to specified conditions established on a case-by-case basis by the State Program or code enforcement agency upon a finding that such occupancy will not endanger or materially impair the health of residents.

(2) Occupancy during and following the actual application of encapsulants shall be permitted as specified on the Register of Approved Encapsulants.

(3) Tenants may occupy a dwelling unit during an unlicensed owner or owner's agent's performance of low-risk abatement and/or containment activities, in accordance with the limitations of 105 CMR 460.160(E).

(4) Occupancy during the time interim controls are being implemented shall be determined by the type of activity being performed. Tenants may not occupy a dwelling unit during performance of lead abatement and containment tasks, except that they may occupy the unit during the performance of any low-risk abatement and/or containment activities by owners or agents under 105 CMR 460.175, in accordance with the limitations of 105 CMR 460.160(E). Tenants may also occupy the unit during the performance of other work required as part of interim control that is neither abatement nor containment work, in accordance with the applicable limitations of 105 CMR 460.160(E).


(B) Deleaders and inspectors shall adhere to all health, safety, and blood lead monitoring requirements specified in 454 CMR 22.00.

(C) The following worksite preparation shall take place for all abatement and/or containment activities, except for those abatement and/or containment activities defined as low-risk in 105 CMR 460.175, in which case, the procedures described in training and educational materials approved by the Director for owner/agent low-risk abatement and containment shall be followed: In order to prevent the contamination of wall-to-wall carpeting with lead particulate, all wall-to-wall carpeting shall be covered with two sheets of plastic, each a minimum thickness of six mils, secured to the wall or baseboard with masking tape. Should a break or tear occur in the bottom sheet of plastic, the deleader shall be responsible for cleaning the carpet, and may be ordered to do so by a code enforcement inspector. Such cleaning shall consist of thorough vacuuming consisting of six passes with a HEPA filter vacuum, followed by a cleaning with a high phosphate detergent, such as tri- sodium phosphate (TSP), or other lead-specific detergent, and/or steam cleaning, and second thorough HEPA filtered vacuuming.


(D) The final clean-up shall be performed by the deleading contractor no sooner than 24 hours after the completion of structural repairs that disturb lead painted surfaces and active abatement and/or containment activities, including all sanding and any other dust-generating surface preparation necessary for encapsulation, repainting or sealing. In cases in which an unlicensed owner or owner's agent will be performing low-risk abatement and/or containment activities following a deleader's work, the owner or agent shall not begin work until after final clean-up. Similarly, in cases in which some work required as part of interim control will be performed after the active, dust-generating abatement and containment work is done, it shall be performed after final clean-up. The final clean-up shall at minimum consist of a HEPA-filtered vacuuming of all interior surfaces exposed to deleading, window sills in their entirety, porches deleaded or exposed to deleading, followed by a wet mopping/sponging of the same surfaces with a high phosphate detergent, such as tri-sodium phosphate (TSP), or other lead specific detergent and a second HEPA-filtered vacuuming.


(E) Occupants of a dwelling unit or residential premises undergoing abatement and/or containment for full compliance or interim control may resume occupancy upon the determination of an inspector or risk assessor, using a copy of the initial inspection report or the risk assessment report, that the dwelling unit has successfully met the conditions of a reoccupancy reinspection in compliance with 105 CMR 460.760(A). During the time an unlicensed owner or owner's agent will be performing low-risk abatement and/or containment activities after reoccupancy reinspection, or during the time any work required for interim control that is neither abatement nor containment work is being performed, the occupants must remain out of the work area until those activities are completed, and the owner or owner's agent has cleaned up at the end of each work day, in accordance with procedures described in training and educational materials for owner/agent low-risk abatement and containment, and for interim control, approved by the Director. In addition, occupants must be out of the dwelling unit while an unlicensed owner or owner's agent is engaged in covering with rigid or flexible material, pursuant to 105 CMR 460.130, any nonfriction or nonimpact surface with loose lead paint or plaster, and may return upon completion of the owner or owner's agent's cleanup, in accordance with procedures described in the training and educational materials for owner/agent low-risk abatement and containment, but need not be out of the unit overnight.

460.170: Lead Dust Monitoring

(A) A lead dust monitoring protocol issued and from time to time revised by the Director shall indicate the cases, circumstances, frequency and methods under which lead inspectors shall take dust samples. Effective April 18, 1995, dust samples must be taken at each reoccupancy reinspection, whether for full compliance or interim control, and reoccupancy may not occur until dust levels have been verified as satisfying the levels set out in 105 CMR 460.170(B). Dust levels must be measured by a laboratory certified by the Director under the Laboratory Certification Protocol, using the methodology specified in the Protocol. Surfaces from which dust samples shall be taken include, but are not limited to, floors, window sills and window wells of two or more designated rooms.


(B) The deleading contractor shall be deemed to have satisfied the lead dust monitoring protocol if:

(1) Floor lead dust levels are below 200 micrograms per square foot.

(2) Window sill lead dust levels are below 500 micrograms per square foot.

(3) Window trough lead dust levels are below 800 micrograms per square foot.


(C) Should lead dust levels exceed these standards, the deleader shall be required by the Director to return to the dwelling unit and conduct a HEPA filtered vacuuming of all surfaces specified in 105 CMR 460.160(D) followed by a wet mopping/sponging with a high-phosphate detergent, such as tri-sodium phosphate (TSP), or other lead-specific detergent and a second HEPA filtered vacuuming.

(D) The lead inspector shall collect a second set of dust samples as indicated in the lead dust monitoring protocol, if the deleader was required to return to the dwelling unit to conduct a second cleaning.


(E) Should the dust lead levels again exceed the specified standards, the deleader may be required to seal floors and/or other surfaces with a sealant such as polyurethane varnish, as specified in the lead dust monitoring protocol.

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

(A) Effective March 15, 1995, following inspection of a premises and assessment of surfaces suitable for encapsulation by a licensed inspector, and before and/or after completion of all dust generating abatement and containment activities by a licensed deleader, including all preparation work necessary to render surfaces intact pursuant to 105 CMR 460.130 and .135 and final cleanup, and reoccupancy reinspection by a licensed inspector, an owner or owner's agent who is not licensed as a deleader may perform the following low-risk abatement and/or containment activities on the owner's property:

(1) Applying encapsulants over intact surfaces.

(2) Cleaning up all spills and oversprays after encapsulant application is complete.

(3) Removing doors, cabinet doors and shutters by disengaging hinge pins or removing hinges.

(4) Covering nonfriction or nonimpact surfaces which may have loose paint or plaster, including but not limited to walls, and intact friction or impact surfaces, including but not limited to stair treads, risers and window wells, with such impregnable materials as gypsum board, aluminum, vinyl, plywood, formica, acrylic sheets, fiberglass, durable carpet, tile, plexiglass or other materials that may from time to time be approved by the Director, in accordance with the installation requirements set out in 105 CMR 460.130. In the case of exterior surfaces, an owner or owner's agent may cover with vinyl either after he or she installs a protective air-tight membrane, or after a licensed deleader has made surfaces to be covered intact, except that exterior window sills, door casings and door jambs need neither be made intact nor enclosed with a protective air-tight membrane prior to covering.

(5) Capping baseboards.

(6) Any other activities the Director may approve as low-risk abatement and/or containment methods.


(B) All unlicensed owners and owners' agents who will be performing low-risk abatement and/or containment activities pursuant to 105 CMR 460.175(A) shall be required to undergo training. The Director shall establish and revise as necessary the content and requirements for unlicensed owner/agent low-risk abatement and/or containment training. Training shall be in such form as maximizes accessibility to owners and owners' agents, and shall be commensurate with the skill level required of the particular low-risk abatement or containment methods. Any required training shall include review questions and an examination to be completed by the owner and/or owner's agent and submitted to the State Program. Such training shall include, at a minimum, information in the following areas:

(1) Worker safety premise, and information on required tools and safety equipment.

(2) Protections and precautions required to prevent contamination of the residential environment.

(3) Specific instructions in the low-risk methods of abatement and containment permitted to be performed by unlicensed owners and owners' agents, including worksite preparation and clean-up.

(4) The respective roles of the licensed inspector and the licensed deleader, and how those roles correlate with the performance of low-risk abatement and/or containment tasks by unlicensed owners and owners' agents.

(5) The lead law, M.G.L. c. 111, § 189A through 199B, and regulations for lead poisoning prevention and control, 105 CMR 460.000.


(C) The Director may require periodic continuing education on particular low-risk abatement and containment activities as a condition, for unlicensed owners or owners' agents who have successfully completed training to be permitted to perform low-risk abatement and/or containment activities in compliance with 105 CMR 460.000. All unlicensed owners or owners' agents seeking to perform low-risk abatement and/or containment activities must meet any other qualifications that may be established by the Director.


(D) Any abatement and/or containment activities performed by unlicensed owners and/or owners' agents that exceed the scope of activities authorized by 105 CMR 460.175, or which are undertaken by unlicensed owners and/or owners' agents who have not completed all training required by M.G.L. c. 111, § 197(d) and 105 CMR 460.175, shall be considered unauthorized deleading under 454 CMR 22.00 and 105 CMR 460.000 and subject to all the penalties thereof.

460. 180: Owners in Violation Subject to Damages

(A) Compensatory Damages. Pursuant to M.G.L. c. 111, § 199, the owner of any dwelling unit or residential premises shall be liable for all damages to a child under six years of age who is lead poisoned as defined at 105 CMR 460.020 caused by his or her failure to comply with M.G.L. c. 111, §§ 194, 196(a) or 197 provided that:

(1) an owner shall not be liable for a period of 90 days after acquiring legal title to a dwelling unit or residential premises in which a child under six resides if the owner complies with M.G.L. c. 111, § 197(b) or § 197(c) within 90 days after acquiring legal title to the dwelling unit or residential premises; and

(2) a bank, lending institution, mortgage company or mortgagee shall not be liable for a period of 90 days after taking actual possession and acquiring legal title to a dwelling unit or residential premises in which a child under six resides if the mortgagee either brings the dwelling unit or residential premises into compliance with M.G.L. c. 111, § 197(b) or § 197(c) or transfers the residential premises in accordance with 105 CMR 460.720 within 90 days of acquiring legal title, and

(3) an owner of a dwelling unit or residential premises in which a child under six resides shall not be strictly liable for lead poisoning damages during the period a Letter of Full Compliance or a Letter of Interim Control is in effect for said dwelling unit or residential premises, including any period during which a Letter of Interim Control is in effect that the owner has been notified, pursuant to 105 CMR 460.105(G) to take certain measures to restore the premises or unit to the standard of the Letter of Interim Control, and

(4) an owner of a dwelling unit or residential premises in which a child under six resides and for which a Letter of Full Compliance or a Letter of Interim Control is in effect takes reasonable care to ensure that the dwelling unit or residential premises remains in compliance with M.G.L. c. 111, § 197(b) or § 197(c), as applicable. An owner shall be liable for all damages caused by his or her breach of that duty of reasonable care.

(B) Punitive Damages. Pursuant to M.G.L. c. 111, § 199, the owner of any dwelling unit or residential premises who is notified of or receives an order to correct a dangerous level of lead in paint, plaster, or other structural material upon his or her premises pursuant to M.G.L. c. 111, § 194, and who willfully fails to satisfactorily correct or remove said dangerous conditions, shall in addition to compensatory damages to a lead poisoned child as defined at 105 CMR 460.020, be subject to punitive damages, which shall be treble the actual damages found, provided that:

(1) an owner of a dwelling unit or residential premises in which a child under six resides shall not be subject to punitive damages for a period of 90 days after acquiring legal title to the dwelling unit or residential premises if the owner complies with M.G.L. c. 111, § 197(b) or § 197(c) within 90 days after acquiring legal title to the dwelling unit or residential premises;

(2) a bank, lending institution, mortgage company or mortgagee shall not be subject to punitive damages for a period of 90 days after acquiring legal title to a dwelling unit or residential premises in which a child under six resides if the mortgagee either brings the dwelling unit or residential premises into compliance with M.G.L. c. 111, § 197(b) or § 197(c) or transfers the residential premises in accordance with 105 CMR 460.720 within 90 days of acquiring legal title.

460.190: Punishable Violations

(A) The Director and code enforcement agencies may, pursuant to M.G.L. c. 111, § 198, treat violations of M.G.L. c. 111, §§ 196 or 197 as Sanitary Code violations to which the State Sanitary Code, Chapter I, 105 CMR 400.000, and the State Sanitary Code, Chapter II, 105 CMR 410.000, apply, including but not limited to the following provisions:

(1) Any person who shall fail to comply with any order shall upon conviction be fined not less than ten nor more than $500.00. Each day's failure to comply with an order shall constitute a separate violation.

(2) Any person who shall violate any provision for which penalty is not otherwise provided in any of the General Laws or in any other provision of the Sanitary Code shall upon conviction be fined not less than ten nor more than $500.00.


(B) Landlords who threaten or take reprisals against a tenant for exercising his/her rights under M.G.L. c. 111, §§ 189A through 199B are liable for damages under M.G.L. c. 186, § 18 and M.G.L. c. 93A.


(C) Landlords refusing to rent to or evicting families with children under the age of six are in violation of M.G.L. c. 151B, § 4. Such evictions also constitute violations of M.G.L. c. 93A, §2 and c. 186, § 18.

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

Pursuant to M.G.L. c. 111, § 196:

(A) No person shall apply or cause to be applied any lead-based paint, glaze or other substance to any toy, furniture, cooking, drinking, or eating utensil, or interior or exterior surface or fixture of any dwelling.


(B) No person shall sell, expose for sale, deliver, give away or possess with intent to sell, deliver or give away any toy, furniture, cooking, drinking or eating utensil to which any lead-based paint, glaze or other substance has been applied.


(C) No person shall sell, expose for sale, deliver, give away or possess with intent to sell, deliver or give away, any lead based paint, glaze or other surface covering, except as exempted by the Director, pursuant to 105 CMR 460.300.

460.210: M.G.L. c. 111. § 196(a) Offenses

Pursuant to M.G.L. c. 111, § 196(a), any person who violates the provisions of 105 CMR 460.200(A) or (B) shall be punished by a fine of not less than $100.00 nor more than $500.00 for each violation. Each article, fixture or surface to which a lead-based substance is applied shall constitute a separate violation. Any person who willfully violates the provisions of 105 CMR 460.200(A) or (B) shall be punished by imprisonment for-not more than three months for each violation.

460.220: M.G.L . c. 111. § 196(b) Offenses

Pursuant to M.G.L. c. 111, § 196(b), any person who violates the provisions of 105 CMR 460.200(C) shall be punished by a fine of not less than $200.00 nor more than $500.00 for each violation. Each can, bottle or other container of any prohibited substance shall constitute a separate violation. Any person who willfully violates the provisions of 105 CMR 460.200(C) shall be punished by imprisonment for not more than six months for each violation.

460.230: Civil Damages Under M.G.L. c. 111. § 196(a)

In addition to the penalties set forth in 105 CMR 460.210 and 460.220, the owner of any residential property shall be liable for all damages caused by his/her violation of M.G.L. c. 111, § 196(a).

460.240: Embargo of Lead Based Articles and Substances

Pursuant to M.G.L. c. 111, §§ 196(a) and (b), the Director may embargo any article or substance in violation of either subsection, in the manner provided by M.G.L. c. 94, § 189A.

460.300 Exemptions Available for Certain Applications and Products

(A) The following lead-based paints shall be exempted by the Director from the provisions of M.G.L. c.111, § 196(b) (105 CMR 460.200(C)), upon compliance with the terms and conditions set forth in M.G.L. c. 111, § 196(b) and 105 CMR 460.310:

(1) lead-based paints for application to artists' canvases;

(2) touch-up paints for metal machinery, appliances, vehicles, or water craft, when sold in containers small enough to preclude any reasonable risk of use in buildings or on furniture;

(3) lead primers for applications to small craft hulls, then sold at retail only through boat yards marinas, ship chandleries and businesses dealing in marine sales;

(4) finish paints intended for factory application upon manufactured products not intended for use in homes or in other structures, such as schools or day care centers, where children commonly spend periods of over ½ hour;

(5) lead primers for structural metals not exposed to occupant contact, vehicles, and watercraft;

(6) refinishing paints for automotive, agricultural, and industrial equipment;

(7) paints for industrial and commercial building maintenance, including traffic and safety marking paints;

(8) graphic art paints marketed for application to billboards, road signs, and other similar uses;

(9) through August 31, 1989, hobby-type glazes, enamels and frits.


(B) Effective September 1, 1989, lead-based glazes, enamels and frits are exempted by the Director from the provisions of M.G.L. c. 111, § 196(b) [105 CMR 450.200(C)], provided the following conditions are met:

(1) Leaded glazes, enamels, and/or frits shall not be sold to individuals under 18 years of age.

(2) Leaded glazes, enamels, and/or frits shall not be sold for use in settings where children under 18 years of age, or mentally handicapped or impaired individuals may use them or be exposed to their use. Such settings include but are not limited to schools, nursing homes, camps, recreational centers, churches, etc.

(3) Leaded glazes, enamels, and/or frits shall not be sold to institutions or organizations working with or serving the mentally handicapped.

(4) Labeling of leaded glazes, enamels, and frits shall meet the specifications of the Director.

(5) Manufacturers and distributors shall develop and distribute educational materials for the safe use of leaded glazes, enamels, and frits as specified by the Director.

It is recommended that the Governor's Advisory Committee for the Prevention of Lead Poisoning meet annually with representative of a recognized professional association of manufacturers and distributors of lead-based glazes, enamels, and frits, and such other individuals as the Committee deems appropriate, to review the status of this exemption.

460.310: Terms and Condition of Exemption

The Director may exempt lead-based paints listed in 105 CMR 460.300(A) from the provisions of M.G.L. c. 111, § 196(b) (105 CMR 460.200(C)) under the following terms and conditions.

(A) The manufacturer or wholesale shall submit to the Director an application before the product is offered for sale, indicating the amount of lead by dry weight in the product, the means by which this concentration has been verified, and the means he/she will exercise to assure the marketing of the product only in specified channels.


(B) In the case of exemptions in 105 CMR 460.300(A)(1) through (8), the paint is labeled as required by regulations of the U.S. Consumer Product Safety Commission, 16 CFR 1303.3(a), as from time to time amended.

460.320: Notification of Director if Formula of Exempted Product is Modified; New Exemption May Re Required

(A) Notification of Director. The manufacturer and wholesaler of a lead-based paint product exempted by the Director under 105 CMR 460.000 shall provide the Director with prior written notification of any modification in the formula affecting the lead content of the exempted paint product and any modifications in its manner of distribution.


(B) Director's Determination. If the Director determines that the modifications substantially change the conditions under which the original product was exempted, the product as modified, or under the new marketing circumstances, will not be exempt from the provisions of M.G.L. c. 111, § 196(b). A new application for exemption shall be required.

460.330: Refusal and Revocation of Exemptions

The Director may refuse to grant an exemption, or may revoke an exemption, if he determines that the manufacturer or wholesaler of the lead-based paint product has not demonstrated that the product falls within one of the categories in 105 CMR 460.300(A) or has not complied with 105 CMR 460.300(B), 460.310, or 460.320(A). Such refusal or revocation shall be in the form of a written notification with a statement of reasons therefor.

460.340: Administrative Appeal from Refusals and Revocations

The manufacturer or wholesaler affected shall have the right to appeal any refusal to grant an exemption, or revocation of an exemption.

(A) In order to exercise the right of an appeal, the manufacturer or wholesaler, within 20 days of receipt of the Director's written statement of reasons, shall file a written claim of appeal which sets forth with specificity his objections to the Director's action.


(B) Whenever there are genuine issues of material fact in dispute, the appeal shall include an evidentiary hearing conducted under the Standard Adjudicatory Rules of Practice and Procedure, 801 CMR 1.00. The final decision in any appeal shall be made by the Director.


(C) The Director may revoke exemptions on an emergency basis prior to appeal.

460.400: Training and Licensure of Lead Inspectors and Risk Assessors

(A) Effective July 1, 1990, only those individuals duly licensed pursuant to 105 CMR 460.000 may conduct lead inspections or lead determinations, issue Letters of Full Compliance or engage in any other activity required by 105 CMR 460.000 to be performed by a lead inspector. Only those licensed inspectors duly licensed as risk assessors pursuant to 105 CMR 460.000 may perform risk assessments, issue Letters of Interim Control or engage in any other activity required by 105 CMR 460.000 to be performed by a risk assessor.


(B) Employees and designated representatives of the State Program, local boards of health and code enforcement agencies are authorized to temporarily conduct lead inspections without receiving a license until July 1, 1990.


(C) All inspectors and risk assessors shall comply with the following conditions, as applicable:

(1) Performance of all lead inspections and risk assessments in compliance with M.G.L. c. 111, §§ 189A through 199B, 105 CMR 460.000, 454 CMR 22.00 and policies established by the Director.

(2) Submission of a sample copy of the inspection form used for the conduct of lead inspections, and risk assessment report form used for the conduct of risk assessments. Such forms shall be identical to that of the State Program, except that inspectors and risk assessors other than those employed by the State Program shall substitute their own or their company's or agency's letterhead, and in no case may use the letterhead of the State Program. Such forms shall identify the inspector's or risk assessor's name, address, inspector's or risk assessor's license number, and the telephone number of the inspector or risk assessor and inspection or risk assessment firm or agency.

(3) Maintenance of a file of all inspections, risk assessments, surface assessments with tape test results, reoccupancy reinspections, lead dust monitoring and lead determinations conducted, with copies of the reports and results thereof, including Letters of Full Compliance, Letters of Interim Control, deleaders' invoices and documentation of authorized low-risk abatement and containment by owners and agents, tape/patch test documentation forms, and the specific locations of any lead determinations on a dwelling unit or residential premises. Such files must be maintained indefinitely and disposed of only upon approval of, and under conditions stipulated by, the Director. The Director shall be afforded access to the files or information contained therein upon request.

(4) Compilation, maintenance and submission to the Director of such statistical information as required by the Director.

(5) Distribution to clients of such informational or educational material as may be prescribed by the Director.

(6) If sodium sulfide is used as the method for detecting lead paint, only sodium sulfide obtained from or approved by the State Program may be used.


(D) Unlicensed private lead inspectors and unlicensed housing agency inspectors may continue to conduct lead inspections until July 1, 1990 if they comply with the conditions listed in 105 CMR 460.400(C) and (P) through (R) and if they also comply with the following conditions:

(1) Unlicensed private lead inspectors must have completed a registration form prescribed by the Director by September 15, 1988, demonstrating to the Director's satisfaction, their qualifications for registration.

(2) Unlicensed housing agency lead inspectors must complete a registration form prescribed by the Director by September 15, 1989, demonstrating to the Director's satisfaction, their qualifications for registration.


(E) Lead determinations. Registered or licensed inspectors may make determinations of the presence or absence of lead on a limited number of selected surfaces in a dwelling unit or residential premises provided that the results of such determinations are not represented as a lead inspection and are accompanied by an explicit written disclaimer that such determinations do not constitute a lead inspection. Should such surfaces determined to be leaded subsequently be deleaded, the deleading must be carried out in compliance with 105 CMR 460.000 and 454 CMR 22.00.


(F) The Director shall establish and revise as necessary the content and requirements for lead inspector training, which shall include at a minimum information about the lead law, M.G.L. c. 111, §§ 189A through 199B, and regulations, 105 CMR 460.000, specific instructions in the methods currently used for identifying lead hazards and safe methods of inspection, reinspection, and abatement and containment of lead hazards. Training shall also include information on the assessment of surfaces and substrates for their suitability for encapsulation, the determination that encapsulants have been properly applied and the identification of which surfaces may be abated or contained by unlicensed owners' or owners' agents. Training shall be made available on a periodic basis, and shall consist of a field practicum at least equal in length to the classroom curriculum. The State Program shall charge a fee for lead inspector training as established by the Commissioner of Administration, when such training is conducted by the State Program. Application for licensure as a lead paint inspector may be made following the successful completion of a training program conducted by the State Program or a licensed lead inspector training provider, including attainment of an acceptable grade on an examination issued or approved by the State Program.

The Director shall also establish and revise as necessary the content and requirements for additional training to be taken by those inspectors who wish to become risk assessors. Inspectors shall meet the following minimum experience requirements to be eligible to take the risk assessor training: i) completion of a minimum of 75 inspections as an inspector within the two years prior to application as a risk assessor, or ii) have received a written waiver from the Director on the basis of other experience. Such training shall include at a minimum specific instructions in the methods currently used for assessing the sources of loose paint, plaster or putty, including identifying apparent structural defects that may cause lead-based paint failures, identifying high lead hazard areas which require the application of special safeguards, performing environmental dust sampling, educating owners and tenants regarding monitoring and maintenance practices, designing required measures to be taken for proper interim control, and conducting reinspections. Application for licensure as a risk assessor may be made following the successful completion of a training program conducted by the State Program or a certified risk assessor training provider, including attainment of an acceptable grade on an examination issued or approved by the State Program.

(G) Procedure for Obtaining a License. An applicant for licensure as a lead inspector or risk assessor must submit to the State Program the following:

(1) A completed application form prescribed by the Director;

(2) Proof that the applicant has successfully completed the training required by 105 CMR 460.400(F).

(3) Proof that the applicant has attained 18 years of age.

(4) Results of a blood lead analysis.

(5) For risk assessor applicants, proof that the applicant has met the minimum experience requirements of 105 460.400(F).

(6) A certified or bank check in the amount of the entire annual fee as determined by the Commissioner of Administration. The fee payment is not refundable should the Director deny the license for reasons specified in 105 CMR 460.400.


(H) Lead inspector and risk assessor licenses shall be valid for one year. Application for renewal shall be made at least 30 days prior to the expiration of a current license and such application shall have the effect of a license until the renewal application is acted upon by the State Program. The Director may require annual continuing education as a condition for licensure, and may require retraining prior to renewal. Applicants for licensure shall pay a fee in an amount determined annually by the Commissioner of Administration.


(I) The Director shall investigate all complaints regarding, and periodically monitor the quality of, lead determinations or lead inspections or risk assessments of residential premises, day care facilities or schools. Investigations of complaints may lead to imposition of penalties on an inspector or risk assessor, including but not limited to, letters of warning; probationary period; required retraining; or suspension, revocation, denial of or refusal to renew a license.


(J) Denial, Refusal to Renew, Suspension or Revocation of a License. The Director may deny, refuse to renew, suspend or revoke a license sought or issued under 105 CMR 460.000 upon a finding of sufficient cause. Applicants for licensure shall be advised by the Director in writing of the denial and reasons therefor. Applicants shall have the right to appeal the Director's determination in accordance with the provisions of M.G.L. c. 30A by submitting a written request for such hearing within 21 days of receiving notice of such denial. License holders shall be advised by the Director in writing of the proposed suspension, revocation or refusal to renew the license and the reasons therefor. In the case of suspension, license holders shall also be advised of the intended duration of suspension and any conditions that must be met before license reinstatement. License holders shall have the right to a hearing in accordance with the provisions of M.G.L. c. 30A on such proposed suspension, revocation or refusal to renew the license by submitting a written request to the Director within 21 days of receiving notification of the intended suspension, revocation or refusal to renew. Any one of the following reasons shall be sufficient cause:

(1) Failure to submit the information or documentation required for licensure under 105 CMR 460.000.

(2) Failure to pay licensure fees.

(3) Submission of an application containing incorrect, false or misleading information.

(4) Violation of any provision of M.G.L. c. 111, §§ 189A through 199B, 105 CMR 460.000 or 454 CMR 22.00.

(5) Engaging in fraudulent or deceptive practice.

(6) Failure to successfully complete required training, retraining or continuing education.

(7) Knowingly aiding or abetting an unlicensed person in performing activities requiring licensure or certification as a lead inspector or deleader.

(8) The license holder has been convicted of, pleaded guilty to, or has, in a judicial proceeding, admitted facts sufficient for a finding that he or she is guilty of, any criminal violation in connection with his or her activity as a lead inspector.

(9) The applicant or license holder has been disciplined in another jurisdiction in any way by the applicable licensing authority for acts or conduct relating directly to his or her fitness to be licensed as a lead inspector.

(10) Any other cause which the Director determines to be of such serious and compelling nature as to warrant suspension of, revocation of, or refusal to renew a license.

(K) Suspension Prior to Hearing. The Director may summarily suspend the license of an inspector or a risk assessor if he determines that the license holder is an immediate threat to the public health or safety. Upon summary suspension of a license, the Director shall give the license holder written notice thereof, stating the reason(s) for the suspension. The summary suspension shall take effect immediately upon issuance of the notice. The Director shall provide an opportunity for a prompt hearing pursuant to the provisions of M.G.L. c. 30A after the issuance of a notice of summary suspension. The Director may also summarily suspend the license of an inspector or risk assessor for failure to complete required retraining or continuing education, and such summary suspension shall remain in effect until the license holder successfully complete such retraining or continuing education.


(L) Refusal to Renew Based on Expiration of a License. If a lead inspector or risk assessor has allowed his or her license to expire and/or has failed to renew his or her license in accordance with the requirements of 105 CMR 460.000, the Director may, at his discretion:

(1) Inform the applicant or license holder that his or her license has expired;

(2) Offer the applicant or license holder an opportunity to submit a complete and current application within two weeks, or within such other time period as the Director may designate; and

(3) Refuse to renew the license of the applicant or license holder without a hearing, unless the applicant or license holder submits a current and complete application within the time allowed.

A lead inspector may not conduct lead determinations, lead inspections, surface assessments, issue letters of compliance or perform any other activities requiring a lead inspector's license under 105 CMR 460.000 after his or her license has expired until a new license has been issued. A risk assessor may not conduct risk assessments, or any of the functions of a risk assessor, after his or her risk assessor license has expired until a new license has been issued.


(M) Denial, Modification, Limitation, Revocation or Refusal to Renew a License Based on Failure to File Reports or Pay Fees or Maintain Insurance. No hearing shall be afforded where denial, revocation, suspension or refusal to renew a license is based solely upon the failure of the applicant or license holder to file timely reports, schedules or applications or to pay lawfully prescribed fees, or to maintain insurance coverage as required by any law or regulation. M.G.L. c. 30A, § 13(3).


(N) Administrative and Judicial Review. The recommended decision of a Hearing Officer in any adjudicatory proceeding condemned under 105 CMR 460.400 shall be reviewed by the Commissioner and the Public Health Council. Their decision upon this review shall constitute a final agency decision in an adjudicatory proceeding subject to judicial review pursuant to M.G.L. c.30A, § 14. Any applicant or license holder who fails to exercise his or her right to an adjudicatory proceeding under 105 CMR 460.400 waives both his or her right to administrative review by the Commissioner and the Public Health Council, and his or her right to judicial review pursuant to M.G.L. c. 30A, § 14

(O) Only employees of the State Program, or its designated representatives, or agents of local boards of health and code enforcement agencies are authorized to conduct lead paint inspections of the residences of poisoned children.


(P) All inspectors are required to provide notice of inspection results as specified in 105 CMR 460.750. All risk assessors are required to provide notice of risk assessment results and reports and reinspection results, as specified in 105 CMR 460.750.


(Q) As a condition of licensure, inspectors and risk assessors shall agree to testify in enforcement proceedings initiated on the basis of the results of inspections and/or reinspections or risk assessments they perform.


(R) Inspectors and risk assessors shall not conduct lead paint inspections and/or risk assessments in any circumstance in which they have a financial or other conflict of interest. A conflict of interest shall include but not be limited to the following:

(1) any situation in which an inspector or risk assessor or any member of the inspector's or risk assessor's family has any beneficial interest in the property or expects or intends to acquire a beneficial interest in the property, including but not limited to an ownership interest or a commission on the sale of the property;

(2) any situation in which the inspector, the risk assessor or the business entity for which he or she works performs or has contracted to perform the deleading work on the residential premises or dwelling unit;



105 CMR 1950





(3) any situation in which any member of the inspector's or risk assessor's family or a business entity owned by or employing the family member of the inspector or risk assessor performs or has contracted to perform the deleading work on the residential premises or dwelling unit; and

(4) any situation in which the inspector or risk assessor has been paid or promised payment, or has received or promised any other form of compensation, by a deleading contractor.

460.410: Certification of Lead Inspector and Risk Assessor Training Providers

(A) Applicants for certification as lead inspector and risk assessor training providers shall meet the application requirements and accreditation standards and criteria established by the Director.


(B) Applications shall include submission of resumes of faculty, course curricula and agenda, training materials, manuals, inventories of equipment, examination materials and methodology, student/teacher ratios, and such other information or materials as may be required by the Director. Applicants shall identify and describe facilities for both classroom and field practicum training.


(C) Applicants need not be residents of, or provide training within, Massachusetts, provided the applicant meets the standards and requirements set by the Director.


(D) Certified lead inspector and risk assessor training providers shall pay a certification fee in an amount determined by the Commissioner of Administration.


(E) Certification as a lead inspector and risk assessor training provider shall be valid for a period of two years. Application for renewal of certification shall be made at least 30 days prior to the expiration of a current certification and such application shall have the effect of certification until the renewal application is acted upon by the State Program. The State Program shall have up to 60 days to approve the renewal application.


(F) The Director shall periodically monitor the quality of instruction offered by certified lead inspector and risk assessor training providers and shall be afforded the opportunity to do so upon request.


(G) The Director shall investigate all complaints concerning the quality of instruction offered by certified lead inspector and risk assessor training providers. The Director may impose penalties on certified lead inspector and risk assessor training providers who fail to meet or maintain a level of instruction adequate to fully train prospective lead inspectors and risk assessors in the requirements of M.G.L. c. 111, §§ 189A through 199B, 105 CMR 460.000 and 454 CMR 22.00. Penalties include but are not limited to letters of warning, probationary period, and suspension or revocation of certification.


(H) Certified lead inspector and risk assessor training providers shall maintain records of all material required as part of the application process, student applications, course attendance, examinations and grades for a period of six years. Upon the conclusion of each course, the certified training provider shall send a list of all successful graduates, with attendance and examination records, to the Director within 30 days of the conclusion of the course.


(I) Certified training providers shall revise their training curriculum to include new or additional topics timelines as by the Director.

460.420: Training and Licensure of Deleaders

(A) Only those persons, firms, corporations or other entities duly licensed as deleaders may conduct lead paint abatement and containment, with the exception of an unlicensed owner or owner's agent performing low-risk abatement and/or containment activities pursuant to 105 CMR 460.175.


(B) Certified deleaders may conduct deleading until January 1, 1990, pursuant to 454 CMR 22.00.


(C) All persons employed in performing building rehabilitation or renovation in a manner that disturbs paint, plaster or other materials containing dangerous levels of lead, shall meet all requirements and follow safety procedures specified in 454 CMR 22.00.


(D) Abatement and containment shall be conducted in compliance with 105 CMR 460.105, .110, .120, .130, .135, .140, .160, .170 and 175.


(E) Deleading contractors shall comply with all applicable Massachusetts laws and regulations, including but not limited to 454 CMR 11.00: Structural Painting Safety Code and the provisions of M.G.L. c. 152, Massachusetts Workers Compensation Law, 454 CMR 10.00, and 454 CMR 22.00.

460.430: Registration and Monitoring of Lead Inspectors and Deleaders

(A) The names of all lead inspectors, risk assessors and deleaders registered, certified or licensed pursuant to 105 CMR 460.400 or 454 CMR 22.00 shall be entered on a geographically indexed register maintained by the Director. Copies of the register shall be provided to all local boards of health, code enforcement agencies, authorized lead poisoning prevention programs, to the public upon request, and to owners of residential premises pursuant to 105 CMR 460.730(A) and .750(B)(1).


(B) The Director shall establish an on-going program to monitor and audit the quality of work of deleaders performing lead paint abatement or containment in the residences of lead poisoned or recently lead poisoned children, including but not limited to compliance with 105 CMR 460.110 through 460.170. Non-compliance shall be referred to the Department of Labor and Industries for appropriate action.


(C) A representative of the Director or the Department of Labor and Industries or a board of health or local code enforcement agency may issue an immediate cease-work order to any person who violates the terms or conditions of a deleader, lead inspector or risk assessor license or certification, or M.G.L. c. 111, §§ 197 or 197B, or 105 CMR 460.000 or 454 CMR 22.00, if such violation will endanger or materially impair the health or well-being of any occupant of a residential premises, any lead inspector or risk assessor, any deleader or any person employed in performing renovations or rehabilitation in a manner that disturbs paint, plaster or other materials containing dangerous levels of lead.

(D) Any person who violates the terms or conditions of any lead inspector, risk assessor or deleader certification or license or any regulation or law of the Commonwealth concerning such licensing or certification shall be punished by a fine of not less than $500 nor more than $1,500 for each offense. The Director or the Department of Labor and Industries or a code enforcement agency may file a written complaint with the district court in the jurisdiction in which the violation occurred. Punishment by fine may be in addition to the suspension of any license or certification.


(E) The names of persons conducting lead paint inspections or deleading who are not licensed or certified pursuant to 105 CMR 460.400 or 454 CMR 22.00, with the exception of an unlicensed owner or owner's agent performing low- risk abatement and/or containment activities pursuant to 105 CMR 460.175, shall be referred to the appropriate enforcement agencies.

460.500: Issuance of Official Reports

State Program, local code enforcement agency, and registered or licensed private and housing agency inspectors may conduct inspections, tests, sampling and measurements and issue official reports for the purpose of recording the presence or absence of dangerous levels of lead. Risk assessors may conduct inspections, tests, dust sampling, measurements and risk assessments, and issue official reports for the purpose of identifying the presence or absence of dangerous levels of lead, as well as identifying and evaluating the urgent lead hazards in a dwelling unit or residential premises, and determining the interim controls necessary to address those hazards. In addition, laboratories certified under the Laboratory Certification Protocol may issue official reports recording the levels of lead in dust.

460.5l0: Approved Testing Methodology

When used to determine compliance with M.G.L. c. 111, §§ 196(a) or (b) or 197, official reports under 105 CMR 460.500 shall be based upon methods of measurement specified in 105 CMR 460.020: Dangerous Level of Lead in Paint or Other Coatings Putty or Plaster(A) and (B) and 105 CMR 460.740. However, in no case shall a local code enforcement agency or housing agency inspector or private inspector use the atomic absorption spectrophotometry test, except with prior approval of the Director.

460.520: Authorized Test Personnel

Tests and measurements under 105 CMR 460.500 shall be performed by duly authorized employees or agents of the State Program or of the local code enforcement agency or by registered or licensed private or housing agency inspectors or by risk assessors or by employees of laboratories certified under the Laboratory Certification Protocol.

460.530: Reports of the State Laboratory, Boards of Health, Code Enforcement Agencies or Housing Inspection Agencies as Prima Facie Evidence

When certified as a true copy by the custodian of such records, a copy of any report of the State Laboratory or State Program or any division thereof, or of any local board of health, code enforcement agency, or housing inspection agency duly trained and authorized by the Director to implement the provisions of M.G.L. c. 111, §§ 189A through 199B and to conduct inspections for the presence of dangerous levels of lead or lead determinations or risk assessments shall be admissible in any judicial proceeding without further authentication by either the laboratory or by the agency for which said report was made and shall be prima facie evidence of the facts stated therein.

460.600: Concurrent Enforcement Authority

The Director and local boards of health or other code enforcement agencies have concurrent authority, pursuant to M.G.L. c. 111, § 198, to enforce M.G.L. c. 111, §§ 196 and 197.

460.610: Application of State Sanitary Code

Such enforcement authorities may utilize all power and authority provided to local boards of health by M.G.L. c. 111, §§ 127A through 127K. Any violation of M.G.L. c. 111, §§ 196 and 197 may, pursuant to M.G.L. c.111, § 198, be treated as a violation of the State Sanitary Code, and all procedures and remedies applicable to violations of said Code shall be available to correct, deter, or punish violations of said sections.

460 670: Emergency Matters

Violations of M.G.L. c. 111, §§ 196 and 197 are, pursuant to § 198, emergency matters, and are to be given preference by enforcing agencies and speedy hearings by housing, district and superior courts.

460.700: Enforcement by Local Code Enforcement Agencies

(A) Responsibilities Generally. Pursuant to M.G.L. c. 111, §§ 194 and 198, local code enforcement agencies have the responsibility for making inspections of residential premises and other buildings which children utilize, and for enforcing the lead poisoning prevention laws, consistent with their Sanitary Code inspection and enforcement responsibilities under M.G.L. c. 111, §§ 127A through 127K.


(B) Inspection Responsibility. A local code enforcement agency is obligated to inspect for lead paint whenever it conducts an inspection for violations of Chapter II of the State Sanitary Code pursuant to 105 CMR 410.822(B) in a dwelling unit or residential premises constructed before 1978, where a child under six resides. If it is not clear to the inspector whether children reside in the premises or what their ages are, the inspector shall ask the owner and/or occupants of the premises for this information at the time of the inspection. If the inspector is not certain whether or not a residence was constructed before 1978, the inspector shall check the relevant building permit at the city or town building department. If the inspector verifies that the dwelling was constructed in 1978 or later, the inspector shall nevertheless determine whether any other structures within the same lot line were constructed before 1978, and if so, inspect them for lead paint. The obligation to inspect for lead paint must be fulfilled in one of the following two ways:

(1) A lead inspection shall be conducted at the time of the Sanitary Code inspection, or the person conducting the Sanitary Code inspection shall ensure that a separate lead inspection by a licensed lead inspector is conducted within the timelines specified in the Sanitary Code at 105 CMR 410.820, or;

(2) In lieu of a complete lead inspection, the lead determination procedure set forth below may be followed at the time of the Sanitary Code inspection and in all cases listed in 105 CMR 460.710 except 460.710(A). The lead determination procedure shall be performed in one of the two following ways:

(a) A licensed code enforcement inspector or a licensed private inspector under contract with a code enforcement agency shall perform lead determinations on a minimum of five surfaces specified by the State Program. Should no violations be found, the licensed code enforcement or licensed private inspector shall continue to perform lead determinations on surfaces indicated in 105 CMR 460.110(B)(1) through (3) until at least one positive determination is made or until a complete lead inspection is performed pursuant to 105 CMR 460.730.

(b) A licensed code enforcement lead determination inspector shall perform lead determinations on a minimum of five surfaces specified by the State Program. Should no violations be found, the inspector shall continue to perform lead determinations on up to 15 additional surfaces specified by the State Program until at least one positive determination is made. Should no positive lead determination be made, the case shall be referred to a licensed code enforcement inspector or a licensed private inspector under contract with the code enforcement agency, who shall conduct a lead inspection of the residential premises including all structures within the lot line, within ten working days. Should there be no licensed code enforcement or private inspector available, the licensed code enforcement lead determination inspector shall refer the case to the Director in writing within two working days of the lead determination(s) for inspection by the State Program.

1. A licensed code enforcement lead determination inspector shall be designated as such by completing a specialized code enforcement inspector training program and field practicum prescribed by the Director.

2. Licensed code enforcement lead determination inspectors are not authorized to issue letters of compliance.

(3) If at least one positive lead determination is made pursuant to the procedures described in 105 CMR 460.700(13)(2)(a) or (b), the code enforcement agency shall issue an Order to Correct Violation(s). Said Order shall state or summarize the following:

(a) That all violations of M.G.L. c. 111, § 197 and 105 CMR 460.000 as identified by a licensed private lead inspector or licensed risk assessor must be addressed to bring the dwelling unit or residential premises into compliance with M.G.L. c. 111, § 197 and 105 CMR 460.000, including but not limited to those violations identified through the indicated lead determination(s);

(b) that in order to address these violations identified by a licensed inspector or risk assessor, the owner is required to contract in writing with a licensed deleader for all necessary abatement or containment work that does not constitute low-risk abatement or containment under 105 CMR 460.175. An unlicensed owner or his/her agent may perform the low-risk abatement and/or containment activities in compliance with 105 CMR 460.175 and other work required for interim control that is not abatement or containment. The owner must provide to the code enforcement agency within 60 days of the owner's receipt of the Order to Correct Violation(s) a copy of the signed contract with a licensed deleader, and if he/she or his/her agent is performing any of the work, a signed statement that the owner or his/her agent has complied with the training prerequisites and passed the examination required by 105 CMR 460.175(B), to qualify for and perform low-risk abatement and/or containment activities on a form approved by the Director;

(c) the owner is required to complete the abatement or containment of dangerous levels of lead in the interior of the dwelling unit and interior common areas of the residential premises within 90 days of receipt of the Order to Correct Violation(s), and the owner is required to complete the abatement or containment of dangerous levels of lead on the exterior of the residential premises within 120 days of the Order;

(d) that, however, the owner shall have a total of 120 days from the receipt of the Order to finish performing or having performed, the following activities:

1. any owner/agent low-risk abatement and/or containment activities, as long as all dust-generating abatement and/or containment work, or surface preparation, is completed within 90 days from the receipt of the Order or,

2. application of encapsulants by Level II Deleaders, as long as all dust-generating abatement and/or containment work, or surface preparation, is completed within 90 days of the owner's receipt of the Order or,

3. installation of replacement windows, as long as new windows have been ordered within 90 days of the owner's receipt of the Order.

(e) that a Letter of Full Compliance issued by a licensed private lead inspector, or a Letter of Interim Control issued by a licensed risk assessor is required within the time periods specified above in order to document compliance with the Order;

(f) that the owner may become liable for civil punitive damages equal to treble any actual damages for willful failure to comply with the Order;

(g) that if the property is not brought into full compliance or if interim controls are not completed within the time periods stipulated, the code enforcement agency may contract with a licensed deleader to correct the violations to obtain a Letter of Full Compliance or a Letter of Interim Control, and bill the owner, or initiate court action to reimburse itself.

(4) The code enforcement agency shall within three working days initiate judicial proceedings which may be either criminal proceedings seeking enforcement of penalties provided under M.G.L. c. 111, §§ 194 through 199A and the Sanitary Code, 105 CMR 400.700; or a civil action for injunctive relief, brought pursuant to M.G.L. c. 111, §§ 127A through 127C, or c. 186, § 14, or c. 93A against the owner, and any other person who may be joined pursuant to M.G.L. c. 111, § 127N, if:

(a) a copy of the signed written contract with a licensed deleader, and a signed statement that the owner or his/her agent has complied with the training prerequisites and passed the examination required by 105 CMR 460.175(B), to qualify for and perform low-risk abatement and/or containment activities, if applicable, on a form approved by the Director is not received within 60 days of the owner's receipt of the Order to Correct Violation(s); or

(b) documentation that the conditions of a reoccupancy reinspection pursuant to 105 CMR 460.760(A) have been met is not received within 90 days of the owner's receipt of the Order to Correct Violation(s); or

(c) a Letter of Full Compliance or a Letter of Interim Control is not received within 120 days of the owner's receipt of the Order to Correct Violation(s).

(C) Emergency Matters. Violations of M.G.L. c. 111, §§ 196 and 197 produce immediate danger of lead poisoning and constitute emergency matters pursuant to M.G.L. c. 111, § 198 and within the meaning of the State Sanitary Code, 105 CMR 400.200(B), and local code enforcement agencies shall treat them as emergency matters. Therefore, local code enforcement agencies shall follow the time limitations established in 105 CMR 460.710, 460.750, 460.760, 460.770 and 460.800 and shall give preference to violations of M.G.L. c. 111, §§ 196 and 197 over all other violations except other emergency matters.

460.710: Scope of Inspection Responsibility and Inspection Priorities

Employees of the State Program, its agents, and agents of local boards of health and other code enforcement agencies are obligated to inspect for lead paint only in dwelling units or residential premises constructed before 1978, unless an identified lead poisoned child resides in the premises, in which case the premises must be inspected regardless of the date of construction. If the inspector is not certain whether or not a residence was constructed before 1978, the inspector shall check the relevant building permit at the city or town building department. If the inspector verifies that the dwelling was constructed in 1978 or later, the inspector shall nevertheless determine whether any other structures within the same lot line were constructed before 1978, and if so, perform a lead inspection on them, or test them according to the lead determination enforcement procedure described in 105 CMR 460.700(B) and 105 CMR 460.735.

Employees of the State Program, its agents, and agents of local boards of health and other code enforcement agencies shall carry out lead inspections or where appropriate, the lead determination enforcement procedure according to the following priorities:

(A) Dwelling units in which a child lives who is determined to be lead poisoned as defined in 105 CMR 460.020. Such dwelling units shall be inspected as soon as possible in accordance with the State Program's Case Priority Protocol by the State Program's lead inspectors, local lead poisoning prevention program, board of heath or local code enforcement agency. Such inspections shall be prioritized by the State Program's case management staff based on the U.S. Centers for Disease Control Risk Classification Schedule, the child's age, and clinical, nutritional and other appropriate factors.


(B) Dwelling units in which a child lives whose blood lead level is determined to be elevated but below 25 micrograms/deciliter (mcg/dl) or above 25 mcg/dl with an erythrocyte protoporphyrin level below 35 mcg/dl. Such inspections shall be prioritized by the State Program's case management staff.


(C) Dwelling units in which a child under six years of age lives for which an inspection is requested by the occupant.


(D) All dwelling units in the same building or buildings located within the same lot line and in buildings adjacent to residential premises described under 105 CMR 460.710(A) in which a child under six lives.


(E) All premises which are to be used as child care facilities upon request of the Office for Children, the operator of the facility or a parent of a child who may attend such a facility.


(F) Dwelling units at time of lease to a family with a child under six years of age unless a letter of compliance has been issued for said unit.

460.720: Property Transfer Lead Notification and Disclosure

(A) Whenever any residential premises containing dangerous levels of lead in paint, plaster or other accessible structural material undergoes a change of ownership and as a result a child under six will become or will continue to be a resident therein, the new owner shall have ninety days after becoming the owner to obtain a Letter of Full Compliance or a Letter of Interim Control.

(B) Prior to the signing of a purchase and sale agreement or lease with an option to purchase, all persons selling or leasing with an option to purchase any residential premises constructed prior to 1978 shall provide a copy of the property transfer notification issued by the Director to the prospective purchaser or lessee-prospective purchaser. In addition, at this time, the seller or lessor-prospective seller shall provide to the prospective purchaser or lessee- prospective purchaser all information and documentation about lead hazards known to the seller, lessor prospective seller or real estate agent including but not limited to:

(1) Whether or not the residential premises or any dwelling units therein have been certified in compliance with 105 CMR 460.750(A)(1) and 105 CMR 460.760(E)(2) or 105 CMR 460.105(D)(2), and a copy of any Letter of Full Compliance or Letter of Interim Control which was issued.

(2) If the residential premises or dwelling units therein have been inspected for lead paint, plaster, soil or other accessible structural material, or if there has been a risk assessment performed on the residential premises or dwelling units therein, copies of any lead inspection and risk assessment reports concerning the residential premises or any dwelling units therein; and

(3) Incidents of any past or present reported cases of lead poisoning in occupants, but without disclosure of the individual's name.


(C) The prospective purchaser or lessee-prospective purchaser shall be informed by the seller or lessor-prospective seller of residential premises constructed prior to 1978 and any real estate agent involved in such sale about the availability of inspections for dangerous levels of lead.

(1) Should the prospective purchaser or lessee-prospective purchaser choose to have an inspection performed, the seller or lessor-prospective seller shall afford the prospective purchaser or lessee-prospective purchaser a period of ten days or such longer time as the seller and the prospective purchaser or lessor-prospective seller and lessee- prospective purchaser may agree to have such inspection performed, either through a lead inspection contingency clause in the purchase and sale agreement or otherwise. If a lead inspection is performed, the prospective purchaser or lessee-prospective purchaser shall provide a copy of the inspection report to the seller.

(2) In circumstances where the sale will occur as a result of a foreclosure proceeding, the seller shall provide each potential purchaser with notification as required in 105 CMR 460.720(B) and shall obtain from each prospective purchaser a signed, written acknowledgment that the potential purchaser understands that s/he will not have the opportunity to have a lead inspection conducted prior to the sale.


(D) If any real estate agent involved in the sale or lease with an option to purchase has provided the prospective purchaser or lessee-prospective purchaser with the required information and materials, said agent shall verbally inform the prospective purchaser or lessee-prospective purchaser of the possible presence of dangerous levels of lead and the provisions of the lead law and regulations, including the purchasers responsibility to bring the property into compliance with M.G.L. c. 111, § 197, and 105 CMR 460.105 and .110, as applicable if a child under six resides or will reside therein. In addition, said agent shall obtain the prospective purchaser's or lessee-prospective purchaser's certification in the form of a signed, written acknowledgment by the prospective purchaser or lessee-prospective purchaser that s/he has been so notified prior to the signing of the purchase and sale agreement or lease with an option to purchase. If a real estate agent has provided the prospective purchaser or lessee-prospective purchaser with the required information and materials, but the prospective purchaser or lessee-prospective purchaser refuses to sign a written acknowledgment, the agent may attach to the purchase and sale agreement or lease with an option to purchase a statement that the agent has duly notified the prospective purchaser or lessee-prospective purchaser, but the prospective purchaser or lessee-prospective purchaser refused to sign a written acknowledgment.

460.725: Tenant Lead Law Notification and Disclaimer

(A) Effective September 1, 1995, prior to entering into a tenancy agreement, the owner or managing agent of a residential premises or dwelling unit built prior to 1978 shall disclose to the prospective tenant of that residential premises or dwelling unit any information and documentation about lead hazards known to the owner, including the location of paint, plaster or other accessible structural materials containing dangerous levels of lead, and such locations that have been covered or encapsulated. The documentation to be provided the prospective tenant in this regard shall consist of the following, pursuant to M.G.L. c. 111, s. 197A(d):

(1) Two copies of the Tenant Lead Law Notification/Tenant Certification form issued by the Director, with the Tenant Certification form to be completed and signed by both the prospective tenant and the owner or managing agent. One copy of this form is to be retained by the prospective tenant and the other copy is to be retained by the owner or managing agent;

(2) A copy of any Letter of Full Compliance or Letter of Interim Control issued for the dwelling unit;

(3) A copy of the most recent lead inspection report or risk assessment report for the dwelling unit and the common areas or exterior surfaces of the residential premises in which the dwelling unit is located, if an inspection or risk assessment has been performed.


(B) Between December 1, 1995 and December 1, 1996, the owner or managing agent of a residential premises or dwelling unit built before 1978 shall, prior to renewal of a lease or the anniversary date of a self-extending lease, or in cases of tenancies in which there is a multi-year lease or no lease, at any time before December 1, 1996, disclose to the tenant of that residential premises or dwelling unit any information and documentation about lead hazards known to the owner, including the location of paint, plaster or other accessible structural materials containing dangerous levels of lead, and such locations that have been covered or encapsulated. The documentation to be provided the tenant in this regard shall consist of the following:

(1) Two copies of the Tenant Lead Law Notification/Tenant Certification form issued by the Director, with the Tenant Certification form to be completed and signed by both the tenant and the owner or managing agent. One copy of this form is to be retained by the tenant and the other copy is to be retained by the owner or managing agent;

(2) A copy of any Letter of Full Compliance or Letter of Interim Control issued for the dwelling unit;

(3) A copy of the most recent lead inspection report or risk assessment report for the dwelling unit and the common areas or exterior surfaces of the residential premises in which the dwelling unit is located, if an inspection or risk assessment has been performed.

The requirements of 105 CMR 460.725(B) shall not apply in cases in which the owner or managing agent has provided documentation to the tenant in accordance with 105 CMR 460.725(A).

(C) If the owner or managing agent has provided the prospective tenant or tenant with the documentation required in 105 CMR 460.725(A) and (B), but the prospective tenant or tenant refuses to sign the Tenant Certification form, the owner or managing agent may check off the statement in the Tenant Certification form attesting to the fact that he or she has provided the required documentation to the prospective tenant or tenant, but the prospective tenant or tenant refused to sign the Tenant Certification form. The owner or managing agent may then write down, in the space provided, the reason given by the prospective tenant or tenant for his or her refusal to sign the Tenant Certification form.

(D) For purposes of satisfying the requirements of 105 CMR 460.725(A)(1) and (B)(l), the owner or managing agent may voluntarily incorporate the Tenant Lead Law Notification/Tenant Certification form issued by the Director as a provision in a written lease agreement, or use a preprinted written lease agreement incorporating the Tenant Lead Law Notification/Tenant Certification form. When incorporated as a provision of the lease, the contents of the Tenant Lead Law Notification/Tenant Certification form must be reproduced, in unaltered form, in their entirety. In no case may the words be amended, the information rearranged or reordered, or the type size reduced from that which appears in the Tenant Lead Law Notification/Tenant Certification form issued by the Director.


(E) An owner or managing agent of elderly housing, including retirement communities or similar types of housing reserved for persons 62 years of age or older may modify the manner in which notification, disclosure and certification are conducted pursuant to 105 CMR 460.725(A) or (B), upon approval of the Director.

(F) An owner who complies with the Short-Term Vacation or Recreational Rental Exemption pursuant to 105 CMR 460.100(D) is exempt from the requirements of 105 CMR 460.725. An owner of a dwelling unit having fewer than 250 square feet of floor space, calculated on the basis of total habitable room area, or which is used as a rooming house; provided that no child under six years of age occupies said dwelling unit, is exempt from the requirements of 105 CMR 460.725.

460.730: Procedures for Initial Inspection

Inspectors shall observe the following procedures in any initial inspection to detect dangerous levels of lead.

(A) Pre-inspection Information. An inspector or risk assessor must inform the property owner prior to beginning an inspection that at the property owner's discretion, the inspector or risk assessor may include an assessment of whether individual substrates and surfaces are appropriate for encapsulation, and a determination, for each surface, of whether or not abatement or containment can be conducted by an unlicensed owner or owner's agent. In addition, the property owner must be informed that only a risk assessor may include a risk assessment to determine the requirements for interim control. Inspectors or risk assessors shall also at this time give owners printed materials produced by the State Program on encapsulation, owner/agent low-risk abatement and containment activities and interim control, to aid owners in their decision making. Finally, inspectors or risk assessors shall provide information on different methods for achieving full compliance as set forth in 105 CMR 460.000.

(1) Fill out diagrammatic floor plan according to instructions. Indicate on plan: position of common areas, halls, each room, stairs, and each porch. Use one block for each except for common areas; designate all rooms by number rather than function.

(2) Identify painted surface tested by room number and side A, B, C, D (in reference to street side A as indicated on diagram).

(3) Identify painted surface as: wall, ceiling, floor, window sash, mullions, window casing, interior or exterior window sill, door, door jamb, closet door, closet shelves, railing cap, baluster, cabinets, baseboard, chair rail, porch rail, porch baluster, porch wall, porch ceiling, porch floor, etc.

(4) Indicate whether paint is loose or intact.

(5) If the property owner is interested in containment through encapsulation, either by a licensed Level II Deleader or by the owner or the owner's agent, the inspector must include an assessment of whether individual substrates and surfaces are appropriate for encapsulation. Information regarding substrate and paint or other coating condition(s) shall be indicated on a form approved by the State Program. The assessment shall include the use of a tape test on appropriate surfaces.

(6) If an unlicensed property owner is interested in performing, or having an agent perform, low-risk abatement and/or containment activities in compliance with 105 CMR 460.175, the inspector must include a determination, for each surface, of whether or not low-risk abatement or containment can be conducted by an unlicensed owner or owner's agent.


(B) Identification of Surfaces Covered with Paint or Other Coatings. Begin the lead inspection by clearly identifying the location of surfaces covered with paint or other coatings tested in accordance with the following instructions, using a form approved by the State Program.

(1) Fill out diagrammatic floor plan according to instructions. Indicate on plan: position of common areas, halls, each room, stairs and each porch. Use one block for each except for common areas; designate all rooms by number rather than function.

(2) Identify surface covered with paint or other coatings tested by room number and side A, B, C, D (in reference to street side A as indicated on diagram).

(3) Identify painted surface as: wall, ceiling, floor, window sash, mullions, window casing, interior or exterior window sill, door, door jamb, closet door, closet shelves, railing cap, baluster, cabinets, baseboard, chair rail, porch rail, porch baluster, porch wall, porch ceiling, porch floor, etc.

(4) Indicate whether paint is loose or intact.


(C) Loose Paint. Test surfaces with loose paint at any height. If the surface is inaccessible to the inspector, it is the owner's responsibility to either provide a sample of the paint or delead the area in question, except that metal surfaces and fixtures other than window sills, hand rails and railing caps, need only be made intact.


(D) Windows. For windows with sills five feet or less from the floor or ground, test intact paint and putty on all surfaces indicated in 105 CMR 460. 110(B)(2), including, in the case of metal windows on which all lead paint is intact, only the sills. For exterior paint, remove a sample the size of a quarter or greater with a utility knife from the bottom rails of the upper and lower sash, taking care to include every paint layer. If a sample cannot be obtained by the inspector, it is the property owner's responsibility to either provide a sample or delead the area in question if adjacent window parts contain paint with dangerous levels of lead.

(E) Intact Paint. Test intact paint on accessible, mouthable surfaces and architectural elements below the five-foot level. in the case of metal surfaces and architectural elements, intact paint must only be tested on window sills, handrails and railing caps, including handrails and railing caps on fire escapes when the fire escapes are used as porches. However, if the paint on other metal surfaces and architectural elements is not intact in its entirety, paint from such surfaces shall be tested. If found to have dangerous levels of lead, surfaces and architectural elements shall be subject to the requirements of 105 CMR 460.110.


(F) Common Areas. Passageways and Exteriors. Follow the procedures in 105 CMR 460.730(A) through (D) for inspection of halls and stairways between apartments and exteriors of buildings as well as interiors of individual apartments. Generally, common areas extend from the basement, if applicable, to the floor on which the dwelling unit under inspection is located. Common areas may include passageways and floors above the floor on which the dwelling unit under inspection is located if the Director determines that such areas present the threat of lead exposure. Common areas do not include rooms or closets to which a child has no possible access.


(G) Discovery of Evidence of Unauthorized Deleading Upon Initial Inspection. Inspectors shall be observant for evidence of unauthorized deleading while conducting initial inspections. Paint chips, paint residues, paint dust and dust generated from sanding exemplify such evidence and may be accompanied by a line five feet from the floor or ground on accessible, mouthable surfaces demarcating removal of paint below that height.

(1) Upon the discovery of such evidence, the inspector shall:

(a) Refuse to issue a letter of initial inspection compliance.

(b) Resolve any uncertainty as to whether or not visible dust is leaded, by taking dust samples following procedures specified in 105 CMR 460.170. The Director shall determine whether or not dust lead levels constitute a threat to occupants or future occupants based on the results of the dust analyses and any other information the Director may require of the inspector in cases in which lead dust is the sole evidence of unauthorized deleading.

(c) Inform the property owner that the conditions of 105 CMR 460.160 and 460.760 must be met for a letter of deleading compliance to be issued.

(d) Complete the Report of Inspection described in 105 CMR 460.750(A)(3).

(2) Upon confirmation of unauthorized deleading, the Director shall refer the case to the Department of Labor and Industries for enforcement action.

460.735: Use of the Lead Determination Enforcement Procedure by the State Program and Its Agents

State Program inspectors and local lead poisoning prevention program inspectors who are agents of the State Program may use the lead determination procedure described below in lieu of a lead inspection in all cases listed in 105 CMR 460.710 except 460.710(A), in a dwelling unit or residential premises constructed before 1978. A lead determination report form approved by the Director shall be used to record test results.

(A) If the inspector is not certain whether or not a residence was constructed before 1978, the inspector shall check the relevant building permit at the city or town building department. If the inspector verifies that the dwelling was constructed in 1978 or later, the inspector shall nevertheless determine whether any other structures within the same lot line were constructed before 1978, and if so, perform a lead inspection on them or test them according to the lead determination procedure set forth below.


(B) The inspector shall perform lead determinations on a minimum of five surfaces specified by the State Program. Should no violations be found, the inspector shall continue to perform lead determinations on surfaces indicated in 105 CMR 460.110(B)(1) through (3) until at least one positive determination is made or unit a complete lead inspection is performed pursuant to 105 CMR 460.730.

(C) If at least one positive determination is made, the inspector shall issue an Order to Correct Violation(s). Said Order shall require that all violations of M.G.L. c. 111, § 197 and 10S CMR 460.000 as identified by a licensed private lead inspector must be corrected including but not limited to those violations identified through the indicated as determination(s), within the enforcement deadlines specified at 105 CMR 460.751 (C).

460.740: Testing Methods

Paint, or Other Coating, Plaster and Putty. The following tests are acceptable methods of determining whether paint or other coating in a dry film, plaster or putty contains a dangerous level of lead under 105 CMR 460.020 and 460.510. All lead inspectors shall follow the procedures set forth herein in performing said tests:

(1) Testing with Mobile X-Ray Fluorescence Analyzer. Operate the instrument in conformity with the manufacturer's instructions. The instrument's standardization must be verified at least once a day when the instrument is being operated, or more often if so specified by the manufacturer, and a logbook must be maintained of all readings made during standardization verification.

(2) Testing with 6 to 8 Percent Sodium Sulfide Solution. To test peeling or flaking paint or putty, place a drop of thesolution on both surfaces and on the edge of the chip. Make a V-shaped incision in intact surfaces so that each layer of paint or putty is exposed down to the substrate and place a drop of the solution in the incision. The formation of a light to dark gray or black color indicates lead in a concentration greater than 0.5%. Replace sodium sulfide solution monthly or if contaminated. This test shall not be performed directly on iron or copper pipes, railings or radiators, or other metal surfaces. See 105 CMR 460.020: Dangerous Level of Lead in Paint or Other Coating Putty or Plaster (B)(1).

460.750: Notice of Initial Inspection Results and Results of Lead Determinations Conducted as Part of Code Enforcement Proceedings

(A) All inspectors shall use the following procedure after making an inspection:

(1) No Violation Upon Initial Inspection. Upon determination that the lead level of those painted surfaces stipulated in 105 CMR 460.000 is 1.2 mg/cm² or less, or if such surfaces test negative with sodium sulfide and there is no evidence of unauthorized deleading, the property shall be certified as being in full compliance with M.G.L. c. 111, § 197 and 105 CMR 460.000 and a Letter of Full Initial Compliance shall be issued. Said Letter shall be valid only as long as coverings over lead paint or other leaded material remain in place and provide an effective barrier, and no loose lead paint or other leaded accessible structural materials is present.

(2) Notice of Violations. When dangerous levels of lead are found by initial inspection or risk assessment in the common areas and/or exterior of a residential premises, the inspector or risk assessor shall include a written notice of dangerous levels of lead and, in interim control cases, urgent lead hazards prepared by the Director for inclusion with the inspection or risk assessment report to the owner at 105 CMR 460.750(A)(3). The owner shall distribute a copy of the notice to all occupants of the residential premises.

(3) Report of Inspection.

(a) Whenever dangerous levels of lead are found by initial inspection, and when urgent lead hazards are identified by a risk assessment, the inspector or risk assessor shall report this to the owner, to the tenants in the dwelling unit, and to the Director of the State Program on forms approved by the Director. Both the inspection and risk assessment reports shall include a properly completed copy of the inspection form approved by the State Program, and the risk assessment report shall further include a properly completed copy of the risk assessment form approved by the State Program. These reports shall also indicate information for tenants about tenants' rights and remedies under the Lead Law, M.G.L. c. 111, §§ 189A-199B, and Regulations for Lead Poisoning Prevention and Control, 105 CMR 460.000, and State Sanitary Code, and information on how to reduce children's exposure to dangerous levels of lead by frequent wet mopping, hand washing, use of temporary coverings or barriers and restriction of play in lead-contaminated soil, and upon the request of an owner, which shall be required whenever an owner will be performing low-risk abatement and/or containment activities, specification of which low risk abatement and/or containment activities may be performed by an unlicensed owner or owner's agent on the owner's property.

(b) These reports shall be sent by the following deadlines:

1. the end of the third working day after the inspection or risk assessment, if the inspection or risk assessment discloses a situation listed in 105 CMR 460.750(B)(2)(a), unless,

2. the inspection or risk assessment was conducted as part of a Sanitary Code inspection, in which case the reports shall be sent within seven working days after the inspection or risk assessment; or

3. within ten working days after the inspection or risk assessment for all other inspections and risk assessments.

(c) The owner shall send a copy of the inspection report or risk assessment report to all mortgagees and lienholders of record.


(B) Code enforcement inspectors shall use the following procedures after performing an inspection or lead determinations conducted as part of an enforcement procedure:

(1) Notice to Owner. If the initial inspection or lead determinations reveal a dangerous level of lead, the code enforcement inspector shall provide a notice to the owner that the dangerous level of lead violates the Lead Law, M.G.L. c. 111, §§ 197 and 199, if a child under six is living or will live in the premises and is a violation of the State Sanitary Code (see M.G.L. c. 111, § 127A) which may endanger or materially impair the health of occupants, especially children. The code enforcement inspector shall have provided the owner with all the information in 105 CMR 460.730(A) on methods of correcting violations to achieve full compliance or interim control. For lead determination enforcement cases, the agency shall also provide a copy of the register of licensed lead inspectors. Interim controls are not an option to owners with respect to dwelling units in which a child lives who is determined to be lead poisoned, unless a waiver is obtained from the Director, pursuant to 105 CMR 460.100(A)(3). (2) Order to Correct Violation(s)

(a) The code enforcement agency shall issue an Order to Correct Violation(s) in any of the following situations:

1. if a child under six years of age resides in the dwelling unit;

2. if a child under six years of age who is lead poisoned or has a blood lead elevation resides in the dwelling unit;

(b) The Order to Correct Violation(s) shall state the enforcement deadlines that are applicable pursuant to 105 CMR 460.751, and shall also state:

1. The owner may become liable for civil punitive damages equal to treble any actual damages for willful failure to comply with the Order.

2. If within the stipulated time periods the property is not brought into full compliance, or interim controls are not completed, the code enforcement agency may contract with a licensed deleader to correct the violations and obtain either a Letter of Full Compliance, or a Letter of Interim Control, and bill the owner, or initiate court action to reimburse itself.

460.751: Enforcement Deadlines According to Type of Case

Code enforcement agencies shall apply the following deadlines to the following type of cases:

(A) A case involving a lead poisoned child in which the owner is in need of financial assistance to accomplish abatement and/or containment for full compliance:

(1) Within 30 days of the owner's receipt of the Order to Correct Violation(s), the owner must provide to the code enforcement agency written documentation of the owner's effort to secure financing. Examples of such documentation include, but are not limited to, a copy of a loan application submitted to a lending institution or a government agency which offers home improvement loans and/or loans for abatement and/or containment work for full compliance. The documentation need not include those portions of a loan application which disclose personal financial data. In addition, the code enforcement agency must be provided with a written acknowledgment from the lending institution or governmental agency that verifies the owner's effort to secure financing for abatement and/or containment work for full compliance. The need for financial assistance does not relieve the owner of the obligation to obey the Order to Correct Violation(s).

(2) Within 60 days of the owner's receipt of the Order to Correct Violation(s), the owner must provide to the code enforcement agency a copy of a signed written contract with a licensed deleader and a signed statement that the owner or his/her agent has complied with the training prerequisites and passed the examination required by 105 CMR 460.175(B), to qualify for and perform low-risk abatement and/or containment activities, if applicable, on a form approved by the Director. The contract shall specify, and in the event the unlicensed owner or owner's agent will be performing low-risk abatement and/or containment activities, the owner or owner's agent shall attest in writing, that the deleading will be completed according to the following schedule:

(a) Violations of the interior of the dwelling unit and interior common areas must be abated and/or contained within 90 days of the owner's receipt of the Order to Correct Violation(s), except that the owner shall have a total of 120 days from the receipt of the Order for completion of the following activities:

1. any owner/agent low-risk abatement and/or containment activities, as long as all dust- generating abatement and/or containment work, or surface preparation, is completed within 90 days from the receipt of the Order or;

2. application of encapsulants by Level II Deleaders, as long as all dust-generating abatement and/or containment work, or surface preparation, is completed within 90 days from the receipt of the Order or,

3. installation of replacement windows, as long as new windows have been ordered within 90 days of the owner's receipt of the Order.

(b) Violations on the exterior of the residential premises and exterior common areas must be abated and/or contained for full compliance within 120 days from the owner's receipt of the Order to Correct Violation(s).


(B) A case involving a lead poisoned child in which the owner is not in need of financial assistance to accomplish abatement and/or containment for full compliance:

(1) Within 30 days of the owner's receipt of the Order to Correct Violation(s), the owner must provide to the code enforcement agency a copy of a signed written contract with a licensed deleader and a signed statement that the owner or his/her agent has complied with the training prerequisites and passed the examination required by 105 CMR 460.175(B), to qualify for and perform low-risk abatement and/or containment activities, if applicable, on a form approved by the Director. The contract shall specify, and in the event the unlicensed owner or owner's agent will be performing low-risk abatement and/or containment activities, the owner or owner's agent shall attest in writing that the abatement and/or containment for full compliance will be completed according to the following schedule:

(a) Violations of the interior of the dwelling unit and interior common areas must be abated and/or contained within 60 days of the owner's receipt of the Order to Correct Violation(s), except that the owner shall have a total of 90 days from the receipt of the Order for completion of the following activities:

1. any owner/agent low-risk abatement and/or containment activities, as long as all dust- generating abatement and/or containment work, or surface preparation, is completed within 60 days from the receipt of the Order or;

2. application of encapsulants by Level II Deleaders, as long as all dust-generating abatement and/or containment work, or surface preparation, is completed within 60 days from the receipt of the Order or,

3. installation of replacement windows, as long as new windows have been ordered within 60 days of the owner's receipt of the Order.

(b) Violations on the exterior of the residential premises and exterior common areas must be abated and/or contained for full compliance within 90 days from the owner's receipt of the Order to Correction Violation(s).


(C) A case in which no lead poisoned child resides in the premises:

(1) Within 60 days of the owner's receipt of the Order to Correct Violation(s), the owner must provide to the code enforcement agency a copy of a signed written contract with a licensed deleader and a signed statement that the owner or his/her agent has complied with the training prerequisites and passed the examination required by 105 CMR 460.175(B), to qualify for and perform low-risk abatement and/or containment activities, if applicable, on a form approved by the Director. The contract shall specify, and, in the event the unlicensed owner or owner's agent will be performing low-risk abatement and/or containment activities, the owner or owner's agent shall attest in writing. that the abatement and/or containment for full compliance, or interim controls, will be completed according to the following schedule:

(a) Violations of the interior of the dwelling unit and interior common areas must be abated and/or contained for full compliance, or interim control, within 90 days of the owner's receipt of the Order to Correct violation(s),except that the owner shall have a total of 120 days from the receipt of the Order for completion of the following activities:

1. any owner/agent low-risk abatement and/or containment activities, as long as all

dust-generating abatement and/or containment work, or surface preparation, is completed within 90 days from the receipt of the Order or;

2. application of encapsulants by Level II deleaders, as long as all dust-generating days from the receipt of the Order or,

3. installation of replacement windows, as long as new windows have been ordered within 90 days of the owner's receipt of the Order.

(b) Violations on the exterior of the residential premises and exterior common areas must be abated and/or contained for full compliance, or addressed as required for interim control within 120 days from the owner's receipt of the Order to Correct Violation(s).

(D) A case involving a lead poisoned child in which the owner has received a waiver from the Director, pursuant to 105 CMR 460.100(A)(3), to perform interim controls, shall proceed in accordance with the requirements and timelines of 105 CMR 460.751 (C).

460.760: Reinspection and Full Compliance

(A) Reoccupancy Reinspection. Occupants of a dwelling unit or residential premises undergoing deleading may not resume occupancy until the dwelling unit successfully meets the conditions of a reoccupancy reinspection. All lead inspectors shall conduct reoccupancy reinspections and if applicable, all subsequent reinspections, using a copy of the initial inspection report. The conditions of a reoccupancy inspection are as follows:

(1) The reoccupancy reinspection should be conducted as soon as possible following the final clean-up. No other interior abatement or containment activities may occur following final clean-up unless the requirements stated in 105 CMR 460.160(A) through (E) are repeated, except for the following:

(a) application of encapsulants, either by licensed Level II Deleader or unlicensed owners and owners' agents, and

(b) other low-risk abatement and/or containment activities, except the replacement, abatement or containment of doors, undertaken by unlicensed owners and owners' agents in accordance with 105 CMR 460.175.

(2) All replacement, abated or contained doors must be in place at the time of the reoccupancy reinspection.

(3) All rigid or flexible coverings affixed to surfaces must be completely in place at the time of the reoccupancy reinspection, except that unlicensed owners or owners' agents may affix coverings to reoccupancy reinspection as long as such surfaces, including nonimpact or nonfriction surfaces, either are intact or have been made intact by a licensed deleader prior to the time of the reoccupancy reinspection.

(4) Abated surfaces from which lead paint has been completely removed cannot have been repainted or received a sealant coating equivalent to paint at the time of the reoccupancy reinspection unless they were previously inspected and approved while the substrate was bare.

(5) Every interior surface previously found to be in violation and those exterior window surfaces listed in 105 CMR 460.100 shall be thoroughly visually inspected to ascertain that all leaded coatings have been completely removed to the bare substrate and that no film or visible dust is present on the deleaded surface, or alternatively, where appropriate, such surfaces have been properly prepared for containment or contained.

(a) Abated surfaces. The inspector shall determine that every abated surface has been made intact and is completely ready to be repainted or to receive a comparable coating.

(b) Surfaces prepared for containment. Surfaces appropriate for encapsulation need not be encapsulated prior to reoccupancy reinspection, and if they are not, shall be examined by the inspector at reoccupancy reinspection to ensure that all dust-generating surface preparation necessary for encapsulation, as set out in 105 CMR 460.135, is complete.

(c) Contained surfaces. Encapsulants may be applied by licensed Level II deleaders upon completion of all necessary surface preparation, prior to reoccupancy reinspection. In instances in which licensed deleaders are containing surfaces with rigid or flexible coverings pursuant to 105 CMR 460.130, the rigid or flexible covering must be in place prior to reoccupancy reinspection. Inspectors shall examine all surfaces already contained, either with rigid or flexible coverings, or encapsulants, to confirm that they have been contained in a workmanlike manner.

(6) In cases in which an unlicensed owner or owner's agent will be performing low-risk abatement and/or containment activities in accordance with 105 CMR 460.175, and a licensed deleader will be performing other abatement and containment work, the owner or owner's agent's activities may be performed, as the owner and deleader agree, a) prior to the work of the deleader, except in cases in which surfaces have to be made intact and prepared by a licensed deleader, pursuant to 105 CMR 460.130, .135 and .760(A)(3) and/or b) after the completion of the deleader's work, including the final clean-up. Any doors removed by the owner or agent must be replaced after final clean-up and prior to reoccupancy reinspection. Any rigid or flexible coverings over nonimpact or nonfriction surfaces that are not intact must be completely affixed prior to reoccupancy reinspection. If the owner or owner's agent will be applying encapsulants or covering friction and impact surfaces which first had to be made intact by a licensed deleader, the owner or owner's agent shall perform this work after an inspector has conducted a reoccupancy reinspection. During this reoccupancy reinspection the inspector shall examine each interior surface previously found to be in violation which an unlicensed owner or owner's agent will be abating and/or containing. The inspector shall determine that all dust-generating surface preparation has been properly performed by the licensed deleader and all surfaces that must be made intact by a licensed deleader pursuant to 105 CMR 460.130 and 135 have been made intact, and shall determine that all the conditions for reoccupancy reinspection have been met.

(7) Interior surfaces previously not found to be in violation, but in room(s) in which deleading has occurred and adjacent areas, shall be visually inspected to ensure that no dust is present.

(8) Effective April 18, 1995, dust samples must be taken at the time of the reoccupancy reinspection, and the dust monitoring standards of 105 CMR 460.170 must be met before reoccupancy may occur. The inspector shall wait at least one hour following the deleader's performance of the final clean-up required by 105 CMR 460.160(A) through (D) before taking dust samples.

(9) For cases in which there is documentation that replacement windows have been ordered but not yet received and installed, the following procedure shall apply. All loose paint must be removed and loose leaded putty must be removed and, where necessary, replaced from all interior and exterior surfaces of each window, window casing, and each sill in its entirety. If window sills will not be replaced, all intact lead paint must be removed from the sills as required by 105 CMR 460.110(B)(2). There must be no visible dust on accessible window surfaces following the clean-up required by 105 CMR 460.160(D). The conditions stated in 105 CMR 460.160(A) through (E) must be observed when replacement window installation subsequently occurs.

(10) In those cases in which all (including exterior, if applicable) violations are satisfactorily abated at the time of the reoccupancy reinspection, this inspection shall constitute a final abatement reinspection [see 105 CMR 460.760(C)].


(B) Owner/agent deleading reinspection. After an unlicensed owner or owner's agent has completed carrying out any low-risk abatement and/or containment tasks after a reoccupancy reinspection, and after he or she has cleaned up in accordance with procedures described in training and educational materials approved by the Director for owner/agent low-risk abatement and containment, a licensed lead inspector must return for a reinspection. The inspector must confirm that any surfaces abated or contained by an owner or agent were done so in a workmanlike manner. If all (including exterior, if applicable) violations are satisfactorily abated at the time of this reinspection, this reinspection shall constitute a final abatement reinspection. Reinspections for the work of unlicensed owners or owners' agents must be conducted as soon as possible after low-risk abatement andlor containment activities, so that in cases to which enforcement deadlines of 60, 90 or 120 days apply, pursuant to 105 CMR 460.700 and .751, those deadlines are met. If the conditions for this reinspection are not met, the owner or owner's agent shall conduct another clean-up.

(C) Deleading Reinspection.

(1) If the violations are limited to the interior of the residential premises, the inspector shall determine if the conditions of the reoccupancy reinspection, and, if applicable, the owner/agent deleading reinspection have been met (see 105 CMR 460.760(A) and (B)), all relevant surfaces have been fully and properly encapsulated and, if applicable, whether replacement windows have been properly installed.


(D) Court Appearance Safety Check and Other Reinspections. Code enforcement inspectors shall make reinspections of dwelling units and residential premises found in violation of 105 CMR 460.000 as necessary for show cause and other court hearings, checks on deleading safety, and other related purposes as necessary.


(E) Full Compliance. In order to obtain a Letter of Full Compliance, all the violations cited by a licensed lead inspector must be corrected, and the documentation requirements of 105 CMR 460.760(E)(I) must be met. A Letter of Full Compliance must be issued to be eligible for the full amount of the state income tax credit available pursuant to 830 CMR 62.6.2: Lead Paint Removal Credit, and/or the deleading loan program authorized under the Executive Office of Communities and Development.

(1) Requirements.

(a) Documented use of lead inspectors authorized under 105 CMR 460.000 and deleaders certified or licensed under 454 CMR 22.00, and effective March 15, 1995, in cases in which an unlicensed owner or owner's agent has performed low-risk abatement and/or containment activities, compliance with the requirements of 105 CMR 460.175.

1. Documentation of authorized inspection and reinspection shall consist of initial inspection reports and if applicable, reoccupancy reinspection reports and all abatement reinspection reports completed by lead inspectors authorized under 105 CMR 460.000.

2. Documentation of authorized deleading shall consist of an invoice on the professional letterhead of a certified or licensed deleader with his/liner deleader's certification or license number ant a signed statement that he/she has fully complied with the following requirements:

a. Performed all work in compliance with 454 CMR 22.00.

b. Used an encapsulant specifically listed on the Register of Approved Encapsulants, pursuant to 105 CMR 460.115(B).

c. Performed all surface assessment and preparation work prior to encapsulation, pursuant to 105 CMR 460.135.

d. Performed final clean-up, including the specified use of a HEPA filter vacuum, in accordance with 105 CMR 460.160(A) through (D). Code enforcement, housing agency and private inspectors shall be presented with copies of appropriate invoices at the time of the reoccupancy and abatement reinspections as a condition of compliance.

3. Effective March 15, 1995, in cases in which an unlicensed owner or owner's agent has performed low- risk abatement and/or containment activities in accordance with 105 CMR 460.175, documentation of such compliance shall consist of a signed statement from the owner or owner's agent who actually performed the low-risk abatement and/or containment activities describing the tasks he/she performed, and attesting that he/she has fully complied with 105 CMR 460.175, as well 105 CMR 460.110; .130; .135; .140; .150; .160; and .760.

(2) Letters of Full Compliance.


(a) A Letter of Full Initial Inspection Compliance shall be signed, dated and issued by a code enforcement, housing agency or private lead inspector with his or her registration or license number, when he or she determines that a residential premises or dwelling unit and common areas are in compliance with M.G.L. e. 111, § 197(c) and 105 CMR 460.110 upon initial inspection. Such letter shall state that the premises or dwelling unit and common areas shall remain in full compliance only as long as there continues to be no loose lead paint or other leaded accessible structural materials and as long as coverings forming an effective barrier over such paint and materials remain in place.

(b) A Letter of Full Deleading Compliance shall be signed, dated and issued by a code enforcement, housing agency or private lead inspector with his/her license number when he/she determines that a residential premises or dwelling unit and common areas are in compliance with M.G.L. c. 111, § 197(c) and the conditions of 105 CMR 460.110; .115 and .135 and/or .120 and/or .130 and/or .140; .160; .170; .175 when applicable, and .760; and 454 CMR 22.00 have been met. The Letter of Full Deleading Compliance shall state that the premises or dwelling unit and common areas shall remain in full compliance only as long as there continues to be no loose lead paint or other leaded accessible structural materials and as long as coverings, including encapsulants, forming an effective barrier over such paint and materials remain in place. The Letter shall also state the name, address and certification or license number of the certified or licensed deleader(s) who performed the abatement and/or containment, the name(s) and license number(s) of the inspector(s) who performed the initial inspection and/or reoccupancy reinspection, if different from the inspector signing the letter, and the name and address of the unlicensed owner or owner's agent who performed any low-risk abatement and/or containment activities. The location(s) of surfaces which were covered to achieve compliance shall be fully described, including those surfaces which were encapsulated.

460.770: Reports to Director of State Program.

Each local code enforcement agency shall submit a quarterly report to the Director on a form provided by the Director, by the fifth working day of the following quarter. The report shall be signed by the head of such agency, and shall list the status of all uncorrected lead violations at the end of the previous quarter, all violations corrected during such quarter, legal action taken regarding each uncorrected violation and the procedural history and current status of such legal action.

460.800: Judicial Proceedings

Such proceedings may be undertaken by the State Program, local lead poisoning prevention programs under contract with the State Program, local code enforcement agencies and tenants.

(A) Initiation. A State Program local lead poisoning prevention program or local code enforcement inspector shall within seven working days initiate judicial proceedings which may be either criminal proceedings seeking enforcement of penalties provided under M.G.L. c. 111, §§ 194 through l99A and the Sanitary Code, 105 CMR 400.700; or a civil action for injunctive relief, brought pursuant to M.G.L. c. 111, §§ 127A through 127C, or c. 186, § 14, or c. 93A, against the owner, and any other person who may be joined pursuant to M.G.L. c. 111, § 127N, if:

(1) In a case involving a lead poisoned child:

(a) If any of the following are not received by the code enforcement agency within 30 days of the owners receipt of the Order to Correct Violation(s) as specified at 105 CMR 460.751(A)(2): a copy of a signed contract with a licensed deleader as specified at 105 CMR 460.751(B)(1), written documentation of an effort to secure financing for abatement and/or containment for full compliance, as specified at 105 CMR 460.751(A)(2), and a signed statement that the owner or his/her agent has complied with the training prerequisites and passed the examination required by 105 CMR 460.175(13), to qualify for and perform low-risk abatement and/or containment activities, if applicable, on a form approved by the Director.

(b) the owner submitted documentation of an effort to secure financing for abatement and/or containment for full compliance, as specifies at 105 CMR 460.751(A)(1), but a copy of a contract with a licensed deleader, and a signet statement that the owner or his/her agent has complies with the training prerequisites and passed the examination required by 105 CMR 460.175(13), to qualify for and perform low-risk abatement and/or containment activities, if applicable, on a form approved by the Director, is not received by the code enforcement agency within 60 days of the owner's receipt of the Order to Correct Violation(s) as specified at 105 CMR 460.751(A)(2); or

(c) interior and/or exterior lead abatement and/or containment for full compliance, is not completed within the time periods specified in 105 CMR 460.751(A)(2) or 460.751(B)(1). This may be determined by the code enforcement agency's failure to receive notification of abatement and/or containment pursuant to 105 CMR 460.150.

(2) In a case in which no lead poisoned child resides in the premises:

(a) A copy of a contract with a licensed deleader, and a signed statement that the owner or his/her agent has complied with the training prerequisites and passed the examination required by 105 CMR 460.175(B), to qualify for and perform low-risk abatement and/or containment activities, if applicable, on a form approved by the Director is not received within 60 days of the owner's receipt of the Order to Correct Violation(s); or

(b) Interior lead abatement and/or containment for full compliance, or interim control, is not completed within 90 days of the owner's receipt of the Order to Correct Violation(s). This may be determined by the code enforcement agency's failure to receive documentation that the conditions for reoccupancy reinspection pursuant to 105 CMR 460.760(A) have been met for either full compliance or interim control; or

(c) A Letter of Full Compliance or a Letter of Interim Control is not received within 120 days of the owner's receipt of the Order to Correct Violation(s).


(B) Repair by Code Enforcement Agency. If within the time period specified in the Order to Correct Violation(s) the property is not brought into full compliance or interim controls are not completed, the local code enforcement agency may, pursuant to M.G.L. c. 111, § 127B, contract with a licensed deleader to correct the violations and obtain either a Letter of Full Compliance, or a Letter of Interim Control, and bill the owner, or initiate court action to reimburse itself, pursuant to M.G.L. c. 111, §§ 127C and 127F, unless the tenant has elected to utilize his or her own rights of repair, by contracting with a licensed deleader under M.G.L. c. 111, § 127L.


(C) Prosecution of Judicial Proceedings. The code enforcement agency shall diligently prosecute all judicial proceedings without substantial delay.

460.900: Hearings

If a hearing is requested under the Sanitary Code, 105 CMR 400.200(B), and if the owner has complied with the Order to Correct Violation(s) as required by 105 CMR 460.000, the hearing shall be provided within ten days of request for the hearing. The code enforcement agency shall issue a written decision within seven days after the hearing. Because violations of M.G.L. c. 111, §§ 196 and 197 are considered emergency matters pursuant to M.G.L. c.111, § 198, no administrative hearing shall be held in connection with any violation of M.G.L. c. 111, § 197, except pursuant to 105 CMR 460.000.

REGULATORY AUTHORITY

105 CMR 460.000: M.G.L. c. 111, §§ 5, 6, 189A through 199B; c. 112, § 12BB; c. 175, § 47c; c. 176A, § 8B and c. 176B, § 4C.

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?

Order Information?

Order Online Now!