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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.

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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).





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(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. §