Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 22.00 - Deleading and Lead-safe Renovation › Section 22.02 - Definitions

Current through Register 1525, July 5, 2024
ASTM
. American Society for Testing and
				Materials, 1916 Race Street, Philadelphia, Pennsylvania 19103.
Certification
. The authorization to
				act as a lead-safe renovator-supervisor on renovation projects, which is
				conferred by the Department to persons who have successfully completed the
				initial training and applicable refresher training for lead-safe
				renovator-supervisors and who have not had such authorization suspended or
				revoked pursuant to
				454
				CMR 22.15.
Certified Firm
. An entity that has
				been certified by the EPA in accordance with
				40 CFR 745.89
				to carry out renovation work in states that have not received EPA authorization
				to administer and enforce their own lead renovation regulations pursuant to 40
				CFR 745, Subpart Q.
Child-occupied Facility
. A building or
				a portion of a building, constructed prior to 1978, and visited by the same
				child younger than six years of age on at least two different days within any
				week (Sunday through Saturday), provided that each day's visit lasts at least
				three hours and the combined weekly visits last at least six hours, and the
				combined annual visits last at least 60 hours. Child-occupied facilities may be
				located in target housing or in public or commercial buildings. With respect to
				common areas in public or commercial buildings that contain child-occupied
				facilities, the child-occupied facility encompasses those common areas that are
				routinely used by children younger than six years old. Common areas that
				children younger than six years old pass through, such as hallways, stairways
				and garages which are not routinely used by children younger than six years old
				in such public and commercial buildings, are not included. With respect to the
				exteriors of buildings that contain child-occupied facilities, the
				child-occupied facility encompasses only the exterior sides of the building
				that are immediately adjacent to the child-occupied facility.
Class I Deleading Project or Work
.
				Deleading work which includes abatement activities other than those defined as
				low-risk deleading or moderate risk deleading in
				454 CMR 22.00.
Cleaning Verification Card
. A card
				developed and distributed, or otherwise approved by EPA for the purpose of
				determining, through comparison of wet and dry disposable cleaning cloths with
				the card, whether post-renovation cleaning has been adequately
				completed.
CLPPP
. The Commonwealth of
				Massachusetts Department of Public Health, Childhood Lead Poisoning Prevention
				Program.
Common Area
. A portion of a building
				generally accessible to all residents or users of the building, including but
				not limited to hallways, stairways, laundry and recreational rooms,
				playgrounds, community centers and boundary fences.
Containment
. An enclosure or barrier
				constructed of plastic sheeting, gypsum board, plywood, metal sheathing or
				similar smooth, impermeable materials that is installed around the work area of
				a deleading or renovation project in such a way as to limit dust or debris
				generated by work performed within the work area to the space enclosed by the
				enclosures or barriers.
Contractor Licensing Waiver
. A
				document signed by the Director, in his or her sole discretion, which permits
				an entity to conduct renovation work subject to the requirements of
				454 CMR 22.00 without
				obtaining a Lead-safe Renovation Contractor License pursuant to
				454
				CMR 22.04.
Dangerous Level of Lead
. The level of
				lead in paint or other coating, putty, or plaster designated as dangerous by
				the Director of the Childhood Lead Poisoning Prevention Program of the
				Department of Public Health and set forth in
				105 CMR 460.020:
Meaning of Terms
.
Deleader-supervisor
. An individual or
				agent of a deleading contractor who is duly licensed pursuant to
				454 CMR 22.03(2)
				 and
				22.05
				to perform Class I deleading work, determine the proper conduct of deleading
				operations and exert supervisory control over deleader-workers on deleading
				projects.
Deleader-worker
. A person not acting
				as a deleader-supervisor who is duly licensed pursuant to
				454 CMR 22.03(2)
				 and
				22.05
				to perform Class I deleading work as an employee, and who performs such work
				under the direction of another, with or without compensation.
Deleading Contractor
. Any person,
				firm, corporation or other entity who or which has a valid license issued by
				the Director for the purpose of entering into or engaging in Class I deleading
				work.
Deleading Project or Work
. The
				abatement or containment of materials containing dangerous levels of lead in
				residences by the removal, covering or encapsulation of lead paint or by
				replacement of whole building components in instances described by one or more
				of the following:
(a) Where the owner of the property has received an Order to
				Correct Violations pursuant to M.G.L. c. 111, § 197;
(b) Where the purpose of the work is to achieve a Letter of
				Compliance pursuant to
				105 CMR
				460.760(D):
Full
				Compliance
or a Letter of Interim Control pursuant to
				105
				CMR 460.105(D):
Issuance of a Letter of Interim Control
, or tax credit
				eligibility pursuant to
				830 CMR
				62.6.3:
Lead Paint Removal
				Credit
;
(c) Where the owner of the property is required to delead
				pursuant to M.G.L. c. 111, § 197 and the effect of the work if performed
				would be to accomplish, or contribute to the accomplishment of, deleading
				compliance as specified by
				105 CMR
				460.760(D):
Full
				Compliance
or 460.105(D):
Issuance of a Letter of Interim
				Control
; or
(d) Where the Director of the Childhood Lead Poisoning
				Prevention Program or other authority with competent jurisdiction has
				designated the work a deleading project.
Deleading Projects or Work
may include
				Class I deleading work, moderate-risk deleading work and low-risk deleading
				work.
Demolition
. The wrecking or razing of
				a structure or architectural component through destructive methods, as
				distinguished from a piece-by-piece dismantling which preserves the structural
				integrity of the component(s).
Department
. The Department of Labor
				Standards, as established by M.G.L. c. 23.
Director. The Director of the Massachusetts Department of Labor
				Standards.
DOT
. The United States Department of
				Transportation.
Encapsulant
. A coating product listed
				on the Register of Approved Encapsulants pursuant to
				105
				CMR 460.115:
Process for Approval of
				Encapsulants for the Containment of Lead-based Paint
which is
				formulated to contain lead hazards by providing a long-lasting and resilient
				barrier over painted surfaces and which is applied in liquid form, with or
				without a structural reinforcement.
EPA
. The United States Environmental
				Protection Agency.
Hands on Training
. Specific training
				that provides the trainee with actual practice in performing mechanical
				operations utilized in deleading or lead-safe renovation activities.
HEPA Filter
. A filter capable of
				filtering out monodispersive particles of 0.3 microns or greater in diameter
				from a body of air at 99.97% efficiency or greater.
Inspection
. The determination of the
				location and levels of lead paint in all applicable surfaces, as specified by
				105 CMR 460.000:
Lead Poisoning Prevention and Control
.
Inspector
. Lead paint inspectors, both
				private and code enforcement, as regulated by
				105 CMR 460.000:
Lead Poisoning Prevention and Control
.
Lead-safe Renovation Contractor
. A
				person, firm, corporation, or other business entity who or which is duly
				licensed by
				454 CMR 22.03(3)
				 and
				22.04
				to enter into, engage in, or work at the business of conducting renovation work
				in target housing and child-occupied facilities. A Lead-safe Renovation
				Contractor is also authorized to carry out moderate risk deleading work where a
				certified lead-safe renovator-supervisor who has received the additional
				training specified by
				454 CMR
				22.08(4)(e), who is an
				employee or responsible person of said contractor, supervises and/or performs
				the work, in accordance with
				454
				CMR 22.12(2).
Lead-safe Renovator-supervisor
. A
				person who is duly certified under
				454
				CMR 22.06 to carry out supervisory functions
				on renovation projects, and with the additional training specified by
				454 CMR
				22.08(4)(e), to carry out
				supervisory functions and/or performs the work, in accordance with
				454
				CMR 22.12(2), on
				moderate-risk deleading projects.
License
. A document issued by the
				Department:
(a) permitting a deleading contractor to enter into, engage in
				or work at the business of performing deleading work;
(b) permitting a deleader-supervisor to engage in the
				activities set forth in the definition of deleader-supervisor contained in 454
				CMR 22.02;
(c) permitting a deleader-worker to engage in the activities
				set forth in the definition of deleader-worker contained in 454 CMR
				22.02;
(d) permitting a lead-safe renovation contractor to enter into,
				engage in or work at the business of renovation work; or
(e) permitting a training provider to offer the training
				specified for the licensure or certification of persons engaging in deleading
				or renovation work regulated by
				454 CMR 22.00.
Licensed Training Provider
. Any entity
				which has been duly licensed pursuant to
				454 CMR 22.03(5)
				 and
				22.07.
Low-risk Deleading Project or Work
.
				Deleading work that exclusively consists of one or more of the abatement
				activities set forth at
				105 CMR
				460.175(A).
MassDEP
. The Commonwealth of
				Massachusetts Department of Environmental Protection.
Minor Repair and Maintenance Activities (Projects
				or Work)
. Renovation, repair and painting activities carried out
				for a fee in or on target housing or child-occupied facilities that disturb six
				or fewer square feet of painted surface per room on building interiors, or a
				total of 20 or fewer square feet of painted surface on exterior surfaces where
				none of the work practices prohibited by
				454 CMR
				22.11(9)(a)  are used and
				where the work does not involve window replacement or disturbs greater than
de minimum
level of coated surface.
Moderate-risk Deleading Project or
				Work
. Deleading work, excluding work conducted by demolition,
				which has been inspected by a licensed lead inspector pursuant to
				454
				CMR 22.12(2)(a)1., and
				consists of one or more of the following activities:
(a) The removal and replacement of: window components,
				including sashes, parting beads, window stops, sills, header stops, casings,
				and aprons; interior stair components, including treads, risers, stringers,
				newel posts, balusters, handrails and railing caps; door components, including
				casings, jambs, and thresholds; baseboards; chair rails; shelf supports;
				built-in cabinet shelves and interior cabinet frames in their entirety;
				exterior porch components; fences; bulkheads; lattices; and individual shingles
				or clapboards from exterior building sides.
(b) The repair or making intact of up to two square feet of
				non-intact lead-painted surface per room on the interior of residences or up to
				ten square feet of non-intact lead-painted surface on the exterior of
				residences, except where the removal or covering of said lead-painted surfaces
				is required by
				105
				CMR 460.110(B)(2) or
				(3).
(c) Any other activities designated by the Director of CLPPP.
Owner
. Any person who alone or jointly
				or severally with others:
(a) has legal title to any premises;
(b) has charge or control of any premises as a manager who has
				authority to expend money for compliance with the sanitary code;
(c) is the executor, administrator, trustee or guardian of the
				estate of the holder of the legal title;
(d) is an estate or trust of which such premises is a part, or
				the grantor or beneficiary of such an estate or trust; or
(e) 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 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 pursuant to applicable law, shall be considered an
				owner.
Owner's Agent
. An individual who meets
				one or both of the following criteria:
(a) An individual who meets the definition of "owner's agent"
				as that term is defined in
				105 CMR 460.020:
Meaning of Terms
. A contractor may carry out deleading work as
				an owner's agent only when hired by the owner to accomplish low-risk deleading
				pursuant to
				105 CMR
				460.175:
Low- and Moderate-risk
				Abatement and Containment
or to engage in the activities set forth in
				105 CMR
				460.100(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
with respect to short-term
				vacation or recreational rentals.
(b) An individual over whom the owner exercises sufficient
				control and direction to be considered an agent under Massachusetts common law.
				The category of owners' agents includes, but is not limited to, the owner's
				employee or property manager, and an individual who works with or for the owner
				without compensation. An owner's agent does not include a contractor hired by
				an owner for the purpose of completing a specific task or set of tasks who
				works largely unsupervised by the owner and brings his own tools to the job.
Painted Surface
. A component surface
				covered in whole or in part with paint or other surface coating.
Qualified Independent Translator
. A
				person or entity, which is not owned, controlled, related to or employed by the
				applicant for licensure and which provides professional translation
				services.
Recognized Test Kit
. A commercially
				available kit recognized by EPA pursuant to
				40 CFR
				745.88 as being capable of determining the
				presence of lead at levels equal to or in excess of 1.0 milligrams per square
				centimeter or 0.5% lead by weight, in a paint chip, paint powder, or painted
				surface.
Renovation
. The modification of any
				existing structure, or portion thereof, that results in the disturbance of
				painted surfaces. The term renovation includes, but is not limited to, the
				removal or modification of painted surfaces or painted components
				(
e.g
., modification of painted doors, surface preparation
				activity such as sanding, scraping, or other such activities that may generate
				paint dust); the removal of portions of structures (
e.g
.,
				walls, ceiling, large surface replastering, major re-plumbing); and window
				replacement.
Renovation Project or Work
. The
				renovation of any unit of target housing or a child-occupied facility, or a
				portion thereof, which is conducted for compensation and which results in or
				may result in the disturbance of paint or paint debris, but which is
				distinguished from a deleading project as defined in 454 CMR 22.02:
Renovation Project or Work
or by one of the following
				conditions:
(a) The work is carried out in or on a structure which is
				required to be deleaded by M.G.L. c. 111, § 197 but is unrelated to
				deleading compliance, both in terms of purpose and effect.
(b) The work is carried out in or on a structure which is not
				required to be deleaded pursuant to M.G.L. c. 111, § 197, and the purpose
				of the work is other than the achievement of a Letter of Full Deleading
				Compliance pursuant to
				105 CMR
				460.760(D):
Full
				Compliance
.
Reporting Physician's Statement
. A
				written medical opinion from the physician who conducts the examination
				required by
				454 CMR
				22.09(4)  which contains the
				following information:
(a) The physician's opinion as to whether the applicant or
				employee has any detected medical condition which would place his or her health
				at increased risk of material impairment from exposure to lead;
(b) Any recommended special protective measures to be provided
				to the applicant or employee, or limitations to be placed upon the applicant's
				or employee's activities which concern potential exposure to lead; and
(c) Any recommended limitation on the applicant's or employee's
				use of respirators.
Residence
. Every building or shelter
				used or intended for use as human habitation, including exterior surfaces and
				all common areas thereof, and all other property, including land and other
				noncommercial structures located within the same lot line, which is subject to
				the Massachusetts Lead Law, M.G.L. c. 111, §§ 189A through 199B and
				105 CMR 460.000:
Lead Poisoning Prevention and Control
.
Responsible Persons(s)
. Person(s)
				having management control over an entity or employer. In the case of a
				corporation, the responsible person(s) shall be the officers of the corporation
				and any other managing agent of such corporation. In the case of a sole
				proprietorship or a partnership, the responsible person(s) shall be the owners
				or partners and any other managing agent of such sole proprietorship or
				partnership. In the case of a limited liability company, the responsible
				person(s) shall be the members and managers, if any, of such company.
Revocation
. The recall by the
				Department of the certificate or license of a deleading contractor, deleader
				supervisor, deleader-worker, training provider, lead-safe renovation
				contractor, or lead-safe renovator-supervisor.
Risk Assessment
.
(a) An on-site investigation to determine the existence,
				nature, severity and location of lead paint hazards, or
(b) a report which documents the existence, nature, severity
				and location of lead paint hazards and options for reducing them.
Risk Assessor
. An individual who,
				pursuant to
				105
				CMR 460.400(E):
Procedure for Obtaining a License or Master Inspector Status
and (F), has been trained and licensed to conduct risk
				assessments.
Secretary
. The Massachusetts Secretary
				of Labor and Workforce Development.
Suspension
. The temporary removal by
				the Department of the certificate or the license of a deleading contractor,
				deleader-supervisor, deleader-worker, training provider, lead-safe renovation
				contractor or lead-safe renovator-supervisor.
Target Housing
. Any housing or
				dwelling constructed prior to 1978, except housing for the elderly or persons
				with disabilities (unless a child younger than six years old resides, or is
				expected to reside in such housing) and any zero-bedroom dwelling.
Tarpaulin
. Effective ground cover
				capable of containing dust or visible debris. This may include polyethylene,
				cotton or other fabric materials, so long as the cover is effective at
				containing visible debris within the work area.
Training Certificate
. A document
				issued by a licensed training provider certifying that the recipient has
				completed the appropriate training courses and has passed the appropriate
				examination.
Training Provider License
. A document
				issued by the Department permitting training providers to engage in deleading
				or lead-safe renovation training.
Vertical Containment
. A vertical
				barrier consisting of plastic sheeting or other impenetrable material over
				scaffolding or a rigid frame, or an equivalent system of containing the work
				area. Vertical containment is required for some exterior renovations but may be
				used on any renovation.
Work Area
. The location where
				deleading or renovation work is being performed, or such areas of a facility
				which the Director determines may be hazardous to the health and safety of
				workers and the general public as a result of such work.
Zpp
. Zinc
				protoporphyrin.