Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 460.000 - Lead Poisoning Prevention And Control › INITIAL INSPECTION, REINSPECTION, AND ENFORCEMENT PROCEDURES › Section 460.760 - Reinspection and Full Compliance

Current through Register 1525, July 5, 2024
(A)
Reoccupancy Reinspection
. Occupants of a dwelling unit
				or residential premises undergoing deleading may not resume occupancy until the
				dwelling unit successfully meets the conditions of a reoccupancy reinspection.
				All lead inspectors shall conduct reoccupancy reinspections and if applicable,
				all subsequent reinspections, using a copy of the initial inspection report.
				The conditions of a reoccupancy inspection are as follows:
(1) The reoccupancy reinspection should be
				conducted as soon as possible following the last final clean-up pursuant to
				105
				CMR 460.160(D)(1). No other
				interior dwelling unit abatement or containment activities may occur following
				a reoccupancy reinspection, with the exception of certain low-risk abatement
				and/or containment activities, as set out in
				105 CMR
				460.175(A).
(2) All replacement, abated or contained
				doors must be in place at the time of the reoccupancy reinspection.
(3) Surfaces from which lead-based paint,
				other coating, plaster or putty has been completely removed, and new
				replacement surfaces, cannot have been painted or received a sealant coating
				equivalent to paint at the time of the reinspection unless:
(a) in the case of surfaces from which lead
				paint has been removed, the surface was previously inspected and approved while
				the substrate was bare; or
(b) in
				the case of new replacement surfaces which have been refinished or abated
				surfaces which have been repainted, the surface is retested by a lead
				inspector, and if determined to contain dangerous levels of lead, the surface
				is abated or contained.
(4) The lead inspector shall visually examine
				every interior surface previously found to be a lead hazard, to ascertain the
				following:
(a) Surfaces that have been abated
				have either been removed or the paint, other coating, plaster or putty on the
				surfaces has been completely removed to bare substrate. The lead inspector
				shall also ensure that all abated surfaces have been finish-sanded or prepared
				to be repainted or to receive a comparable coating.
(b) No film or visible dust is present on any
				surface from which lead-based paint, other coating, plaster or putty was
				removed.
(c) Surfaces that have
				been prepared for containment or encapsulation have been properly prepared. The
				lead inspector shall examine all surfaces that were first made intact by an
				authorized person.
(d) All surfaces
				contained with approved coverings have been contained in a workmanlike
				manner.
(5) Interior
				surfaces previously not found to be a lead hazard, but in room(s) in which
				deleading has occurred and adjacent areas, shall be visually inspected to
				ensure that no dust is present.
(6)
				Dust samples must be taken at the time of the reoccupancy reinspection, and the
				dust monitoring standards of
				105 CMR
				460.170 must be met before reoccupancy or
				initiation of a new occupancy may occur. The lead inspector shall wait at least
				one hour following the last final clean-up required by
				105
				CMR 460.160(D)(1)  before
				taking dust samples.
(7) In those
				cases in which all lead hazards (including exterior, if applicable) are
				satisfactorily abated and/or contained at the time of the reoccupancy
				reinspection, this inspection shall constitute a deleading
				reinspection.