reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 460.000 - Lead Poisoning Prevention And Control › ABATING AND CONTAINING DANGEROUS LEVELS OF LEAD › Section 460.120 - Removing and Making Intact Lead-based Paint and Other Coatings

Current through Register 1525, July 5, 2024
(A) Only the following methods are
				permissible for removal of lead-based paint, other coating, plaster or putty.
(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.
(7) Any other method approved by the
				Director.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 460.000 - Lead Poisoning Prevention And Control › ABATING AND CONTAINING DANGEROUS LEVELS OF LEAD › Section 460.130 - Containment Using Approved Coverings

Current through Register 1525, July 5, 2024
Approved coverings used to contain lead-based paint, other
				  coating, plaster or putty must be used on appropriate surfaces, have long term
				  durability, and weather resistance when used on exterior surfaces, in
				  accordance with State Program training materials.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 460.000 - Lead Poisoning Prevention And Control › ABATING AND CONTAINING DANGEROUS LEVELS OF LEAD › Section 460.135 - Containment Using Encapsulants

Current through Register 1525, July 5, 2024
(A) Before
				encapsulants may be applied, surfaces must be assessed to determine their
				suitability for encapsulation. The initial assessment may be done by an
				authorized person or a lead inspector, in accordance with procedures in
				training materials approved by the Director. However, the authorized person who
				will be applying the encapsulant must do an additional assessment, in
				accordance with State Program training materials.
(B) All authorized persons trained and
				authorized in encapsulant use in accordance with
				105 CMR
				460.175 may use encapsulants in accordance
				with 105 CMR 460.135.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 460.000 - Lead Poisoning Prevention And Control › ABATING AND CONTAINING DANGEROUS LEVELS OF LEAD › Section 460.140 - Removing and Replacing Components and Fixtures

Current through Register 1525, July 5, 2024
(A) Removed components shall be replaced with
				new components, components that have been stripped off-site by a licensed
				deleader, or components whose lead-based paint, other coating, plaster or putty
				has been removed offsite in a chemical diptank. Replacement components shall be
				installed unfinished. If finished components are installed, the lead inspector
				must retest them and record results on the reinspection report form approved by
				the Director. Replacement components which are determined upon retesting to
				contain dangerous levels of lead shall be abated or contained.
(B) Any debris that comes off components in
				the process of their removal must be cleaned up by the authorized person doing
				the removal work, in accordance with
				105
				CMR 460.160(D).
(C) Spaces once occupied by doors of egress
				from residential premises or dwelling units that have been removed for
				deleading purposes must be secured immediately.
(D) For properties listed on the
State Register of Historic Places,
removal of components by an
				authorized person for stripping offsite and then reinstallation, in accordance
				with 105 CMR 460.140(B) and
				460.175,
				is recommended. Permanent removal and destruction of historic architectural
				features is not advised.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 460.000 - Lead Poisoning Prevention And Control › ABATING AND CONTAINING DANGEROUS LEVELS OF LEAD › Section 460.150 - Notification of Abatement and/or Containment Activity

Current through Register 1525, July 5, 2024
(A) Prior to starting deleading work for
				occupied rental units, the owner, owner's agent or authorized person notifying
				on behalf of the owner shall give a minimum of ten calendar days advance notice
				of the date abatement and/or containment activities, whether for full
				compliance or as part of interim control, will begin at his or her property.
				Notice shall be given on a form approved by the Director. If abatement and/or
				containment activities are not completed in a single continuous operation,
				notice must be given each time such activities are commenced. 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 Standards.
(5)
				The Director.
(6) The Massachusetts
				Historical Commission, if the residence is listed on the
State Register
				of Historic Places.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 460.000 - Lead Poisoning Prevention And Control › ABATING AND CONTAINING DANGEROUS LEVELS OF LEAD › Section 460.160 - Safety Precautions and Cleanup Procedures in Areas Undergoing Deleading and Interim Control Work

Current through Register 1525, July 5, 2024
(A)
Occupancy
.
(1) All
				occupants must be relocated from a dwelling unit while any abatement work that
				is not low-risk is taking place inside their unit, whether for full compliance
				or interim control. Household pets shall not be allowed to remain in the
				dwelling unit.
(2) Occupants may
				remain in a dwelling unit during:
(a) low-risk
				abatement and containment activities, with the exception of situations covered
				by 105 CMR 460.160(A)(3);
(b)
				exterior abatement activities;
(c)
				interior common area abatement and containment work, with the exception of
				situations covered by 105 CMR 460.160(A)(3); and
(d) any structural repair work and lead dust
				cleaning necessary for interim control. However, occupants in these situations
				must stay out of the work area until those activities are completed, and the
				authorized person performing them has cleaned up at the end of each workday, in
				accordance with 105 CMR 460.160(D).
(3) Occupants must be out of the dwelling
				unit for the workday, but need not be relocated, during abatement and
				containment work in interior common areas in situations in which the occupants
				of the unit undergoing abatement and/or containment have no second standard
				means of egress into and out of the residential premises.
(4) Exceptions to 105 CMR 460.160(A)(1)
				through (3) 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.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 460.000 - Lead Poisoning Prevention And Control › ABATING AND CONTAINING DANGEROUS LEVELS OF LEAD › Section 460.170 - Lead Dust Monitoring

Current through Register 1525, July 5, 2024
(A) Lead inspectors
				and code enforcement lead determination inspectors shall take dust samples in
				accordance with a lead dust monitoring protocol issued by the Director. Dust
				lead levels must be measured by a laboratory with appropriate National Lead
				Laboratory Accreditation Program (NLLAP) certification or which at minimum
				participates in the appropriate Environmental Lead Proficiency Analytical
				Testing (ELPAT) program.
(B) The
				lead dust monitoring protocol shall be deemed to have been satisfied if:
(1) Floor lead dust levels are below 40
				micrograms per square foot (µg/ft2).
(2) Windowsill lead dust levels are below 250
				micrograms per square foot.
(3)
				Exterior windowsill/window well lead dust levels are below 400 micrograms per
				square foot.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 460.000 - Lead Poisoning Prevention And Control › ABATING AND CONTAINING DANGEROUS LEVELS OF LEAD › Section 460.175 - Low- and Moderate-risk Abatement and Containment

Current through Register 1525, July 5, 2024
(A)
(1)
				Following inspection of a premises by a lead inspector, the following low-risk
				abatement and/or containment activities may be performed on the owner's
				property by authorized persons:
(a) Applying
				encapsulants over suitable surfaces;
(b) Removing doors, cabinet doors, windows on
				hinges (such as wooden storms) and shutters by disengaging hinge pins or
				removing hinges;
(c) Covering
				surfaces with approved coverings;
(d) Capping baseboards; and
(e) Removing cabinet drawers and shelves
				which are not glued, nailed or otherwise affixed to supports.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 460.000 - Lead Poisoning Prevention And Control › ABATING AND CONTAINING DANGEROUS LEVELS OF LEAD › Section 460.180 - Owners in Violation Subject to Damages

Current through Register 1525, July 5, 2024
(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 younger than six years old 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 younger than six years
				old 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 younger than
				six years old 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 younger than six years
				old 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 younger than
				six years old 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.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 460.000 - Lead Poisoning Prevention And Control › ABATING AND CONTAINING DANGEROUS LEVELS OF LEAD › Section 460.190 - Punishable Violations

Current through Register 1525, July 5, 2024
(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 State Sanitary Code
				violations to which the State Sanitary Code applies 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.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 460.000 - Lead Poisoning Prevention And Control › LEAD-BASED PAINTS, GLAZES AND OTHER SUBSTANCES: PROHIBITIONS UNDER M.G.L. c. 111, Section 196 › Section 460.200 - Acts Made Il legal under M.G.L. c. 111, Section 196

Current through Register 1525, July 5, 2024
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.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 460.000 - Lead Poisoning Prevention And Control › LEAD-BASED PAINTS, GLAZES AND OTHER SUBSTANCES: PROHIBITIONS UNDER M.G.L. c. 111, Section 196 › Section 460.210 - M.G.L. c. 111, Section 196(a) Offenses

Current through Register 1525, July 5, 2024
Pursuant to M.G.L. c. 111, § 196(a), any person who
				  violates the provisions of
				  105 CMR
				  460.200(A) or (B) shall be
				  punished by a fine of not less than $100.00 nor more than $500.00 for each
				  violation. Each article, fixture or surface to which a lead-based substance is
				  applied shall constitute a separate violation. Any person who willfully
				  violates the provisions of
				  105 CMR
				  460.200(A) or (B) shall be
				  punished by imprisonment for not more than three months for each
				  violation.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 460.000 - Lead Poisoning Prevention And Control › LEAD-BASED PAINTS, GLAZES AND OTHER SUBSTANCES: PROHIBITIONS UNDER M.G.L. c. 111, Section 196 › Section 460.220 - M.G.L. c. 111, Section 196(b) Offenses

Current through Register 1525, July 5, 2024
Pursuant to M.G.L. c. 111, § 196(b), any person who
				  violates the provisions of
				  105 CMR
				  460.200(C)  shall be
				  punished by a fine of not less than $200.00 nor more than $500.00 for each
				  violation. Each can, bottle or other container of any prohibited substance
				  shall constitute a separate violation. Any person who willfully violates the
				  provisions of
				  105 CMR
				  460.200(C)  shall be
				  punished by imprisonment for not more than six months for each
				  violation.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 460.000 - Lead Poisoning Prevention And Control › LEAD-BASED PAINTS, GLAZES AND OTHER SUBSTANCES: PROHIBITIONS UNDER M.G.L. c. 111, Section 196 › Section 460.230 - Civil Damages under M.G.L. c. 111, Section 196(a)

Current through Register 1525, July 5, 2024
In addition to the penalties set forth in
				  105 CMR
				  460.210 and
				  460.220,
				  the owner of any residential property shall be liable for all damages caused by
				  his or her violation of M.G.L. c. 111, § 196(a).
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 460.000 - Lead Poisoning Prevention And Control › LEAD-BASED PAINTS, GLAZES AND OTHER SUBSTANCES: PROHIBITIONS UNDER M.G.L. c. 111, Section 196 › Section 460.240 - Embargo of Lead-based Articles and Substances

Current through Register 1525, July 5, 2024
Pursuant to M.G.L. c. 111, §§ 196(a) and (b), the
				  Director may embargo any article or substance in violation of either M.G.L. c.
				  111, §§ 196(a) or (b), in the manner provided by M.G.L. c. 94, §
				  189A.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 460.000 - Lead Poisoning Prevention And Control › EXEMPTIONS UNDER M.G.L. C. 111, Section's 196(a) AND (b) › Section 460.300 - Exemptions Available for Certain Applications and Products

Current through Register 1525, July 5, 2024
(A) The following lead-based paints shall be
				exempted by the Director from the provisions of M.G.L. c. 111, § 196(b) [
				105 CMR
				460.200(C) ], upon
				compliance with the terms and conditions set forth in M.G.L. c. 111, §
				196(b):
(1) lead-based paints for application
				to artists' canvases;
(2) touch-up
				paints for metal machinery, appliances, vehicles, or water craft, when sold in
				containers small enough to preclude any reasonable risk of use in buildings or
				on furniture;
(3) lead primers for
				applications to small craft hulls, when sold at retail only through boat yards,
				marinas, ship chandleries and businesses dealing in marine sales;
(4) finish paints intended for factory
				application upon manufactured products not intended for use in homes or in
				other structures, such as schools or day care centers, where children commonly
				spend periods of over ½ hour;
(5) lead primers for structural metals not
				exposed to occupant contact, vehicles, and watercraft;
(6) refinishing paints for automotive,
				agricultural, and industrial equipment;
(7) paints for industrial and commercial
				building maintenance, including traffic and safety marking paints;
(8) graphic art paints marketed for
				application to billboards, road signs, and other similar uses.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 460.000 - Lead Poisoning Prevention And Control › TRAINING, LICENSURE, REGISTRATION AND MONITORING OF LEAD INSPECTORS, DELEADERS AND RISK ASSESSORS, CERTIFICATION OF LEAD INSPECTOR AND RISK ASSESSOR TRAINING PROVIDERS › Section 460.400 - Training and Licensure of Lead Inspectors and Risk Assessors

Current through Register 1525, July 5, 2024
(A) Only those individuals duly licensed
				pursuant to
				105 CMR 460.000 may conduct
				lead inspections or lead determinations, issue Letters of Full Compliance or
				engage in any other activity required by
				105 CMR 460.000 to be
				performed by a lead inspector. Only those licensed inspectors duly licensed as
				risk assessors pursuant to
				105 CMR 460.000 may perform
				risk assessments, issue Letters of Interim Control or engage in any other
				activity required by
				105 CMR 460.000 to be
				performed by a risk assessor.
(B)
				All lead inspectors, master inspectors, and risk assessors shall comply with
				the following conditions, as applicable:
(1)
				Performance of all lead inspections, determinations, risk assessments,
				reinspections, lead dust sampling, post-compliance assessments and surface
				assessments, in compliance with M.G.L. c. 111, §§ 189A through 199B,
				105 CMR 460.000 and
				policies established by the Director.
(2) Use of a lead inspection and risk
				assessment report format approved by the State Program.
(3) Maintenance of a file of all
				documentation pertaining to the performance of lead inspections,
				determinations, risk assessments, reinspections, lead dust sampling,
				post-compliance assessments and surface assessments conducted, with copies of
				the reports and results thereof, required to be kept by the Director. Such
				files must be maintained indefinitely and disposed of only upon approval of,
				and under conditions stipulated by, the Director. The Director shall be
				afforded access to the files or information contained therein upon
				request.
(4) Compilation,
				maintenance and submission to the Director of such statistical information as
				required by the Director.
(5)
				Distribution to clients of such informational or educational material as may be
				prescribed by the Director.
(6) If
				sodium sulfide is used as the method for detecting lead paint, only sodium
				sulfide obtained from or approved by the State Program may be used.
(7) Master inspectors shall be responsible
				for supervising the field apprenticeship required by 105 CMR 460.400(D) for
				provisional lead inspectors. When performing this role, they shall be
				responsible for ensuring that all requirements of
				105 CMR 460.000 are met,
				and for correcting any errors or omissions made during the lead inspection or
				reinspection conducted as part of the field apprenticeship.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 460.000 - Lead Poisoning Prevention And Control › TRAINING, LICENSURE, REGISTRATION AND MONITORING OF LEAD INSPECTORS, DELEADERS AND RISK ASSESSORS, CERTIFICATION OF LEAD INSPECTOR AND RISK ASSESSOR TRAINING PROVIDERS › Section 460.410 - Certification of Training Providers

Current through Register 1525, July 5, 2024
(A)
				Applicants for certification as training providers shall meet the application
				requirements and accreditation standards and criteria established by the
				Director.
(B) Applications shall
				include submission of resumes of faculty, course curricula and agenda, training
				materials, manuals, inventories of equipment, examination materials and
				methodology, student/teacher ratios, and such other information or materials as
				may be required by the Director. Applicants shall identify and describe
				facilities for both classroom and field practicum training.
(C) The Director shall periodically monitor
				the quality of instruction offered by certified training providers and shall be
				afforded the opportunity to do so upon request.
(D) The Director shall investigate all
				complaints concerning the quality of instruction offered by certified training
				providers. The Director may impose penalties on certified training providers
				who fail to meet or maintain a level of instruction adequate to fully train
				students in the requirements of M.G.L. c. 111, §§189A through 199B,
				105 CMR 460.000 and
				454 CMR 22.00:
Deleading and Lead-safe Renovation Regulations.
Penalties
				include, but are not limited to, letters of warning, probation, suspension or
				revocation of certification.
(E)
				Certified training providers shall maintain records of all material required as
				part of the application process, student applications, course attendance,
				examinations and grades for a period of six years. Upon the conclusion of each
				course, the certified training provider shall send a list of all successful
				graduates, with attendance records, to the Director within 30 days of the
				conclusion of the course.
(F)
				Certified training providers shall revise the course curriculum to include new
				or additional topics within reasonable timelines as specified by the
				Director.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 460.000 - Lead Poisoning Prevention And Control › TRAINING, LICENSURE, REGISTRATION AND MONITORING OF LEAD INSPECTORS, DELEADERS AND RISK ASSESSORS, CERTIFICATION OF LEAD INSPECTOR AND RISK ASSESSOR TRAINING PROVIDERS › Section 460.430 - Monitoring of Lead Inspectors, Risk Assessors, Deleaders and Authorized Persons

Current through Register 1525, July 5, 2024
(A) The Director
				shall establish a program to monitor and audit the quality of work of lead
				inspectors, risk assessors, deleaders and authorized persons. Discovery of
				improper work by deleaders or authorized persons shall be referred to the
				Department of Labor Standards for appropriate action.
(B) A representative of the Director, the
				Department of Labor Standards or a board of health or local code enforcement
				agency may issue an immediate cease-work order to any authorized person who
				violates the terms or conditions of his or her license or certification, of
				M.G.L. c. 111, §§ 197 or 197B, or
				105 CMR 460.000 or
				454 CMR 22.00:
Deleading and Lead-safe Renovation Regulations,
if such
				violation will endanger or materially impair the health or well-being of any
				occupant of a residential premises, any lead inspector, risk assessor, or
				authorized person, or any person employed in performing renovations in a manner
				that disturbs lead-based paint, other coating, plaster or putty.
(C) Any lead inspector, risk assessor,
				deleader or authorized person who violates the terms or conditions of his or
				her license or certification, or any law or regulation of the Commonwealth
				concerning such license or certification shall be subject to a fine of not less
				than $500 nor more than $1,500 for each offense. The Director, the Department
				of Labor Standards or a local code enforcement agency may file a written
				complaint with the district court in the jurisdiction in which the violation
				occurred. Punishment by fine may be in addition to the suspension or revocation
				of such license or certification.
(D) The names of persons conducting lead
				inspections, risk assessments or abatement and containment work who are not
				licensed or certified pursuant to
				105
				CMR 460.400 or
				454 CMR 22.00:
Deleading and Lead-safe Renovation Regulations,
with the
				exception of an authorized owner or owner's agent performing low- or
				moderate-risk abatement and/or containment activities pursuant to
				105 CMR
				460.175, shall be referred to the appropriate
				enforcement agencies.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 460.000 - Lead Poisoning Prevention And Control › OFFICIAL TESTS AND MEASUREMENTS › Section 460.500 - Issuance of Official Reports

Current through Register 1525, July 5, 2024
Code enforcement inspectors may conduct inspections, tests,
				  sampling and measurements and issue official reports for the purpose of
				  recording the presence or absence of lead hazards or other violations of
				  105 CMR 460.000. Code
				  enforcement lead determination inspectors may conduct tests, sampling and
				  measurements and issue official reports for the purpose of recording the
				  presence or absence of lead violations as part of the lead determination
				  enforcement procedure. Risk assessors may conduct inspections, tests, sampling,
				  measurements and risk assessments, and issue official reports for the purpose
				  of identifying the presence or absence of lead hazards or other violations of
				  105 CMR 460.000, as well as
				  identifying and evaluating the urgent lead hazards in a dwelling unit or
				  residential premises, and determining the interim controls necessary to address
				  those hazards. In addition, laboratories with appropriate National Lead
				  Laboratory Accreditation Program (NLLAP) certification, or which at minimum
				  participate in the appropriate Environmental Lead Proficiency Analytical
				  Testing (ELPAT) program may issue official reports recording the levels of lead
				  in dust and paint, other coating, plaster or putty samples.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 460.000 - Lead Poisoning Prevention And Control › OFFICIAL TESTS AND MEASUREMENTS › Section 460.510 - Approved Testing Methodology

Current through Register 1525, July 5, 2024
When used to determine compliance with M.G.L. c. 111,
				  §§ 196(a) or (b) or 197, official reports under
				  105 CMR
				  460.500 shall be based upon methods of
				  measurement specified in
				  105 CMR 460.000. However,
				  in no case shall a lead inspector, risk assessor or code enforcement lead
				  determination inspector use the atomic absorption spectrophotometry test,
				  except with prior approval of the Director.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 460.000 - Lead Poisoning Prevention And Control › OFFICIAL TESTS AND MEASUREMENTS › Section 460.520 - Authorized Test Personnel

Current through Register 1525, July 5, 2024
Tests and measurements under
				  105 CMR
				  460.500 shall be performed by lead
				  inspectors, code enforcement lead determination inspectors, risk assessors or
				  employees of laboratories with appropriate National Lead Laboratory
				  Accreditation Program (NLLAP) certification, or which at minimum participate in
				  the appropriate Environmental Lead Proficiency Analytical Testing (ELPAT)
				  program.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 460.000 - Lead Poisoning Prevention And Control › OFFICIAL TESTS AND MEASUREMENTS › Section 460.530 - Reports of the State Laboratory, Boards of Health, Code Enforcement Agencies or Housing Inspection Agencies as Prima Facie Evidence

Current through Register 1525, July 5, 2024
When certified as a true copy by the custodian of such
				  records, a copy of any report of the State Laboratory or State Program or any
				  division thereof, or of any local board of health, code enforcement agency, or
				  housing inspection agency duly trained and authorized by the Director to
				  implement the provisions of M.G.L. c. 111, §§ 189A through 199B and
				  to conduct inspections for the presence of dangerous levels of lead or lead
				  determinations or risk assessments shall be admissible in any judicial
				  proceeding without further authentication by either the laboratory or by the
				  agency for which said report was made and shall be
prima facie
evidence of the facts stated therein.
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 460.600 - Concurrent Enforcement Authority, Application of the State Sanitary Code and Emergency Matters. Pursuant to M.G.L. c. 111, Section 198

Current through Register 1525, July 5, 2024
(A) The Director and local boards of health
				or other code enforcement agencies have concurrent authority to enforce M.G.L.
				c. 111, §§ 196 and 197.
(B) These enforcement authorities may utilize
				all powers and authority provided to local boards of health by M.G.L. c. 111,
				§§ 127A through 127K to enforce M.G.L. c. 111, §§ 196 and
				197.
(C) Any violation of M.G.L. c.
				M.G.L. c. 111, §§ 196 and 197 may be treated as a violation of the
				State Sanitary Code. All procedures and remedies applicable to Sanitary Code
				violations shall be available to correct, deter or punish violation of said
				sections.
(D) Violations of M.G.L.
				c. 111, §§ 196 and 197 are emergency matters and shall be given
				preference by enforcing agencies and speedy hearings by housing, district and
				superior courts.
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 460.700 - Enforcement by Code Enforcement Agencies

Current through Register 1525, July 5, 2024
(A)
Responsibilities Generally
. Pursuant to M.G.L. c. 111,
				§§ 194 and 198, local code enforcement agencies have the
				responsibility for making inspections of residential premises and other
				buildings which children utilize, and for enforcing the lead poisoning
				prevention laws, consistent with their sanitary code inspection and enforcement
				responsibilities under M.G.L. c. 111, §§ 127A through 127K.
(B)
Inspection
				Responsibility
. A local code enforcement agency must inspect for
				lead paint whenever it receives a signed parental request for a lead inspection
				from an occupant or conducts an inspection for violations of the State Sanitary
				Code in a dwelling unit or residential premises constructed before 1978, where
				a child younger than six years old resides. If the inspector is not certain
				whether or not a residence was constructed before 1978, the inspector shall
				check the relevant building permit at the city or town building department. If
				the inspector verifies that the dwelling was constructed in 1978 or later, the
				inspector shall nevertheless determine whether any other structures within the
				same lot line were constructed before 1978, and if so, inspect them for lead
				paint. The obligation to inspect for lead paint must be fulfilled in one of the
				following two ways:
(1) A lead inspection
				shall be conducted at the time of the Sanitary Code inspection, or the person
				conducting the Sanitary Code inspection shall ensure that a separate lead
				inspection by a code enforcement lead inspector is conducted within the
				timelines specified in the Sanitary Code; or
(2) In
lieu
of a complete
				lead inspection by a code enforcement inspector, the lead determination
				enforcement procedure may be followed at the time of the Sanitary Code
				inspection and in all circumstances covered by
				105
				CMR 460.710, except
				105
				CMR 460.710(A). A lead
				determination report format approved by the Director shall be used to record
				test results. The lead determination enforcement procedure shall be performed
				in accordance with guidance approved by the Director. If the lead determination
				enforcement procedure identifies at least one surface with a lead violation,
				the code enforcement agency shall issue an Order to Correct Violation(s) in
				accordance with the procedures set out in
				105
				CMR 460.750(B), stating the
				enforcement deadlines set out in
				105 CMR
				460.751(C), or in
				post-compliance cases, the deadlines set out in
				105 CMR
				460.760(E). Said Order to
				Correct Violation(s) shall be enforced through judicial proceedings, in
				accordance with
				105 CMR
				460.800.
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 460.710 - Scope of Inspection Responsibility and Inspection Priorities

Current through Register 1525, July 5, 2024
The State Program, its agents, and agents of local boards of
				  health and other code enforcement agencies are obligated to inspect for lead
				  violations in a dwelling unit, residential premises, and structures within the
				  same lot line that were constructed before 1978, in which a child younger than
				  six years old lives.
The State Program, its agents, and agents of local boards of
				  health and other code enforcement agencies may use the lead determination
				  enforcement procedure, in
lieu
of a lead inspection, in all
				  cases except those that fall under 105 CMR 460.710(A). All inspections or lead
				  determination enforcement procedures shall be carried out according to the
				  following:
(A) Dwelling units in which
				a child lives who is determined to be lead poisoned. Such dwelling units shall
				be inspected as soon as possible by code enforcement inspectors from the State
				Program, a local lead poisoning prevention program or board of health. The
				State Program's case management staff shall prioritize such
				inspections.
(B) Dwelling units in
				which a child with a blood lead level of concern resides. The State Program's
				case management staff shall prioritize such inspections.
(C) Dwelling units in which a child younger
				than six years old lives for which an inspection is requested by the
				occupant.
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 460.720 - Property Transfer Lead Notification and Disclosure

Current through Register 1525, July 5, 2024
(A) Prior to the signing of a purchase and
				sale agreement or lease with an option to purchase, all persons selling or
				leasing with an option to purchase any residential premises constructed prior
				to 1978 shall provide a copy of the property transfer notification issued by
				the Director to the prospective purchaser or lessee-prospective purchaser. In
				addition, at this time, the seller or lessor-prospective seller shall provide
				to the prospective purchaser or lessee-prospective purchaser all information
				and documentation about lead hazards known to the seller, lessor-prospective
				seller or real estate agent, including but not limited to:
(1) Whether or not the residential premises
				or any dwelling units therein have been certified in compliance with
				105
				CMR 460.750(A)(1)  and
				460.760(D)(2),
				or
				460.105(D)(2),
				and a copy of any Letter of Full Compliance or Letter of Interim Control which
				was issued.
(2) If the residential
				premises or dwelling units therein have been inspected for lead hazards or
				other violations of
				105 CMR 460.000, or if
				there has been a risk assessment performed, copies of any lead determination,
				inspection, risk assessment, or post compliance assessment reports concerning
				the residential premises or any dwelling units therein; and
(3) Incidents of any past or present reported
				cases of lead poisoning in occupants, but without disclosure of the
				individual's name.
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 460.725 - Tenant Lead Law Notification and Disclosure

Current through Register 1525, July 5, 2024
(A) Effective September 1, 1995, prior to
				entering into a tenancy agreement, the owner or managing agent of a residential
				premises or dwelling unit built prior to 1978 shall disclose to the prospective
				tenant of that residential premises or dwelling unit any information and
				documentation about lead hazards known to the owner, including the location of
				paint, plaster or other accessible structural materials containing dangerous
				levels of lead, and such locations that have been covered or encapsulated. The
				documentation to be provided the prospective tenant in this regard shall
				consist of the following, pursuant to M.G.L. c. 111, § 197A(d):
(1) Two copies of the Tenant Lead Law
				Notification/Tenant Certification form issued by the Director, with the Tenant
				Certification form to be completed and signed by both the prospective tenant
				and the owner or managing agent. One copy of this form is to be retained by the
				prospective tenant and the other copy is to be retained by the owner or
				managing agent;
(2) A copy of any
				Letter of Full Compliance or Letter of Interim Control issued for the dwelling
				unit;
(3) A copy of the most recent
				lead inspection report or risk assessment report for the dwelling unit and the
				common areas or exterior surfaces of the residential premises in which the
				dwelling unit is located, if an inspection or risk assessment has been
				performed.
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 460.730 - Procedures for Initial Inspection

Current through Register 1525, July 5, 2024
Compliance with
				  105 CMR 460.000 must begin
				  with a lead inspection in all circumstances in which a Letter of Full
				  Compliance is the goal, or with a risk assessment, whenever a Letter of Interim
				  Control is the goal. There may be reasons for having a lead inspection or risk
				  assessment performed other than to initiate the compliance process, such as for
				  informational purposes. This is the case when a prospective purchaser exercises
				  his or her right to have an inspection performed at the time of property
				  transfer. Having an inspection performed does not in itself trigger any
				  obligation to achieve compliance. Lead inspectors and risk assessors shall
				  follow procedures outlined in inspector training and refresher training and in
				  policies and procedures as determined by the Director, including:
(A) Providing pre-inspection information to
				the owner;
(B) Identifying surfaces
				covered with paint, other coating, plaster or putty;
(C) Testing surfaces with loose paint, other
				coating, plaster or putty at any height. If the surface is inaccessible to the
				inspector, it is the owner's responsibility to either provide, in the presence
				of the inspector, a sample of the paint, other coating, plaster or putty, or
				bring the surface in question into compliance with the requirements of
				105
				CMR 460.110. Inspectors must also indicate if
				loose surfaces are eligible to be made intact under
				105 CMR
				460.175(B)(1)(b)  or for
				encapsulation in accordance with
				105 CMR
				460.135(A).
(D) Testing moveable impact surfaces,
				accessible mouthable surfaces, and friction surfaces.
(E) Discovering of evidence of unauthorized
				deleading. Inspectors shall be observant for evidence of unauthorized deleading
				while conducting initial inspections, the lead determination enforcement
				procedure, lead determinations, reinspections or post-compliance assessments.
				Consult policies and inspector training materials approved by the Director for
				evidence to be considered. Upon discovery of such evidence, the inspector shall
				take the following basic steps, as well as follow the requirements of policies
				and educational materials issued by the Director:
(1) Refuse to issue any Letter of Compliance
				or a Certification of Maintained Compliance or Restored Compliance.
(2) Attempt to find out if there are any lead
				inspection reports, deleaders' invoices or letters of compliance for the
				property.
(3) Report evidence of
				unauthorized deleading to the State Program for investigation.
(4) Complete the lead inspection report form,
				reinspection report form or post-compliance assessment report form, as
				applicable, and record signs of unauthorized deleading.
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 460.735 - Procedures for Post-compliance Assessment

Current through Register 1525, July 5, 2024
Any lead inspector performing a post-compliance assessment
				  shall follow procedures outlined in inspector training and refresher training
				  and in policies and procedures as determined by the Director, including:
(A) Visually checking all surfaces containing
				dangerous levels of lead or that were inaccessible for testing.
(B) Testing surfaces not identified on
				previous inspection report.
(C)
				Completing post-compliance assessment report form.
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 460.740 - Testing Methods

Current through Register 1525, July 5, 2024
The following are approved testing methods:
(A)
Testing with X-Ray
				Fluorescence Analyzer
. Lead inspectors shall operate the
				instrument in conformity with the manufacturer's instructions and training and
				educational materials approved by the Director. The instrument's
				standardization must be verified at least once a day when the instrument is
				being operated, or more often if so specified by the manufacturer, and a
				logbook must be maintained of all readings made during standardization
				verification.
(B)
Testing with 6% to 8% Sodium Sulfide Solution.
Lead
				inspectors and code enforcement lead determination inspectors shall use sodium
				sulfide solution in conformity with instructions in training and educational
				materials approved by the Director. This test shall not be performed directly
				on iron or copper pipes, railings or radiators, or other metal
				surfaces.
(C) Any other method
				approved in writing by the Director.
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 460.751 - Enforcement Deadlines According to Type of Case

Current through Register 1525, July 5, 2024
Code enforcement agencies shall apply the following deadlines
				  to the following types of cases:
(A) A
				case involving a lead poisoned child in which the owner is in need of financial
				assistance to accomplish abatement and/or containment for full compliance:
(1) Within 30 days of the owner's receipt of
				the Order to Correct Violation(s), the owner must provide to the code
				enforcement agency written documentation of the owner's effort to secure
				financing including a written acknowledgment from the lending institution or
				governmental agency that verifies the owner's effort to secure financing for
				abatement and/or containment work for full compliance. The need for financial
				assistance does not relieve the owner of the obligation to obey the Order to
				Correct Violation(s).
(2) Within 60
				days of the owner's receipt of the Order to Correct Violation(s), the owner
				must provide the code enforcement agency a copy or copies of a signed written
				contract(s) with an authorized person(s). If an authorized owner or owner's
				agent will be performing any low- or moderate-risk abatement and/or
				containment, a copy of the owner's or owner's agent's authorization shall also
				be provided within 60 days. Any contract shall specify, and any authorized
				owner or owner's agent who has not contracted in writing shall attest in
				writing, that the work will be completed according to the following schedule:
(a) Within 90 days of the owner's receipt of
				the Order to Correct Violation(s), abatement work on interior dwelling unit
				lead violations must be completed, and documented by a code enforcement lead
				inspector to have been so completed.
(b) Within 120 days of the owner's receipt of
				the Order to Correct Violation(s), any interior common area and exterior
				abatement and/or containment work, and any remaining interior dwelling unit
				low-risk abatement and/or containment activities must be completed and
				documented by a code enforcement lead inspector to have been so
				completed.
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 460.770 - Reports to Director of State Program

Current through Register 1525, July 5, 2024
Each local code enforcement agency shall submit a quarterly
				  report to the Director in a form and manner determined by the Director, by the
				  fifth working day of the following quarter. The report shall be signed by the
				  head of such agency, and shall list the status of all uncorrected lead
				  violations at the end of the previous quarter, all violations corrected during
				  such quarter, legal action taken regarding each uncorrected violation and the
				  procedural history and current status of such legal action.