Current through Register 1531, September 27, 2024
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 all 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
accordance with guidelines established by the Director and must include:
(1) Identification of loose lead
paint;
(2) Identification of
structural defects;
(3) Assessment
of window conditions; and
(4) Dust
sampling.
(B)
Performance of Work. Any abatement or containment work
necessary to meet the requirements of the Emergency Lead Management Plan for
interim control must be performed by authorized persons, in accordance with
105 CMR 460.000 and
454 CMR 22.00.
Deleading and Lead-safe Renovation Regulations.
(C)
Risk Assessment
Reinspection(s).
(1) Risk
assessment reinspection(s) shall be conducted to ensure that all interim
controls recorded on the risk assessment report as necessary to meet the
conditions of 105 CMR 460.105(A) have been completed in a workmanlike manner.
Dust samples shall be taken in accordance with the lead dust monitoring
protocol issued by the Director, and the dust monitoring standards of
105 CMR
460.170 must be met. The owner shall supply
the risk assessor with a written statement that the owner or owner's agent has
completed any required structural repair or lead dust cleanup, on a form
approved by the Director.
(2) If
abatement work was done which required occupants to be relocated from the unit,
pursuant to
105
CMR 460.160(A), 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 abatement and/or containment
activities or structural repairs were carried out after reoccupancy, the risk
assessor shall conduct another risk assessment reinspection at the conclusion
of the 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 of the state income tax credit set aside for interim control under
830 CMR
62.6.3: Lead Paint Removal
Credit.
(1)
Requirements.
(a)
Documented use of risk assessors is required to obtain a Letter of Interim
Control. If abatement or containment work was required to meet the standard of
interim control, documentation of work by an authorized person is also
required.
(b) Documentation of
authorized risk assessment and reinspection shall consist of risk assessment
reports and risk assessment reinspection reports completed by licensed risk
assessors.
(c) Documentation of
abatement and/or containment work by an authorized person shall consist of an
invoice, on a form approved by the Director, bearing the professional
letterhead of the licensed deleader or authorized person with his or her
license number, including a signed statement that the authorized person has
fully complied with the applicable requirements of
105 CMR 460.000 and
454 CMR 22.00:
Deleading and Lead-safe Renovation Regulations. For authorized
owners and owner's agents, documentation of authorized abatement and
containment work shall be made on a form approved by the
Director.
(2)
Letter of Interim Control. A Letter of Interim Control
shall be issued by a risk assessor, on a form approved by the Director, when he
or she determines that a dwelling unit and common areas are in compliance with,
for the limited time period allowed by M.G.L. c. Ill, § 197(b), the
conditions of
105 CMR 460.000 and
454 CMR 22.00:
Deleading and Lead-safe Renovation Regulations. The Letter of
Interim Control shall state a date of expiration that shall be one year from
the date of issue.
(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. Failure to maintain the dwelling unit or residential premises
under the conditions of Interim Control may invalidate the Letter of Interim
Control.
(F)
Recertification.
(1)
Before the end of the one-year period of validity of a Letter of Interim
Control, an owner must either 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) The risk assessor shall conduct a
recertification reinspection in accordance with 105 CMR 460.105(C), to ensure
that the interim controls required for the unit are still in place and are
being properly maintained. The risk assessor shall 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, these
conditions must be corrected, using authorized persons when required by 105 CMR
460.105(B). The risk assessor must return and perform another reinspection
pursuant to 105 CMR 460.105(C), and the documentation requirements of 105 CMR
460.105(D)(1) must be met. If the dwelling unit 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.
(3) 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)
Identification of a Child Who
is Lead Poisoned in a Premises under Interim Control.
(1)
Required Post Compliance
Assessment. A licensed code enforcement risk assessor shall
conduct a post compliance assessment in any dwelling unit or residential
premises with a Letter of Interim Control in which a child is identified as
lead poisoned.
(a) If the licensed code
enforcement risk assessor finds no urgent lead hazards 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, 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. 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
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 each
successive deadline set forth in
105 CMR
460.751(A) or (B), as
applicable, for complying with the Order to Correct
Violation(s).
