Current through Register 1531, September 27, 2024
(A) Violations of
105 CMR 460.000 also
constitute violations of the State Sanitary Code (M.G.L. c. 111, § 127A)
which requires corrections to be made in a workmanlike fashion, including
restoring all parts of the residential premises to the condition they were in
before occurrence of any such violations. Authorized persons shall perform work
in accordance with the requirements of
105 CMR 460.000 and
454 CMR 22.00:
Deleading and Lead-safe Renovation Regulations, and the safe
work practices and procedures set out in training, educational materials, or in
additional guidance approved by the Director or the Department of Labor
Standards. 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) Abatement or containment of lead-based
paint, other coating, plaster or putty must be performed as follows:
(1) Loose lead-based paint, other coating,
plaster or putty on surfaces that are neither moveable impact surfaces nor
accessible mouthable surfaces must be abated intact or contained.
(2) Lead-based paint, other coating, plaster
or putty on moveable impact surfaces shall be abated, or, with the exception of
window sashes that are part of an interior habitable area or which need to be
useable to meet ventilation requirements under the state Building Code (780
CMR), contained with an approved covering. In the case of metal windows, only
lead-based paint or other coating on the sills shall be abated or contained.
Other moveable impact surfaces on metal windows must be intact or, if loose,
made intact.
(3) Lead-based paint,
other coating, plaster or putty shall be abated on accessible, mouthable
surfaces to a height of five feet, and four inches in from each edge, or such
surfaces may be contained. Encapsulants applied to suitable accessible,
mouthable surfaces must be applied to the entire surface, rather than only to a
height of five feet and only four inches in from each edge.
(4) Lead-based paint, other coating, plaster
or putty shall be abated on friction surfaces at all points of potential
friction where the components meet. Stair treads must be abated in their
entirety to the wall or balusters, or such surfaces may be covered. Friction
surfaces may not be encapsulated.
(C) Only authorized persons shall perform
abatement or containment activities. The following authorized persons may
perform the following categories of abatement and containment activities:
(1) Licensed deleaders may perform all
abatement and containment activities in accordance with the requirements of
105 CMR 460.000 and
454 CMR 22.00:
Deleading and Lead-safe Renovation Regulations.
(2) Authorized persons and owners and owners'
agents authorized to perform moderate-risk abatement may perform all moderate-
and low-risk abatement and/or containment activities, subject to the
requirement of 105 CMR 460.110(C)(3), in accordance with the requirements of
105 CMR 460.000 and
454 CMR 22.00:
Deleading and Lead-safe Renovation Regulations.
(3) An owner or owner's agent authorized to
perform only low-risk abatement and/or containment activities may perform only
the activities set out at
105 CMR
460.175(A), subject to the
requirements of 105 CMR 460.110(C)(4), and in compliance with all the
requirements of
105 CMR
460.000.
