Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 460.000 - Lead Poisoning Prevention And Control
DEFINITIONS
Section 460.020 - Meaning of Terms

(1) When present in paint or coatings offered for sale, a dangerous level of lead shall be deemed to be 90 parts per million or greater as measured by atomic absorption spectrophotometry.

(2) When present in a dried film including, but not limited to, paint, glaze, stain, varnish or other substance on any toy, furniture or other articles, or when present in paint, other coating, plaster or putty on residential surfaces, a dangerous level of lead shall be deemed to be the following:

(3) When present in a glaze or enamel on a glass, ceramic, porcelain or porcelain-coated cooking, eating or drinking utensil, or a porcelain-coated household appliance or fixture, a dangerous level of lead shall be deemed to be two parts per million or greater as tested by A.S.T.M. Standard Method C 738.

(4) Grandfather Compliance Provision. Surfaces identified pursuant to the provisions of 105 CMR 460.730 to contain a level of lead between 1.0 and 1.2 milligrams per square centimeter, inclusive, and in compliance with the provisions of 105 CMR 460.000 prior to August 30, 2002, shall be deemed not to contain a dangerous level of lead, provided such surfaces are maintained in an intact condition.

Deleading Technology Task Force means the Task Force established by the Director pursuant to M.G.L. c. 111, § 192A to review, evaluate and recommend new methods to abate or contain paint or other accessible structural materials containing a dangerous level of lead.

Demolition means removing an architectural component or fixture by destruction, as distinguished from removing the component piece by piece.

Director means the Director of the Childhood Lead Poisoning Prevention Program in the Department of Public Health.

Dwelling Unit means the room or group of rooms within a residential premises used or intended for use by one individual, family or household for living, sleeping, cooking and eating. Dwelling Unit includes a condominium.

Emergency Lead Management Plan means the entire interim control regulatory process, set forth at 105 CMR 460.105, beginning with risk assessment and extending through issuance of a Letter of Interim Control, monitoring and maintenance, recertification and repair and revocation, under which urgent lead hazards are addressed, in accordance with M.G.L. c. 111, § 197(b) and 105 CMR 460.105, until achieving full compliance with M.G.L. c. 111, § 197(c) and 105 CMR 460.110.

Encapsulant means a coating product applied in liquid form, with or without a structural reinforcement, that is formulated to be a long-lasting and resilient covering that forms an effective barrier over paint or other coatings containing a dangerous level of lead.

Friction Surfaces mean doors, door jambs, and stair treads.

Full Compliance means the abatement and/or containment of paint, plaster or other accessible structural material containing dangerous levels of lead in compliance with M.G.L. c. 111, § 197(c) and 105 CMR 460.110 and 460.760.

HEPA Filter Vacuum Cleane r means a vacuum cleaner equipped with a high efficiency particulate air (HEPA) filter capable of filtering out particles of 0.3 microns or greater diameter from a body of air at 99.97% efficiency or greater. Vacuum cleaners equipped with filters capable of filtering out particles of less than 0.3 microns diameter at 99.97% efficiency or greater may be substituted for HEPA filter vacuums.

Inspector, Code Enforcement means any lead inspector who is an employee or agent of a local code enforcement agency or the State Program.

Inspector, Code Enforcement Lead Determination means an employee or agent of a code enforcement agency who has completed a specialized code enforcement lead determination inspector training program and field apprenticeship as prescribed by the Director. Code enforcement lead determination inspectors are licensed to perform the lead determination enforcement procedure in accordance with 105 CMR 460.700(B), and to perform lead dust monitoring in accordance with 105 CMR 460.170, but they may not perform full lead inspections, issue letters of compliance or carry out other activities of a lead inspector.

Inspector, Private means any lead inspector other than a code enforcement inspector.

Intact means that paint, other coating, plaster or putty on a surface is not loose.

Interim Control Period means the time period beginning with the issuance of a Letter of Interim Control for a particular dwelling unit or residential premises, and ending with the achievement of full compliance no later than two years from the date of the issuance of the Letter of Interim Control.

Interim Controls means all the temporary measures required by the risk assessment to be taken for a particular dwelling unit or residential premises to address urgent lead hazards until full compliance is achieved, in accordance with M.G.L. c. 111, § 197(b) and 105 CMR 460.105.

Lead-based means putties, paints, plaster, glazes and other surface coatings that contain a dangerous level of lead.

Lead Determination means a lead inspector's detection of the presence or absence of dangerous levels of lead on one or more selected surfaces in a dwelling unit or residential premises, but not on all surfaces which would require testing for a full lead inspection. See 105 CMR 460.400(C).

Lead Determination Enforcement Procedure means the procedure under which a code enforcement lead inspector, or a code enforcement lead determination inspector may issue an Order to Correct Violation(s) if one or more lead determinations identifying lead violations are made when testing a minimum of five surfaces, pursuant to 105 CMR 460.700.

Lead Hazard means a surface with dangerous levels of lead that meets the definition of Loose, Accessible, Mouthable Surfaces, Moveable, Impact Surfaces, or Friction Surfaces.

Lead Inspection means the procedure used by lead inspectors for testing all applicable residential surfaces for dangerous levels of lead, using either an X-ray fluorescence analyzer and/or a 6% to 8% solution of sodium sulfide, in accordance with the requirements of 105 CMR 460.000 and policies and training materials approved by the Director.

Lead Inspector means a person trained and licensed to perform lead inspections and all associated responsibilities in accordance with 105 CMR 460.400, as well as policies and training materials approved by the Director.

Lead Poisoning means a medical condition present in a child younger than six years old in which the child has a concentration of lead in whole venous blood of ten micrograms per deciliter or greater.

Lead Violation means a surface that meets the definition of Lead Hazard in a residential premises of a child younger than six years old.

(1) Determined upon initial inspection to be in full compliance with M.G.L. c. 111, § 197 and 105

CMR 460.000; or

(2) Determined through reinspection(s) to be in full compliance with M.G.L. c. 111, § 197(c) and

105 CMR 460.000 and 454 CMR 22.00: Deleading and Lead-safe Renovation Regulations.

Letter of Interim Control means a written statement, signed, dated and issued by a risk assessor, certifying that a dwelling unit and common areas are determined to be in compliance with for the limited time allowed, by M.G.L. c. 111, § 197(b) and 105 CMR 460.000, as long as the conditions of 105 CMR 460.105 continue to be met.

Loose means that paint, other coating, plaster or putty on a surface is peeling, flaking, chipping, crumbling, cracking, deteriorated or damaged in any manner.

Low-risk Abatement and/or Containment means the work allowed by 105 CMR 460.175(A) to be performed by authorized persons, provided such activities are performed in compliance with the requirements of 105 CMR 460.000, and 454 CMR 22.00: Deleading and Lead-safe Renovation Regulations.

Managing Agent means the person or entity designated by the owner of a residential premises or dwelling unit to whom rent is to be paid regularly.

Moderate-risk Abatement means the work allowed by 105 CMR 460.175(B) to be performed by authorized persons, as long as such activities are performed in compliance with the requirements of 105 CMR 460.000 and 454 CMR 22.00: Deleading and Lead-safe Renovation Regulations.

Moveable, Impact Surfaces means surfaces on windows with sills five feet or less from the floor, stair tread or ground, that either move or come in contact with window surfaces that move, and include, but are not limited to, window sashes, wells, parting beads, stops and windowsills.

(1) has legal title to any premises;

(2) has charge or control of any premises as an agent who has authority to expend money for compliance with the state sanitary code, executor, administrator, trustee or guardian of the estate of the holder of legal title;

(3) an estate or trust of which such premises is a part, or the grantor or beneficiary of such an estate or trust; or

(4) 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 and fixtures 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 105 CMR 460.100(C), shall be considered an owner.

(1) low-risk and moderate-risk abatement and containment, in accordance with all the requirements of 105 CMR 460.000 and 454 CMR 22.00: Deleading and Lead-safe Renovation Regulations;

(2) structural repairs or lead dust cleaning that may be needed for interim control, in accordance with 105 CMR 460.105; or

(3) obligations with regard to the Short-term Vacation or Recreational Rental Exemption pursuant to 105 CMR 460.100(D).

An owner's agent does not include a contractor hired by the owner for the purpose of performing moderate-risk abatement activities. Contractors must be licensed in accordance with 454 CMR 22.00: Deleading and Lead-safe Renovation Regulations, and perform moderate-risk abatement activities in accordance with 105 CMR 460.000 and 454 CMR 22.00.

Post-compliance Assessment means the procedure used by lead inspectors, pursuant to 105 CMR 460.735, to determine whether a dwelling unit and common areas for which a Letter of Full Compliance or Letter of Interim Control has been issued, remains in compliance with the standards of that letter.

Prospective Tenant(s) means the person(s) who is about to enter into a written or oral agreement with an owner to rent, for the first time, a particular dwelling unit or residential premises.

Relocated means that the occupants of a dwelling unit have temporarily moved out of the unit only for the duration of certain abatement activities in the unit, as required by 105 CMR 460.160(A). Relocated occupants will return to the unit upon the determination of a lead inspector or risk assessor that the unit meets the conditions for reoccupancy pursuant to 105 CMR 460.760(A).

Residential Premises or Residential Property means every building or shelter constructed prior to 1978, used or intended for human habitation, including exterior surfaces and all common areas thereof, and all other property, including other structures located within the same lot line whose existence causes or is likely to affect noncompliance with the provisions of 105 CMR 460.000. Residential premises are comprised of one or more dwelling units.

Risk Assessment means the procedure for determining and reporting the existence, extent and location of urgent lead hazards in residential premises or dwelling units, and prescribing required measures to be taken for proper interim control. A risk assessment shall include a lead inspection; identification of urgent lead hazards; when appropriate, dust sampling; provision of a risk assessment report detailing the results of the risk assessment, and development of measures for correcting urgent lead hazards in the unit.

Risk Assessor means any lead inspector who has met the conditions specified in 105 CMR 460.400 and is licensed as a risk assessor to conduct risk assessments.

Rooming House means every dwelling or part thereof that contains one or more rooming units in which space is let or sublet for compensation by the owner or operator to four or more persons not within the second degree of kindred to the person compensated.

Rooming Unit means the room or group of rooms let to an individual or household for use as living and sleeping quarters. Boarding houses, hotels, inns, lodging houses, dormitories and other similar dwelling places shall be included under Rooming House.

State Laboratory for Lead and Lead Poisoning Detection means the laboratory established by the Commissioner pursuant to M.G.L. c. 111, § 195, for the purpose of analyzing blood specimens from children for the presence of lead; and analyzing samples of paint, plaster, and other materials, within the laboratory or on site with mobile units, for dangerous levels of lead.

State Program means the Childhood Lead Poisoning Prevention Program established by the Department of Public Health pursuant to M.G.L. c. 111, § 190.

State Register of Historic Places means the list of historic and archaeological properties of the Commonwealth, as defined in M.G.L. c. 9, § 26C.

State Sanitary Code means the regulations adopted by the Department of Public Health pursuant to M.G.L. c. 111, § 127A.

Structural Defects means leaks, deteriorations or ruptures in structural components that permit the entry of water that causes the deterioration of lead paint, plaster or putty, or dry rot or insect damage that causes the deterioration of lead paint, plaster or putty. These include, but are not limited to, roof, soffit, plumbing, flashing and gutter leaks.

Structural Repairs means measures taken to correct structural defects that result in substrate and/or moisture problems that cause or contribute to the creation of urgent lead hazards including, but not limited to, roof repairs, plumbing repairs and repairs to flashing and gutters. Structural repairs also includes repairs to return windows to operable condition, but does not include abating or containing lead hazards on any window surface.

Surface means a wall, ceiling, floor or any architectural component or fixture on the interior or exterior of a dwelling unit or residential premises or on other structures within the lot line of a residential premises.

Training Provider means an entity certified pursuant to 105 CMR 460.410 to provide training for persons to become lead inspectors and risk assessors, and to provide the course of instruction to owners and owner's agents to become authorized to perform moderate-risk abatement.

Urgent Lead Hazards means loose paint, plaster or putty containing dangerous levels of lead; conditions requiring safeguards under 105 CMR 460.105(A)(3); dust with lead levels in excess of acceptable standards under 105 CMR 460.170, and structural defects.

Work Area means a room or interior or exterior common area within which abatement or containment or interim control work is taking place. When a door, door casing, doorjamb or threshold is being abated or contained, the work area shall include the adjoining room or hallway on each side of the door. When a common area hallway is being abated or contained, the work area shall include all the contiguous space of the hallway on that floor or at a maximum, ten feet in either direction beyond the surfaces being abated or contained. When exterior abatement and/or containment is taking place, the work area shall include ten feet in either direction beyond the area being abated or contained.

X-ray Fluorescence Analyzer (XRF) means any mobile instrument which measures on-site lead concentration in milligrams per square centimeter (mg/cm2).