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 460.750 - Notice of Results of Inspections, Risk Assessments, Reinspections, Post-compliance Assessments and Lead Determination Enforcement Procedures

(1) No Lead Hazards upon Initial Inspection. Upon determination that there are no lead hazards, and there is no evidence of unauthorized deleading, the lead inspector or risk assessor shall report this to the owner, the occupants of the dwelling unit and to the Director, in a format approved by the Director. The lead inspector or risk assessor shall issue a Letter of Full Initial Inspection Compliance to the owner.

(2) Report of Inspection, Risk Assessment or Lead Determination Enforcement Procedure.

(3) Report of Reinspection and Post-compliance Assessment. The lead inspector or risk assessor shall report the results of all reinspections, dust lead monitoring results and post-compliance assessments to the owner, the occupants of the dwelling unit and the Director, in a format approved by the Director, in accordance with the timelines in 105 CMR 460.750(A)(3)(b). If no lead violations are identified by a post-compliance assessment, the inspector shall issue the owner a Certification of Maintained Compliance, in accordance with 105 CMR 460.760(E)(1). If the post-compliance assessment reveals lead hazards or other violations of 105 CMR 460.000, results shall be accompanied by the notification information required by the policies on post-compliance assessment issued by the Director. See 105 CMR 460.760(E)(2).

(1) Notice to Owner. If the initial lead inspection, or lead determination enforcement procedure reveals lead violations in a dwelling unit or residential premises in which a child younger than six years old lives, the code enforcement inspector or code enforcement lead determination inspector shall provide a notice to the owner explaining that this constitutes a violation of the Lead Law, M.G.L. c. 111, § 197, and the State Sanitary Code, and that such lead violations may endanger or materially impair the health of occupants, especially children. The code enforcement inspector or code enforcement lead determination inspector shall provide the owner with all the information required by policies approved by the Director on methods of correcting violations to achieve full compliance or interim control. For post-compliance cases, the code enforcement inspector shall provide the owner with all information required by post-compliance policies approved by the Director.

(2) Order to Correct Violation(s). The code enforcement agency shall issue an Order to Correct Violation(s) when lead violations are identified upon initial inspection, by the lead determination enforcement procedure or by post-compliance assessment in cases covered by 105 CMR 460.760(E)(2)(c), in the dwelling unit in which a child younger than six years old resides, or in which a child younger than six years old who is lead poisoned has resided within the last 12 months. The agency shall also issue such an Order in post-compliance cases in which the 30-day repair period applies, or the owner was issued an Order to Repair Post-Compliance Violations, and failed to complete repairs and clean-up in accordance with 105 CMR 460.760(E)(2)(a). The Order to Correct Violation(s) shall state the enforcement deadlines that are applicable pursuant to 105 CMR 460.751 and shall also state: