Current through Register 1531, September 27, 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.
(B)
A case involving a lead poisoned child in which the owner is not in need of
financial assistance to accomplish abatement and/or containment for full
compliance: Within 30 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 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 activities, a copy of the owner's or owner's agent's
authorization shall also be provided within 30 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:
(1) Within 60 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.
(2) Within 90 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.
(C) A case in
which no lead poisoned child resides in the premises:
(1) 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 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 certificate of instruction 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, and any interior
structural repairs for interim control must be completed, and documented by a
code enforcement lead inspector or risk assessor to have been so
completed.
(b) Within 120 days of
the owner's receipt of the Order, any interior common area and exterior
abatement and/or containment work, and any remaining interior dwelling unit
low-risk abatement and/or containment activities or interim control work must
be completed and documented by the code enforcement lead inspector or risk
assessor to have been so completed.
(D) A case involving a lead poisoned child in
which the owner has received a waiver from the Director, pursuant to
105 CMR
460.100(A)(3), to perform
interim controls, shall proceed in accordance with the requirements and
timelines of 105 CMR 460.751(C).
