(A)
Reoccupancy Reinspection. Occupants of a dwelling unit
or residential premises undergoing deleading may not resume occupancy until the
dwelling unit successfully meets the conditions of a reoccupancy reinspection.
All lead inspectors shall conduct reoccupancy reinspections and if applicable,
all subsequent reinspections, using a copy of the initial inspection report.
The conditions of a reoccupancy inspection are as follows:
(1) The reoccupancy reinspection should be
conducted as soon as possible following the last final clean-up pursuant to
105
CMR 460.160(D)(1). No other
interior dwelling unit abatement or containment activities may occur following
a reoccupancy reinspection, with the exception of certain low-risk abatement
and/or containment activities, as set out in
105 CMR
460.175(A).
(2) All replacement, abated or contained
doors must be in place at the time of the reoccupancy reinspection.
(3) Surfaces from which lead-based paint,
other coating, plaster or putty has been completely removed, and new
replacement surfaces, cannot have been painted or received a sealant coating
equivalent to paint at the time of the reinspection unless:
(a) in the case of surfaces from which lead
paint has been removed, the surface was previously inspected and approved while
the substrate was bare; or
(b) in
the case of new replacement surfaces which have been refinished or abated
surfaces which have been repainted, the surface is retested by a lead
inspector, and if determined to contain dangerous levels of lead, the surface
is abated or contained.
(4) The lead inspector shall visually examine
every interior surface previously found to be a lead hazard, to ascertain the
following:
(a) Surfaces that have been abated
have either been removed or the paint, other coating, plaster or putty on the
surfaces has been completely removed to bare substrate. The lead inspector
shall also ensure that all abated surfaces have been finish-sanded or prepared
to be repainted or to receive a comparable coating.
(b) No film or visible dust is present on any
surface from which lead-based paint, other coating, plaster or putty was
removed.
(c) Surfaces that have
been prepared for containment or encapsulation have been properly prepared. The
lead inspector shall examine all surfaces that were first made intact by an
authorized person.
(d) All surfaces
contained with approved coverings have been contained in a workmanlike
manner.
(5) Interior
surfaces previously not found to be a lead hazard, but in room(s) in which
deleading has occurred and adjacent areas, shall be visually inspected to
ensure that no dust is present.
(6)
Dust samples must be taken at the time of the reoccupancy reinspection, and the
dust monitoring standards of
105 CMR
460.170 must be met before reoccupancy or
initiation of a new occupancy may occur. The lead inspector shall wait at least
one hour following the last final clean-up required by
105
CMR 460.160(D)(1) before
taking dust samples.
(7) In those
cases in which all lead hazards (including exterior, if applicable) are
satisfactorily abated and/or contained at the time of the reoccupancy
reinspection, this inspection shall constitute a deleading
reinspection.
(B)
Deleading Reinspection. The lead inspector shall
determine if all relevant surfaces have been fully and properly encapsulated or
contained with approved coverings, all interior or exterior surfaces that were
abated using chemical strippers were first reinspected and met the conditions
of 105 CMR 460.760(A)(4)(a) and (b) and since have been repainted, all exterior
violations were satisfactorily abated or contained, and that all such work was
performed in a workmanlike manner. In all cases in which there had been no
preceding reoccupancy reinspection, the dust lead monitoring requirements of
105 CMR 460.760(A)(6) must be met.
(C)
Court Appearance, Safety
Check and Other Reinspections. Code enforcement inspectors shall
make reinspections of dwelling units and residential premises found in
violation of
105 CMR 460.000 as
necessary for show cause and other court hearings, checks on deleading safety,
and other related purposes as necessary.
(D)
Full Compliance.
In order for a Letter of Full Deleading Compliance to be issued, all lead
hazards cited by the lead inspector must be corrected, and the documentation
requirements of 105 CMR 460.760(D)(1) must be met. A Letter of Full Deleading
Compliance must be issued in order for the owner to be eligible for the full
amount of the state income tax credit, and/or the deleading loan program
authorized under the Department of Housing and Community Development.
(1)
Requirements.
(a) Documented use of lead inspectors is
required to obtain a Letter of Full Compliance. If abatement or containment
work was required, documentation of work by an authorized person is also
required to obtain a Letter of Full Deleading Compliance.
1. Documentation of authorized inspection and
reinspection shall consist of initial inspection reports and all reinspection
reports completed by lead inspectors.
2. Documentation of authorized abatement and
containment work by an authorized person shall consist of an invoice, on a form
approved by the Director, bearing the professional letterhead of a licensed
deleader, or authorized persons with his or her license or certification
number, including a signed statement that the authorized person has performed
all work in compliance with
454 CMR 22.00:
Deleading and Lead-safe Renovation Regulations and
105 CMR 460.000. For
authorized owner's and owner's agents, documentation of authorized abatement
and containment work shall be made on a form approved by the
Director.
(2)
Letters of Full Compliance.
(a)
A Letter of Full Initial
Inspection Compliance shall be fully completed, signed and issued
by a lead inspector, on a form approved by the Director, when he or she
determines that a dwelling unit and common areas are in compliance with M.G.L.
c. 111, § 197(c) and
105 CMR 460.000 upon
initial inspection.
(b)
A Letter of Full Deleading Compliance shall be fully
completed, signed and issued by a lead inspector, on a form approved by the
Director, when he or she determines that a dwelling unit and common areas are
in compliance with M.G.L. c. 111, § 197(c) and the conditions of
105 CMR 460.000 and
454 CMR 22.00:
Deleading and Lead-safe Renovation Regulations have been
met.
(E)
Post-compliance Maintenance and Monitoring. An owner
of a dwelling unit and related common areas that has been issued a Letter of
Full Compliance and in which a child younger than six years old resides shall
take reasonable care to make sure that the standards of the Letter of Full
Compliance are maintained. The owner shall take reasonable care to promptly
correct any failure of measures taken to achieve full compliance, or address
any new lead violations, in accordance with safety procedures set out in
policies and protocols approved by the Director and distributed to the owner
with the Letter of Full Compliance. Owners hiring contractors to maintain their
property or owners doing their own maintenance work on their rental property
must be sure to follow the requirements set forth in
454 CMR 22.00:
Deleading and Lead-safe Renovation Regulations for safe
renovation and repair work.
(1)
Documenting a Post-compliance Assessment by a Lead Inspector in
Which No Lead Hazards Are Found. If a lead inspector performs a
post-compliance assessment and determines that the dwelling unit and related
common areas remain in compliance with M.G.L. c. 111, § 197(c) and
105 CMR 460.000, the lead
inspector shall fully complete, sign and issue a Certification of Maintained
Compliance. This Certification, on a form approved by the Director, shall be an
addendum to the previously issued Letter of Full Compliance.
(2)
Documenting a Post-compliance
Assessment by a Lead Inspector in Which Lead Hazards Are Found.
(a) The owner shall have 30 days from the
date of a lead inspector's or risk assessor's post-compliance assessment, to
complete the repair and clean up the unit to the standards required by the
Letter of Full Compliance. In cases in which a code enforcement lead inspector
or lead determination inspector is involved, the owner shall have 30 days from
receipt of an Order to Repair Post-compliance Violations, or any immediately
preceding Order to Correct Violation(s) to complete the repair and clean up the
unit to the standards required by the Letter of Full Compliance. The repair may
be performed by the owner or any other person 18 years of age or older during
this period as maintenance, in accordance with safety procedures set out in
policies and protocols approved by the Director and distributed to the owner
with the Letter of Full Compliance as well as
454 CMR 22.00:
Deleading and Lead-safe Renovation Regulations. If the lead
inspector reinspects and confirms that the owner has completed this work and
cleanup, and has met the dust lead standards of
105 CMR 460.170(B)
within 30 days, the lead inspector shall
issue a Certification of Maintained Compliance. The Letter of Full Compliance
remains valid for this period. It is the owner's responsibility to make sure a
lead inspector returns to document that the standards of the Letter of Full
Compliance have been maintained within this 30-day period. If such an owner
fails to have the lead inspector return to document that the standards of the
Letter of Full Compliance have been maintained within this time period, the
Letter of Full Compliance is no longer valid.
(b) If the owner has not completed the repair
and cleanup work necessary to maintain the standards of the Letter of Full
Compliance in accordance with 105 CMR 460.760(E)(2)(a), all lead hazards cited
by the lead inspector must be corrected by authorized persons, and the
reinspection and documentation requirements of 105 CMR 460.760 must be met.
Once a lead inspector returns and determines that all lead hazards have been
corrected by authorized persons in accordance with
105 CMR 460.000, and the
reinspection and documentation requirements of 105 CMR 460.760 have been met,
the lead inspector shall issue the owner a Certification of Restored
Compliance. A Certification of Restored Compliance shall be fully completed,
signed and issued by a lead inspector, on a form approved by the Director, when
he or she determines that a dwelling unit and common areas are again in
compliance with M.G.L. c. 111, § 197(c), and all the conditions of
105 CMR 460.000 and
454 CMR 22.00:
Deleading and Lead-safe Renovation Regulations in achieving
compliance have been met. This document shall be an addendum to the previously
issued Letter of Full Compliance.
(c) A post-compliance assessment shall be
performed by a State Program lead inspector, or may be performed by any code
enforcement lead inspector authorized to perform lead inspections in the homes
of lead-poisoned children, in any dwelling unit with a Letter of Full
Compliance in which resides a child who has been identified as being lead
poisoned. Upon request, a post-compliance assessment shall be performed by such
a code enforcement lead inspector in any dwelling unit in which resides a child
who has been identified as having a blood lead level of concern in accordance
with M.G.L. c. 111, § 197C(a) and
105 CMR 460.020.
When lead violations are found in such units, the code enforcement lead
inspector shall issue the owner an Order to Correct Violation(s), pursuant to
105
CMR
460.750(B)(2).
