Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 460.000 - Lead Poisoning Prevention And Control
TRAINING, LICENSURE, REGISTRATION AND MONITORING OF LEAD INSPECTORS, DELEADERS AND RISK ASSESSORS, CERTIFICATION OF LEAD INSPECTOR AND RISK ASSESSOR TRAINING PROVIDERS
Section 460.430 - Monitoring of Lead Inspectors, Risk Assessors, Deleaders and Authorized Persons
Current through Register 1531, September 27, 2024
(A) The Director shall establish a program to monitor and audit the quality of work of lead inspectors, risk assessors, deleaders and authorized persons. Discovery of improper work by deleaders or authorized persons shall be referred to the Department of Labor Standards for appropriate action.
(B) A representative of the Director, the Department of Labor Standards or a board of health or local code enforcement agency may issue an immediate cease-work order to any authorized person who violates the terms or conditions of his or her license or certification, of M.G.L. c. 111, §§ 197 or 197B, or 105 CMR 460.000 or 454 CMR 22.00: Deleading and Lead-safe Renovation Regulations, if such violation will endanger or materially impair the health or well-being of any occupant of a residential premises, any lead inspector, risk assessor, or authorized person, or any person employed in performing renovations in a manner that disturbs lead-based paint, other coating, plaster or putty.
(C) Any lead inspector, risk assessor, deleader or authorized person who violates the terms or conditions of his or her license or certification, or any law or regulation of the Commonwealth concerning such license or certification shall be subject to a fine of not less than $500 nor more than $1,500 for each offense. The Director, the Department of Labor Standards or a local code enforcement agency may file a written complaint with the district court in the jurisdiction in which the violation occurred. Punishment by fine may be in addition to the suspension or revocation of such license or certification.
(D) The names of persons conducting lead inspections, risk assessments or abatement and containment work who are not licensed or certified pursuant to 105 CMR 460.400 or 454 CMR 22.00: Deleading and Lead-safe Renovation Regulations, with the exception of an authorized owner or owner's agent performing low- or moderate-risk abatement and/or containment activities pursuant to 105 CMR 460.175, shall be referred to the appropriate enforcement agencies.
