Code of Massachusetts Regulations
454 CMR - DEPARTMENT OF LABOR STANDARDS
Title 454 CMR 22.00 - Deleading and Lead-safe Renovation
Section 22.01 - Purpose and Scope
Current through Register 1531, September 27, 2024
(1) Purpose. 454 CMR 22.00 shall establish and/or constitute:
(2) Scope.
(3) Exceptions. The Director of the Massachusetts Department of Labor Standards may grant exceptions to 454 CMR 22.00 in those instances where it is clearly evident that existing conditions prevent compliance, or where compliance will create an undue hardship, but only in circumstances in which granting the exception will maintain the protection of the health and safety of workers and the general public. Requests for exceptions to 454 CMR 22.00 shall be submitted in writing to the Director and shall specify those provisions of 454 CMR 22.00 for which exceptions are sought, the reasons for requesting the exceptions and any proposed alternatives to the requirements of 454 CMR 22.00. Exceptions granted by the Director shall remain in force until rescinded in writing or until a certain date set at the time that the exception is granted.
(4) Alternative Methods. The Director may allow the use of newly developed techniques, methods, or equipment that provide a level of protection for workers and the general public that equals or exceeds that specified by 454 CMR 22.00, so long as such methods are not inconsistent with methods that have been approved by the Director of the Childhood Lead Poisoning Prevention Program pursuant to M.G.L. c. 111, § 192A. Requests for approval of an alternative method shall be submitted in writing to the Director and shall contain a detailed description of the proposed alternative method(s) for performing the work. The Director, in his or her sole discretion, may approve or deny the request for the use of proposed alternate method(s). The Director's decision shall be final.
(5) Severability. If any provision of 454 CMR 22.00 shall be held inconsistent with M.G.L. c. 111, M.G.L. c. 149 or any other Massachusetts law or held unconstitutional, either on its face or as applied, the inconsistency or unconstitutionality shall not affect the remaining provisions of 454 CMR 22.00.