Code of Massachusetts Regulations
454 CMR - DEPARTMENT OF LABOR STANDARDS
Title 454 CMR 22.00 - Deleading and Lead-safe Renovation
Section 22.03 - General Requirements
Current through Register 1531, September 27, 2024
(1) General Requirements for Licensure of Deleading Contractors. Except as allowed by 454 CMR 22.03(1)(a) through (c), no person, firm, corporation or other entity shall enter into, engage in or work at the business of lead abatement unless such person, firm, corporation or other entity has been duly licensed as a Deleading Contractor, in accordance with 454 CMR 22.04. For the purposes of 454 CMR 22.03(1), the phrase "engage in . . . the business of lead abatement" includes, but is not limited to, advertising Deleading services and submitting bids for work in which the majority of the contract-value of the project involves Deleading Work.
(2) Requirements for Licensure or Certification of Supervisors and Workers on Deleading Projects.
(3) General Requirements for Licensure of Lead-safe Renovation Contractors. No person, firm, corporation or other entity shall perform, offer, or claim to perform Renovation Work in Target Housing or Child-occupied Facilities unless that person, firm, corporation or other entity has been licensed as a Lead-safe Renovation Contractor in accordance with 454 CMR 22.04, except that:
Persons, firms, corporations or other entities who carry out Renovation Work at their own property using their own regular employees or Responsible Persons need not be licensed as Lead-safe Renovation Contractors or Deleading Contractors, provided that: said person, firm, corporation or other entity is in possession of a duly executed Contractor Licensing Waiver, as specified at 454 CMR 22.04(5); that the requirements of 454 CMR 22.11(3) and (4) are met; and the work is otherwise conducted in accordance with the applicable requirements of 454 CMR 22.00.
(4) Requirements for the Use of Certified Supervisors and Trained Workers on Renovation Projects.
(5) Requirement for Licensure of Providers of Deleading and Lead-safe Renovation Training. Persons who provide or work at the business of providing training required for Licensure or Certification by 454 CMR 22.00 shall be duly Licensed pursuant to 454 CMR 22.07 prior to engaging in such work, and shall otherwise comply with the requirements of 454 CMR 22.07. For the purposes of 454 CMR 22.03(5), the phrase "work at the business of providing training" includes, but is not limited to advertising Deleading or Lead-safe Renovation training services and submitting bids for work where the majority of the contract value of the project involves Deleading or Lead-safe Renovation training.
(6) Requirements for Training. All persons requiring training as a prerequisite for Licensure or Certification pursuant to 454 CMR 22.03(1) through (4), or for participation in Renovation Projects in the capacity of workers, shall be trained pursuant to 454 CMR 22.08, in their own language.
(7) Worker Protection and Medical Monitoring Requirements. The requirements of 454 CMR 22.09 shall apply to the personal protection and medical monitoring of all persons engaged in Deleading Work and Renovation Work, except Owners and Owner's Agents who conduct Deleading Work in accordance with M.G.L. c. 111, § 197(d).
(8) Notification Requirements for Deleading Projects. Persons carrying out Deleading Projects shall comply with the notification requirements of 454 CMR 22.10.
(9) Requirements for the Conduct of Renovation Work. Persons, firms, corporations or other entities who carry out Renovation Work shall ensure that the requirements of 454 CMR 22.11 for such work are met.
(10) Requirements for the Conduct of Deleading Projects. Persons, firms, corporations or other entities who carry out Deleading Projects shall ensure that the requirements of 454 CMR 22.12 for such work are met.
(11) Recordkeeping Requirements. Licensed Deleading Contractors, Lead-safe Renovation Contractors and Training Providers shall maintain records in accordance with the requirements of 454 CMR 22.13.
(12) Requirements Pertaining to the Use of Personnel for Renovation and Deleading Work.
(13) Presentation of Deleading and Lead Safe Renovation Licenses and Certificates. Persons holding Deleading and Renovation Licenses and/or Certificates issued pursuant to 454 CMR 22.00 shall maintain them at the Deleading or Renovation work site and produce the same for inspection whenever requested by the Director or the Director's representative.
(14) Requirements for Compliance with Applicable Provisions of 105 CMR 460.000: Lead Poisoning Prevention and Control. Deleaders, Renovators, Training Providers, employers and other entities subject to the requirements of 454 CMR 22.00 shall also comply with the applicable provisions of 105 CMR 460.000: Lead Poisoning Prevention and Control.
(15) Administrative License and Certificate Actions. As set forth at 454 CMR 22.15, the Director may deny, suspend, revoke or refuse to renew a License or Certificate issued pursuant to 454 CMR 22.04 through 22.07, attach conditions to a License or Certificate; issue a civil penalty pursuant to 454 CMR 29.00: Civil Administrative Penalties or take other administrative actions against a License or Certificate holder for sufficient cause.