(1)
Applicability.
The requirements of 454 CMR 22.11 shall apply to all Renovation Work, except:
(a) Renovation Work for which a Lead Paint
Inspector or Risk Assessor certified pursuant to
105 CMR 460.000:
Lead Poisoning Prevention and Control has made a determination
that the surfaces affected by the Renovation are free of paint or other surface
coatings that contain lead equal to or in excess of 1.0 milligrams per square
centimeter or 0.5% by weight and where the entity performing the work has
obtained a signed statement to that effect; or
(b) Renovation Work for which a Certified
Lead-safe Renovator-supervisor, using a Recognized Test Kit, as specified by 40
CFR Parts 745.83 and 745.88, and following the Kit manufacturer's instructions,
has tested each component affected by the Renovation in accordance with
protocols taught in the training course for Certification of Lead-safe
Renovator-supervisors and determined that the components are free of paint or
other surface coatings that contain lead equal to or in excess of 1.0
milligrams per square centimeter or 0.5% by weight. If the components make up
an integrated whole, such as would the individual stair treads and risers of a
single staircase, the Certified Lead-safe Renovator-supervisor is required to
test only one of the individual components, unless the individual components
appear to have been repainted or refinished separately.
Where the testing specified by 454 CMR 22.11(1)(a) or (b) has
not been carried out, work that results in the disturbance of greater than six
square feet of painted surface per room on the interiors of buildings, or
greater than 20 square feet of painted surface on the exterior of a building,
or involves window replacement or partial demolition of painted surfaces shall
be carried out as Renovation Work in accordance with 454 CMR 22.11. Where, in
accordance with 454 CMR 22.11(1)(a), a Lead Paint Inspector or Risk Assessor
has made the determination that the surfaces affected by the Renovation are
free of paint or other surface coatings that contain lead equal to or in excess
of 1.0 milligrams per square centimeter or 0.5% by weight, Lead-safe Renovation
Contractor or other entity performing the work shall maintain a signed
statement to that effect as a record pursuant to
454 CMR
22.13(2)(c). Where the
Lead-safe Renovator-supervisor assigned to the Renovation Project makes the
determination specified at 454 CMR 22.11(1)(b), the results of such testing,
including a schematic or a description of the locations where testing was
performed, shall be maintained as a record pursuant to
454 CMR
22.13(2)(c).
(2)
Requirement for
the Use of Licensed Contractors. All Renovation Work shall be
carried out by Lead-safe Renovation Contractors who have been licensed in
accordance with
454 CMR 22.03(3)
and
22.04,
except that persons, firms, corporations or other entities who are in
possession of a current, valid Contractor Licensing Waiver issued pursuant to
454
CMR 22.04(5) may carry out
Renovation Work without being licensed, provided 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.
(3)
Responsibilities of Lead-safe
Renovation Contractors. The Responsible Person(s) of the Licensed
Lead-safe Renovation Contractor, or other entity carrying out Renovation Work
shall ensure that:
(a) All individuals
performing Renovation Work on behalf of the Contractor or entity are
Responsible Persons or employees of said Contractor or entity.
(b) All individuals performing Renovation
Work on behalf of the Contractor or entity are Certified Lead-safe
Renovator-supervisors, Licensed Deleader-supervisors in the capacity of
workers, Licensed Deleader-workers or workers who have been trained in
accordance with
454 CMR
22.08(4)(i).
(c) All Renovation Work is performed in
accordance with the work practice requirements of 454 CMR 22.11(9).
(d) The pre-renovation notification
requirements of 454 CMR 22.11(8) are met.
(e) The recordkeeping requirements of
454 CMR 22.13(2)
are met.
(f) A person who is Certified as a Lead-safe
Renovator-supervisor is assigned to every Renovation Project, and the functions
and requirements specified at 454 CMR 22.11(4) are complied with.
(4)
Responsibilities
of Certified Lead-safe Renovator-supervisors at Renovation
Worksites. The Supervisor assigned to the Renovation Project in
accordance with
454 CMR 22.03(4)
and 22.11(4). shall:
(a) Carry out, or sufficiently oversee
workers in the performance of, the work practices specified by 454 CMR 22.11(9)
to ensure compliance with the same.
(b) Provide on-the-job training in accordance
with
454 CMR 22.08(4)(i)
to workers in the work practices they will
be using in performing their assigned tasks.
(c) Be physically present at the work site
and in control of the work at all times when Renovation Work is in
progress.
(d) In the absence of
testing carried out by a Licensed Inspector or Risk Assessor, use a Recognized
Test Kit to determine the presence of lead on components that would be affected
or disturbed during Renovation Work or assume that all components that would be
disturbed by the Renovation Work contain or are covered by paint or other
materials containing Dangerous Levels of Lead.
(e) Perform the visual clearance and cleaning
verification required by 454 CMR 22.11(9)(h).
(5)
Exemption from Licensing and
Certification Requirements for Persons Performing Renovation Work in the
Capacity of Workers. Workers who participate in Renovation Work
under the direct supervision of a Certified Lead-safe Renovator-Supervisor need
not be Licensed or Certified, provided that all persons participating in said
Renovation Work in the capacity of workers have received the training specified
by
454 CMR 22.08(4)(i)
and the OSHA Lead In Construction Standard
at 29 CFR
1926.62(l).
(6)
Prohibition on the Use of
Minors. No person younger than 18 years old shall be employed to
work on any Renovation Project.
(7)
Personal Protection and Hygienic Precautions. The
employer or other entity carrying out Renovation Work shall provide medical
monitoring and personal protective equipment to employees, as specified by
454 CMR
22.09. No person shall eat, drink, smoke,
chew gum or tobacco, or apply cosmetics in any Work Area.
(8)
Distribution of Lead Hazard
Information. Persons or entities who carry out Renovation Work
shall comply with all the requirements of
40 CFR
745.84 pertaining to the distribution of the
specified lead hazard information.
(9)
Work Practice
Requirements.
(a)
Prohibited Practices. The following work practices
shall be prohibited:
1. Open flame burning or
torching of painted surfaces.
2.
The use of power operated equipment on painted surfaces to remove paint through
high-speed sanding, grinding, planing, impacting, blasting or abrading, except
where such power tools are equipped with HEPA-filtered exhaust
ventilation.
3. The use of heat
guns that operate at temperatures at or above 1,100 E F on painted surfaces
[ref 40 CFR Part 745.85].
(b)
Exclusion of
Personnel. Access to the Work Area shall be limited to persons
directly engaged in carrying out the work, emergency response personnel,
consultants carrying out work within the scope of their authority and
inspectors operating under their own jurisdiction. Limitations on access to the
Work Area shall be in place at all times when work is in progress and until
such time as the standards for post-renovation cleaning verification set forth
at 454 CMR 22.11(9)(h) are met. The Contractor is not required to employ the
use of a sign in/out log to ensure the exclusion of unauthorized persons from
accessing the Work Area as would be required on a Deleading Project. However,
the use of a sign in/out log is one means of documenting compliance with
454 CMR 22.00.
(c)
Signs. Signs,
barriers or other appropriate means necessary to enure the security of the Work
Area shall be used. To the extent practicable, signs shall be in the primary
language of the occupants. Signs shall be posted before the commencement of the
Renovation Work and remain in place until the standards for post-renovation
cleaning verification set forth at 454 CMR 22.11(9)(h) are met. Signs shall
meet the standards set forth at
29 CFR
1926.62(m).
(d)
Work Practices for Interior
Renovations.
1.
Shutdown and Isolation of HVAC Systems. Where the Work
Area of the facility being renovated is serviced by a forced air heating,
ventilation or air conditioning system (HVAC), said system shall be shut down,
and all ducts opening into the Work Area shall be covered with plastic sheeting
or other impermeable material to form a dust-tight seal, prior to the
commencement of the work.
2.
Removal of Movable Objects. All movable objects which
may be contaminated by lead dust or debris from the work activity shall be
removed from the Work Area.
3.
Covering of Non-movable Objects. All non-movable or
fixed objects remaining within the Work Area shall be sufficiently covered with
plastic sheeting taped down to form a dust-tight seal, so as to prevent their
contamination for the duration of the Renovation Project.
4.
Isolation and Containment of
the Work Area. The Work Area shall be sufficiently isolated from
adjacent interior spaces of the dwelling by plastic sheeting, or other
appropriate impermeable material, to prevent contamination of said adjacent
spaces. The integrity of the containment shall be maintained throughout the
course of Renovation Work until such time as the standards for post-renovation
cleaning verification set forth at 454 CMR 22.11(9)(h) are met. Work area
containments shall not be installed in such a manner as to interfere with
occupant or worker egress in the event of an emergency.
5.
Doors and
Windows. Doors in the Work Area that are not used to access the
Work Area shall be closed and covered with plastic sheeting secured with tape
or sealed around the edges, to form a dust-tight seal. Windows in the Work Area
shall be closed and covered with plastic sheeting secured with tape to form a
dust-tight seal. Doors used as entrances to the Work Area shall be covered in
such a manner as to allow workers to pass through, while confining dust and
debris to the Work Area.
6.
Covering of Floor Surfaces. The surfaces of floors
shall be covered with plastic sheeting in all instances except those where the
floor itself is included in the Renovation operation. The plastic sheeting
shall extend a minimum of six feet beyond the perimeter of surfaces being
renovated or a sufficient distance to contain the dust, whichever is
greater.
(e)
Requirements for Exterior Renovations.
1.
Closing of Doors and
Windows. Where Renovation Work involves the disturbance of lead
paint, lead-painted structures or lead paint debris on the side of a building,
all doors and windows within a horizontal distance of 20 feet from the area
where the work is taking place, on the same floor, and on all floors below,
shall be closed for the duration of the work.
2.
Covering of Plants and
Ground. The ground and any plants or shrubs in the area in which
exterior lead paint removal or other work which disturbs exterior lead paint or
paint debris is taking place shall be covered with a tarpaulin, plastic
sheeting or other appropriate impermeable material. Said covering shall extend
en feet from the surfaces undergoing Renovation, or a sufficient distance to
collect any and all falling paint debris, whichever is greater.
3.
Prevention of Remote
Contamination. Exterior Renovation Work shall be conducted so as
to confine any generated lead dust or debris to the Work Area, and in no case
shall said project be equipped and operated so as to permit the migration of
generated lead dust or debris to an abutting property. Barriers, containments
and engineering controls may be employed to comply with this
requirement.
4.
Material Disposition. Paint chips or other materials
containing Dangerous Levels of Lead generated during work operations shall not
be allowed to fall distances in excess of 40 feet, except where such transfer
of lead-containing materials takes place in dust-tight chutes or
enclosures.
5.
Vertical
Containment. If the renovation will affect surfaces within ten
feet of the property line, vertical containment shall be erected to ensure that
dust and debris from the renovation does not contaminate adjacent buildings or
migrate to adjacent properties. Vertical containment may also be necessary in
other situations, such as in windy conditions, or order to prevent
contamination of other buildings, other areas of the property, or adjacent
buildings or properties.
(f)
Clean-up
Requirements. All interior and exterior surfaces which may have
become contaminated with lead dust or debris, and all tools and equipment used
during work operations, shall be cleaned of all paint chips, dust, debris and
other residue at the conclusion of the project. Acceptable cleaning methods
shall include HEPA-filtered vacuuming, wet wiping or washing with solutions of
tri-sodium phosphate or any general household detergent and other forms of
low-disturbance mechanical transfer. Non-HEPA-equipped vacuums shall not be
used. Dry sweeping and compressed air release shall not be employed as cleaning
methods.
1. When vacuuming carpets and rugs,
the HEPA-vacuum shall be equipped with a beater bar.
2. Plastic sheeting and other barriers that
separate the Work Area from other areas shall remain in place until all other
areas of the Work Area have been thoroughly cleaned of all dust and debris, and
the requirements of 454 CMR 22.11(9)(h) have been met.
3. Interior horizontal surfaces shall be
cleaned by HEPA-vacuuming followed by wet wiping or mopping. Vertical surfaces
shall be cleaned by HEPA-vacuuming or by wet wiping.
4. The Work Area and any other areas exposed
to lead dust, paint chips or lead-contaminated debris from the Work Area shall
be cleaned of all such visible contamination at the end of each day. All
lead-contaminated materials shall be securely contained in the Work Area or
disposed of according to applicable EPA and MassDEP regulations.
5. All equipment used in Renovation Work
shall be thoroughly cleaned of visible dust and debris prior to removal from
the Work Area.
6. At the conclusion
of a Renovation Project, all surfaces within the Work area shall be cleaned to
the level of no visible dust and debris using HEPA-vacuuming, mopping, washing
or a combination of these methods.
(g)
Waste Disposal.
The preparation, transportation and disposal of waste material containing lead
shall be carried out in accordance with applicable EPA, DOT and MassDEP
regulations. Plastic sheeting used during the Renovation Work shall be disposed
of as waste at the conclusion of each Renovation Project. Tarpaulins used to
satisfy the requirement for covering of plants and ground at 454 CMR
22.11(9)(e)2. may only be re-used for other exterior work after they are
cleaned of all visible dust and debris by HEPA-vacuuming or the use of wet
cleaning methods. Said tarpaulins shall not subsequently be used for interior
Renovation Work in Target Housing or Child-occupied Facilities.
(h)
Post Cleaning
Verification. At the conclusion of Renovation Work and before
plastic sheeting and other barriers that separate the Work Area from other
areas are removed, a Certified Lead-safe Renovator-supervisor assigned to the
Project shall:
1. Carry out the procedures for
post renovation cleaning verification set forth in
454 CMR 22.91:
Appendix 1 and ensure that the Work Area meets the associated
standard for cleaning set forth in
454 CMR 22.91:
Appendix 1; or
2.
Ensure that the Work Area passes the Lead Dust Monitoring levels set forth at
105 CMR
460.170: Lead Dust
Monitoring. Dust wipe testing as prescribed by
105 CMR
460.170: Lead Dust Monitoring
and associated dust wipe protocols may be used for post clearance
verification, in lieu of the method set forth in
454 CMR 22.91:
Appendix 1. Where dust wipe testing is used, it shall be
carried out as prescribed by
105 CMR
460.170: Lead Dust Monitoring
and the associated dust wipe protocols of CLPPP, and the Work Area
will be considered to have passed clearance when it has met the criteria set
forth at
105 CMR
460.170(B).
(i). Activities
Conducted after Post-renovation Cleaning Verification. Activities
that do not disturb paint, such as applying paint to walls that have already
been prepared, are not regulated by 454 CMR 22.11 if they are conducted after
post-renovation cleaning verification has been performed and if they do not
result in the disturbance of painted surfaces.
