(1)
Requirements for Class I
Deleading Projects. Persons, firms, corporations or other entities
who conduct Class I Deleading Projects and the Deleader Supervisor required to
be on-site by 454 CMR 22.12(1)(a)2. shall ensure that said Project is arranged,
equipped and operated in a manner that complies with the requirements of 454
CMR 22.12, any other applicable section of
454 CMR 22.00,
105 CMR 460.000:
Lead Poisoning Prevention and Control and any other applicable
Massachusetts regulation.
(a)
General Requirements.
1.
Requirement for Performance by
Licensed Deleading Contractor. Except as allowed by M.G.L. c. 111,
§ 197(d), Class I Deleading Projects shall be conducted by Deleading
Contractors licensed pursuant to
454
CMR 22.04.
2.
Requirement for On-site
Deleader-supervisor. A person who is licensed as a Deleader
Supervisor pursuant to
454
CMR 22.05 and who is an employee or
Responsible Person of the business entity which entered into the Class I
Deleading Work shall be physically present at the Work Area and in control of
all Deleading Work being performed therein at all times when said Work is in
progress.
3.
Requirement for Use of Licensed Workers. Persons who
perform Class I Deleading Work under the direction of the Deleader-supervisor
required to be on-site by 454 CMR 22.12(1)(a)2. shall be employees or
Responsible Persons of the business entity which entered into the Class I
Deleading Work and licensed as Deleader-supervisors or as Deleader-workers
pursuant to
454
CMR 22.05.
4.
Required Deleading
Notification. No Class I Deleading Work shall take place until
notice has been given to the Department, as required by
454 CMR
22.10.
5.
Hygienic
Precautions. The Deleading Contractor and Deleader-supervisor
shall not permit anyone to eat, drink, smoke, chew gum or tobacco, or apply
cosmetics in the Work Area or changing area.
6.
Material
Disposition. Paint chips or other materials containing Dangerous
Levels of Lead generated during Deleading Work 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.
7.
Prevention of Remote
Contamination. All Deleading Work performed on any structure shall
be arranged, equipped and operated in a manner which eliminates the possibility
of lead contaminants or lead-contaminated materials escaping from the Work
Area.
8.
Methods of
Paint Removal. Only the methods of paint removal specified by
105
CMR 460.120: Removal and Making
Intact Lead-based Paint and Other Coatings shall be permissible for
the removal of lead-based paint.
9.
Ground Fault Circuit Interrupter (GFCI) Protection.
All electrical circuits supplying power tools or equipment used in connection
with Deleading Work shall be ground fault circuit
interrupter-protected.
10.
Sign in/out Log. The Deleading Contractor or other
entity carrying out a Class I Deleading Project shall ensure that each person
entering or leaving the Work Area individually completes the appropriate
entries in a sign in/out log. The sign in/out log shall include: the location
of the project; current date; printed name; signed name; Massachusetts License
number, where applicable; and the time of each entry or exiting.
(b)
Work Area
Preparation. Prior to commencing a Class I Deleading Project, the
Deleading Contractor and Deleader-supervisor shall ensure that the following
steps are taken:
1.
Restriction of
Access. Access to the Work Area shall be restricted to the Owner,
deleaders, licensed lead paint inspectors, representatives of the Director, and
any others authorized by the Director. Signs warning that Deleading Work is
being conducted shall be posted at all approaches to the Work Area. Signs shall
meet the standards set forth at
29 CFR
1926.62(m)(1) with
additional language prohibiting entrance to the Work Area by unauthorized
personnel. The Deleading Contractor and Deleader-supervisor shall use barriers
or other appropriate means to secure the Work Area.
2.
Isolation of Interior Work
Areas. Interior Work Areas shall be isolated from other areas of
the Residence by sealing all openings, including but not limited to, windows
(where they are not to be abated), doors, ventilation openings, drains, grilles
and grates with plastic sheeting with a minimum thickness of six mils and duct
tape or the equivalent. Entrances to the Work Area shall be sealed by
constructing air locks as follows: one sheet of plastic sheeting of sufficient
size to fully cover the entrance shall be taped along the upper edge of the top
of the entrance and allowed to hang freely. A second sheet of plastic of
comparable size shall be taped over the first so as to be outermost from the
Work Area with respect to the first. The second sheet shall be taped on all
four sides and slit vertically in the middle to allow a person to walk
through.
3.
Isolation
of Forced-air Systems. Forced-air systems which are exposed to the
Work Area shall be shut down, locked out and isolated to prevent lead
contamination and lead dust dispersal to spaces outside of the Work
Area.
4.
Covering/Removal of Objects. All movable objects in
the Work Area shall be removed or covered in such a manner as to ensure that
the objects are not contaminated by lead dust or other lead contaminated
materials. Objects remaining in the Work Area shall be wrapped or covered with
plastic sheeting with a minimum thickness of six mils, and shall be sealed with
duct tape or the equivalent.
5.
Covering of Floors. Except as allowed by 454 CMR
22.12(1)(b)5.a. and b., floors of rooms in the Work Area shall be covered with
two layers of plastic sheeting with a minimum thickness of six mils. The edges
of said floor coverings shall be securely taped with duct tape or its
equivalent, so as to prevent leakage.
a. Where
lead paint is to be removed from floor surfaces, the requirement for covering
of floor surfaces is exempted.
b. A
tarpaulin or another impermeable covering may be used in place of plastic
sheeting where the use of the latter would create slipping hazards,
e.g., around ladders.
6.
Installation and Use of Change
Area. A change area which is equipped with separate storage
facilities for protective work clothing, equipment, and for street clothes
shall be provided and used. The walls and floor of said clean change area shall
be covered with plastic sheeting with a minimum thickness of six mils. The
changing area shall be adjacent to the Work Area. No person shall exit the
changing area to enter the Work Area unless they are equipped in conformance
with
454 CMR
22.09. No contaminated person shall exit the
Work Area unless such person has removed their protective clothing, gloves,
boot or shoe covers, and respirator, nor shall a person in any other way cause
lead contaminants to enter a non-work area.
7.
Covering of Doors and
Windows. Where exterior lead paint removal is performed, doors and
windows on the side of the building being deleaded on the same floor where work
is taking place and all floors below, shall be closed and covered with plastic
sheeting with a minimum thickness of six mils.
8.
Covering of Plants and
Ground. The ground and all plants or shrubs in the areas where
exterior Deleading Work is performed shall be covered with a tarpaulin or
plastic sheeting with a minimum thickness of six mils. Such covering shall
cover from the side of the structure to a point at least ten feet away from the
structure or a sufficient distance to collect any and all falling paint debris,
whichever is greater. The covering shall be taped or otherwise securely
attached to the side of the structure.
(c)
Clean-up.
1.
Interior. The
Deleading Contractor and Deleader-supervisor shall ensure that the Work Area
and any other areas exposed to lead dust or lead-contaminated debris from the
Work Area are 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. The final
clean-up shall be performed by the Deleading Contractor no sooner than two
hours after the completion of active abatement and/or containment activities,
including, without limitation, all sanding and any other dust-generating
surface preparation necessary for encapsulation, repainting or sealing. At the
end of each Deleading Project the cleaning shall include, but not be limited
to:
a. Vacuuming all surfaces with a HEPA-
filtered vacuum cleaner;
b.
Disposing of all plastic sheeting and debris; and
c. Mopping or washing all surfaces with a
solution of tri-sodium phosphate or any general household detergent.
Until the conclusion of the final clean-up, the Deleading
Contractor and Deleader-supervisor shall ensure that access to the Work Area is
restricted to only those persons to whom access is allowed by 454 CMR
22.12(1)(b)1. and that all Work Area barriers required by 454 CMR 22.12(1)(b)2.
remain in place.
2.
Equipment. All
equipment used in Deleading Work shall be thoroughly cleaned with a solution of
tri-sodium phosphate or any other household detergent or vacuumed with a
HEPA-filter vacuum prior to removal from the Work Area.
3.
Clothing. All
clothing used during the Deleading Work shall be secured in leak-proof
containers prior to removal from the Work Area.
4.
Exterior. The
Work Area shall be cleaned of lead paint chips and other debris generated by
the Deleading Work at the end of each work day. Any debris shall be completely
removed and disposed of in accordance with applicable EPA and MassDEP
regulations.
(d)
Disposal.
1. All
dry, lead-contaminated materials without sharp edges shall be containerized in
double-thickness plastic bags with a minimum thickness of six mils and then
sealed, before being removed from the Work Area. Dry contaminated materials
with sharp edges shall be containerized in fiber, plastic or metal drums, or in
plastic-lined boxes, in accordance with applicable EPA, DOT and MassDEP
regulations before being removed from the Work Area. Water-saturated,
lead-contaminated materials shall be containerized in plastic or metal drums
before being removed from the Work Area.
2. Lead-contaminated soil shall be disposed
of in accordance with applicable MassDEP requirements.
(e)
Lead Dust Monitoring
Requirements. Where lead dust monitoring is required by
105 CMR
460.170: Lead Dust
Monitoring, the Deleading Contractor and Deleader-supervisor shall
ensure that the Work Area is repeatedly cleaned at the conclusion of the
Deleading Work until the lead dust clearance monitoring requirements of
105 CMR
460.170: Lead Dust Monitoring
are met.
(f)
Declaration of Performance. Following satisfaction of
the lead dust monitoring requirements of
105 CMR
460.170: Lead Dust
Monitoring, the Licensed Deleader-supervisor who carried out the work
shall submit a signed statement to the Inspector or Risk Assessor who performs
the reinspection required by
105 CMR
460.760: Reinspection and Full
Compliance. Said signed statement, which shall include the
Deleader-supervisor license number and its expiration date, the Deleading
Contractor license number and its expiration date, a description of the work
performed and a statement that the work was performed in accordance with the
applicable requirements of
454 CMR 22.00 and
105 CMR 460.000:
Lead Poisoning Prevention and Control, shall be maintained as
a record by the Deleading Contractor pursuant to
454 CMR
22.13(1)(e).
(2)
Requirements for
Moderate-risk Deleading Projects. Moderate-risk Deleading Work
shall be conducted in accordance with the requirements of 454 CMR 22.12(2) and
other applicable sections of
454 CMR 22.00 and
105 CMR 460.000:
Lead Poisoning Prevention and Control.
(a)
General
Requirements.
1.
Requirement for Prior Inspection. Persons carrying out
Moderate-risk Deleading Work shall ensure that said work has been inspected and
designated eligible for Moderate-risk Deleading by a licensed Inspector or Risk
Assessor pursuant to the relevant provisions of
105 CMR 460.000:
Lead Poisoning Prevention and Control prior to engaging in
said work.
2.
Licensing
Requirements. Except for Renovation Work carried out by Owners and
Owners' Agents, who are allowed by M.G.L. c. 111, § 197(d) to perform
Deleading Work in accordance with regulations promulgated by the Director of
CLPPP without being licensed pursuant to
454 CMR 22.00, all
Moderate-risk Deleading Work shall be carried out by Deleading Contractors or
Lead-safe Renovation Contractors. Where a Lead-safe Renovation Contractor
carries out Moderate Risk Deleading Work, said work shall be supervised and/or
performed by a Deleader Supervisor or a Lead-safe Renovator-supervisor who has
received the training specified by
454 CMR 22.03(2)
and
22.08(4)(e).
3.
Requirement for On-site
Supervisor. Persons carrying out Moderate-risk Deleading Work
shall ensure that a person who is Licensed as a Deleader-supervisor, or a
person who is Certified as a Lead-safe Renovator-supervisor and has received
the training specified by
454 CMR 22.03(2)
and
22.08(4)(e),
and who is an employee or Responsible Person of the business entity which
entered into the Moderate-risk Deleading Work, is physically present at the
Work Area and in control of all Moderate-risk Deleading Work at all times when
said Work is in progress.
4.
Requirement for Use of Licensed or Certified Workers.
All persons who perform Moderate-risk Deleading Work under the direction of a
Deleader-supervisor or a Lead-safe Renovator-supervisor shall be licensed as
Deleader-workers or certified as Lead-safe Renovator-supervisors pursuant to
454
CMR 22.05 or
22.06
and shall be employees or Responsible Persons of the business entity which
entered into the Moderate-risk Deleading Work.
5.
Restrictions on Presence of
Persons in the Work Area. Access to the Work Area shall be
restricted to the Owner, licensed deleaders, licensed Inspectors, Lead-safe
Renovator-supervisors, representatives of the Director, and any others
authorized by the Director. Signs warning that Deleading Work is being
conducted shall be posted at all approaches to the Work Area. Such signs shall
include the words "WARNING: LEAD PAINT REMOVAL HAZARD" in bold lettering not
smaller than two inches tall, with additional language prohibiting entrance to
the Work Area by unauthorized personnel. The contractor or supervisor shall use
barriers or other appropriate means as necessary to secure the Work
Area.
6.
Limitations on
Scope of Activities. Any Deleading Work, conducted as a
Moderate-risk Deleading Project, but which exceeds the scope of the work
previously designated as "Moderate-risk Deleading Work" pursuant to 454 CMR
22.12(2)(a)1. or which is undertaken by persons who are not licensed or
certified as required by 454 CMR 22.12(2)(a)2. through 4., shall be considered
unauthorized deleading under
454 CMR 22.00 and subject to
all the penalties thereof.
7.
Required Deleading Notification. No Moderate-risk
Deleading Work shall take place until notice has been given to the Department
and others, as set forth at
454 CMR
22.10.
8.
Sign In/Out Log.
The Deleading Contractor or other entity carrying out a Moderate Risk Deleading
Project shall ensure that each person entering or leaving the Work Area
individually completes the appropriate entries in a sign-in/out log. The sign
in/out log shall include: the location of the project; current date; printed
name; signed name; Massachusetts License number, where applicable; and the time
of each entry or exiting.
(b)
Work Practice
Requirements.
1.
General. Persons or entities undertaking Moderate-risk
Deleading Work shall carry out said Work in accordance with the work practices
specified at
454 CMR
22.11(9)(a) through (g), the
applicable work practices specified at
105
CMR 460.120: Removal and Making
Intact Lead-based Paint and Other Coatings, 460.130:
Containment Using Approved Coverings, 460.135:
Containment Using Encapsulants and 460.140: Removing
and Replacing Components and Fixtures, with the exception of the
practices specified at
105
CMR 460.120(C), and as
otherwise directed by the Director.
2.
Hygienic
Precautions. No person shall eat, drink, smoke, chew gum or
tobacco, or apply cosmetics in any Work Area.
3.
Worksite Cleanup
Requirements. Following the completion of Moderate-risk Deleading
Work, the Deleading Contractor, Lead-safe Renovation Contractor or other person
or entity who conducted the work shall clean the worksite of visible dust and
debris, in accordance with
454 CMR
22.11(9)(f) and
105
CMR 460.160(D):
Clean-up.
4.
Lead Dust Monitoring Requirements. Where lead dust
monitoring is required by
105 CMR
460.170: Lead Dust
Monitoring, the Deleading Contractor, Lead-safe Renovation Contractor
or other persons or entities undertaking Moderate-risk Deleading Work shall, at
the conclusion of the Work, ensure that the lead dust clearance monitoring
requirements of
105 CMR
460.170: Lead Dust Monitoring
are met.
5.
Declaration of Performance. Following satisfaction of
the lead dust monitoring requirements specified by 454 CMR 22.12(2)(b)4., the
Licensed Deleader-supervisor or Certified Lead-safe Renovator Supervisor who
carried out the work shall submit a signed statement to the Inspector or Risk
Assessor who performs the reinspection required by
105 CMR
460.760: Reinspection and Full
Compliance. Said signed statement, which shall include the license or
certification number of the Deleader-supervisor or Lead-safe
Renovator-supervisor and its expiration date, the number of the Deleading
Contractor or Lead-safe Renovation Contractor license and its expiration date,
a description of the work performed and a statement that the work was performed
in accordance with the applicable requirements of
454 CMR 22.00 and
105 CMR 460.000:
Lead Poisoning Prevention and Control, shall be maintained as
a record pursuant to
454 CMR
22.13(1)(e).
(3)
Requirements for Low-risk Deleading Projects.
(a)
Requirement for Low-risk
Designation. Persons who carry out Low-risk Deleading Work shall
ensure that said work has been inspected and designated eligible for low-risk
"Owner and Owner's Agent Abatement" by a licensed Inspector or Risk Assessor
pursuant to
105 CMR
460.175(A) and
460.750:
Notice of Results of Inspections, Risk Assessments, Reinspections,
Post-compliance Assessments and Lead Determination Enforcement Procedures
prior to engaging in such work.
(b)
Training and Certification
Requirements. Low-risk Deleading Work shall only be carried out by
persons who have completed the training specified by
105 CMR
460.175(D) and have
obtained the certificate of instruction pursuant to
105 CMR
460.175(E):
Certificate of Instruction.
(c)
Limitations on Scope of
Activities. Any abatement and/or containment activities performed
by Owners, Owners' Agents, unlicensed contractors and others that exceed the
scope of activities authorized by
105 CMR
460.175(A), or which are
undertaken by persons who have not completed all training required by M.G.L. c.
111, § 197(d) and
105 CMR
460.175(D) or obtained a
certificate of instruction pursuant to
105 CMR
460.175(E):
Certificate of Instruction, shall be considered unauthorized
deleading under
454 CMR 22.00 and subject to
all the penalties thereof.
(d)
Work Practice and Health and Safety Requirements.
Persons or entities undertaking Low-Risk Deleading Work shall conduct such work
in accordance with the work practice and health and safety requirements
specified in the applicable sections of
105 CMR 460.000:
Lead Poisoning Prevention and Control, including but not
limited to 460.105: Lead Violations: The Emergency Lead Management Plan
and Interim Control, 460.130: Containment Using Approved
Coverings, 460.140: Removing and Replacing Components and
Fixtures, 460.160: Safety Precautions and Clean-up Procedures
in Areas Undergoing Deleading and Interim Control Work, 460.170:
Lead Dust Monitoring and 460.175: Low- and
Moderate-risk Abatement and Containment and as otherwise directed by
the Director of CLPPP.