(1)
Deleading Projects Carried out by Deleading Contractors, Including
Moderate Risk Deleading Projects Carried out by Lead-safe Renovation
Contractors. Deleading Contractors and Lead-safe Renovation
Contractors shall maintain the records listed at 454 CMR 22.13(1)(a) through
(e), and shall present such records to the Director, or his or her
representative, upon request. Records required to be kept by 454 CMR
22.13(1)(a) through (c) shall be kept on-site. All other records required to be
kept by 454 CMR 22.13(1) shall be kept at the principal place of business of
the Deleading Contractor or Lead-safe Renovation Contractor. Deleading
Contractors and Lead-safe Renovation Contractors whose principal place of
business is outside the Commonwealth shall present the records listed at 454
CMR 22.13(1)(d) and (e), or notarized copies of the same, within five business
days of the Director's request.
(a) Copies of
all Deleading and Lead-safe Renovation Licenses required to be held by said
contractor and members of his or her workforce.
(b) Copies of Training Certificates for all
members of his or her deleading workforce. Where a Lead-safe Renovation
Contractor carries out Moderate Risk Deleading Work, as allowed by
454 CMR
22.03(2)(b), the Training
Certificates maintained shall include a Training Certificate for the supervisor
who supervised each such Moderate Risk Deleading Project, which shall indicate
that each such supervisor was trained as a Deleader-supervisor, as specified by
454 CMR 22.08(4)(c) and
(f), as applicable, or as Lead-safe
Renovator-supervisor Moderate Risk Deleading Option, as specified by
454 CMR 22.08(e) and
(f), as applicable.
(c) The sign in/out logs required by
454
CMR 22.12(1)(a)10. and
(2)(a)8., as applicable.
(d) Copies
of all medical documents required by
454 CMR
22.09 or
29 CFR
1926.62, including physicians' statements,
the results of all physical examinations, blood lead level and respirator fit
tests and any other medical documentation required by
29 CFR
1926.62.
(e) Copies of all notification forms as
required by
454 CMR
22.10, results of tape tests, patch tests,
and all personal and environmental air and dust wipe monitoring, all
declarations of performance required by
454
CMR 22.12(1)(f) and
(2)(b)5., and a list of the names of all
deleaders or renovators who were involved in each operation.
(2)
Renovation
Projects Carried out by Lead-safe Renovation Contractors.
Lead-safe Renovation Contractors carrying out Renovation Projects shall
maintain the records listed at 454 CMR 22.13(2) and shall present such records
to the Director, or his or her representative, upon request. Records required
to be maintained by 454 CMR 22.13(2)(a) through (c) shall be kept on-site. All
other records required to be kept by 454 CMR 22.13(2) shall be kept at the
principal place of business of the Lead-safe Renovation Contractor. Lead-safe
Renovation Contractors whose principal place of business is outside the
Commonwealth shall present the records listed at 454 CMR 22.13(2)(d) and (e),
or notarized copies of the same, to the Department, within five business days
of the Director's request.
(a) Copies of all
Licenses required to be held by said Lead-safe Renovation Contractors and
Deleading Contractors, Deleader-supervisors and Deleader Workers carrying out
Renovation Work.
(b) Copies of all
Certifications (training certificates) required to be held by Lead-safe
Renovator-supervisors carrying out Renovation Work.
(c) Records related to lead paint testing.
Records shall include, where applicable:
1.
All applicable reports of lead testing conducted by Lead Paint Inspectors or
Risk Assessors licensed pursuant to
105 CMR 460.000:
Lead Poisoning Prevention and Control, including all
certifications that lead-based paint is not present on the components affected
by the Renovation Work, as referenced at
454 CMR
22.11(1)(a).
2. All results of lead testing conducted by
the Certified Lead Safe Renovator-supervisor assigned to the project who has
used a Recognized Test Kit to determine the presence of lead-based paint or
paint debris in or on components that would be disturbed by the Renovation
Work, as referenced at
454 CMR
22.11(1)(b). When test kits
are used, the Lead-safe Renovation Contractor must, within 30 days of the
completion of the renovation, provide information identifying the manufacturer
and model of the test kits used, a description of the components that were
tested including their locations, and the test kit results to the person who
contracted for the renovation, and the property owner.
3. Copies of records regarding any collection
of paint chip samples, including a description of the components that were
tested, including their locations, the name and address of the NLLAP recognized
entity performing the analysis, and the results of each sample [ref
40 CFR
745.86(b)(1)(iii)
].
(d) Records relating
to compliance with the lead hazard information distribution requirements
specified by
454 CMR
22.11(8) and
40 CFR
745.84, including the applicable records
required to be kept by
40 CFR
745.86(b)(2) through
745.86(b)(5).
(e)
Records Relating to
Compliance with Work Practices.
1. A written certification that a Lead-safe
Renovator-supervisor was assigned to the Project, provided oversight for the
work and, where applicable, performed the post-renovation cleaning verification
specified by
454 CMR
22.11(9)(h)1. and
454 CMR 22.91:
Appendix 1. This documentation shall include a copy of the
training certificate of the Lead-safe Renovator-supervisor.
2. A written certification by the Lead-safe
Renovator-supervisor assigned to the Project that includes the elements
specified at
40 CFR
745.86(b)(6).
3. If dust clearance sampling is performed in
lieu of cleaning verification as permitted by
454 CMR
22.11(9)(h)2., the Lead-safe
Renovation Contractor must retain said results as a record and provide, within
30 days of the completion of the Renovation, a copy of the dust sampling report
to the person who contracted for the Renovation, and the property
owner.
(3)
Licensed Providers of Deleading and Lead-Safe Renovation
Training. Licensed Training Providers shall establish and maintain
the records required by
454
CMR 22.07(6)(c) and shall
make such records and documents available to the Director upon request.
Licensed Training Providers whose principal place of business is outside
Massachusetts shall provide notarized photocopies of such records within ten
business days of receipt of a written request from the Director.
(4)
Record
Retention. Records and documents required by 454 CMR 22.13 shall
be retained for a period of three years, unless a longer period of time is
required by any other federal or state agency. Entities or persons ceasing to
do business shall so notify the Director in writing within 30 calendar days of
such event. The Director, on receipt of such notification, may instruct that
the records be surrendered to the Department, or may specify a repository for
such records.
