105 CMR, § 460.175 - Low- and Moderate-risk Abatement and Containment

(A)

(1) Following inspection of a premises by a lead inspector, the following low-risk abatement and/or containment activities may be performed on the owner's property by authorized persons:

(a) Applying encapsulants over suitable surfaces;

(b) Removing doors, cabinet doors, windows on hinges (such as wooden storms) and shutters by disengaging hinge pins or removing hinges;

(c) Covering surfaces with approved coverings;

(d) Capping baseboards; and

(e) Removing cabinet drawers and shelves which are not glued, nailed or otherwise affixed to supports.

(2) Most low-risk abatement and containment activities may be performed before non-low-risk abatement work begins, or after such work is complete, including final clean-up. Replacement of doors must be completed before reoccupancy reinspection. Surfaces identified with loose lead-based paint, other coating, plaster or putty at initial inspection that will be contained with approved coverings must either be:

(a) completely covered prior to reoccupancy reinspection; or

(b) made intact by an authorized person prior to reoccupancy reinspection, in which case covering may occur after reoccupancy reinspection.

(3) Encapsulants may be applied only after a reoccupancy reinspection, or, if only low-risk abatement and containment activities will be performed, after all other low-risk abatement and containment work is completed.

(B)

(1) Following inspection of a premises by a lead inspector, the following moderate-risk abatement activities may be performed by authorized persons:

(a) Removing surfaces containing dangerous levels of lead, with the exception of walls and ceilings, and provided such removal is not accomplished by demolition.

(b) Making small amounts of loose lead-based paint, other coating, plaster or putty intact, as defined in the following manner:

1. Interior Rooms, Hallways or Common Areas. Making intact up to two square feet, but no more, of loose lead-based paint, other coating, plaster or putty on surfaces that are not moveable impact surfaces per room, hallway or common area. Any small areas of loose lead-based paint, other coating, plaster or putty on such eligible surfaces, which the inspector has not ruled out as being of greater dimension than two square feet, in accordance with 105 CMR 460.730(C), must be measured by the authorized person who wishes to make these areas intact. Such measurements shall be taken in accordance with the procedure set out in instructional materials approved by the Director.

2. Exterior of Residential Premises, Including Any Other Structures Within the Same Lot Line. Making intact up to 20 square feet, but no more, of exterior loose lead-based paint, other coating, plaster or putty on surfaces that are not moveable impact surfaces. Any areas of loose lead-based paint, other coating, plaster or putty on such eligible surfaces, which the inspector has not ruled out as being of greater dimension than 20 square feet, in accordance with 105 CMR 460.730(C), must be measured by the authorized person who wishes to make these areas intact. Such measurements shall be taken in accordance with the procedure set out in instructional materials approved by the Director.

(2) Timing. While a deleader is performing work, no one other than those authorized by 454 CMR 22.12(2)(a)5.: Restriction of Access shall be permitted on the worksite until the deleader completes final clean-up in accordance with 105 CMR 460.160(D)(1), except as permitted in policies approved by the Director or the Department of Standards.

(C) Licensed deleaders must perform all abatement and containment activities not listed in 105 CMR 460.175(A) or (B).

(D) All authorized persons who will be performing low- or moderate-risk abatement and/or containment activities, shall do such work in compliance with the provisions of 105 CMR 460.000, shall undergo training, and in the case of owners and owners' agents, take a course of instruction. The Director shall establish and revise as necessary the respective content and requirements for the following: low-risk abatement and/or containment instruction for owners and owners' agents; encapsulation instruction for owners, owners' agents, authorized persons and deleaders who did not receive encapsulation training as part of their deleader training; and moderate-risk abatement instruction for owners and owners' agents. All required instruction for owners and owners' agents shall include passing an examination issued or approved by the State Program. Deleaders and authorized persons must be trained and licensed pursuant to, and adhere to the additional requirements of, 454 CMR 22.00: Deleading and Lead-safe Renovation Regulations.

(E) Authorization to Perform Low-and-moderate-risk Abatement or Containment. An owner or owner's agent must submit to the State Program proof that he or she has successfully completed the instruction required by the Director pursuant to 105 CMR 460.175(D), and in the case of an owner's agent, has attained 18 years of age. The State Program shall then issue an authorization to the owner or owner's agent documenting that he or she has met these requirements and is thereby authorized to perform low- and/or moderate-risk abatement or containment, as applicable.

(F) Any abatement and/or containment activities performed by an authorized owner and/or owner's agent that exceed the scope of activities he or she is authorized to perform by 105 CMR 460.175, or which are undertaken by an owner and/or owner's agent who has not been authorized as required by 105 CMR 460.175(E), shall be considered unauthorized deleading under 454 CMR 22.00: Deleading and Lead-safe Renovation Regulations and 105 CMR 460.000 and subject to all the penalties thereof. Any abatement and/or containment activities performed by a licensed authorized person that exceed the scope of activities authorized by 105 CMR 460.175 and 454 CMR 22.00, or which are undertaken by a renovator who is not licensed to perform moderate risk deleading, shall be considered unauthorized deleading under 454 CMR 22.00 and 105 CMR 460.000 and subject to all the penalties thereof.

Notes

105 CMR, § 460.175

Amended by Mass Register Issue 1353, eff. 12/1/2017.