Compliance with 105 CMR 460.000 must begin with a lead
inspection in all circumstances in which a Letter of Full Compliance is the
goal, or with a risk assessment, whenever a Letter of Interim Control is the
goal. There may be reasons for having a lead inspection or risk assessment
performed other than to initiate the compliance process, such as for
informational purposes. This is the case when a prospective purchaser exercises
his or her right to have an inspection performed at the time of property
transfer. Having an inspection performed does not in itself trigger any
obligation to achieve compliance. Lead inspectors and risk assessors shall
follow procedures outlined in inspector training and refresher training and in
policies and procedures as determined by the Director, including:
(A) Providing pre-inspection information to
the owner;
(B) Identifying surfaces
covered with paint, other coating, plaster or putty;
(C) Testing surfaces with loose paint, other
coating, plaster or putty at any height. If the surface is inaccessible to the
inspector, it is the owner's responsibility to either provide, in the presence
of the inspector, a sample of the paint, other coating, plaster or putty, or
bring the surface in question into compliance with the requirements of
105
CMR
460.110. Inspectors must also indicate if
loose surfaces are eligible to be made intact under
105 CMR
460.175(B)(1)(b) or for
encapsulation in accordance with
105 CMR
460.135(A).
(D) Testing moveable impact surfaces,
accessible mouthable surfaces, and friction surfaces.
(E) Discovering of evidence of unauthorized
deleading. Inspectors shall be observant for evidence of unauthorized deleading
while conducting initial inspections, the lead determination enforcement
procedure, lead determinations, reinspections or post-compliance assessments.
Consult policies and inspector training materials approved by the Director for
evidence to be considered. Upon discovery of such evidence, the inspector shall
take the following basic steps, as well as follow the requirements of policies
and educational materials issued by the Director:
(1) Refuse to issue any Letter of Compliance
or a Certification of Maintained Compliance or Restored Compliance.
(2) Attempt to find out if there are any lead
inspection reports, deleaders' invoices or letters of compliance for the
property.
(3) Report evidence of
unauthorized deleading to the State Program for investigation.
(4) Complete the lead inspection report form,
reinspection report form or post-compliance assessment report form, as
applicable, and record signs of unauthorized deleading.
