105 CMR, § 460.760 - Reinspection and Full Compliance

(A) Reoccupancy Reinspection. Occupants of a dwelling unit or residential premises undergoing deleading may not resume occupancy until the dwelling unit successfully meets the conditions of a reoccupancy reinspection. All lead inspectors shall conduct reoccupancy reinspections and if applicable, all subsequent reinspections, using a copy of the initial inspection report. The conditions of a reoccupancy inspection are as follows:

(1) The reoccupancy reinspection should be conducted as soon as possible following the last final clean-up pursuant to 105 CMR 460.160(D)(1). No other interior dwelling unit abatement or containment activities may occur following a reoccupancy reinspection, with the exception of certain low-risk abatement and/or containment activities, as set out in 105 CMR 460.175(A).

(2) All replacement, abated or contained doors must be in place at the time of the reoccupancy reinspection.

(3) Surfaces from which lead-based paint, other coating, plaster or putty has been completely removed, and new replacement surfaces, cannot have been painted or received a sealant coating equivalent to paint at the time of the reinspection unless:

(a) in the case of surfaces from which lead paint has been removed, the surface was previously inspected and approved while the substrate was bare; or

(b) in the case of new replacement surfaces which have been refinished or abated surfaces which have been repainted, the surface is retested by a lead inspector, and if determined to contain dangerous levels of lead, the surface is abated or contained.

(4) The lead inspector shall visually examine every interior surface previously found to be a lead hazard, to ascertain the following:

(a) Surfaces that have been abated have either been removed or the paint, other coating, plaster or putty on the surfaces has been completely removed to bare substrate. The lead inspector shall also ensure that all abated surfaces have been finish-sanded or prepared to be repainted or to receive a comparable coating.

(b) No film or visible dust is present on any surface from which lead-based paint, other coating, plaster or putty was removed.

(c) Surfaces that have been prepared for containment or encapsulation have been properly prepared. The lead inspector shall examine all surfaces that were first made intact by an authorized person.

(d) All surfaces contained with approved coverings have been contained in a workmanlike manner.

(5) Interior surfaces previously not found to be a lead hazard, but in room(s) in which deleading has occurred and adjacent areas, shall be visually inspected to ensure that no dust is present.

(6) Dust samples must be taken at the time of the reoccupancy reinspection, and the dust monitoring standards of 105 CMR 460.170 must be met before reoccupancy or initiation of a new occupancy may occur. The lead inspector shall wait at least one hour following the last final clean-up required by 105 CMR 460.160(D)(1) before taking dust samples.

(7) In those cases in which all lead hazards (including exterior, if applicable) are satisfactorily abated and/or contained at the time of the reoccupancy reinspection, this inspection shall constitute a deleading reinspection.

(B) Deleading Reinspection. The lead inspector shall determine if all relevant surfaces have been fully and properly encapsulated or contained with approved coverings, all interior or exterior surfaces that were abated using chemical strippers were first reinspected and met the conditions of 105 CMR 460.760(A)(4)(a) and (b) and since have been repainted, all exterior violations were satisfactorily abated or contained, and that all such work was performed in a workmanlike manner. In all cases in which there had been no preceding reoccupancy reinspection, the dust lead monitoring requirements of 105 CMR 460.760(A)(6) must be met.

(C) Court Appearance, Safety Check and Other Reinspections. Code enforcement inspectors shall make reinspections of dwelling units and residential premises found in violation of 105 CMR 460.000 as necessary for show cause and other court hearings, checks on deleading safety, and other related purposes as necessary.

(D) Full Compliance. In order for a Letter of Full Deleading Compliance to be issued, all lead hazards cited by the lead inspector must be corrected, and the documentation requirements of 105 CMR 460.760(D)(1) must be met. A Letter of Full Deleading Compliance must be issued in order for the owner to be eligible for the full amount of the state income tax credit, and/or the deleading loan program authorized under the Department of Housing and Community Development.

(1) Requirements.

(a) Documented use of lead inspectors is required to obtain a Letter of Full Compliance. If abatement or containment work was required, documentation of work by an authorized person is also required to obtain a Letter of Full Deleading Compliance.

1. Documentation of authorized inspection and reinspection shall consist of initial inspection reports and all reinspection reports completed by lead inspectors.

2. Documentation of authorized abatement and containment work by an authorized person shall consist of an invoice, on a form approved by the Director, bearing the professional letterhead of a licensed deleader, or authorized persons with his or her license or certification number, including a signed statement that the authorized person has performed all work in compliance with 454 CMR 22.00: Deleading and Lead-safe Renovation Regulations and 105 CMR 460.000. For authorized owner's and owner's agents, documentation of authorized abatement and containment work shall be made on a form approved by the Director.

(2) Letters of Full Compliance.

(a) A Letter of Full Initial Inspection Compliance shall be fully completed, signed and issued by a lead inspector, on a form approved by the Director, when he or she determines that a dwelling unit and common areas are in compliance with M.G.L. c. 111, § 197(c) and 105 CMR 460.000 upon initial inspection.

(b) A Letter of Full Deleading Compliance shall be fully completed, signed and issued by a lead inspector, on a form approved by the Director, when he or she determines that a dwelling unit and common areas are in compliance with M.G.L. c. 111, § 197(c) and the conditions of 105 CMR 460.000 and 454 CMR 22.00: Deleading and Lead-safe Renovation Regulations have been met.

(E) Post-compliance Maintenance and Monitoring. An owner of a dwelling unit and related common areas that has been issued a Letter of Full Compliance and in which a child younger than six years old resides shall take reasonable care to make sure that the standards of the Letter of Full Compliance are maintained. The owner shall take reasonable care to promptly correct any failure of measures taken to achieve full compliance, or address any new lead violations, in accordance with safety procedures set out in policies and protocols approved by the Director and distributed to the owner with the Letter of Full Compliance. Owners hiring contractors to maintain their property or owners doing their own maintenance work on their rental property must be sure to follow the requirements set forth in 454 CMR 22.00: Deleading and Lead-safe Renovation Regulations for safe renovation and repair work.

(1) Documenting a Post-compliance Assessment by a Lead Inspector in Which No Lead Hazards Are Found. If a lead inspector performs a post-compliance assessment and determines that the dwelling unit and related common areas remain in compliance with M.G.L. c. 111, § 197(c) and 105 CMR 460.000, the lead inspector shall fully complete, sign and issue a Certification of Maintained Compliance. This Certification, on a form approved by the Director, shall be an addendum to the previously issued Letter of Full Compliance.

(2) Documenting a Post-compliance Assessment by a Lead Inspector in Which Lead Hazards Are Found.

(a) The owner shall have 30 days from the date of a lead inspector's or risk assessor's post-compliance assessment, to complete the repair and clean up the unit to the standards required by the Letter of Full Compliance. In cases in which a code enforcement lead inspector or lead determination inspector is involved, the owner shall have 30 days from receipt of an Order to Repair Post-compliance Violations, or any immediately preceding Order to Correct Violation(s) to complete the repair and clean up the unit to the standards required by the Letter of Full Compliance. The repair may be performed by the owner or any other person 18 years of age or older during this period as maintenance, in accordance with safety procedures set out in policies and protocols approved by the Director and distributed to the owner with the Letter of Full Compliance as well as 454 CMR 22.00: Deleading and Lead-safe Renovation Regulations. If the lead inspector reinspects and confirms that the owner has completed this work and cleanup, and has met the dust lead standards of 105 CMR 460.170(B) within 30 days, the lead inspector shall issue a Certification of Maintained Compliance. The Letter of Full Compliance remains valid for this period. It is the owner's responsibility to make sure a lead inspector returns to document that the standards of the Letter of Full Compliance have been maintained within this 30-day period. If such an owner fails to have the lead inspector return to document that the standards of the Letter of Full Compliance have been maintained within this time period, the Letter of Full Compliance is no longer valid.

(b) If the owner has not completed the repair and cleanup work necessary to maintain the standards of the Letter of Full Compliance in accordance with 105 CMR 460.760(E)(2)(a), all lead hazards cited by the lead inspector must be corrected by authorized persons, and the reinspection and documentation requirements of 105 CMR 460.760 must be met. Once a lead inspector returns and determines that all lead hazards have been corrected by authorized persons in accordance with 105 CMR 460.000, and the reinspection and documentation requirements of 105 CMR 460.760 have been met, the lead inspector shall issue the owner a Certification of Restored Compliance. A Certification of Restored Compliance shall be fully completed, signed and issued by a lead inspector, on a form approved by the Director, when he or she determines that a dwelling unit and common areas are again in compliance with M.G.L. c. 111, § 197(c), and all the conditions of 105 CMR 460.000 and 454 CMR 22.00: Deleading and Lead-safe Renovation Regulations in achieving compliance have been met. This document shall be an addendum to the previously issued Letter of Full Compliance.

(c) A post-compliance assessment shall be performed by a State Program lead inspector, or may be performed by any code enforcement lead inspector authorized to perform lead inspections in the homes of lead-poisoned children, in any dwelling unit with a Letter of Full Compliance in which resides a child who has been identified as being lead poisoned. Upon request, a post-compliance assessment shall be performed by such a code enforcement lead inspector in any dwelling unit in which resides a child who has been identified as having a blood lead level of concern in accordance with M.G.L. c. 111, § 197C(a) and 105 CMR 460.020. When lead violations are found in such units, the code enforcement lead inspector shall issue the owner an Order to Correct Violation(s), pursuant to 105 CMR 460.750(B)(2).

Notes

105 CMR, § 460.760

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