454 CMR, § 22.03 - General Requirements

(1) General Requirements for Licensure of Deleading Contractors. Except as allowed by 454 CMR 22.03(1)(a) through (c), no person, firm, corporation or other entity shall enter into, engage in or work at the business of lead abatement unless such person, firm, corporation or other entity has been duly licensed as a Deleading Contractor, in accordance with 454 CMR 22.04. For the purposes of 454 CMR 22.03(1), the phrase "engage in . . . the business of lead abatement" includes, but is not limited to, advertising Deleading services and submitting bids for work in which the majority of the contract-value of the project involves Deleading Work.

(a) Owners and Owners' Agents who perform Deleading Work in or on the property of the Owner in accordance with regulations promulgated by the Director of CLPPP pursuant to M.G.L. c. 111, § 197(d), are not required to be licensed as Deleading Contractors, provided that said persons are trained pursuant to 105 CMR 460.175(D) and have received a certificate of instruction pursuant to 105 CMR 460.175(E): Certificate of Instruction.

(b) Where the business or work includes only Moderate-risk Deleading Work, the entity carrying out the work may be licensed as a Lead-safe Renovation Contractor pursuant to 454 CMR 22.04 in lieu of being licensed as a Deleading Contractor, provided that the work is carried out or supervised by a Deleader-supervisor, or a Lead-safe Renovator-supervisor who has received the additional training specified at 454 CMR 22.08(4)(e), and the work is performed in accordance with 454 CMR 22.12(2).

(c) Contractors and other entities who perform only Low-risk Deleading Work in or on the property of the Owner in accordance with regulations promulgated by the Director of CLPPP, pursuant to M.G.L. c. 111, § 197(d), are not required to be licensed as Deleading Contractors or Lead-safe Renovation Contractors, provided that the persons carrying out said work are trained pursuant to 105 CMR 460.175(D) and have received a certificate of instruction pursuant to 105 CMR 460.175(E): Certificate of Instruction.

(2) Requirements for Licensure or Certification of Supervisors and Workers on Deleading Projects .

(a) All persons who perform the functions of Deleader-supervisors and Deleader-workers on Class I Deleading Projects shall be licensed pursuant to the procedures set forth at 454 CMR 22.05.

(b) All persons who perform the functions of supervisors on Moderate Risk Deleading Projects shall be licensed as Deleader-supervisors pursuant to 454 CMR 22.05 or Certified as Lead-safe Renovator-supervisors pursuant to 454 CMR 22.06. Lead-safe Renovator-supervisors who carry out supervisory functions or performs the work on Moderate Risk Deleading Projects shall have received training in the subjects listed at 454 CMR 22.08(4)(e) and be in possession of a current certificate of training issued by a Licensed Training Provider which includes the designation, "Lead-safe Renovator-supervisor Moderate Risk Deleading Option".

(c) All persons who carry out the functions of workers on Moderate Risk Deleading work sites shall be Licensed as Deleader-workers or Deleader-supervisors pursuant to 454 CMR 22.05 or Certified as Lead-safe Renovator-supervisors pursuant to 454 CMR 22.06.

(3) General Requirements for Licensure of Lead-safe Renovation Contractors. No person, firm, corporation or other entity shall perform, offer, or claim to perform Renovation Work in Target Housing or Child-occupied Facilities unless that person, firm, corporation or other entity has been licensed as a Lead-safe Renovation Contractor in accordance with 454 CMR 22.04, except that:

Persons, firms, corporations or other entities who carry out Renovation Work at their own property using their own regular employees or Responsible Persons need not be licensed as Lead-safe Renovation Contractors or Deleading Contractors, provided that: said person, firm, corporation or other entity is in possession of a duly executed Contractor Licensing Waiver, as specified at 454 CMR 22.04(5); that the requirements of 454 CMR 22.11(3) and (4) are met; and the work is otherwise conducted in accordance with the applicable requirements of 454 CMR 22.00.

(4) Requirements for the Use of Certified Supervisors and Trained Workers on Renovation Projects.

(a) All persons who perform the functions of supervisors on Renovation Projects shall be Certified as Lead-safe Renovator-supervisors in accordance with 454 CMR 22.06.

(b) Persons, firms or other entities who carry out Renovation Projects shall ensure that an employee or Responsible Person who is Certified as a Lead-safe Renovator-supervisor, is assigned to each Project and that said Supervisor carries out the functions set forth at 454 CMR 22.11(1)(d).

(c) Persons carrying out the functions of workers on Renovation Projects need not be licensed or certified by 454 CMR 22.00, provided that they have received the training specified at 454 CMR 22.08(4)(i).

(5) Requirement for Licensure of Providers of Deleading and Lead-safe Renovation Training. Persons who provide or work at the business of providing training required for Licensure or Certification by 454 CMR 22.00 shall be duly Licensed pursuant to 454 CMR 22.07 prior to engaging in such work, and shall otherwise comply with the requirements of 454 CMR 22.07. For the purposes of 454 CMR 22.03(5), the phrase "work at the business of providing training" includes, but is not limited to advertising Deleading or Lead-safe Renovation training services and submitting bids for work where the majority of the contract value of the project involves Deleading or Lead-safe Renovation training.

(6) Requirements for Training. All persons requiring training as a prerequisite for Licensure or Certification pursuant to 454 CMR 22.03(1) through (4), or for participation in Renovation Projects in the capacity of workers, shall be trained pursuant to 454 CMR 22.08, in their own language.

(7) Worker Protection and Medical Monitoring Requirements. The requirements of 454 CMR 22.09 shall apply to the personal protection and medical monitoring of all persons engaged in Deleading Work and Renovation Work, except Owners and Owner's Agents who conduct Deleading Work in accordance with M.G.L. c. 111, § 197(d).

(8) Notification Requirements for Deleading Projects . Persons carrying out Deleading Projects shall comply with the notification requirements of 454 CMR 22.10.

(9) Requirements for the Conduct of Renovation Work . Persons, firms, corporations or other entities who carry out Renovation Work shall ensure that the requirements of 454 CMR 22.11 for such work are met.

(10) Requirements for the Conduct of Deleading Projects . Persons, firms, corporations or other entities who carry out Deleading Projects shall ensure that the requirements of 454 CMR 22.12 for such work are met.

(a) Class I Deleading Projects. Class I Deleading Projects shall be carried out in accordance with the provisions of 454 CMR 22.12(1).

(b) Moderate-risk Deleading Projects. Moderate-risk Deleading Projects shall be carried out in accordance with the provisions of 454 CMR 22.12(2).

(c) Low-risk Deleading Projects. Low-risk Deleading Projects shall be carried out in accordance with the provisions of 454 CMR 22.12(3).

(11) Recordkeeping Requirements. Licensed Deleading Contractors, Lead-safe Renovation Contractors and Training Providers shall maintain records in accordance with the requirements of 454 CMR 22.13.

(12) Requirements Pertaining to the Use of Personnel for Renovation and Deleading Work .

(a) Persons employed or engaged to perform Deleading or Renovation Work shall only be assigned to perform those tasks or functions authorized by 454 CMR 22.00.

(b) No Responsible Person of a firm, corporation or other business entity engaged in Deleading or Renovation Work shall allow any person to work under conditions which violate any provision of 454 CMR 22.00.

(c) Persons must be 18 years of age or older to perform any Deleading or Renovation Work which results in the disturbance of painted surfaces or to receive Licensure or Certification in any Deleading or Renovation discipline pursuant to 454 CMR 22.00.

(13) Presentation of Deleading and Lead Safe Renovation Licenses and Certificates. Persons holding Deleading and Renovation Licenses and/or Certificates issued pursuant to 454 CMR 22.00 shall maintain them at the Deleading or Renovation work site and produce the same for inspection whenever requested by the Director or the Director's representative.

(14) Requirements for Compliance with Applicable Provisions of 105 CMR 460.000: Lead Poisoning Prevention and Control. Deleaders, Renovators, Training Providers, employers and other entities subject to the requirements of 454 CMR 22.00 shall also comply with the applicable provisions of 105 CMR 460.000: Lead Poisoning Prevention and Control.

(15) Administrative License and Certificate Actions. As set forth at 454 CMR 22.15, the Director may deny, suspend, revoke or refuse to renew a License or Certificate issued pursuant to 454 CMR 22.04 through 22.07, attach conditions to a License or Certificate; issue a civil penalty pursuant to 454 CMR 29.00: Civil Administrative Penalties or take other administrative actions against a License or Certificate holder for sufficient cause.

Notes

454 CMR, § 22.03

Amended by Mass Register Issue 1264, eff. 7/4/2014. Amended by Mass Register Issue 1330, eff. 1/13/2017.