105 Mass. Reg. 460.020
Terms shall have the meanings set forth in 105 CMR 460.020 when used in 105 CMR 460.000, unless the context or subject matter clearly requires a different interpretation.
Abatement means the removal of paint, plaster or other accessible structural material containing dangerous levels of lead or the replacement of the architectural fixture or element containing paint or other accessible structural material containing dangerous levels of lead.
Accessible, Mouthable Surfaces mean windowsills five feet or less from the floor, stair tread, or ground; handrails; and railing caps.
Approved Coverings mean rigid or flexible materials approved by the Director to cover surfaces to contain lead hazards. Approved Coverings include, but are not limited to, wood, sheet metal, vinyl, Plexiglass, rubber mats, durable carpet, vinyl-backed wallpaper, laminate, linoleum, gypsum board, Sheetrock, blueboard, acrylic sheets, paneling, and tile.
A.S.T.M. means American Society for Testing and Materials.
A.S.T.M. Standard Method C 738 means the Standard Method of Test for Lead and Cadmium Extracted from Glazed Ceramic Surfaces.
A.S.T.M. Standard Method E 1796-03 means the Standard Guide for Selection and Use of Liquid Coating Encapsulation Products for Leaded Paint in Buildings as published by A.S.T.M.
A.S.T.M. Standard Method E 1797 means the Standard Specification for Reinforced Liquid Coating Encapsulation Products for Leaded Paint in Buildings as published by A.S.T.M.
A.S.T.M. Standard Method E 1975-04 means the Standard Specification for Non-reinforced Liquid Coating Encapsulation Products for Leaded Paint in Buildings as published by A.S.T.M.
Authorized Person means a person who may legally perform an abatement or containment activity for which he or she has received the required training or course of instruction and, as necessary, a license, all in accordance with the requirements of 105 CMR 460.000, 454 CMR 22.00: Deleading and Lead-safe Renovation Regulations and the training materials approved by the Director.
Blood Lead Level of Concern means a concentration of lead in whole venous blood from 5 to less than 10 micrograms per deciliter in a child younger than six years old. Blood Lead Level of Concern shall be used for surveillance and outreach for children at risk of lead poisoning.
Code Enforcement Agency means the State Lead Poisoning Prevention Program or its agent, or the local board of health or other agency responsible for enforcing the State Sanitary Code or sections thereof, adopted pursuant to M.G.L. c. 111, § 127A, and responsible, pursuant to M.G.L. c. 111, § 198, for enforcing M.G.L. c. 111, §§ 194, 194A, 196 and 197.
Commissioner means the Commissioner of Public Health appointed pursuant to M.G.L. c. 17, § 2.
Common Area means a hallway, stairway, passageway, or other interior or exterior space shared by occupants of a multi-unit residential premises. Common areas do not include rooms or spaces to which a child has no possible access, as determined in accordance with policies and inspector training materials approved by the Director.
Containment means the encapsulation, covering or enclosing by means authorized by the Director, of paint, plaster or other accessible structural material containing dangerous levels of lead.
Dangerous Levels of Lead means the level of lead in paint, other coating, plaster or putty which materially endangers the health of children or adults by producing a substantial and serious danger of lead poisoning.
Deleading Technology Task Force means the Task Force established by the Director pursuant to M.G.L. c. 111, § 192A to review, evaluate and recommend new methods to abate or contain paint or other accessible structural materials containing a dangerous level of lead.
Demolition means removing an architectural component or fixture by destruction, as distinguished from removing the component piece by piece.
Director means the Director of the Childhood Lead Poisoning Prevention Program in the Department of Public Health.
Dwelling Unit means the room or group of rooms within a residential premises used or intended for use by one individual, family or household for living, sleeping, cooking and eating. Dwelling Unit includes a condominium.
Emergency Lead Management Plan means the entire interim control regulatory process, set forth at 105 CMR 460.105, beginning with risk assessment and extending through issuance of a Letter of Interim Control, monitoring and maintenance, recertification and repair and revocation, under which urgent lead hazards are addressed, in accordance with M.G.L. c. 111, § 197(b) and 105 CMR 460.105, until achieving full compliance with M.G.L. c. 111, § 197(c) and 105 CMR 460.110.
Encapsulant means a coating product applied in liquid form, with or without a structural reinforcement, that is formulated to be a long-lasting and resilient covering that forms an effective barrier over paint or other coatings containing a dangerous level of lead.
Friction Surfaces mean doors, door jambs, and stair treads.
Full Compliance means the abatement and/or containment of paint, plaster or other accessible structural material containing dangerous levels of lead in compliance with M.G.L. c. 111, § 197(c) and 105 CMR 460.110 and 460.760.
HEPA Filter Vacuum Cleane r means a vacuum cleaner equipped with a high efficiency particulate air (HEPA) filter capable of filtering out particles of 0.3 microns or greater diameter from a body of air at 99.97% efficiency or greater. Vacuum cleaners equipped with filters capable of filtering out particles of less than 0.3 microns diameter at 99.97% efficiency or greater may be substituted for HEPA filter vacuums.
Inspector, Code Enforcement means any lead inspector who is an employee or agent of a local code enforcement agency or the State Program.
Inspector, Code Enforcement Lead Determination means an employee or agent of a code enforcement agency who has completed a specialized code enforcement lead determination inspector training program and field apprenticeship as prescribed by the Director. Code enforcement lead determination inspectors are licensed to perform the lead determination enforcement procedure in accordance with 105 CMR 460.700(B), and to perform lead dust monitoring in accordance with 105 CMR 460.170, but they may not perform full lead inspections, issue letters of compliance or carry out other activities of a lead inspector.
Inspector, Private means any lead inspector other than a code enforcement inspector.
Intact means that paint, other coating, plaster or putty on a surface is not loose.
Interim Control Period means the time period beginning with the issuance of a Letter of Interim Control for a particular dwelling unit or residential premises, and ending with the achievement of full compliance no later than two years from the date of the issuance of the Letter of Interim Control.
Interim Controls means all the temporary measures required by the risk assessment to be taken for a particular dwelling unit or residential premises to address urgent lead hazards until full compliance is achieved, in accordance with M.G.L. c. 111, § 197(b) and 105 CMR 460.105.
Lead-based means putties, paints, plaster, glazes and other surface coatings that contain a dangerous level of lead.
Lead Determination means a lead inspector's detection of the presence or absence of dangerous levels of lead on one or more selected surfaces in a dwelling unit or residential premises, but not on all surfaces which would require testing for a full lead inspection. See105 CMR 460.400(C).
Lead Determination Enforcement Procedure means the procedure under which a code enforcement lead inspector, or a code enforcement lead determination inspector may issue an Order to Correct Violation(s) if one or more lead determinations identifying lead violations are made when testing a minimum of five surfaces, pursuant to 105 CMR 460.700.
Lead Hazard means a surface with dangerous levels of lead that meets the definition of Loose, Accessible, Mouthable Surfaces, Moveable, Impact Surfaces, or Friction Surfaces.
Lead Inspection means the procedure used by lead inspectors for testing all applicable residential surfaces for dangerous levels of lead, using either an X-ray fluorescence analyzer and/or a 6% to 8% solution of sodium sulfide, in accordance with the requirements of 105 CMR 460.000 and policies and training materials approved by the Director.
Lead Inspector means a person trained and licensed to perform lead inspections and all associated responsibilities in accordance with 105 CMR 460.400, as well as policies and training materials approved by the Director.
Lead Poisoning means a medical condition present in a child younger than six years old in which the child has a concentration of lead in whole venous blood of ten micrograms per deciliter or greater.
Lead Violation means a surface that meets the definition of Lead Hazard in a residential premises of a child younger than six years old.
Letter of Full Compliance means a written statement, signed, dated and issued by a lead inspector certifying that as long as there continues to be no loose lead-based paint, other coating, plaster or putty and as long as coverings forming an effective barrier over lead-based paint, other coating, plaster or putty remain in place, a dwelling unit and common areas are:
CMR 460.000; or
105 CMR 460.000 and 454 CMR 22.00: Deleading and Lead-safe Renovation Regulations.
Letter of Interim Control means a written statement, signed, dated and issued by a risk assessor, certifying that a dwelling unit and common areas are determined to be in compliance with for the limited time allowed, by M.G.L. c. 111, § 197(b) and 105 CMR 460.000, as long as the conditions of 105 CMR 460.105 continue to be met.
Loose means that paint, other coating, plaster or putty on a surface is peeling, flaking, chipping, crumbling, cracking, deteriorated or damaged in any manner.
Low-risk Abatement and/or Containment means the work allowed by 105 CMR 460.175(A) to be performed by authorized persons, provided such activities are performed in compliance with the requirements of 105 CMR 460.000, and 454 CMR 22.00: Deleading and Lead-safe Renovation Regulations.
Managing Agent means the person or entity designated by the owner of a residential premises or dwelling unit to whom rent is to be paid regularly.
Moderate-risk Abatement means the work allowed by 105 CMR 460.175(B) to be performed by authorized persons, as long as such activities are performed in compliance with the requirements of 105 CMR 460.000 and 454 CMR 22.00: Deleading and Lead-safe Renovation Regulations.
Moveable, Impact Surfaces means surfaces on windows with sills five feet or less from the floor, stair tread or ground, that either move or come in contact with window surfaces that move, and include, but are not limited to, window sashes, wells, parting beads, stops and windowsills.
Owner means any person who alone or jointly or severally with others:
Owner's Agent means a person who is 18 years of age or older working as an owner's employee, property manager, or other person performing the following types of activities:
An owner's agent does not include a contractor hired by the owner for the purpose of performing moderate-risk abatement activities. Contractors must be licensed in accordance with 454 CMR 22.00: Deleading and Lead-safe Renovation Regulations, and perform moderate-risk abatement activities in accordance with 105 CMR 460.000 and 454 CMR 22.00.
Post-compliance Assessment means the procedure used by lead inspectors, pursuant to 105 CMR 460.735, to determine whether a dwelling unit and common areas for which a Letter of Full Compliance or Letter of Interim Control has been issued, remains in compliance with the standards of that letter.
Prospective Tenant(s) means the person(s) who is about to enter into a written or oral agreement with an owner to rent, for the first time, a particular dwelling unit or residential premises.
Relocated means that the occupants of a dwelling unit have temporarily moved out of the unit only for the duration of certain abatement activities in the unit, as required by 105 CMR 460.160(A). Relocated occupants will return to the unit upon the determination of a lead inspector or risk assessor that the unit meets the conditions for reoccupancy pursuant to 105 CMR 460.760(A).
Residential Premises or Residential Property means every building or shelter constructed prior to 1978, used or intended for human habitation, including exterior surfaces and all common areas thereof, and all other property, including other structures located within the same lot line whose existence causes or is likely to affect noncompliance with the provisions of 105 CMR 460.000. Residential premises are comprised of one or more dwelling units.
Risk Assessment means the procedure for determining and reporting the existence, extent and location of urgent lead hazards in residential premises or dwelling units, and prescribing required measures to be taken for proper interim control. A risk assessment shall include a lead inspection; identification of urgent lead hazards; when appropriate, dust sampling; provision of a risk assessment report detailing the results of the risk assessment, and development of measures for correcting urgent lead hazards in the unit.
Risk Assessor means any lead inspector who has met the conditions specified in 105 CMR 460.400 and is licensed as a risk assessor to conduct risk assessments.
Rooming House means every dwelling or part thereof that contains one or more rooming units in which space is let or sublet for compensation by the owner or operator to four or more persons not within the second degree of kindred to the person compensated.
Rooming Unit means the room or group of rooms let to an individual or household for use as living and sleeping quarters. Boarding houses, hotels, inns, lodging houses, dormitories and other similar dwelling places shall be included under Rooming House.
State Laboratory for Lead and Lead Poisoning Detection means the laboratory established by the Commissioner pursuant to M.G.L. c. 111, § 195, for the purpose of analyzing blood specimens from children for the presence of lead; and analyzing samples of paint, plaster, and other materials, within the laboratory or on site with mobile units, for dangerous levels of lead.
State Program means the Childhood Lead Poisoning Prevention Program established by the Department of Public Health pursuant to M.G.L. c. 111, § 190.
State Register of Historic Places means the list of historic and archaeological properties of the Commonwealth, as defined in M.G.L. c. 9, § 26C.
State Sanitary Code means the regulations adopted by the Department of Public Health pursuant to M.G.L. c. 111, § 127A.
Structural Defects means leaks, deteriorations or ruptures in structural components that permit the entry of water that causes the deterioration of lead paint, plaster or putty, or dry rot or insect damage that causes the deterioration of lead paint, plaster or putty. These include, but are not limited to, roof, soffit, plumbing, flashing and gutter leaks.
Structural Repairs means measures taken to correct structural defects that result in substrate and/or moisture problems that cause or contribute to the creation of urgent lead hazards including, but not limited to, roof repairs, plumbing repairs and repairs to flashing and gutters. Structural repairs also includes repairs to return windows to operable condition, but does not include abating or containing lead hazards on any window surface.
Surface means a wall, ceiling, floor or any architectural component or fixture on the interior or exterior of a dwelling unit or residential premises or on other structures within the lot line of a residential premises.
Training Provider means an entity certified pursuant to 105 CMR 460.410 to provide training for persons to become lead inspectors and risk assessors, and to provide the course of instruction to owners and owner's agents to become authorized to perform moderate-risk abatement.
Urgent Lead Hazards means loose paint, plaster or putty containing dangerous levels of lead; conditions requiring safeguards under 105 CMR 460.105(A)(3); dust with lead levels in excess of acceptable standards under 105 CMR 460.170, and structural defects.
Work Area means a room or interior or exterior common area within which abatement or containment or interim control work is taking place. When a door, door casing, doorjamb or threshold is being abated or contained, the work area shall include the adjoining room or hallway on each side of the door. When a common area hallway is being abated or contained, the work area shall include all the contiguous space of the hallway on that floor or at a maximum, ten feet in either direction beyond the surfaces being abated or contained. When exterior abatement and/or containment is taking place, the work area shall include ten feet in either direction beyond the area being abated or contained.
X-ray Fluorescence Analyzer (XRF) means any mobile instrument which measures on-site lead concentration in milligrams per square centimeter (mg/cm2).
105 CMR 460.020