Section 460.105 - Lead Hazards: The Emergency Lead Management Plan and Interim ControlUnless ineligible under 105 CMR 460.100, the owner of a dwelling unit may obtain a Letter of Interim Control and delay full compliance for the interim control period, provided the following conditions of the Emergency Lead Management Plan are met.
(A)Risk Assessment. A licensed risk assessor shall conduct a risk assessment of the dwelling unit and all relevant common areas upon the request of the owner, to identify urgent lead hazards and specify the measures necessary for interim control. The risk assessment shall be performed accordance with guidelines established by the Director and must include: (1) Identification of loose lead paint;(2) Identification of structural defects;(3) Assessment of window conditions; and(B)Performance of Work. Any abatement or containment work necessary to meet the requirements of the Emergency Lead Management Plan for interim control must be performed by authorized persons, in accordance with 105 CMR 460.000 and 454 CMR 22.00. Deleading and Lead-safe Renovation Regulations.(C)Risk Assessment Reinspection(s). (1) Risk assessment reinspection(s) shall be conducted to ensure that all interim controls recorded on the risk assessment report as necessary to meet the conditions of 105 CMR 460.105(A) have been completed in a workmanlike manner. Dust samples shall be taken in accordance with the lead dust monitoring protocol issued by the Director, and the dust monitoring standards of 105 CMR 460.170 must be met. The owner shall supply the risk assessor with a written statement that the owner or owner's agent has completed any required structural repair or lead dust cleanup, on a form approved by the Director.(2) If abatement work was done which required occupants to be relocated from the unit, pursuant to 105 CMR 460.160(A), the risk assessment reinspection shall constitute the reoccupancy reinspection, and any additional requirements of 105 CMR 460.760(A) not included in 105 CMR 460.105(C) shall also be met.(3) If abatement and/or containment activities or structural repairs were carried out after reoccupancy, the risk assessor shall conduct another risk assessment reinspection at the conclusion of the work.(D)Issuance of a Letter of Interim Control. In order to obtain a Letter of Interim Control, the owner shall complete all interim controls necessary to meet the Emergency Lead Management Plan requirements, and must also meet the documentation requirements set forth in 105 CMR 460.105(D)(1). A Letter of Interim Control must be issued to qualify for that portion of the state income tax credit set aside for interim control under 830 CMR 62.6.3: Lead Paint Removal Credit.(1)Requirements. (a) Documented use of risk assessors is required to obtain a Letter of Interim Control. If abatement or containment work was required to meet the standard of interim control, documentation of work by an authorized person is also required.(b) Documentation of authorized risk assessment and reinspection shall consist of risk assessment reports and risk assessment reinspection reports completed by licensed risk assessors.(c) Documentation of abatement and/or containment work by an authorized person shall consist of an invoice, on a form approved by the Director, bearing the professional letterhead of the licensed deleader or authorized person with his or her license number, including a signed statement that the authorized person has fully complied with the applicable requirements of 105 CMR 460.000 and 454 CMR 22.00: Deleading and Lead-safe Renovation Regulations. For authorized owners and owner's agents, documentation of authorized abatement and containment work shall be made on a form approved by the Director.(2)Letter of Interim Control. A Letter of Interim Control shall be issued by a risk assessor, on a form approved by the Director, when he or she determines that a dwelling unit and common areas are in compliance with, for the limited time period allowed by M.G.L. c. Ill, § 197(b), the conditions of 105 CMR 460.000 and 454 CMR 22.00: Deleading and Lead-safe Renovation Regulations. The Letter of Interim Control shall state a date of expiration that shall be one year from the date of issue.(E)Maintenance and Monitoring. An owner of a dwelling unit or residential premises that has been issued a Letter of Interim Control shall take reasonable care to ensure that all required interim control measures remain in place and are effective. The owner shall also take reasonable care to promptly correct any failure of interim controls, or address any new urgent lead hazards. Failure to maintain the dwelling unit or residential premises under the conditions of Interim Control may invalidate the Letter of Interim Control.(F)Recertification. (1) Before the end of the one-year period of validity of a Letter of Interim Control, an owner must either abate and/or contain the dwelling unit or residential premises to achieve full compliance, or, no sooner than 30 days before the expiration date of the Letter of Interim Control, have the unit or premises reinspected by a licensed risk assessor, in accordance with M.G.L. c. 111, § 197(b) and 105 CMR 460.105(F).(2) The risk assessor shall conduct a recertification reinspection in accordance with 105 CMR 460.105(C), to ensure that the interim controls required for the unit are still in place and are being properly maintained. The risk assessor shall conduct a visual inspection and record the type and location of any urgent lead hazards on the risk assessment recertification form. If any of the requirements of 105 CMR 460.105(C) are not met, or if additional urgent lead hazards are present, these conditions must be corrected, using authorized persons when required by 105 CMR 460.105(B). The risk assessor must return and perform another reinspection pursuant to 105 CMR 460.105(C), and the documentation requirements of 105 CMR 460.105(D)(1) must be met. If the dwelling unit meets the standard of reinspection, the risk assessor shall recertify the Letter of Interim Control for an additional period, which in no event shall be longer than one year from the initial expiration date of the Letter of Interim Control.(3) An owner whose dwelling unit's or residential premises' Letter of Interim Control is recertified for another year under the procedures required in 105 CMR 460.105(F) shall take reasonable care to perform monitoring and maintenance during that second year as well, in accordance with 105 CMR 460.105(E).(G)Identification of a Child Who is Lead Poisoned in a Premises under Interim Control. (1)Required Post Compliance Assessment. A licensed code enforcement risk assessor shall conduct a post compliance assessment in any dwelling unit or residential premises with a Letter of Interim Control in which a child is identified as lead poisoned.(a) If the licensed code enforcement risk assessor finds no urgent lead hazards as a result of the risk assessment, the Letter of Interim Control shall remain valid and the risk assessor shall investigate other potential sources of lead exposure as appropriate.(b) If the licensed code enforcement risk assessor identifies urgent lead hazards, an Order to Correct Violation(s) shall be issued, and the owner of the unit shall be required to bring the unit into full compliance, in accordance with the deadlines in 105 CMR 460.751(A) or (B), as applicable. The Director may grant exceptions to the requirement to bring the unit into full compliance pursuant to specified conditions established on a case-by-case basis.(c) During the period of time within which the owner must achieve full compliance under the Order to Correct Violation(s), the owner of the unit with a Letter of Interim Control shall not be held strictly liable for injury or damage caused by exposure to dangerous levels of lead, as long as the owner meets each successive deadline set forth in 105 CMR 460.751(A) or (B), as applicable, for complying with the Order to Correct Violation(s).Amended by Mass Register Issue 1353, eff. 12/1/2017.