105 Mass. Reg. 460.150

Current through Register 1524, June 21, 2024
Section 460.150 - Notification of Abatement and/or Containment Activity
(A) Prior to starting deleading work for occupied rental units, the owner, owner's agent or authorized person notifying on behalf of the owner shall give a minimum of ten calendar days advance notice of the date abatement and/or containment activities, whether for full compliance or as part of interim control, will begin at his or her property. Notice shall be given on a form approved by the Director. If abatement and/or containment activities are not completed in a single continuous operation, notice must be given each time such activities are commenced. Notice must be given to the following individuals and agencies:
(1) The occupants of the dwelling unit in which abatement and/or containment activities are to be performed.
(2) All other occupants of the residential premises if abatement and/or containment activities will take place in interior common areas and/or the exterior of the residential premises.
(3) The local board of health or code enforcement agency.
(4) The Department of Labor Standards.
(5) The Director.
(6) The Massachusetts Historical Commission, if the residence is listed on the State Register of Historic Places.
(B) Prior to starting deleading work for vacant or owner-occupied single family homes or for work inside the unit of a vacant or owner-occupied unit of a multi-family, individuals licensed by the Department of Labor Standards must follow notification requirements set forth in 454 CMR 22.00: Deleading and Lead-safe Renovation Regulations. Authorized owners and owner's agents must submit the notification form, but do not need to wait before beginning the abatement or containment work. Notice must be given to the following individuals and agencies:
(1) The local board of health or code enforcement agency.
(2) The Department of Labor Standards.
(3) The Director.
(4) The Massachusetts Historical Commission, if the residence is listed on the State Register of Historic Places.
(C) Owners of property listed in the State Register of Historic Places shall notify the Massachusetts Historical Commission and, if applicable, their local historical commission, immediately upon receipt of an Order to Correct Violation(s) (see105 CMR 460.750(B)(2) ) or at least 30 days prior to initiating abatement and/or containment activities, whether taken for full compliance or as part of interim control, in situations where there is no Order to Correct Violation(s).
(D) If a private inspector or risk assessor performed the inspection and, if applicable, risk assessment, he or she shall be notified by the deleading contractor as far in advance as possible of the date for the reoccupancy reinspection, if applicable.

105 CMR 460.150

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