Section 460.751 - Enforcement Deadlines According to Type of CaseCode enforcement agencies shall apply the following deadlines to the following types of cases:
(A) A case involving a lead poisoned child in which the owner is in need of financial assistance to accomplish abatement and/or containment for full compliance: (1) Within 30 days of the owner's receipt of the Order to Correct Violation(s), the owner must provide to the code enforcement agency written documentation of the owner's effort to secure financing including a written acknowledgment from the lending institution or governmental agency that verifies the owner's effort to secure financing for abatement and/or containment work for full compliance. The need for financial assistance does not relieve the owner of the obligation to obey the Order to Correct Violation(s).(2) Within 60 days of the owner's receipt of the Order to Correct Violation(s), the owner must provide the code enforcement agency a copy or copies of a signed written contract(s) with an authorized person(s). If an authorized owner or owner's agent will be performing any low- or moderate-risk abatement and/or containment, a copy of the owner's or owner's agent's authorization shall also be provided within 60 days. Any contract shall specify, and any authorized owner or owner's agent who has not contracted in writing shall attest in writing, that the work will be completed according to the following schedule: (a) Within 90 days of the owner's receipt of the Order to Correct Violation(s), abatement work on interior dwelling unit lead violations must be completed, and documented by a code enforcement lead inspector to have been so completed.(b) Within 120 days of the owner's receipt of the Order to Correct Violation(s), any interior common area and exterior abatement and/or containment work, and any remaining interior dwelling unit low-risk abatement and/or containment activities must be completed and documented by a code enforcement lead inspector to have been so completed.(B) A case involving a lead poisoned child in which the owner is not in need of financial assistance to accomplish abatement and/or containment for full compliance: Within 30 days of the owner's receipt of the Order to Correct Violation(s), the owner must provide the code enforcement agency a copy or copies of a signed contract(s) with an authorized person(s). If an authorized owner or owner's agent will be performing any low- or moderate-risk abatement and/or containment activities, a copy of the owner's or owner's agent's authorization shall also be provided within 30 days. Any contract shall specify, and any authorized owner or owner's agent who has not contracted in writing shall attest in writing, that the work will be completed according to the following schedule:(1) Within 60 days of the owner's receipt of the Order to Correct Violation(s), abatement work on interior dwelling unit lead violations must be completed, and documented by a code enforcement lead inspector to have been so completed.(2) Within 90 days of the owner's receipt of the Order to Correct Violation(s), any interior common area and exterior abatement and/or containment work, and any remaining interior dwelling unit low-risk abatement and/or containment activities must be completed and documented by a code enforcement lead inspector to have been so completed.(C) A case in which no lead poisoned child resides in the premises: (1) Within 60 days of the owner's receipt of the Order to Correct Violation(s), the owner must provide the code enforcement agency a copy or copies of a signed contract(s) with an authorized person(s). If an authorized owner or owner's agent will be performing any low-or moderate-risk abatement and/or containment, a copy of the owner's or owner's agent's certificate of instruction shall also be provided within 60 days. Any contract shall specify, and any authorized owner or owner's agent who has not contracted in writing shall attest in writing, that the work will be completed according to the following schedule:(a) Within 90 days of the owner's receipt of the Order to Correct Violation(s), abatement work on interior dwelling unit lead violations, and any interior structural repairs for interim control must be completed, and documented by a code enforcement lead inspector or risk assessor to have been so completed.(b) Within 120 days of the owner's receipt of the Order, any interior common area and exterior abatement and/or containment work, and any remaining interior dwelling unit low-risk abatement and/or containment activities or interim control work must be completed and documented by the code enforcement lead inspector or risk assessor to have been so completed.(D) A case involving a lead poisoned child in which the owner has received a waiver from the Director, pursuant to 105 CMR 460.100(A)(3), to perform interim controls, shall proceed in accordance with the requirements and timelines of 105 CMR 460.751(C).Amended by Mass Register Issue 1353, eff. 12/1/2017.