Section 22.01 - Purpose and Scope(1)Purpose. 454 CMR 22.00 shall establish and/or constitute: (a) Minimum work standards to protect the health and safety of inspectors, deleaders, renovators and the general public.(b) Standards of competency for persons or entities engaged in or performing deleading and renovation work that disturbs lead paint or lead paint debris.(c) Minimum standards to be used by insurers in the inspection of risk, measurement of hazards and the determination of adequate and reasonable rates of insurance as prescribed by the provisions of M.G.L. c. 152, § 65J.(d) Standards for the licensure or certification of persons, firms, corporations or other entities who or which enter into, engage in or work at the business of deleading work.(e) Standards for the licensure or certification of persons, firms, corporations or other entities who or which enter into, engage in or work at the business of renovating residences and child-occupied facilities containing dangerous levels of lead.(f) Standards for the licensure of entities engaged in the business of training others, where such training is a condition of licensure or certification pursuant to 454 CMR 22.00.(2)Scope. (a)Deleading. The provisions of 454 CMR 22.00, as indicated, apply to the activities of employers, employees and others engaged in deleading of residences containing Dangerous Levels of Lead, except for the activities of owners of residential premises and owners' agents who perform deleading work in accordance with regulations promulgated by the Director of the Childhood Lead Poisoning Prevention Program pursuant to M.G.L. c. 111, § 197(d); and contractors who, pursuant to 105 CMR 460.000: Lead Poisoning Prevention and Control, perform low-risk deleading activities in accordance with 105 CMR 460.175(A) or the activities set forth at 105 CMR 460.100(D): Short Term Vacation or Recreational Rental Exemption from the Obligation to Abate and/or Contain Paint, Plaster or Other Accessible Structural Material Containing Dangerous Levels of Lead in or on short-term vacation or recreational rentals.(b)Lead Safe Renovation. The provisions of 454 CMR 22.00, as indicated, also apply to all renovation work activities conducted for compensation in Target Housing and Child-occupied Facilities.(3)Exceptions. The Director of the Massachusetts Department of Labor Standards may grant exceptions to 454 CMR 22.00 in those instances where it is clearly evident that existing conditions prevent compliance, or where compliance will create an undue hardship, but only in circumstances in which granting the exception will maintain the protection of the health and safety of workers and the general public. Requests for exceptions to 454 CMR 22.00 shall be submitted in writing to the Director and shall specify those provisions of 454 CMR 22.00 for which exceptions are sought, the reasons for requesting the exceptions and any proposed alternatives to the requirements of 454 CMR 22.00. Exceptions granted by the Director shall remain in force until rescinded in writing or until a certain date set at the time that the exception is granted.(4)Alternative Methods. The Director may allow the use of newly developed techniques, methods, or equipment that provide a level of protection for workers and the general public that equals or exceeds that specified by 454 CMR 22.00, so long as such methods are not inconsistent with methods that have been approved by the Director of the Childhood Lead Poisoning Prevention Program pursuant to M.G.L. c. 111, § 192A. Requests for approval of an alternative method shall be submitted in writing to the Director and shall contain a detailed description of the proposed alternative method(s) for performing the work. The Director, in his or her sole discretion, may approve or deny the request for the use of proposed alternate method(s). The Director's decision shall be final.(5)Severability. If any provision of 454 CMR 22.00 shall be held inconsistent with M.G.L. c. 111, M.G.L. c. 149 or any other Massachusetts law or held unconstitutional, either on its face or as applied, the inconsistency or unconstitutionality shall not affect the remaining provisions of 454 CMR 22.00.Amended by Mass Register Issue 1264, eff. 7/4/2014.Amended by Mass Register Issue 1330, eff. 1/13/2017.