Work Practices and Other Requirements for Renovation Work

(1) Applicability. The requirements of 454 CMR 22.11 shall apply to all Renovation Work, except: (a) Renovation Work for which a Lead Paint Inspector or Risk Assessor certified pursuant to 105 CMR 460.000: Lead Poisoning Prevention and Control has made a determination that the surfaces affected by the Renovation are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 milligrams per square centimeter or 0.5% by weight and where the entity performing the work has obtained a signed statement to that effect; or (b) Renovation Work for which a Certified Lead-safe Renovator-supervisor, using a Recognized Test Kit, as specified by 40 CFR Parts 745.83 and 745.88, and following the Kit manufacturer's instructions, has tested each component affected by the Renovation in accordance with protocols taught in the training course for Certification of Lead-safe Renovator-supervisors and determined that the components are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 milligrams per square centimeter or 0.5% by weight. If the components make up an integrated whole, such as would the individual stair treads and risers of a single staircase, the Certified Lead-safe Renovator-supervisor is required to test only one of the individual components, unless the individual components appear to have been repainted or refinished separately. Where the testing specified by 454 CMR 22.11(1)(a) or (b) has not been carried out, work that results in the disturbance of greater than six square feet of painted surface per room on the interiors of buildings, or greater than 20 square feet of painted surface on the exterior of a building, or involves window replacement or partial demolition of painted surfaces shall be carried out as Renovation Work in accordance with 454 CMR 22.11. Where, in accordance with 454 CMR 22.11(1)(a), a Lead Paint Inspector or Risk Assessor has made the determination that the surfaces affected by the Renovation are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 milligrams per square centimeter or 0.5% by weight, Lead-safe Renovation Contractor or other entity performing the work shall maintain a signed statement to that effect as a record pursuant to 454 CMR 22.13(2)(c). Where the Lead-safe Renovator-supervisor assigned to the Renovation Project makes the determination specified at 454 CMR 22.11(1)(b), the results of such testing, including a schematic or a description of the locations where testing was performed, shall be maintained as a record pursuant to 454 CMR 22.13(2)(c). (2) Requirement for the Use of Licensed Contractors. All Renovation Work shall be carried out by Lead-safe Renovation Contractors who have been licensed in accordance with 454 CMR 22.03(3) and 22.04, except that persons, firms, corporations or other entities who are in possession of a current, valid Contractor Licensing Waiver issued pursuant to 454 CMR 22.04(5) may carry out Renovation Work without being licensed, provided that the requirements of 454 CMR 22.11(3) and (4) are met; and the work is otherwise conducted in accordance with the applicable requirements of 454 CMR 22.00. (3) Responsibilities of Lead-safe Renovation Contractors. The Responsible Person(s) of the Licensed Lead-safe Renovation Contractor, or other entity carrying out Renovation Work shall ensure that: (a) All individuals performing Renovation Work on behalf of the Contractor or entity are Responsible Persons or employees of said Contractor or entity. (b) All individuals performing Renovation Work on behalf of the Contractor or entity are Certified Lead-safe Renovator-supervisors, Licensed Deleader-supervisors in the capacity of workers, Licensed Deleader-workers or workers who have been trained in accordance with 454 CMR 22.08(4)(i). (c) All Renovation Work is performed in accordance with the work practice requirements of 454 CMR 22.11(9). (d) The pre-renovation notification requirements of 454 CMR 22.11(8) are met. (e) The recordkeeping requirements of 454 CMR 22.13(2) are met. (f) A person who is Certified as a Lead-safe Renovator-supervisor is assigned to every Renovation Project, and the functions and requirements specified at 454 CMR 22.11(4) are complied with. (4) Responsibilities of Certified Lead-safe Renovator-supervisors at Renovation Worksites. The Supervisor assigned to the Renovation Project in accordance with 454 CMR 22.03(4) and 22.11(4). shall: (a) Carry out, or sufficiently oversee workers in the performance of, the work practices specified by 454 CMR 22.11(9) to ensure compliance with the same. (b) Provide on-the-job training in accordance with 454 CMR 22.08(4)(i) to workers in the work practices they will be using in performing their assigned tasks. (c) Be physically present at the work site and in control of the work at all times when Renovation Work is in progress. (d) In the absence of testing carried out by a Licensed Inspector or Risk Assessor, use a Recognized Test Kit to determine the presence of lead on components that would be affected or disturbed during Renovation Work or assume that all components that would be disturbed by the Renovation Work contain or are covered by paint or other materials containing Dangerous Levels of Lead. (e) Perform the visual clearance and cleaning verification required by 454 CMR 22.11(9)(h). (5) Exemption from Licensing and Certification Requirements for Persons Performing Renovation Work in the Capacity of Workers. Workers who participate in Renovation Work under the direct supervision of a Certified Lead-safe Renovator-Supervisor need not be Licensed or Certified, provided that all persons participating in said Renovation Work in the capacity of workers have received the training specified by 454 CMR 22.08(4)(i) and the OSHA Lead In Construction Standard at 29 CFR 1926.62(l). (6) Prohibition on the Use of Minors. No person younger than 18 years old shall be employed to work on any Renovation Project. (7) Personal Protection and Hygienic Precautions. The employer or other entity carrying out Renovation Work shall provide medical monitoring and personal protective equipment to employees, as specified by 454 CMR 22.09. No person shall eat, drink, smoke, chew gum or tobacco, or apply cosmetics in any Work Area. (8) Distribution of Lead Hazard Information. Persons or entities who carry out Renovation Work shall comply with all the requirements of 40 CFR 745.84 pertaining to the distribution of the specified lead hazard information. (9) Work Practice Requirements. (a) Prohibited Practices. The following work practices shall be prohibited: 1. Open flame burning or torching of painted surfaces. 2. The use of power operated equipment on painted surfaces to remove paint through high-speed sanding, grinding, planing, impacting, blasting or abrading, except where such power tools are equipped with HEPA-filtered exhaust ventilation. 3. The use of heat guns that operate at temperatures at or above 1,100°F on painted surfaces [ref 40 CFR Part 745.85]. (b) Exclusion of Personnel. Access to the Work Area shall be limited to persons directly engaged in carrying out the work, emergency response personnel, consultants carrying out work within the scope of their authority and inspectors operating under their own jurisdiction. Limitations on access to the Work Area shall be in place at all times when work is in progress and until such time as the standards for post-renovation cleaning verification set forth at 454 CMR 22.11(9)(h) are met. The Contractor is not required to employ the use of a sign in/out log to ensure the exclusion of unauthorized persons from accessing the Work Area as would be required on a Deleading Project. However, the use of a sign in/out log is one means of documenting compliance with 454 CMR 22.00. (c) Signs. Signs, barriers or other appropriate means necessary to enure the security of the Work Area shall be used. To the extent practicable, signs shall be in the primary language of the occupants. Signs shall be posted before the commencement of the Renovation Work and remain in place until the standards for post-renovation cleaning verification set forth at 454 CMR 22.11(9)(h) are met. Signs shall meet the standards set forth at 29 CFR 1926.62(m). (d) Work Practices for Interior Renovations. 1. Shutdown and Isolation of HVAC Systems. Where the Work Area of the facility being renovated is serviced by a forced air heating, ventilation or air conditioning system (HVAC), said system shall be shut down, and all ducts opening into the Work Area shall be covered with plastic sheeting or other impermeable material to form a dust-tight seal, prior to the commencement of the work. 2. Removal of Movable Objects. All movable objects which may be contaminated by lead dust or debris from the work activity shall be removed from the Work Area. 3. Covering of Non-movable Objects. All non-movable or fixed objects remaining within the Work Area shall be sufficiently covered with plastic sheeting taped down to form a dust-tight seal, so as to prevent their contamination for the duration of the Renovation Project. 4. Isolation and Containment of the Work Area. The Work Area shall be sufficiently isolated from adjacent interior spaces of the dwelling by plastic sheeting, or other appropriate impermeable material, to prevent contamination of said adjacent spaces. The integrity of the containment shall be maintained throughout the course of Renovation Work until such time as the standards for post-renovation cleaning verification set forth at 454 CMR 22.11(9)(h) are met. Work area containments shall not be installed in such a manner as to interfere with occupant or worker egress in the event of an emergency. 5. Doors and Windows. Doors in the Work Area that are not used to access the Work Area shall be closed and covered with plastic sheeting secured with tape or sealed around the edges, to form a dust-tight seal. Windows in the Work Area shall be closed and covered with plastic sheeting secured with tape to form a dust-tight seal. Doors used as entrances to the Work Area shall be covered in such a manner as to allow workers to pass through, while confining dust and debris to the Work Area. 6. Covering of Floor Surfaces. The surfaces of floors shall be covered with plastic sheeting in all instances except those where the floor itself is included in the Renovation operation. The plastic sheeting shall extend a minimum of six feet beyond the perimeter of surfaces being renovated or a sufficient distance to contain the dust, whichever is greater. (e) Requirements for Exterior Renovations. 1. Closing of Doors and Windows. Where Renovation Work involves the disturbance of lead paint, lead-painted structures or lead paint debris on the side of a building, all doors and windows within a horizontal distance of 20 feet from the area where the work is taking place, on the same floor, and on all floors below, shall be closed for the duration of the work. 2. Covering of Plants and Ground. The ground and any plants or shrubs in the area in which exterior lead paint removal or other work which disturbs exterior lead paint or paint debris is taking place shall be covered with a tarpaulin, plastic sheeting or other appropriate impermeable material. Said covering shall extend en feet from the surfaces undergoing Renovation, or a sufficient distance to collect any and all falling paint debris, whichever is greater. 3. Prevention of Remote Contamination. Exterior Renovation Work shall be conducted so as to confine any generated lead dust or debris to the Work Area, and in no case shall said project be equipped and operated so as to permit the migration of generated lead dust or debris to an abutting property. Barriers, containments and engineering controls may be employed to comply with this requirement. 4. Material Disposition. Paint chips or other materials containing Dangerous Levels of Lead generated during work operations shall not be allowed to fall distances in excess of 40 feet, except where such transfer of lead-containing materials takes place in dust-tight chutes or enclosures. 5. Vertical Containment. If the renovation will affect surfaces within ten feet of the property line, vertical containment shall be erected to ensure that dust and debris from the renovation does not contaminate adjacent buildings or migrate to adjacent properties. Vertical containment may also be necessary in other situations, such as in windy conditions, or order to prevent contamination of other buildings, other areas of the property, or adjacent buildings or properties. (f) Clean-up Requirements. All interior and exterior surfaces which may have become contaminated with lead dust or debris, and all tools and equipment used during work operations, shall be cleaned of all paint chips, dust, debris and other residue at the conclusion of the project. Acceptable cleaning methods shall include HEPA-filtered vacuuming, wet wiping or washing with solutions of tri-sodium phosphate or any general household detergent and other forms of low-disturbance mechanical transfer. Non-HEPA-equipped vacuums shall not be used. Dry sweeping and compressed air release shall not be employed as cleaning methods. 1. When vacuuming carpets and rugs, the HEPA-vacuum shall be equipped with a beater bar. 2. Plastic sheeting and other barriers that separate the Work Area from other areas shall remain in place until all other areas of the Work Area have been thoroughly cleaned of all dust and debris, and the requirements of 454 CMR 22.11(9)(h) have been met. 3. Interior horizontal surfaces shall be cleaned by HEPA-vacuuming followed by wet wiping or mopping. Vertical surfaces shall be cleaned by HEPA-vacuuming or by wet wiping. 4. The Work Area and any other areas exposed to lead dust, paint chips or lead-contaminated debris from the Work Area shall be cleaned of all such visible contamination at the end of each day. All lead-contaminated materials shall be securely contained in the Work Area or disposed of according to applicable EPA and MassDEP regulations. 5. All equipment used in Renovation Work shall be thoroughly cleaned of visible dust and debris prior to removal from the Work Area. 6. At the conclusion of a Renovation Project, all surfaces within the Work area shall be cleaned to the level of no visible dust and debris using HEPA-vacuuming, mopping, washing or a combination of these methods. (g) Waste Disposal. The preparation, transportation and disposal of waste material containing lead shall be carried out in accordance with applicable EPA, DOT and MassDEP regulations. Plastic sheeting used during the Renovation Work shall be disposed of as waste at the conclusion of each Renovation Project. Tarpaulins used to satisfy the requirement for covering of plants and ground at 454 CMR 22.11(9)(e)2. may only be re-used for other exterior work after they are cleaned of all visible dust and debris by HEPA-vacuuming or the use of wet cleaning methods. Said tarpaulins shall not subsequently be used for interior Renovation Work in Target Housing or Child-occupied Facilities. (h) Post Cleaning Verification. At the conclusion of Renovation Work and before plastic sheeting and other barriers that separate the Work Area from other areas are removed, a Certified Lead-safe Renovator-supervisor assigned to the Project shall: 1. Carry out the procedures for post renovation cleaning verification set forth in 454 CMR 22.91: Appendix 1 and ensure that the Work Area meets the associated standard for cleaning set forth in 454 CMR 22.91: Appendix 1; or 2. Ensure that the Work Area passes the Lead Dust Monitoring levels set forth at 105 CMR 460.170: Lead Dust Monitoring. Dust wipe testing as prescribed by 105 CMR 460.170: Lead Dust Monitoring and associated dust wipe protocols may be used for post clearance verification, in lieu of the method set forth in 454 CMR