Work Practices and Other Requirements for Deleading Projects

(1) Requirements for Class I Deleading Projects. Persons, firms, corporations or other entities who conduct Class I Deleading Projects and the Deleader Supervisor required to be on-site by 454 CMR 22.12(1)(a)2. shall ensure that said Project is arranged, equipped and operated in a manner that complies with the requirements of 454 CMR 22.12, any other applicable section of 454 CMR 22.00, 105 CMR 460.000: Lead Poisoning Prevention and Control and any other applicable Massachusetts regulation. (a) General Requirements. 1. Requirement for Performance by Licensed Deleading Contractor. Except as allowed by M.G.L. c. 111, § 197(d), Class I Deleading Projects shall be conducted by Deleading Contractors licensed pursuant to 454 CMR 22.04. 2. Requirement for On-site Deleader-supervisor. A person who is licensed as a Deleader Supervisor pursuant to 454 CMR 22.05 and who is an employee or Responsible Person of the business entity which entered into the Class I Deleading Work shall be physically present at the Work Area and in control of all Deleading Work being performed therein at all times when said Work is in progress. 3. Requirement for Use of Licensed Workers. Persons who perform Class I Deleading Work under the direction of the Deleader-supervisor required to be on-site by 454 CMR 22.12(1)(a)2. shall be employees or Responsible Persons of the business entity which entered into the Class I Deleading Work and licensed as Deleader-supervisors or as Deleader-workers pursuant to 454 CMR 22.05. 4. Required Deleading Notification. No Class I Deleading Work shall take place until notice has been given to the Department, as required by 454 CMR 22.10. 5. Hygienic Precautions. The Deleading Contractor and Deleader-supervisor shall not permit anyone to eat, drink, smoke, chew gum or tobacco, or apply cosmetics in the Work Area or changing area. 6. Material Disposition. Paint chips or other materials containing Dangerous Levels of Lead generated during Deleading Work 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. 7. Prevention of Remote Contamination. All Deleading Work performed on any structure shall be arranged, equipped and operated in a manner which eliminates the possibility of lead contaminants or lead-contaminated materials escaping from the Work Area. 8. Methods of Paint Removal. Only the methods of paint removal specified by 105 CMR 460.120: Removal and Making Intact Lead-based Paint and Other Coatings shall be permissible for the removal of lead-based paint. 9. Ground Fault Circuit Interrupter (GFCI) Protection. All electrical circuits supplying power tools or equipment used in connection with Deleading Work shall be ground fault circuit interrupter-protected. 10. Sign in/out Log. The Deleading Contractor or other entity carrying out a Class I Deleading Project shall ensure that each person entering or leaving the Work Area individually completes the appropriate entries in a sign in/out log. The sign in/out log shall include: the location of the project; current date; printed name; signed name; Massachusetts License number, where applicable; and the time of each entry or exiting. (b) Work Area Preparation. Prior to commencing a Class I Deleading Project, the Deleading Contractor and Deleader-supervisor shall ensure that the following steps are taken: 1. Restriction of Access. Access to the Work Area shall be restricted to the Owner, deleaders, licensed lead paint inspectors, representatives of the Director, and any others authorized by the Director. Signs warning that Deleading Work is being conducted shall be posted at all approaches to the Work Area. Signs shall meet the standards set forth at 29 CFR 1926.62(m)(1) with additional language prohibiting entrance to the Work Area by unauthorized personnel. The Deleading Contractor and Deleader-supervisor shall use barriers or other appropriate means to secure the Work Area. 2. Isolation of Interior Work Areas. Interior Work Areas shall be isolated from other areas of the Residence by sealing all openings, including but not limited to, windows (where they are not to be abated), doors, ventilation openings, drains, grilles and grates with plastic sheeting with a minimum thickness of six mils and duct tape or the equivalent. Entrances to the Work Area shall be sealed by constructing air locks as follows: one sheet of plastic sheeting of sufficient size to fully cover the entrance shall be taped along the upper edge of the top of the entrance and allowed to hang freely. A second sheet of plastic of comparable size shall be taped over the first so as to be outermost from the Work Area with respect to the first. The second sheet shall be taped on all four sides and slit vertically in the middle to allow a person to walk through. 3. Isolation of Forced-air Systems. Forced-air systems which are exposed to the Work Area shall be shut down, locked out and isolated to prevent lead contamination and lead dust dispersal to spaces outside of the Work Area. 4. Covering/Removal of Objects. All movable objects in the Work Area shall be removed or covered in such a manner as to ensure that the objects are not contaminated by lead dust or other lead contaminated materials. Objects remaining in the Work Area shall be wrapped or covered with plastic sheeting with a minimum thickness of six mils, and shall be sealed with duct tape or the equivalent. 5. Covering of Floors. Except as allowed by 454 CMR 22.12(1)(b)5.a. and b., floors of rooms in the Work Area shall be covered with two layers of plastic sheeting with a minimum thickness of six mils. The edges of said floor coverings shall be securely taped with duct tape or its equivalent, so as to prevent leakage. a. Where lead paint is to be removed from floor surfaces, the requirement for covering of floor surfaces is exempted. b. A tarpaulin or another impermeable covering may be used in place of plastic sheeting where the use of the latter would create slipping hazards, e.g., around ladders. 6. Installation and Use of Change Area. A change area which is equipped with separate storage facilities for protective work clothing, equipment, and for street clothes shall be provided and used. The walls and floor of said clean change area shall be covered with plastic sheeting with a minimum thickness of six mils. The changing area shall be adjacent to the Work Area. No person shall exit the changing area to enter the Work Area unless they are equipped in conformance with 454 CMR 22.09. No contaminated person shall exit the Work Area unless such person has removed their protective clothing, gloves, boot or shoe covers, and respirator, nor shall a person in any other way cause lead contaminants to enter a non-work area. 7. Covering of Doors and Windows. Where exterior lead paint removal is performed, doors and windows on the side of the building being deleaded on the same floor where work is taking place and all floors below, shall be closed and covered with plastic sheeting with a minimum thickness of six mils. 8. Covering of Plants and Ground. The ground and all plants or shrubs in the areas where exterior Deleading Work is performed shall be covered with a tarpaulin or plastic sheeting with a minimum thickness of six mils. Such covering shall cover from the side of the structure to a point at least ten feet away from the structure or a sufficient distance to collect any and all falling paint debris, whichever is greater. The covering shall be taped or otherwise securely attached to the side of the structure. (c) Clean-up. 1. Interior. The Deleading Contractor and Deleader-supervisor shall ensure that the Work Area and any other areas exposed to lead dust or lead-contaminated debris from the Work Area are 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. The final clean-up shall be performed by the Deleading Contractor no sooner than two hours after the completion of active abatement and/or containment activities, including, without limitation, all sanding and any other dust-generating surface preparation necessary for encapsulation, repainting or sealing. At the end of each Deleading Project the cleaning shall include, but not be limited to: a. Vacuuming all surfaces with a HEPA- filtered vacuum cleaner; b. Disposing of all plastic sheeting and debris; and c. Mopping or washing all surfaces with a solution of tri-sodium phosphate or any general household detergent. Until the conclusion of the final clean-up, the Deleading Contractor and Deleader-supervisor shall ensure that access to the Work Area is restricted to only those persons to whom access is allowed by 454 CMR 22.12(1)(b)1. and that all Work Area barriers required by 454 CMR 22.12(1)(b)2. remain in place. 2. Equipment. All equipment used in Deleading Work shall be thoroughly cleaned with a solution of tri-sodium phosphate or any other household detergent or vacuumed with a HEPA-filter vacuum prior to removal from the Work Area. 3. Clothing. All clothing used during the Deleading Work shall be secured in leak-proof containers prior to removal from the Work Area. 4. Exterior. The Work Area shall be cleaned of lead paint chips and other debris generated by the Deleading Work at the end of each work day. Any debris shall be completely removed and disposed of in accordance with applicable EPA and MassDEP regulations. (d) Disposal. 1. All dry, lead-contaminated materials without sharp edges shall be containerized in double-thickness plastic bags with a minimum thickness of six mils and then sealed, before being removed from the Work Area. Dry contaminated materials with sharp edges shall be containerized in fiber, plastic or metal drums, or in plastic-lined boxes, in accordance with applicable EPA, DOT and MassDEP regulations before being removed from the Work Area. Water-saturated, lead-contaminated materials shall be containerized in plastic or metal drums before being removed from the Work Area. 2. Lead-contaminated soil shall be disposed of in accordance with applicable MassDEP requirements. (e) Lead Dust Monitoring Requirements. Where lead dust monitoring is required by 105 CMR 460.170: Lead Dust Monitoring, the Deleading Contractor and Deleader- supervisor shall ensure that the Work Area is repeatedly cleaned at the conclusion of the Deleading Work until the lead dust clearance monitoring requirements of 105 CMR 460.170: Lead Dust Monitoring are met. (f) Declaration of Performance. Following satisfaction of the lead dust monitoring requirements of 105 CMR 460.170: Lead Dust Monitoring, the Licensed Deleader- supervisor who carried out the work shall submit a signed statement to the Inspector or Risk Assessor who performs the reinspection required by 105 CMR 460.760: Reinspection and Full Compliance. Said signed statement, which shall include the Deleader-supervisor license number and its expiration date, the Deleading Contractor license number and its expiration date, a description of the work performed and a statement that the work was performed in accordance with the applicable requirements of 454 CMR 22.00 and 105 CMR 460.000: Lead Poisoning Prevention and Control, shall be maintained as a record by the Deleading Contractor pursuant to 454 CMR 22.13(1)(e). (2) Requirements for Moderate-risk Deleading Projects. Moderate-risk Deleading Work shall be conducted in accordance with the requirements of 454 CMR 22.12(2) and other applicable sections of 454 CMR 22.00 and 105 CMR 460.000: Lead Poisoning Prevention and Control. (a) General Requirements. 1. Requirement for Prior Inspection. Persons carrying out Moderate-risk Deleading Work shall ensure that said work has been inspected and designated eligible for Moderate-risk Deleading by a licensed Inspector or Risk Assessor pursuant to the relevant provisions of 105 CMR 460.000: Lead Poisoning Prevention and Control prior to engaging in said work. 2. Licensing Requirements. Except for Renovation Work carried out by Owners and Owners' Agents, who are allowed by M.G.L. c. 111, § 197(d) to perform Deleading Work in accordance with regulations promulgated by the Director of CLPPP without being licensed pursuant to 454 CMR 22.00, all Moderate-risk Deleading Work shall be carried out by Deleading Contractors or Lead-safe Renovation Contractors. Where a Lead-safe Renovation Contractor carries out Moderate Risk Deleading Work, said work shall be supervised and/or performed by a Deleader Supervisor or a Lead-safe Renovator- supervisor who has received the training specified by 454 CMR 22.03(2) and 22.08(4)(e). 3. Requirement for On-site Supervisor. Persons carrying out Moderate-risk Deleading Work shall ensure that a person who is Licensed as a Deleader-supervisor, or a person who is Certified as a Lead-safe Renovator-supervisor and has received the training specified by 454 CMR 22.03(2) and 22.08(4)(e), and who is an employee or Responsible Person of the business entity which entered into the Moderate-risk Deleading Work, is physically present at the Work Area and in control of all Moderate-risk Deleading Work at all times when said Work is in progress. 4. Requirement for Use of Licensed or Certified Workers. All persons who perform Moderate-risk Deleading Work under the direction of a Deleader-supervisor or a Lead-safe Renovator-supervisor shall be licensed as Deleader-workers or certified as Lead-safe Renovator-supervisors pursuant to 454 CMR 22.05 or 22.06 and shall be employees or Responsible Persons of the business entity which entered into the Moderate-risk Deleading Work. 5. Restrictions on Presence of Persons in the Work Area. Access to the Work Area shall be restricted to the Owner, licensed deleaders, licensed Inspectors, Lead-safe Renovator-supervisors, representatives of the Director, and any others authorized by the Director. Signs warning that Deleading Work is being conducted shall be posted at all approaches to the Work Area. Such signs shall include the words "WARNING: LEAD PAINT REMOVAL HAZARD" in bold lettering not smaller than two inches tall, with additional language prohibiting entrance to the Work Area by unauthorized personnel. The contractor or supervisor shall use barriers or other appropriate means as necessary to secure the Work Area. 6. Limitations on Scope of Activities. Any Deleading Work, conducted as a Moderate-risk Deleading Project, but which exceeds the scope of the work previously designated as "Moderate-risk Deleading Work" pursuant to 454 CMR 22.12 (2)(a)1. or which is undertaken by persons who are not licensed or certified as required by 454 CMR 22.12(2)(a)2. through 4., shall be considered unauthorized deleading under 454 CMR 22.00 and subject to all the penalties thereof. 7. Required Deleading Notification. No Moderate-risk Deleading Work shall take place until notice has been given to the Department and others, as set forth at 454 CMR 22.10. 8. Sign In/Out Log. The Deleading Contractor or other entity carrying out a Moderate Risk Deleading Project shall ensure that each person entering or leaving the Work Area individually completes the appropriate entries in a sign-in/out log. The sign in/out log shall include: the location of the project; current date; printed name; signed name; Massachusetts License number, where applicable; and the time of each entry or exiting. (b) Work Practice Requirements. 1. General. Persons or entities undertaking Moderate-risk Deleading Work shall carry out said Work in accordance with the work practices specified at 454 CMR 22.11(9)(a) through (g), the applicable work practices specified at 105 CMR 460.120: Removal and Making Intact Lead-based Paint and Other Coatings, 460.130: Containment Using Approved Coverings, 460.135: Containment Using Encapsulants and 460.140: Removing and Replacing Components and Fixtures, with the exception of the practices specified at 105 CMR 460.120(C), and as otherwise directed by the Director. 2. Hygienic Precautions. No person shall eat, drink, smoke, chew gum or tobacco, or apply cosmetics in any Work Area. 3. Worksite Cleanup Requirements. Following the completion of Moderate-risk Deleading Work, the Deleading Contractor, Lead-safe Renovation Contractor or other person or entity who conducted the work shall clean the worksite of visible dust and debris, in accordance with 454 CMR 22.11(9)(f) and 105 CMR 460.160(D): Clean-up. 4. Lead Dust Monitoring Requirements. Where lead dust monitoring is required by 105 CMR 460.170: Lead Dust Monitoring, the Deleading Contractor, Lead-safe Renovation Contractor or other persons or entities undertaking Moderate-risk Deleading Work shall, at the conclusion of the Work, ensure that the lead dust clearance monitoring requirements of 105 CMR 460.170: Lead Dust Monitoring are met. 5. Declaration of Performance. Following satisfaction of the lead dust monitoring requirements specified by 454 CMR 22.12(2)(b)4., the Licensed Deleader-supervisor or Certified Lead-safe Renovator Supervisor who carried out the work shall submit a signed statement to the Inspector or Risk Assessor who performs the reinspection required by 105 CMR 460.760: Reinspection and Full Compliance. Said signed statement, which shall include the license or certification number of the Deleader-supervisor or Lead-safe Renovator-supervisor and its expiration date, the number of the Deleading Contractor or Lead-safe Renovation Contractor license and its expiration date, a description of the work performed and a statement that the work was performed in accordance with the applicable requirements of 454 CMR 22.00 and 105 CMR 460.000: Lead Poisoning Prevention and Control, shall be maintained as a record pursuant to 454 CMR 22.13(1)(e). (3) Requirements for Low-risk Deleading Projects. (a) Requirement for Low-risk Designation. Persons who carry out Low-risk Deleading Work shall ensure that said work has been inspected and designated eligible for low-risk "Owner and Owner's Agent Abatement" by a licensed Inspector or Risk Assessor pursuant to 105 CMR 460.175(A) and 460.750: Notice of Results of Inspections, Risk Assessments, Reinspections, Post-compliance Assessments and Lead Determination Enforcement Procedures prior to engaging in such work. (b) Training and Certification Requirements. Low-risk Deleading Work shall only be carried out by persons who have completed the training specified by 105 CMR 460.175(D) and have obtained the certificate of instruction pursuant to 105 CMR 460.175(E): Certificate of Instruction. (c) Limitations on Scope of Activities. Any abatement and/or containment activities performed by Owners, Owners' Agents, unlicensed contractors and others that exceed the scope of activities authorized by 105 CMR 460.175(A), or which are undertaken by persons who have not completed all training required by M.G.L. c. 111, § 197(d) and 105 CMR 460.175(D) or obtained a certificate of instruction pursuant to 105 CMR 460.175(E): Certificate of Instruction, shall be considered unauthorized deleading under 454 CMR 22.00 and subject to all the penalties thereof. (d) Work Practice and Health and Safety Requirements. Persons or entities undertaking Low-Risk Deleading Work shall conduct such work in accordance with the work practice and health and safety requirements specified in the applicable sections of 105 CMR 460.000: Lead Poisoning Prevention and Control, including but not limited to 460.105: Lead Violations: The Emergency Lead Management Plan and Interim Control, 460.130: Containment Using Approved Coverings, 460.140: Removing and Replacing Components and Fixtures, 460.160: Safety Precautions and Clean-up Procedures in Areas Undergoing Deleading and Interim Control Work, 460.170: Lead Dust Monitoring and 460.175: Low- and Moderate-risk Abatement and Containment and as otherwise directed by the Director of CLPPP.