Recordkeeping Requirements

(1) Deleading Projects Carried out by Deleading Contractors, Including Moderate Risk Deleading Projects Carried out by Lead-safe Renovation Contractors. Deleading Contractors and Lead-safe Renovation Contractors shall maintain the records listed at 454 CMR 22.13(1)(a) through (e), and shall present such records to the Director, or his or her representative, upon request. Records required to be kept by 454 CMR 22.13(1)(a) through (c) shall be kept on-site. All other records required to be kept by 454 CMR 22.13(1) shall be kept at the principal place of business of the Deleading Contractor or Lead-safe Renovation Contractor. Deleading Contractors and Lead-safe Renovation Contractors whose principal place of business is outside the Commonwealth shall present the records listed at 454 CMR 22.13(1)(d) and (e), or notarized copies of the same, within five business days of the Director's request. (a) Copies of all Deleading and Lead-safe Renovation Licenses required to be held by said contractor and members of his or her workforce. (b) Copies of Training Certificates for all members of his or her deleading workforce. Where a Lead-safe Renovation Contractor carries out Moderate Risk Deleading Work, as allowed by 454 CMR 22.03(2)(b), the Training Certificates maintained shall include a Training Certificate for the supervisor who supervised each such Moderate Risk Deleading Project, which shall indicate that each such supervisor was trained as a Deleader-supervisor, as specified by 454 CMR 22.08(4)(c) and (f), as applicable, or as Lead-safe Renovator- supervisor Moderate Risk Deleading Option, as specified by 454 CMR 22.08(e) and (f), as applicable. (c) The sign in/out logs required by 454 CMR 22.12(1)(a)10. and (2)(a)8., as applicable. (d) Copies of all medical documents required by 454 CMR 22.09 or 29 CFR 1926.62, including physicians' statements, the results of all physical examinations, blood lead level and respirator fit tests and any other medical documentation required by 29 CFR 1926.62. (e) Copies of all notification forms as required by 454 CMR 22.10, results of tape tests, patch tests, and all personal and environmental air and dust wipe monitoring, all declarations of performance required by 454 CMR 22.12(1)(f) and (2)(b)5., and a list of the names of all deleaders or renovators who were involved in each operation. (2) Renovation Projects Carried out by Lead-safe Renovation Contractors. Lead-safe Renovation Contractors carrying out Renovation Projects shall maintain the records listed at 454 CMR 22.13(2) and shall present such records to the Director, or his or her representative, upon request. Records required to be maintained by 454 CMR 22.13(2)(a) through (c) shall be kept on-site. All other records required to be kept by 454 CMR 22.13(2) shall be kept at the principal place of business of the Lead-safe Renovation Contractor. Lead-safe Renovation Contractors whose principal place of business is outside the Commonwealth shall present the records listed at 454 CMR 22.13(2)(d) and (e), or notarized copies of the same, to the Department, within five business days of the Director's request. (a) Copies of all Licenses required to be held by said Lead-safe Renovation Contractors and Deleading Contractors, Deleader-supervisors and Deleader Workers carrying out Renovation Work. (b) Copies of all Certifications (training certificates) required to be held by Lead-safe Renovator-supervisors carrying out Renovation Work. (c) Records related to lead paint testing. Records shall include, where applicable: 1. All applicable reports of lead testing conducted by Lead Paint Inspectors or Risk Assessors licensed pursuant to 105 CMR 460.000: Lead Poisoning Prevention and Control, including all certifications that lead-based paint is not present on the components affected by the Renovation Work, as referenced at 454 CMR 22.11(1)(a). 2. All results of lead testing conducted by the Certified Lead Safe Renovator-supervisor assigned to the project who has used a Recognized Test Kit to determine the presence of lead-based paint or paint debris in or on components that would be disturbed by the Renovation Work, as referenced at 454 CMR 22.11(1)(b). When test kits are used, the Lead-safe Renovation Contractor must, within 30 days of the completion of the renovation, provide information identifying the manufacturer and model of the test kits used, a description of the components that were tested including their locations, and the test kit results to the person who contracted for the renovation, and the property owner. 3. Copies of records regarding any collection of paint chip samples, including a description of the components that were tested, including their locations, the name and address of the NLLAP recognized entity performing the analysis, and the results of each sample [ref 40 CFR 745.86(b)(1)(iii)]. (d) Records relating to compliance with the lead hazard information distribution requirements specified by 454 CMR 22.11(8) and 40 CFR 745.84, including the applicable records required to be kept by 40 CFR 745.86(b)(2) through 745.86(b)(5). (e) Records Relating to Compliance with Work Practices. 1. A written certification that a Lead-safe Renovator-supervisor was assigned to the Project, provided oversight for the work and, where applicable, performed the post-renovation cleaning verification specified by 454 CMR 22.11(9)(h)1. and 454 CMR 22.91: Appendix 1. This documentation shall include a copy of the training certificate of the Lead-safe Renovator-supervisor. 2. A written certification by the Lead-safe Renovator-supervisor assigned to the Project that includes the elements specified at 40 CFR 745.86(b)(6). 3. If dust clearance sampling is performed in lieu of cleaning verification as permitted by 454 CMR 22.11(9)(h)2., the Lead-safe Renovation Contractor must retain said results as a record and provide, within 30 days of the completion of the Renovation, a copy of the dust sampling report to the person who contracted for the Renovation, and the property owner. (3) Licensed Providers of Deleading and Lead-Safe Renovation Training. Licensed Training Providers shall establish and maintain the records required by 454 CMR 22.07(6)(c) and shall make such records and documents available to the Director upon request. Licensed Training Providers whose principal place of business is outside Massachusetts shall provide notarized photocopies of such records within ten business days of receipt of a written request from the Director. (4) Record Retention. Records and documents required by 454 CMR 22.13 shall be retained for a period of three years, unless a longer period of time is required by any other federal or state agency. Entities or persons ceasing to do business shall so notify the Director in writing within 30 calendar days of such event. The Director, on receipt of such notification, may instruct that the records be surrendered to the Department, or may specify a repository for such records.