Duty of Owner(s) of Residential Premises

(A) Except as provided in 105 CMR 460.100(B) through (D), the owner(s) of a dwelling unit or residential premises containing dangerous levels of lead in any paint, plaster or other accessible structural material are required to obtain a Letter of Full Compliance or a Letter of Interim Control, in the following circumstances: (1) A child younger than six years old resides therein, whether or not the residential premises have been inspected pursuant to M.G.L. c. 111, § 194 or otherwise; or (2) The owner(s) receive an Order to Correct Violation(s) pursuant to M.G.L. c. 111, § 194 because the premises is occupied by a child younger than six years old at the time of the lead determination enforcement procedure or code enforcement lead inspection upon which the order is based, or a child younger than six years old who is lead poisoned as defined at 105 CMR 460.020 occupied the premises within the past 12 months. (3) The owner(s) receive an Order to Correct Violation(s) pursuant to M.G.L. c. 111, § 194 because the premises is occupied by a child younger than six years old who is lead poisoned as defined at 105 CMR 460.020 at the time of the lead determination enforcement procedure or code enforcement lead inspection upon which the order was based. In this case, the owner(s) shall be required to obtain a Letter of Full Compliance, and shall not be eligible for interim control. The Director may grant exceptions to the ineligibility for a Letter of Interim Control pursuant to specified conditions established on a case-by-case basis. (B) Whenever any residential premises containing dangerous levels of lead in paint, plaster or other accessible structural material undergoes a change of ownership and as a result a child younger than six years old will become or will continue to be a resident therein, the new owner shall have 90 days after becoming the owner to obtain a Letter of Full Compliance or a Letter of Interim Control, except that if a child younger than six years old who is lead poisoned resides therein, the owner shall not be eligible for interim control, unless the Director grants a waiver pursuant to 105 CMR 460.100(A)(3). (C) (1) A bank, lending institution, mortgage company or mortgagee shall be considered an owner for purposes of 105 CMR 460.000 whenever it takes actual physical possession and acquires legal title of the residential premises pursuant to applicable law. (2) A bank, lending institution, mortgage company or mortgagee shall within 90 days after acquiring legal title to a residential premises in which a child younger than six years old resides, either: (a) obtain a Letter of Full Compliance, or obtain a Letter of Interim Control, except that if a child younger than six years old who is lead poisoned resides therein, the owner shall not be eligible for interim control, unless the Director grants a waiver pursuant to 105 CMR 460.100(A)(3); or (b) transfer the property in compliance with the Property Transfer Lead Notification and Disclosure Procedure at 105 CMR 460.720. (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. (1) The owner(s) of a dwelling unit including, but not limited to, a private residence, condominium, hotel, motel or bed and breakfast establishment that is leased, rented or occupied for vacation or recreational purposes for a period of 31 days or less shall not be required to obtain a Letter of Full Compliance or a Letter of Interim Control, when a child younger than six years old is an occupant, upon meeting and maintaining the following conditions: (a) The owner or owner’s agent shall visually inspect at least annually all of the interior surfaces and the exterior casing, sash and sill of all windows of the particular dwelling unit, but not interior common areas if present, to ensure that there is no cracked or otherwise deteriorated plaster or putty or peeling, chipping or flaking paint. (b) Any peeling, chipping or flaking paint, deteriorated plaster or putty shall be made intact according to Department of Labor Standards regulations for maintenance work in 454 CMR 22.00: Deleading and Lead-safe Renovation Regulations. (c) The owner or owner’s agent shall fully complete and provide a copy of the Short Term Vacation Rental Notification issued by the Director to each tenant with a child younger than six years of age. The owner or owner’s agent and the tenant shall sign copies of the Notification and each shall retain a copy. If the owner or owner’s agent has provided the Notification, but the tenant refuses to sign it, the owner or owner’s agent may attach a statement that the tenant received the Notification but refused to sign. (d) If loose paint, plaster or putty is present on relevant surfaces of the dwelling unit, indicated at 105 CMR 460.100(D)(1)(a), or the owner fails to provide the Vacation Rental Notification in accordance with 105 CMR 460.100(D)(1)(c) through (g), the owner is not exempt from the requirements for abatement or containment at 105 CMR 460.110 or for interim control at 105 CMR 460.105 or liability for damages at 105 CMR 460.180. (2) An owner who complies with 105 CMR 460.100(D)(1) may rent a dwelling unit for as many periods of 31 days or less as he or she chooses, provided that the same tenant with a child younger than six years old does not occupy the same dwelling unit for a period of more than 31 days in any 12-month period. (3) An owner who complies with 105 CMR 460.100(D) is exempt from compliance with Tenant Lead Law Notification and Disclosure pursuant to 105 CMR 460.725. (E) The owner of a dwelling unit having fewer than 250 square feet of floor space, calculated on the basis of total habitable room area, or which is used as a rooming house, is exempt from the requirements of M.G.L. c. 111, §§ 189A through 199B and 105 CMR 460.000, provided that no child younger than six years old occupies said dwelling unit.