Lead Hazards: Abatement and Containment Requirements for Full Compliance

(A) Violations of 105 CMR 460.000 also constitute violations of the State Sanitary Code (M.G.L. c. 111, § 127A) which requires corrections to be made in a workmanlike fashion, including restoring all parts of the residential premises to the condition they were in before occurrence of any such violations. Authorized persons shall perform work in accordance with the requirements of 105 CMR 460.000 and 454 CMR 22.00: Deleading and Lead-safe Renovation Regulations, and the safe work practices and procedures set out in training, educational materials, or in additional guidance approved by the Director or the Department of Labor Standards. Repainting with non-lead-based paint without abatement or containment of the offending paint, plaster, or other material, does not constitute compliance with M.G.L. c. 111, § 197. (B) Abatement or containment of lead-based paint, other coating, plaster or putty must be performed as follows: (1) Loose lead-based paint, other coating, plaster or putty on surfaces that are neither moveable impact surfaces nor accessible mouthable surfaces must be abated intact or contained. (2) Lead-based paint, other coating, plaster or putty on moveable impact surfaces shall be abated, or, with the exception of window sashes that are part of an interior habitable area or which need to be useable to meet ventilation requirements under the state Building Code (780 CMR), contained with an approved covering. In the case of metal windows, only lead-based paint or other coating on the sills shall be abated or contained. Other moveable impact surfaces on metal windows must be intact or, if loose, made intact. (3) Lead-based paint, other coating, plaster or putty shall be abated on accessible, mouthable surfaces to a height of five feet, and four inches in from each edge, or such surfaces may be contained. Encapsulants applied to suitable accessible, mouthable surfaces must be applied to the entire surface, rather than only to a height of five feet and only four inches in from each edge. (4) Lead-based paint, other coating, plaster or putty shall be abated on friction surfaces at all points of potential friction where the components meet. Stair treads must be abated in their entirety to the wall or balusters, or such surfaces may be covered. Friction surfaces may not be encapsulated. (C) Only authorized persons shall perform abatement or containment activities. The following authorized persons may perform the following categories of abatement and containment activities: (1) Licensed deleaders may perform all abatement and containment activities in accordance with the requirements of 105 CMR 460.000 and 454 CMR 22.00: Deleading and Lead-safe Renovation Regulations. (2) Authorized persons and owners and owners’ agents authorized to perform moderate-risk abatement may perform all moderate- and low-risk abatement and/or containment activities, subject to the requirement of 105 CMR 460.110(C)(3), in accordance with the requirements of 105 CMR 460.000 and 454 CMR 22.00: Deleading and Lead-safe Renovation Regulations. (3) An owner or owner’s agent authorized to perform only low-risk abatement and/or containment activities may perform only the activities set out at 105 CMR 460.175(A), subject to the requirements of 105 CMR 460.110(C)(4), and in compliance with all the requirements of 105 CMR 460.000.