Training and Licensure of Lead Inspectors and Risk Assessors

(A) Only those individuals duly licensed pursuant to 105 CMR 460.000 may conduct lead inspections or lead determinations, issue Letters of Full Compliance or engage in any other activity required by 105 CMR 460.000 to be performed by a lead inspector. Only those licensed inspectors duly licensed as risk assessors pursuant to 105 CMR 460.000 may perform risk assessments, issue Letters of Interim Control or engage in any other activity required by 105 CMR 460.000 to be performed by a risk assessor. (B) All lead inspectors, master inspectors, and risk assessors shall comply with the following conditions, as applicable: (1) Performance of all lead inspections, determinations, risk assessments, reinspections, lead dust sampling, post-compliance assessments and surface assessments, in compliance with M.G.L. c. 111, §§ 189A through 199B, 105 CMR 460.000 and policies established by the Director. (2) Use of a lead inspection and risk assessment report format approved by the State Program. (3) Maintenance of a file of all documentation pertaining to the performance of lead inspections, determinations, risk assessments, reinspections, lead dust sampling, post-compliance assessments and surface assessments conducted, with copies of the reports and results thereof, required to be kept by the Director. Such files must be maintained indefinitely and disposed of only upon approval of, and under conditions stipulated by, the Director. The Director shall be afforded access to the files or information contained therein upon request. (4) Compilation, maintenance and submission to the Director of such statistical information as required by the Director. (5) Distribution to clients of such informational or educational material as may be prescribed by the Director. (6) If sodium sulfide is used as the method for detecting lead paint, only sodium sulfide obtained from or approved by the State Program may be used. (7) Master inspectors shall be responsible for supervising the field apprenticeship required by 105 CMR 460.400(D) for provisional lead inspectors. When performing this role, they shall be responsible for ensuring that all requirements of 105 CMR 460.000 are met, and for correcting any errors or omissions made during the lead inspection or reinspection conducted as part of the field apprenticeship. (C) Lead Determinations. Lead inspectors may make determinations of the presence or absence of dangerous levels of lead on a limited number of selected surfaces in a dwelling unit or residential premises, provided that the results of such determinations are not represented as a lead inspection and are accompanied by an explicit written disclaimer that such determinations do not constitute a lead inspection. A comprehensive initial inspection must be performed prior to surfaces being abated or contained. (D) The Director shall establish and revise as necessary the content and requirements for lead inspector and risk assessor training. (1) Training shall include a field apprenticeship and classroom instruction. The State Program shall charge a fee for lead inspector training, as established by the Secretaryof Administration and Finance, when the State Program conducts such training. (2) Any lead inspector operating an X-ray fluorescence analyzer must also receive training from the manufacturer of the instrument and hold the appropriate license from the Department of Public Health’s Radiation Control Program. (3) Application for licensure as a lead inspector may be made following the successful completion of a training program conducted by the State Program or a certified lead inspector training provider, including attainment of an acceptable grade on an examination issued or approved by the State Program, and the field apprenticeship. (4) In order to be eligible to become a risk assessor, lead inspectors shall have completed a minimum of 25 inspections and reinspections, as a lead inspector within the two years prior to application as a risk assessor or have received a written waiver from the Director on the basis of other experience. (E) Procedure for Obtaining a License or Master Inspector Status. An applicant for licensure as a lead inspector or risk assessor, or to hold master inspector status, must submit to the State Program the following: (1) A completed application form prescribed by the Director; (2) Proof that the applicant has successfully completed the appropriate training required by 105 CMR 460.400(D); (3) Proof that the applicant using an X-ray fluorescence analyzer has received training from the manufacturer of the instrument and holds the appropriate license from the Department of Public Health’s Radiation Control Program; (4) Proof that the applicant is 18 years of age or older; (5) For applicants to hold master inspector status, proof that the inspector has also performed a minimum of 75 lead inspections and reinspections, at least 50 of which must be inspections, as a licensed lead inspector, and that the inspector has access to an X-ray fluorescence analyzer; (6) For obtaining licensure, a check in the amount of the entire annual fee as determined by the Secretary of Administration and Finance. The fee payment is not refundable should the Director deny the license for reasons specified in 105 CMR 460.400(H). (F)(1) Lead inspector and risk assessor licenses shall be valid for one year. Application for renewal shall be made at least 30 days prior to the expiration of a current license and such application, if complete, shall have the effect of a license until the State Program acts upon the renewal application. The Director may require annual continuing education as a condition for licensure. Applicants for licensure shall pay a fee in an amount determined annually by the Secretary of Administration and Finance. (2) Former lead inspectors and risk assessors who have allowed their licenses to lapse for one year or less and who wish to be relicensed must take any mandatory refresher trainings they missed during the period they were not licensed. If such refresher trainings are no longer available, they must take the full training course for lead inspectors or risk assessors, as appropriate. Former lead inspectors and risk assessors who have allowed their licenses to lapse for a period of more than one year and who wish to be relicensed must take the full lead inspector or risk assessor training course, as appropriate, and complete an abbreviated field apprenticeship, in accordance with policies approved by the Director. (G) The Director shall investigate all complaints regarding, and periodically monitor the quality of, lead determinations, lead inspections or risk assessments, reinspections or post compliance assessments of residential premises, dwelling units and common areas, day care facilities or schools. Investigations of complaints may lead to imposition of penalties on an inspector or risk assessor, including but not limited to, letters of warning, probationary period, required training, or suspension, revocation, denial of or refusal to renew a license or master lead inspector status. (H) Denial, Refusal to Renew, Suspension or Revocation of a License or of Master Inspector Status. The Director may deny, refuse to renew, suspend or revoke a license or status as a master inspector sought or issued under 105 CMR 460.000 upon a finding of sufficient cause. Applicants for licensure or master inspector status shall be advised by the Director in writing of the denial and reasons therefor. Applicants shall have the right to appeal the Director’s determination in accordance with M.G.L. c. 30A by submitting a written request for such hearing with 21 days of receiving notice of such denial. License holders and holders of master inspector status shall be advised by the Director in writing of the proposed suspension, revocation or refusal to renew the license or master inspector status and the reasons therefor. In the case of suspension, license holders and holders of master inspector status shall also be advised of the intended duration of suspension and any conditions that must be met before license or master inspector status reinstatement. License holders or holders of master inspector status shall have the right to a hearing in accordance with M.G.L. c. 30A on such proposed suspension, revocation or refusal to renew the license or master inspector status by submitting a written request to the Director within 21 days of receiving notification of the intended suspension, revocation or refusal to renew. Any one of the following reasons shall be sufficient cause: (1) Failure to submit the information or documentation required for licensure under 105 CMR 460.000. (2) Failure to pay licensure fees. (3) Submission of an application containing incorrect, false or misleading information. (4) Violation of any provision of M.G.L. c. 111, §§ 189A through 199B, 105 CMR 460.000 or 454 CMR 22.00: Deleading and Lead-safe Renovation Regulations. (5) Engaging in fraudulent or deceptive practice. (6) Failure to successfully complete required training, retraining or continuing education. (7) For master inspectors, improperly supervising the field apprenticeship of provisional lead inspectors, including supervising such field apprenticeships while their master status has been suspended. (8) Knowingly aiding or abetting a person in performing lead inspection, abatement or containment activities requiring a particular licensure, certification or authorization they do not hold. (9) The license holder has been convicted of, pleaded guilty to, or has, in a judicial proceeding, admitted facts sufficient for a finding that he or she is guilty of, any criminal violation in connection with his or her activity as a lead inspector. (10) The applicant or license holder has been disciplined in another jurisdiction in any way by the applicable licensing authority for acts or conduct relating directly to his or her fitness to be licensed as a lead inspector. (11) Any other cause which the Director determines to be of such serious and compelling nature as to warrant suspension of, revocation of, or refusal to renew a license. (I) Suspension Prior to Hearing. The Director may summarily suspend the license of an inspector or a risk assessor if he determines that the license holder is an immediate threat to the public health or safety. Upon summary suspension of a license, the Director shall give the license holder written notice thereof, stating the reason(s) for the suspension. The summary suspension shall take effect immediately upon issuance of the notice. The Director shall provide an opportunity for a prompt hearing pursuant to the provisions of M.G.L. c. 30A after the issuance of a notice of summary suspension. The Director may also summarily suspend the license of an inspector or risk assessor for failure to complete required retraining or continuing education, and such summary suspension shall remain in effect until the license holder successfully complete such retraining or continuing education. (J) Refusal to Renew Based on Expiration of a License. If a lead inspector or risk assessor has allowed his or her license to expire and/or has failed to renew his or her license in accordance with the requirements of 105 CMR 460.000, the Director may, at his or her discretion: (1) Inform the applicant or license holder that his or her license has expired; (2) Offer the applicant or license holder an opportunity to submit a complete and current application within two weeks, or within such other time period as the Director may designate; and (3) Refuse to renew the license of the applicant or license holder without a hearing, unless the applicant or license holder submits a current and complete application within the time allowed. A lead inspector may not conduct lead determinations, lead inspections, issue letters of compliance or perform any other activities requiring a lead inspector’s license under 105 CMR 460.000 after his or her license has expired until a new license has been issued. A risk assessor may not conduct risk assessments, or any of the functions of a risk assessor, after his or her risk assessor license has expired until a new license has been issued. (K) Denial, Revocation, Suspension or Refusal to Renew a License Based on Failure to File Reports or Pay Fines. No hearing shall be afforded where denial, revocation, suspension or refusal to renew a license is based solely upon the failure of the applicant or license holder to file timely reports or applications, or to pay lawfully prescribed fees, pursuant to M.G.L. c. 30A, § 13(3). (L) Administrative and Judicial Review. The recommended decision of a Hearing Officer in any adjudicatory proceeding conducted under 105 CMR 460.400 shall be reviewed by the Commissioner. The Commissioner’s decision upon this review shall constitute a final agency decision in an adjudicatory proceeding subject to judicial review pursuant to M.G.L. c. 30A, § 14. Any applicant or license holder who fails to exercise his or her right to an adjudicatory proceeding under 105 CMR 460.400 waives both his or her right to administrative review by the Commissioner and his or her right to judicial review pursuant to M.G.L. c. 30A, § 14. (M) Only code enforcement inspectors who are employees of the State Program, its designated representatives, local boards of health or code enforcement agencies are authorized to conduct lead inspections, risk assessments, and post-compliance assessments of dwelling units of lead poisoned children, and reinspections of dwelling units in which a lead poisoned child resided at the time of the initial lead inspection or post-compliance assessment. The Director may grant exceptions to this requirement on a case-by-case basis. (N) All inspectors are required to provide notice of inspection, reinspection, determination and post- compliance assessment results, and Letters of Full Compliance as specified in 105 CMR 460.750. All risk assessors are required to provide notice of risk assessment and reinspection results, and Letters of Interim Control, as specified in 105 CMR 460.750. (O) As a condition of licensure, inspectors and risk assessors shall agree to testify in enforcement proceedings initiated on the basis of the results of inspections and/or reinspections or risk assessments they perform. (P) Inspectors and risk assessors shall not conduct lead inspections, reinspections, determinations, risk assessments or post-compliance assessments, or assess surfaces for encapsulation purposes in any circumstance in which they have a financial or other conflict of interest. A conflict of interest shall include, but not be limited to the following: (1) any situation in which an inspector or risk assessor or any member of the inspector’s or risk assessor’s family has any beneficial interest in the property or expects or intends to acquire a beneficial interest in the property including, but not limited to, an ownership interest or a commission on the sale of the property; (2) any situation in which the inspector, the risk assessor or the business entity for which he or she works performs or has contracted to perform in whole or in part the deleading work on the residential premises or dwelling unit; (3) any situation in which any member of the inspector’s or risk assessor’s family or a business entity owned by or employing the family member of the inspector or risk assessor performs or has contracted to perform the deleading work on the residential premises or dwelling unit; and (4) any situation in which the inspector or risk assessor has been paid or promised payment, or has received or promised any other form of compensation, by a deleading contractor. (Q) Lead inspectors and risk assessors who are certified training providers shall not conduct reinspections in situations in which they have trained the owner or owner’s agent who performed the abatement and/or containment work.