Notice of Results of Inspections, Risk Assessments, Reinspections, Post-compliance

Assessments and Lead Determination Enforcement Procedures (A) Lead inspectors and risk assessors shall follow procedures after performing a lead inspection, risk assessment, reinspection, post-compliance assessment or lead determination enforcement procedure as outlined in inspector training and refresher training and in policies and procedures as determined by the Director, including: (1) No Lead Hazards upon Initial Inspection. Upon determination that there are no lead hazards, and there is no evidence of unauthorized deleading, the lead inspector or risk assessor shall report this to the owner, the occupants of the dwelling unit and to the Director, in a format approved by the Director. The lead inspector or risk assessor shall issue a Letter of Full Initial Inspection Compliance to the owner. (2) Report of Inspection, Risk Assessment or Lead Determination Enforcement Procedure. (a) Whenever lead hazards or other violations of 105 CMR 460.000 are found by initial inspection or when urgent lead hazards are identified by a risk assessment, the lead inspector or risk assessor shall report this to the owner, to the occupants of the dwelling unit, and to the Director, on properly completed lead inspection or risk assessment report forms and in a format approved by the Director. These reports shall be accompanied by such information as required in policies and training materials approved by the Director. (b) These reports shall be sent by the following deadlines: 1. the end of the third working day after the inspection or risk assessment, if the inspection or risk assessment discloses a situation listed in 105 CMR 460.750(B)(2); unless; 2. the inspection or risk assessment was conducted as part of a Sanitary Code inspection, in which case the reports shall be sent within seven working days after the inspection or risk assessment; or 3. within ten working days after the inspection or risk assessment for all other inspections and risk assessments. (c) The owner shall send a copy of the inspection report or risk assessment report to all mortgagees and lienholders of record. (3) Report of Reinspection and Post-compliance Assessment. The lead inspector or risk assessor shall report the results of all reinspections, dust lead monitoring results and post-compliance assessments to the owner, the occupants of the dwelling unit and the Director, in a format approved by the Director, in accordance with the timelines in 105 CMR 460.750(A)(3)(b). If no lead violations are identified by a post-compliance assessment, the inspector shall issue the owner a Certification of Maintained Compliance, in accordance with 105 CMR 460.760(E)(1). If the post- compliance assessment reveals lead hazards or other violations of 105 CMR 460.000, results shall be accompanied by the notification information required by the policies on post-compliance assessment issued by the Director. See 105 CMR 460.760(E)(2). (B) Code enforcement inspectors shall use the following additional procedures after performing an inspection, the lead determination enforcement procedure, or a post-compliance assessment, and code enforcement lead determination inspectors shall use the following procedures after performing the lead determination enforcement procedure: (1) Notice to Owner. If the initial lead inspection, or lead determination enforcement procedure reveals lead violations in a dwelling unit or residential premises in which a child younger than six years old lives, the code enforcement inspector or code enforcement lead determination inspector shall provide a notice to the owner explaining that this constitutes a violation of the Lead Law, M.G.L. c. 111, § 197, and the State Sanitary Code, and that such lead violations may endanger or materially impair the health of occupants, especially children. The code enforcement inspector or code enforcement lead determination inspector shall provide the owner with all the information required by policies approved by the Director on methods of correcting violations to achieve full compliance or interim control. For post-compliance cases, the code enforcement inspector shall provide the owner with all information required bypost-compliance policies approved by the Director. (2) Order to Correct Violation(s). The code enforcement agency shall issue an Order to Correct Violation(s) when lead violations are identified upon initial inspection, by the lead determination enforcement procedure or by post-compliance assessment in cases covered by 105 CMR 460.760(E)(2)(c), in the dwelling unit in which a child younger than six years old resides, or in which a child younger than six years old who is lead poisoned has resided within the last 12 months. The agency shall also issue such an Order in post-compliance cases in which the 30-day repair period applies, or the owner was issued an Order to Repair Post-Compliance Violations, and failed to complete repairs and clean-up in accordance with 105 CMR 460.760(E)(2)(a). The Order to Correct Violation(s) shall state the enforcement deadlines that are applicable pursuant to 105 CMR 460.751 and shall also state: (a) The owner may become liable for civil punitive damages equal to treble any actual damages for willful failure to comply with the Order; and (b) If within the stipulated time periods the property is not brought into full compliance, full compliance is not restored, or interim controls are not completed, the code enforcement agency may contract with an authorized person or persons to correct the violations and obtain either a Letter of Full Compliance, a Certification of Restored Compliance, or, in the case of a child who is not lead poisoned, a Letter of Interim Control, and bill the owner, or initiate court action to reimburse itself.