Guide to Obtaining a Letter of Lead Compliance in Massachusetts

The Letter of Full Deleading Compliance (often referred to simply as the “Letter of Compliance”) is a legally binding document that certifies a residential property built before 1978 meets the requirements of the Massachusetts Lead Law (M.G.L. c. 111, §§ 189A–199B) regarding lead hazards.

Phase 1: Inspection and Identification of Hazards

The compliance process always begins with a comprehensive, professional inspection.

Step 1: Hire a Licensed Lead Inspector

You must hire a Massachusetts-licensed Lead Inspector (or Risk Assessor) to perform a full, comprehensive inspection of the property.

• The inspector is required to test all painted surfaces, both interior and exterior, as well as common areas (hallways, stairs, basements) and the surrounding yard, for the presence of lead paint.

• The inspector will use an X-ray fluorescence (XRF) analyzer and take samples of dust and soil to determine the extent and location of lead hazards.

Step 2: Receive the Lead Inspection Report

Within 10 business days of the inspection, the inspector must provide you with a Lead Inspection Report. This report is the definitive document that:

1. Identifies every surface containing lead paint.

2. Clearly specifies which of those surfaces constitute a lead hazard (e.g., peeling paint, lead paint on friction surfaces like windows, or accessible mouthable surfaces below five feet).

3. Outlines the mandatory work required to achieve full compliance (deleading).

Phase 2: Hazard Remediation (Deleading)

Once the hazards are identified, they must be removed or covered in a legally compliant manner.

Step 3: Choose a Compliance Path

Massachusetts offers two primary pathways toward permanent compliance:

Step 4: Perform the Deleading Work

The owner must now hire trained and licensed professionals to perform the required deleading work outlined in the inspection report.

• Licensed Deleader/Abatement Contractor: You must hire a licensed Deleader for all high-risk abatement work, such as paint removal, significant scraping, or replacing major components.

• Owner/Agent Low-Risk Work: The property owner, or an authorized agent who completes a special training course, can perform certain low-risk deleading tasks (such as covering specific surfaces or encapsulating with approved materials). This option still requires prior inspection and CLPPP authorization.

Step 5: Methods of Compliance

Deleading work must involve permanent removal or covering of the hazards. Common compliant methods include:

• Removal: Carefully scraping, wire-brushing, or using a chemical removal agent on lead paint and collecting all debris.

• Replacement: Removing lead-painted components entirely and replacing them with new, non-leaded parts (e.g., replacing old windows or doors).

• Encapsulation: Applying a specialized liquid coating over intact lead paint to create a permanent, hard, non-removable barrier.

• Covering: Installing new, durable materials over a lead-painted surface (e.g., putting vinyl siding on the exterior or installing drywall over a wall).

Phase 3: Clearance and Certification

The final step confirms that the work was successful and the property is safe.

Step 6: Final Reinspection

Once all deleading work is complete, you must call the original licensed Lead Inspector (or another licensed inspector/risk assessor) back to the property for a final inspection.

• The inspector verifies that all surfaces identified in the initial report have been addressed and the method used (removal, covering, etc.) meets state regulations.

• The inspector will perform final clearance dust wipe tests in the work area to ensure the levels of lead dust are below the state’s stringent clearance standards.

Step 7: Issuance of the Letter of Compliance

If the property passes the final visual inspection and all dust wipe tests, the inspector is authorized to sign and issue the official Letter of Full Deleading Compliance to the property owner.

• This letter legally certifies that the property is free of lead hazards as of the date of the inspection.

• The property owner must then maintain the property by ensuring no peeling, chipping, or deteriorated paint occurs, thus preserving the compliance status.