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1 Hamilton Street - Lead inspectional reportPage 1 of 3 September 19, 2022 Achraf Toussirt 1 Hamilton St. Unit 3 Salem, MA 01970 Dear Achraf Toussirt: I did a Comprehensive Initial Inspection at the home or apartment you own at: 1 HAMILTON ST UNIT 3 SALEM. This inspection found lead in violation of the State Sanitary Code, 105 Code of Massachusetts Regulations (CMR) 410.750(J). This violation also constitutes a violation of the Lead Law, Massachusetts General Laws (MGL), chapter 111, section 197, and the Regulations for Lead Poisoning Prevention and Control, 105 CMR 460.000, set forth by the Massachusetts Department of Public Health. The law requires owners of homes or apartments built before 1978 to have lead violations deleaded for full compliance when a child under six years old lives there. If you already have a Letter of Compliance for this property, please complete the last page of the Order to Correct and send it to me within 14 days. The Order to Correct that comes with this letter has important information telling you: • what you need to do • what deadlines to meet • what documents you must send to this agency • who can do the necessary deleading work • what the penalties are for not meeting the requirements in the Order to Correct • what your options are if the property has been previously deleaded Please call me at 617-872-9867 as soon as possible to discuss this Order to Correct and how to meet the requirements. The following information explains the deleading process, if the property has not been deleaded previously. Page 2 of 3 Requirements for Doing Deleading Work Hiring a Lead Inspector Please refer to the first page of this letter and the enclosed report to determine if you need a comprehensive Lead Inspection. If the Code Enforcement Lead Inspector who sent you this package conducted a lead determination (a spot check for lead violations), you will need to hire a privately licensed lead inspector. To help you take the first step – getting a full inspection or risk assessment – a list of licensed private lead inspectors is enclosed. We recommend that you check references and make sure that the lead inspector is still licensed before hiring him or her. You can check on the license by calling the Massachusetts Department of Public Health’s Childhood Lead Poisoning Prevention Program (CLPPP) at 1-800-532-9571. CLPPP can also provide you with a list of licensed private risk assessors for interim control and other helpful materials, including brochures explaining the difference between deleading for full compliance and interim control. Again, you can get these by calling CLPPP at 1-800-532-9571 or by checking our website at www.state.ma.us/dph/clppp. High-risk deleading: If you need to or choose to have high-risk deleading work done, such as having lead paint stripped or scraped, you must hire a licensed Deleading Contractor. A list of licensed Deleading Contractors is enclosed. We recommend that you check references and make sure the Deleading Contractor is still licensed before signing a contract. You can check license information by calling the Department of Labor Standards (DLS) at 617- 626-6975 or by visiting their website at www.mass.gov/service-details/deleading. Moderate-risk deleading: Before you or your agent can do moderate-risk deleading work, such as removing windows and woodwork, you must take a course, pass a test, and get an authorization number from the Massachusetts Childhood Lead Poisoning Prevention Program (CLPPP). These courses are given by a number of groups and organizations at various places, times and prices. For a list of approved moderate-risk deleading training providers, call CLPPP at 1-800-532-9571 or visit our website at www.mass.gov/orgs/childhood-lead-poisoning-prevention- program. Remember that you still have to meet the deadlines listed in the Order to Correct. If a course for owners and their agents to do moderate-risk deleading is not available at a convenient time or place for you to meet the deadlines of this Order to Correct, you won’t be able to do moderate-risk deleading work yourself. In that case, you will then have to use other methods to delead, or hire a licensed Deleading Contractor. The licensed Deleading Contractor license number will begin with a “DC.” Depending upon the kinds of hazards found and how you want to address them, you may also be able to hire a professional to do moderate-risk deleading. This person, called a Lead-Safe Renovator, must have completed the 8 hour Lead-Safe Renovator training plus an additional 4 hour training on moderate-risk deleading. His or her authorization number will begin with an “MR.” To get a list of these licensed professionals, or to check their license information, call DLS at 617-626-6975 or by visiting their website at www.mass.gov/service-details/deleading. Low-risk deleading: Before you or your agent can do low-risk deleading work, such as covering surfaces, you must read the CLPPP low-risk deleading work booklet. After reading the booklet, you will take a self-corrected exam and mail it in to CLPPP. Once CLPPP receives the exam and reviews it, you will be assigned a low-risk deleading authorization number. If encapsulation is a suitable deleading method for your property, you must read CLPPP’s encapsulation booklet. After reading the booklet, you will take a self-corrected exam and send it in to CLPPP. Once CLPPP receives the exam and reviews it, you will be assigned an authorization number. To get a free copy of the low-risk deleading booklet, or the encapsulation training handbook, visit our website at www.mass.gov/orgs/childhood-lead-poisoning-prevention- program at the “Delead on My Own” quick link. Deleading work has to be done carefully to be safe. To protect the people who live in the home or apartment, you have to keep them out of the home or apartment, or area being worked on, in these ways: • All people and pets have to be temporarily moved from the home or apartment for the whole time that high- or moderate-risk deleading work is taking place inside the home or apartment. Page 3 of 3 You have to provide the residents with a reasonable alternative place to live for this period. People and pets who have been temporarily moved from their home or apartment can only come back after I have reinspected and determined it is appropriate for them to return. I will do this after reinspecting the home, including taking dust samples to assure that lead dust levels meet approved standards. This reinspection will be done at least three hours after deleading work is all done. • People and pets have to stay out of the work area while you or your agent complete most low-risk deleading work, structural repairs, or cleaning of lead dust. They also have to stay out of the work area while any deleading work is being done in common areas outside the home or apartment. In this case, they must have another regular way (not a fire escape) to go in and out of the building and they can use the area once the work is done and the work area is cleaned up. • People and pets have to stay out of the home or apartment for the workday while you or your agent apply encapsulants with an airless sprayer. They also have to stay out for the day during deleading in common areas when they do not have another regular way (not a fire escape) to go in and out of the building. When people and pets are out of their home or apartment for the day, it means they can come back to the home or apartment after cleanup at the end of the workday, and don’t have to be out overnight. All work for deleading has to be neatly and properly done, in a professional way, and the home or apartment has to be returned to a condition that meets the requirements of the State Sanitary Code, 105 CMR 410.000. Deleaded surfaces cannot be primed or repainted until after I have passed them at a reinspection. You have to give written notice about common area lead paint violations to all other residents of the building. The “Notice to Tenants of Lead Paint Hazards” is enclosed for that purpose. You also have to send a copy of the lead inspection report and any reinspection reports to all mortgagees and lienholders of record. If your property has been previously deleaded, you may be eligible for a 30-day maintenance period. Please fill out the last page of the Order to Correct and return it to me within 14 days to take advantage of this option. If you have questions about the Department of Public Health's Lead Poisoning Prevention and Control Regulations, 105 CMR 460.000, you can ask me, or call CLPPP at1-800-532-9571. If you have questions about the DLS Deleading and Lead-Safe Renovation Regulations, 454 CMR 22.00, you can ask me, or call DLS at 617-626-6975. Remember to refer to the attached Order to Correct for more information on what you have to do. Sincerely, ______________________________ Lisa Rosario, CLPPP Inspector Massachusetts Department of Public Health Bureau of Environmental Health Childhood Lead Poisoning Prevention Program DPH/BEH/CLPPP Telephone: 617-872-9867 Page 1 of 3 September 19, 2022 One Hamilton St Condominium Trust Joseph Henry Bayne III-Trustee 1 Hamilton St Unit 2 Salem, MA 01970 Dear One Hamilton St Condominium Trust: I did a Comprehensive Initial Inspection at the home or apartment you own at: 1 HAMILTON ST UNIT 3 SALEM. This inspection found lead in violation of the State Sanitary Code, 105 Code of Massachusetts Regulations (CMR) 410.750(J). This violation also constitutes a violation of the Lead Law, Massachusetts General Laws (MGL), chapter 111, section 197, and the Regulations for Lead Poisoning Prevention and Control, 105 CMR 460.000, set forth by the Massachusetts Department of Public Health. The law requires owners of homes or apartments built before 1978 to have lead violations deleaded for full compliance when a child under six years old lives there. If you already have a Letter of Compliance for this property, please complete the last page of the Order to Correct and send it to me within 14 days. The Order to Correct that comes with this letter has important information telling you: • what you need to do • what deadlines to meet • what documents you must send to this agency • who can do the necessary deleading work • what the penalties are for not meeting the requirements in the Order to Correct • what your options are if the property has been previously deleaded Please call me at 617-872-9867 as soon as possible to discuss this Order to Correct and how to meet the requirements. The following information explains the deleading process, if the property has not been deleaded previously. Page 2 of 3 Requirements for Doing Deleading Work Hiring a Lead Inspector Please refer to the first page of this letter and the enclosed report to determine if you need a comprehensive Lead Inspection. If the Code Enforcement Lead Inspector who sent you this package conducted a lead determination (a spot check for lead violations), you will need to hire a privately licensed lead inspector. To help you take the first step – getting a full inspection or risk assessment – a list of licensed private lead inspectors is enclosed. We recommend that you check references and make sure that the lead inspector is still licensed before hiring him or her. You can check on the license by calling the Massachusetts Department of Public Health’s Childhood Lead Poisoning Prevention Program (CLPPP) at 1-800-532-9571. CLPPP can also provide you with a list of licensed private risk assessors for interim control and other helpful materials, including brochures explaining the difference between deleading for full compliance and interim control. Again, you can get these by calling CLPPP at 1-800-532-9571 or by checking our website at www.state.ma.us/dph/clppp. High-risk deleading: If you need to or choose to have high-risk deleading work done, such as having lead paint stripped or scraped, you must hire a licensed Deleading Contractor. A list of licensed Deleading Contractors is enclosed. We recommend that you check references and make sure the Deleading Contractor is still licensed before signing a contract. You can check license information by calling the Department of Labor Standards (DLS) at 617- 626-6975 or by visiting their website at www.mass.gov/service-details/deleading. Moderate-risk deleading: Before you or your agent can do moderate-risk deleading work, such as removing windows and woodwork, you must take a course, pass a test, and get an authorization number from the Massachusetts Childhood Lead Poisoning Prevention Program (CLPPP). These courses are given by a number of groups and organizations at various places, times and prices. For a list of approved moderate-risk deleading training providers, call CLPPP at 1-800-532-9571 or visit our website at www.mass.gov/orgs/childhood-lead-poisoning-prevention- program. Remember that you still have to meet the deadlines listed in the Order to Correct. If a course for owners and their agents to do moderate-risk deleading is not available at a convenient time or place for you to meet the deadlines of this Order to Correct, you won’t be able to do moderate-risk deleading work yourself. In that case, you will then have to use other methods to delead, or hire a licensed Deleading Contractor. The licensed Deleading Contractor license number will begin with a “DC.” Depending upon the kinds of hazards found and how you want to address them, you may also be able to hire a professional to do moderate-risk deleading. This person, called a Lead-Safe Renovator, must have completed the 8 hour Lead-Safe Renovator training plus an additional 4 hour training on moderate-risk deleading. His or her authorization number will begin with an “MR.” To get a list of these licensed professionals, or to check their license information, call DLS at 617-626-6975 or by visiting their website at www.mass.gov/service-details/deleading. Low-risk deleading: Before you or your agent can do low-risk deleading work, such as covering surfaces, you must read the CLPPP low-risk deleading work booklet. After reading the booklet, you will take a self-corrected exam and mail it in to CLPPP. Once CLPPP receives the exam and reviews it, you will be assigned a low-risk deleading authorization number. If encapsulation is a suitable deleading method for your property, you must read CLPPP’s encapsulation booklet. After reading the booklet, you will take a self-corrected exam and send it in to CLPPP. Once CLPPP receives the exam and reviews it, you will be assigned an authorization number. To get a free copy of the low-risk deleading booklet, or the encapsulation training handbook, visit our website at www.mass.gov/orgs/childhood-lead-poisoning-prevention- program at the “Delead on My Own” quick link. Deleading work has to be done carefully to be safe. To protect the people who live in the home or apartment, you have to keep them out of the home or apartment, or area being worked on, in these ways: • All people and pets have to be temporarily moved from the home or apartment for the whole time that high- or moderate-risk deleading work is taking place inside the home or apartment. Page 3 of 3 You have to provide the residents with a reasonable alternative place to live for this period. People and pets who have been temporarily moved from their home or apartment can only come back after I have reinspected and determined it is appropriate for them to return. I will do this after reinspecting the home, including taking dust samples to assure that lead dust levels meet approved standards. This reinspection will be done at least three hours after deleading work is all done. • People and pets have to stay out of the work area while you or your agent complete most low-risk deleading work, structural repairs, or cleaning of lead dust. They also have to stay out of the work area while any deleading work is being done in common areas outside the home or apartment. In this case, they must have another regular way (not a fire escape) to go in and out of the building and they can use the area once the work is done and the work area is cleaned up. • People and pets have to stay out of the home or apartment for the workday while you or your agent apply encapsulants with an airless sprayer. They also have to stay out for the day during deleading in common areas when they do not have another regular way (not a fire escape) to go in and out of the building. When people and pets are out of their home or apartment for the day, it means they can come back to the home or apartment after cleanup at the end of the workday, and don’t have to be out overnight. All work for deleading has to be neatly and properly done, in a professional way, and the home or apartment has to be returned to a condition that meets the requirements of the State Sanitary Code, 105 CMR 410.000. Deleaded surfaces cannot be primed or repainted until after I have passed them at a reinspection. You have to give written notice about common area lead paint violations to all other residents of the building. The “Notice to Tenants of Lead Paint Hazards” is enclosed for that purpose. You also have to send a copy of the lead inspection report and any reinspection reports to all mortgagees and lienholders of record. If your property has been previously deleaded, you may be eligible for a 30-day maintenance period. Please fill out the last page of the Order to Correct and return it to me within 14 days to take advantage of this option. If you have questions about the Department of Public Health's Lead Poisoning Prevention and Control Regulations, 105 CMR 460.000, you can ask me, or call CLPPP at1-800-532-9571. If you have questions about the DLS Deleading and Lead-Safe Renovation Regulations, 454 CMR 22.00, you can ask me, or call DLS at 617-626-6975. Remember to refer to the attached Order to Correct for more information on what you have to do. Sincerely, ______________________________ Lisa Rosario, CLPPP Inspector Massachusetts Department of Public Health Bureau of Environmental Health Childhood Lead Poisoning Prevention Program DPH/BEH/CLPPP Telephone: 617-872-9867 Page 1 of 3 September 19, 2022 One Hamilton St Condominium Trust Keely Meyer-Trustee 1 Hamilton St. Unit 1 Salem, MA 01970 Dear One Hamilton St Condominium Trust: I did a Comprehensive Initial Inspection at the home or apartment you own at: 1 HAMILTON ST UNIT 3 SALEM. This inspection found lead in violation of the State Sanitary Code, 105 Code of Massachusetts Regulations (CMR) 410.750(J). This violation also constitutes a violation of the Lead Law, Massachusetts General Laws (MGL), chapter 111, section 197, and the Regulations for Lead Poisoning Prevention and Control, 105 CMR 460.000, set forth by the Massachusetts Department of Public Health. The law requires owners of homes or apartments built before 1978 to have lead violations deleaded for full compliance when a child under six years old lives there. If you already have a Letter of Compliance for this property, please complete the last page of the Order to Correct and send it to me within 14 days. The Order to Correct that comes with this letter has important information telling you: • what you need to do • what deadlines to meet • what documents you must send to this agency • who can do the necessary deleading work • what the penalties are for not meeting the requirements in the Order to Correct • what your options are if the property has been previously deleaded Please call me at 617-872-9867 as soon as possible to discuss this Order to Correct and how to meet the requirements. The following information explains the deleading process, if the property has not been deleaded previously. Page 2 of 3 Requirements for Doing Deleading Work Hiring a Lead Inspector Please refer to the first page of this letter and the enclosed report to determine if you need a comprehensive Lead Inspection. If the Code Enforcement Lead Inspector who sent you this package conducted a lead determination (a spot check for lead violations), you will need to hire a privately licensed lead inspector. To help you take the first step – getting a full inspection or risk assessment – a list of licensed private lead inspectors is enclosed. We recommend that you check references and make sure that the lead inspector is still licensed before hiring him or her. You can check on the license by calling the Massachusetts Department of Public Health’s Childhood Lead Poisoning Prevention Program (CLPPP) at 1-800-532-9571. CLPPP can also provide you with a list of licensed private risk assessors for interim control and other helpful materials, including brochures explaining the difference between deleading for full compliance and interim control. Again, you can get these by calling CLPPP at 1-800-532-9571 or by checking our website at www.state.ma.us/dph/clppp. High-risk deleading: If you need to or choose to have high-risk deleading work done, such as having lead paint stripped or scraped, you must hire a licensed Deleading Contractor. A list of licensed Deleading Contractors is enclosed. We recommend that you check references and make sure the Deleading Contractor is still licensed before signing a contract. You can check license information by calling the Department of Labor Standards (DLS) at 617- 626-6975 or by visiting their website at www.mass.gov/service-details/deleading. Moderate-risk deleading: Before you or your agent can do moderate-risk deleading work, such as removing windows and woodwork, you must take a course, pass a test, and get an authorization number from the Massachusetts Childhood Lead Poisoning Prevention Program (CLPPP). These courses are given by a number of groups and organizations at various places, times and prices. For a list of approved moderate-risk deleading training providers, call CLPPP at 1-800-532-9571 or visit our website at www.mass.gov/orgs/childhood-lead-poisoning-prevention- program. Remember that you still have to meet the deadlines listed in the Order to Correct. If a course for owners and their agents to do moderate-risk deleading is not available at a convenient time or place for you to meet the deadlines of this Order to Correct, you won’t be able to do moderate-risk deleading work yourself. In that case, you will then have to use other methods to delead, or hire a licensed Deleading Contractor. The licensed Deleading Contractor license number will begin with a “DC.” Depending upon the kinds of hazards found and how you want to address them, you may also be able to hire a professional to do moderate-risk deleading. This person, called a Lead-Safe Renovator, must have completed the 8 hour Lead-Safe Renovator training plus an additional 4 hour training on moderate-risk deleading. His or her authorization number will begin with an “MR.” To get a list of these licensed professionals, or to check their license information, call DLS at 617-626-6975 or by visiting their website at www.mass.gov/service-details/deleading. Low-risk deleading: Before you or your agent can do low-risk deleading work, such as covering surfaces, you must read the CLPPP low-risk deleading work booklet. After reading the booklet, you will take a self-corrected exam and mail it in to CLPPP. Once CLPPP receives the exam and reviews it, you will be assigned a low-risk deleading authorization number. If encapsulation is a suitable deleading method for your property, you must read CLPPP’s encapsulation booklet. After reading the booklet, you will take a self-corrected exam and send it in to CLPPP. Once CLPPP receives the exam and reviews it, you will be assigned an authorization number. To get a free copy of the low-risk deleading booklet, or the encapsulation training handbook, visit our website at www.mass.gov/orgs/childhood-lead-poisoning-prevention- program at the “Delead on My Own” quick link. Deleading work has to be done carefully to be safe. To protect the people who live in the home or apartment, you have to keep them out of the home or apartment, or area being worked on, in these ways: • All people and pets have to be temporarily moved from the home or apartment for the whole time that high- or moderate-risk deleading work is taking place inside the home or apartment. Page 3 of 3 You have to provide the residents with a reasonable alternative place to live for this period. People and pets who have been temporarily moved from their home or apartment can only come back after I have reinspected and determined it is appropriate for them to return. I will do this after reinspecting the home, including taking dust samples to assure that lead dust levels meet approved standards. This reinspection will be done at least three hours after deleading work is all done. • People and pets have to stay out of the work area while you or your agent complete most low-risk deleading work, structural repairs, or cleaning of lead dust. They also have to stay out of the work area while any deleading work is being done in common areas outside the home or apartment. In this case, they must have another regular way (not a fire escape) to go in and out of the building and they can use the area once the work is done and the work area is cleaned up. • People and pets have to stay out of the home or apartment for the workday while you or your agent apply encapsulants with an airless sprayer. They also have to stay out for the day during deleading in common areas when they do not have another regular way (not a fire escape) to go in and out of the building. When people and pets are out of their home or apartment for the day, it means they can come back to the home or apartment after cleanup at the end of the workday, and don’t have to be out overnight. All work for deleading has to be neatly and properly done, in a professional way, and the home or apartment has to be returned to a condition that meets the requirements of the State Sanitary Code, 105 CMR 410.000. Deleaded surfaces cannot be primed or repainted until after I have passed them at a reinspection. You have to give written notice about common area lead paint violations to all other residents of the building. The “Notice to Tenants of Lead Paint Hazards” is enclosed for that purpose. You also have to send a copy of the lead inspection report and any reinspection reports to all mortgagees and lienholders of record. If your property has been previously deleaded, you may be eligible for a 30-day maintenance period. Please fill out the last page of the Order to Correct and return it to me within 14 days to take advantage of this option. If you have questions about the Department of Public Health's Lead Poisoning Prevention and Control Regulations, 105 CMR 460.000, you can ask me, or call CLPPP at1-800-532-9571. If you have questions about the DLS Deleading and Lead-Safe Renovation Regulations, 454 CMR 22.00, you can ask me, or call DLS at 617-626-6975. Remember to refer to the attached Order to Correct for more information on what you have to do. Sincerely, ______________________________ Lisa Rosario, CLPPP Inspector Massachusetts Department of Public Health Bureau of Environmental Health Childhood Lead Poisoning Prevention Program DPH/BEH/CLPPP Telephone: 617-872-9867 Page 1 of 3 September 19, 2022 Kate Perez 1 Hamilton St. Unit 3 Salem, MA 01970 Dear Kate Perez: I did a Comprehensive Initial Inspection at the home or apartment you own at: 1 HAMILTON ST UNIT 3 SALEM. This inspection found lead in violation of the State Sanitary Code, 105 Code of Massachusetts Regulations (CMR) 410.750(J). This violation also constitutes a violation of the Lead Law, Massachusetts General Laws (MGL), chapter 111, section 197, and the Regulations for Lead Poisoning Prevention and Control, 105 CMR 460.000, set forth by the Massachusetts Department of Public Health. The law requires owners of homes or apartments built before 1978 to have lead violations deleaded for full compliance when a child under six years old lives there. If you already have a Letter of Compliance for this property, please complete the last page of the Order to Correct and send it to me within 14 days. The Order to Correct that comes with this letter has important information telling you: • what you need to do • what deadlines to meet • what documents you must send to this agency • who can do the necessary deleading work • what the penalties are for not meeting the requirements in the Order to Correct • what your options are if the property has been previously deleaded Please call me at 617-872-9867 as soon as possible to discuss this Order to Correct and how to meet the requirements. The following information explains the deleading process, if the property has not been deleaded previously. Page 2 of 3 Requirements for Doing Deleading Work Hiring a Lead Inspector Please refer to the first page of this letter and the enclosed report to determine if you need a comprehensive Lead Inspection. If the Code Enforcement Lead Inspector who sent you this package conducted a lead determination (a spot check for lead violations), you will need to hire a privately licensed lead inspector. To help you take the first step – getting a full inspection or risk assessment – a list of licensed private lead inspectors is enclosed. We recommend that you check references and make sure that the lead inspector is still licensed before hiring him or her. You can check on the license by calling the Massachusetts Department of Public Health’s Childhood Lead Poisoning Prevention Program (CLPPP) at 1-800-532-9571. CLPPP can also provide you with a list of licensed private risk assessors for interim control and other helpful materials, including brochures explaining the difference between deleading for full compliance and interim control. Again, you can get these by calling CLPPP at 1-800-532-9571 or by checking our website at www.state.ma.us/dph/clppp. High-risk deleading: If you need to or choose to have high-risk deleading work done, such as having lead paint stripped or scraped, you must hire a licensed Deleading Contractor. A list of licensed Deleading Contractors is enclosed. We recommend that you check references and make sure the Deleading Contractor is still licensed before signing a contract. You can check license information by calling the Department of Labor Standards (DLS) at 617- 626-6975 or by visiting their website at www.mass.gov/service-details/deleading. Moderate-risk deleading: Before you or your agent can do moderate-risk deleading work, such as removing windows and woodwork, you must take a course, pass a test, and get an authorization number from the Massachusetts Childhood Lead Poisoning Prevention Program (CLPPP). These courses are given by a number of groups and organizations at various places, times and prices. For a list of approved moderate-risk deleading training providers, call CLPPP at 1-800-532-9571 or visit our website at www.mass.gov/orgs/childhood-lead-poisoning-prevention- program. Remember that you still have to meet the deadlines listed in the Order to Correct. If a course for owners and their agents to do moderate-risk deleading is not available at a convenient time or place for you to meet the deadlines of this Order to Correct, you won’t be able to do moderate-risk deleading work yourself. In that case, you will then have to use other methods to delead, or hire a licensed Deleading Contractor. The licensed Deleading Contractor license number will begin with a “DC.” Depending upon the kinds of hazards found and how you want to address them, you may also be able to hire a professional to do moderate-risk deleading. This person, called a Lead-Safe Renovator, must have completed the 8 hour Lead-Safe Renovator training plus an additional 4 hour training on moderate-risk deleading. His or her authorization number will begin with an “MR.” To get a list of these licensed professionals, or to check their license information, call DLS at 617-626-6975 or by visiting their website at www.mass.gov/service-details/deleading. Low-risk deleading: Before you or your agent can do low-risk deleading work, such as covering surfaces, you must read the CLPPP low-risk deleading work booklet. After reading the booklet, you will take a self-corrected exam and mail it in to CLPPP. Once CLPPP receives the exam and reviews it, you will be assigned a low-risk deleading authorization number. If encapsulation is a suitable deleading method for your property, you must read CLPPP’s encapsulation booklet. After reading the booklet, you will take a self-corrected exam and send it in to CLPPP. Once CLPPP receives the exam and reviews it, you will be assigned an authorization number. To get a free copy of the low-risk deleading booklet, or the encapsulation training handbook, visit our website at www.mass.gov/orgs/childhood-lead-poisoning-prevention- program at the “Delead on My Own” quick link. Deleading work has to be done carefully to be safe. To protect the people who live in the home or apartment, you have to keep them out of the home or apartment, or area being worked on, in these ways: • All people and pets have to be temporarily moved from the home or apartment for the whole time that high- or moderate-risk deleading work is taking place inside the home or apartment. Page 3 of 3 You have to provide the residents with a reasonable alternative place to live for this period. People and pets who have been temporarily moved from their home or apartment can only come back after I have reinspected and determined it is appropriate for them to return. I will do this after reinspecting the home, including taking dust samples to assure that lead dust levels meet approved standards. This reinspection will be done at least three hours after deleading work is all done. • People and pets have to stay out of the work area while you or your agent complete most low-risk deleading work, structural repairs, or cleaning of lead dust. They also have to stay out of the work area while any deleading work is being done in common areas outside the home or apartment. In this case, they must have another regular way (not a fire escape) to go in and out of the building and they can use the area once the work is done and the work area is cleaned up. • People and pets have to stay out of the home or apartment for the workday while you or your agent apply encapsulants with an airless sprayer. They also have to stay out for the day during deleading in common areas when they do not have another regular way (not a fire escape) to go in and out of the building. When people and pets are out of their home or apartment for the day, it means they can come back to the home or apartment after cleanup at the end of the workday, and don’t have to be out overnight. All work for deleading has to be neatly and properly done, in a professional way, and the home or apartment has to be returned to a condition that meets the requirements of the State Sanitary Code, 105 CMR 410.000. Deleaded surfaces cannot be primed or repainted until after I have passed them at a reinspection. You have to give written notice about common area lead paint violations to all other residents of the building. The “Notice to Tenants of Lead Paint Hazards” is enclosed for that purpose. You also have to send a copy of the lead inspection report and any reinspection reports to all mortgagees and lienholders of record. If your property has been previously deleaded, you may be eligible for a 30-day maintenance period. Please fill out the last page of the Order to Correct and return it to me within 14 days to take advantage of this option. If you have questions about the Department of Public Health's Lead Poisoning Prevention and Control Regulations, 105 CMR 460.000, you can ask me, or call CLPPP at1-800-532-9571. If you have questions about the DLS Deleading and Lead-Safe Renovation Regulations, 454 CMR 22.00, you can ask me, or call DLS at 617-626-6975. Remember to refer to the attached Order to Correct for more information on what you have to do. Sincerely, ______________________________ Lisa Rosario, CLPPP Inspector Massachusetts Department of Public Health Bureau of Environmental Health Childhood Lead Poisoning Prevention Program DPH/BEH/CLPPP Telephone: 617-872-9867 OTC –(30-60-90-120) Page 1 ORDER TO CORRECT VIOLATION(S) September 19, 2022 Achraf Toussirt 1 Hamilton St. Unit 3 Salem, MA 01970 Owner or agent of the property located at:1 HAMILTON ST UNIT 3 SALEM. Be advised that an agent of the Director of the Childhood Lead Poisoning Prevention Program (CLPPP) has determined certain portions of this residential property to be in violation of the State Sanitary Code, 105 Code of Massachusetts Regulations (CMR) 410.750(J). This violation also constitutes a violation of the Lead Law, Massachusetts General Laws (MGL), chapter 111, section 197, and the Regulations for Lead Poisoning Prevention and Control, 105 CMR 460.000, set forth by the Massachusetts Department of Public Health. The law requires owners of homes or apartments built before 1978 to have lead violations deleaded for full compliance when a child under six years old lives there. If you already have a Letter of Compliance for this property, please complete the last page of this Order to Correct and send it to your code enforcement lead inspector within 14 days. Conditions exist in this residence which may endanger and/or materially impair the health of the occupants of these premises. DECLARATION OF EMERGENCY The Director of the Massachusetts Childhood Lead Poisoning Prevention Program declares that the presence of this violation of the Lead Law and the Regulations for Lead Poisoning Prevention and Control constitutes an emergency pursuant to the Lead Law, MGL chapter 111, section 198 and within the meaning of the State Sanitary Code, 105 CMR 400.200(B). CORRECTION OF LEAD VIOLATION(S) The Lead Law, MGL, chapter 111, sections 189A-199B, and the Regulations for Lead Poisoning Prevention and Control, 105 CMR 460.000, require the owner of a residential premises or dwelling unit built before 1978 in which a child under the age of six lives have lead paint violations either abated or contained (referred to as “deleading”) for full compliance. The steps that you must follow are in the “Order” section. OTC –(30-60-90-120) Page 2 The Lead Law, the Regulations for Lead Poisoning Prevention and Control, and the Department of Labor Standards’ (DLS) Deleading and Lead-Safe Renovation Regulations, 454 CMR 22.00, require that residential deleading work be done by authorized people. The type of authorization will determine the method of deleading that can be done. There are three levels of deleading: High Risk Deleading Only licensed Deleading Contractors or Deleading Supervisors, who will be on-site conducting and/or overseeing deleading activities, can do high risk deleading activities. These activities include scraping, stripping, demolition, and making large amounts of loose paint intact. If this type of work is done on the interior of a unit, then the occupants must be temporarily relocated until the work is complete and the unit has passed a reoccupancy reinspection. Moderate Risk Deleading Moderate risk authorized owners/agents and licensed moderate risk deleaders (Lead-Safe Renovators who have completed the 8 hour Lead-Safe Renovator training plus an additional 4 hour training on moderate risk deleading whose license begins with an MR####) can do moderate (and low risk) deleading. These activities include removal and replacement of building components such as windows, and making a small amount of loose paint intact. If this type of work is done on the interior of a unit, then the occupants must be temporarily relocated until the work is complete and the unit has passed a reoccupancy reinspection. Owners interested in becoming trained and authorized to do moderate risk deleading should contact CLPPP at 1-800- 532-9571 for more information. Low Risk Deleading Low risk authorized owners and agents can do some minor deleading activities such as covering surfaces with approved coverings and encapsulating approved surfaces. Owners interested in becoming trained and authorized to do low risk deleading should contact CLPPP at 1-800-532- 9571 for more information. OTC –(30-60-90-120) Page 3 ORDER You are hereby ordered to remedy all violations of MGL, chapter 111, section 197 and 105 CMR 460.000, as identified in the comprehensive initial lead inspection report. You must correct the relevant violations in accordance with the following schedule: Timelines for Owners Applying for Financial Assistance: Within thirty (30) days of your receipt of this Order to Correct, you must provide proof of the following: 1. Written documentation of your efforts to secure financing. Examples include, but are not limited to, a copy of a loan application submitted to a lending institution or a governmental agency that offers home improvement and/or deleading loans. The documentation need not include those portions of a loan application that disclose personal financial data. The need for financial assistance does not relieve you of the obligation to obey this Order to Correct. Within sixty (60) days of your receipt of this Order to Correct, you must provide proof of the following: 1. An established deleading plan detailing who will be deleading and when the work will be done. Proof consists of at least one of the following: • A contract with a licensed Deleading Contractor, licensed moderate risk deleader (Lead- Safe Renovators who have completed the 8 hour Lead-Safe Renovator training plus an additional 4 hour training on moderate risk deleading whose license begins with an MR####), or low/moderate risk authorized owner/agent. To check on the license for Deleading Contractors and Lead-Safe Renovators who have completed the 8 hour Lead- Safe Renovator training plus an additional 4 hour training on moderate risk deleading whose license begins with an MR####, contact the Department of Labor Standards at 617-626-6975. To check on the authorization for low risk agents, such as vinyl siders or carpet layers, contact CLPPP at 1-800-532-9571. • If you or your agent will be doing the work, a copy of the authorization letter and a completed “Documentation of Training to be an Authorized Owner/Agent And Intention to Comply with the Order to Correct” form verifying that all work will be done within required timelines (see 90 day and 120 day requirements). This form is included in this package. Contracts with licensed/authorized people as well as an authorized owner or agent’s completed “Documentation of Training to be an Authorized Owner/Agent And Intention to Comply with the Order to Correct” form must also specify that the unit will meet acceptable lead dust levels under 105 CMR 460.170, as determined by the reinspection and dust wipe sampling. Should any of the dust samples fail to meet acceptable standards; the last authorized person who performed high- or moderate-risk work will be required to reclean the entire unit until all dust samples meet acceptable levels. If a low or moderate risk authorized person did the deleading and dust samples fail three times, a licensed Deleading Contractor will be required to reclean the entire unit until all dust samples meet acceptable levels. OTC –(30-60-90-120) Page 4 Within ninety (90) days of your receipt of this Order to Correct, the following work must be completed and reinspected (including passing dust wipes if required): 1. All high and moderate risk deleading on the interior of the unit must be complete, pass the visual reinspection, and dust wipes. Please note that if high or moderate risk activities are done on the interior, then encapsulation cannot be done until after all of the high and moderate risk work has been reinspected and dust wipes have passed. 2. Removal and replacement of doors, if chosen as the method of deleading, must be complete and pass visual reinspection. 3. Loose surfaces in the interior of the unit must be made intact by the appropriately authorized person, be covered, or otherwise deleaded and reinspected. This includes loose surfaces being prepared for encapsulation (DO NOT encapsulate these surfaces until after a successful reoccupancy reinspection). Making paint intact on the interior of a unit requires dust wipes at the reinspection. There cannot be any loose paint in the unit by the ninetieth day. Within one hundred and twenty (120) days of your receipt of this Order to Correct, the following work must be completed and reinspected (including passing dust wipes if required): 1. Any low risk activities on the interior of the unit that were not done by the 90th day deadline must be complete. This includes encapsulation of interior surfaces that were previously made intact. 2. All required deleading in the interior common areas and on the exterior must be complete, pass the visual reinspection, and dust wipes if they were not needed for a reoccupancy reinspection. Timelines for Owners NOT Applying for Financial Assistance: Within thirty (30) days of your receipt of this Order to Correct, you must provide proof of the following: 1. An established deleading plan detailing who will be deleading and when the work will be done. Proof consists of at least one of the following: • A contract with a licensed Deleading Contractor, licensed moderate risk deleader, (Lead- Safe Renovators who have completed the 8 hour Lead-Safe Renovator training plus an additional 4 hour training on moderate risk deleading whose license begins with an MR####), or low/moderate risk authorized owner/agent. To check on the license for Deleading Contractors and Lead-Safe Renovators who have completed the 8 hour Lead- Safe Renovator training plus an additional 4 hour training on moderate risk deleading whose license begins with an MR####, contact the Department of Labor Standards at OTC –(30-60-90-120) Page 5 617-626-6975. To check on the authorization for low risk agents, such as vinyl siders or carpet layers, contact CLPPP at 1-800-532-9571. • If you or your agent will be doing the work, a copy of the authorization letter and a completed “Documentation of Training to be an Authorized Owner/Agent And Intention to Comply with the Order to Correct” form verifying that all work will be done within required timelines (see 60 day and 90 day requirements). This form is included in this package. Contracts with licensed/authorized people as well as an authorized owner or agent’s completed “Documentation of Training to be an Authorized Owner/Agent And Intention to Comply with the Order to Correct” form must also specify that the unit will meet acceptable lead dust levels under 105 CMR 460.170, as determined by the reinspection and dust wipe sampling. Should any of the dust samples fail to meet acceptable standards; the last authorized person who performed high- or moderate-risk work will be required to reclean the entire unit until all dust samples meet acceptable levels. If a low or moderate risk authorized person did the deleading and dust samples fail three times, a licensed Deleading Contractor will be required to reclean the entire unit until all dust samples meet acceptable levels. Within sixty (60) days of your receipt of this Order to Correct, the following work must be completed and reinspected (including passing dust wipes if required): 1. All high and moderate risk deleading on the interior of the unit must be complete, pass the visual reinspection, and dust wipes. Please note that if high or moderate risk activities are done on the interior, then encapsulation cannot be done until after all of the high and moderate risk work has been reinspected and dust wipes have passed. 2. Removal and replacement of doors, if chosen as the method of deleading, must be complete and pass visual reinspection. 3. Loose surfaces in the interior of the unit must be made intact by the appropriately authorized person, be covered, or otherwise deleaded and reinspected. This includes loose surfaces being prepared for encapsulation (DO NOT encapsulate these surfaces until after a successful reoccupancy reinspection). Making paint intact on the interior of a unit requires dust wipes at the reinspection. There cannot be any loose paint in the unit by the sixtieth day. Within ninety (90) days of your receipt of this Order to Correct, the following work must be completed and reinspected (including passing dust wipes if required): 1. Any low risk activities on the interior of the unit that were not done by the 60th day deadline must be complete. This includes encapsulation of interior surfaces that were previously made intact. OTC –(30-60-90-120) Page 6 2. All required deleading in the interior common areas and on the exterior must be complete, pass the visual reinspection, and dust wipes if they were not needed for a reoccupancy reinspection. PROSECUTION AND CIVIL PUNITIVE DAMAGES Failure to comply with any of the deadlines set out above will require this agency to initiate criminal or civil proceedings against you within seven (7) business days. Compliance with this Order to Correct will be determined by this agency's issuance of the appropriate documents within the specified deadlines, as well as this agency's receipt of the appropriate documents within the specified deadlines. Documents should be sent to your code enforcement lead inspector (provide inspector name and business address). Documents required 1. For owners applying for financial assistance: Documents required by the 30th day deadline: ❑ Proof of your efforts to secure financing, including but not limited to, a copy of a loan application submitted to a lending institution or a governmental agency that offers home improvement and/or deleading loans. Documents required by the 60th day deadline: At least one of the following, although there may be a combination of documents: ❑ A contract with a licensed Deleading Contractor, licensed moderate risk deleader, (Lead-Safe Renovators who have completed the 8 hour Lead-Safe Renovator training plus an additional 4 hour training on moderate risk deleading whose license begins with an MR####), or low/moderate risk authorized owner/agent; ❑ A copy of an owner/agent authorization letter from CLPPP and a completed “Documentation of Training to be an Authorized Owner/Agent And Intention to Comply with the Order to Correct” form. Documents required by the 90th day deadline: ❑ A Letter of Lead Paint (Re)occupancy (Re)inspection Certification issued by your code enforcement lead inspector or another code enforcement lead inspector, in cases where high- or moderate-risk deleading work occurred, requiring occupants to be relocated from the unit for the duration of the work; ❑ Copies of results of all dust samples taken by your code enforcement lead inspector or another code enforcement lead inspector, and copies of all reinspection report(s) issued by your code enforcement lead inspector or another code enforcement lead inspector; ❑ Copies of any invoices documenting that all work to-date was conducted by appropriately authorized people. OTC –(30-60-90-120) Page 7 Documents required by the 120th day deadline: ❑ A Letter of Full Deleading Compliance (or, for previously deleaded properties, a Certification of Restored Compliance) issued by your code enforcement lead inspector or another code enforcement lead inspector; ❑ Copies of any invoices documenting that all remaining work was conducted by appropriately authorized people. 2. For owners NOT applying for financial assistance: Documents required by the 30th day deadline: At least one of the following, although there may be a combination of documents: ❑ A contract with a licensed Deleading Contractor, licensed moderate risk deleader, (Lead-Safe Renovators who have completed the 8 hour Lead-Safe Renovator training plus an additional 4 hour training on moderate risk deleading whose license begins with an MR####), or a low/moderate risk authorized owner/agent; ❑ A copy of an owner/agent authorization letter from CLPPP and a completed “Documentation of Training to be an Authorized Owner/Agent And Intention to Comply with the Order to Correct” Form. Documents required by the 60th day deadline: ❑ A Letter of Lead Paint (Re)occupancy (Re)inspection Certification issued by your code enforcement lead inspector or another code enforcement lead inspector, in cases where high- or moderate-risk deleading work occurred, requiring occupants to be relocated from the unit for the duration of the work; ❑ Copies of results of all dust samples taken by your code enforcement lead inspector or another code enforcement lead inspector, and copies of all reinspection report(s) issued by your code enforcement lead inspector or another code enforcement lead inspector; ❑ Copies of any invoices documenting that all work to-date was conducted by appropriately authorized people. Documents required by the 90th day deadline: ❑ A Letter of Full Deleading Compliance (or, for previously deleaded properties, a Certification of Restored Compliance) issued by your code enforcement lead inspector or another code enforcement lead inspector; ❑ Copies of any invoices documenting that all remaining work was conducted by appropriately authorized people. In all cases, the owner must ensure that a copy of the deleading notification is sent to this agency at least ten (10) days before the start of any deleading, no matter who is performing the work. OTC –(30-60-90-120) Page 8 The law provides penalties of up to $500 for each day of noncompliance. In addition, you may become liable for civil punitive damages equal to three times any actual damages for failure to comply with this Order to Correct if a child becomes poisoned. CORRECTION OF VIOLATION BY CODE ENFORCEMENT AGENCY If within the time periods stipulated above this residential property is not brought into full compliance, this agency may contract with an authorized person or authorized persons to correct the violation(s) and obtain a Letter of Full Deleading Compliance, and bill the owner, or initiate court action to reimburse itself. RIGHT TO A HEARING You may request a hearing pursuant to 105 CMR 460.900 of the Regulations for Lead Poisoning Prevention and Control, in conjunction with the procedures of 105 CMR 400.200(B), the Sanitary Code provision for hearings in emergency public health matters. As already noted, the aforementioned violation constitutes an emergency. (See “Declaration of Emergency” section.) As such, you may request a hearing only if you have complied with this Order to Correct. The hearing will be provided within ten days of your request. This agency shall issue a written decision within seven days after the hearing. FEDERAL REGULATIONS Some federal financial assistance programs require additional environmental investigation. If you are planning on or have applied for a federal loan program, please contact your code enforcement lead inspector as soon as possible in order to discuss further requirements. Please have the name of the loan program and the local agency administering the program when you call. __________________________ __________________________ Lisa Rosario, Inspector Director Terry Howard Massachusetts Department of Public Health Bureau of Environmental Health Childhood Lead Poisoning Prevention Program (DPH/BEH/CLPPP) Telephone: 617-872-9867 OTC –(30-60-90-120) Page 9 If your property already has a Letter of Compliance, you must fill out this form and return it to your code enforcement lead inspector within 14 days. Please include copies of ALL your lead- related paperwork for this address. Your code enforcement lead inspector will review the paperwork for this address and contact you to schedule a post-compliance assessment determination (PCAD). Upon this review and a site visit, you may be eligible for a 30-day maintenance period, during which you may be able to fix the hazards yourself and your Letter of Compliance remains valid. Failure to return this form to your code enforcement lead inspector within 14 days may disqualify you from this option, requiring you to follow all of the rules and timelines outlined in this Order to Correct. Only a code enforcement lead inspector can do the required inspection work for previously complied properties. The inspection and reinspection services are provided for free. Please complete and return this form immediately in order to take full advantage of this 30-day maintenance period. Please print clearly: NAME: ___________________________________________ DATE:_____________ ADDRESS: ___________________________________________________ ________________________________________ ZIP CODE: ___________ TELEPHONE NUMBER: (_____)___________________________________ ADDRESS OF THE PROPERTY CITED: _____________________________________ _________________________________________________ ZIP CODE: ____________ OCCUPANT(S) NAME: ____________________________________________________ OCCUPANT’S TELEPHONE NUMBER: (____)_______________________________ Please check off which documents you have attached to this form: ❑ Lead Inspection Report ❑ Risk Assessment Report ❑ Letter of Full Initial Inspection Compliance ❑ Letter of Abatement Compliance ❑ Letter of Full Deleading Compliance ❑ Letter of Interim Control ❑ Certificate of Maintained Compliance ❑ Certificate of Restored Compliance Other:________________________________________________________________________ _____________________________________________________________________________ OTC –(30-60-90-120) Page 10 OTC –(30-60-90-120) Page 1 ORDER TO CORRECT VIOLATION(S) September 19, 2022 One Hamilton St Condominium Trust Joseph Henry Bayne III-Trustee 1 Hamilton St Unit 2 Salem, MA 01970 Owner or agent of the property located at:1 HAMILTON ST UNIT 3 SALEM. Be advised that an agent of the Director of the Childhood Lead Poisoning Prevention Program (CLPPP) has determined certain portions of this residential property to be in violation of the State Sanitary Code, 105 Code of Massachusetts Regulations (CMR) 410.750(J). This violation also constitutes a violation of the Lead Law, Massachusetts General Laws (MGL), chapter 111, section 197, and the Regulations for Lead Poisoning Prevention and Control, 105 CMR 460.000, set forth by the Massachusetts Department of Public Health. The law requires owners of homes or apartments built before 1978 to have lead violations deleaded for full compliance when a child under six years old lives there. If you already have a Letter of Compliance for this property, please complete the last page of this Order to Correct and send it to your code enforcement lead inspector within 14 days. Conditions exist in this residence which may endanger and/or materially impair the health of the occupants of these premises. DECLARATION OF EMERGENCY The Director of the Massachusetts Childhood Lead Poisoning Prevention Program declares that the presence of this violation of the Lead Law and the Regulations for Lead Poisoning Prevention and Control constitutes an emergency pursuant to the Lead Law, MGL chapter 111, section 198 and within the meaning of the State Sanitary Code, 105 CMR 400.200(B). CORRECTION OF LEAD VIOLATION(S) The Lead Law, MGL, chapter 111, sections 189A-199B, and the Regulations for Lead Poisoning Prevention and Control, 105 CMR 460.000, require the owner of a residential premises or dwelling unit built before 1978 in which a child under the age of six lives have lead paint violations either abated or contained (referred to as “deleading”) for full compliance. The steps that you must follow are in the “Order” section. OTC –(30-60-90-120) Page 2 The Lead Law, the Regulations for Lead Poisoning Prevention and Control, and the Department of Labor Standards’ (DLS) Deleading and Lead-Safe Renovation Regulations, 454 CMR 22.00, require that residential deleading work be done by authorized people. The type of authorization will determine the method of deleading that can be done. There are three levels of deleading: High Risk Deleading Only licensed Deleading Contractors or Deleading Supervisors, who will be on-site conducting and/or overseeing deleading activities, can do high risk deleading activities. These activities include scraping, stripping, demolition, and making large amounts of loose paint intact. If this type of work is done on the interior of a unit, then the occupants must be temporarily relocated until the work is complete and the unit has passed a reoccupancy reinspection. Moderate Risk Deleading Moderate risk authorized owners/agents and licensed moderate risk deleaders (Lead-Safe Renovators who have completed the 8 hour Lead-Safe Renovator training plus an additional 4 hour training on moderate risk deleading whose license begins with an MR####) can do moderate (and low risk) deleading. These activities include removal and replacement of building components such as windows, and making a small amount of loose paint intact. If this type of work is done on the interior of a unit, then the occupants must be temporarily relocated until the work is complete and the unit has passed a reoccupancy reinspection. Owners interested in becoming trained and authorized to do moderate risk deleading should contact CLPPP at 1-800- 532-9571 for more information. Low Risk Deleading Low risk authorized owners and agents can do some minor deleading activities such as covering surfaces with approved coverings and encapsulating approved surfaces. Owners interested in becoming trained and authorized to do low risk deleading should contact CLPPP at 1-800-532- 9571 for more information. OTC –(30-60-90-120) Page 3 ORDER You are hereby ordered to remedy all violations of MGL, chapter 111, section 197 and 105 CMR 460.000, as identified in the comprehensive initial lead inspection report. You must correct the relevant violations in accordance with the following schedule: Timelines for Owners Applying for Financial Assistance: Within thirty (30) days of your receipt of this Order to Correct, you must provide proof of the following: 2. Written documentation of your efforts to secure financing. Examples include, but are not limited to, a copy of a loan application submitted to a lending institution or a governmental agency that offers home improvement and/or deleading loans. The documentation need not include those portions of a loan application that disclose personal financial data. The need for financial assistance does not relieve you of the obligation to obey this Order to Correct. Within sixty (60) days of your receipt of this Order to Correct, you must provide proof of the following: 2. An established deleading plan detailing who will be deleading and when the work will be done. Proof consists of at least one of the following: • A contract with a licensed Deleading Contractor, licensed moderate risk deleader (Lead- Safe Renovators who have completed the 8 hour Lead-Safe Renovator training plus an additional 4 hour training on moderate risk deleading whose license begins with an MR####), or low/moderate risk authorized owner/agent. To check on the license for Deleading Contractors and Lead-Safe Renovators who have completed the 8 hour Lead- Safe Renovator training plus an additional 4 hour training on moderate risk deleading whose license begins with an MR####, contact the Department of Labor Standards at 617-626-6975. To check on the authorization for low risk agents, such as vinyl siders or carpet layers, contact CLPPP at 1-800-532-9571. • If you or your agent will be doing the work, a copy of the authorization letter and a completed “Documentation of Training to be an Authorized Owner/Agent And Intention to Comply with the Order to Correct” form verifying that all work will be done within required timelines (see 90 day and 120 day requirements). This form is included in this package. Contracts with licensed/authorized people as well as an authorized owner or agent’s completed “Documentation of Training to be an Authorized Owner/Agent And Intention to Comply with the Order to Correct” form must also specify that the unit will meet acceptable lead dust levels under 105 CMR 460.170, as determined by the reinspection and dust wipe sampling. Should any of the dust samples fail to meet acceptable standards; the last authorized person who performed high- or moderate-risk work will be required to reclean the entire unit until all dust samples meet acceptable levels. If a low or moderate risk authorized person did the deleading and dust samples fail three times, a licensed Deleading Contractor will be required to reclean the entire unit until all dust samples meet acceptable levels. OTC –(30-60-90-120) Page 4 Within ninety (90) days of your receipt of this Order to Correct, the following work must be completed and reinspected (including passing dust wipes if required): 4. All high and moderate risk deleading on the interior of the unit must be complete, pass the visual reinspection, and dust wipes. Please note that if high or moderate risk activities are done on the interior, then encapsulation cannot be done until after all of the high and moderate risk work has been reinspected and dust wipes have passed. 5. Removal and replacement of doors, if chosen as the method of deleading, must be complete and pass visual reinspection. 6. Loose surfaces in the interior of the unit must be made intact by the appropriately authorized person, be covered, or otherwise deleaded and reinspected. This includes loose surfaces being prepared for encapsulation (DO NOT encapsulate these surfaces until after a successful reoccupancy reinspection). Making paint intact on the interior of a unit requires dust wipes at the reinspection. There cannot be any loose paint in the unit by the ninetieth day. Within one hundred and twenty (120) days of your receipt of this Order to Correct, the following work must be completed and reinspected (including passing dust wipes if required): 3. Any low risk activities on the interior of the unit that were not done by the 90th day deadline must be complete. This includes encapsulation of interior surfaces that were previously made intact. 4. All required deleading in the interior common areas and on the exterior must be complete, pass the visual reinspection, and dust wipes if they were not needed for a reoccupancy reinspection. Timelines for Owners NOT Applying for Financial Assistance: Within thirty (30) days of your receipt of this Order to Correct, you must provide proof of the following: 2. An established deleading plan detailing who will be deleading and when the work will be done. Proof consists of at least one of the following: • A contract with a licensed Deleading Contractor, licensed moderate risk deleader, (Lead- Safe Renovators who have completed the 8 hour Lead-Safe Renovator training plus an additional 4 hour training on moderate risk deleading whose license begins with an MR####), or low/moderate risk authorized owner/agent. To check on the license for Deleading Contractors and Lead-Safe Renovators who have completed the 8 hour Lead- Safe Renovator training plus an additional 4 hour training on moderate risk deleading whose license begins with an MR####, contact the Department of Labor Standards at OTC –(30-60-90-120) Page 5 617-626-6975. To check on the authorization for low risk agents, such as vinyl siders or carpet layers, contact CLPPP at 1-800-532-9571. • If you or your agent will be doing the work, a copy of the authorization letter and a completed “Documentation of Training to be an Authorized Owner/Agent And Intention to Comply with the Order to Correct” form verifying that all work will be done within required timelines (see 60 day and 90 day requirements). This form is included in this package. Contracts with licensed/authorized people as well as an authorized owner or agent’s completed “Documentation of Training to be an Authorized Owner/Agent And Intention to Comply with the Order to Correct” form must also specify that the unit will meet acceptable lead dust levels under 105 CMR 460.170, as determined by the reinspection and dust wipe sampling. Should any of the dust samples fail to meet acceptable standards; the last authorized person who performed high- or moderate-risk work will be required to reclean the entire unit until all dust samples meet acceptable levels. If a low or moderate risk authorized person did the deleading and dust samples fail three times, a licensed Deleading Contractor will be required to reclean the entire unit until all dust samples meet acceptable levels. Within sixty (60) days of your receipt of this Order to Correct, the following work must be completed and reinspected (including passing dust wipes if required): 4. All high and moderate risk deleading on the interior of the unit must be complete, pass the visual reinspection, and dust wipes. Please note that if high or moderate risk activities are done on the interior, then encapsulation cannot be done until after all of the high and moderate risk work has been reinspected and dust wipes have passed. 5. Removal and replacement of doors, if chosen as the method of deleading, must be complete and pass visual reinspection. 6. Loose surfaces in the interior of the unit must be made intact by the appropriately authorized person, be covered, or otherwise deleaded and reinspected. This includes loose surfaces being prepared for encapsulation (DO NOT encapsulate these surfaces until after a successful reoccupancy reinspection). Making paint intact on the interior of a unit requires dust wipes at the reinspection. There cannot be any loose paint in the unit by the sixtieth day. Within ninety (90) days of your receipt of this Order to Correct, the following work must be completed and reinspected (including passing dust wipes if required): 3. Any low risk activities on the interior of the unit that were not done by the 60th day deadline must be complete. This includes encapsulation of interior surfaces that were previously made intact. OTC –(30-60-90-120) Page 6 4. All required deleading in the interior common areas and on the exterior must be complete, pass the visual reinspection, and dust wipes if they were not needed for a reoccupancy reinspection. PROSECUTION AND CIVIL PUNITIVE DAMAGES Failure to comply with any of the deadlines set out above will require this agency to initiate criminal or civil proceedings against you within seven (7) business days. Compliance with this Order to Correct will be determined by this agency's issuance of the appropriate documents within the specified deadlines, as well as this agency's receipt of the appropriate documents within the specified deadlines. Documents should be sent to your code enforcement lead inspector (provide inspector name and business address). Documents required 3. For owners applying for financial assistance: Documents required by the 30th day deadline: ❑ Proof of your efforts to secure financing, including but not limited to, a copy of a loan application submitted to a lending institution or a governmental agency that offers home improvement and/or deleading loans. Documents required by the 60th day deadline: At least one of the following, although there may be a combination of documents: ❑ A contract with a licensed Deleading Contractor, licensed moderate risk deleader, (Lead-Safe Renovators who have completed the 8 hour Lead-Safe Renovator training plus an additional 4 hour training on moderate risk deleading whose license begins with an MR####), or low/moderate risk authorized owner/agent; ❑ A copy of an owner/agent authorization letter from CLPPP and a completed “Documentation of Training to be an Authorized Owner/Agent And Intention to Comply with the Order to Correct” form. Documents required by the 90th day deadline: ❑ A Letter of Lead Paint (Re)occupancy (Re)inspection Certification issued by your code enforcement lead inspector or another code enforcement lead inspector, in cases where high- or moderate-risk deleading work occurred, requiring occupants to be relocated from the unit for the duration of the work; ❑ Copies of results of all dust samples taken by your code enforcement lead inspector or another code enforcement lead inspector, and copies of all reinspection report(s) issued by your code enforcement lead inspector or another code enforcement lead inspector; ❑ Copies of any invoices documenting that all work to-date was conducted by appropriately authorized people. OTC –(30-60-90-120) Page 7 Documents required by the 120th day deadline: ❑ A Letter of Full Deleading Compliance (or, for previously deleaded properties, a Certification of Restored Compliance) issued by your code enforcement lead inspector or another code enforcement lead inspector; ❑ Copies of any invoices documenting that all remaining work was conducted by appropriately authorized people. 4. For owners NOT applying for financial assistance: Documents required by the 30th day deadline: At least one of the following, although there may be a combination of documents: ❑ A contract with a licensed Deleading Contractor, licensed moderate risk deleader, (Lead-Safe Renovators who have completed the 8 hour Lead-Safe Renovator training plus an additional 4 hour training on moderate risk deleading whose license begins with an MR####), or a low/moderate risk authorized owner/agent; ❑ A copy of an owner/agent authorization letter from CLPPP and a completed “Documentation of Training to be an Authorized Owner/Agent And Intention to Comply with the Order to Correct” Form. Documents required by the 60th day deadline: ❑ A Letter of Lead Paint (Re)occupancy (Re)inspection Certification issued by your code enforcement lead inspector or another code enforcement lead inspector, in cases where high- or moderate-risk deleading work occurred, requiring occupants to be relocated from the unit for the duration of the work; ❑ Copies of results of all dust samples taken by your code enforcement lead inspector or another code enforcement lead inspector, and copies of all reinspection report(s) issued by your code enforcement lead inspector or another code enforcement lead inspector; ❑ Copies of any invoices documenting that all work to-date was conducted by appropriately authorized people. Documents required by the 90th day deadline: ❑ A Letter of Full Deleading Compliance (or, for previously deleaded properties, a Certification of Restored Compliance) issued by your code enforcement lead inspector or another code enforcement lead inspector; ❑ Copies of any invoices documenting that all remaining work was conducted by appropriately authorized people. In all cases, the owner must ensure that a copy of the deleading notification is sent to this agency at least ten (10) days before the start of any deleading, no matter who is performing the work. OTC –(30-60-90-120) Page 8 The law provides penalties of up to $500 for each day of noncompliance. In addition, you may become liable for civil punitive damages equal to three times any actual damages for failure to comply with this Order to Correct if a child becomes poisoned. CORRECTION OF VIOLATION BY CODE ENFORCEMENT AGENCY If within the time periods stipulated above this residential property is not brought into full compliance, this agency may contract with an authorized person or authorized persons to correct the violation(s) and obtain a Letter of Full Deleading Compliance, and bill the owner, or initiate court action to reimburse itself. RIGHT TO A HEARING You may request a hearing pursuant to 105 CMR 460.900 of the Regulations for Lead Poisoning Prevention and Control, in conjunction with the procedures of 105 CMR 400.200(B), the Sanitary Code provision for hearings in emergency public health matters. As already noted, the aforementioned violation constitutes an emergency. (See “Declaration of Emergency” section.) As such, you may request a hearing only if you have complied with this Order to Correct. The hearing will be provided within ten days of your request. This agency shall issue a written decision within seven days after the hearing. FEDERAL REGULATIONS Some federal financial assistance programs require additional environmental investigation. If you are planning on or have applied for a federal loan program, please contact your code enforcement lead inspector as soon as possible in order to discuss further requirements. Please have the name of the loan program and the local agency administering the program when you call. __________________________ __________________________ Lisa Rosario, Inspector Director Terry Howard Massachusetts Department of Public Health Bureau of Environmental Health Childhood Lead Poisoning Prevention Program (DPH/BEH/CLPPP) Telephone: 617-872-9867 OTC –(30-60-90-120) Page 9 If your property already has a Letter of Compliance, you must fill out this form and return it to your code enforcement lead inspector within 14 days. Please include copies of ALL your lead- related paperwork for this address. Your code enforcement lead inspector will review the paperwork for this address and contact you to schedule a post-compliance assessment determination (PCAD). Upon this review and a site visit, you may be eligible for a 30-day maintenance period, during which you may be able to fix the hazards yourself and your Letter of Compliance remains valid. Failure to return this form to your code enforcement lead inspector within 14 days may disqualify you from this option, requiring you to follow all of the rules and timelines outlined in this Order to Correct. Only a code enforcement lead inspector can do the required inspection work for previously complied properties. The inspection and reinspection services are provided for free. Please complete and return this form immediately in order to take full advantage of this 30-day maintenance period. Please print clearly: NAME: ___________________________________________ DATE:_____________ ADDRESS: ___________________________________________________ ________________________________________ ZIP CODE: ___________ TELEPHONE NUMBER: (_____)___________________________________ ADDRESS OF THE PROPERTY CITED: _____________________________________ _________________________________________________ ZIP CODE: ____________ OCCUPANT(S) NAME: ____________________________________________________ OCCUPANT’S TELEPHONE NUMBER: (____)_______________________________ Please check off which documents you have attached to this form: ❑ Lead Inspection Report ❑ Risk Assessment Report ❑ Letter of Full Initial Inspection Compliance ❑ Letter of Abatement Compliance ❑ Letter of Full Deleading Compliance ❑ Letter of Interim Control ❑ Certificate of Maintained Compliance ❑ Certificate of Restored Compliance Other:________________________________________________________________________ _____________________________________________________________________________ OTC –(30-60-90-120) Page 10 OTC –(30-60-90-120) Page 1 ORDER TO CORRECT VIOLATION(S) September 19, 2022 One Hamilton St Condominium Trust KeelyMeyer-Trustee 1 Hamilton St. Unit 1 Salem, MA 01970 Owner or agent of the property located at:1 HAMILTON ST UNIT 3 SALEM. Be advised that an agent of the Director of the Childhood Lead Poisoning Prevention Program (CLPPP) has determined certain portions of this residential property to be in violation of the State Sanitary Code, 105 Code of Massachusetts Regulations (CMR) 410.750(J). This violation also constitutes a violation of the Lead Law, Massachusetts General Laws (MGL), chapter 111, section 197, and the Regulations for Lead Poisoning Prevention and Control, 105 CMR 460.000, set forth by the Massachusetts Department of Public Health. The law requires owners of homes or apartments built before 1978 to have lead violations deleaded for full compliance when a child under six years old lives there. If you already have a Letter of Compliance for this property, please complete the last page of this Order to Correct and send it to your code enforcement lead inspector within 14 days. Conditions exist in this residence which may endanger and/or materially impair the health of the occupants of these premises. DECLARATION OF EMERGENCY The Director of the Massachusetts Childhood Lead Poisoning Prevention Program declares that the presence of this violation of the Lead Law and the Regulations for Lead Poisoning Prevention and Control constitutes an emergency pursuant to the Lead Law, MGL chapter 111, section 198 and within the meaning of the State Sanitary Code, 105 CMR 400.200(B). CORRECTION OF LEAD VIOLATION(S) The Lead Law, MGL, chapter 111, sections 189A-199B, and the Regulations for Lead Poisoning Prevention and Control, 105 CMR 460.000, require the owner of a residential premises or dwelling unit built before 1978 in which a child under the age of six lives have lead paint violations either abated or contained (referred to as “deleading”) for full compliance. The steps that you must follow are in the “Order” section. OTC –(30-60-90-120) Page 2 The Lead Law, the Regulations for Lead Poisoning Prevention and Control, and the Department of Labor Standards’ (DLS) Deleading and Lead-Safe Renovation Regulations, 454 CMR 22.00, require that residential deleading work be done by authorized people. The type of authorization will determine the method of deleading that can be done. There are three levels of deleading: High Risk Deleading Only licensed Deleading Contractors or Deleading Supervisors, who will be on-site conducting and/or overseeing deleading activities, can do high risk deleading activities. These activities include scraping, stripping, demolition, and making large amounts of loose paint intact. If this type of work is done on the interior of a unit, then the occupants must be temporarily relocated until the work is complete and the unit has passed a reoccupancy reinspection. Moderate Risk Deleading Moderate risk authorized owners/agents and licensed moderate risk deleaders (Lead-Safe Renovators who have completed the 8 hour Lead-Safe Renovator training plus an additional 4 hour training on moderate risk deleading whose license begins with an MR####) can do moderate (and low risk) deleading. These activities include removal and replacement of building components such as windows, and making a small amount of loose paint intact. If this type of work is done on the interior of a unit, then the occupants must be temporarily relocated until the work is complete and the unit has passed a reoccupancy reinspection. Owners interested in becoming trained and authorized to do moderate risk deleading should contact CLPPP at 1-800- 532-9571 for more information. Low Risk Deleading Low risk authorized owners and agents can do some minor deleading activities such as covering surfaces with approved coverings and encapsulating approved surfaces. Owners interested in becoming trained and authorized to do low risk deleading should contact CLPPP at 1-800-532- 9571 for more information. OTC –(30-60-90-120) Page 3 ORDER You are hereby ordered to remedy all violations of MGL, chapter 111, section 197 and 105 CMR 460.000, as identified in the comprehensive initial lead inspection report. You must correct the relevant violations in accordance with the following schedule: Timelines for Owners Applying for Financial Assistance: Within thirty (30) days of your receipt of this Order to Correct, you must provide proof of the following: 3. Written documentation of your efforts to secure financing. Examples include, but are not limited to, a copy of a loan application submitted to a lending institution or a governmental agency that offers home improvement and/or deleading loans. The documentation need not include those portions of a loan application that disclose personal financial data. The need for financial assistance does not relieve you of the obligation to obey this Order to Correct. Within sixty (60) days of your receipt of this Order to Correct, you must provide proof of the following: 3. An established deleading plan detailing who will be deleading and when the work will be done. Proof consists of at least one of the following: • A contract with a licensed Deleading Contractor, licensed moderate risk deleader (Lead- Safe Renovators who have completed the 8 hour Lead-Safe Renovator training plus an additional 4 hour training on moderate risk deleading whose license begins with an MR####), or low/moderate risk authorized owner/agent. To check on the license for Deleading Contractors and Lead-Safe Renovators who have completed the 8 hour Lead- Safe Renovator training plus an additional 4 hour training on moderate risk deleading whose license begins with an MR####, contact the Department of Labor Standards at 617-626-6975. To check on the authorization for low risk agents, such as vinyl siders or carpet layers, contact CLPPP at 1-800-532-9571. • If you or your agent will be doing the work, a copy of the authorization letter and a completed “Documentation of Training to be an Authorized Owner/Agent And Intention to Comply with the Order to Correct” form verifying that all work will be done within required timelines (see 90 day and 120 day requirements). This form is included in this package. Contracts with licensed/authorized people as well as an authorized owner or agent’s completed “Documentation of Training to be an Authorized Owner/Agent And Intention to Comply with the Order to Correct” form must also specify that the unit will meet acceptable lead dust levels under 105 CMR 460.170, as determined by the reinspection and dust wipe sampling. Should any of the dust samples fail to meet acceptable standards; the last authorized person who performed high- or moderate-risk work will be required to reclean the entire unit until all dust samples meet acceptable levels. If a low or moderate risk authorized person did the deleading and dust samples fail three times, a licensed Deleading Contractor will be required to reclean the entire unit until all dust samples meet acceptable levels. OTC –(30-60-90-120) Page 4 Within ninety (90) days of your receipt of this Order to Correct, the following work must be completed and reinspected (including passing dust wipes if required): 7. All high and moderate risk deleading on the interior of the unit must be complete, pass the visual reinspection, and dust wipes. Please note that if high or moderate risk activities are done on the interior, then encapsulation cannot be done until after all of the high and moderate risk work has been reinspected and dust wipes have passed. 8. Removal and replacement of doors, if chosen as the method of deleading, must be complete and pass visual reinspection. 9. Loose surfaces in the interior of the unit must be made intact by the appropriately authorized person, be covered, or otherwise deleaded and reinspected. This includes loose surfaces being prepared for encapsulation (DO NOT encapsulate these surfaces until after a successful reoccupancy reinspection). Making paint intact on the interior of a unit requires dust wipes at the reinspection. There cannot be any loose paint in the unit by the ninetieth day. Within one hundred and twenty (120) days of your receipt of this Order to Correct, the following work must be completed and reinspected (including passing dust wipes if required): 5. Any low risk activities on the interior of the unit that were not done by the 90th day deadline must be complete. This includes encapsulation of interior surfaces that were previously made intact. 6. All required deleading in the interior common areas and on the exterior must be complete, pass the visual reinspection, and dust wipes if they were not needed for a reoccupancy reinspection. Timelines for Owners NOT Applying for Financial Assistance: Within thirty (30) days of your receipt of this Order to Correct, you must provide proof of the following: 3. An established deleading plan detailing who will be deleading and when the work will be done. Proof consists of at least one of the following: • A contract with a licensed Deleading Contractor, licensed moderate risk deleader, (Lead- Safe Renovators who have completed the 8 hour Lead-Safe Renovator training plus an additional 4 hour training on moderate risk deleading whose license begins with an MR####), or low/moderate risk authorized owner/agent. To check on the license for Deleading Contractors and Lead-Safe Renovators who have completed the 8 hour Lead- Safe Renovator training plus an additional 4 hour training on moderate risk deleading whose license begins with an MR####, contact the Department of Labor Standards at OTC –(30-60-90-120) Page 5 617-626-6975. To check on the authorization for low risk agents, such as vinyl siders or carpet layers, contact CLPPP at 1-800-532-9571. • If you or your agent will be doing the work, a copy of the authorization letter and a completed “Documentation of Training to be an Authorized Owner/Agent And Intention to Comply with the Order to Correct” form verifying that all work will be done within required timelines (see 60 day and 90 day requirements). This form is included in this package. Contracts with licensed/authorized people as well as an authorized owner or agent’s completed “Documentation of Training to be an Authorized Owner/Agent And Intention to Comply with the Order to Correct” form must also specify that the unit will meet acceptable lead dust levels under 105 CMR 460.170, as determined by the reinspection and dust wipe sampling. Should any of the dust samples fail to meet acceptable standards; the last authorized person who performed high- or moderate-risk work will be required to reclean the entire unit until all dust samples meet acceptable levels. If a low or moderate risk authorized person did the deleading and dust samples fail three times, a licensed Deleading Contractor will be required to reclean the entire unit until all dust samples meet acceptable levels. Within sixty (60) days of your receipt of this Order to Correct, the following work must be completed and reinspected (including passing dust wipes if required): 7. All high and moderate risk deleading on the interior of the unit must be complete, pass the visual reinspection, and dust wipes. Please note that if high or moderate risk activities are done on the interior, then encapsulation cannot be done until after all of the high and moderate risk work has been reinspected and dust wipes have passed. 8. Removal and replacement of doors, if chosen as the method of deleading, must be complete and pass visual reinspection. 9. Loose surfaces in the interior of the unit must be made intact by the appropriately authorized person, be covered, or otherwise deleaded and reinspected. This includes loose surfaces being prepared for encapsulation (DO NOT encapsulate these surfaces until after a successful reoccupancy reinspection). Making paint intact on the interior of a unit requires dust wipes at the reinspection. There cannot be any loose paint in the unit by the sixtieth day. Within ninety (90) days of your receipt of this Order to Correct, the following work must be completed and reinspected (including passing dust wipes if required): 5. Any low risk activities on the interior of the unit that were not done by the 60th day deadline must be complete. This includes encapsulation of interior surfaces that were previously made intact. OTC –(30-60-90-120) Page 6 6. All required deleading in the interior common areas and on the exterior must be complete, pass the visual reinspection, and dust wipes if they were not needed for a reoccupancy reinspection. PROSECUTION AND CIVIL PUNITIVE DAMAGES Failure to comply with any of the deadlines set out above will require this agency to initiate criminal or civil proceedings against you within seven (7) business days. Compliance with this Order to Correct will be determined by this agency's issuance of the appropriate documents within the specified deadlines, as well as this agency's receipt of the appropriate documents within the specified deadlines. Documents should be sent to your code enforcement lead inspector (provide inspector name and business address). Documents required 5. For owners applying for financial assistance: Documents required by the 30th day deadline: ❑ Proof of your efforts to secure financing, including but not limited to, a copy of a loan application submitted to a lending institution or a governmental agency that offers home improvement and/or deleading loans. Documents required by the 60th day deadline: At least one of the following, although there may be a combination of documents: ❑ A contract with a licensed Deleading Contractor, licensed moderate risk deleader, (Lead-Safe Renovators who have completed the 8 hour Lead-Safe Renovator training plus an additional 4 hour training on moderate risk deleading whose license begins with an MR####), or low/moderate risk authorized owner/agent; ❑ A copy of an owner/agent authorization letter from CLPPP and a completed “Documentation of Training to be an Authorized Owner/Agent And Intention to Comply with the Order to Correct” form. Documents required by the 90th day deadline: ❑ A Letter of Lead Paint (Re)occupancy (Re)inspection Certification issued by your code enforcement lead inspector or another code enforcement lead inspector, in cases where high- or moderate-risk deleading work occurred, requiring occupants to be relocated from the unit for the duration of the work; ❑ Copies of results of all dust samples taken by your code enforcement lead inspector or another code enforcement lead inspector, and copies of all reinspection report(s) issued by your code enforcement lead inspector or another code enforcement lead inspector; ❑ Copies of any invoices documenting that all work to-date was conducted by appropriately authorized people. OTC –(30-60-90-120) Page 7 Documents required by the 120th day deadline: ❑ A Letter of Full Deleading Compliance (or, for previously deleaded properties, a Certification of Restored Compliance) issued by your code enforcement lead inspector or another code enforcement lead inspector; ❑ Copies of any invoices documenting that all remaining work was conducted by appropriately authorized people. 6. For owners NOT applying for financial assistance: Documents required by the 30th day deadline: At least one of the following, although there may be a combination of documents: ❑ A contract with a licensed Deleading Contractor, licensed moderate risk deleader, (Lead-Safe Renovators who have completed the 8 hour Lead-Safe Renovator training plus an additional 4 hour training on moderate risk deleading whose license begins with an MR####), or a low/moderate risk authorized owner/agent; ❑ A copy of an owner/agent authorization letter from CLPPP and a completed “Documentation of Training to be an Authorized Owner/Agent And Intention to Comply with the Order to Correct” Form. Documents required by the 60th day deadline: ❑ A Letter of Lead Paint (Re)occupancy (Re)inspection Certification issued by your code enforcement lead inspector or another code enforcement lead inspector, in cases where high- or moderate-risk deleading work occurred, requiring occupants to be relocated from the unit for the duration of the work; ❑ Copies of results of all dust samples taken by your code enforcement lead inspector or another code enforcement lead inspector, and copies of all reinspection report(s) issued by your code enforcement lead inspector or another code enforcement lead inspector; ❑ Copies of any invoices documenting that all work to-date was conducted by appropriately authorized people. Documents required by the 90th day deadline: ❑ A Letter of Full Deleading Compliance (or, for previously deleaded properties, a Certification of Restored Compliance) issued by your code enforcement lead inspector or another code enforcement lead inspector; ❑ Copies of any invoices documenting that all remaining work was conducted by appropriately authorized people. In all cases, the owner must ensure that a copy of the deleading notification is sent to this agency at least ten (10) days before the start of any deleading, no matter who is performing the work. OTC –(30-60-90-120) Page 8 The law provides penalties of up to $500 for each day of noncompliance. In addition, you may become liable for civil punitive damages equal to three times any actual damages for failure to comply with this Order to Correct if a child becomes poisoned. CORRECTION OF VIOLATION BY CODE ENFORCEMENT AGENCY If within the time periods stipulated above this residential property is not brought into full compliance, this agency may contract with an authorized person or authorized persons to correct the violation(s) and obtain a Letter of Full Deleading Compliance, and bill the owner, or initiate court action to reimburse itself. RIGHT TO A HEARING You may request a hearing pursuant to 105 CMR 460.900 of the Regulations for Lead Poisoning Prevention and Control, in conjunction with the procedures of 105 CMR 400.200(B), the Sanitary Code provision for hearings in emergency public health matters. As already noted, the aforementioned violation constitutes an emergency. (See “Declaration of Emergency” section.) As such, you may request a hearing only if you have complied with this Order to Correct. The hearing will be provided within ten days of your request. This agency shall issue a written decision within seven days after the hearing. FEDERAL REGULATIONS Some federal financial assistance programs require additional environmental investigation. If you are planning on or have applied for a federal loan program, please contact your code enforcement lead inspector as soon as possible in order to discuss further requirements. Please have the name of the loan program and the local agency administering the program when you call. __________________________ __________________________ Lisa Rosario, Inspector Director Terry Howard Massachusetts Department of Public Health Bureau of Environmental Health Childhood Lead Poisoning Prevention Program (DPH/BEH/CLPPP) Telephone: 617-872-9867 OTC –(30-60-90-120) Page 9 If your property already has a Letter of Compliance, you must fill out this form and return it to your code enforcement lead inspector within 14 days. Please include copies of ALL your lead- related paperwork for this address. Your code enforcement lead inspector will review the paperwork for this address and contact you to schedule a post-compliance assessment determination (PCAD). Upon this review and a site visit, you may be eligible for a 30-day maintenance period, during which you may be able to fix the hazards yourself and your Letter of Compliance remains valid. Failure to return this form to your code enforcement lead inspector within 14 days may disqualify you from this option, requiring you to follow all of the rules and timelines outlined in this Order to Correct. Only a code enforcement lead inspector can do the required inspection work for previously complied properties. The inspection and reinspection services are provided for free. Please complete and return this form immediately in order to take full advantage of this 30-day maintenance period. Please print clearly: NAME: ___________________________________________ DATE:_____________ ADDRESS: ___________________________________________________ ________________________________________ ZIP CODE: ___________ TELEPHONE NUMBER: (_____)___________________________________ ADDRESS OF THE PROPERTY CITED: _____________________________________ _________________________________________________ ZIP CODE: ____________ OCCUPANT(S) NAME: ____________________________________________________ OCCUPANT’S TELEPHONE NUMBER: (____)_______________________________ Please check off which documents you have attached to this form: ❑ Lead Inspection Report ❑ Risk Assessment Report ❑ Letter of Full Initial Inspection Compliance ❑ Letter of Abatement Compliance ❑ Letter of Full Deleading Compliance ❑ Letter of Interim Control ❑ Certificate of Maintained Compliance ❑ Certificate of Restored Compliance Other:________________________________________________________________________ _____________________________________________________________________________ OTC –(30-60-90-120) Page 10 OTC –(30-60-90-120) Page 1 ORDER TO CORRECT VIOLATION(S) September 19, 2022 Kate Perez 1 Hamilton St. Unit 3 Salem, MA 01970 Owner or agent of the property located at:1 HAMILTON ST UNIT 3 SALEM. Be advised that an agent of the Director of the Childhood Lead Poisoning Prevention Program (CLPPP) has determined certain portions of this residential property to be in violation of the State Sanitary Code, 105 Code of Massachusetts Regulations (CMR) 410.750(J). This violation also constitutes a violation of the Lead Law, Massachusetts General Laws (MGL), chapter 111, section 197, and the Regulations for Lead Poisoning Prevention and Control, 105 CMR 460.000, set forth by the Massachusetts Department of Public Health. The law requires owners of homes or apartments built before 1978 to have lead violations deleaded for full compliance when a child under six years old lives there. If you already have a Letter of Compliance for this property, please complete the last page of this Order to Correct and send it to your code enforcement lead inspector within 14 days. Conditions exist in this residence which may endanger and/or materially impair the health of the occupants of these premises. DECLARATION OF EMERGENCY The Director of the Massachusetts Childhood Lead Poisoning Prevention Program declares that the presence of this violation of the Lead Law and the Regulations for Lead Poisoning Prevention and Control constitutes an emergency pursuant to the Lead Law, MGL chapter 111, section 198 and within the meaning of the State Sanitary Code, 105 CMR 400.200(B). CORRECTION OF LEAD VIOLATION(S) The Lead Law, MGL, chapter 111, sections 189A-199B, and the Regulations for Lead Poisoning Prevention and Control, 105 CMR 460.000, require the owner of a residential premises or dwelling unit built before 1978 in which a child under the age of six lives have lead paint violations either abated or contained (referred to as “deleading”) for full compliance. The steps that you must follow are in the “Order” section. OTC –(30-60-90-120) Page 2 The Lead Law, the Regulations for Lead Poisoning Prevention and Control, and the Department of Labor Standards’ (DLS) Deleading and Lead-Safe Renovation Regulations, 454 CMR 22.00, require that residential deleading work be done by authorized people. The type of authorization will determine the method of deleading that can be done. There are three levels of deleading: High Risk Deleading Only licensed Deleading Contractors or Deleading Supervisors, who will be on-site conducting and/or overseeing deleading activities, can do high risk deleading activities. These activities include scraping, stripping, demolition, and making large amounts of loose paint intact. If this type of work is done on the interior of a unit, then the occupants must be temporarily relocated until the work is complete and the unit has passed a reoccupancy reinspection. Moderate Risk Deleading Moderate risk authorized owners/agents and licensed moderate risk deleaders (Lead-Safe Renovators who have completed the 8 hour Lead-Safe Renovator training plus an additional 4 hour training on moderate risk deleading whose license begins with an MR####) can do moderate (and low risk) deleading. These activities include removal and replacement of building components such as windows, and making a small amount of loose paint intact. If this type of work is done on the interior of a unit, then the occupants must be temporarily relocated until the work is complete and the unit has passed a reoccupancy reinspection. Owners interested in becoming trained and authorized to do moderate risk deleading should contact CLPPP at 1-800- 532-9571 for more information. Low Risk Deleading Low risk authorized owners and agents can do some minor deleading activities such as covering surfaces with approved coverings and encapsulating approved surfaces. Owners interested in becoming trained and authorized to do low risk deleading should contact CLPPP at 1-800-532- 9571 for more information. OTC –(30-60-90-120) Page 3 ORDER You are hereby ordered to remedy all violations of MGL, chapter 111, section 197 and 105 CMR 460.000, as identified in the comprehensive initial lead inspection report. You must correct the relevant violations in accordance with the following schedule: Timelines for Owners Applying for Financial Assistance: Within thirty (30) days of your receipt of this Order to Correct, you must provide proof of the following: 4. Written documentation of your efforts to secure financing. Examples include, but are not limited to, a copy of a loan application submitted to a lending institution or a governmental agency that offers home improvement and/or deleading loans. The documentation need not include those portions of a loan application that disclose personal financial data. The need for financial assistance does not relieve you of the obligation to obey this Order to Correct. Within sixty (60) days of your receipt of this Order to Correct, you must provide proof of the following: 4. An established deleading plan detailing who will be deleading and when the work will be done. Proof consists of at least one of the following: • A contract with a licensed Deleading Contractor, licensed moderate risk deleader (Lead- Safe Renovators who have completed the 8 hour Lead-Safe Renovator training plus an additional 4 hour training on moderate risk deleading whose license begins with an MR####), or low/moderate risk authorized owner/agent. To check on the license for Deleading Contractors and Lead-Safe Renovators who have completed the 8 hour Lead- Safe Renovator training plus an additional 4 hour training on moderate risk deleading whose license begins with an MR####, contact the Department of Labor Standards at 617-626-6975. To check on the authorization for low risk agents, such as vinyl siders or carpet layers, contact CLPPP at 1-800-532-9571. • If you or your agent will be doing the work, a copy of the authorization letter and a completed “Documentation of Training to be an Authorized Owner/Agent And Intention to Comply with the Order to Correct” form verifying that all work will be done within required timelines (see 90 day and 120 day requirements). This form is included in this package. Contracts with licensed/authorized people as well as an authorized owner or agent’s completed “Documentation of Training to be an Authorized Owner/Agent And Intention to Comply with the Order to Correct” form must also specify that the unit will meet acceptable lead dust levels under 105 CMR 460.170, as determined by the reinspection and dust wipe sampling. Should any of the dust samples fail to meet acceptable standards; the last authorized person who performed high- or moderate-risk work will be required to reclean the entire unit until all dust samples meet acceptable levels. If a low or moderate risk authorized person did the deleading and dust samples fail three times, a licensed Deleading Contractor will be required to reclean the entire unit until all dust samples meet acceptable levels. OTC –(30-60-90-120) Page 4 Within ninety (90) days of your receipt of this Order to Correct, the following work must be completed and reinspected (including passing dust wipes if required): 10. All high and moderate risk deleading on the interior of the unit must be complete, pass the visual reinspection, and dust wipes. Please note that if high or moderate risk activities are done on the interior, then encapsulation cannot be done until after all of the high and moderate risk work has been reinspected and dust wipes have passed. 11. Removal and replacement of doors, if chosen as the method of deleading, must be complete and pass visual reinspection. 12. Loose surfaces in the interior of the unit must be made intact by the appropriately authorized person, be covered, or otherwise deleaded and reinspected. This includes loose surfaces being prepared for encapsulation (DO NOT encapsulate these surfaces until after a successful reoccupancy reinspection). Making paint intact on the interior of a unit requires dust wipes at the reinspection. There cannot be any loose paint in the unit by the ninetieth day. Within one hundred and twenty (120) days of your receipt of this Order to Correct, the following work must be completed and reinspected (including passing dust wipes if required): 7. Any low risk activities on the interior of the unit that were not done by the 90th day deadline must be complete. This includes encapsulation of interior surfaces that were previously made intact. 8. All required deleading in the interior common areas and on the exterior must be complete, pass the visual reinspection, and dust wipes if they were not needed for a reoccupancy reinspection. Timelines for Owners NOT Applying for Financial Assistance: Within thirty (30) days of your receipt of this Order to Correct, you must provide proof of the following: 4. An established deleading plan detailing who will be deleading and when the work will be done. Proof consists of at least one of the following: • A contract with a licensed Deleading Contractor, licensed moderate risk deleader, (Lead- Safe Renovators who have completed the 8 hour Lead-Safe Renovator training plus an additional 4 hour training on moderate risk deleading whose license begins with an MR####), or low/moderate risk authorized owner/agent. To check on the license for Deleading Contractors and Lead-Safe Renovators who have completed the 8 hour Lead- Safe Renovator training plus an additional 4 hour training on moderate risk deleading whose license begins with an MR####, contact the Department of Labor Standards at OTC –(30-60-90-120) Page 5 617-626-6975. To check on the authorization for low risk agents, such as vinyl siders or carpet layers, contact CLPPP at 1-800-532-9571. • If you or your agent will be doing the work, a copy of the authorization letter and a completed “Documentation of Training to be an Authorized Owner/Agent And Intention to Comply with the Order to Correct” form verifying that all work will be done within required timelines (see 60 day and 90 day requirements). This form is included in this package. Contracts with licensed/authorized people as well as an authorized owner or agent’s completed “Documentation of Training to be an Authorized Owner/Agent And Intention to Comply with the Order to Correct” form must also specify that the unit will meet acceptable lead dust levels under 105 CMR 460.170, as determined by the reinspection and dust wipe sampling. Should any of the dust samples fail to meet acceptable standards; the last authorized person who performed high- or moderate-risk work will be required to reclean the entire unit until all dust samples meet acceptable levels. If a low or moderate risk authorized person did the deleading and dust samples fail three times, a licensed Deleading Contractor will be required to reclean the entire unit until all dust samples meet acceptable levels. Within sixty (60) days of your receipt of this Order to Correct, the following work must be completed and reinspected (including passing dust wipes if required): 10. All high and moderate risk deleading on the interior of the unit must be complete, pass the visual reinspection, and dust wipes. Please note that if high or moderate risk activities are done on the interior, then encapsulation cannot be done until after all of the high and moderate risk work has been reinspected and dust wipes have passed. 11. Removal and replacement of doors, if chosen as the method of deleading, must be complete and pass visual reinspection. 12. Loose surfaces in the interior of the unit must be made intact by the appropriately authorized person, be covered, or otherwise deleaded and reinspected. This includes loose surfaces being prepared for encapsulation (DO NOT encapsulate these surfaces until after a successful reoccupancy reinspection). Making paint intact on the interior of a unit requires dust wipes at the reinspection. There cannot be any loose paint in the unit by the sixtieth day. Within ninety (90) days of your receipt of this Order to Correct, the following work must be completed and reinspected (including passing dust wipes if required): 7. Any low risk activities on the interior of the unit that were not done by the 60th day deadline must be complete. This includes encapsulation of interior surfaces that were previously made intact. OTC –(30-60-90-120) Page 6 8. All required deleading in the interior common areas and on the exterior must be complete, pass the visual reinspection, and dust wipes if they were not needed for a reoccupancy reinspection. PROSECUTION AND CIVIL PUNITIVE DAMAGES Failure to comply with any of the deadlines set out above will require this agency to initiate criminal or civil proceedings against you within seven (7) business days. Compliance with this Order to Correct will be determined by this agency's issuance of the appropriate documents within the specified deadlines, as well as this agency's receipt of the appropriate documents within the specified deadlines. Documents should be sent to your code enforcement lead inspector (provide inspector name and business address). Documents required 7. For owners applying for financial assistance: Documents required by the 30th day deadline: ❑ Proof of your efforts to secure financing, including but not limited to, a copy of a loan application submitted to a lending institution or a governmental agency that offers home improvement and/or deleading loans. Documents required by the 60th day deadline: At least one of the following, although there may be a combination of documents: ❑ A contract with a licensed Deleading Contractor, licensed moderate risk deleader, (Lead-Safe Renovators who have completed the 8 hour Lead-Safe Renovator training plus an additional 4 hour training on moderate risk deleading whose license begins with an MR####), or low/moderate risk authorized owner/agent; ❑ A copy of an owner/agent authorization letter from CLPPP and a completed “Documentation of Training to be an Authorized Owner/Agent And Intention to Comply with the Order to Correct” form. Documents required by the 90th day deadline: ❑ A Letter of Lead Paint (Re)occupancy (Re)inspection Certification issued by your code enforcement lead inspector or another code enforcement lead inspector, in cases where high- or moderate-risk deleading work occurred, requiring occupants to be relocated from the unit for the duration of the work; ❑ Copies of results of all dust samples taken by your code enforcement lead inspector or another code enforcement lead inspector, and copies of all reinspection report(s) issued by your code enforcement lead inspector or another code enforcement lead inspector; ❑ Copies of any invoices documenting that all work to-date was conducted by appropriately authorized people. OTC –(30-60-90-120) Page 7 Documents required by the 120th day deadline: ❑ A Letter of Full Deleading Compliance (or, for previously deleaded properties, a Certification of Restored Compliance) issued by your code enforcement lead inspector or another code enforcement lead inspector; ❑ Copies of any invoices documenting that all remaining work was conducted by appropriately authorized people. 8. For owners NOT applying for financial assistance: Documents required by the 30th day deadline: At least one of the following, although there may be a combination of documents: ❑ A contract with a licensed Deleading Contractor, licensed moderate risk deleader, (Lead-Safe Renovators who have completed the 8 hour Lead-Safe Renovator training plus an additional 4 hour training on moderate risk deleading whose license begins with an MR####), or a low/moderate risk authorized owner/agent; ❑ A copy of an owner/agent authorization letter from CLPPP and a completed “Documentation of Training to be an Authorized Owner/Agent And Intention to Comply with the Order to Correct” Form. Documents required by the 60th day deadline: ❑ A Letter of Lead Paint (Re)occupancy (Re)inspection Certification issued by your code enforcement lead inspector or another code enforcement lead inspector, in cases where high- or moderate-risk deleading work occurred, requiring occupants to be relocated from the unit for the duration of the work; ❑ Copies of results of all dust samples taken by your code enforcement lead inspector or another code enforcement lead inspector, and copies of all reinspection report(s) issued by your code enforcement lead inspector or another code enforcement lead inspector; ❑ Copies of any invoices documenting that all work to-date was conducted by appropriately authorized people. Documents required by the 90th day deadline: ❑ A Letter of Full Deleading Compliance (or, for previously deleaded properties, a Certification of Restored Compliance) issued by your code enforcement lead inspector or another code enforcement lead inspector; ❑ Copies of any invoices documenting that all remaining work was conducted by appropriately authorized people. In all cases, the owner must ensure that a copy of the deleading notification is sent to this agency at least ten (10) days before the start of any deleading, no matter who is performing the work. OTC –(30-60-90-120) Page 8 The law provides penalties of up to $500 for each day of noncompliance. In addition, you may become liable for civil punitive damages equal to three times any actual damages for failure to comply with this Order to Correct if a child becomes poisoned. CORRECTION OF VIOLATION BY CODE ENFORCEMENT AGENCY If within the time periods stipulated above this residential property is not brought into full compliance, this agency may contract with an authorized person or authorized persons to correct the violation(s) and obtain a Letter of Full Deleading Compliance, and bill the owner, or initiate court action to reimburse itself. RIGHT TO A HEARING You may request a hearing pursuant to 105 CMR 460.900 of the Regulations for Lead Poisoning Prevention and Control, in conjunction with the procedures of 105 CMR 400.200(B), the Sanitary Code provision for hearings in emergency public health matters. As already noted, the aforementioned violation constitutes an emergency. (See “Declaration of Emergency” section.) As such, you may request a hearing only if you have complied with this Order to Correct. The hearing will be provided within ten days of your request. This agency shall issue a written decision within seven days after the hearing. FEDERAL REGULATIONS Some federal financial assistance programs require additional environmental investigation. If you are planning on or have applied for a federal loan program, please contact your code enforcement lead inspector as soon as possible in order to discuss further requirements. Please have the name of the loan program and the local agency administering the program when you call. __________________________ __________________________ Lisa Rosario, Inspector Director Terry Howard Massachusetts Department of Public Health Bureau of Environmental Health Childhood Lead Poisoning Prevention Program (DPH/BEH/CLPPP) Telephone: 617-872-9867 OTC –(30-60-90-120) Page 9 If your property already has a Letter of Compliance, you must fill out this form and return it to your code enforcement lead inspector within 14 days. Please include copies of ALL your lead- related paperwork for this address. Your code enforcement lead inspector will review the paperwork for this address and contact you to schedule a post-compliance assessment determination (PCAD). Upon this review and a site visit, you may be eligible for a 30-day maintenance period, during which you may be able to fix the hazards yourself and your Letter of Compliance remains valid. Failure to return this form to your code enforcement lead inspector within 14 days may disqualify you from this option, requiring you to follow all of the rules and timelines outlined in this Order to Correct. Only a code enforcement lead inspector can do the required inspection work for previously complied properties. The inspection and reinspection services are provided for free. Please complete and return this form immediately in order to take full advantage of this 30-day maintenance period. Please print clearly: NAME: ___________________________________________ DATE:_____________ ADDRESS: ___________________________________________________ ________________________________________ ZIP CODE: ___________ TELEPHONE NUMBER: (_____)___________________________________ ADDRESS OF THE PROPERTY CITED: _____________________________________ _________________________________________________ ZIP CODE: ____________ OCCUPANT(S) NAME: ____________________________________________________ OCCUPANT’S TELEPHONE NUMBER: (____)_______________________________ Please check off which documents you have attached to this form: ❑ Lead Inspection Report ❑ Risk Assessment Report ❑ Letter of Full Initial Inspection Compliance ❑ Letter of Abatement Compliance ❑ Letter of Full Deleading Compliance ❑ Letter of Interim Control ❑ Certificate of Maintained Compliance ❑ Certificate of Restored Compliance Other:________________________________________________________________________ _____________________________________________________________________________ OTC –(30-60-90-120) Page 10