Group and School Age Child Care Licensing Policy Statement
Number: P-GCC/SA-29

Compliance with the child care licensing regulation 102 CMR 7.25(3) requires a lead paint inspection showing that the property is in compliance with the Department of Public Health (DPH) 105 CMR 460.00 Lead Poisoning Prevention and Control regulations. Licensing regulations further require that the property be free of lead paint on all interior and exterior surfaces accessible to children.

Acceptable Evidence of Compliance:

Acceptable evidence of compliance with lead paint requirements is an itemized lead paint inspection of all surfaces completed by a certified lead paint inspector, a local board of health or the Department of Public Health. This inspection pertains to the child care facility (i.e. the premises). As a result, if a new licensee occupies the premises, it is acceptable for a new licensee to demonstrate compliance with lead paint requirements by submitting a copy of the inspection from the previous licensee. The operative principle for DPH is the condition of the property, not the age of the inspection.

Interim Control Letters:

When lead paint is found a licensee may seek an Interim Control letter from DPH. An Interim Control letter gives a two-year extension of time during which full de-leading of the child care program must occur. However, there are certain requirements that must be met in the interim:

  • removal of the worst of the flaking and chipping lead paint, and
  • assurance that no water leaks exist so that other paint does not crack, chip or peel.

These specialized Interim Control letters are issued by DPH in accordance with their regulations. EEC will therefore accept these as evidence of compliance.

Restored Compliance:

In the event that loose, chipping or peeling paint is observed in a previously compliant facility, the current licensee must prove that the loose paint is not lead-based. This may require re-inspection. In the event that lead paint is found, the Department may require that parents be notified and encouraged to have their children screened for lead poisoning and the test results placed in their program records. Depending on the circumstances and the extent of the lead paint problem, the licensee may also be required to send notices to the parents of children who previously attended the center, informing them of the presence of lead paint and advising them to have their children screened for lead poisoning. When post-abatement de-leading is completed, a statement of restored compliance will be issued by a local Board of Health, DPH, or a private lead paint inspection service. These statements of restored compliance then become acceptable evidence of compliance.

Information provided by the Department of Early Education and Care . Created: October 14, 2004; Last reviewed: January 10, 2008