HomeMy Public PortalAboutAbrasive SandingPower Blasting Regulation EXTERIOR ABRASIVE BLASTING/POWER SANDING
REGULATION
SECTION 1 AUTHORITY
At their June 28, 2001 meeting the Watertown Board of Health,pursuant to the authority
granted under Massachusetts General Laws (M.G.L.), chapter 111, section 31, voted
unanimously to adopt the "Exterior Abrasive Blasting/Power Sanding Regulation"to
protect the public health of the community.
SECTION 2 RATIONALE/PURPOSE
The Board of Health recognizes that exterior abrasive blasting and power sanding may
contribute to air pollution through the generation of dust and result in a potential health
and safety hazard. Specifically, the disturbance of paint,paint debris,plaster or other
materials may contain potentially dangerous levels of lead. Elevated levels of lead in the
blood can impact the liver, kidneys, brain, nervous system,bones, reproductive system,
and the development of hearing and speech.
SECTION 3 DEFINITIONS
Abrasive Blasting - shall include dry, wet, mist abrasive blasting, which are defined as
follows:
Dry Abrasive Blasting -propulsion of a stream of abrasive material by means
of air, steam, or gas under pressure, for the purpose of paint removal.
Mist Abrasive Blasting - application for the purpose of paint removal or
abrading or cleaning a surface, of a water mist together with a abrasive
material which has been propelled by means of compressed air, steam, or gas.
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Wet Abrasive Blasting - application for the purpose of paint removal or
abrading or cleaning a surface, of a stream of water under pressure together (D n
with an abrasive material which has been propelled by means of compressed ` 0
air, steam, or gas.
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Abrasive Material--substance which is used to abrade or clean a surface.
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Abutter—a person who owns adjacent property.
Air Pollution—the presence in the ambient air space of one or more air contaminants or
combination thereof in such concentration and of such duration as: C
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a) to be noticeable by sight or smell;
b) to be injurious or tend to be injurious to human or animal life,
vegetation, or to property;
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c) to unreasonably interfere with the comfortable enjoyment of life and
property or the conduct of business; or
d) to create a nuisance condition as defined in M.G.L., c 111, s 122.
Ambient Air Space—all of the air space outside of the shrouded or contained work area
spreading in all directions indefinitely.
Contractor—a person who contracts to perform abrasive blasting or power sanding work
at a certain price or rate.
Power Sanding - shaIl mean the use of power tools to remove paint.
Department- The Town of Watertown Board of Health.
Exterior—outside or outdoors.
HEPA Filter Vacuum Cleaner—vacuum cleaner equipped with a high efficiency
particulate air (HEPA) filter capable of filtering out particles of 0.3 microns or greater
diameter from a body of air at 99.97% efficiency.
Manual Methods—removing paint by hand scraping.
Operator—a person who performs exterior paint removal or abrasive blasting or power
sanding under the employ and supervision of the contractor.
Paint Removal—any surface treatment with the potential for removing or dislodging any
surface coating, in its entirety or in part. Methods of paint removal may include but are
not limited to: wet, dry, or mist abrasive blasting; sanding; power sanding; scraping;
power washing; and others.
Particulate Matter—any material that exists in a finely divided form as a liquid or solid in < a
the ambient air. .o
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SECTION 4 ABRASIVE BLASTING/POWER SANDING a
No person shall engage in exterior abrasive blasting or power sanding within the Town of _
Watertown without first obtaining a permit. Abrasive blasting/power sanding is only ,
allowed as described in section 8 and 11.
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SECTION S AIR POLLUTION "v
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No person having control of any exterior dust generating operations shall cause or
contribute to air pollution in accordance to 310 CMR 7.00 or as defined in Section 3.
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SECTION 6 PERMITS
A permit, specific in location and time, shall be obtained from the Department before
abrasive blasting or power sanding commences. The Department shall set the permit fee.
Application for permit(s) shall be made on forms provided by the Department.
Permits shall be available at the work site during the duration of the blasting process.
Authorized agents of the Department may conduct onsite inspections to ensure
compliance with all applicable regulations.
SECTION 7 ABUTTER NOTIFICTION
Owners of abutting properties shall be notified on the intended dates of abrasive
blasting/power sanding by the operator.
SECTION S ABRASIVE BLASTING/POWER SANDING
Permits shall be issued for dry abrasive blasting/power sanding only for purposes for
which other means of surface preparation (e.g. wet or mist abrasive blasting) are not
feasible because of the nature of the surface and/or the nature of the required coating
material(s)to be applied, and where there is not a suitable alternative method.
Dry abrasive blasting/power sanding is allowed under the following circumstances:
a. As part of a manufacturing process in which the abrasive process is
completely enclosed without exhaust or discharge to the atmosphere, or in
which the abrasive process is enclosed and exhausted to the atmosphere in a
manner and location approved in writing by the Board of Health,
b. As part of a manufacturing, construction or repair process conducted at a < 0
location zoned for manufacturing, and for which the Board of Health has o
granted an annual renewable license setting forth the location and conditions
under which such process may be conducted.
c. As part of the permit process when no other suitable alternative method is
available. ,
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No material containing free silica(e.g. sand) or reused abrasives shall be used in abrasive �+ ;
blasting.
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SECTION 9 LEAD TESTING
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Lead testing will not be required on surfaces on which only manual methods of paint
removal are used unless required to do so by the Department.
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Lead testing will be required on painted surfaces where wet or mist abrasive blasting or
power sanding is used. Testing must be conducted on-site by a Massachusetts licensed
lead paint inspector and the results must be submitted to the Department prior to the
issuance of a permit. The property owner or contractor absorbs the cost of the testing.
SECTION 10 LEAD RESULTS
If no lead testing of surfaces is required, all work must be conducted in accordance with
the requirements of 454 CMR 22.11, "Safety Procedures for Renovation and/or
Rehabilitation."
If lead testing is required or otherwise reveals the presence of a dangerous level of lead, a
permit will be granted only if the application is accompanied by a copy of a signed
contract with a Massachusetts licensed deleading contractor who must conduct all work
in accordance with Deleading Regulations: 454 CMR 22.00, Lead Paint Regulations: 105
CMR 460.000, OSHA, and this regulation.
SECTION 11 TERMS AND CONDITIONS
Exterior abrasive blasting or power sanding is allowed only under the following
conditions:
1. The operation shall be sufficiently shrouded to contain particulate matter from
entering the ambient air space, prevent visible emissions beyond the vertically
extended property line,prevent public exposure to particulates, and prevent
deposition of particulate matter upon public and private property.
2. No operation can take place when the wind velocity exceeds twenty miles per
hour.
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3. Enclosures shall not be removed until all external surfaces, including the m
ground in the vicinity, are thoroughly cleaned of all loose material attributable � n
to the operation. .a
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SECTION 12 CLEAN-UP PROCEDURES
For abrasive blasting and power sanding operations, a HEPA vacuum shall be used to
remove all particulate matter from all surfaces, including the ground, shrubs, windows, o
doorways, ledges, and inside shrouding with the shrouded work area and ten feet beyond o -...
the work area when shrouding is removed. Additional clean-up may be done but no other
method can replace the above procedures.
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The work site shall be completely cleaned at the end of each workday. Shrouding may be m
left in place for the duration of the operation as long as vacuuming of the area inside the
shrouding takes place at the end of the day or work shift.
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It is the responsibility of the operator or contractor to prevent ground contamination as a
direct result of any abrasive, chemical, or solvent used during the paint removal or
abrasive blasting operation, or failure to recover all material and by-products. The owner
shall assume all clean-up costs and liability resulting from failure to comply with this and
other applicable regulations or failure to adequately contain and dispose of by-products of
the operation.
The cleaning shall include additional adjacent areas as deemed necessary by the
Department.
Disposal of all particulate matter shall be in accordance with all applicable DEP
regulations and at a site approved by DEP. Lead-contaminated waste materials removed
from homes by homeowners is exempt from Massachusetts Hazardous Waste Regulations
and must be disposed of in accordance with 310 CMR 19.000: Regulations for the
Disposal of Solid Wastes by Sanitary Landfills, at an approved DEP sanitary landfill.
Such waste material,however, removed from any other structure, which is in a quantity
greater than 20 kilograms and fails the E.P. Toxicity Test(conducted by a Certified
Laboratory) is subject to the Massachusetts Hazardous Waste Regulations, 310 CMR
30.000, and should be disposed of accordance with all applicable regulations.
SECTION 13 EVIDENCE OF VIOLATION
Any of the following conditions shall be prima facie evidence of violations and will result
in the immediate cessation of the paint removal operation. Work can resume when the
health agent is satisfied that the violation(s)has/have been corrected.
a. Operating without an abrasive blasting/power sanding license or permit.
b. Failure to enclose or curtain off that area of the building undergoing abrasive
blasting or power sanding.
c. Visible emission of particulate matter or air contaminants outside of the area
enclosed in accordance to sections 5 and 11.
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d. Failure to ensure adequate precautions against ground surface contamination (s
as required by Section 12. ' n
e. Failure to clean property in accordance with Section 12. 0
SECTION 14 PENALTIES
Whoever violates any provision of this regulation,the violation of which is subject to a
specific penalty, may be penalized by the non-criminal method of disposition as provided o
in General Laws, Chapter 40, section 21 D or by filing a criminal complaint at the o
appropriate venue. Each day on which any violation exists shall be deemed to be a �
separate offense.
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Penalty: $25 for first offense rZ
$50 for second offense
$100 for third offense
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Enforcing Persons: Watertown Board of Health and its
designees
SECTION 15 SEVERABILITY
In the event any section, subsection, or provision of the regulations are held to be invalid,
it shall not effect the validity of any other section, subsection or provision thereof.
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