Subject 391-3-24 LEAD-BASED PAINT HAZARD MANAGEMENT
Rule 391-3-24-.01 Scope and Applicability
| (1) | These Rules contain procedures and requirements for the accreditation of renovation and lead-based paint activities training programs, procedures and requirements for the certification of persons and firms engaged in renovation and lead-based paint activities, and standards for performing such activities. These Rules also contain requirements that all renovation and lead-based paint activities performed for compensation in target housing and child-occupied facilities shall be performed by certified persons and lead or renovation firms. No person or firm shall offer to perform renovation or lead-based paint activities without obtaining the certification and training required in these Rules. These Rules do not require the mandatory abatement of lead-based paint. |
| (2) | These Rules are applicable to all persons and firms who are engaged in renovation and lead-based paint activities as defined in Rule 391-3-24-.03, except persons who perform these activities within residential dwellings that they own, unless the residential dwelling is occupied by a person or persons other than the owner or owner's immediate family while these activities are being performed, or a child residing in the residential dwelling has been identified as having an elevated blood lead level. Each department, agency, and instrumentality of the executive, legislative, and judicial branches of the State of Georgia having jurisdiction over any property or facility, or engaged in any activity resulting, or which may result, in a lead-based paint hazard, and each officer, agent, or employee thereof, shall be subject to, and comply with all requirements, both substantive and procedural, regarding lead-based paint, lead-based paint activities, and lead-based paint hazards. |
| (3) | The information distribution requirements in Rule 391-3-24-.08 are to ensure that owners and occupants of target housing and child-occupied facilities receive information on lead-based paint hazards before renovations begin. |
| (4) | The training and
certification requirements, the standards for performing renovation activities
and associated pre-notification education and record keeping requirements under
Rule 391-3-24-.04
and Rules
391-3-24-.08 through
391-3-24-.11 apply to all
renovations performed for compensation in target housing and child-occupied
facilities, except for the following:
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| (5) | The information distribution requirements in Rule 391-3-24-.08 do not apply to emergency renovation activities. Emergency renovations other than interim controls are exempt from the warning sign, containment, waste handling, training, and certification requirements in Rule 391-3-24-.10 to the extent necessary to respond to the emergency. Interim controls performed in response to an elevated blood lead level in a resident child are also emergency renovations. Emergency renovations are not exempt from the cleaning requirements of Rule 391-3-24-.10, which must be performed by certified renovators or trained individuals, the cleaning verification requirements of Rule 391-3-24-.10, which must be performed by certified renovators, and the recordkeeping requirements of Rule 391-3-24-.11. |
Rule 391-3-24-.02 Enforcement
| (1) | The administration and enforcement of these Rules shall be in accordance with the Georgia Lead Poisoning Prevention Act of 1994, O.C.G.A. 31-41-1et seq., as amended, the Executive Reorganization Act of 1972, O.C.G.A. 12-2-1, et seq., and the Georgia Administrative Procedures Act, O.C.G.A. 50-13-1, et seq. |
| (2) | Persons and firms conducting renovation or lead-based paint activities shall permit the Division to enter, evaluate, sample and monitor any renovation and lead-based paint activity and have access to records specified in this section without charge or hindrance to the Division for the purposes of evaluating compliance with these Rules. The Division shall perform periodic and unannounced inspections of renovation and lead-based paint activities, lead firms, renovation firms, training providers and lead training courses. |
Rule 391-3-24-.03 Definitions
| (1) | "Abatement"
means any measures or set of measures designed to permanently eliminate
lead-based paint or lead-based paint hazards. Abatement includes, but is not
limited to:
|
| (2) | "Accessible surface" means an interior or exterior surface painted with lead-based paint that is accessible for a child, six (6) years of age or younger, to mouth or chew. |
| (3) | "Accredited training program" means a training program that has been accredited by the Division pursuant to section 391-3-24-.04 to provide training for persons engaged in renovation or lead-based paint activities. |
| (4) | "Adequate quality control" means a plan or design to ensure the authenticity, integrity, and accuracy of samples, including dust, soil, and paint chip or paint film samples. Adequate quality control also includes provisions for representative sampling. |
| (5) | "Agent-in-Charge" means the most responsible person at the location or activity being inspected with the direct responsibility for the property or the activity taking place, e.g., lead supervisor. |
| (6) | "Arithmetic Mean" means the number obtained by dividing the sum of a set of quantities or concentrations (such as wipe sample concentrations) by the number of quantities or concentrations in the set. |
| (7) | "Certificate of mailing" means proof of mailing and proof of delivery. |
| (8) | "Certified Dust Sampling Technician" means an individual who has been trained by an accredited training program, passed the course test, and certified by the Division to conduct dust sampling following renovation activities to meet clearance standards in Rule 391-3-24-.07. |
| (9) | "Certified Lead Firm" means a company, partnership, corporation, sole proprietorship, association, or other business entity that performs lead-based paint activities, to which the Division has issued a certificate of approval pursuant to section 391-3-24-.05. |
| (10) | "Certified Lead Inspector" means an individual who has been trained by an accredited training program and certified by the Division to conduct inspections. A lead inspector also samples for the presence of lead in paint, dust, and soil for the purposes of abatement clearance testing. |
| (11) | "Certified Lead Project Designer" means an individual who has been trained by an accredited training program, passed the course test, and certified by the Division to prepare abatement project designs, occupancy protection plans, and abatement reports. |
| (12) | "Certified Lead Risk Assessor" means an individual who has been trained by an accredited training program and certified by the Division to conduct risk assessments. A lead risk assessor also samples for the presence of lead in paint, dust, and soil for the purposes of abatement clearance testing. |
| (13) | "Certified Lead Supervisor" means an individual who has been trained by an accredited training program and certified by the Division to supervise and conduct abatements in target housing and child-occupied facilities and to prepare occupant protection plans and abatement reports. |
| (14) | "Certified Lead Worker" means an individual who has been trained by an accredited training program, passed the course test, and certified by the Division to perform abatement activities. |
| (15) | "Certified Renovation Firm" means a company, partnership, corporation, sole proprietorship, individual doing business, association, or other business entity; a Federal, State, Tribal, or local government agency; or a nonprofit organization that performs renovation activities to which the Division has issued a certificate of approval pursuant to Section 391-3-24-.09. |
| (16) | "Certified Renovator" means an individual who either performs or directs workers who perform renovations. A certified renovator is a renovator who has successfully completed a renovator course by an accredited training program, passed the course test, and been certified by the Division to perform renovation activities. |
| (17) | "Chewable surface" means an interior or exterior surface painted with lead-based paint that a child six (6) years of age or younger can mouth or chew. A chewable surface is the same as an "accessible surface" as defined in 42 U.S.C. 4851 b(2). Hard metal substrates and other materials that cannot be dented by the bite of a young child are not considered chewable. |
| (18) | "Child-occupied facility" means a building, or portion of a building constructed prior to 1978, visited by the same child, six years of age or under, on at least two different days within the same week (Sunday through Saturday period), provided each day's visit lasts at least three hours and the combined weekly visit lasts at least six hours. Child-occupied facilities include, but are not limited to, day-care centers, pre-schools and kindergarten classrooms. |
| (19) | "Cleaning verification card" means a card developed and distributed, or otherwise approved, by EPA for the purpose of determining, through comparison of wet and dry disposable cleaning cloths with the card, whether post-renovation cleaning has been properly completed. |
| (20) | "Clearance levels" means a value that indicates the maximum amount of lead permitted in dust on a surface in micrograms per square foot (µg/ft2), or the values applicable to lead hazards abatement within the scope of the project, following completion of an abatement activity. |
| (21) | "Commissioner" means the Commissioner of the Board of Natural Resources, Department of Natural Resources. |
| (22) | "Common area" means a portion of a building that is generally accessible to all occupants. Such an area may include, but is not limited to, hallways, stairways, laundry and recreational rooms, playgrounds, community centers, garages and boundary fences. |
| (23) | "Completion date" means the date on which all activities on a permitted lead-based paint abatement project requiring the use of certified persons are complete, including, but not limited to, the complete disassembly of all removal area barriers, final clearance testing and disposal of all lead-based paint waste. |
| (24) | "Component or building component" means specific design or structural elements or fixtures of a building, residential dwelling, or child-occupied facility that are distinguished from each other by form, function, and location. These include, but are not limited to, interior components such as: ceilings, crown molding, walls, chair rails, doors, door trim, floors, fireplaces, radiators and other heating units, shelves, shelf supports, stair treads, stair risers, stair stringers, newel posts, railing caps, balustrades, windows and trim, including sashes, window heads, jambs, sills, stools and troughs, built-in cabinets, columns, beams, bathroom vanities, counter tops, and air conditioners; and exterior components such as: painted roofing, chimneys, flashing, gutters and downspouts, ceilings, soffits, fascias, rake boards, corner boards, bulkheads, doors and door trim, fences, floors, joists, lattice work, railings and railing caps, siding, handrails, stair risers and treads, stair stringers, columns, balustrades, window sills, casings, sashes, wells and troughs, and air conditioners. |
| (25) | "Concentration" means the relative content of a specific substance contained within a larger mass, such as the amount of lead (micrograms per gram or parts per million by weight) in a sample of dust or soil. |
| (26) | "Containment" means a process to protect the public, occupants, workers and the environment by controlling exposures to the lead-contaminated dust and debris created during an abatement. |
| (27) | "Course agenda" means an outline of the key topics to be covered during a training course, including the time allotted to teach each topic. |
| (28) | "Course test" means an evaluation of the overall effectiveness of the training, which shall test the trainees' knowledge and retention of the topic covered during the course. |
| (29) | "Course test blueprint" means written documentation identifying the proportion of course test questions devoted to each major topic in the course curriculum. |
| (30) | "Deteriorated paint" means any interior or exterior paint or other coating that is peeling, chipping, chalking or cracking or any paint or coating located on an interior or exterior surface or fixture that is otherwise damaged or separating from the substrate. |
| (31) | "Director" means the Director of the Environmental Protection Division of the Department of Natural Resources or his designees. |
| (32) | "Discipline" means one of the specific types or categories of lead-based paint activities identified in these Rules for which persons may receive training from accredited training programs and become certified by the Division. For example, "Lead worker" is a discipline. |
| (33) | "Distinct painting history" means the application history, as indicated by its visual appearance or a record of application, over time, of paint or other surface coatings to a component or room. |
| (34) | "Disturb" means to break up, burn, crush, cut into, dissolve, sand, scrape, abrade, remove, demolish, or otherwise manipulate a painted surface in a manner that generates dust, paint chips, or debris. |
| (35) | "Division" means the Environmental Protection Division of the Department of Natural Resources and shall where applicable include any contractors selected by the Division to carry out any provisions of these Rules. |
| (36) | "Documented methodologies" are current
methods or protocols, e.g., ASTM E1728-03, used to sample for the presence of
lead in paint, dust, and soil found in the following:
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| (37) | "Dripline" means the area within 3 feet surrounding the perimeter of a building. |
| (38) | "Dry disposable cleaning cloth" means a commercially available dry, electrostatically charged, white disposable cloth designed to be used for cleaning hard surfaces such as uncarpeted floors or counter tops. |
| (39) | "Dust-lead hazard" means surface dust in a residential dwelling or child-occupied facility that contains a mass-per-area concentration of lead equal to or exceeding 40 micrograms per square foot (µg/ft2), on floors or equal to or exceeding 250 micrograms per square foot (µg/ft2), on interior window sills based on wipe samples. |
| (40) | "Elevated blood lead level (EBL)" means an excessive absorption of lead that is a confirmed concentration of lead in whole blood of 20 µg/dl (micrograms of lead per deciliter of whole blood) for a single venous test or of 15-19 µg/dl in two consecutive venous tests taken 3 to 4 months apart. |
| (41) | "Emergency lead-based paint abatement project" means a lead-based paint abatement project that has been determined by a lead risk assessor and the Division to be an imminent lead-based paint hazard to building occupants in a child-occupied facility. |
| (42) | "Emergency renovation project" means a renovation activity that was not planned but resulted from a sudden, unexpected event (such as non-routine failures of equipment) that, if not immediately attended to presents a safety or public health hazard, or threatens equipment and/or property with significant damage. |
| (43) | "Encapsulant" means a substance that forms a barrier between lead-based paint and the environment using a liquid-applied coating (with or without reinforcement materials) or an adhesively bonded covering material. |
| (44) | "Encapsulation" means the application of an encapsulant. |
| (45) | "Enclosure" means the use of rigid, durable construction materials that are mechanically fastened to the substrate in order to act as a barrier between lead-based paint and the environment. |
| (46) | "Floor" means the interior or exterior installed surface on which one stands, walks, crawls or plays. For exterior entrances, the term does not include sidewalks or uncovered porches (e.g. a porch with no roof). |
| (47) | "Friction Surface" means an interior or exterior surface that is subject to abrasion or friction, including, but not limited to, certain windows, floors and stair surfaces. |
| (48) | "Guest Instructor" means a person designated by the training manager or principal instructor to provide instruction specific to the lecture, hands-on activities or work practice components of a course. |
| (49) | "Hands-on skills assessment" means an evaluation, which tests the trainees' ability to satisfactorily perform the work practices and procedures identified in 391-3-24-.04 of these Rules. |
| (50) | "Hazardous waste" means any solid waste which has been defined as hazardous waste in regulations promulgated by Board of Natural Resources, Chapter 391-3-11. |
| (51) | "Health investigation" means the investigation of target housing or a child-occupied facility housing a child, six years of age or under, with an elevated blood lead level. The purpose of a health investigation is to identify a cause or causes for the lead poisoning of a child. |
| (52) | "HEPA vacuum. means a vacuum cleaner, which has been designed with a high-efficiency particulate air (HEPA) filter as the last filtration stage. A HEPA filter is a filter that is capable of capturing particles of 0.3 microns with 99.97 percent (99.97%) efficiency. The vacuum cleaner must be designed, so that all the air drawn into the machine is expelled through the HEPA filter with none of the air leaking past it. |
| (53) | "Impact surface" means an interior or exterior surface that is subject to damage by repeated sudden force, such as certain parts of door frames. |
| (54) | "Inspection" means a surface-by-surface investigation conducted by a lead inspector to determine the presence of lead-based paint and the provision of a report explaining the results of the investigation. |
| (55) | "Interim controls" means a set of measures designed to temporarily reduce human exposure or likely exposure to lead-based paint hazards including, but not limited to specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards, standard treatments, and the establishment and operation of management and resident education programs. |
| (56) | "Interior window sill" means the portion of the horizontal window ledge that protrudes into the interior of the room. |
| (57) | "Lead-based paint (LBP)" means paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram(s) per square centimeter (mg/cm2), or 0.5 percent (0.5%) by weight or 5000 parts per million (ppm). |
| (58) | "Lead-based paint abatement project" means the abatement of lead-based paint or lead-based paint hazards from one or more residential dwelling units and/or child-occupied facilities located within the same local government jurisdiction and submitted under a common project notification. |
| (59) | "Lead-based paint activities" means, in the case of target housing and child-occupied facilities, inspection, risk assessment, and abatement, as defined in this Rule. Lead-based paint activities do not include renovation, as defined in this Rule. |
| (60) | "Lead-based paint hazard" means any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, or lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as identified pursuant to Toxic Substance Control Act (TSCA) section 403. |
| (61) | "Lead-contaminated dust" means surface dust in residential dwellings or in child-occupied facilities that contain an area or mass concentration of lead at or in excess of levels identified pursuant to Rule 391-3-24-.07. |
| (62) | "Lead-contaminated soil" means bare soil on residential real property or on the property of a child-occupied facility that contains lead at or in excess of levels identified pursuant to Rule 391-3-24-.03(85). |
| (63) | "Lead-hazard screen" is a limited risk assessment activity that involves limited paint and dust sampling as described in 391-3-24-.06(3) of these Rules. |
| (64) | "Living Area" means any area of a residential dwelling used by one or more children age six (6) and under, including, but not limited to, living rooms, kitchen areas, dens, play rooms, and children's bedrooms. |
| (65) | "Loading" means the quantity of a specific substance present per unit of surface area, such as the amount of lead in micrograms contained in the dust collected from a certain surface area divided by the surface area in square feet or square meters. |
| (66) | "Mid-yard" means an area of a residential yard approximately midway between the dripline of a residential building and the nearest property boundary or between the driplines of a residential building and another building on the same property. |
| (67) | "Minor repair and maintenance activities" are activities, including minor heating, ventilation or air conditioning work, electrical work, and plumbing, that disrupt 6 square feet or less of painted surface per room for interior activities or 20 square feet or less of painted surface for exterior activities where none of the work practices prohibited or restricted in Rule 391-3-24-.10(3)(c) are used and where the work does not involve window replacement or demolition of painted surface areas. When removing painted components, or portions of painted components, the entire surface area removed is the amount of painted surface disturbed. Jobs, other than emergency renovations, performed in the same room within the same 30 days must be considered the same job for the purpose of determining whether the job is a minor repair and maintenance activity. |
| (68) | "Multi-family dwelling" means a structure that has more than one separate dwelling unit, which is used or occupied, or intended to be used or occupied in whole or in part, as the home or residence of one or more persons. |
| (69) | "Occupant Protection Plan" means a written plan which describes the measure and management procedures that will be taken during abatement to protect building occupants from exposure to lead-based paint hazards. The plan shall be unique to each residential dwelling unit or child-occupied facility. For projects less than five units, the plan shall be prepared by a certified lead supervisor or certified lead project designer. For projects with five or more units, the plan shall be prepared by a lead project designer. The plan shall include the preparer's signature and certification number. |
| (70) | "Paint in poor condition" means more than ten (10) square feet of deteriorated paint on exterior components with large surface areas; or more than two (2) square feet of deteriorated paint on interior components with large surface areas (e.g., walls, ceilings, floors, doors); or more than 10 percent (10%) of the total surface area of the component is deteriorated on interior or exterior components with small surface areas (window sills, baseboards, soffits, trim). |
| (71) | "Paint-lead hazard"
means any of the following:
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| (72) | "Pamphlet" means the EPA pamphlet titled Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools developed under section 406(a) of TSCA for use in complying with section 406(b) of TSCA or any Division pamphlet approved by EPA pursuant to 40 CFR 745.326 that is developed for the same purpose. This includes reproductions of the pamphlet when copied in full and without revision or deletion of material from the pamphlet except for the addition or revision of the Division's sources of information. |
| (73) | "Permanently covered soil" means soil which has been separated from human contact by the placement of a barrier consisting of solid, relatively impermeable materials, such as pavement or concrete. Grass, mulch and other landscaping materials are not considered permanent covering. |
| (74) | "Person" means the State of Georgia or any agency or instrumentality thereof, or any political subdivision, municipality, county, public or private corporation, authority, partnership, individual or association; any interstate body; or department, agency, or instrumentality of the Federal Government. |
| (75) | "Play Area" means an area of frequent soil contact by children six (6) years of age or less as indicated by, but not limited to, such factors including the following: the presence of play equipment (e.g., sandboxes, swing sets, and sliding boards), toys, or other children's possessions, observations of play patterns, or information provided by parents, residents, care givers, or property owners. |
| (76) | "Principal instructor" means the person who has the primary responsibility for organizing and teaching a particular course. |
| (77) | "Recognized laboratory" means an environmental laboratory recognized by EPA pursuant to TSCA 405(b) as being capable of performing an analysis for lead compounds in paint, soil and dust. |
| (78) | "Recognized test kit" means a commercially available kit recognized by EPA under 40 Code of Federal Regulations 745.88 as being capable of allowing a user to determine the presence of lead at levels equal to or in excess of 1.0 milligrams per square centimeter (mg/cm2), or more than 0.5 percent (0.5%) lead by weight, in a paint chip, paint powder, or painted surface. |
| (79) | "Reduction" means measures designed to reduce or eliminate human exposure to lead-based paint hazards through methods including interim controls and abatement. |
| (80) | "Renovation" means the modification of any existing structure, or portion thereof, that results in the disturbance of painted surfaces, unless that activity is performed as part of an abatement as defined by this Rule. The term renovation includes (but is not limited to): the removal, modification or repair of painted surfaces or painted components (e.g., modification of painted doors, surface restoration, window repair, surface preparation activity (such as sanding, scraping, or other such activities that may generate paint dust)); the removal of building components (e.g., walls, ceilings, plumbing, windows); weatherization projects (e.g., cutting holes in painted surfaces to install blown-in insulation or to gain access to attics, planing thresholds to install weather-stripping), and interim controls that disturb painted surfaces. A renovation performed for the purpose of converting a building, or part of a building, into target housing or a child-occupied facility is a renovation. The term renovation does not include minor repair and maintenance activities. |
| (81) | "Renovation activities" mean any activities performed during a renovation including dust sampling following renovation. |
| (82) | "Residential building" means a building containing one or more residential dwellings. |
| (83) | "Residential
dwelling" means
|
| (84) | "Risk assessment" means
|
| (85) | "Room" means a separate part of the inside of a building, such as a bedroom, living room, dining room, kitchen, bathroom, laundry room, or utility room. To be considered a separate room, the room must be separated from adjoining rooms by built-in walls or archways that extend at least six (6) inches from an intersecting wall. Half walls or bookcases count as room separators if built-in. Moveable or collapsible partitions or partitions consisting solely of shelves or cabinets are not considered built-in walls. A screened in porch that is used as a living area is a room. |
| (86) | "Soil-lead hazard" means bare soil on residential real property or on the property of a child-occupied facility that contains total lead equal to or exceeding 400 parts per million in a play area or average of 1,200 parts per million of bare soil in the rest of the yard based on soil samples. |
| (87) | "Soil sample" means a sample collected in a representative location using ASTM E1727, "Standard Practice for Field Collection of Soil Samples for Lead Determination by Atomic Spectrometry Techniques," or equivalent method. |
| (88) | "Start date" means the date on which activities begin on a notified lead-based paint abatement project requiring the use of certified persons, including the abatement area isolation and preparation or any other activity which may disturb lead-based paint. Start date also means the date on which activities begin on a permitted renovation project. |
| (89) | "Target housing" means any housing constructed prior to 1978, except housing for the elderly or persons with disabilities (unless any child/children age six (6) years or under reside or is expected to reside in such housing for the elderly or persons with disabilities) or any zero (0)-bedroom dwelling. |
| (90) | "Third party certification exam" means a third party examination in a particular discipline which is recognized by the Division and administered by a third party certification exam administrator. |
| (91) | "Third party certification exam administrator" means an administrator which is accepted by the Division to conduct third party certification exams. |
| (92) | "Training course curriculum" means an established set of course topics for instruction in an accredited training program for a particular discipline designed to provide specialized knowledge and skills. |
| (93) | "Training hour" means at least 50 minutes of actual teaching, including, but not limited to, time devoted to lecture, learning activities, small group activities, demonstrations, evaluations, and/or hands-on experience. |
| (94) | "Training manager" means the person responsible for administering an accredited training program and monitoring the performance of principal instructors and guest instructors. |
| (95) | "TSCA" means the Toxic Substances Control Act, 15 U.S.C. 2601. |
| (96) | "Visual inspection for clearance testing" means the visual examination of a residential dwelling or a child-occupied facility following an abatement to determine whether or not the abatement has been successfully completed. |
| (97) | "Visual inspection for risk assessment" means the visual examination of a residential dwelling or a child-occupied facility to determine the existence of deteriorated lead-based paint or other potential sources of lead-based paint hazards. |
| (98) | "Weighted Arithmetic Mean" means an arithmetic mean determined by assigning a multiplier to each quantity or concentration (such as a wipe sample concentration) to be averaged to indicate the relative importance of each quantity's contribution to the average. For example, multiplying each wipe sample concentration by the size of the area wiped, adding the resulting mathematical products, adding the size of the areas wiped, and dividing the sum of the mathematical products by the sum of the areas wiped. |
| (99) | "Wet disposable cleaning cloth" means a commercially available, pre-moistened white disposable cloth designed to be used for cleaning hard surfaces such as uncarpeted floors or counter tops. |
| (100) | "Wet mopping system" means a device with the following characteristics: A long handle, a mop head designed to be used with disposable absorbent cleaning pads, a reservoir for cleaning solution, and a built-in mechanism for distributing or spraying the cleaning solution onto a floor, or a method of equivalent efficacy. |
| (101) | "Window trough" means, for the typical double-hung window, the portion of the exterior windowsill between the interior windowsill (or stool) and the frame of the storm window. If there is no storm window, the window trough is the area that receives both the upper and lower window sashes when they are both lowered. The window trough is sometimes referred to as the window "well". |
| (102) | "Wipe sample" means the sample collected by wiping a representative surface of known area, as determined by ASTM E1728, "Standard Practice for Field Collection of Settled Dust Samples Using Wipe Sampling Methods for Lead Determination by Atomic Spectrometry Techniques," or equivalent method, with an acceptable wipe material as defined in ASTM E1792, "Standard Specification for Wipe Sampling Materials for Lead in Surface Dust." |
| (103) | "Work area. means the area that the certified renovator establishes to contain the dust and debris generated by a renovation. |
| (104) | "Working day" means any day Monday through Friday. Holidays falling on any of these days are included in this definition. |
| (105) | "Zero (0)-bedroom dwelling" means any residential dwelling in which the living area is not separated from the sleeping area. The term includes efficiencies, studio apartments, dormitory housing, military barracks, and rentals of individual rooms in residential dwellings. |
Rule 391-3-24-.04 Accreditation of Training Programs
| (1) | Scope.
|
| (2) | Application Process. The following are
procedures and requirements an applicant must meet when applying to the
Division for accreditation:
|
| (3) | Minimum Requirements for the
Accreditation of Training Programs.
|
| (4) | Minimum Training Curricula
Requirements for Training Courses.
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| (5) | Minimum Requirements for the
Accreditation of Refresher Training Programs.
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| (6) |
Minimum Requirements for Training Program Notification and Recordkeeping.
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| (7) |
Minimum Requirements for Renewals of Accredited Training Programs.
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| (8) |
Reciprocity.
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| (9) | Recognition
of EPA Training Program Accreditation
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| (10) |
Suspension, Revocation, and Modification of Accredited Training Programs.
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Rule 391-3-24-.05 Certification of Persons and Firms Conducting Lead-Based Paint Activities
| (1) | Scope.
|
| (2) | Application
Process. The following are procedures and requirements an applicant must meet
when applying to the Division for certification:
|
| (3) | Third Party Certification
Exam.
|
| (4) | Renewal of
Certification.
|
| (5) |
Reciprocity.
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| (6) |
Suspension, Revocation, and Modification.
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Rule 391-3-24-.06 Standards for Conducting Lead-Based Paint Activities
| (1) | Scope.
|
| (2) | Inspection.
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| (3) | Lead Hazard Screen.
|
| (4) |
Risk Assessment.
|
| (5) | Abatement.
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| (6) | Collection
and Laboratory Analysis of Samples.
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| (7) | A paint-lead hazard is
present:
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| (8) | A dust-lead hazard is present
in a residential dwelling or child-occupied facility:
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| (9) | A soil-lead hazard is present:
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| (10) | Project Fees.
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| (11) | Lead-Based Paint Abatement
Project Notification.
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| (12) | Recordkeeping.
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Rule 391-3-24-.07 Lead Clearance Levels
Clearance procedures shall be conducted on all abatement projects by a certified inspector or lead risk assessor after appropriate cleaning has been completed. The following lead clearance levels must be met.
CLEARANCE DUST STANDARDS (Wipe Sampling Only)
|
Surface/ Medium |
Level (µg/ft2) (Equal to or less than) |
|
Bare and carpeted floors |
40 µg/ft2 |
|
Interior Window Sills |
250 µg/ft2 |
|
Window Troughs |
400 µg/ft2 |
|
Exterior Concrete |
800 µg/ft2 |
Rule 391-3-24-.08 Information Distribution Requirements Before Conducting Renovation Activities
| (1) | Renovations in dwelling units.
No more than 60 days before beginning renovation activities in any
residential dwelling unit of target housing, the firm performing the renovation
must:
|
| (2) | Renovations in
common areas. No more than 60 days before beginning renovation activities in
common areas of multi-unit target housing, the firm performing the renovation
must:
|
| (3) | Renovations in child-occupied facilities.
No more than 60 days before beginning renovation activities in any
child-occupied facility, the firm performing the renovation must:
|
| (4) |
Written acknowledgment. The written acknowledgments required in this Section
must:
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Rule 391-3-24-.09 Certification of Persons and Firms Conducting Renovation Activities
| (1) | Scope.
|
| (2) | Application Process. The following are
procedures and requirements an applicant must meet when applying to the
Division for certification:
|
| (3) | Renewal of Certification.
|
| (4) |
Reciprocity.
|
| (5) | Suspension, Revocation, and Modification.
|
Rule 391-3-24-.10 Standards for Conducting Renovation Activities
| (1) | Renovator responsibilities. Certified
renovators are responsible for ensuring compliance with all renovations to
which they are assigned. A certified renovator:
|
| (2) | Dust sampling technician
responsibilities. When performing optional dust clearance sampling, a certified
dust sampling technician:
|
| (3) | Standards for renovation
activities. Renovations must be performed by certified renovation firms using
at least one (1) certified renovator while conducting renovations. The
responsibilities of certified firms and certified renovators are set forth in
Rule 391-3-24-.10.
|
| (4) | Standards for post-renovation cleaning
verification
|
| (5) | Optional dust clearance
testing. Cleaning verification need not be performed if the contract between
the renovation firm and the person contracting for the renovation or another
Federal, State, Territorial, Tribal, or local law or regulation requires:
|
| (6) | Activities conducted after post-renovation cleaning verification. Activities that do not disturb lead-based paint, such as applying paint to walls that have already been prepared, are not regulated by this subpart if they are conducted after post-renovation cleaning verification has been performed. |
Rule 391-3-24-.11 Recordkeeping and Reporting Requirements for Renovation Activities
| (1) | Firms performing renovations must retain and, if requested, make available to the Division all records necessary to demonstrate compliance with this section for a period of three (3) years following completion of the renovation. This three (3) year retention requirement does not supersede longer obligations required by other provisions for retaining the same documentation, including any applicable federal, State or Tribal laws or regulations. |
| (2) | Records that must be retained pursuant to
this Section shall include (where applicable):
|
| (3) |
When the final invoice for the renovation is delivered or within 30 days of the
completion of the renovation, whichever is earlier, the renovation firm must
provide information pertaining to compliance with this subpart to the following
persons:
|
| (4) | When performing renovations in common areas of multi-unit target housing, renovation firms must post the information required by this subpart or instructions on how interested occupants can obtain a copy of this information. This information must be posted in areas where it is likely to be seen by the occupants of all of the affected units. |
| (5) | The information, required to be provided in this section, may be provided by completing the sample form titled "Sample Renovation Recordkeeping Checklist" or a similar form containing the test kit information, and the training and work practice compliance information required by this Rule. |
| (6) | If dust clearance
sampling is performed in lieu of cleaning verification as permitted by Rule
391-3-24-.10, the renovation firm
must provide, when the final invoice for the renovation is delivered or within
30 days of the completion of the renovation, whichever is earlier, a copy of
the dust sampling report to:
|
Rule 391-3-24-.12 Lead-Based Paint Hazard Management Program Fees
| (1) | Persons, individuals and firms who must
pay fees. Fees in accordance with this Rule must be paid by:
|
| (2) | Lost or replacement certificate. A $25 fee will be charged for the replacement of a firm or individual certificate. |
| (3) | The fee schedule
for lead-based paint and renovation activities is found in Table 1 of this
section.
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