HAR §11-41-4. program under subsection (i)

If a refresher training program's application is disapproved, the program may reapply for accreditation at any time. (f) Re-accreditation of training programs. (1) Unless re-accredited, a training program's accreditation (including refresher training accreditation) shall expire four years after the date of issuance. If a training program meets the requirements of this section, the training program shall be re-accredited. (2) A training program seeking re-accreditation shall submit an application to the department no later than sixty days before its accreditation expires. If a training program does not submit its application for re-accreditation by that date, the department cannot guarantee that the program will be re-accredited before the end of the accreditation period. (3) The training program's application for re- accreditation shall contain: (A) The training program's name, address, and telephone number. (B) A list of courses for which it is applying for re-accreditation. For the purposes of this section, courses taught in different languages and electronic learning courses are considered different courses, and each shall independently meet the accreditation requirements. (C) The name and qualifications of the training program manager. (D) The name and qualifications of the principal instructor. (E) A description of any changes to the training facility, equipment, or course materials since its last application was approved that adversely affects the students' ability to learn. 41-35 §11-41-4 (F) A statement signed by the program manager stating that: (i) The training program complies at all times with all requirements in subsections (c) and (e), as applicable; and (ii) The record keeping and reporting requirements of subsection (i) shall be followed. (G) A payment of appropriate fees in accordance with section 11-41-10. (4) Upon request, the training program shall allow the department to audit the training program to verify the contents of the application for re-accreditation as described in paragraph 3. (g) Suspension, revocation, and modification of accredited training programs. (1) The department may, after notice and an opportunity for hearing, suspend, revoke, or modify training program accreditation, including refresher training accreditation, if a training program, training manager, or other person with supervisory authority over the training program has: (A) Misrepresented the contents of a training course to the department or the student population, or both. (B) Failed to submit required information or notifications in a timely manner. (C) Failed to maintain required records. (D) Falsified accreditation records, instructor qualifications, or other accreditation-related information or documentation. (E) Failed to comply with the training standards and requirements in this section. (F) Failed to comply with federal, state, or local lead-based paint statutes or regulations. 41-36 §11-41-4 (G) Made false or misleading statements to the department in its application for accreditation or re-accreditation, which the department relied upon in approving the application. (2) In addition to an administrative or judicial finding of violation, execution of a consent agreement in settlement of an enforcement action constitutes, for purposes of this section, evidence of a failure to comply with relevant statutes or regulations. (h) Procedures for suspension, revocation, or modification of training program accreditation. (1) Prior to taking action to suspend, revoke, or modify the accreditation of a training program, the department shall notify the affected entity in writing of the following: (A) The legal and factual basis for the suspension, revocation, or modification. (B) The anticipated commencement date and duration of the suspension, revocation, or modification. (C) Actions, if any, which the affected entity may take to avoid suspension, revocation, or modification, or to receive accreditation in the future. (D) The opportunity and method for requesting a hearing prior to final action by the department to suspend, revoke, or modify accreditation. (E) Any additional information, as appropriate, which the department may provide. (2) If a hearing is requested by the accredited training program, the department shall: (A) Provide the affected entity an opportunity to offer written statements in response to the department's assertions of the legal and factual basis for its proposed action, and any other explanations, comments, and 41-37 §11-41-4 arguments it deems relevant to the proposed action. (B) Provide the affected entity such other procedural opportunities as the department may deem appropriate to ensure a fair and impartial hearing. (C) Appoint a hearings officer to conduct the hearing. (D) No person shall serve as hearings officer if he or she has had any prior connection with the specific matter. (3) The hearings officer appointed pursuant to paragraph (2) shall: (A) Conduct a fair, orderly, and impartial hearing within ninety days of the request for a hearing. (B) Consider all relevant evidence, explanation, comment, and argument submitted. (C) Notify the affected entity in writing within ninety days of completion of the hearing of his or her decision and order. Such an order is a final agency action that may be subject to judicial review. (4) If the department determines that the public health, interest, or welfare warrants immediate action to suspend the accreditation of any training program prior to the opportunity for a hearing, it shall: (A) Notify the affected entity of its intent to immediately suspend training program accreditation for the reasons listed in subsection (g) (1). If a suspension, revocation, or modification notice has not previously been issued pursuant to subsection (g) (1), it shall be issued at the same time the emergency suspension notice is issued. (B) Notify the affected entity in writing of the grounds for the immediate suspension and why it is necessary to 41-38 §11-41-4 suspend the entity's accreditation before an opportunity for a suspension, revocation, or modification hearing. (C) Notify the affected entity of the anticipated commencement date and duration of the immediate suspension. (D) Notify the affected entity of its right to request a hearing on the immediate suspension within fifteen days of the suspension taking place and the procedures for the conduct of such a hearing. (5) Any notice, decision, or order issued by the department under this section, any transcripts or other verbatim record of oral testimony, and any documents filed by an accredited training program in a hearing under this section shall be available to the public, except as otherwise provided by law. Any such hearing at which oral testimony is presented shall be open to the public, except that the hearings officer may exclude the public to the extent necessary to allow presentation of information which may be entitled to confidential treatment. (6) The public shall be notified of the suspension, revocation, modification, or reinstatement of a training program's accreditation through appropriate mechanisms. (7) The department shall maintain a list of parties whose accreditation has been suspended, revoked, modified, or reinstated. (i) Training program record keeping requirements. (1) Accredited training programs shall maintain, and make available to the department, upon request, the following records: (A) All documents specified in subsection (c) (4) that demonstrate the qualifications listed in subsection 41-39 §11-41-4 (c) (1) and (2) of the training manager and principal instructors. (B) Current curriculum and course materials and documents reflecting any changes made to these materials. (C) The course test blueprint. (D) Information regarding how the hands-on assessment is conducted including, but not limited to: (i) Who conducts the assessment; (ii) How the skills are graded; (iii) What facilities are used; and (iv) The pass or fail rate. (E) The quality control plan as described in subsection ( c) ( 9 ) . (F) Results of the students' hands-on skills assessments and course tests, and a record of each student's course completion certificate. (G) Any other material not listed in subparagraphs (A) to (F) that was submitted to the department as part of the program's application for accreditation. (H) For course modules delivered in an electronic format, a record of each student's logins, launches, progress, and completion, and a copy of the electronic learning completion certificate for each student. (2) The training program shall retain these records at the address specified on the training program accreditation application (or as modified in accordance with paragraph (3)) for a minimum of three years and six months. (3) The training program shall notify the department in writing within thirty days of changing the address specified on its training program accreditation application or transferring the records from that address. 41-40 §11-41-5 (j) Amendment of accreditation. (1) A training program shall amend its accreditation within ninety days of the date a change occurs to information included in the program's most recent application. If the training program fails to amend its accreditation within ninety days of the date the change occurs, the program may not provide training until its accreditation is amended. (2) To amend an accreditation, a training program shall submit a completed "Accreditation Application for Training Providers," signed by an authorized agent of the training provider, noting on the form that it is submitted as an amendment and indicating the information that has changed. (3) Training managers, principal instructors, permanent training locations. If the amendment includes a new training program manager, any new or additional principal instructor, or any new permanent training location, the training provider is not permitted to provide training under the new training manager or offer courses taught by any new principal instructor or at the new training location until the department either approves the amendment or thirty days have elapsed, whichever occurs earlier. [Eff 10/3/05; am and comp _ 8 2023 (Auth: HRS §§342P-3, 342P-28, 342P-41, 342P-42) (Imp: HRS §§342P-3, 342P-41, 342P-42) §11-41-5 Certification of individuals and firms engaged in lead-based paint activities: target housing and child-occupied facilities. (a) Certification of individuals. (1) Individuals seeking certification by the department to engage in lead-based paint 41-41 §11-41-5 activities shall submit to the department an application demonstrating that they meet the requirements established in subsection (b) or (c) for the particular discipline for which certification is sought. (2) Following the submission of an application demonstrating that all the requirements of this section have been met, the department shall certify an applicant as an inspector, risk assessor, supervisor, project designer, or abatement worker, as appropriate, for a period of three years, except as provided in paragraph (5). (3) Upon receiving certification from the department, individuals conducting lead- based paint activities shall comply with the work practice standards for performing the appropriate lead-based paint activities as established in section 11-41-6. ( 4) It shall be a violation of this chapter for an individual to conduct any of the lead- based paint activities described in section 11-41-6 if that individual has not been certified by the department pursuant to this section to do so. (5) Individuals who have a current lead-based paint activities certification from EPA or an EPA-authorized state or Indian Tribal accredited training program shall be eligible for certification by the department. To apply for certification in a particular discipline, an individual with a current certification in that discipline from EPA or an EPA-authorized state or Indian Tribal accredited training program shall submit a copy of her or his current certification. The department shall issue a certification that expires on the expiration date of the individual's current certification. 41-42 §11-41-5 (6) Individuals applying for certification shall submit the appropriate fees in accordance with section 11-41-10. (b) Inspector, risk assessor, or supervisor. (1) To become certified by the department as an inspector, risk assessor, or supervisor, pursuant to subsection (a) (1), an individual shall: successfully complete an accredited course in the appropriate discipline and receive a course completion certificate from an accredited training program; pass the certification exam in the appropriate discipline offered by the department; and meet or exceed the following experience and education requirements: (A) Inspectors. No additional experience or education requirements. (B) Risk Assessors. Successful completion of an accredited training course for inspectors and: (i) Bachelor's degree and one year of experience in a related field (e.g., lead, asbestos, environmental remediation work, or construction), or an Associate's degree and two years of experience in a related field (e.g., lead, asbestos, environmental remediation work, or construction); (ii) Certification as an industrial hygienist, professional engineer, registered architect, or certification in a related engineering, health, or environmental field (e.g., safety professional, environmental (iii) scientist); or A high school diploma (or equivalent), and at least three years of experience in a related field (e.g., lead, asbestos, 41-43 I , §11-41-5 environmental remediation work, or construction) . (C) Supervisors. (i) One year of experience as a certified lead-based paint abatement worker; or (ii) At least two years of experience in a related field (e.g., lead, asbestos, or environmental remediation work) or in the building trades. (2) The following documents shall be recognized by the department as evidence of meeting the requirements listed in paragraph (1): (A) Official academic transcripts or diploma, as evidence of meeting the education requirements. (B) Resumes, letters of reference, or documentation of work experience, as evidence of meeting the work experience requirements. (C) Course completion certificates from lead-specific or other related training courses, issued by accredited training programs, as evidence of meeting the training requirements. (3) In order to take the certification examination for a particular discipline an individual shall: (A) Successfully complete an accredited course in the appropriate discipline and receive a course completion certificate from an accredited training program. (B) Meet or exceed the education and experience requirements in paragraph ( 1) . (4) After passing the appropriate certification exam and submitting an application demonstrating that he or she meets the appropriate training, education, and experience prerequisites described in 41-44 §11-41-5 paragraph (1), an individual shall be issued a certificate by the department. To maintain certification, an individual shall be re- certified as described in subsection (e). (5) An individual may take the certification exam no more than three times within sixty days of receiving a course completion certificate. (6) If an individual does not pass the certification exam and receive a certificate within sixty days of receiving his or her course completion certificate, the individual shall retake the appropriate course from an accredited training program before reapplying for certification from the department. (c) Abatement worker and project designer. (1) To become certified by the department as an abatement worker or project designer, pursuant to subsection (a) (1), an individual shall successfully complete an accredited course in the appropriate discipline and receive a course completion certificate from an accredited training program and meet or exceed the following additional experience and education requirements: (A) Abatement workers. No additional experience or education requirements. (B) Project designers. Successful completion of an accredited training course for supervisors and: (i) Bachelor's degree in engineering, architecture, or a related profession and one year of experience in building construction and design or a related field; or (ii) Four years of experience in building construction and design or a related field. 41-45 , ·,., f' §11-41-5 (2) The following documents shall be recognized by the department as evidence of meeting the requirements listed in paragraph (1): (A) Official academic transcripts or diploma, as evidence of meeting the education requirements. (B) Resumes, letters of reference, or documentation of work experience, as evidence of meeting the work experience requirements. (C) Course completion certificates from lead-specific or other related training courses, issued by accredited training programs, as evidence of meeting the training requirements. (3) After successfully completing the appropriate training courses and meeting any other qualifications described in paragraph (1), an individual shall be issued a certificate from the department. To maintain certification, an individual shall be re- certified as described in subsection (e). (d) Reserved. (e) Re-certification. (1) To maintain certification in a particular discipline, a certified individual shall apply to and be re-certified by the department in that discipline before their certification expires. (2) An individual shall be re-certified if the individual successfully completes the appropriate accredited refresher training course and submits a valid copy of the appropriate refresher course completion certificate. (3) Individuals applying for re-certification shall submit the appropriate fees in accordance with section 11-41-10. (f) Certification and re-certification of firms. (1) All firms which perform or offer to perform any of the lead-based paint activities described in section 11-41-6 shall be 41-46 9 l"'r §11-41-5 certified by the department for a period of three years. (2) A firm seeking certification shall submit to the department an application attesting that the firm shall only employ appropriately certified employees to conduct lead-based paint activities, and that the firm and its employees shall follow the work practice standards in section 11-41-6 for conducting lead-based paint activities. (3) From the date of receiving the firm's application, the department shall have sixty days to issue a certification or deny the application. If the application is denied, the department shall issue a letter describing the reasons for disapproval. (4) The firm shall maintain all records pursuant to the requirements in section 11-41-6. (5) Firms applying for certification shall submit the appropriate fees in accordance with section 11-41-10. (6) To maintain certification a firm shall apply to and be re-certified by the department every three years. (7) To maintain certification a firm shall submit appropriate fees in accordance with section 11-41-10. (g) Suspension, revocation, and modification of certifications of individuals engaged in lead-based paint activities. (1) The department may, after notice and opportunity for hearing, suspend, revoke, or modify an individual's certification if an individual has: (A) Obtained training documentation through fraudulent means. (B) Gained admission to and completed an accredited training program through misrepresentation of admission requirements. (C) Obtained certification through misrepresentation of certification 41-47 §11-41-5 requirements or related documents dealing with education, training, professional registration, or experience. (D) Performed work requiring certification at a job site without having proof of certification. (E) Permitted the duplication or use of the individual's own certificate by another. (F) Performed work for which certification is required, but for which appropriate certification has not been received. (G) Failed to comply with the appropriate work practice standards for lead-based paint activities in section 11-41-6. (H) Failed to comply with federal, state, or local lead-based paint statutes or regulations. (2) In addition to an administrative or judicial finding of violation, for purposes of this section only, execution of a consent agreement in settlement of an enforcement action constitutes evidence of a failure to comply with relevant statutes or regulations. (h) Suspension, revocation, and modification of certifications of firms engaged in lead-based paint activities. (1) The department may, after notice and opportunity for hearing, suspend, revoke, or modify a firm's certification if a firm has: (A) Performed work requiring certification at a job site with individuals who are not certified. (B) Failed to comply with the work practice standards established in section 11-41-6. (C) Misrepresented facts in its application for certification to the department. (D) Failed to maintain required records. 41-48 §11-41-5 (E) Failed to comply with federal, state, or local lead-based paint statutes or regulations. (2) In addition to an administrative or judicial finding of violation, for purposes of this section only, execution of a consent agreement in settlement of an enforcement action constitutes evidence of a failure to comply with relevant statutes or regulations. (i) Procedures for suspension, revocation, or modification of the certification of individuals or firms. (1) If the department decides to suspend, revoke, or modify the certification of any individual or firm, it shall notify the affected entity in writing of the following: (A) The legal and factual basis for the suspension, revocation, or modification. (B) The commencement date and duration of the suspension, revocation, or modification. (C) Actions, if any, which the affected entity may take to avoid suspension, revocation, or modification or to receive certification in the future. (D) The opportunity and method for requesting a hearing prior to final departmental action to· suspend, revoke, or modify certification. (E) Any additional information, as appropriate, which the department may provide. ( 2) If a hearing is requested by the certified individual or firm, the department shall: (A) Provide the affected entity an opportunity to offer written statements in response to the department's assertion of the legal and factual basis and any other explanations, 41-49 §11-41-5 comments, and arguments it deems relevant to the proposed action. (B) Provide the affected entity such other procedural opportunities as the department may deem appropriate to ensure a fair and impartial hearing. (C) Appoint a hearings officer to conduct the hearing. No person shall serve as hearings officer if he or she has had any prior connection with the specific matter. (3) The hearings officer shall: (A) Conduct a fair, orderly, and impartial hearing within ninety days of the request for a hearing; (B) Consider all relevant evidence, explanation, comment, and argument submitted; and (C) Notify the affected entity in writing within ninety days of completion of the hearing of his or her decision and order. Such an order is a final departmental action subject to judicial review. (4) If the department determines that the public health, interest, or welfare warrants immediate action to suspend the certification of any individual or firm prior to the opportunity for a hearing, it shall: (A) Notify the affected entity of its intent to immediately suspend certification for the reasons listed in subsections (g) (1) and (h) (1). If a suspension, revocation, or modification notice has not previously been issued, it shall be issued at the same time the immediate suspension notice is issued. (B) Notify the affected entity in writing of the grounds upon which the immediate suspension is based and why it is necessary to suspend the entity's 41-50 §11-41-6 certification before an opportunity for a hearing to suspend, revoke, or modify the individual's or firm's certification. (C) Notify the affected entity of the commencement date and duration of the immediate suspension. (D) Notify the affected entity of its right to request a hearing on the immediate suspension within fifteen days of the suspension taking place and the procedures for the conduct of such a hearing. (5) Any notice, decision, or order issued by the department under this section, transcript or other verbatim record of oral testimony, and any documents filed by a certified individual or firm in a hearing under this section shall be available to the public, except as otherwise provided by law. Any such hearing at which oral testimony is presented shall be open to the public, except that the hearings officer may exclude the public to the extent necessary to allow presentation of information which may be entitled to confidential treatment. [Eff 10/3/05; am and comp 9 2023 ] (Auth: HRS §§342P-3, 342P-28, 342P-41) (Imp: HRS §§342P-3, 342P-41) §11-41-6 Work practice standards for conducting lead-based paint activities: target housing and child- occupied facilities. (a) Applicability and terms. (1) All lead-based paint activities shall be performed pursuant to the work practice standards contained in this section. (2) When performing any lead-based paint activity described by the certified individual as an inspection, lead hazard screen, risk assessment or abatement, a 41-51 §11-41-6 certified individual shall perform that activity in compliance with the appropriate requirements below. (3) Documented methodologies that are appropriate for this section are found in the following: The U.S. Department of Housing and Urban Development (HUD) Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing; the EPA Guidance on Residential Lead-Based Paint, Lead-Contaminated Dust, and Lead- Contaminated Soil; the EPA Residential Sampling for Lead: Protocols for Dust and Soil Sampling (EPA report number 7474-R-95- 001); regulations, guidance, methods or protocols issued by states and Indian Tribes that have been authorized by EPA; and other equivalent methods and guidelines. (4) Clearance levels appropriate for the purposes of this section may be found in the EPA Guidance on Residential Lead-Based Paint, Lead-Contaminated Dust, and Lead Contaminated Soil or other equivalent guidelines. (b) Inspection. (1) An inspection shall be conducted only by a person certified by the department as an inspector or risk assessor and, if conducted, shall be conducted according to the procedures in this subsection. (2) When conducting an inspection, the following locations shall be selected according to documented methodologies and tested for the presence of lead-based paint: (A) In a residential dwelling and child- occupied facility, each component with a distinct painting history and each exterior component with a distinct painting history shall be tested for lead-based paint, except those components that the inspector or risk assessor determines to have been 41-52 §11-41-6 replaced after 1978, or to not contain lead-based paint; and (B) In a multi-family dwelling or child- occupied facility, each component with a distinct painting history in every common area, except those components that the inspector or risk assessor determines to have been replaced after 1978, or to not contain lead-based paint. (3) Paint shall be sampled in the following manner: (A) The analysis of paint to determine the presence of lead shall be conducted using documented methodologies which incorporate adequate quality control procedures; and (B) All collected paint chip samples shall be analyzed according to subsection (f) to determine if they contain detectable levels of lead that can be quantified numerically. (4) The certified inspector or risk assessor shall prepare an inspection report which shall include the following information: (A) Date of each inspection. (B) Address of building. (C) Date of construction. (D) Apartment numbers (if applicable). (E) Name, address, and telephone number of the owner or owners of each residential dwelling or child-occupied facility. (F) Name, signature, and certification number of each certified inspector or risk assessor conducting testing. (G) Name, address, and telephone number of the certified firm employing each inspector or risk assessor, if applicable. (H) Each testing method and device and sampling procedure employed for paint analysis, including quality control 41-53 \ i §11-41-6 data and, if used, the serial number of any x-ray fluorescence (XRF) device. (I) Specific locations of each painted component tested for the presence of lead-based paint. (J) The results of the inspection expressed in terms appropriate to the sampling method used. (c) Lead hazard screen. (1) A lead hazard screen shall be conducted only by a person certified by the department as a risk assessor. (2) If conducted, a lead hazard screen shall be conducted as follows: (A) Background information regarding the physical characteristics of the residential dwelling or child-occupied facility and occupant use patterns that may cause lead-based paint exposure to one or more children, age six years and under, shall be collected. (B) A visual inspection of the residential dwelling or child-occupied facility shall be conducted to: (i) Determine if any deteriorated paint is present; and (ii) Locate at least two dust sampling locations. (C) If deteriorated paint is present, each surface with deteriorated paint, which is determined, using documented methodologies, to be in poor condition and to have a distinct painting history, shall be tested for the presence of lead. (D) In residential dwellings two composite dust samples shall be collected, one from the floors and the other from the windows in rooms, hallways, or stairwells where one or more children, age six and under, are most likely to come in contact with dust. 41-54 §11-41-6 (E) In multi-family dwellings and child- occupied facilities, in addition to the floor and window samples required in subparagraph (D), the risk assessor shall also collect composite dust samples from common areas where one or more children, age six and under, are most likely to come into contact with dust. (3) Dust samples shall be collected and analyzed in the following manner: (A) All dust samples shall be taken using documented methodologies that incorporate adequate quality control procedures. (B) All collected dust samples shall be analyzed according to subsection (f) to determine if they contain detectable levels of lead that can be quantified numerically. (4) Paint shall be sampled in the following manner: (A) The analysis of paint to determine the presence of lead shall be conducted using documented methodologies which incorporate adequate quality control procedures; and (B) All collected paint chip samples shall be analyzed according to subsection (f) to determine if they contain detectable levels of lead that can be quantified numerically. (5) The risk assessor shall prepare a lead hazard screen report, which shall include the following information: (A) The information required in a risk assessment report as specified in subsection ( d) ( 11) (A) to (N) . Additionally, any background information collected pursuant to paragraph ( 2) (A) shall be included in the hazard screen report; and 41-55 §11-41-6 (B) Recommendations, if warranted, for a follow-up risk assessment and, as appropriate, any further actions. (d) Risk assessment. (1) A risk assessment shall be conducted only by a person certified by the department as a risk assessor and, if conducted, shall be conducted according to the procedures in this subsection. (2) A visual inspection for risk assessment of the residential dwelling or child-occupied facility shall be undertaken to locate the existence of deteriorated paint, assess the extent and causes of the deterioration, and assess other potential lead-based paint hazards. (3) Background information regarding the physical characteristics of the residential dwelling or child-occupied facility and occupant use patterns that may cause lead- based paint exposure to one or more children age six years and under shall be collected. (4) The following surfaces which are determined, using documented methodologies, to have a distinct painting history, shall be tested for the presence of lead: (A) Each friction surface or impact surface with visibly deteriorated paint; and (B) All other surfaces with visibly deteriorated paint. (5) In residential dwellings, dust samples (either composite or single-surface samples) from the interior window sill and floor shall be collected and analyzed for lead concentration in all living areas where one or more children, age six and under, are most likely to come into contact with dust. (6) For multi-family dwellings and child- occupied facilities, the samples required in paragraph (4) shall be taken. In addition, interior window sill and floor dust samples (either composite or single-surface samples) 41-56 §11-41-6 shall be collected and analyzed for lead concentration in the following locations: (A) Common areas adjacent to the sampled residential dwelling or child-occupied facility; and (B) Other common areas in the building where the risk assessor determines that one or more children, age six and under, are likely to come into contact with dust. (7) For child-occupied facilities, interior window sill and floor dust samples (either composite or single-surface samples) shall be collected and analyzed for lead concentration in each room, hallway, or stairwell utilized by one or more children, age six and under, and in other common areas in the child-occupied facility where one or more children, age six and under, are likely to come into contact with dust. (8) Soil samples shall be collected and analyzed for lead concentrations in the following locations: (A) Exterior play areas where bare soil is present; (B) The rest of the yard (i.e., non-play areas) where bare soil is present; and (C) Dripline and foundation areas where bare soil is present. (9) Any paint, dust, or soil sampling or testing shall be conducted using documented methodologies that incorporate adequate quality control procedures. (10) Any collected paint chip, dust, or soil samples shall be analyzed according to subsection (f) to determine if they contain detectable levels of lead that can be quantified numerically. (11) The certified risk assessor shall prepare a risk assessment report which shall include the following information: (A) Date of assessment. 41-57 §11-41-6 (B) Address of each building. (C) Date of construction of buildings. (D) Apartment number (if applicable). (E) Name, address, and telephone number of each owner of each building. (F) Name, signature, and certification of the certified risk assessor conducting the assessment. (G) Name, address, and telephone number of the certified firm employing each certified risk assessor, if applicable. (H) Name, address, and telephone number of each recognized laboratory conducting analysis of collected samples. (I) Results of the visual inspection. (J) Testing method and sampling procedure for paint analysis employed. (K) Specific locations of each painted component tested for the presence of lead. (L) All data collected from on-site testing, including quality control data and, if used, the serial number of any XRF device. (M) All results of laboratory analysis on collected paint, soil, and dust samples. (N) Any other sampling results. (0) Any background information collected pursuant to paragraph (3). (P) To the extent that they are used as part of the lead-based paint hazard determination, the results of any previous inspections or analyses for the presence of lead-based paint, or other assessments of lead-based paint- related hazards. (Q) A description of the location, type, and severity of identified lead-based paint hazards and any other potential lead hazards. 41-58 §11-41-6 (R) A description of interim controls and abatement options for each identified lead-based paint hazard and a suggested prioritization for addressing each hazard. If the use of an encapsulant or enclosure is recommended, the report shall recommend a maintenance and monitoring schedule for the encapsulant or enclosure. (e) Abatement. (1) An abatement shall be conducted only by an individual certified by the department, and if conducted, shall be conducted according to the procedures in this subsection. (2) A certified supervisor is required for each abatement project and shall be onsite during all work site preparation and during the post-abatement cleanup of work areas. At all other times when abatement activities are being conducted, the certified supervisor shall be onsite or available by telephone, pager, or answering service and able to be present at the work site in no more than two hours. (3) The certified supervisor and the certified firm employing that supervisor shall ensure that all abatement activities are conducted according to the requirements of this section and all other federal, state, and local requirements. (4) A certified firm shall notify the department of lead-based paint abatement activities as follows: (A) Except as provided in subparagraph (B), the department shall be notified prior to conducting lead-based paint abatement activities. The original notification shall be received by the department at least five business days before the start date of any lead-based paint abatement activities. 41-59 §11-41-6 (B) Notification for lead-based paint abatement activities required in response to an elevated blood lead level (EBL) determination, or federal, state, Tribal, or local emergency abatement order shall be received by the department as early as possible before, but shall be received no later than, the start date of the lead-based paint abatement activities. Should the start date or location provided to the department change, an updated notification shall be received by the department on or before the start date provided to the department. Documentation showing evidence of an EBL determination or a copy of the federal, state, Tribal, or local emergency abatement order shall be included in the written notification to take advantage of this abbreviated notification period. (C) Except as provided in subparagraph (B), updated notification shall be provided to the department for lead-based paint abatement activities that will begin on a date other than the start date specified in the original notification, as follows: (i) For lead-based paint abatement activities beginning prior to the start date provided to the department, an updated notification shall be received by the department at least five business days before the new start date included in the notification. (ii) For lead-based paint abatement activities beginning after the start date provided to the department, an updated notification shall be received by 41-60 §11-41-6 the department on or before the start date provided to the department. (D) Except as provided in subparagraph (B), updated notification shall be provided to the department for any change in location of lead-based paint abatement activities at least five business days prior to the start date provided to the department. (E) Updated notification shall be provided to the department when lead-based paint abatement activities are canceled or when there are other significant changes including, but not limited to, when the square footage or acreage to be abated changes by more than twenty per cent. This updated notification shall be received by the department on or before the start date provided to the department, or if work has already begun, within twenty-four hours of the change. (F) The following shall be included in each notification: (i) Notification type (original, updated, cancelation). (ii) Date when lead-based paint abatement activities will start. (iii) Date when lead-based paint abatement activities will end (approximation using best professional judgement). (iv) Firm's name, departmental certification number, address, telephone number. (v) Type of building (e.g., single family dwelling, multi-family dwelling, child-occupied facilities) on or in which abatement work will be performed. (vi) Property name (if applicable). 41-61 9 §11-41-6 (vii) Property address including apartment or unit number (if applicable) for abatement work. (viii) Documentation showing evidence of an EBL determination or a copy of the federal, state, Tribal, or local emergency abatement order, if using the abbreviated time period as described in subparagraph (B). (ix) Name and departmental certification number of the project supervisor. (x) Approximate square footage or acreage to be abated. (xi) Brief description of abatement activities to be performed. (xii) Name, title, and signature of the representative of the certified firm who prepared the notification. (G) All notifications shall be in writing. Written notification can be accomplished using either the sample form titled "Notification of Lead-Based Paint Abatement Activities" or similar form containing the information required in subparagraph (F). All written notifications shall be delivered by U.S. Postal Service, fax, commercial delivery service, or hand delivery. (H) Lead-based paint abatement activities shall not begin on a date or at a location other than that specified in either an original or updated notification, in the event of changes to the original notification. (I) No firm or individual shall engage in lead-based paint abatement activities, as defined in section 11-41-2, prior to notifying the department of such 41-62 99 §11-41-6 activities according to requirements of this paragraph. (5) A written occupant protection plan shall be developed for all abatement projects and shall be prepared according to the following procedures: (A) The occupant protection plan shall be unique to each residential dwelling or child-occupied facility and be developed prior to the abatement. The occupant protection plan shall describe the measures and management procedures that will be taken during the abatement to protect the building occupants from exposure to any lead-based paint hazards. (B) A certified supervisor or project designer shall prepare the occupant protection plan. (6) The work practices listed below shall be restricted during an abatement as follows: (A) Open-flame burning or torching of lead- based paint is prohibited; (B) Machine sanding or grinding or abrasive blasting or sandblasting of lead-based paint is prohibited unless used with High Efficiency Particulate Air (HEPA) exhaust control which removes particles of 0.3 microns or larger from the air at 99.97 per cent or greater efficiency; (C) Dry scraping of lead-based paint is permitted only in conjunction with heat guns or around electrical outlets or when treating defective paint spots totaling no more than two square feet in any one room, hallway, or stairwell or totaling no more than twenty square feet on exterior surfaces; and (D) Operating a heat gun on lead-based paint is permitted only at temperatures below 1100 degrees Fahrenheit. 41-63 §11-41-6 (7) If conducted, soil abatement shall be conducted in one of the following ways: (A) If the soil is removed: (i) The soil shall be replaced by soil with a lead concentration as close to local background as practicable, but no greater than four hundred parts per million. (ii) The soil that is removed shall not be used as top soil at another residential property or child- occupied facility. (B) If soil is not removed, the soil shall be permanently covered, as defined in section 11-41-2. (8) The following post-abatement clearance procedures shall be performed only by a certified inspector or risk assessor: (A) Following an abatement, a visual inspection shall be performed to determine if deteriorated painted surfaces or visible amounts of dust, debris, or residue are still present. If deteriorated painted surfaces or visible amounts of dust, debris, or residue are present, these conditions shall be eliminated prior to the continuation of the clearance procedures. (B) Following the visual inspection and any post-abatement cleanup required by subparagraph (A), clearance sampling for lead in dust shall be conducted. Clearance sampling may be conducted by employing single-surface sampling or composite sampling techniques. (C) Dust samples for clearance purposes shall be taken using documented methodologies that incorporate adequate quality control procedures. (D) Dust samples for clearance purposes shall be taken a minimum of one hour 41-64 ! I after completion of final post- abatement cleanup activities. §11-41-6 (E) The following post-abatement clearance activities shall be conducted as appropriate based upon the extent or manner of abatement activities conducted in or to the residential dwelling or child-occupied facility: (i) After conducting an abatement with containment between abated and unabated areas, one dust sample shall be taken from one interior window sill and from one window trough (if present) and one dust sample shall be taken from the floors of each of no less than four rooms, hallways, or stairwells within the containment area. In addition, one dust sample shall be taken from the floor outside the containment area. If there are less than four rooms, hallways, or stairwells within the containment area, then all rooms, hallways, or stairwells shall be sampled. (ii) After conducting an abatement with no containment, two dust samples shall be taken from each of no less than four rooms, hallways, or stairwells in the residential dwelling or child-occupied facility. One dust sample shall be taken from one interior window sill and window trough (if present) and one dust sample shall be taken from the floor of each room, hallway, or stairwell selected. If there are less than four rooms, hallways, or stairwells within the residential dwelling or child-occupied 41-65 §11-41-6 (iii) facility, then all rooms, hallways, or stairwells shall be sampled. Following an exterior paint abatement, a visible inspection shall be conducted. All horizontal surfaces in the outdoor living area closest to the abated surface shall be found to be cleaned of visible dust and debris. In addition, a visual inspection shall be conducted to determine the presence of paint chips on the dripline or next to the foundation below any exterior surface abated. If paint chips are present, they shall be removed from the site and properly disposed of, according to all applicable federal, state, and local requirements. (F) The rooms, hallways, or stairwells selected for sampling shall be selected according to documented methodologies. (G) The certified inspector or risk assessor shall compare the residual lead level (as determined by the laboratory analysis) from each single surface dust sample with clearance levels in subparagraph (H) for lead in dust on floors, interior window sills, and window troughs or from each composite dust sample with the applicable clearance levels for lead in dust on floors, interior window sills, and window troughs divided by half the number of subsamples in the composite sample. If the residual lead level in a single surface dust sample equals or exceeds the applicable clearance level or if the residual lead level in a composite dust sample equals or exceeds the applicable clearance level divided 41-66 §11-41-6 by half the number of subsamples in the composite sample, the components represented by the failed sample shall be re-cleaned and re-tested. (H) The clearance levels for lead in dust are: ten micrograms per square foot for floors, one hundred micrograms per square foot for interior window sills, and four hundred micrograms per square foot for window troughs. (9) In a multi-family dwelling with similarly constructed and maintained residential dwellings, random sampling for the purposes of clearance may be conducted provided: (A) The certified individuals who abate or clean the residential dwellings do not know which residential dwelling will be selected for the random sample. (B) A sufficient number of residential dwellings are selected for dust sampling to provide a ninety-five per cent level of confidence that no more than five per cent or fifty of the residential dwellings (whichever is smaller) in the randomly sampled population exceed the appropriate clearance levels. (C) The randomly selected residential dwellings shall be sampled and evaluated for clearance according to the procedures found in paragraph (8). (10) An abatement report shall be prepared by a certified supervisor or project designer. The abatement report shall include the following information: (A) Start and completion dates of abatement. (B) The name and address of each certified firm conducting the abatement and the name of each supervisor assigned to the abatement project. 41-67 §11-41-6 (C) The occupant protection plan prepared pursuant to paragraph (5). (D) The name, address, and signature of each certified risk assessor or inspector conducting clearance sampling and the date of clearance testing. (E) The results of clearance testing and all soil analyses (if applicable) and the name of each recognized laboratory that conducted the analyses. (F) A detailed written description of the abatement, including abatement methods used, locations of rooms and components where abatement occurred, reason for selecting particular abatement methods for each component, and any suggested monitoring of encapsulants or enclosures. (f) Collection and laboratory analysis of samples. Any paint chip, dust, or soil samples collected pursuant to the work practice standards contained in this section shall be: (1) Collected by persons certified by the department as an inspector or risk assessor; and (2) Analyzed by a laboratory recognized by EPA as being capable of performing analyses for lead compounds in paint chip, dust, and soil samples. (g) Composite dust sampling. Composite dust sampling may only be conducted in the situations specified in subsections (c) to (e). If such sampling is conducted, the following conditions shall apply: (1) Composite dust samples shall consist of at least two subsamples; (2) Every component that is being tested shall be included in the sampling; and (3) Composite dust samples shall not consist of subsamples from more than one type of component. (h) Determinations. (1) Lead-based paint is present: 41-68 §11-41-6 (A) On any surface that is tested and found to contain lead equal to or in excess of one milligram per square centimeter or equal to or in excess of 0.5 per cent by weight; and (B) On any surface like a surface tested in the same room equivalent that has a similar painting history and that is found to be lead-based paint. (2) A paint-lead hazard is present: (A) On any friction surface that is subject to abrasion and where the lead dust levels on the nearest horizontal surface underneath the friction surface (e.g., the window sill or floor) are equal to or greater than the dust hazard levels identified in section 11-41-3(b); (B) On any chewable lead-based paint surface on which there is evidence of teeth marks; (C) Where there is any damaged or otherwise deteriorated lead-based paint on an impact surface that is caused by impact from a related building component (such as a door knob that knocks into a wall or a door that knocks against its door frame); and (D) If there is any other deteriorated lead-based paint in any residential building or child-occupied facility or on the exterior of any residential building or child-occupied facility. (3) A dust-lead hazard is present in a residential dwelling or child-occupied facility: (A) In a residential dwelling on floors and interior window sills when the weighted arithmetic mean lead loading for all single surface or composite samples of floors and interior window sills are equal to or greater than ten micrograms 41-69 §11-41-6 per square foot for floors and one hundred micrograms per square foot for interior window sills, respectively; (B) On floors or interior window sills in an unsampled residential dwelling in a multi-family dwelling, if a dust-lead hazard is present on floors or interior window sills, respectively, in at least one sampled residential unit on the property; and (C) On floors or interior window sills in an unsampled common area in a multi- family dwelling, if a dust-lead hazard is present on floors or interior window sills, respectively, in at least one sampled common area in the same common area group on the property. (4) A soil-lead hazard is present: (A) In a play area when the soil-lead concentration from a composite play area sample of bare soil is equal to or greater than four hundred parts per million; or (B) In the rest of the yard when the arithmetic mean lead concentration from a composite sample (or arithmetic mean of composite samples) of bare soil from the rest of the yard (i.e., non-play areas) for each residential building on a property is equal to or greater than one thousand two hundred parts per million. (i) Record keeping. All reports and plans required in this section shall be maintained by the certified firm or individual who prepared the report for no less than three years. The certified firm or individual also shall provide copies of these reports to the building owner who contracted for its services. [Eff 10/3/05; am and comp MAR _ 8 2023 ] (Auth: HRS §§342P-3, 342P-41, 342P-42) (Imp: HRS §§342P-3, 342P-41) 41-70 §11-41-10 §§11-41-7 to 11-41-9 (Reserved).