11 MAC Pt. 2, R. 9.4
, the cleaning verification requirements of paragraph F.(2)(b) of
Cite as 11 Miss. Admin. Code Pt. 2, R. 9.4
, the cleaning verification requirements of paragraph F.(2)(b) of
this rule, which must be performed by certified renovators, and
recordkeeping requirements of paragraph F.(3)(b)(6) of this rule.
(2)
Work practice standards listed below shall be followed.
(a)
Standards for renovation activities. Renovations must be performed by
certified firms using certified renovators as required in paragraph L.(7)(a)
of Rule 9.4 The responsibilities of certified firms are set forth in paragraph
L.(7) of Rule 9.4 The responsibilities of certified renovators are set forth
in paragraph G.(2) of Rule 9.4.
(1)
Occupant protection. Firms must post signs clearly defining the
work area warning occupants and other persons not involved in
renovation activities to remain outside of the work areas. To the
extent practicable, these signs must be in the primary language of
the occupants. These signs must be posted before beginning the
renovation and must remain in place and readable until the
renovation and the post-renovation cleaning verification has been
completed. If warning signs have been posted in accordance with
24 CFR 35.1345(b)(2) or 29 CFR 1926.62(m), additional signs are
not required by this rule.
(2)
Containing the work area. Before beginning the renovation, the
firm must isolate the work area so that no dust or debris leaves the
work area while the renovation is being performed. In addition,
the firm must maintain the integrity of the containment by ensuring
that any plastic or other impermeable materials are not torn or
displaced, and taking any other steps necessary to ensure that no
dust or debris leaves the work area while the renovation is being
performed. The firm must also ensure that containment is installed
in such a manner that it does not interfere with occupant and
worker egress in an emergency.
(i)
Interior renovations. The firm must:
(A)
Remove all objects from the work area, including
furniture, rugs, and window coverings, or cover
them with plastic sheeting or other impermeable
material with all seams and edges taped or
otherwise sealed.
(B)
Close and cover all ducts opening in the work area
with taped down plastic sheeting or other
impermeable material.
(C)
Close windows and doors in the work area. Doors
must be covered with plastic sheeting or other
impermeable material. Doors used as an entrance to
the work area must be covered with plastic sheeting
or other impermeable material in a manner that
allows workers to pass through while confining dust
and debris to the work area.
(D)
Cover the floor surface, including installed carpet,
with taped down plastic sheeting or other
impermeable material in the work area 6 feet
beyond the perimeter of surfaces undergoing
renovation or a sufficient distance to contain the
dust, whichever is greater. Floor containment
measures may stop at the edge of the vertical barrier
when
using
a
vertical
containment
system
consisting of impermeable barriers that extend from
the floor to the ceiling and are tightly sealed at
joints with the floor, ceiling and walls.
(E)
Use precautions to ensure that all personnel, tools,
and other items, including the exteriors of
containers of waste, are free of dust and debris
before leaving the work area.
(ii)
Exterior renovations. The firm must:
(A)
Close all doors and windows within 20 feet of the
renovation. On multi-story buildings, close all
doors and windows within 20 feet of the
renovation on the same floor as the renovation, and
close all doors and windows on all floors below
that are the same horizontal distance from the
renovation.
(B)
Ensure that doors within the work area that will be
used while the job is being performed are covered
with plastic sheeting or other impermeable material
in a manner that allows workers to pass through
while confining dust and debris to the work area.
(C)
Cover the ground with plastic sheeting or other
disposable impermeable material extending 10 feet
beyond the perimeter of surfaces undergoing
renovation or a sufficient distance to collect falling
paint debris, whichever is greater, unless the
property line prevents 10 feet of such ground
covering. Ground containment measures may stop
at the edge of the vertical barrier when using a
vertical containment system.
(D)
If the renovation will affect surfaces within 10 feet
of the property line, the renovation firm must erect
vertical containment or equivalent extra precautions
in containing the work area to ensure that dust and
debris from the renovation does not contaminate
adjacent buildings or migrate to adjacent properties.
Vertical
containment
or
equivalent
extra
precautions in containing work area may also be
necessary in other situations in order to prevent
contamination of other buildings, other areas of the
property, or adjacent buildings or properties.
(3)
Prohibited and restricted practices. The work practices listed
below are prohibited or restricted during a renovation as follows:
(i)
Open-flame burning or torching of painted surfaces is
prohibited;
(ii)
The use of machines designed to remove paint or other
surface coatings through high speed operation such as
sanding, grinding, power planing, needle gun, abrasive
blasting, or sandblasting, is prohibited on painted surfaces
unless such machines have shrouds or containment systems
and are equipped with a HEPA vacuum attachment to
collect dust and debris at the point of generation. Machines
must be operated so that no visible dust or release of air
occurs outside the shroud or containment system.
(iii)
Operating a heat gun on painted surfaces is permitted only
at temperatures below 1100 degrees Fahrenheit.
(4)
Waste from renovations
(i)
Waste from renovation activities must be contained to
prevent releases of dust and debris before the waste is
removed from the work area for storage or disposal. If a
chute is used to remove waste from the work area, it must
be covered.
(ii)
At the conclusion of each work day and at the conclusion
of the renovation, waste that has been collected from
renovation activities must be stored under containment, in
an enclosure or behind a barrier that prevents release of
dust and debris out of the work area and prevents access to
dust and debris.
(iii)
When the firm transports waste from renovation activities,
the firm must contain the waste to prevent release of dust
and debris.
(5)
Cleaning the work area. After the renovation has been completed,
the firm must clean the work area until no dust, debris or residue
remains.
(i)
Interior and exterior renovations. The firm must:
(A)
Collect all paint chips and debris and, without
dispersing any of it, seal this material in a heavy-
duty bag.
(B)
Remove the protective sheeting. Mist the sheeting
before folding it, fold the dirty side inward, and
either tape shut to seal or seal in heavy-duty bags.
Sheeting used to isolate contaminated rooms from
non-contaminated rooms must remain in place until
after the cleaning and removal of other sheeting.
Dispose of the sheeting as waste.
(ii)
Additional cleaning for interior renovation. The firm must
clean all objects and surfaces in the work area and within 2
feet of the work area in the following manner, cleaning
from higher to lower:
(A)
Walls. Clean walls starting at the ceiling and
working down to the floor by either vacuuming with
a HEPA vacuum or wiping with a damp cloth.
(B)
Remaining surfaces. Thoroughly vacuum all
remaining surfaces and objects in the work area,
including furniture and fixtures, with a HEPA
vacuum. The HEPA vacuum must be equipped
with a beater bar when vacuuming carpets and rugs.
(C)
Wipe all remaining surfaces and objects in the work
area, except for carpeted or upholstered surfaces,
with a damp cloth. Mop uncarpeted floors
thoroughly, using a mopping method that keeps the
wash water separate from the rinse water, such as
the 2-bucket mopping method, or using a wet
mopping system.
(b)
Standards for post-renovation cleaning verification.
(1)
Interiors.
(i)
A certified renovator must perform a visual inspection to
determine whether dust, debris or residue is still present. If
dust, debris or residue is present, these conditions must be
removed by re-cleaning and another visual inspection must
be performed.
(ii)
After a successful visual inspection, a certified renovator
must:
(A)
Verify that each windowsill in the working area has
been adequately cleaned, using the following
procedure:
(a)
Wipe the windowsill with a wet disposable
cleaning cloth that is damp to the touch. If
the cloth matches or is lighter than the
cleaning verification card, the windowsill
has been adequately cleaned.
(b)
If the cloth does not match and is darker
than the cleaning verification card, re-clean
the windowsill as directed in paragraphs
F.(2)(a)(5)(ii)(B) and (a)(5)(ii)(C) of this
Rule, then either use a new cloth or fold the
used cloth in such a way that an unused
surface is exposed, and wipe the surface
again. If the cloth matches or is lighter than
the
cleaning
verification
card,
that
windowsill has been adequately cleaned.
(c)
If the cloth does not match and is darker
than the cleaning verification card, wait for
1 hour or until the surface has dried
completely, whichever is longer.
(d)
After waiting for the windowsill to dry, wipe
the windowsill with a dry disposable
cleaning cloth. After this wipe, the
windowsill has been adequately cleaned.
(B)
Wipe uncarpeted floors and countertops within the
work area with a wet disposable cleaning cloth.
Floors must be wiped using an application device
with a long handle and a head to which the cloth is
attached. The cloth must remain damp at all times
while it is being used to wipe the surface for post-
renovation cleaning verification. If the surface
within the work area is greater than 40 square feet,
the surface within the work area must be divided
into roughly equal sections that are each less than
40 square feet. Wipe each such section separately
with a new wet disposable cleaning cloth. If the
cloth used to wipe each section of the surface within
the work area matches the cleaning verification
card, the surface has been adequately cleaned.
(a)
If the cloth used to wipe a particular section
does not match the cleaning verification
card, re-clean that section of the surface as
directed in paragraphs F.(2)(a)(5)(ii)(B) and
(a)(5)(ii)(C) of this rule, then use a new wet
disposal cleaning cloth to wipe that section
again. If the cloth matches the cleaning
verification card, that section of the surface
has been adequately cleaned.
(b)
If the cloth used to wipe a particular surface
section does not match the cleaning
verification card after the surface has been
re-cleaned, wait for one hour or until the
entire surface within the work area has dried
completely, whichever is longer.
(c)
After waiting for the entire surface within
the work area to dry, wipe each section of
the surface that has not yet achieved post-
renovation cleaning verification with a dry
disposable cleaning cloth. After this wipe,
that section of the surface has been
adequately cleaned.
(iii)
When the work area passes the post-renovation cleaning
verification, remove the warning signs.
(2)
Exteriors. A certified renovator must perform a visual inspection
to determine whether dust, debris or residue is still present on
surfaces in and below the work area, including windowsills and the
ground. If dust, debris or residue is present, these conditions must
be eliminated and another visual inspection must be performed.
When the area passes the visual inspection, remove the warning
signs.
(c)
Optional dust clearance testing. Cleaning verification need not be
performed if the contract between the renovation firm and the person
contracting for the renovation requires:
(1)
The renovation firm to perform dust clearance sampling at the
conclusion of a renovation covered by this subpart.
(2)
The dust clearance samples are required to be collected by a
certified inspector, risk assessor or dust sampling technician.
(3)
The renovation firm is required to re-clean the work area until the
dust clearance sample results are below the clearance standards in
paragraph A.4. of this rule.
(d)
Activities conducted after post-renovation cleaning verification. Activities
that do not disturb 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.
(3)
Recordkeeping and reporting requirements.
(a)
Firms performing renovations must retain and, if requested, make
available to the Commission all records necessary to demonstrate
compliance with this subpart for a period of 3 years following completion
of the renovation.
(b)
Records that must be retained pursuant to paragraph F.(3)(a) of this rule
shall include (where applicable):
(1)
Records or reports certifying that a determination had been made
that lead-based paint was not present on the components affected
by the renovation as described in paragraph F.(1)(a)(1) of this rule.
These records or reports include:
(i)
Reports prepared by a certified inspector or certified risk
assessor.
(ii)
Records prepared by a certified renovator after using EPA-
recognized test kits, including an identification of the
manufacturer and model of any test kits used, a description
of the components that were tested including their
locations, and the results of each test kit used.
(iii)
Records prepared by a certified renovator after collecting
paint chip samples, including a description of the
components that were tested including their locations, the
name and address of the NLLAP-recognized entity
performing the analysis, and the results for each sample.
(2)
Signed and dated acknowledgments of receipt as described in
paragraphs F.(4)(a)(1)(i), (a)(2)(i), (b)(1)(i), (c)(1)(i)(A) and
(c)(1)(ii)(A) of this rule.
(3)
Certificates of attempted delivery as described in paragraphs
F.(4)(a)(2)(i) and (c)(1)(ii)(A) of this rule.
(4)
Certificates of mailing as described in paragraphs F.(4)(a)(1)(ii),
(a)(2)(ii), (b)(1)(ii), (c)(1)(i)(B) and (c)(I)(ii)(B) of this rule.
(5)
Records of notification activities performed regarding common
area renovations, as described in paragraphs F.(4)(b)(3) and (4) of
this rule, and renovations in child-occupied facilities, as described
in paragraph F.(4)(c)(2) of this rule.
(6)
Documentation of compliance with the requirements of paragraph
F.(2) of this rule, including documentation that a certified
renovator was assigned to the project, that the certified renovator
provided on-the-job training for workers used on the project, that
the certified renovator performed or directed workers who
performed all of the tasks described in paragraph F.(2)(a). of this
rule, and that the certified renovator performed the post-renovation
cleaning verification described in paragraph F.(2)(b). of this rule.
If the renovation firm was unable to comply with all of the
requirements of this rule due to an emergency as defined in
paragraph F.(1)(c) of this rule, the firm must document the nature
of the emergency and the provisions of the rule that were not
followed. This documentation must include a copy of the certified
renovator’s training certificate, a copy of the renovator’s
Mississippi renovator certification certificate, and a certification by
the certified renovator assigned to the project that:
(i)
Training was provided to workers (topics must be identified
for each worker).
(ii)
Warning signs were posted at the entrances to the work
area.
(iii)
If test kits were used, that the specified brand of kits was
used at the specified locations and that the results were as
specified.
(iv)
If paint chip samples were collected, that the samples were
collected at the specified locations, that the specified
NLLAP-recognized laboratory analyzed the samples, and
that the results were as specified.
(v)
The work area was contained by:
(A)
Removing or covering all objects in the work area
(interiors).
(B)
Closing and covering all HVAC ducts in the work
area (interiors).
(C)
Closing all windows in the work area (interiors) or
closing all windows in and within 20 feet of the
work area (exteriors).
(D)
Closing and sealing all doors in the work area
(interiors) or closing and sealing all doors in and
within 20 feet of the work area (exteriors).
(E)
Covering doors in the work area that were being
used to allow passage but prevent spread of dust.
(F)
Covering the floor surface, including installed
carpet, with taped-down plastic sheeting or other
impermeable material in the work area 6 feet
beyond the perimeter of surfaces undergoing
renovation or a sufficient distance to contain the
dust, whichever is greater (interiors) or covering the
ground with plastic sheeting or other disposable
impermeable material anchored to the building
extending 10 feet beyond the perimeter of surfaces
undergoing renovation or a sufficient distance to
collect falling paint debris, whichever is greater,
unless the property line prevents 10 feet of such
ground covering, weighted down by heavy objects
(exteriors).
(G)
Installing (if necessary) vertical containment to
prevent migration of dust and debris to adjacent
property (exteriors).
(vi)
Waste was contained on-site and while being transported
off site.
(vii)
The work area was properly cleaned after the renovation
by:
(A)
Picking up all chips and debris, misting protective
sheeting, folding it dirty side inward, and taping it
for removal.
(B)
Cleaning the work area surfaces and objects using a
HEPA vacuum and/or wet cloths or mops
(interiors).
(viii) The certified renovator performed the post-renovation
cleaning verification (the results of which must be briefly
described, including the number of wet and dry cloths
used).
(c)
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 rule as
follows:
(1)
In a regulated structure:
(i)
The owner of the building; and, if different,
(ii)
An adult occupant of the residential dwelling, if the
renovation took place within a residential dwelling, or an
adult representative of the child-occupied facility, if the
renovation took place within a child-occupied facility.
(2)
When performing renovations in common areas of multi-unit target
housing, renovation firms must post the information required by
this rule 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.
(3)
The information required to be provided by paragraph F.(3)(c) of
this rule 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 paragraph F.(3)(b)(6)
of this rule.
(d)
If dust clearance sampling is performed in lieu of cleaning verification as
permitted by paragraph F.(2)(c) of this rule, 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:
(1)
The owner of the building; and, if different,
(2)
An adult occupant of the residential dwelling, if the renovation
took place within a residential dwelling, or an adult representative
of the child-occupied facility, if the renovation took place in a
child-occupied facility.
(3)
When performing renovations in common areas of multi-unit target
housing, renovation firms must post these dust sampling reports or
information on how interested occupants of the housing being
renovated can obtain a copy of the report. This information must
be posted by the occupants of all of the affected units.
(4)
Information distribution requirements.
(a)
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:
(1)
Provide the owner of the unit with the pamphlet Renovate Right:
Important Lead Hazard Information for Families, Child Care
Providers and Schools, and comply with one of the following:
(i)
Obtain, from the owner, a written acknowledgement that
the owner has received the pamphlet.
(ii)
Obtain a certificate of mailing at least 7 days prior to the
renovation.
(2)
In addition to the requirements in paragraph F.(4)(a)(1) of this rule,
if the owner does not occupy the dwelling unit, provide an adult
occupant of the unit with the pamphlet, and comply with one of the
following:
(i)
Obtain,
from
the
adult
occupant,
a
written
acknowledgement that the occupant received the pamphlet;
or certify in writing that a pamphlet has been delivered to
the dwelling and that the renovator has been unsuccessful
in obtaining a written acknowledgement from an adult
occupant. Such certification must include the address of
the unit undergoing renovation, the date and method of
delivery of the pamphlet, names of the persons delivering
the pamphlet, reason for lack of acknowledgement (e.g.,
occupant refuses to sign, no adult occupant available), the
signature of the renovator, and the date of signature.
(ii)
Obtain a certificate of mailing at least 7 days prior to the
renovation.
(b)
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:
(1)
Provide the owner with the pamphlet Renovate Right: Important
Lead Hazard Information for Families, Child Care Providers and
Schools, and comply with one of the following:
(i)
Obtain, from the owner, a written acknowledgement that
the owner has received the pamphlet.
(ii)
Obtain a certificate of mailing at least 7 days prior to the
renovation.
(2)
Comply with one of the following:
(i)
Notify in writing, or ensure written notification of, each
affected unit and make the pamphlet available upon request
prior to the start of renovation. Such notification shall be
accomplished by distributing written notice to each affected
unit. The notice shall describe the general nature and
locations of the planned renovation activities; the expected
starting and ending dates; and a statement of how the
occupant can obtain the pamphlet, and a copy of the
records required by paragraphs F.(3)(c) and F.(3)(d) of this
rule, at no charge to the occupants, from the firm
performing the renovation, or
(ii)
While the renovation is ongoing, post informational signs
describing the general nature and locations of the
renovation and the anticipated completion date. These
signs must be posted in areas where they are likely to be
seen by the occupants of all the affected units. The signs
must be accompanied by a posted copy of the pamphlet or
information on how interested occupants can review a copy
of the pamphlet or obtain a copy from the renovation firm
at no cost to occupants. The signs must also include
information on how interested occupants can review a copy
of the records required by paragraphs F.(3)(c) and F.(3)(d)
of this rule or obtain a copy from the renovation firm at no
cost to the occupants.
(3)
Prepare, sign, and date a statement describing the steps performed
to notify all occupants of the intended renovation activities and to
provide the pamphlet.
(4)
If the scope, locations, or expected starting and ending dates of the
planned renovation activities change after the initial notification,
and the firm provided written initial notification to each affected
unit, the firm performing the renovation must provide further
written notification to the owners and occupants providing revised
information on the ongoing planned activities. This subsequent
notification must be provided before the firm performing the
renovation initiates work beyond that which was described in the
original notice.
(c)
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:
(1)
Provide the owner of the building with the pamphlet Renovate
Right: Important Lead Hazard Information for Families, Child
Care Providers and Schools, and comply with one of the following:
(i)
Obtain, from the owner, a written acknowledgement that
the owner has received the pamphlet.
(ii)
Obtain a certificate of mailing at least 7 days prior to the
renovation.
(2)
If the operator of a child-occupied facility is not the owner of the
building, provide an adult representative of the child-occupied
facility with the pamphlet, and comply with one of the following:
(i)
Obtain,
from
the
adult
representative,
a
written
acknowledgment that the adult representative has received
the pamphlet; or certify in writing that a pamphlet has been
delivered to the facility and that the firm performing the
renovation has been unsuccessful in obtaining a written
acknowledgement from an adult representative. Such
certification must include the address of the child-occupied
facility undergoing renovation, the date and method of
delivery of the pamphlet, names of the persons delivering
the pamphlet, reason for lack of acknowledgment (e.g.,
representative refuses to sign), the signature of a
representative of the firm performing the renovation, and
the date of signature.
(ii)
Obtain a certificate of mailing at least 7 days prior to the
renovation.
(3)
Provide the parents and guardians of children using the child-
occupied facility with the pamphlet and information describing the
general nature and locations of the renovation and the anticipated
completion date and information on how interested parents or
guardians of children frequenting the child-occupied facility can
review a copy of the records required by paragraphs F.(3)(c) and
F.(3)(d) of this rule or obtain a copy from the renovation firm at no
cost to the occupants by complying with one of the following:
(i)
Mail or hand-deliver the pamphlet and the renovation
information to each parent or guardian of a child using the
child-occupied facility; or
(ii)
While the renovation is ongoing, post informational signs
describing the general nature and locations of the
renovation and the anticipated completion date. These
signs must be posted in areas where they can be seen by the
parents or guardians of children frequenting the child-
occupied facility can review a copy of the pamphlet or
obtain a copy from the renovation firm at no cost to the
parents or guardians. The signs must also include
information on how interested parents or guardians of
children frequenting the child-occupied facility can review
a copy of the records required by paragraphs F.(3)(c) and
F.(3)(d) of this rule or obtain a copy from the renovation
firm at no cost to the parents or guardians.
(4)
The renovation firm must prepare, sign, and date a statement
describing the steps performed to notify all parents and guardians
of the intended renovation activities and to provide the pamphlet.
(d)
Written acknowledgment. The written acknowledgements required by
paragraphs F.(4)(a)(1)(i), (a)(2)(i), (b)(1)(i), (c)(1)(i)(A), and (c)(1)(ii)(A)
of this rule must:
(1)
Include a statement recording the owner or occupant’s name and
acknowledging receipt of the pamphlet prior to the start of
renovation, the address of the unit undergoing renovation, the
signature of the owner or occupant as applicable, and the date of
signature.
(2)
Be either a separate sheet or part of any written contract or service
agreement for the renovation.
(3)
Be written in the same language as the text of the contract or
agreement for the renovation or, in the case of non-owner occupied
target housing, in the same language as the lease or rental
agreement or the pamphlet.
G.
Collection and Laboratory Analysis of Samples. Any paint chip, dust, or soil samples
collected pursuant to the work practice standards contained in this rule shall be:
(1)
Collected by persons certified by the Commission as an inspector, risk assessor,
or dust sampling technician; and
(2)
Analyzed by a laboratory recognized by EPA pursuant to Section 405(b) of TSCA
as being capable of performing analyses for lead compounds in paint chip, dust,
or soil samples.
H.
Composite Dust Sampling. Composite dust sampling may only be conducted in the
situations specified in paragraphs C. through E. of this rule. 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.
I.
Recordkeeping. All reports or plans required in this rule shall be maintained by the
certified firm or individual who prepared the report for a minimum of 3 years. The
certified firm or individual also shall provide copies of these reports to the building
owner who contracted for its services and the occupant of the building.
J. Project Notifications.
(1)
General Provision. The Department shall be notified in writing on a form
provided by the Department of any lead-based paint abatement or renovation
activity in target housing or child-occupied facility no less than six (6) working
days prior to commencement of the activity. Abatement or renovation
notifications involving one or more units at the same address may be submitted on
a single notification form; however, only one address per each notification form
submitted to the Department. The Department notification form must be filled
out completely and properly. Blanks which do not apply shall be marked “N/A”.
The designation of “N/A” will not be accepted for references requiring
identification of the work site, building description, building owner, abatement
and renovation companies, and individuals required to be identified on the
notification form. An original signature is required of the certified firm’s owner
or an authorized agent of the firm on each notification form. A copied signature
is not acceptable. The notification shall be considered invalid if it does not
contain an original signature.
(2)
Responsibility. It is the responsibility of the certified firm’s owner or an
authorized agent of the firm to notify the Department under this rule.
(3)
Timeliness of Notification. Written notifications of lead-based paint abatement or
renovation activity must be hand delivered, express mailed, or postmarked at least
six (6) working days (not calendar days) before the start of lead-based paint
abatement or renovation. Notifications must be delivered by United States Postal
Service, commercial delivery, or by hand delivery. Telephone facsimile (FAX) is
not permitted. The start date is considered to be the date when lead-based paint
abatement or renovation begins.
(4)
Start-Date Change to Later Date. When lead-based paint abatement or renovation
activity will begin later than the date contained in the notice, the certified firm’s
owner or an authorized agent of the firm shall:
(a)
Notify the Department of the changed start date by telephone as soon as
possible but prior to the original start date. An amended notification is
required in writing immediately following the foregoing notification; and
(b)
Provide the Department with a written notice of the new start date as soon
as possible, but no later than the original start date. Delivery of the
updated notice by the United States Postal Service, commercial delivery
service, hand delivery, or electronically is acceptable.
(5)
Start-Date Change to Earlier Date. When lead-based paint abatement or
renovation will begin on a date earlier than the date contained in the notice, the
certified firm’s owner or an authorized agent of the firm shall provide the
Department with a written notice of the new start date at least six working days
before the start of work.
(6)
Start-Date/Stop-Date (completion date) requirement. In no event shall lead-based
paint abatement or renovation activity, as covered by this rule, begin or be
completed on a date other than the date contained in the written notice.
Amendments to start date changes are to be submitted as required in J.(4) and
J.(5) of this rule. An amendment is required for any stop dates which change by
more than one work day for each week (seven calendar day period) for which the
project has been scheduled and notification submitted. The certified firm shall
provide schedule changes to the Department no less than 24 hours prior to the
change or completion of the project. Emergency notification can be confirmed
with the Department telephonically and followed up in writing.
(7)
Provision for Emergency. In the event lead-based paint abatement or renovation
activity is required due to an unexpected or unplanned lead-based paint incident,
notification shall be made as soon as practicable, but not later than the following
work day after the occurrence of the incident. Initial notification can be made by
telephone, followed by formal notification on the Department’s notification form.
Emergencies shall be documented to the extent that the need for the emergency is
evident. An emergency lead-based paint abatement or renovation activity means
a lead-based paint abatement or renovation activity that was not planned, but
results from a sudden, unexpected event which if not immediately attended to,
presents a public health or safety hazard, and is necessary to protect equipment
from damage, or is necessary to avoid imposing an unreasonable financial burden.
This term includes activities necessitated by non-routine failures of equipment.
This term does not include immediate abatement or renovation work solely from a
lack of adequate planning for foreseeable lead-based paint abatement activity.
(8)
Lead-based Paint Abatement Notification Fees. The certified firm’s owner or an
authorized agent of the firm shall remit to the Department a fee that is based on
each individual and separate residential dwelling or multi-family dwelling or
child-occupied facility at the same address to be abated or renovated as listed in
this paragraph. Current fees are listed on the Department’s schedule of fees for
lead-based paint activities.
K. Lead-Based Paint Activities Requirements.
Lead-based paint activities, as defined in these regulations, shall only be conducted according to
the procedures and work practice standards contained in this rule. No individual or firm may
offer to perform or perform any lead-based paint activity as defined in these regulations, unless
certified to perform that activity according to the procedures in Rule 9.4.