Ala. Admin. Code r. 420-3-29-.02

Current through Register Vol. 43, No. 02, November 27, 2024

Section 420-3-29-.02 - Applicability

(1) This chapter applies to target housing and child-occupied facilities as defined in 40 CFR § 745.223, and as further defined by this chapter except for the following:

(a) Renovations in target housing or child-occupied facilities in which a written determination has been made by an Alabama accredited inspector or risk assessor that the components affected by the renovation are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 milligrams/per square centimeter (mg/cm²) or 0.5 percent by weight, where the firm performing the renovation has obtained a copy of the determination.

(b) Renovations in target housing or child-occupied facilities in which an accredited renovator, using an EPA recognized test kit as defined in Rule 420-3-29-.03 and following the kit manufacturer's instructions, has tested each component affected by the renovation and determined that the components are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 mg/cm² or 0.5 percent by weight. If the components make up an integrated whole, such as the individual stair treads and risers of a single staircase, the accredited renovator is required to test only one of the individual components, unless the individual components appear to have been repainted or refinished separately.

(c) Emergency Renovations. The information distribution requirements in Rule 420-3-29-.04 do not apply to emergency renovations, which are renovation activities that were not planned but result 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. Interim controls performed in response to an elevated blood lead level in a resident child are also emergency renovations. Emergency renovations other than interim controls are also exempt from the warning sign, containment, waste handling, training, accreditation, and certification requirements in Rules 420-3-29-.10, 420-3-29-.05, and Ala. Admin. Code, Chapter 822-X-1 (Registration and Accreditation of Lead Training Programs and Individuals Engaged in Lead Hazard Reduction Activities) to the extent necessary to respond to the emergency. Emergency renovations are not exempt from the cleaning requirements of Rule 420-3-29-.10(1)(e), which must be performed by accredited renovators or individuals trained in accordance with 40 CFR (Code of Federal Regulation) §745.90(b)(2) and Ala. Admin. Code, Rule 822-X-1-.05, the cleaning verification requirements of Rule 420-3-29-.10(2), which must be performed by accredited renovators, and the recordkeeping requirements of Rule 420-3-29-.15(2)(f) and (2)(g).

(d) If any portion of a renovation project is intended solely to remove lead-based paint components and is noted in the contract, then the project must comply with Ala. Admin. Code, Chapter 420-3-27.

(2) The training requirements in 40 CFR § 745.90 and Ala. Admin. Code, Rule 822-X-1-.04 and the work practice standards for renovation activities in Rule 420-3-29-.10 apply to all renovations covered by these rules, except housing designated for the elderly or persons with disabilities (unless one or more children under 6 years of age resides or is expected to reside in such housing for the elderly or person with disabilities) or any zero-bedroom dwelling.

(3) This chapter applies to all persons who are engaged in renovation as defined in 40 CFR Part 745 Subpart E - Residential Property Renovation, and as further defined by this chapter.

(4) This chapter shall apply to any person contracted by the homeowner to perform renovations, or to plan such activities and also apply where the owner performs such activities in or upon another structure which is not his or her private residence or the portion thereof.

(5) Each department, agency, and instrumentality of the executive, legislative, and judicial branches of the federal government or the state of Alabama having jurisdiction or control over any property or facility, or engaged in any activity resulting in or which may result in a lead-based paint hazard, and each officer, agent, or employee thereof, is subject to and must comply with all substantive and procedural requirements regarding lead-based paint and renovation set out herein and in any local, state, or federal regulations.

(6) Individuals who perform renovation within their own residential dwellings are not bound by this chapter, unless the dwelling is occupied by a person or persons other than the owner or the owner's immediate family or a child resides in the dwelling who has been identified as having an elevated blood lead level.

(7) Renovation activities in target housing and child-occupied facilities shall be performed by accredited individuals of certified firms.

Ala. Admin. Code r. 420-3-29-.02

New Rule: Filed July 27, 2010; effective August 31, 2010.

Amended by Alabama Administrative Monthly Volume XL, Issue No. 04, January 31, 2022, eff. 3/17/2022.

Authors: Salvador Gray, Charles Brookins, James Daughtry, Steven McDaniel

Statutory Authority:Code of Ala.1975, §§ 22-37A-1, et seq.