Ala. Admin. Code r. 420-3-29-.14

Current through Register Vol. 43, No. 1, October 31, 2024
Section 420-3-29-.14 - Enforcement And Inspections

The administration and enforcement of these rules shall be in accordance with the Alabama Lead Reduction Act of 1997. Failure or refusal to comply with any requirement of these rules is prohibited.

(1) An owner or operator of an entity engaged in lead renovation activities who fails to comply with Rules 420-3-29-.05 (Certification of Firms), 420-3-29-.10 (Work Practice Standards for Conducting Renovation), 420-3-29-.12 (Renovation Project Notification), 420-3-29-.15 (Record Keeping and Reporting Requirements), and rules adopted or orders issued by the Board shall be guilty of a Class C misdemeanor as described in Code of Ala. 1975, § 22-37A-7.
(2) If it appears that a person has violated, is violating, or is threatening to violate Rules 420-3-29-.05, 420-3-29-.10, 420-3-29-.12, 420-3-29-.15, and rules adopted or orders issued by the Board, the State Health Officer, or a county health officer, as appropriate, may institute a civil suit in his or her own name in a circuit court to obtain injunctive relief to restrain the person from continuing the violation or threat of violation.
(3) Failure or refusal to establish and maintain records or to make available or permit access to or copying of records, as required by these rules, is a violation.
(4) Failure or refusal to permit entry or inspection as required is a violation.
(5) Violators may be subject to civil and criminal sanctions.
(6) Lead-based paint is assumed to be present at renovations covered by these rules. The Department may conduct inspections and issue subpoenas to ensure compliance with this section.

Ala. Admin. Code r. 420-3-29-.14

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

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