Ala. Admin. Code r. 420-3-29-.15

Current through Register Vol. 43, No. 1, October 31, 2024

Section 420-3-29-.15 - Record Keeping And Reporting Requirements

(1) Firms performing renovations must retain and, if requested, make available to the Department all records necessary to demonstrate compliance with these rules for a period of 3 years following completion of the renovation. This 3 year retention requirement does not supersede longer obligations required by other provisions for retaining the same documentation, including any applicable state or tribal laws or regulations.

(2) Records that must be retained, pursuant to this rule, shall include where applicable:

(a) Reports certifying that a determination had been made, by a state accredited lead-based paint inspector/risk assessor working for a certified firm, that lead-based paint is not present on the components affected by the renovation, as described in Rule 420-3-29-.02(1).

(b) Signed and dated acknowledgments of receipt as described in Rules 420-3-29-.04(1)(a)1., (1)(b)1., (2)(a)1., (3)(a)1., and (3)(b)1.

(c) Certifications of attempted delivery as described in Rules 420-3-29-.04(1) (b)1., (2)(c), and (3)(b)1.

(d) Certificates of mailing as described in Rules 420-3-29-.04(1)(a)2., (1)(b)2., (2)(a)2., (3)(a)2., and (3)(b)2.

(e) Records of notification activities performed regarding common area renovations, as described in Rules 420-3-29-.04(2)(c) and (2)(d), and renovations in child-occupied facilities, as described in Rule 420-3-29-.04(3)(b).

(f) Any signed and dated statements received from owner-occupants documenting that the requirements of Rule 420-3-29-.10 (Work Practice Standards) do not apply. These statements must include, a declaration that the housing is not a child-occupied facility and is designated as elderly only, the address of the unit undergoing renovation, the owner's name, an acknowledgment by the owner that the work practices to be used during the renovation will not necessarily include all of the lead-safe work practices contained in EPA's renovation, repair, and painting rule, the signature of the owner, and the date of signature. These statements must be written in the same language as the text of the renovation contract, if any.

(g) Documentation of compliance with the requirements of Rule 420-3-29-.10 (Work Practice Standards), including documentation that an accredited renovator was assigned to the project, that the accredited renovator provided on-the-job training for workers used on the project, that the accredited renovator performed or directed workers who performed all of the tasks described in Rule 420-3-29.11 (Standards for Renovation Activities) and that the accredited renovator performed the post-renovation cleaning verification described in Rule 420-03-29.10(2) (Standards for Post-Renovation Cleaning Verification). If the renovation firm was unable to comply with all of the requirements of this rule due to an emergency as defined in Rule 420-3-29-.02(1)(b)1., 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 accredited renovator's training certificate, and a certification by the accredited renovator assigned to the project that:

1. Training was provided to workers (topics must be identified for each worker).

2. Warning signs were posted at the entrances to the work area.

3. If test kits were used, that the specified brand of kits was used at the specified locations and that the results were as specified.

4. The work area was contained by:

(i) Removing or covering all objects in the work area (interiors).

(ii) Closing and covering all openings including HVAC ducts in the work area (interiors).

(iii) Closing all windows in the work area (interiors) or closing all windows in and within 20 feet of the work area (exteriors).

(iv) 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).

(v) Covering doors in the work area that were being used to allow passage but prevent spread of dust.

(vi) 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).

(vii) Installing (if necessary) vertical containment to prevent migration of dust and debris to adjacent property (exteriors).

5. Waste was contained on-site and while being transported off-site.

6. The work area was properly cleaned after the renovation by:

(i) Picking up all chips and debris, misting protective sheeting, folding it dirty side inward, and taping it for removal.

(ii) Cleaning the work area surfaces and objects using a HEPA vacuum and/or wet cloths or mops (interiors).

7. The accredited renovator performed the post-renovation cleaning verification (the results of which must be briefly described, including the number of wet and dry cloths used).

(3) When test kits are used, the renovation firm must provide within 30 days of the completion of the renovation identifying information as to the manufacturer and model of the test kits used, a description of the components that were tested including their locations, and the test kit results to the person who contracted for the renovation.

(4) If dust clearance sampling is performed in lieu of cleaning verification as permitted by Rule 420-3-29-.10(3), the renovation firm must provide, within 30 days of the completion of the renovation, a copy of the dust sampling report to the person who contracted for the renovation.

Ala. Admin. Code r. 420-3-29-.15

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.