16 Del. Admin. Code § 4459B-1.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 4459B-1.0 - General Provisions

1.1 Preamble. These regulations are adopted by the Secretary of Delaware Health and Social Services pursuant to the Authority invested in the Secretary by 16 Del.C. § 122(3) t. These regulations apply to all renovations performed for compensation in target housing and child-occupied facilities.

1.2 Purpose. These regulations shall be construed and applied to promote their underlying purpose of protecting the public health. The purpose of these regulations is to ensure the following:

1.2.1 Owners and occupants of target housing and child-occupied facilities receive information on lead-based paint hazards before these renovations begin;

1.2.2 Individuals performing renovations regulated in accordance with subsection 1.5 of these regulations are properly trained;

1.2.3 Renovators and firms performing these renovations are certified; and

1.2.4 The work practices in Section 3.0 are followed during these renovations.

1.3 Severability. If any provision or application of any provision of these regulations is held invalid, that invalidity shall not affect other provisions or applications of these regulations.

1.4 Effective Dates

1.4.1 Training programs. On or after the effective date of these regulations, it shall be unlawful for any training program to provide, offer, or claim to provide training or refresher training for certification as a Renovator or a Dust Wipe Technician without first possessing accreditation from the Secretary under Section 11.0. Training programs accredited by EPA as of the effective date of these regulations shall be deemed accredited only:

1.4.1.1 Through the expiration date of that EPA certification; and

1.4.1.2 Upon the Secretary's receipt of documentation of that EPA certification.

1.4.2 Firms. On or after the effective date of these regulations, it shall be unlawful for any firm to perform, offer, or claim to perform renovations in target housing or child-occupied facilities without certification from the Secretary under Section 7.0, unless the renovation qualifies for one of the exceptions identified in subsections 1.5.1 and 1.5.2. A firm certified by EPA as of the effective date of these regulations shall be deemed certified only:

1.4.2.1 Through the expiration date of that EPA, certification; and

1.4.2.2 Upon the Secretary's receipt of documentation of that EPA certification.

1.4.3 Individuals. On or after the effective date of these regulations, all renovations in target housing or child-occupied facilities must be directed by Renovators certified by the Secretary in accordance with subsection 8.1 and performed by certified Renovators, or individuals trained in accordance with subsection 8.2.2, unless the renovation qualifies for one of the exceptions identified in subsections 1.5.1 and 1.5.2. An individual certified by EPA as of the effective date of these regulations shall be deemed certified only:

1.4.3.1 Through the expiration date of that EPA certification; and

1.4.3.2 Upon the Secretary's receipt of documentation of that EPA certification.

1.4.4 Work practices. On or after the effective date of these regulations, all renovations in target housing or child-occupied facilities must be performed in accordance with the work practice standards in Section 4.0 and the associated recordkeeping requirements in subsections 5.2.1 through 5.2.6, unless the renovation qualifies for the exception identified in subsection 1.5.1.

1.4.5 Suspension and revocation. On or after the effective date of these regulations, the suspension and revocation provisions in Section 9.0 are effective.

1.4.6 Pre-Renovation information distribution requirements. On or after the effective date of these regulations, firms performing renovations must provide owners and occupants with the EPA pamphlet: "Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools," or any State of Delaware pamphlet approved by EPA pursuant to 40 CFR § 745.326 that is developed for the same purpose.

1.4.7 A written Occupant Protection Plan, or electronic equivalent, shall be developed for all Renovation, Repair, and Painting projects and shall be prepared according to the following procedures:

1.4.7.1 The Occupant Protection Plan shall be unique to each residential dwelling or child-occupied facility and be developed prior to the Renovation, Repair, and Painting project. The occupant protection plan shall describe the measures and management procedures that will be taken during the Renovation, Repair, and Painting project to protect the building occupants from exposure to any lead-based paint hazards.

1.4.7.2 A certified renovator shall prepare the Occupant Protection Plan.

1.5 Applicability.

1.5.1 These regulations apply to all renovations performed for compensation in target housing and child-occupied facilities, except for the following:

1.5.1.1 Renovations in target housing or child-occupied facilities for which:

1.5.1.1.1 A written determination has been made by an inspector or risk assessor, certified pursuant to 16 DE Admin. Code 4459, 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% by weight; and

1.5.1.1.2 The firm performing the renovation has obtained a copy of the determination.

1.5.1.2 Renovations in target housing or child-occupied facilities for which:

1.5.1.2.1 A certified Renovator, using an EPA-recognized test kit as defined in 40 CFR § 745.83 and following the kit manufacturer's instructions, has tested each component affected by the renovation; and

1.5.1.2.2 The certified Renovator 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% by weight. If the components make up an integrated whole, such as the individual stair treads and risers of a single staircase, the Renovator is required to test only one of the individual components, unless the individual components appear to have been repainted or refinished separately.

1.5.1.3 Renovations in target housing or child-occupied facilities for which:

1.5.1.3.1 A certified Renovator has collected a paint chip sample from each painted component affected by the renovation;

1.5.1.3.2 The Renovator is required to test only one of the individual components if the components make up an integrated whole, such as the individual stair treads and risers of a single staircase, unless the individual components appear to have been repainted or refinished separately; and

1.5.1.3.3 A laboratory recognized by EPA pursuant to section 405(b) of the Toxic Substances Control Act of 1976, as amended, (15 USC § 2601 et.seq.) as being capable of performing analyses for lead compounds in paint chip samples has determined that the samples are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 mg/cm2 or 0.5% by weight.

1.5.2 Emergency renovations.

1.5.2.1 The information distribution requirements in Section 3.0 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 or property with significant damage. Interim controls performed in response to an elevated blood lead level in a resident child are also emergency renovations.

1.5.2.2 To the extent necessary to respond to the emergency, the warning sign, containment, waste handling, training, and certification requirements in Sections 4.0, 7.0, and 8.0 do not apply to emergency renovations, other than interim controls.

1.5.2.3 Emergency renovations are not exempt from:

1.5.2.3.1 The cleaning requirements in subsection 4.1.5, which must be performed by certified Renovators or individuals trained in accordance with subsection 8.2.2;

1.5.2.3.2 The cleaning verification requirements in subsection 4.2, which must be performed by certified Renovators; and

1.5.2.3.3 The recordkeeping requirements in subsection 5.2.6.

16 Del. Admin. Code § 4459B-1.0

26 DE Reg. 699( 2/1/2023) (final)