Section 096-424-2 - General ProvisionsA.Applicability. This Chapter applies to any person who engages in lead-based paint activities in residential dwelling units and child-occupied facilities in Maine.B.Right of entry. Employees and agents of the Department may enter any property at reasonable hours and enter any building with the consent of the owner, occupant or agent, or pursuant to an administrative search warrant, in order to inspect the property or structure, take samples, conduct tests, or review records as appropriate to determine compliance with any lead laws and regulations administered by the Department or the terms and conditions of any order, license, permit, approval, or decision of the Commissioner or the Board.C.Prohibition. No person shall engage in any lead-based paint activity at any residential dwelling unit or child-occupied facility unless the person is licensed or certified to do so by the Department. Unless exempted in Subsection E below. No person shall offer lead training courses in the State of Maine unless the lead training courses are accredited, and that person is licensed by the Department to offer the lead training courses.D.One-year term. A license, certification, or accreditation issued by the Department under this Chapter expires one year after the date of issue. An existing license, certification, or accreditation will expire unless the licensee submits a complete application for renewal to the Department prior to the expiration date of that license, certificate, or accreditation. An expired license, certification, or accreditation may be renewed if the application for renewal is received no later than 2 years following expiration of the previously issued license, certification, or accreditation.E.Exemptions(1) A person 18 years of age or older who owns and personally occupies a residential dwelling unit as their primary or seasonal residence is exempt from these rules when performing lead abatement activities within that residential dwelling unit, so long as a child residing in the residential dwelling unit has not been identified as lead-poisoned.(2) Owners and occupants assessing for the presence of lead in paint in their own property or residence using home test kits or paint chip sampling are exempt from these regulations. Owners and occupants may also collect dust samples to evaluate their residences. Note: Federal law requires property owners to disclose to lessees or potential buyers any knowledge of lead-based paint including results from homeowner-collected paint and dust samples as well as test results from paint testing conducted by EPA-certified renovators and/or any known lead-based paint hazards.
(3) EPA certified renovators may test for the presence of lead in paint in residential dwelling units or child-occupied facilities using EPA-approved test kits or paint chip sampling when the testing is performed in order to comply with EPA's Lead-Based Paint, Renovation, Repair and Painting Rule. 40 C.F.R. Part 745, subpart E, as amended up to July 1, 2020.(4) Any person performing interim controls is exempt from these regulations.(5) Any person or contractor addressing only lead water hazards in residential dwelling units or child-occupied facilities is exempt from these regulations. Note: Contact the Maine Center for Disease Control and Prevention, Division of Environmental Health, Drinking Water Program (207-287-2070) for assistance with lead-contaminated water including a listing of water quality professionals familiar with options for mitigating lead-contaminated water.
F.Conflict of interest(1)Financial interest. No lead inspector or risk assessor shall have any financial interest in residential dwelling units or child-occupied facilities where a lead-safe certificate is issued by that lead inspector or risk assessor.(2)Employment. A lead abatement contractor shall utilize an independent 3rd party to perform a lead inspection, risk assessment, lead determination, clearance sampling or lead-safe evaluation in residential dwelling units or child-occupied facilities at which the lead abatement contractor is an owner and is or has performed abatement activities.(3)Close relationship. No lead abatement contractor shall employ or hire a lead inspector or risk assessor that is closely related to the contractor to perform clearance sampling in a residential dwelling unit or child-occupied facilities where the contractor performed abatement activities. Close relations are: (a) A lead abatement contractor's sibling(s), spouse, lineal ascendant(s) and descendant(s), aunt(s), uncle(s), half-sibling(s), first cousin(s), cohabiting partner(s), and business entities owned, controlled, or operated by these individuals. An individual related through adoption, marriage, civil partnership (e.g., step-relations or in-law relations), or relations of cohabitating partners equivalent to those listed above shall be treated as having a close relationship; and(b) The lead abatement contractor's parent company, or subsidiary company.G.Denial of application, suspension, and revocation of license(1) The Department may deny an initial or renewal application, or seek suspension or revocation of any license, certification or accreditation issued under this Chapter on the basis of any of the grounds listed in 38 M.R.S. §342(11-B) or for violation of any of the following standards of conduct: (a) Failing to comply with the notification requirements of this Chapter or to maintain required records and logs; (b) Lending the use of the name of a licensed lead training provider, licensed lead abatement contractor, certified project supervisor, certified lead abatement worker, certified lead design consultant, certified lead inspector, or certified risk assessor to an unlicensed person;(c) Reporting fictitious results or reports not based on test performance or work done, or falsifying reports or records;(d) False representation of credentials as a licensed lead training provider, licensed lead abatement contractor, certified project supervisor, certified lead abatement worker, certified lead design consultant, certified lead inspector, or certified risk assessor, or misrepresenting the scope of services that can be provided under any license or certification category.(e) Engaging in activities that present a conflict of interest as described in Section 2(F);(f) Failure to submit documentation demonstrating ability to comply fully with applicable requirements, procedures, and standards set forth in this Chapter;(g) Employees' or agents' history of incompetence or negligence as determined by the Department based on previous compliance inspection(s), review of operating record(s), or other documents;(h) Submission of false information on an application; or(i) Past violation(s) of State or federal laws or regulations pertaining to lead-based paint activities. Note: Violations of this Chapter may be subject to criminal prosecution pursuant to 38 M.R.S. §§348(1), 349(1), and 349(3).
(2)Procedure for suspension or revocation of license. Procedures for revocation or suspension of a license or certificate shall conform to the requirements of 38 M.R.S. §342(11-B).H.Licensing and certification fees. Until superseded by statutory changes, an application for a license or certification (including renewal) must be accompanied by a non-refundable fee paid in full by a cashier's, certified, company check (made payable to the Treasurer, State of Maine) or other payment options deemed appropriate by the Department, as follows: Lead Abatement Worker | $75 |
Lead Abatement Project Supervisor | $125 |
Lead Inspector | $200 |
Lead Design Consultant | $250 |
Lead Risk Assessor | $250 |
Lead Abatement Contractor | $275 |
Lead Consulting Firm | $275 |
Lead Training Provider | $500 |
Multiple certifications. Any individual applying for certification for more than one discipline shall pay the fee for the highest discipline plus $50 for each additional discipline.
Reissuance of a certificate or Photo ID card $50
Note: If there are not sufficient funds to cover the check or credit card transaction, an insufficient funds fee of $20.00 will be assessed by the Department in accordance with State of Maine laws and policies. Until that insufficiency is resolved (by money order or bank check only), the Department will not accept any additional checks or credit card transactions from the party including checks associated with licensing and/or certifications.
I.Reciprocity. The Department may develop reciprocity agreements with other states and with federally recognized tribes when the states and tribes have established licensing, certification and accreditation requirements that are at least as stringent as those set forth in this Chapter.06-096 C.M.R. ch. 424, § 2