Section R. 325.99409 - Pre-renovation education(1) Not more than 60 days before commencing a renovation activity for compensation in target housing or child-occupied facility, the renovator shall do both of the following: (a) Provide the owner of the dwelling or facility with US EPA pamphlet number EPA 747-K-99-001, entitled "Protect Your Family From Lead in Your Home," or a true reproduction, or an equivalent pamphlet approved by the department. If the owner does not occupy the dwelling unit, then the person performing renovation shall also provide an adult occupant of the housing unit with the pamphlet.(b) Obtain a written acknowledgment of receipt of the pamphlet from the owner and, if applicable, the adult occupant of the unit or facility.(2) If the renovator is unsuccessful in obtaining a written acknowledgment from the adult occupant described in subrule (1) of this rule, then the renovator shall certify in writing both of the following:(a) The address of the dwelling unit described in subrule (1) of this rule.(b) That the pamphlet was delivered to the dwelling unit, including the date and method of delivery. If the pamphlet was delivered by mail, then the renovator shall obtain a certificate of mailing not less than 7 days before the renovation.(3) If the renovator, upon delivery of the pamphlet, is unsuccessful in obtaining a written acknowledgment from the adult occupant, the renovator may self-certify the delivery. The self-certification shall be written and include the reason for lack of success (for example, occupant refuses to sign, no adult occupant available), the method of delivery of the pamphlet, the signature of the renovator, and the date of signature.(4) Not more than 60 days before commencing renovation activities in common areas of multi-family housing, the renovator shall do all of the following: (a) Provide the owner with the pamphlet and comply with either of the following:(i) Obtain, from the owner, a written acknowledgement that the owner has received the pamphlet.(ii) Obtain a certificate of mailing at least 7 days prior to the renovation.(b) Notify in writing, or ensure written notification of, each unit of the multifamily housing and make the pamphlet available upon request prior to the start of renovation. Such notification shall be accomplished by distributing written notice to each affected unit. The notice shall describe the general nature and locations of the planned renovation activities; the expected starting and ending dates; and a statement of how the occupant can obtain the pamphlet, at no charge, from the renovator.(c) Prepare, sign, and date a statement describing the steps performed to notify all occupants of the intended renovation activities and to provide the pamphlet.(d) If the scope, locations, or expected starting and ending dates of the planned renovation activities change after the initial notification, the renovator shall provide further written notification to the owners and occupants providing revised information on the ongoing or planned activities. This subsequent notification must be provided before the renovator initiates work beyond that which was described in the original notification.(5) The written acknowledgement required in this rule shall comply with all of the following:(a) Include a statement recording the owner or occupants name and acknowledging receipt of the pamphlet prior to the start of renovation, the address of the unit undergoing renovation, the signature of the owner or occupant as applicable, and the date of signature.(b) Be either a separate sheet or part of any written contract or service agreement for the renovation.(c) Be written in the same language as the contract or agreement for the renovation or, in the case of owner occupied target housing, in the same language as the lease or rental agreement or the pamphlet.(6) Renovators shall retain, and if requested, make available to the department all records necessary to demonstrate compliance with this rule for a period of 3 years following completion of the renovation activities in target housing or a child-occupied facility.(7) The following sample language may be used for acknowledgements described in this rule: (a) I have received a copy of the pamphlet, "Protect Your Family From Lead In Your Home", (or equivalent approved by the department) informing me of the potential risk of lead hazard exposure from renovation activity to be performed in my dwelling unit. I received this pamphlet before the work began. __________________________
__________________________
Printed Name and Signature
Date
Unit Address
(b) If an occupant is unavailable for signature or refuses to sign the acknowledgement of receipt of the pamphlet, then the renovator may, under subrule (3) of this rule, self-certify delivery of each instance. The following sample language may be used for self-certification:(i) Refusal to sign I certify that I have made a good faith effort to deliver the pamphlet, "Protect Your Family From Lead In Your Home," (or approved equivalent) to the unit listed below at the dates and times indicated, and that the occupant refused to sign the acknowledgement. I further certify that I have left a copy of the pamphlet at the unit with the occupant. Printed Name and Signature
Date
__________________________
Unit Address
Attempted delivery dates and times: _____________________
(ii) Unavailable for signature I certify that I have made a good faith effort to deliver the pamphlet, "Protect Your Family From Lead In Your Home," (or approved equivalent) to the unit listed below at the dates and times indicated, and that the occupant was unavailable to sign the acknowledgement. I further certify that I have left a copy of the pamphlet at the unit with the occupant. ________________________
Printed Name and Signature
Date
__________________________
Unit Address
Attempted delivery dates and times: _____________________
Mich. Admin. Code R. 325.99409