11 Miss. Code. R. 2-9.1
Pursuant to the authority granted by the Lead-Based Paint Activity Accreditation and Certification Act, Miss. Code 49-17-501 through 49-17-531, the following regulations contain procedures and requirements for the accreditation of lead-based paint activities training programs, procedures and requirements for the certification of inspectors, risk assessors, project designers, supervisors, workers, renovators, dust sampling technicians, and firms engaged in lead-based paint activities, and work practice standards for performing such activities. No person may engage in lead-based paint activities in target housing or child-occupied facilities as an inspector, risk assessor, project designer, supervisor, worker, renovator, dust sampling technician, or firm on or after the effective date of these regulations, unless applicable initial or renewed certificates to so engage in lead-based paint activities have been issued to such persons by the Commission, and are currently in effect. No firm shall employ any person on a lead-based paint activity who does not possess a current certificate issued by the Commission or has not been appropriately trained as a renovation worker. No individual will be certified as an inspector, risk assessor, or supervisor until the individual has passed the required certification (3rd party) examination for the discipline.
These regulations are applicable to all persons engaged in lead-based paint activities in target housing and child-occupied facilities. These regulations also apply to lead-based paint activities performed on or in other non-residential buildings or structures located on the property of target housing and child-occupied facilities where the lead-based paint activity would pose a health risk to those using the property. Persons who perform lead-based paint activities within residential dwellings that they own and occupy are exempt from the regulations unless the residential dwelling is occupied by a person or persons other than the owner or owner's immediate family while these activities are being performed, or a child residing in the building has been identified as having an elevated blood lead level as determined by the United States Department of Health and Human Services; Centers for Disease Control and Prevention.
These regulations do not require the performance of lead-based paint activities but establish requirements and procedures to follow when lead-based paint activities are performed. Each department, agency, and instrumentality of the executive, legislative, and judicial branches of the Federal Government having jurisdiction over any property or facility, or engaged in any activity resulting, or which may result, in a lead-based paint hazard, and each officer, agent, or employee thereof shall be subject to, and comply with all of the requirements of these regulations regarding lead-based paint, lead-based paint activities and lead-based paint hazards.
These regulations require that owners and occupants of target housing and child-occupied facilities receive information on lead-based paint hazards before renovations begin. The pamphlet, Renovate Right: Important Lead Hazard Information for Families, Child Care Providers, and Schools, must be distributed.
Compliance with these regulations shall not affect or substitute for compliance with all other applicable laws and regulations of the United States Department of Housing and Urban Development, the United States Occupational Safety and Health Administration, the United States Environmental Protection Agency and other federal agencies with jurisdiction over issues concerning lead-based paint hazards.
It is the intent of the "Lead-Based Paint Activity Accreditation and Certification Act" that the cost of the administration and enforcement of the act be borne fully by federal grants and fees for accreditation, certification, and abatement projects. Any fee to fund activities shall be set by order of the Commission on Environmental Quality and shall be at levels graduated to reflect the type of certificate and the size of the project, as the case may be. Fees for more than one (1) discipline shall be paid by a separate check or money order for each discipline. All fees shall be submitted to the Commission by check or money order, payable to the Lead-Based Paint Program Operations Funds.
11 Miss. Code. R. 2-9.1