Ala. Code § 22-37A-3

Current through the 2024 Regular Session.
Section 22-37A-3 - Functions of board

(a) The board shall establish a statewide program to identify and reduce the threat to human health posed by exposure to lead. In furtherance of this purpose, the board may perform each of the following functions:

(1) Certify all individuals involved in lead-based paint activities.
(2) Issue, reissue, suspend, revoke, or deny the issuance or reissuance of certificates for accredited individuals.
(3) Establish standards for the program.
(4) Ensure compliance with state and federal rules and regulations.
(5) Enforce the certification program.
(6) Establish a program for the education of owners and occupants of target housing and child-occupied facilities concerning lead-based paint hazards. This program shall require persons who perform renovation in such facilities for compensation to provide owners and occupants with a lead hazard information pamphlet prior to commencing the renovation. The program shall meet the requirements of the federal program under the Lead Based Paint Exposure Reduction Act, 15 U.S.C. § 2681 et seq.
(7) Execute contracts and other instruments that are necessary or convenient to the exercise of the board's powers or the performance of the board's duties under this chapter.
(8) Encourage voluntary cooperation by persons or affected groups to achieve the purposes of this chapter.
(9) Assist persons in evaluating existing or potential health hazards from lead, including, but not limited to, health hazards from external sources that infiltrate the indoor environment and those from materials, processes, or human activities in the indoor environment.
(10) Assist persons in methods to control, remove, or minimize sources of lead.

(11) Represent the state in matters relating to lead hazard reduction and apply for and receive, on behalf of the state, matching grants, gifts, donations, foundation awards, or other legitimate means of support for the intents and purposes of this chapter, and to make other decisions concerning the fiscal aspects of the powers, duties, programs, and activities of the board under this chapter.
(12) Enter into cooperative agreements with, and accept grant assistance from, the United States Environmental Protection Agency in support of certification provisions of Title IV of the Federal Toxic Substances Control Act or from any other governmental agency or other authority to carry out the intent of this chapter.
(13) Enter into cooperative agreements or contracts to demonstrate practices, methods, technologies, or processes which may be effective in controlling sources or potential sources of lead, preventing the occurrence of lead, and reducing exposure to lead; and accept financial assistance in the form of grants from public agencies and authorities, nonprofit institutions and organizations, educational institutions, or other persons.
(14) Establish by rule a fee schedule for performing lead investigations and services, which may not in any case exceed the actual costs.
(15) Subject to the Alabama Administrative Procedure Act, publish guidelines for performing lead hazard reduction.
(b) The board may adopt rules to implement and enforce this chapter.
(c)
(1) This chapter shall not apply to any person engaged in smelting and refining or to the operation of facilities for smelting and refining. Smelting and refining or the operation of facilities for smelting and refining are exempt from this chapter.
(2) This chapter shall not be construed or interpreted to grant the State Board of Health or the Department of Public Health the authority to regulate the smelting and refining industry.

Ala. Code § 22-37A-3 (1975)

Amended by Act 2022-426,§ 1, eff. 7/1/2022.
Acts 1997, No. 97-553, p. 975, §3.