Current through Register Vol. 42, No. 5, February 29, 2024
(1) This chapter
applies to target housing and child-occupied facilities as defined in
40
CFR §
745.223, and as further defined by
this chapter except for the following:
(a)
Renovations in target housing or child-occupied facilities in which a written
determination has been made by an Alabama accredited inspector or risk assessor
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 percent by weight,
where the firm performing the renovation has obtained a copy of the
determination.
(b) Renovations in
target housing or child-occupied facilities in which an accredited renovator,
using an EPA recognized test kit as defined in Rule
420-3-29-.03 and
following the kit manufacturer's instructions, has tested each component
affected by the renovation and 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 percent by weight. If the components
make up an integrated whole, such as the individual stair treads and risers of
a single staircase, the accredited renovator is required to test only one of
the individual components, unless the individual components appear to have been
repainted or refinished separately.
(c) Emergency Renovations. The information
distribution requirements in Rule
420-3-29-.04
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 and/or
property with significant damage. Interim controls performed in response to an
elevated blood lead level in a resident child are also emergency renovations.
Emergency renovations other than interim controls are also exempt from the
warning sign, containment, waste handling, training, accreditation, and
certification requirements in Rules
420-3-29-.10,
420-3-29-.05,
and Ala. Admin. Code, Chapter 822-X-1 (Registration and Accreditation of Lead
Training Programs and Individuals Engaged in Lead Hazard Reduction Activities)
to the extent necessary to respond to the emergency. Emergency renovations are
not exempt from the cleaning requirements of Rule
420-3-29-.10(1)(e),
which must be performed by accredited renovators or individuals trained in
accordance with 40 CFR (Code of Federal Regulation) §745.90(b)(2) and
Ala. Admin. Code, Rule
822-X-1-.05,
the cleaning verification requirements of Rule
420-3-29-.10(2),
which must be performed by accredited renovators, and the recordkeeping
requirements of Rule
420-3-29-.15(2)(f)
and (2)(g).
(d) If any portion of a renovation project is
intended solely to remove lead-based paint components and is noted in the
contract, then the project must comply with Ala. Admin.
Code, Chapter 420-3-27.
(2) The training requirements in
40
CFR §
745.90 and Ala. Admin.
Code, Rule
822-X-1-.04
and the work practice standards for renovation activities in Rule
420-3-29-.10
apply to all renovations covered by these rules, except housing designated for
the elderly or persons with disabilities (unless one or more children under 6
years of age resides or is expected to reside in such housing for the elderly
or person with disabilities) or any zero-bedroom dwelling.
(3) This chapter applies to all persons who
are engaged in renovation as defined in 40 CFR Part 745 Subpart E - Residential
Property Renovation, and as further defined by this chapter.
(4) This chapter shall apply to any person
contracted by the homeowner to perform renovations, or to plan such activities
and also apply where the owner performs such activities in or upon another
structure which is not his or her private residence or the portion
thereof.
(5) Each department,
agency, and instrumentality of the executive, legislative, and judicial
branches of the federal government or the state of Alabama having jurisdiction
or control over any property or facility, or engaged in any activity resulting
in or which may result in a lead-based paint hazard, and each officer, agent,
or employee thereof, is subject to and must comply with all substantive and
procedural requirements regarding lead-based paint and renovation set out
herein and in any local, state, or federal regulations.
(6) Individuals who perform renovation within
their own residential dwellings are not bound by this chapter, unless the
dwelling is occupied by a person or persons other than the owner or the owner's
immediate family or a child resides in the dwelling who has been identified as
having an elevated blood lead level.
(7) Renovation activities in target housing
and child-occupied facilities shall be performed by
accredited individuals of certified firms.
Authors: Salvador Gray, Charles Brookins, James
Daughtry, Steven McDaniel
Statutory Authority:
Code of
Ala.1975, §§
22-37A-1,
et seq.
