Current through Register Vol. 42, No. 11, August 30, 2024
(1) Firms performing renovations must retain
and, if requested, make available to the Department all records necessary to
demonstrate compliance with these rules for a period of 3 years following
completion of the renovation. This 3 year retention requirement does not
supersede longer obligations required by other provisions for retaining the
same documentation, including any applicable state or tribal laws or
regulations.
(2) Records that must
be retained, pursuant to this rule, shall include where applicable:
(a) Reports certifying that a determination
had been made, by a state accredited lead-based paint inspector/risk assessor
working for a certified firm, that lead-based paint is not present on the
components affected by the renovation, as described in Rule
420-3-29-.02(1).
(b) Signed and dated acknowledgments of
receipt as described in Rules
420-3-29-.04(1)(a)1., (1)(b)1., (2)(a)1.,
(3)(a)1., and (3)(b)1.
(c) Certifications of attempted delivery as
described in Rules
420-3-29-.04(1) (b)1., (2)(c), and
(3)(b)1.
(d) Certificates of mailing as described in
Rules 420-3-29-.04(1)(a)2., (1)(b)2., (2)(a)2.,
(3)(a)2., and (3)(b)2.
(e) Records of notification activities
performed regarding common area renovations, as described in Rules
420-3-29-.04(2)(c) and
(2)(d), and renovations in child-occupied
facilities, as described in Rule
420-3-29-.04(3)(b).
(f) Any signed and dated statements received
from owner-occupants documenting that the requirements of Rule
420-3-29-.10 (Work Practice
Standards) do not apply. These statements must include, a declaration that the
housing is not a child-occupied facility and is designated as elderly only, the
address of the unit undergoing renovation, the owner's name, an acknowledgment
by the owner that the work practices to be used during the renovation will not
necessarily include all of the lead-safe work practices contained in EPA's
renovation, repair, and painting rule, the signature of the owner, and the date
of signature. These statements must be written in the same language as the text
of the renovation contract, if any.
(g) Documentation of compliance with the
requirements of Rule
420-3-29-.10 (Work Practice
Standards), including documentation that an accredited renovator was assigned
to the project, that the accredited renovator provided on-the-job training for
workers used on the project, that the accredited renovator performed or
directed workers who performed all of the tasks described in Rule 420-3-29.11
(Standards for Renovation Activities) and that the accredited renovator
performed the post-renovation cleaning verification described in Rule
420-03-29.10(2) (Standards for Post-Renovation Cleaning Verification). If the
renovation firm was unable to comply with all of the requirements of this rule
due to an emergency as defined in Rule
420-3-29-.02(1)(b)1.,
the firm must document the nature of the emergency and the provisions of the
rule that were not followed. This documentation must include a copy of the
accredited renovator's training certificate, and a certification by the
accredited renovator assigned to the project that:
1. Training was provided to workers (topics
must be identified for each worker).
2. Warning signs were posted at the entrances
to the work area.
3. If test kits
were used, that the specified brand of kits was used at the specified locations
and that the results were as specified.
4. The work area was contained by:
(i) Removing or covering all objects in the
work area (interiors).
(ii) Closing
and covering all openings including HVAC ducts in the work area
(interiors).
(iii) Closing all
windows in the work area (interiors) or closing all windows in and within 20
feet of the work area (exteriors).
(iv) Closing and sealing all doors in the
work area (interiors) or closing and sealing all doors in and within 20 feet of
the work area (exteriors).
(v)
Covering doors in the work area that were being used to allow passage but
prevent spread of dust.
(vi)
Covering the floor surface, including installed carpet, with taped-down plastic
sheeting or other impermeable material in the work area 6 feet beyond the
perimeter of surfaces undergoing renovation or a sufficient distance to contain
the dust, whichever is greater (interiors) or covering the ground with plastic
sheeting or other disposable impermeable material anchored to the building
extending 10 feet beyond the perimeter of surfaces undergoing renovation or a
sufficient distance to collect falling paint debris, whichever is greater,
unless the property line prevents 10 feet of such ground covering, weighted
down by heavy objects (exteriors).
(vii) Installing (if necessary) vertical
containment to prevent migration of dust and debris to adjacent property
(exteriors).
5. Waste was
contained on-site and while being transported off-site.
6. The work area was properly cleaned after
the renovation by:
(i) Picking up all chips
and debris, misting protective sheeting, folding it dirty side inward, and
taping it for removal.
(ii)
Cleaning the work area surfaces and objects using a HEPA vacuum and/or wet
cloths or mops (interiors).
7. The accredited renovator performed the
post-renovation cleaning verification (the results of which must be briefly
described, including the number of wet and dry cloths used).
(3) When test kits are
used, the renovation firm must provide within 30 days of the completion of the
renovation identifying information as to the manufacturer and model of the test
kits used, a description of the components that were tested including their
locations, and the test kit results to the person who contracted for the
renovation.
(4) If dust clearance
sampling is performed in lieu of cleaning verification as permitted by Rule
420-3-29-.10(3),
the renovation firm must provide, within 30 days of the completion of the
renovation, a copy of the dust sampling report to the person who contracted for
the renovation.
