Compilation of Rules and Regulations of the State of Georgia
Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES
Chapter 391-3 - ENVIRONMENTAL PROTECTION
Subject 391-3-24 - LEAD-BASED PAINT HAZARD MANAGEMENT
Rule 391-3-24-.01 - Scope and Applicability

Universal Citation: GA Rules and Regs r 391-3-24-.01

Current through Rules and Regulations filed through September 23, 2024

(1) These Rules contain procedures and requirements for the accreditation of renovation and lead-based paint activities training programs, procedures and requirements for the certification of persons and firms engaged in renovation and lead-based paint activities, and standards for performing such activities. These Rules also contain requirements that all renovation and lead-based paint activities performed for compensation in target housing and child-occupied facilities shall be performed by certified persons and lead or renovation firms. No person or firm shall offer to perform renovation or lead-based paint activities without obtaining the certification and training required in these Rules. These Rules do not require the mandatory abatement of lead-based paint.

(2) These Rules are applicable to all persons and firms who are engaged in renovation and lead-based paint activities as defined in Rule 391-3-24-.03, except persons who perform these activities within residential dwellings that they own, 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 residential dwelling has been identified as having an elevated blood lead level. Each department, agency, and instrumentality of the executive, legislative, and judicial branches of the State of Georgia 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 requirements, both substantive and procedural, regarding lead-based paint, lead-based paint activities, and lead-based paint hazards.

(3) The information distribution requirements in Rule 391-3-24-.08 are to ensure that owners and occupants of target housing and child-occupied facilities receive information on lead-based paint hazards before renovations begin.

(4) The training and certification requirements, the standards for performing renovation activities and associated pre-notification education and record keeping requirements under Rule 391-3-24-.04 and Rules 391-3-24-.08 through 391-3-24-.11 apply to all renovations performed for compensation in target housing and child-occupied facilities, except for the following:

(a) Renovations in target housing or child-occupied facilities in which a written determination has been made by a certified inspector or certified 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 (0.5%) by weight, where the certified renovation firm performing the renovation has obtained a copy of the determination.

(b) Renovations in target housing or child-occupied facilities in which a certified renovator, using an EPA recognized test kit 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 milligrams per square centimeter (mg/cm2) or 0.5 percent (0.5%) by weight. If the components make up an integrated whole, such as the individual stair treads and risers of a single staircase, the renovator is required to test only one of the individual components, unless the individual components appear to have been repainted or refinished separately.

(5) The information distribution requirements in Rule 391-3-24-.08 do not apply to emergency renovation activities. Emergency renovations other than interim controls are exempt from the warning sign, containment, waste handling, training, and certification requirements in Rule 391-3-24-.10 to the extent necessary to respond to the emergency. Interim controls performed in response to an elevated blood lead level in a resident child are also emergency renovations. Emergency renovations are not exempt from the cleaning requirements of Rule 391-3-24-.10, which must be performed by certified renovators or trained individuals, the cleaning verification requirements of Rule 391-3-24-.10, which must be performed by certified renovators, and the recordkeeping requirements of Rule 391-3-24-.11.

O.C.G.A. Sec. 31-41-1 et seq.

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