Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 178 - ENVIRONMENTAL HEALTH
Chapter 23 - LEAD BASED PAINT ACTIVITIES
Section 178-23-007 - PROJECT REVIEWS, INSPECTIONS, AND RECORDS

Universal Citation: 178 NE Admin Rules and Regs ch 23 ยง 007

Current through March 20, 2024

All licensed individuals and firms must comply with the following:

007.01 PROJECT NOTIFICATION. Before initiating any lead abatement project, a licensed firm, must submit to the Department a written project notification.

007.01(A) NOTIFICATION REQUIREMENTS. The Department must be notified at least ten days before the start of a project. The notice must include:
(i) The name, address, and telephone number of the licensed firm that will carry out the lead abatement project;

(ii) The name, address, and telephone number of the owner of the structure on which the lead abatement project is to be carried out;

(iii) The building number and street address of the project site, and if either is unavailable, directions to the project;

(iv) All locations within the building where the lead abatement project will be carried out;

(v) The type of lead abatement project proposed;

(vi) The date when the licensed firm will start the lead abatement project and date when the project will be finished;

(vii) For a lead abatement project around or within residential property or a child-occupied facility, the names and ages of all persons dwelling in the residential property or occupying the facility;

(viii) The volume or square footage of surface of lead to be abated; and

(ix) The person authorized to make binding legal agreements on behalf of the firm must sign the notification and send it to the Department by certified mail, return receipt requested, or hand-deliver it the original of the notification to Department.

007.01(B) CHANGES TO NOTIFICATION. If the licensed firm deviates from or changes the work schedule identified in the notification sent to the Department for a reason other than a legal holiday, the firm must notify the Department of such changes within 24 hours of learning of or making such changes and 24 hours before work being done on the project. The firm may mail this notice to: dhhs.asbestoslead@nebraska.gov, by telephone, facsimile FAX [402-471-8833], or letter. If the firm desires a verified record that it gave notice, it must submit a written letter by certified mail, return receipt requested.
(i) Notice under 178 NAC 23-007 must include, as applicable:
(1) A new start date for the project, which date cannot be less than 24 hours after the Department receives notice of the new start date;

(2) A new work schedule for the project, either days, work shift, or both;

(3) Typographical or clerical errors which would affect the Department's ability to perform an inspection of the project, such as an incorrect street address; and

(4) Any increase in the size of the project because a new location within a structure has been added, such as adding work in a new room on the same floor as the original project or adding work on a different floor.

(ii) Increasing the size of a project may require the licensed firm to submit a project review fee even though the project was not formerly subject to such a fee.

007.01(C) PROJECT FEE. For a project review of each lead abatement project equal to or greater than 100 square feet or any combination which is equal to or greater than 100 square feet, notification must be accompanied by an administrative fee of $ 200.00. All projects require written notification.

007.02 INITIAL INSPECTION. The Department may inspect an abatement project and related documents at any time.

007.02(A) ONSITE INSPECTION. The Department may conduct an initial on-site inspection upon receiving notification that a lead abatement project is about to commence. The Department may conduct a re-inspection of a lead abatement project and the licensed firm will pay a re-inspection fee of $150 if:
(i) If any on-site inspection reveals the need for re-inspection for any violation of Residential Lead-Based Paint Professions Certification Act or these regulations; and

(ii) An on-site inspection could not accomplished because:
(1) The licensed firm provided an incorrect or inadequate address or failed to provide adequate directions to a lead abatement project when a building number or street address is unavailable;

(2) The lead abatement project was not underway during a time when the notification indicated work would be in progress;

(3) The actions of the licensed firm conducting the lead abatement project prevented the inspector(s) from taking photographs of the work area or taking bulk samples within the work area; or

(4) The actions of the licensed firm conducting the lead abatement project prevented access to the work area.

007.03 RECORD KEEPING REQUIREMENTS. Any licensed firm or individual must keep records as follows:

(A) Retain documents showing:
(i) The name and address of the premises at which the lead abatement project, inspection, screen, or risk assessment was conducted and the name and address of the owner of the structure in which the project occurred;

(ii) A description of the activity, including a summary of the procedures that were used to comply with these and other applicable regulations;

(iii) The start and completion dates of the activity;

(iv) The name, address, and certificate number of each licensed individual in each of the lead occupations who worked as any part of the activity in any capacity and for any duration; and

(v) If lead-containing waste was generated as part of the activity, where and in what manner the lead waste was disposed.

(B) Keep a separate record for each activity, project, inspection screen, or risk assessment and make those documents available in a form suitable for the Department's inspection.

(C) Retain all documents required by 178 NAC 23-007 for at least three years from the ending date of the activity.

(D) Keep the Department informed of the location of the records required by 178 NAC 23-007.

Disclaimer: These regulations may not be the most recent version. Nebraska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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