Current through Register Vol. 39, No. 6, September 16, 2024
(a) For the
purposes of this Rule, the following definitions shall apply:
(1) "Abatement" means as defined at
40 C.F.R.
745.223, and also includes "interim controls"
as defined at 40 C.F.R.
745.83. Abatement shall not be considered
complete until a final clearance inspection of the public school or licensed
child care facility is performed by a certified risk assessor in accordance
with the standards set forth at
40 C.F.R.
745.227.
(2) "Certified Project Designer" means an
individual who meets the requirements for a project designer as set forth in
G.S.
130A-453.03 and Rule .0802 of this
Subchapter.
(3) "Certified
Supervisor" means an individual who meets the requirements for a supervisor as
set forth in
G.S.
130A-453.03 and Rule .0802 of this
Subchapter.
(4) "Certified Risk
Assessor" means an individual who meets the requirements for a risk assessor as
set forth in
G.S.
130A-453.03 and Rule .1006 of this
Section.
(5) "Inspection" means a
risk assessment conducted in accordance with
40 C.F.R.
745.223.
(6) "Inspection report" means a summary
prepared in accordance with Rule .0807(b) of this Subchapter.
(7) "Lead-based paint hazard" means as
defined at
G.S.
130A-131.7(6).
(8) "Lead poisoning hazard" means as defined
at G.S.
130A-131.7(7).
(9) "Occupant protection plan" means as
defined at Rule .0801(a)(6) of this Subchapter.
(b) Each responsible individual shall ensure
that an inspection is conducted for lead-based paint hazards in each public
school or licensed child care facility for which he or she is responsible by
May 1, 2024. Inspections for lead-based paint hazards shall be performed by a
certified risk assessor and documented in an inspection report. The certified
risk assessor shall determine whether a lead-based paint hazard is present in
the public school or licensed child care facility based on the inspection, and
document the determination in the inspection report. If the certified risk
assessor determines that a lead-based paint hazard exists, then an occupant
protection plan shall be written by a certified supervisor or certified project
designer in accordance with 40 C.F.R.
745.227(e)(5) and Rule
.0801(a)(6) of this Subchapter.
(c)
If the certified risk assessor detects a lead-based paint hazard, then the
responsible individual shall restrict access to the identified lead-based paint
hazard until abated in accordance with this Rule.
(d) A determination by a certified risk
assessor that a lead-based paint hazard is present in the public school or
licensed child care facility that is documented in the inspection report in
accordance with Paragraph (b) of this Rule shall satisfy the requirement of
Rule .1002(b)(1) or (d)(2) of this Section, as applicable, that lead is
detected that meets the requirements for abatement.
(e) Abatement shall be performed by one or
more professionals who are certified in accordance with
G.S.
130A-453.03 and Rules .0802 or .0902 of this
Subchapter and shall be performed in accordance with Rules .0807-.0809 and
.0906 of this Subchapter, as applicable.
(f) The information listed in this Paragraph
shall be submitted to the Program by email to ARPA-Reimbursement@dhhs.nc.gov:
(1) Within 45 calendar days following the
date on which an inspection is completed pursuant to the Rule, the certified
risk assessor shall report the following on a form provided by the Department:
(A) the name, address, email address, and
phone number of the responsible individual;
(B) the name, address, email address, phone
number, and certification number of the certified risk assessor;
(C) the name and address, including county,
of the individual school and the public school unit or the licensed child care
facility;
(D) whether the facility
for which the responsible individual is submitting the report is a public
school or a licensed child care facility;
(E) whether the inspection identified the
presence of a lead-based paint hazard;
(F) a description of any identified
lead-based paint hazard; and
(G)
the results of any laboratory testing conducted during the
inspection.
(2) If the
public school or licensed child care facility plans to use a previous
inspection or a signed attestation under Paragraph (h) of this Rule, then the
responsible individual shall submit a copy of the inspection report associated
with the previous inspection or the signed attestation by May 1, 2024 in lieu
of meeting the requirements in Subparagraph (f)(1) of this Rule.
(3) At least 10 calendar days before
abatement conducted pursuant to this Rule begins, the responsible individual
shall report the following on a form provided by the Department:
(A) the name, address, email address, and
phone number of the responsible individual;
(B) the name and address, including county,
of the individual school and the public school unit or the licensed child care
facility, as applicable;
(C) the
names and certification numbers of the professionals who will conduct the
abatement and the email address and phone number of the on-site lead supervisor
who will oversee the abatement;
(D)
whether the facility for which the responsible individual is submitting the
report is a public school or a licensed child care facility;
(E) the dates on which the abatement is
scheduled to occur; and
(F) a
description of the planned abatement that contains information on the type of
materials to be abated, the location of the abatement, the quantity to be
abated, and the method of abatement.
(4) Within 45 calendar days following the
date on which abatement is completed pursuant to this Rule, the responsible
individual shall report the following:
(A) the
name, address, email address, and phone number of the responsible
individual;
(B) the name and
address, including county, of the individual school and the public school unit
or the licensed child care facility;
(C) whether the facility for which the
responsible individual is submitting the report is a public school or a
licensed child care facility;
(D)
the date on which the abatement was completed; and
(E) a report of the results of the final
clearance inspection.
(g) In accordance with
15A NCAC
18A .2816(a),
10A NCAC
09 .0601(f), and
10A NCAC
09 .1707(2), as applicable,
licensed child care facilities shall inspect for lead-based paint hazards in
accordance with this Rule to ensure these facilities are free from lead
poisoning hazards. The failure of a responsible individual in licensed child
care facility to inspect for lead-based paint hazards or to restrict access to
or abate identified lead-based paint hazards in accordance with this Rule shall
be considered a violation of
15A NCAC
18A .2816(a),
10A NCAC
09 .0601(f), or
10A NCAC
09 .1707(2), as
applicable.
(h) The requirements of
Paragraph (b) of this Rule shall be considered met if:
(1) the public school or licensed child care
facility has previously completed a risk assessment of its buildings that meets
the requirements of 40
C.F.R. 745.223; or
(2) the responsible individual of a public
school or licensed child care facility located in a building that was built
after February 28, 1978 signs a statement attesting that no lead-based paint
was used in the building.
Authority S.L.
2021-180, s. 9G.8;
Temporary Adoption Eff. April 29,
2022.
