(1) Purpose and
Applicability.
(a) The purpose of this rule is
to require each person who performs a renovation of target housing for
compensation to provide a lead hazard information pamphlet to the owner and
occupant of such housing prior to commencing the renovation.
(b) Except as provided in subparagraph (c) of
this paragraph, this rule applies to all renovations of target housing
performed for compensation.
(c)
This rule does not apply to renovation activities that are limited to the
following:
1. Minor repair and maintenance
activities.
2. Emergency renovation
operations.
3. Renovations in
target housing in which a written determination has been made by an inspector
(certified by the Commissioner pursuant to paragraph (5) of Rule
0400-13-01-.01) 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
milligram per square centimeter or 0.5 percent by weight, where the renovator
has obtained a copy of the determination.
(2) Definitions.
In addition to the definitions in Rule 0400-13-01-.01, the
following definitions apply to this rule, unless otherwise specified:
"The Act" means T.C.A. Title 68, Chapter 131, Part 4,
Tennessee Lead-Based Paint Abatement Certification Act.
"Child-occupied facility" means a building or portion of a
building, constructed prior to 1978, visited regularly by the same child, under
six years of age, on at least two different days within any week (Sunday
through Saturday period), provided that each day's visit lasts at least three
hours and the combined weekly visits last at least six hours, and the combined
annual visits last at least 60 hours. Child-occupied facilities may include,
but are not limited to, day care centers, preschools, and kindergarten
classrooms. Child-occupied facilities may be located in target housing or in
public or commercial buildings. With respect to common areas in public or
commercial buildings that contain child-occupied facilities, the child-occupied
facility encompasses only those common areas that are routinely used by
children under age six, such as restrooms and cafeterias. Common areas that
children under age six only pass through, such as hallways, stairways, and
garages are not included. In addition, with respect to exteriors of public or
commercial buildings that contain child-occupied facilities, the child-occupied
facility encompasses only the exterior sides of the building that are
immediately adjacent to the child-occupied facility or the common areas
routinely used by children under age six.
"Compensation" means payment for services rendered in the
form of money, goods, or services and bartering.
"Emergency renovation operation" means renovation activities,
such as operations necessitated by non-routine failures of equipment, that were
not planned but result from a sudden, unexpected event that, if not immediately
attended to, presents a safety or public health hazard, or threatens equipment
and/or property with significant damage.
"Lessee" means any entity that enters into an agreement to
lease, rent, or sublease target housing, including but not limited to
individuals, partnerships, corporations, trusts, government agencies, housing
agencies, Indian tribes, and nonprofit organizations.
"Minor repair and maintenance activities" are activities,
including minor heating, ventilation or air conditioning work, electrical work,
and plumbing, that disrupt six square feet or less of painted surface per room
for interior activities or 20 square feet or less of painted surface for
exterior activities where none of the work practices prohibited or restricted
by subparagraph (6)(f) of Rule 0400-13-01-.01 are used and where the work does
not involve window replacement or demolition of painted surface areas. When
removing painted components, or portions of painted components, the entire
surface area removed is the amount of painted surface disturbed. Jobs, other
than emergency renovations, performed in the same room within the same 30 days
must be considered the same job for the purpose of determining whether the job
is a minor repair and maintenance activity.
"Multi-family housing" means a housing property consisting of
more than four dwelling units.
"Pamphlet" means the EPA pamphlet developed under 15 U.S.C.
§ 2686(a) for use in complying with this and other rulemakings under TSCA
15 U.S.C. § 2686(b) and the Residential Lead-Based Paint Hazard Reduction
Act, or any state or Tribal pamphlet approved by EPA pursuant to 40 C.F.R.
§ 745.326 that is developed for the same purpose. This includes
reproductions of the pamphlet when copied in full and without revision or
deletion of material from the pamphlet (except for the addition or revision of
state or local sources of information.)
"Renovator" means an individual who either performs or
directs workers who perform renovations. A certified renovator is a renovator
who has successfully completed a renovator course accredited by EPA or an
EPA-authorized state or Tribal program.
"Residential dwelling" means:
(a) A single-family dwelling, including
attached structures such as porches and stoops; or
(b) A single-family dwelling unit in a
structure that contains more than one separate residential dwelling unit, and
in which each such unit is used or occupied, or intended to be used or
occupied, in whole or in part, as the residence of one or more
persons.
(3) Information
Distribution Requirements.
(a) Renovation of
Dwelling Units.
No more than 60 days before beginning renovation activities
in any residential dwelling unit of target housing, the renovator shall:
1. Provide the owner of the unit with the
pamphlet, and comply with one of the following:
(i) Obtain, from the owner, a written
acknowledgment that the owner has received the pamphlet; or
(ii) Obtain a certificate of mailing at least
seven days prior to the renovation.
2. In addition to the requirements in part 1.
of this subparagraph, if the owner does not occupy the dwelling unit, provide
an adult occupant of the unit with the pamphlet, and comply with one of the
following:
(i) Obtain, from the adult
occupant, a written acknowledgment that the occupant has received the pamphlet;
or certify in writing that a pamphlet has been delivered to the dwelling and
that the renovator has been unsuccessful in obtaining a written acknowledgment
from an adult occupant. Such certification must include the address of the unit
undergoing renovation, the date and method of delivery of the pamphlet, names
of the persons delivering the pamphlet, reason for lack of acknowledgment
(e.g., occupant refuses to sign, no adult occupant available), the signature of
the renovator, and the date of signature; or
(ii) Obtain a certificate of mailing at least
seven days prior to the renovation.
(b) Renovations in Common Areas.
No more than 60 days before beginning renovation activities
in common areas of multi-family housing, the renovator shall:
1. Provide the owner with the pamphlet, and
comply with one of the following:
(i) Obtain,
from the owner, a written acknowledgment that the owner has received the
pamphlet; or
(ii) Obtain a
certificate of mailing at least seven days prior to the renovation.
2. Notify in writing, or ensure
written notification of, each unit of the multi-family housing and make the
pamphlet available upon request prior to the start of renovation. Such
notification shall be accomplished by distributing written notice to each
affected unit. The notice shall describe the general nature and locations of
the planned renovation activities; the expected starting and ending dates; and
a statement of how the occupant can obtain the pamphlet, at no charge, from the
renovator.
3. Prepare, sign, and
date a statement describing the steps performed to notify all occupants of the
intended renovation activities and to provide the pamphlet.
4. If the scope, locations, or expected
starting and ending dates of the planned renovation activities change after the
initial notification, the renovator must provide further written notification
to the owners and occupants providing revised information on the ongoing or
planned activities. This subsequent notification must be provided before the
renovator initiates work beyond that described in the original
notice.
(c) Written
Acknowledgment.
Sample language for acknowledgment is provided in paragraph
(6) of this rule. The written acknowledgments required in subparts (a)1.(i),
(a)2.(i), and (b)1.(i) of this paragraph shall:
1. Include a statement recording the owner or
occupant's name and acknowledging receipt of the pamphlet prior to the start of
renovation, the address of the unit undergoing renovation, the signature of the
owner or occupant as applicable, and the date of signature;
2. Be either a separate sheet or part of any
written contract or service agreement for the renovation; and
3. Be written in the same language as the
text of the contract or agreement for the renovation or, in the case of
non-owner-occupied target housing, in the same language as the lease or rental
agreement or the pamphlet.
(4) Recordkeeping Requirements.
(a) Renovators shall retain and, if
requested, make available to the Commissioner all records necessary to
demonstrate compliance with this rule for a period of three years following
completion of the renovation activities in target housing.
(b) Records that must be retained pursuant to
subparagraph (a) of this paragraph include (where applicable):
1. Reports certifying that a determination
had been made by an inspector, certified pursuant to paragraph (5) of Rule
0400-13-01-.01, that lead-based paint is not present in the area affected by
the renovation, as described in paragraph (1) of this rule;
2. Signed and dated acknowledgments of
receipt as described in subparts (3)(a)1.(i), (3)(a)2.(i), (3)(b)1.(i), of this
rule;
3. Certifications of
attempted delivery, as described in subpart (3)(a)2.(i) of this rule;
4. Certificates of mailing as described in
subparts (3)(a)1.(ii), (3)(a)2.(ii), and (3)(b)1.(ii) of this rule;
and
5. Records of notification
activities performed regarding common area renovations, as described in parts
(3)(b)3. and (3)(b)4. of this rule.
(5) Enforcement and Penalties.
Enforcement of these rules and penalties for violations are
set forth in T.C.A. §§ 68-131-404 and 68-131-405.
(6) Acknowledgment and Certification
Statements.
(a) Acknowledgment Statement.
1. As required under part (3)(c)1. of this
rule, acknowledgments shall include a statement of receipt of the pamphlet
prior to the start of renovation, the address of the unit undergoing
renovation, the signature of the owner or occupant as applicable, and the date
of signature.
2. The following is a
sample of language that could be used for such acknowledgments:
I have received a copy of the pamphlet, Protect Your
Family From Lead In Your Home, informing me of the potential risk of
lead hazard exposure from renovation activity to be performed in my dwelling
unit. I received this pamphlet before the work began.
Signature _________________________________
Printed Name ______________________________
Date _____________________________________
Unit Address _______________________________
(b) Certification of
Attempted Delivery.
1. When an occupant is
unavailable for signature or refuses to sign the acknowledgment of receipt of
the pamphlet, the renovator is permitted (per subpart (3)(a)2.(i) of this rule)
to certify delivery for each instance. The certification shall include the
address of the unit undergoing renovation, the date and method of delivery of
the pamphlet, names of the persons delivering the pamphlet, reason for lack of
acknowledgment (e.g., occupant refuses to sign, no adult occupant available),
the signature of the renovator, and the date of signature.
2. The following is a sample of language that
could be used under those circumstances:
(i)
Refusal to Sign.
I certify that I have made a good faith effort to deliver the
pamphlet, Protect Your Family From Lead In Your Home, to the
unit listed below at the dates and times indicated, and that the occupant
refused to sign the acknowledgment. I further certify that I have left a copy
of the pamphlet at the unit with the occupant.
Signature _________________________________
Printed Name ______________________________
Date _____________________________________
Unit Address ______________________________
Attempted delivery dates and times: ____________
(ii) Unavailable for Signature.
I certify that I have made a good faith effort to deliver the
pamphlet, Protect Your Family From Lead In Your Home, to the
unit listed below, and that the occupant was unavailable to sign the
acknowledgment. I further certify that I have left a copy of the pamphlet at
the unit with the occupant.
Signature _________________________________
Printed Name ______________________________
Date _____________________________________
Unit Address ______________________________
Attempted delivery dates and times: ____________
(7) Violations.
(a) It is a violation for a renovator to:
1. Fail or refuse to comply with any
provision of this rule.
2. Fail or
refuse to establish and maintain records required by paragraph (4) of this
rule.
3. Fail to or refuse to make
available to the Commissioner records as required by this rule.
4. Fail to or refuse to permit the
Commissioner access to records as required by this rule.
5. Fail to or refuse to permit the
Commissioner or the Commissioner's authorized representatives entry or
inspection of the business premises of persons and firms engaged in renovation
during business hours upon presenting credentials identifying themselves as
employees of the department.
