[Ord. No. 1310 §1, 5-2-2013]
Housing built before 1978 may contain lead-based paint. Lead
from paint, paint chips, and dust can pose health hazards if not managed
properly. Lead exposure is especially harmful to young children and
pregnant women. Before renting pre-1978 housing, lessors must disclose
the presence of known lead-based paint and/or lead-based paint hazards
in the dwelling. Lessees must also receive a federally approved pamphlet
on lead poisoning prevention.
[Ord. No. 1310 §1, 5-2-2013]
A.
This Chapter contains regulations developed under Sections 402 and
406 of the Toxic Substances Control Act (15 U.S.C. Sections 2682 and
2686) and applies to all renovations performed for compensation in
target housing and child-occupied facilities. The purpose of this
Chapter is to ensure the following:
1.
Owners and occupants of target housing and child-occupied facilities
receive information on lead-based paint hazards before these renovations
begin; and
2.
Individuals performing renovations regulated in accordance with
this Chapter are properly trained; renovators and firms performing
these renovations are certified; and the work practices in this Chapter
are followed during these renovations.
[Ord. No. 1310 §1, 5-2-2013]
A.
Training, Certification And Accreditation Requirements And
Work Practice Standards. The training, certification and accreditation requirements and work practice standards in this Chapter are applicable in any State or Indian Tribal area that does not have a renovation program that is authorized under Section 510.120. The training, certification and accreditation requirements and work practice standards in this Chapter will become effective as follows:
1.
Training Programs. Effective June 23, 2008,
no training program may provide, offer, or claim to provide training
or refresher training for EPA certification as a renovator or a dust
sampling technician without accreditation from EPA. Training programs
may apply for accreditation beginning April 22, 2009.
2.
Firms.
a.
Firms may apply for certification beginning October 22, 2009;
b.
On or after April 22, 2010, no firm may perform, offer, or claim
to perform renovations without certification from EPA under this Chapter
in target housing or child-occupied facilities, unless the renovation
qualifies for one of the exceptions identified herein; or
c.
On or after July 6, 2010, all renovations must be performed
in accordance with the work practice standards and the associated
recordkeeping requirements in target housing or child-occupied facilities.
3.
Individuals. On or after April 22, 2010, all renovations must
be directed by renovators certified in accordance with EPA guidelines
and performed by certified renovators or individuals trained in accordance
with said guidelines in target housing or child-occupied facilities.
B.
Renovation-Specific Pamphlet. Before December 22,
2008, renovators or firms performing renovations in States and Indian
Tribal areas without an authorized program may provide owners and
occupants with either of the following EPA pamphlets: "Protect Your
Family From Lead in Your Home" or "Renovate Right: Important Lead
Hazard Information for Families, Child Care Providers and Schools."
After that date, "Renovate Right: Important Lead Hazard Information
for Families, Child Care Providers and Schools" must be used exclusively.
C.
Pre-Renovation Education Rule. With the exception
of the requirement to use the pamphlet entitled "Renovate Right: Important
Lead Hazard Information for Families, Child Care Providers and Schools,"
the provisions of the Pre-Renovation Education Rule in this Chapter
have been in effect since June 1999.
[Ord. No. 1310 §1, 5-2-2013]
A.
This Chapter applies to all renovations performed for compensation
in target housing and child-occupied facilities, except for the following:
1.
Renovations in target housing or child-occupied facilities in
which a written determination has been made by an inspector or risk
assessor (certified pursuant to either Federal regulations or a State
or Tribal certification program authorized 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% by weight, where the firm
performing the renovation has obtained a copy of the determination.
2.
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 mg/cm2 or 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.
3.
Renovations in target housing or child-occupied facilities in
which a certified renovator has collected a paint chip sample from
each painted component affected by the renovation and a laboratory
recognized by EPA pursuant to Section 405(b) of TSCA as being capable
of performing analyses for lead compounds in paint chip samples has
determined that the samples are free of paint or other surface coatings
that contain lead equal to or in excess of 1.0 mg/cm2 or 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.
B.
The information distribution requirements do not apply to emergency
renovations, which are renovation activities that were not planned
but result from a sudden, unexpected event (such as non-routine failures
of equipment) that, if not immediately attended to, presents a safety
or public health hazard, or threatens equipment and/or property with
significant damage. Interim controls performed in response to an elevated
blood lead level in a resident child are also emergency renovations.
Emergency renovations other than interim controls are also exempt
from the warning sign, containment, waste handling, training, and
certification requirements to the extent necessary to respond to the
emergency. Emergency renovations are not exempt from the cleaning
requirements which must be performed by certified renovators or individuals
trained in accordance with the cleaning verification requirements
which must be performed by certified renovators, and the recordkeeping
requirements.
[Ord. No. 1310 §1, 5-2-2013]
For purposes of this Chapter, the following definitions apply:
A building, or portion of a building, constructed prior to
1978, visited regularly by the same child, under 6 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 3 hours
and the combined weekly visits last at least 6 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 6, such as restrooms
and cafeterias. Common areas that children under age 6 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 6.
A card developed and distributed, or otherwise approved,
by EPA for the purpose of determining, through comparison of wet and
dry disposable cleaning cloths with the card, whether post-renovation
cleaning has been properly completed.
Specific design or structural elements or fixtures of a building
or residential dwelling that are distinguished from each other by
form, function, and location. These include, but are not limited to,
interior components such as: ceilings, crown molding, walls, chair
rails, doors, door trim, floors, fireplaces, radiators and other heating
units, shelves, shelf supports, stair treads, stair risers, stair
stringers, newel posts, railing caps, balustrades, windows and trim
(including sashes, window heads, jambs, sills or stools and troughs),
built-in cabinets, columns, beams, bathroom vanities, counter tops,
and air conditioners; and exterior components such as: Painted roofing,
chimneys, flashing, gutters and downspouts, ceilings, soffits, fascias,
rake boards, corner boards, bulkheads, doors and door trim, fences,
floors, joists, lattice work, railings and railing caps, siding, handrails,
stair risers and treads, stair stringers, columns, balustrades, windowsills
or stools and troughs, casings, sashes and wells, and air conditioners.
A commercially available dry, electrostatically charged,
white disposable cloth designed to be used for cleaning hard surfaces
such as uncarpeted floors or countertops.
A company, partnership, corporation, sole proprietorship
or individual doing business, association, or other business entity;
a Federal, State, Tribal, or local government agency; or a nonprofit
organization.
A vacuum cleaner which has been designed with a high-efficiency
particulate air (HEPA) filter as the last filtration stage. A HEPA
filter is a filter that is capable of capturing particulates of 0.3
microns with 99.97% efficiency. The vacuum cleaner must be designed
so that all the air drawn into the machine is expelled through the
HEPA filter with none of the air leaking past it. HEPA vacuums must
be operated and maintained in accordance with the manufacturer's
instructions.
A set of measures designed to temporarily reduce human exposure
or likely exposure to lead-based paint hazards, including specialized
cleaning, repairs, maintenance, painting, temporary containment, ongoing
monitoring of lead-based paint hazards or potential hazards, and the
establishment and operation of management and resident education programs.
Activities, including minor heating, ventilation or air conditioning
work, electrical work, and plumbing, that disrupt six (6) square feet
or less of painted surface per room for interior activities or twenty
(20) square feet or less of painted surface for exterior activities
where none of the work practices prohibited or restricted by 40 CFR
745.85(a)(3) 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.
A component surface covered in whole or in part with paint
or other surface coatings.
The EPA pamphlet titled "Renovate Right: Important Lead Hazard
Information for Families, Child Care Providers and Schools" developed
under Section 406(a) of TSCA for use in complying with Section 406(b)
of TSCA, or any State or Tribal pamphlet approved by EPA pursuant
to 40 CFR 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). Before December
22, 2008, the term "pamphlet" also means any pamphlet developed by
EPA under Section 406(a) of TSCA or any State or Tribal pamphlet approved
by EPA.
Any natural or judicial person including any individual,
corporation, partnership, or association; any Indian Tribe, State,
or political subdivision thereof; any interstate body; and any department,
agency, or instrumentality of the Government.
A commercially available kit recognized by EPA as being capable
of allowing a user to determine the presence of lead at levels equal
to or in excess of 1.0 milligrams per square centimeter, or more than
0.5% lead by weight, in a paint chip, paint powder, or painted surface.
The modification of any existing structure, or portion thereof,
that results in the disturbance of painted surfaces, unless that activity
is performed as part of an abatement as defined by this part (40 CFR
745.223). The term "renovation" includes (but is not limited to):
the removal, modification or repair of painted surfaces or painted
components [e.g., modification of painted doors, surface restoration,
window repair, surface preparation activity (such as sanding, scraping,
or other such activities that may generate paint dust)]; the removal
of building components (e.g., walls, ceilings, plumbing, windows);
weatherization projects (e.g., cutting holes in painted surfaces to
install blown-in insulation or to gain access to attics, planing thresholds
to install weather-stripping), and interim controls that disturb painted
surfaces. A renovation performed for the purpose of converting a building,
or part of a building, into target housing or a child-occupied facility
is a renovation under this Chapter. The term renovation does not include
minor repair and maintenance activities.
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.
At least 50 minutes of actual learning, including, but not
limited to, time devoted to lecture, learning activities, small group
activities, demonstrations, evaluations, and hands-on experience.
A vertical barrier consisting of plastic sheeting or other
impermeable material over scaffolding or a rigid frame, or an equivalent
system of containing the work area. Vertical containment is required
for some exterior renovations but it may be used on any renovation.
A commercially available, pre-moistened white disposable
cloth designed to be used for cleaning hard surfaces such as uncarpeted
floors or counter tops.
A device with the following characteristics: a long handle,
a mop head designed to be used with disposable absorbent cleaning
pads, a reservoir for cleaning solution, and a built-in mechanism
for distributing or spraying the cleaning solution onto a floor, or
a method of equivalent efficacy.
The area that the certified renovator establishes to contain
the dust and debris generated by a renovation.
[Ord. No. 1310 §1, 5-2-2013]
A.
Renovations In Dwelling Units. No more than 60 days
before beginning renovation activities in any residential dwelling
unit of target housing, the firm performing the renovation must:
2.
In addition to the requirements in Subsection (A)(1) of this Section, 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:
a.
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 firm performing
the renovation 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 a representative of the firm
performing the renovation, and the date of signature.
b.
Obtain a certificate of mailing at least seven (7) days prior
to the renovation.
B.
Renovations In Common Areas. No more than 60 days
before beginning renovation activities in common areas of multi-unit
target housing, the firm performing the renovation must:
2.
Comply With One Of The Following:
a.
Notify in writing, or ensure written notification of, each affected
unit 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 and a copy of the records required
by 40 CFR 745.86(c) and (d), at no cost to the occupants; or
b.
While the renovation is ongoing, post informational signs describing
the general nature and locations of the renovation and the anticipated
completion date. These signs must be posted in areas where they are
likely to be seen by the occupants of all of the affected units. The
signs must be accompanied by a posted copy of the pamphlet or information
on how interested occupants can review a copy of the pamphlet or obtain
a copy from the renovation firm at no cost to occupants. The signs
must also include information on how interested occupants can review
a copy of the records required by 40 CFR 745.86(c) and (d) or obtain
a copy from the renovation firm at no cost to the occupants.
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,
and the firm provided written initial notification to each affected
unit, the firm performing the renovation 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 firm performing the renovation initiates
work beyond that which was described in the original notice.
C.
Renovations In Child-Occupied Facilities. No more
than 60 days before beginning renovation activities in any child-occupied
facility, the firm performing the renovation must:
2.
If the child-occupied facility is not the owner of the building,
provide an adult representative of the child-occupied facility with
the pamphlet, and comply with one of the following:
a.
Obtain, from the adult representative, a written acknowledgment
that the adult representative has received the pamphlet; or certify
in writing that a pamphlet has been delivered to the facility and
that the firm performing the renovation has been unsuccessful in obtaining
a written acknowledgment from an adult representative. Such certification
must include the address of the child-occupied facility 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., representative refuses to sign), the signature of a representative
of the firm performing the renovation, and the date of signature.
b.
Obtain a certificate of mailing at least seven (7) days prior
to the renovation.
3.
Provide the parents and guardians of children using the child-occupied
facility with the pamphlet, information describing the general nature
and locations of the renovation and the anticipated completion date,
and information on how interested parents or guardians of children
frequenting the child-occupied facility can review a copy of the records
required or obtain a copy from the renovation firm at no cost to the
occupants by complying with one of the following:
a.
Mail or hand-deliver the pamphlet and the renovation information
to each parent or guardian of a child using the child-occupied facility.
b.
While the renovation is ongoing, post informational signs describing
the general nature and locations of the renovation and the anticipated
completion date. These signs must be posted in areas where they can
be seen by the parents or guardians of the children frequenting the
child-occupied facility. The signs must be accompanied by a posted
copy of the pamphlet or information on how interested parents or guardians
of children frequenting the child-occupied facility can review a copy
of the pamphlet or obtain a copy from the renovation firm at no cost
to the parents or guardians. The signs must also include information
on how interested parents or guardians of children frequenting the
child-occupied facility can review a copy of the records required
by 40 CFR 745.86(c) and (d) or obtain a copy from the renovation firm
at no cost to the parents or guardians.
4.
The renovation firm must prepare, sign, and date a statement
describing the steps performed to notify all parents and guardians
of the intended renovation activities and to provide the pamphlet.
D.
Written Acknowledgment. The written acknowledgments required by Subsection (A)(1)(a), (A)(2)(a), (B)(1)(a), (C)(1)(a), and (C)(1)(b) of this Section must:
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.
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.
[Ord. No. 1310 §1, 5-2-2013]
A.
Standards For Renovation Activities. Renovations
must be performed by certified firms using certified renovators as
directed. The responsibilities of certified firms are set forth and
the responsibilities of certified renovators are set forth.
1.
Occupant Protection. Firms must post signs
clearly defining the work area and warning occupants and other persons
not involved in renovation activities to remain outside of the work
area. To the extent practicable, these signs must be in the primary
language of the occupants. These signs must be posted before beginning
the renovation and must remain in place and readable until the renovation
and the post-renovation cleaning verification have been completed.
If warning signs have been posted in accordance with 24 CFR 35.1345(b)(2)
or 29 CFR 1926.62(m), additional signs are not required by this Section.
2.
Containing The Work Area. Before beginning
the renovation, the firm must isolate the work area so that no dust
or debris leaves the work area while the renovation is being performed.
In addition, the firm must maintain the integrity of the containment
by ensuring that any plastic or other impermeable materials are not
torn or displaced, and taking any other steps necessary to ensure
that no dust or debris leaves the work area while the renovation is
being performed. The firm must also ensure that containment is installed
in such a manner that it does not interfere with occupant and worker
egress in an emergency.
a.
Interior Renovations. The firm must:
(1)
Remove all objects from the work area, including
furniture, rugs, and window coverings, or cover them with plastic
sheeting or other impermeable material with all seams and edges taped
or otherwise sealed.
(2)
Close and cover all ducts opening in the work area
with taped-down plastic sheeting or other impermeable material.
(3)
Close windows and doors in the work area. Doors
must be covered with plastic sheeting or other impermeable material.
Doors used as an entrance to the work area must be covered with plastic
sheeting or other impermeable material in a manner that allows workers
to pass through while confining dust and debris to the work area.
(4)
Cover the floor surface, including installed carpet,
with taped-down plastic sheeting or other impermeable material in
the work area six (6) feet beyond the perimeter of surfaces undergoing
renovation or a sufficient distance to contain the dust, whichever
is greater. Floor containment measures may stop at the edge of the
vertical barrier when using a vertical containment system consisting
of impermeable barriers that extend from the floor to the ceiling
and are tightly sealed at joints with the floor, ceiling and walls.
(5)
Use precautions to ensure that all personnel, tools,
and other items, including the exteriors of containers of waste, are
free of dust and debris before leaving the work area.
b.
Exterior Renovations. The firm must:
(1)
Close all doors and windows within twenty (20)
feet of the renovation. On multi-story buildings, close all doors
and windows within 20 feet of the renovation on the same floor as
the renovation, and close all doors and windows on all floors below
that are the same horizontal distance from the renovation.
(2)
Ensure that doors within the work area that will
be used while the job is being performed are covered with plastic
sheeting or other impermeable material in a manner that allows workers
to pass through while confining dust and debris to the work area.
(3)
Cover the ground with plastic sheeting or other
disposable impermeable material extending ten (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 ten (10) feet of such ground covering. Ground
containment measures may stop at the edge of the vertical barrier
when using a vertical containment system.
(4)
If the renovation will affect surfaces within ten
(10) feet of the property line, the renovation firm must erect vertical
containment or equivalent extra precautions in containing the work
area to ensure that dust and debris from the renovation does not contaminate
adjacent buildings or migrate to adjacent properties. Vertical containment
or equivalent extra precautions in containing the work area may also
be necessary in other situations in order to prevent contamination
of other buildings, other areas of the property, or adjacent buildings
or properties.
3.
Prohibited And Restricted Practices. The work
practices listed below are prohibited or restricted during a renovation
as follows:
a.
Open-flame burning or torching of painted surfaces is prohibited.
b.
The use of machines designed to remove paint or other surface
coatings through high-speed operation such as sanding, grinding, power
planing, needle gun, abrasive blasting, or sandblasting, is prohibited
on painted surfaces unless such machines have shrouds or containment
systems and are equipped with a HEPA vacuum attachment to collect
dust and debris at the point of generation. Machines must be operated
so that no visible dust or release of air occurs outside the shroud
or containment system.
c.
Operating a heat gun on painted surfaces is permitted only at
temperatures below one thousand one hundred degrees Fahrenheit (1,100º
F.).
4.
Waste From Renovations.
a.
Waste from renovation activities must be contained to prevent
releases of dust and debris before the waste is removed from the work
area for storage or disposal. If a chute is used to remove waste from
the work area, it must be covered.
b.
At the conclusion of each workday and at the conclusion of the
renovation, waste that has been collected from renovation activities
must be stored under containment, in an enclosure, or behind a barrier
that prevents release of dust and debris out of the work area and
prevents access to dust and debris.
c.
When the firm transports waste from renovation activities, the
firm must contain the waste to prevent release of dust and debris.
5.
Cleaning The Work Area. After the renovation
has been completed, the firm must clean the work area until no dust,
debris or residue remains.
a.
Interior And Exterior Renovations. The firm
must:
(1)
Collect all paint chips and debris and, without
dispersing any of it, seal this material in a heavy-duty bag.
(2)
Remove the protective sheeting. Mist the sheeting
before folding it, fold the dirty side inward, and either tape shut
to seal or seal in heavy-duty bags. Sheeting used to isolate contaminated
rooms from non-contaminated rooms must remain in place until after
the cleaning and removal of other sheeting. Dispose of the sheeting
as waste.
b.
Additional cleaning for interior renovations. The firm must
clean all objects and surfaces in the work area and within two (2)
feet of the work area in the following manner, cleaning from higher
to lower:
(1)
Walls. Clean walls starting at
the ceiling and working down to the floor by either vacuuming with
a HEPA vacuum or wiping with a damp cloth.
(2)
Remaining Surfaces. Thoroughly
vacuum all remaining surfaces and objects in the work area, including
furniture and fixtures, with a HEPA vacuum. The HEPA vacuum must be
equipped with a beater bar when vacuuming carpets and rugs.
(3)
Wipe all remaining surfaces and objects in the
work area, except for carpeted or upholstered surfaces, with a damp
cloth. Mop uncarpeted floors thoroughly, using a mopping method that
keeps the wash water separate from the rinse water, such as the two-bucket
mopping method, or using a wet mopping system.
B.
Standards For Post-Renovation Cleaning Verification.
1.
Interiors.
a.
A certified renovator must perform a visual inspection to determine
whether dust, debris or residue is still present. If dust, debris
or residue is present, these conditions must be removed by recleaning
and another visual inspection must be performed.
b.
After a successful visual inspection, a certified renovator
must:
(1)
Verify that each windowsill in the work area has
been adequately cleaned, using the following procedure:
(a)
Wipe the windowsill with a wet disposable cleaning
cloth that is damp to the touch. If the cloth matches or is lighter
than the cleaning verification card, the windowsill has been adequately
cleaned.
(b)
If the cloth does not match and is darker than the cleaning verification card, re-clean the windowsill as directed in Subsection (A)(5)(b)(2) and (A)(5)(b)(3) of this Section, then either use a new cloth or fold the used cloth in such a way that an unused surface is exposed, and wipe the surface again. If the cloth matches or is lighter than the cleaning verification card, that windowsill has been adequately cleaned.
(c)
If the cloth does not match and is darker than
the cleaning verification card, wait for one (1) hour or until the
surface has dried completely, whichever is longer.
(d)
After waiting for the windowsill to dry, wipe the
windowsill with a dry disposable cleaning cloth. After this wipe,
the windowsill has been adequately cleaned.
(2)
Wipe uncarpeted floors and countertops within the
work area with a wet disposable cleaning cloth. Floors must be wiped
using an application device with a long handle and a head to which
the cloth is attached. The cloth must remain damp at all times while
it is being used to wipe the surface for post-renovation cleaning
verification. If the surface within the work area is greater than
40 square feet, the surface within the work area must be divided into
roughly equal sections that are each less than forty (40) square feet.
Wipe each such section separately with a new wet disposable cleaning
cloth. If the cloth used to wipe each section of the surface within
the work area matches the cleaning verification card, the surface
has been adequately cleaned.
(a)
If the cloth used to wipe a particular surface section does not match the cleaning verification card, re-clean that section of the surface as directed in Subsection (A)(5)(B)(2) and (A)(5)(B)(3) of this Section, then use a new wet disposable cleaning cloth to wipe that section again. If the cloth matches the cleaning verification card, that section of the surface has been adequately cleaned.
(b)
If the cloth used to wipe a particular surface
section does not match the cleaning verification card after the surface
has been re-cleaned, wait for one (1) hour or until the entire surface
within the work area has dried completely, whichever is longer.
(c)
After waiting for the entire surface within the
work area to dry, wipe each section of the surface that has not yet
achieved post-renovation cleaning verification with a dry disposable
cleaning cloth. After this wipe, that section of the surface has been
adequately cleaned.
c.
When the work area passes the post-renovation cleaning verification,
remove the warning signs.
2.
Exteriors. A certified renovator must perform
a visual inspection to determine whether dust, debris or residue is
still present on surfaces in and below the work area, including windowsills
and the ground. If dust, debris or residue is present, these conditions
must be eliminated and another visual inspection must be performed.
When the area passes the visual inspection, remove the warning signs.
C.
Optional Dust Clearance Testing. Cleaning verification
need not be performed if the contract between the renovation firm
and the person contracting for the renovation or another Federal,
State, Territorial, Tribal, or local law or regulation requires:
1.
The renovation firm to perform dust clearance sampling at the
conclusion of a renovation covered by this Chapter.
2.
The dust clearance samples are required to be collected by a
certified inspector, risk assessor or dust sampling technician.
3.
The renovation firm is required to re-clean the work area until
the dust clearance sample results are below the clearance standards
or any applicable State, Territorial, Tribal, or local standard.
D.
Activities Conducted After Post-Renovation Cleaning Verification. Activities that do not disturb paint, such as applying paint to
walls that have already been prepared, are not regulated by this Chapter
if they are conducted after post-renovation cleaning verification
has been performed.
[Ord. No. 1310 §1, 5-2-2013]
A.
Firms performing renovations must retain and, if requested, make
available to EPA all records necessary to demonstrate compliance with
this Chapter for a period of three (3) years following completion
of the renovation. This three-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.
B.
Records that must be retained pursuant to Subsection (A) of this Section shall include (where applicable):
1.
Records or reports certifying that a determination had been
made that lead-based paint was not present on the components affected
by the renovation, as described. These records or reports include:
a.
Reports prepared by a certified inspector or certified risk
assessor (certified pursuant to either Federal regulations or an EPA-authorized
State or Tribal certification program).
b.
Records prepared by a certified renovator after using EPA-recognized
test kits, including an identification of the manufacturer and model
of any test kits used, a description of the components that were tested
including their locations, and the result of each test kit used.
c.
Records prepared by a certified renovator after collecting paint
chip samples, including a description of the components that were
tested including their locations, the name and address of the NLLAP-recognized
entity performing the analysis, and the results for each sample.
2.
Signed and dated acknowledgments of receipt as described in Section 510.060(A)(1)(a), (A)(2)(a), (B)(1)(a), (C)(1)(a), and (C)(2)(A).
3.
Certifications of attempted delivery as described in Section 510.060(A)(2)(a) and (C)(1)(b).
4.
Certificates of mailing as described in Section 510.060(A)(1)(b), (A)(2)(b), (B)(1)(b), (C)(1)(a), and (C)(1)(b).
5.
Records of notification activities performed regarding common area renovations, as described in Section 510.060(C)(3) and (C)(4), and renovations in child-occupied facilities, as described in Section 510.060(C)(2).
6.
Documentation of compliance with the requirements, including
documentation that a certified renovator was assigned to the project,
that the certified renovator provided on-the-job training for workers
used on the project, that the certified renovator performed or directed
workers who performed all of the tasks described, and that the certified
renovator performed the post-renovation cleaning verification described.
If the renovation firm was unable to comply with all of the requirements
of this rule due to an emergency as defined in 40 CFR 745.82, 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 certified renovator's training certificate, and
a certification by the certified renovator assigned to the project
that:
a.
Training was provided to workers (topics must be identified
for each worker).
b.
Warning signs were posted at the entrances to the work area.
c.
If test kits were used, that the specified brand of kits was
used at the specified locations and that the results were as specified.
d.
The work area was contained by:
(1)
Removing or covering all objects in the work area
(interiors).
(2)
Closing and covering all HVAC ducts in the work
area (interiors).
(3)
Closing all windows in the work area (interiors)
or closing all windows in and within twenty (20) feet of the work
area (exteriors).
(4)
Closing and sealing all doors in the work area
(interiors) or closing and sealing all doors in and within twenty
(20) feet of the work area (exteriors).
(5)
Covering doors in the work area that were being
used to allow passage but prevent spread of dust.
(6)
Covering the floor surface, including installed
carpet, with taped-down plastic sheeting or other impermeable material
in the work area six (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 ten (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 ten (10) feet
of such ground covering, weighted down by heavy objects (exteriors).
(7)
Installing (if necessary) vertical containment
to prevent migration of dust and debris to adjacent property (exteriors).
e.
If paint chip samples were collected, that the samples were
collected at the specified locations, that the specified NLLAP-recognized
laboratory analyzed the samples, and that the results were as specified.
f.
Waste was contained on-site and while being transported off-site.
h.
The certified renovator performed the post-renovation cleaning
verification (the results of which must be briefly described, including
the number of wet and dry cloths used).
C.
Provision Of Information.
1.
When the final invoice for the renovation is delivered or within
30 days of the completion of the renovation, whichever is earlier,
the renovation firm must provide information pertaining to compliance
with this Chapter to the following persons:
2.
When performing renovations in common areas of multi-unit target
housing, renovation firms must post the information required by this
Chapter or instructions on how interested occupants can obtain a copy
of this information. This information must be posted in areas where
it is likely to be seen by the occupants of all of the affected units.
3.
The information required to be provided by Subsection (C) of this Section may be provided by completing the sample form titled "Sample Renovation Recordkeeping Checklist" or a similar form containing the test kit information required and the training and work practice compliance information required.
D.
If dust clearance sampling is performed in lieu of cleaning verification
as permitted, the renovation firm must provide, when the final invoice
for the renovation is delivered or within 30 days of the completion
of the renovation, whichever is earlier, a copy of the dust sampling
report to:
1.
The owner of the building; and, if different.
2.
An adult occupant of the residential dwelling, if the renovation
took place within a residential dwelling, or an adult representative
of the child-occupied facility, if the renovation took place within
a child-occupied facility.
3.
When performing renovations in common areas of multi-unit target
housing, renovation firms must post these dust sampling reports or
information on how interested occupants of the housing being renovated
can obtain a copy of the report. This information must be posted in
areas where they are likely to be seen by the occupants of all of
the affected units.
[Ord. No. 1310, §1, 5-2-2013]
A.
Failure or refusal to comply with any provision of this Chapter is
a violation of TSCA Section 409 (15 U.S.C. Section 2689) and City
of Buckner Municipal Code.
B.
Failure or refusal to establish and maintain records or to make available
or permit access to or copying of records, as required by this Chapter,
is a violation of TSCA Sections 15 and 409 (15 U.S.C. Sections 2614
and 2689) and City of Buckner Municipal Code.
C.
Failure or refusal to permit entry or inspection as required by 40
CFR 745.87 and TSCA Section 11 (15 U.S.C. Section 2610) is a violation
of Sections 15 and 409 (15 U.S.C. Sections 2614 and 2689) and City
of Buckner Municipal Code.
D.
Violators may be subject to civil and criminal sanctions pursuant
to TSCA Section 16 (15 U.S.C. Section 2615) for each violation to
include a fine not to exceed $500.00 per violation and up to 180 days
in jail per violation.
E.
Lead-based paint is assumed to be present at renovations covered
by this Chapter. EPA may conduct inspections and issue subpoenas pursuant
to the provisions of TSCA Section 11 (15 U.S.C. Section 2610) to ensure
compliance with this Chapter.
[Ord. No. 1310 §1, 5-2-2013]
A.
Effective June 23, 2008, EPA recognizes the test kits that have been determined by National Institute of Standards and Technology research to meet the negative response criteria described in Subsection (C)(1) of this Section. This recognition will last until EPA publicizes its recognition of the first test kit that meets both the negative response and positive response criteria in Subsection (C) of this Section.
B.
No other test kits will be recognized until they are tested through
EPA's Environmental Technology Verification Program or other
equivalent EPA-approved testing program.
1.
Effective September 1, 2008, to initiate the testing process,
a test kit manufacturer must submit a sufficient number of kits, along
with the instructions for using the kits, to EPA. The test kit manufacturer
should first visit the following website for information on where
to apply: http://www.epa.gov/etv/howtoapply.html.
2.
After the kit has been tested through the Environmental Technology
Verification Program or other equivalent approved EPA testing program,
EPA will review the report to determine whether the required criteria
have been met.
3.
Before September 1, 2010, test kits must meet only the negative response criteria in Subsection (C)(1) of this Section. The recognition of kits that meet only this criteria will last until EPA publicizes its recognition of the first test kits that meets both of the criteria in Subsection (C) of this Section.
4.
After September 1, 2010, test kits must meet both of the criteria in Subsection (C) of this Section.
5.
If the report demonstrates that the kit meets the required criteria,
EPA will issue a notice of recognition to the kit manufacturer, provide
them with the report, and post the information on EPA's website.
6.
If the report demonstrates that the kit does not meet the required
criteria, EPA will notify the kit manufacturer and provide them with
the report.
C.
Response Criteria.
1.
Negative Response Criteria. For paint containing
lead at or above the regulated level, 1.0 mg/cm2 or one-half percent (0.5%) by weight, a demonstrated probability
(with ninety-five-percent confidence) of a negative response less
than or equal to five percent (5%) of the time.
2.
Positive Response Criteria. For paint containing
lead below the regulated level, 1.0 mg/cm2 or one-half percent (0.5%) by weight, a demonstrated probability
(with ninety-five-percent confidence) of a positive response less
than or equal to ten percent (10%) of the time.
[Ord. No. 1310 §1, 5-2-2013]
A.
Initial Certification.
1.
Firms that perform renovations for compensation must apply to
EPA for certification to perform renovations or dust sampling. To
apply, a firm must submit to EPA a completed "Application for Firms,"
signed by an authorized agent of the firm, and pay at least the correct
amount of fees. If a firm pays more than the correct amount of fees,
EPA will reimburse the firm for the excess amount.
2.
After EPA receives a firm's application, EPA will take
one of the following actions within 90 days of the date the application
is received:
a.
EPA will approve a firm's application if EPA determines that it is complete and that the environmental compliance history of the firm, its principals, or its key employees does not show an unwillingness or inability to maintain compliance with environmental statutes or regulations. An application is complete if it contains all of the information requested on the form and includes at least the correct amount of fees. When EPA approves a firm's application, EPA will issue the firm a certificate with an expiration date not more than five (5) years from the date the application is approved. EPA certification allows the firm to perform renovations covered by this Section in any State or Indian Tribal area that does not have a renovation program that is authorized under Section 510.120 of this Chapter.
b.
EPA will request a firm to supplement its application if EPA
determines that the application is incomplete. If EPA requests a firm
to supplement its application, the firm must submit the requested
information or pay the additional fees within 30 days of the date
of the request.
c.
EPA will not approve a firm's application if the firm does not supplement its application in accordance with Subsection (A)(2)(b) of this Section or if EPA determines that the environmental compliance history of the firm, its principals, or its key employees demonstrates an unwillingness or inability to maintain compliance with environmental statutes or regulations. EPA will send the firm a letter giving the reason for not approving the application. EPA will not refund the application fees. A firm may reapply for certification at any time by filing a new, complete application that includes the correct amount of fees.
B.
Recertification. To maintain its certification, a firm must be recertified by EPA
every five (5) years.
1.
Timely And Complete Application. To be recertified,
a firm must submit a complete application for recertification. A complete
application for recertification includes a completed "Application
for Firms" which contains all of the information requested by the
form and is signed by an authorized agent of the firm, noting on the
form that it is submitted as a recertification. A complete application
must also include at least the correct amount of fees. If a firm pays
more than the correct amount of fees, EPA will reimburse the firm
for the excess amount.
a.
An application for recertification is timely if it is postmarked
ninety (90) days or more before the date the firm's current certification
expires. If the firm's application is complete and timely, the
firm's current certification will remain in effect until its
expiration date or until EPA has made a final decision to approve
or disapprove the recertification application, whichever is later.
b.
If the firm submits a complete recertification application less
than ninety (90) days before its current certification expires, and
EPA does not approve the application before the expiration date, the
firm's current certification will expire and the firm will not
be able to conduct renovations until EPA approves its recertification
application.
2.
EPA Action On An Application. After EPA receives
a firm's application for recertification, EPA will review the
application and take one of the following actions within ninety (90)
days of receipt:
a.
EPA will approve a firm's application if EPA determines that it is timely and complete and that the environmental compliance history of the firm, its principals, or its key employees does not show an unwillingness or inability to maintain compliance with environmental statutes or regulations. When EPA approves a firm's application for recertification, EPA will issue the firm a new certificate with an expiration date five (5) years from the date that the firm's current certification expires. EPA certification allows the firm to perform renovations or dust sampling covered by this Section in any State or Indian Tribal area that does not have a renovation program that is authorized under Section 510.120 of this Chapter.
b.
EPA will request a firm to supplement its application if EPA
determines that the application is incomplete.
c.
EPA will not approve a firm's application if it is not
received or is not complete as of the date that the firm's current
certification expires, or if EPA determines that the environmental
compliance history of the firm, its principals, or its key employees
demonstrates an unwillingness or inability to maintain compliance
with environmental statutes or regulations. EPA will send the firm
a letter giving the reason for not approving the application. EPA
will not refund the application fees. A firm may reapply for certification
at any time by filing a new application and paying the correct amount
of fees.
C.
Amendment Of Certification. A firm must amend its
certification within 90 days of the date a change occurs to information
included in the firm's most recent application. If the firm fails
to amend its certification within 90 days of the date the change occurs,
the firm may not perform renovations or dust sampling until its certification
is amended.
1.
To amend a certification, a firm must submit a completed "Application
for Firms," signed by an authorized agent of the firm, noting on the
form that it is submitted as an amendment and indicating the information
that has changed. The firm must also pay at least the correct amount
of fees.
2.
If additional information is needed to process the amendment,
or the firm did not pay the correct amount of fees, EPA will request
the firm to submit the necessary information or fees. The firm's
certification is not amended until the firm complies with the request.
3.
Amending a certification does not affect the certification expiration
date.
D.
Firm Responsibilities. Firms performing renovations
must ensure that:
1.
All individuals performing renovation activities on behalf of
the firm are either certified renovators or have been trained by a
certified renovator.
2.
A certified renovator is assigned to each renovation performed
by the firm and discharges all of the certified renovator responsibilities
identified.
3.
All renovations performed by the firm are performed in accordance
with the work practice standards.
4.
The pre-renovation education requirements have been performed.
5.
The recordkeeping requirements are met.
[Ord. No. 1310 §1, 5-2-2013]
A.
Renovator Certification And Dust Sampling Technician Certification.
1.
To become a certified renovator or certified dust sampling technician,
an individual must successfully complete the appropriate course accredited
by EPA or by a State or Tribal program that is authorized under this
Section. The course completion certificate serves as proof of certification.
EPA renovator certification allows the certified individual to perform
renovations covered by this Section in any State or Indian Tribal
area that does not have a renovation program that is authorized under
this Section. EPA dust sampling technician certification allows the
certified individual to perform dust clearance sampling in any State
or Indian Tribal area that does not have a renovation program that
is authorized under this Section.
2.
Individuals who have successfully completed an accredited abatement
worker or supervisor course, or individuals who successfully completed
an EPA, HUD, or EPA/HUD model renovation training course before October
4, 2011 may take an accredited refresher renovator training course
in lieu of the initial renovator training course to become a certified
renovator.
3.
Individuals who have successfully completed an accredited lead-based
paint inspector or risk assessor course before October 4, 2011 may
take an accredited refresher dust sampling technician course in lieu
of the initial training to become a certified dust sampling technician.
Individuals who are currently certified as lead-based paint inspectors
or risk assessors may act as certified dust sampling technicians without
further training.
4.
To maintain renovator certification or dust sampling technician certification, an individual must complete a renovator or dust sampling technician refresher course accredited by EPA under 40 CFR 745.225 or by a State or Tribal program that is authorized under this Section within five (5) years of the date the individual completed the initial course described in Subsection (A)(1) of this Section. If the individual does not complete a refresher course within this time, the individual must re-take the initial course to become certified again. Individuals who complete a renovator course accredited by EPA before April 22, 2010, must complete an EPA-accredited renovator refresher course before July 1, 2015, to maintain renovator certification.
B.
Renovator Responsibilities. Certified renovators
are responsible for ensuring compliance at all renovations to which
they are assigned. A certified renovator:
1.
Must perform all of the tasks described and must either perform
or direct workers who perform all of the tasks described.
2.
Must provide training to workers on the work practices required
that they will be using in performing their assigned tasks.
3.
Must be physically present at the work site when the signs required
are posted, while the work area containment required is being established,
and while the work area cleaning required is performed.
4.
Must regularly direct work being performed by other individuals
to ensure that the work practices required are being followed, including
maintaining the integrity of the containment barriers and ensuring
that dust or debris does not spread beyond the work area.
5.
Must be available, either on-site or by telephone, at all times
that renovations are being conducted.
6.
When requested by the party contracting for renovation services,
must use an acceptable test kit to determine whether components to
be affected by the renovation contain lead-based paint.
7.
Must have with them at the work site copies of their initial
course completion certificate and their most recent refresher course
completion certificate.
8.
Must prepare the records required.
C.
Dust Sampling Technician Responsibilities. When
performing optional dust clearance sampling, a certified dust sampling
technician:
1.
Must collect dust samples in accordance, must send the collected
samples to a laboratory recognized by EPA under TSCA Section 405(b),
and must compare the results to the clearance levels in accordance
with this Chapter.
2.
Must have with them at the work site copies of their initial
course completion certificate and their most recent refresher course
completion certificate.
