LBP Management Act 

OKLAHOMA LEAD-BASED PAINT MANAGEMENT ACT 

§ 2-12-101. Short title 

Sections 1 through 11 of this act shall be known and may be cited as the 

"Oklahoma Lead-based Paint Management Act".

§ 2-12-102. Definitions

For the purposes of the Oklahoma Lead-based Paint Management Act:

1. "Abatement" means any set of measures designed to permanently 

eliminate 

lead-based paint hazards in accordance with standards established by the 

Board. 

The term abatement includes but is not limited to: 

a. the removal of lead-based paint and lead-contaminated dust, the 

permanent 

containment or encapsulation of lead-based paint, the replacement of 

lead-painted surfaces or fixtures, and the removal or covering of 

lead-contaminated soil, and

b. all preparation, cleanup, disposal and postabatement clearance testing 

activities associated with such measures;

2. "Board" means the Environmental Quality Board;

3. "Certified lead-based paint contractor" means any individual who is 

certified 

by the Department as a lead-based paint reduction contractor, inspector 

or 

hazard evaluator or a combination thereof;

4. "Certified lead-based paint specialist" means a lead-based paint 

specialist 

certified by the Department;

5. "Child-occupied facility" means a building or portion of a building 

constructed prior to 1978, which is visited by a child, 6 years of age or 

younger for at least three (3) hours in one day on two (2) or more days 

in the 

same week, when the combined visiting time for that child totals six (6) 

or more 

hours in one week and at least sixty (60) hours in one year. The 

designated 

weekly period for this calculation begins on Sunday and ends on Saturday. 

The 

term "child-occupied facility" may include, but is not limited to, daycare

center, preschools and kindergarten classrooms;

6. "Deleading" means activities conducted by a lead-based paint 

contractor or 

specialist who offers to eliminate lead-based paint or lead-based paint 

hazards 

or to plan such activities;

7. "Department" means the Department of Environmental Quality;

8. "Executive Director" means the Executive Director of the Department of 

Environmental Quality;

9. "Federally assisted housing" means residential dwellings receiving 

project-based assistance pursuant to programs including, but not limited 

to: 

a. Section 221(d)(3) or 236 of the National Housing Act,

b. Section 1 of the Housing and Urban Development Act of 1965,

c. Section 8 of the United States Housing Act of 1937, or

d. Sections 502(a), 504, 514, 515, 516 and 533 of the Housing Act of 

1949;
10. "Federally owned housing" means residential dwellings owned or 

managed by 

the federal agency, or for which a federal agency is a trustee or 

conservator. 

The term federal agency includes the federal Department of Housing and 

Urban 

Development, the Farmers Home Administration, the Resolution Trust 

Corporation, 

the Federal Deposit Insurance Corporation, the General Services 

Administration, 

the Department of Defense, the federal Department of Veterans Affairs, 

the 

Department of the Interior, the federal Department of Transportation, and 

any 

other federal agency;

11. "Hazard evaluation" means an on-site investigation process 

established by 

the rules of the Board to determine and report the existence, nature, 

severity, 

and location of lead-based paint hazards in residential dwellings. For 

purposes 

of this act, the term hazard evaluation shall be synonymous with the term 

risk 

assessment as used in Title X of the Residential Lead-based Paint Hazard 

Reduction Act of 1992, 42 U.S.C. 4851 et seq., Public Law No. 102-550;

12. "Interim controls" means 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;

13. "Lead-based paint" means paint or other surface coatings that contain 

lead 

in excess of 1.0 milligrams per centimeter squared or 0.5 percent by 

weight or: 

a. in the case of paint or other surface coatings in target housing, such 

lower 

level as may be established by the United States Secretary of Housing and 

Urban 

Development, as defined in Section 302(c) of the federal Lead-based Paint 

Poisoning Prevention Act, or

b. in the case of any other paint or surface coatings, such other level 

as may 

be established by the Board;

14. "Lead-based paint activities" means: 

a. in the case of public property and private property, hazard evaluation 

assessment, inspection, deleading and abatement of lead sources or leadbased 

paint, lead-based paint hazards, lead-contaminated dust, or leadcontaminated 

soil, and demolition, and

b. in the case of any public building constructed before 1978, commercial 

building, bridge, or other structure or superstructure, identification of 
lead-based paint and materials containing lead-based paint, deleading, 

removal 

of lead from bridges and demolition;

15. "Lead-based paint contractor" means any individual or firm who 

performs or 

supervises or offers to perform or to supervise lead-based paint 

inspections, 

hazard evaluations, project designs, abatements or reduction;

16. "Lead-based paint reduction contractor" means any individual who 

performs or 

supervises lead-based paint services, including but not limited to hazard 

reduction, abatement, or deleading;

17. "Lead-based paint hazard" means any condition that causes exposure to 

lead 

from lead-contaminated dust, lead-contaminated soil or lead-contaminated 

paint 

that is deteriorated or present in accessible surfaces, friction 

surfaces, or 

impact surfaces that would result in adverse human health effects as 

established 

by the Board;

18. "Lead-based paint hazard evaluator" means an individual certified by 

the 

Department to perform lead-based paint hazard evaluations;

19. "Lead-based paint inspector" means an individual certified by the 

Department 

to perform a surface-by-surface investigation to determine the presence 

of 

lead-based paint and provide a report explaining the results of the 

investigation;

20. "Lead-based paint services" means any lead-based paint hazard 

evaluation, 

detection, reduction, renovation, remodeling, abatement, on-site testing, 

or any 

other lead-based paint activities which may create a lead-based paint 

hazard;

21. "Lead-based paint specialist" means any worker or other person 

directly and 

substantially involved in the performance of lead-based paint services 

and who 

has satisfactorily completed the required level of lead-based paint 

training 

from accredited training providers and programs, or in the case of outof-state 

providers and programs, from Department-recognized and approved providers 

and 

programs. For the purposes of this article, the term lead-based paint 

specialist 

shall be synonymous with the term abatement worker or worker as used in 

Title X 

of the Residential Lead-based Paint Hazards Reduction Act of 1992, 42 

U.S.C., 

Section 4851 et seq., Public Law No. 102-550;

22. "Lead-contaminated dust" means surface dust in residential or 

commercial 

dwellings that contains an area or mass concentration of lead in excess 

of 
levels determined by the Board to pose a threat of adverse human health 

effects;

23. "Lead-contaminated soil" means bare soil on residential or commercial 

real 

property that contains lead at or in excess of the levels determined to 

be 

hazardous to human health by the Board;

24. "Lead-hazard detection" means the identification of lead-based paint 

hazards;

25. "Reduction" or "lead-hazard reduction" means measures designed to 

reduce or 

eliminate human exposure to lead-based paint hazards through methods 

including 

interim controls and abatement;

26. "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 

home 

or residence of one or more persons; and

27. "Target housing" means any housing constructed prior to 1978. In the 

case of 

jurisdictions which banned the sale or use of lead-based paint prior to 

1978, 

the United States Secretary of Housing and Urban Development, at the 

Secretary's 

discretion, may designate an earlier date.

Part 2. Powers and Duties

§ 2-12-201. Rulemaking - Fee schedule

A. The Environmental Quality Board shall promulgate rules governing leadbased 

paint services which will:

1. Enable any lead-based paint contractor, meeting the standards and 

criteria 

established by the Board, including satisfactory completion of required 

training 

in applicable courses offered by Department of Environmental Qualityaccredited 

training providers and programs or an out-of-state provider or program 

recognized and approved by the Department, to become certified by the 

Department;

2. Require that any lead-based paint reduction contractor, inspector or 

hazard 

evaluator or specialist performing or offering to perform lead-based 

paint 

services on target housing and child-occupied facilities is certified 

prior to 

the performance of any such service;

3. Ensure that persons holding themselves out to be certified lead-based 

paint 

contractors or certified lead-based paint specialists have been certified 

as 
such by the Department; and

4. Provide for accreditation of approved training providers and programs 

located 

in this state.

B. Such rules shall:

1. Contain standards for performing lead-based paint activities taking 

into 

account reliability, effectiveness and safety;

2. Contain specific requirements for the accreditation of lead-based 

paint 

training programs and the instructors of such programs including, but not 

limited to: 

a. minimum requirements for the accreditation of training providers,

b. minimum training curriculum requirements,

c. minimum training hour requirements,

d. minimum hands-on training requirements,

e. minimum trainee competency and proficiency requirements, and

f. minimum requirements for training program quality control;

3. Set training requirements for certified lead-based paint contractors 

and 

lead-based paint specialists and require that such training be provided 

by 

Department-accredited training providers and programs, or by out-of-state 

providers and programs recognized and approved by the Department. Such 

requirements shall allow for differences in the training needs of such 

contractors and specialists in lead-based paint services in target 

housing and 

child-occupied facilities and in applicable state and municipal 

regulatory waste 

disposal requirements;

4. Provide that training requirements applicable to lead-based paint 

specialists 

establish minimum acceptable levels of training and periodic refresher 

training 

for each class of specialists;

5. Require that all lead-based paint training programs shall include, but 

not be 

limited to, a hands-on component and instruction on the health effects of 

lead 

exposure, the use of personal protective equipment, workplace hazards and 

safety 

problems, reduction and abatement methods and work practices, 

decontamination 

procedures, cleanup and waste disposal procedures, lead monitoring and 

on-site 

testing methods, and legal rights and responsibilities;

6. Set forth requirements for certification of lead-based paint 

contractors and 

specialists. Such requirements shall include, but are not limited to, 

applications therefor, bonding and education, training, examination and 

experience prerequisites;

7. Establish a system of training for all personnel who render review and 

inspection services for the Department in order to assure uniform 

statewide 

application of rules; and

8. Identify guidelines, based on federal regulations, for the 

determination of 
adverse human health effects posed by lead-based paint hazards.

C. Rules promulgated by the Board shall not apply to railroad bridges 

owned or 

leased by a railroad.

D. 1. The Board shall establish a system of nonrefundable fees to be 

charged for 

certification of lead-based paint contractors and specialists, 

accreditation of 

approved Oklahoma training programs and training providers, recognition 

and 

approval of out-of-state accredited training programs and training 

providers, 

any training or other program related to lead-based paint services 

conducted by 

the Department, and for services rendered by the Department in connection 

with 

such certification, accreditation, recognition and approval, and 

programs.

2. The Board shall base its schedule of fees upon the costs of services 

provided.

3. The state and political subdivisions thereof, shall be exempt from any 

certification fees required by rules of the Board if an affidavit is 

filed with 

the Department stating that the applicant is employed by the state or 

political 

subdivision thereof and shall only be performing lead-based paint 

services for 

the state or political subdivision employer. Any such employee who 

performs or 

offers to perform lead-based paint services as a certified lead-based 

paint 

contractor or specialist for persons other than his or her state or 

political 

subdivision employer shall be subject to certification fees upon such 

performance or offer.

E. Any rules promulgated by the Board shall be consistent with federal 

laws and 

regulations relating to lead-based paint services specified by the 

Residential 

Lead-based Paint Hazard Reduction Act of 1992, 42 U.S.C. 4851 et seq., 

Public 

Law No. 102-550, to ensure consistency in regulatory action. Such rules 

shall 

not be more restrictive than corresponding federal regulations unless 

such 

stringency is specifically authorized by this article. The Board shall 

have the 

right to revise its rules and procedures from time to time to assure that 

lead-based paint projects continue to be eligible for federal funding by 

meeting 

the state certification program standards and other requirements that may 

from 

time to time be promulgated by federal agencies that have jurisdiction 

over 

lead-based paint hazards.

§ 2-12-202. Department of Environmental Quality - Powers and duties
A. The Department of Environmental Quality is hereby designated as the 

official 

agency of this state for purposes of cooperating with, and implementing 

the 

state lead-based paint reduction and regulation program under the 

jurisdiction 

of, the federal Environmental Protection Agency.

B. In addition to authority under the Oklahoma Environmental Quality 

Code, the 

Department shall have the power and duty to:

1. Issue, renew, reactivate and renew, reinstate, modify, suspend, 

revoke, or 

refuse to issue, renew, reactivate and renew, reinstate, or modify 

certification 

pursuant to the provisions of the Oklahoma Lead-based Paint Management 

Act;

2. Cooperate with others in facilitating the development of educational 

and 

training programs, examinations, and community outreach materials, and 

cooperate 

with those who conduct educational and training programs or prepare 

materials 

related to lead-based paint activities and associated subjects;

3. Conduct, and determine the criteria for the successful completion of, 

certification examinations and provide for the confidentiality of 

examinations 

and individual scores;

4. Issue, renew, reinstate, modify, suspend, revoke, or refuse to issue, 

renew, 

reinstate, or modify accreditation to lead-based paint training programs 

and the 

providers of such programs, and recognize and approve out-of-state 

training 

programs and providers;

5. Enforce the provisions of this article, rules promulgated thereunder, 

and 

orders, accreditations and certifications issued pursuant thereto;

6. Collect and analyze samples to determine the presence and condition of 

lead-based paint as necessary for the enforcement of this article;

7. Convene and coordinate an interagency task force which shall meet on a 

regular basis to exchange information regarding lead poisoning prevention 

and 

lead-hazard control matters;

8. Establish liaison with other states having a state certification 

program to 

assure consistency of program requirements, in order to facilitate 

reciprocity 

of certification and accreditation among the several states;

9. Make and enter into all contracts and agreements necessary or 

incidental to 

the performance of the Department's duties and the execution of its 

powers 

pursuant to the Oklahoma Lead-based Paint Management Act including, but 

not 

limited to, contracts with the United States, other states, agencies and 

political subdivisions of this state;

10. Accept grants from the United States government, its agencies and 
instrumentalities, and any other source. To these ends, the Department 

shall 

have the power to comply with such conditions and execute such agreements 

as may 

be necessary and desirable; and

11. Otherwise exercise all incidental powers as necessary and proper to 

implement and enforce the provisions of the Oklahoma Lead-based Paint 

Management 

Act and the rules of the Board promulgated thereto.

Part 3. Accreditation and Certification

§ 2-12-301. Certification - Waiver - Renewal 

A. An applicant who has paid the required nonrefundable certification 

fees and 

has complied with the requirements of this article and rules promulgated 

thereunder, including, but not limited to, education, training, 

experience and 

examination prerequisites, shall be certified by the Department of 

Environmental 

Quality.

B. The Department may waive some or all of its testing, training, 

experience, or 

examination requirements for certification if the applicant presents a 

currently 

valid certificate or license issued to him by another state or certifying 

agency 

or institution or national nonprofit organization for lead-based paint 

services, 

if the Department finds that the certification requirements of the issuer 

in 

effect at the time of issuance are equivalent to its certification 

requirements; 

provided, however, that no certification shall be issued under this 

subsection 

unless the holder of the certificate would be issued a similar 

certificate or 

license by such other state, certifying agency, or organization under 

substantially the same conditions. 

C. Any certificate issued under this section shall be renewed by the 

April 1 

occurring not more than one year after the date of the most recent date 

of 

issuance, renewal, reactivation or reinstatement. Thereafter, the 

certificate 

may be renewed for a one-year period beginning April 1 and ending March 

31 of 

the following year.

D. A certificate shall be renewed upon approval of the Department. 

Application 

for such renewal shall be submitted to the Department on forms prescribed 

by the 

Department, shall be accompanied by a nonrefundable renewal fee as set by 

the 

Board and shall include documentation that the applicant has met the 

annual 

renewal requirements of the Department. The Department shall allow a 

thirty-day 

grace period for such renewals without payment of late fees, provided the 
applicant submits the required renewal fee and qualifies for such 

renewal.

E. A certificate which is not so renewed shall expire on April 30 after 

the 

thirty-day grace period, and shall have no further validity unless the 

Department, upon receipt of an application from the holder of the expired 

certificate within one (1) year after the certificate's March 31 renewal 

date, 

reactivates and renews such certificate. Such reactivation and renewal 

application shall include the submission of data on forms prescribed by 

the 

Department, nonrefundable renewal and reactivation late fees as set by 

the 

Environmental Quality Board, and documentation that the applicant has met 

the 

Department's renewal requirements. A reactivated certificate may be 

renewed 

annually thereafter as provided in this section.

F. The holder of an expired and unreactivated certificate shall not be 

issued 

any new certificate unless the certificate holder applies and qualifies 

therefor 

pursuant to this article and rules promulgated thereunder.

G. Any certificate issued pursuant to the Oklahoma Lead-based Paint 

Management 

Act may contain such conditions or restrictions as the Department shall 

deem 

necessary or appropriate.

H. A certificate shall not be issued pursuant to the provisions of this 

article 

to any entity other than an individual or firm.

§ 2-12-302. Contractors on public projects required to be certified -

Advertisements by contractors - Use of accredited or certified labs -

Official 

certification list - Health and safety information.

A. No lead-based paint contractor shall perform or offer to perform leadbased 

paint services upon any target housing or child-occupied facilities 

unless such 

person is certified by the Department prior to performing or offering to 

perform 

such services.

B. No individual shall advertise or otherwise present himself as a 

certified 

lead-based paint contractor or specialist, for purposes of offering to 

perform 

or performing lead-based paint services unless certified by the 

Department 

pursuant to this article and rules promulgated thereunder.

C. Certified lead-based paint contractors and specialists shall use only 

environmental sampling laboratories that are part of an effective 

voluntary 

accreditation program as determined by the federal Environmental 

Protection 

Agency or which are federally certified to analyze for lead in paint 

films, soil 

and dust.
D. The Department shall maintain an official listing of the names and 

addresses 

of all certified lead-based paint contractors and specialists and make 

such list 

available to any person requesting it upon payment of a copying fee 

established 

by the Environmental Quality Board.

E. The State Department of Labor shall provide health and safety 

information on 

lead abatement to all lead-based paint contractors and specialists 

certified 

pursuant to the terms of this article.

§ 2-12-303. Training programs and providers

A. No person, agency, institution or organization shall advertise or 

otherwise 

present itself as an accredited lead-based paint training program unless 

accredited by the Department pursuant to this article and rules 

promulgated 

thereunder.

B. No individual shall advertise or otherwise present himself as an 

accredited 

lead-based paint training provider or instructor unless accredited for 

such 

purposes by the Department pursuant to this article and rules promulgated 

thereunder.

C. Any accreditation issued pursuant to this article may contain 

conditions as 

the Department shall deem necessary or appropriate.

D. Any program or training provider accreditation issued pursuant to this 

article and rules promulgated thereunder shall be renewable annually for 

the 

period September 1 through August 31 pursuant to rules promulgated by the 

Board.

E. 1. Upon application by an out-of-state training program or training 

provider, 

the Department may recognize and approve in part or in whole the current 

accreditation of the applicant if the Department finds that the state's 

accreditation requirements in effect at the time of accreditation are 

equivalent 

to the requirements of the Department; provided, however, that no such 

accreditation will be recognized and approved by the Department unless 

the 

applicant program or provider would be accredited by such other state 

under 

substantially the same conditions.

2. Recognition and approval of an out-of-state training program or 

training 

provider may be granted with such conditions as the Department shall deem 

necessary or appropriate.

§ 2-12-304. Issuance and renewal

A. 1. The Department shall have power to refuse to issue or renew, in 

part or in 

whole, a certificate or accreditation or, after notice and opportunity 

for an 

individual proceeding as provided in Article II of the Administrative 

Procedures 

Act and the Oklahoma Environmental Quality Code, and rules promulgated 
thereunder, revoke or suspend in part or in whole any certificate or 

accreditation for good cause including, but not limited to: 

a. gross inefficiency or incompetence,

b. violation of any provisions of this article, rules promulgated 

thereunder or 

the terms or conditions of any certification, accreditation or order 

issued 

pursuant thereto, or

c. fraud or misrepresentation in obtaining a certificate or 

accreditation.

2. After the expiration of one (1) year after the Department's denial of 

an 

application for a new or renewed certification or accreditation, or for a 

reactivated and renewed certificate, or the Department's revocation of a 

certification or accreditation, the holder of such certificate or 

accreditation 

may make application to the Department for new certification or 

accreditation. 

After the expiration of one (1) year after the Department's suspension of 

a 

certification or accreditation, the holder may make application to the 

Department for reinstatement or new certification or accreditation. Such 

new 

issuance or reinstatement shall rest in the sound discretion of the 

Department.

B. The Department may withdraw in part or in whole its recognition and 

approval 

of any out-of-state training program or training provider at any time the 

program or provider does not qualify therefor pursuant to this article 

and rules 

of the Board.

Part 4. Lead-based Paint Information

§ 2-12-401. Education and public information program - Publication of 

informational pamphlet

A. Consistent with the terms of federal funding agreements and the 

receipt of 

such funds by the Department for such information programs, the Executive 

Director shall institute an education and public information program, in 

order 

to inform the general public, and particularly parents of children 

residing in 

areas of significant exposure to sources of lead-based paint hazards, 

teachers, 

social workers and other human services personnel; owners of residential 

property, particularly property constructed previous to 1945; and health 

services personnel at major hospitals, of the dangers, frequency, and 

sources of 

lead-based paint hazards, and the methods of preventing such hazards.

B. Consistent with the terms of federal funding agreements and the 

receipt of 

such funds by the Department for such an information program, the 

Department, 

after notice and opportunity for comment, shall publish, and from time to 

time 

revise, a lead-based paint hazard information pamphlet to be used in 

connection 

with the Oklahoma Lead-based Paint Management Act and Section 1018 of the 
federal Residential Lead-based Paint Hazard Reduction Act of 1992. The 

pamphlet 

shall:

1. Contain information regarding the health risks associated with 

exposure to 

lead;

2. Provide information on the presence of lead-based paint hazards in 

federally 

assisted, federally owned, and target housing;

3. Describe the risk of lead exposure for children under six (6) years of 

age, 

pregnant women, women of childbearing age, persons with respiratory 

disease or 

disabilities, persons involved in home renovation, and others residing in 

a 

dwelling with lead-based paint hazards;

4. Describe the risks of renovation in a dwelling with lead-based paint 

hazards;

5. Provide information on approved methods for evaluating and reducing 

lead-based paint hazards and their effectiveness in identifying, 

reducing, 

eliminating, or preventing exposure to lead-based paint hazards;

6. Advise persons how to obtain a list of certified contractors;

7. State that a hazard evaluation or on-site inspection for lead-based 

paint is 

recommended prior to the purchase, lease, or renovation of target 

housing;

8. State that certain state and local laws may impose additional 

requirements 

related to lead-based paint in housing and provide a listing of federal, 

state, 

and local agencies in each state, including address and telephone number, 

that 

can provide information about applicable laws and available governmental 

and 

private assistance and financing; and

9. Provide such other information about environmental hazards associated 

with 

residential real property as the Department deems appropriate.

§ 2-12-402. Renovation, demolition and remodeling - Guidelines

In order to reduce the risk of exposure to lead in connection with 

renovation, 

demolition and remodeling of target housing, and child-occupied 

facilities, the 

Environmental Quality Board shall, consistent with the terms of federal 

funding 

agreements and the receipt of such funds by the Department of 

Environmental 

Quality for such development and dissemination, promulgate guidelines for 

the 

conduct of such renovation, demolition and remodeling activities which 

may 

create a risk of exposure to dangerous levels of lead. The Department 

shall 

disseminate such guidelines to persons engaged in such renovation, 

demolition 
and remodeling through hardware and paint stores, employee organizations, 

trade 

groups, state and local agencies, and through other appropriate means.

Part 5. Miscellaneous

§ 2-12-501. Federal employment contingent upon federal funds

Any full-time-equivalent employees employed by the Department pursuant to 

this 

article to be compensated with federal funds shall have their employment 

contingent upon the procurement of federal funds and shall be terminated 

when 

federal support of those positions is discontinued. All activities

performed by 

these employees shall be discontinued upon their termination due to the 

lack of 

such federal funds.