R307. Environmental Quality, Air Quality.

R307-841. Residential Property and Child-Occupied Facility

Renovation. R307-841-1. Purpose. This rule contains regulations developed under Sec tions 402 and 406 of the Toxic Substances Control Act (15 U.S.C. 2682 and 2686) and applies to all renovations performed for compen sation in target housing and child-occupied facilities. The purpose of this rule is to ensure the following: (1) Owners and occupants of target housing and ch ild-occupied facilities receive information on lead-based paint hazards before these renovations begin; and (2) Individuals performing renovations regulated in accordance with R307-841-3 are properly trained; renovators an d firms performing these renovations are certified; and the work pract ices in R307-841-5 are followed during these renovations.

R307-841-2. Effective Dates. (1) Training, certification and accreditation req uirements, and work practice standards. The training, certifi cation and accreditation requirements and work practice standa rds in this rule are applicable as follows: (a) Training programs. Effective April 8, 2010, no training program may provide, offer, or claim to provide tra ining or refresher training for executive secretary certification as arenovator or a dust sampling technician without accreditation from the executive secretary under R307-842-1. Training programs may apply for accreditation under R307-842-1; (b) Firms. (i) Firms may apply for certification under R307- 841-7 beginning April 8, 2010. (ii) On or after April 8, 2010, no firm may perfo rm, offer, or claim to perform renovations without certificati on from the executive secretary under R307-841-7 in target hous ing or child-occupied facilities, unless the renovation qu alifies as one of the exceptions identified in R307-841-3(1). (c) Individuals. On or after April 8, 2010, all renovations must be directed by renovators certified in accorda nce with R307-841-8(1) and performed by certified renovators or individuals trained in accordance with R307-841-8(2)(b) in targ et housing or child-occupied facilities, unless the renovation qu alifies for one of the exceptions identified in R307-841-3(1). (d) Work practices. (i) On or after April 8, 2010 and before July 5, 2012, all renovations must be performed in accordance with th e work practice

standards in R307-841-5 and the associated recordke eping requirements in R307-841-6(2)(a) and (2)(f) in target housing or child-occupied facilities, unless the renovation qualifies for the exceptions identified in R307-841-3(1). This does not apply t o renovations in target housing for which the firm performing the re novation has obtained a statement signed by the owner that the r enovation will occur in the owner's residence, no child under age six resides there, the housing is not a child-occupied facility, and t he owneracknowledges that the work practices to be used dur ing the renovation

will not necessarily include all of the lead-safe w ork practices contained in EPA's renovation, repair, and paintingrule. For the purposes of this section, a child resides in the pr imary residence of his or her custodial parents, legal guardians, a nd foster parents. A child also resides in the primary residence of a n informal caretaker if the child lives and sleeps most of the time at t he caretaker's

residence. (ii) On or after July 5, 2012, all renovations mu st be performed in accordance with the work practice standards in R 307-841-5 and the associated recordkeeping requirements in R307-841-6 (2)(a) and (2)(f) in target housing or child-occupied facilities, unl ess the renovation qualifies for the exception identified in R307-841- 3(1). (2) Renovation-specific pamphlet. Renovators or firms performing renovations must provide owners and occu pants with "Renovate Right: Important Lead Hazard Information for Families, Child

Care Providers and Schools."

R307-841-3. Applicability. (1) This rule applies to all renovations performe d for compensation in target housing and child-occupied f acilities, except for the following: (a) Renovations in target housing or child-occupi ed facilities in which a written determination has been made by a n inspector or risk assessor, certified pursuant to R307-842-2, th at the components affected by the renovation are free of paint or oth er surface coatings that contain lead equal to or in excess of 1.0 mill igrams/per square centimeter (mg/cm 2 ) or 0.5% by weight, where the firm performing the renovation has obtained a copy of the determination ; or (b) Renovations in target housing or child-occupi ed facilities in which a certified renovator, using an EPA-recogn ized test kit as defined in R307-840-2 and following the kit manufac turer's instructions, has tested each component affected bythe renovation and determined that the components are free of pain t or other surface coatings that contain lead equal to or in excess of 1.0 mg/cm 2or 0.5% by weight. If the components make up an integratedwhole, such as the individual stair treads and risers of a single staircase, the renovator is required to test only one of the indiv idual components, unless the individual components appear to have bee n repainted or refinished separately. (c) Renovations in target housing or child-occupi ed facilities in which a certified renovator has collected a pain t chip sample from each painted component affected by the renovation a nd a laboratory recognized by EPA pursuant to section 405(b) of TSC A as being capable of performing analyses for lead compounds in paint chip samples has determined that the samples are free of paint or ot her surface coatings that contain lead equal to or in excess of 1.0 mg/c m 2or 0.5% by weight. If the components make up an integrated whole, suc h as the individual stair treads and risers of a single staircase, the renovator is required to test only one of the individual compone nts, unless the individual components appear to have been repaintedor refinished separately. (2) The information distribution requirements in R307-841-4do not apply to emergency renovations, which are re novation activities

that were not planned but result from a sudden, une xpected event (such as non-routine failures of equipment) that, if not immediately attended to, presents a safety or public health haz ard, or threatens equipment and/or property with significant damage. Interim controls performed in response to an elevated blood lead lev el in a resident child are also emergency renovations. Emergency re novations other than interim controls are also exempt from the warn ing sign, containment, waste handling, training, and certific ation requirements in R307-841-5, R307-841-7, and R307-841-8 to the ex tent necessary to respond to the emergency. Emergency renovations are not exempt from the cleaning requirements of R307-841-5(1)(e) which must be performed by certified renovators or individuals tr ained in accordance with R307-841-8(2)(b), the cleaning verification re quirements of R307-841-5(2), which must be performed by certifiedrenovators, and the recordkeeping requirements of R307-841-6(2)(e) and (f).

R307-841-4. Information Distribution Requirements. (1) 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: (a) Provide the owner of the unit with the pamphl et, and comply with one of the following: (i) Obtain, from the owner, a written acknowledgm ent that the owner has received the pamphlet; or (ii) Obtain a certificate of mailing at least 7 d ays prior to the renovation; and (b) If the owner does not occupy the dwelling uni t, provide an adult occupant of the unit with the pamphlet, an d comply with one of the following: (i) Obtain, from the adult occupant, a written ac knowledgment that the occupant has received the pamphlet, or cer tify 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 certif ication must include the address of the unit undergoing renovati on, the date and method of delivery of the pamphlet, names of the pe rsons 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 renovatio n, and the date of signature; or (ii) Obtain a certificate of mailing at least 7 d ays prior to

the renovation. (2) 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: (a) Provide the owner with the pamphlet, and comp ly with one of the following: (i) Obtain, from the owner, a written acknowledgm ent that the owner has received the pamphlet; or (ii) Obtain a certificate of mailing at least 7 d ays prior to the renovation; (b) Comply with one of the following:(i) Notify in writing, or ensure written notifica tion of, each

affected unit and make the pamphlet available upon request prior to

the start of renovation. Such notification shall b e accomplished by distributing written notice to each affected uni t. The notice shall describe the general nature and locations of the planned renovation activities, the expected starting and en ding dates, and a statement of how the occupant can obtain the pamp hlet and a copy of the records required by R307-841-6(3) and (4) at no cost to the
occupants; or (ii) While the renovation is ongoing, post inform ational 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 o f all of the affected units. The signs must be accompanied by a posted c opy of the pamphlet or information on how interested occupants can revi ew a copy of the pamphlet or obtain a copy from the renovation firm at no cost to occupants. The signs must also include informationon how interested occupants can review a copy of the records requiredby R307-841-6(3) and (4) or obtain a copy from the renovation firm a t no cost to the
occupants; (c) Prepare, sign, and date a statement describin g the steps performed to notify all occupants of the intended r enovation activities and to provide the pamphlet; and (d) If the scope, locations, or expected startingand ending dates of the planned renovation activities change a fter the initial notification, and the firm provided written initial notification to each affected unit, the firm performing the renovat ion must provide

further written notification to the owners and occu pants providing revised information on the ongoing or planned activ ities. This subsequent notification must be provided before the firm performing the renovation initiates work beyond that which was described in the original notice. (3) Renovations in child-occupied facilities. No more than 60 days before beginning renovation activities in a ny child-occupied facility, the firm performing the renovation must: (a)(i) Provide the owner of the building with the pamphlet, and comply with one of the following: (A) Obtain, from the owner, a written acknowledgm ent that the owner has received the pamphlet; or (B) Obtain a certificate of mailing at least 7 da ys prior to the renovation; (ii) If the adult representative of the child-occ upied facility is not the owner of the building, provide an adult representative of the child-occupied facility with the pamphlet, a nd comply with one of the following: (A) Obtain, from the adult representative, a writ ten acknowledgment that the adult representative has re ceived the pamphlet, or certify in writing that a pamphlet has been delivered to the facility and that the firm performing the re novation has been unsuccessful in obtaining a written acknowledgment from an adult representative. Such certification must include th e address of the child-occupied facility undergoing renovation, the date and method of delivery of the pamphlet, names of the persons d elivering thepamphlet, 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 signatur e; or (B) Obtain a certificate of mailing at least 7 da ys prior to the renovation; (b) Provide the parents and guardians of childrenusing the child-occupied facility with the pamphlet and infor mation describing the general nature and locations of the renovation and the anticipated completion date and information on how interested p arents or guardians of children frequenting the child-occupied facilitycan review a copy of the records required by R307-841-6(3) and (4) or obtain a copy from the renovation firm at no cost to the parents or guardians by complying with one of the following: (i) Mail or hand-deliver the pamphlet and the ren ovation information to each parent or guardian of a child u sing the child-occupied facility; or (ii) While the renovation is ongoing, post inform ational 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 inf ormation on how interested parents or guardians of children frequen ting the child-occupied facility can review a copy of the pa mphlet or obtain a copy from the renovation firm at no cost to the p arents or guardians. The signs must also include information on how int erested parents or guardians of children frequenting the child-occu pied facility can review a copy of the records required by R307-841-6 (3) and (4) or obtain a copy from the renovation firm at no cost t o the parents or guardians. (c) The renovation firm must prepare, sign, and d ate a statement describing the steps performed to notify all parent s and guardians of the intended renovation activities and to provid e the pamphlet. (4) Written acknowledgment. The written acknowle dgments required by paragraphs (1)(a)(i), (1)(b)(i), (2)(a) (i), (3)(a)(i)(A), and (3)(a)(ii)(A) of this section must: (a) Include a statement recording the owner or oc cupant's name and acknowledging receipt of the pamphlet prior to the start of renovation, the address of the unit undergoing reno vation, the signature of the owner or occupant as applicable, a nd the date of signature; (b) Be either a separate sheet or part of any wri tten contract or service agreement for the renovation; and (c) Be written in the same language as the text o f the contract or agreement for the renovation or, in the case of non-owner occupied target housing, in the same language as the lease o r rental agreement or the pamphlet.

R307-841-5. Work Practice Standards. (1) Standards for renovation activities. Renovat ions must be performed by firms certified under R307-841-7 usingrenovators certified under R307-841-8. The responsibilities o f certified firms are set forth in R307-841-7(4) and the responsibili ties of certifiedrenovators are set forth in R307-841-8(2).

(a) Occupant protection. Firms must post signs c learly defining the work area and warning occupants and other perso ns not involved

in renovation activities to remain outside of the w ork area. To the extent practicable, these signs must be in the prim ary language of the occupants. These signs must be posted before b eginning the renovation, must remain in place, and must be reada ble until the renovation and the post-renovation cleaning verific ation have been completed. If warning signs have been posted in ac cordance with 24 CFR 35.1345(b)(2) or 29 CFR 1926.62(m), additional signs are not required by this section. (b) Containing the work area. Before beginning t he renovation,

the firm must isolate the work area so that no dust or debris leaves the work area while the renovation is being perform ed. In addition, the firm must maintain the integrity of the contain ment 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 renov ation is being performed. The firm must also ensure that containm ent is installed

in such a manner that it does not interfere with oc cupant and worker egress in an emergency. (i) Interior renovations. The firm must: (A) Remove all objects from the work area, includ ing furniture, rugs, and window coverings, or cover them with plas tic sheeting or other impermeable material with all seams and edges taped or otherwise
sealed; (B) Close and cover all duct openings in the work area with taped-down plastic sheeting or other impermeable ma terial; (C) Close windows and doors in the work area. Do ors must be covered with plastic sheeting or other impermeable material. Doors

used as an entrance to the work area must be covere d 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; (D) Cover the floor surface, including installed carpet, with taped-down plastic sheeting or other impermeable ma terial in the work area 6 feet beyond the perimeter of surfaces underg oing renovation or a sufficient distance to contain the dust, which ever is greater. Floor containment measures may stop at the edge of the vertical barrier when using a vertical containment system consistingof impermeable barriers that extend from the floor to the ceiling and are tightly sealed at joints with the floor, ceiling, and walls ; and (E) Use precautions to ensure that all personnel, tools, and other items, including the exterior of containers o f waste, are free of dust and debris before leaving the work area. (ii) Exterior renovations. The firm must: (A) Close all doors and windows within 20 feet of the renovation. On multi-story buildings, close all doors and windo ws within 20 feet

of the renovation on the same floor as the renovati on, and close all

doors and windows on all floors below that are the same horizontal distance from the renovation; (B) Ensure that doors within the work area that w ill be used while the job is being performed are covered with p lastic sheeting or other impermeable material in a manner that allo ws workers to passthrough while confining dust and debris to the work area;

(C) Cover the ground with plastic sheeting or oth er disposable impermeable material extending 10 feet beyond the p erimeter of surfaces undergoing renovation or a sufficient dist ance to collect falling paint debris, whichever is greater, unless the property line prevents 10 feet of such ground covering. Ground c ontainment measures may stop at the edge of the vertical barrier when u sing a vertical containment system; and (D) If the renovation will affect surfaces within10 feet of the property line, the renovation firm must erect v ertical containment or equivalent extra precautions in containing the w ork area to ensure

that dust and debris from the renovation does not c ontaminate adjacent buildings or migrate to adjacent properties. Verti cal containment or equivalent extra precautions in containing the w ork area may also be necessary in other situations in order to preven t contamination of other buildings, other areas of the property, or adjacent buildings or properties. (c) Prohibited and restricted practices. The wor k practices listed below are prohibited or restricted during a renovation as

follows: (i) Open-flame burning or torching of painted sur faces is prohibited; (ii) The use of machines designed to remove paint or other surface coatings through high speed operation such as sandi ng, grinding, power planning, needle gun, abrasive blasting, or sandbla sting, is prohibited on painted surfaces unless such machines have shrouds or containment systems and are equipped with a HEPA va cuum attachment to collect dust and debris at the point of generati on. Machines must be operated so that no visible dust or release of a ir occurs outside the shroud or containment system; and (iii) Operating a heat gun on painted surfaces is permitted only at temperatures below 1,100 degrees Fahrenheit

. (d) Waste from renovations. (i) Waste from renovation activities must be cont ained to prevent

releases of dust and debris before the waste is rem oved from the work area for storage or disposal. If a chute is used t o remove waste from the work area, it must be covered. (ii) At the conclusion of each work day and at th e conclusion of the renovation, waste that has been collected fr om 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. (iii) When the firm transports waste from renovat ion activities, the firm must contain the waste to prevent release of dust and debris. (e) Cleaning the work area. After the renovationhas been completed, the firm must clean the work area until no dust, debris,

or residue remains. (i) Interior and exterior renovations. The firm must: (A) Collect all paint chips and debris and, witho ut dispersing any of it, seal this material in a heavy-duty bag; and (B) Remove the protective sheeting. Mist the she eting before folding it, fold the dirty side inward, and either tape shut to seal or seal in heavy-duty bags. Sheeting used to isola te contaminatedrooms from non-contaminated rooms must remain in pl ace until after

the cleaning and removal of other sheeting. Dispos e of the sheeting

as waste. (ii) Additional cleaning for interior renovations . The firm must clean all objects and surfaces in the work are a and within 2 feet of the work area in the following manner, clea ning from higher

to lower: (A) Walls. Clean walls starting at the ceiling a nd working down to the floor by either vacuuming with a HEPA v acuum or wiping with a damp cloth; (B) Remaining surfaces. Thoroughly vacuum all re maining surfaces and objects in the work area, including fu rniture and fixtures, with a HEPA vacuum. The HEPA vacuum must be equipped with a beater bar when vacuuming carpets and rugs; and (C) Wipe all remaining surfaces and objects in th e work area, except for carpeted or upholstered surfaces, with adamp cloth. Mop uncarpeted floors thoroughly, using a mopping metho d that keeps the wash water separate from the rinse water, such as t he 2-bucket mopping method, or using a wet mopping system. (2) Standards for post-renovation cleaning verifi cation. (a) Interiors. (i) A certified renovator must perform a visual i nspection to determine whether dust, debris, or residue is still present. If dust, debris, or residue is present, these conditions mus t be removed by re-cleaning and another visual inspection must be p erformed. (ii) After a successful visual inspection, a cert ified renovator

must: (A) Verify that each windowsill in the work area has been adequately cleaned, using the following procedure. (I) Wipe the windowsill with a wet disposable cle aning 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. (II) If the cloth does not match and is darker th an the cleaning verification card, re-clean the windowsill as direc ted in paragraphs (1)(e)(ii)(B) and (1)(e)(ii)(C) of this section, th en 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 clo th matches or is lighter than the cleaning verification card, that w indowsill has been adequately cleaned. (III) If the cloth does not match and is darker t han the cleaning verification card, wait for 1 hour or until the sur face has dried completely, whichever is longer. (IV) After waiting for the windowsill to dry, wip e the windowsill with a dry disposable cleaning cloth. After this wi pe, the windowsill has been adequately cleaned. (B) Wipe uncarpeted floors and countertops withinthe work area with a wet disposable cleaning cloth. Floors must be wiped using application device with a long handle and a head to which the cloth is attached. The cloth must remain damp at all tim es 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 mu st be divided intoroughly equal sections that are each less than 40 s quare feet. Wipe

each such section separately with a new wet disposa ble cleaning cloth. If the cloth used to wipe each section of the surf ace within the work area matches the cleaning verification card, t he surface has been adequately cleaned. (I) If the cloth used to wipe a particular surfac e section does not match the cleaning verification card, re-clean that section of the surface as directed in paragraphs (1)(e)(ii)(B) and (1)(e)(ii)(C) of this section, then use a new wet disposable clea ning cloth to wipe that section again. If the cloth matches the clean ing verification card, that section of the surface has been adequate ly cleaned. (II) If the cloth used to wipe a particular surfa ce section does not match the cleaning verification card after the surface has been re-cleaned, wait for 1 hour or until the entir e surface within the work area has dried completely, whichever is lo nger. (III) After waiting for the entire surface withinthe work area to dry, wipe each section of the surface that has n ot yet achieved post-renovation cleaning verification with a dry di sposable cleaning cloth. After this wipe, that section of the surfac e has been adequately

cleaned. (iii) When the work area passes the post-renovati on cleaning verification, remove the warning signs. (b) Exteriors. A certified renovator must perfor m a visual inspection to determine whether dust, debris, or re sidue is still present on surfaces in and below the work area, inc luding windowsills and the ground. If dust, debris, or residue is pre sent, these

conditions must be eliminated and another visual in spection must be performed. When the area passes the visual inspect ion, remove the warning signs. (3) Optional dust clearance testing. Cleaning ve rification need not be performed if the contract between the r enovation firm and the person contracting for the renovation or an other federal, state, territorial, tribal, or local law or regulat ion requires: (a) The renovation firm to perform dust clearance sampling at the conclusion of a renovation covered by this rule

. (b) The dust clearance samples are required to be collected by a certified inspector, risk assessor, or dust sa mpling technician. (c) The renovation firm is required to re-clean t he work area until the dust clearance sample results are below t he clearance standards in R307-842-3(5)(h) or any local standard

. (4) Activities conducted after post-renovation cl eaning verification. Activities that do not disturb paint , such as applying paint to walls that have already been prepared, are not regulated by this rule if they are conducted after post-renov ation cleaning verification has been performed.

R307-841-6. Recordkeeping and Reporting Requirements. (1) Firms performing renovations must retain and, if requested, make available to the executive secretary all recor ds necessary to demonstrate compliance with this rule for a period of 3 years following completion of the renovation. This 3-year retentio n requirement does not supersede longer obligations required by other provisions for retaining the same documentation.(2) Records that must be retained pursuant to par agraph (1)

of this section shall include (where applicable): (a) Records or reports certifying that a determin ation had been made that lead-based paint is not present on the co mponents affected by the renovation, as described in R307-841-3(1). These records or reports include: (i) Reports prepared by a certified inspector or certified risk assessor certified pursuant to R307-842-2. (ii) Records prepared by a certified renovator aft er using EPA-recognized test kits, including an identificati on of the manufacturer and model of any test kits used, a des cription of the components that were tested including their locatio ns, and the result

of each test kit used. (iii) Records prepared by a certified renovator af ter collecting paint chip samples, including a description of the components that were tested including their locations, the name andaddress of the NLLAP-recognized entity performing the analysis, an d the results for each sample. (b) Signed and dated acknowledgments of receipt a s described in R307-841-4(1)(a)(i), (1)(b)(i), (2)(a)(i), (3)(a )(i)(A), and (3)(a)(ii)(A). (c) Certifications of attempted delivery as descr ibed in R307-841-4(1)(b)(i) and (3)(a)(ii)(A). (d) Certificates of mailing as described in R307-841-4(1)(a)(ii), (1)(b)(ii), (2)(a)(ii), (3)(a )(i)(B), and (3)(a)(ii)(B). (e) Records of notification activities performed regarding common area renovations, as described in R307-841-4 (2)(c) and (2)(d), and renovations in child-occupied facilities, as de scribed in
R307-841-4(3)(b). (f) Documentation of compliance with the requirem ents of R307-841-5, including documentation that a certifie d renovator was assigned to the project, that the certified renovat or provided on-the-job training for workers used on the project , that the certified renovator performed or directed workers who perform ed all of the tasks described in R307-841-5(1), and that the certified renovator performed the post-renovation cleaning verification describedin R307-841-5(2). If the renovation firm was unable to comply with a ll of the requirements of this rule due to an emergency as de fined in R307-841-3, the firm must document the nature of the emergency and the provisions

of the rule that were not followed. This documenta tion must include a copy of the certified renovator's current Utah Le ad-Based Paint Renovator certification card, and a certification b y the certified renovator assigned to the project that: (i) Training was provided to workers (topics must be identified
for each worker). (ii) Warning signs were posted at the entrances t o the work

area. (iii) If test kits were used, that the specified brand of kits was used at the specified locations and that the re sults were as specified. (iv) If paint chip samples were collected, that t he samples were collected at the specified locations, that the specifiedNLLAP-recognized laboratory analyzed the samples, a nd that the results

were as specified. (v) The work area was contained by: (A) Removing or covering all objects in the work area (interiors); (B) Closing and covering all HVAC ducts in the wo rk area (interiors); (C) Closing all windows in the work area (interio rs) or closing

all windows in and within 20 feet of the work area (exteriors); (D) Closing and sealing all doors in the work are a (interiors) or closing and sealing all doors in and within 20 f eet of the work area (exteriors); (E) Covering doors in the work area that were bei ng used to allow passage but prevent spread of dust; (F) Covering the floor surface, including install ed carpet, with taped-down plastic sheeting or other impermeab le material in the work area 6 feet beyond the perimeter of surfac es 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 t o the building extending 10 feet beyond the perimeter of surfaces undergoing

renovation or a sufficient distance to collect fall ing paint debris, whichever is greater, unless the property line prev ents 10 feet of such ground covering, weighted down by heavy object s (exteriors);

and (G) Installing (if necessary) vertical containmen t to prevent migration of dust and debris to adjacent property ( exteriors). (vi) Waste was contained on-site and while being transported

off-site. (vii) The work area was properly cleaned after th e renovation by: (A) Picking up all chips and debris, misting prot ective sheeting, folding it dirty side inward, and taping it for rem oval; and (B) Cleaning the work area surfaces and objects u sing a HEPA vacuum and/or wet cloths or mops (interiors). (viii) 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). (3)(a) When the final invoice for the renovation is delivered or within 30 days of the completion of the renovati on, whichever is earlier, the renovation firm must provide informati on pertaining to compliance with this rule to the following persons: (i) The owner of the building; and, if different, (ii) An adult occupant of the residential dwellin g, if the renovation took place within a residential dwelling , or an adult representative of the child-occupied facility, if t he renovation took place within a child-occupied facility. (b) When performing renovations in common areas o f multi-unit target housing, renovation firms must post the info rmation required by this rule or instructions on how interested occu pants can obtain a copy of this information. This information must b e posted in areas where it is likely to be seen by the occupants of a ll of the affected

units.(c) The information required to be provided by pa ragraph (3)

of this section may be provided by completing the s ample form titled "Sample Renovation Recordkeeping Checklist" or a si milar form containing the test kit information required by R30 7-841-6(2)(a)(ii) and the training and work practice compliance infor mation required by R307-841-6(2)(f). (4) If dust clearance sampling is performed in li eu of cleaning verification as permitted by R307-841-5(3), the ren ovation 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: (a) The owner of the building; and, if different, (b) 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 t he renovation took place within a child-occupied facility. (c) When performing renovations in common areas o f multi-unit target housing, renovation firms must post these du st sampling reports or information on how interested occupants of the h ousing being renovated can obtain a copy of the report. This inf ormation must be posted in areas where they are likely to be seen bythe occupants

of all of the affected units.

R307-841-7. Firm Certification. (1) Initial certification. (a) Firms that perform renovations for compensati on must apply to the executive secretary for certification to per form renovations or dust sampling. To apply, a firm must submit to the executive secretary a completed "Lead-Based Paint Certificati on Application for Firms," signed by an authorized agent of the fi rm, and pay the

correct amount of fees. (b) After the executive secretary receives a firm 's application, the executive secretary will take one of the follow ing actions within 90 days of the date the application is received: (i) The executive secretary will approve a firm's application if the executive secretary determines that it is co mplete and that the environmental compliance history of the firm, i ts 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 i nformation requested

on the form and includes at least the correct amoun t of fees. When the executive secretary approves a firm's applicati on, the executive secretary will issue the firm a certificate with anexpiration date not more than 5 years from the date the applicationis approved; (ii) The executive secretary will request a firm to supplement its application if the executive secretary determin es that the application is incomplete. If the executive secret ary requests a firm to supplement its application, the firm must s ubmit the requested information or pay the additional fees within 30 da ys of the date of the request; and (iii) The executive secretary will not approve a firm's application if the firm does not supplement its app lication in accordance with paragraph (1)(b)(ii) of this sectio n or if theexecutive secretary determines that the environment al compliance

history of the firm, its principals, or its key emp loyees demonstrates an unwillingness or inability to maintain complianc e with environmental statutes or regulations. The executi ve secretary will send the firm a letter giving the reason for not ap proving the application. The executive secretary will not refu nd the application fees. A firm may reapply for certification at any time by filing a new, complete application that includes the corre ct amount of fees. (2) Re-certification. To maintain its certificat ion, a firm must be re-certified by the executive secretary. (a) Timely and complete application. To be re-ce rtified, a firm must submit a complete application for re-cert ification. A complete application for re-certification includes a completed "Lead-Based Paint Certification Application for Fir ms" which contains all of the information requested by the form and is signed by an authorized agent of the firm, noting on the form th at it is submitted as a re-certification. A complete application must also include the

correct amount of fees. (i) An application for re-certification is timelyif it is postmarked 90 days or more before the date the firm 's current certification expires. If the firm's application i s complete and timely, the firm's current certification will remai n in effect until its expiration date or until the executive secretar y has made a final decision to approve or disapprove the re-certificat ion application,

whichever is later. (ii) If the firm submits a complete re-certificat ion application less than 90 days before its current certification expires, and the executive secretary does not approve the applicatio n before the expiration date, the firm's current certification w ill expire and

the firm will not be able to conduct renovations un til the executive secretary approves its re-certification application

. (iii) If the firm fails to obtain recertificationbefore the firm's current certification expires, the firm must not perform renovations or dust sampling until it is certified anew pursuant to paragraph (1), of this section. (b) Executive secretary action on an application. After the executive secretary receives a firm's application f or re-certification, the executive secretary will revi ew the application and take one of the following actions within 90 day s of receipt: (i) The executive secretary will approve a firm's application if the executive secretary determines that it is ti mely and complete and that the environmental compliance history of th e firm, its principals, or its key employees does not show an u nwillingness or inability to maintain compliance with environmental statutes or regulations. When the executive secretary approves a firm's application for re-certification, the executive sec retary will issue the firm a new certificate with an expiration date not more than 5 years from the date that the firm's current certifi cation expires. (ii) The executive secretary will request a firm to supplement its application if the executive secretary determin es that the application is incomplete. (iii) The executive secretary will not approve a firm's application if it is not received or is not complet e as of the datethat the firm's current certification expires, or i f the executive

secretary determines that the environmental complia nce history of the firm, its principals, or its key employees demo nstrates an unwillingness or inability to maintain compliance w ith environmental statutes or regulations. The executive secretary w ill send the firm a letter giving the reason for not approving the ap plication. The executive secretary will not refund the applicationfees. A firm may reapply for certification at any time by filinga new application and paying the correct amount of fees. (3) Amendment of certification. A firm must amen d its certification within 90 days of the date a change o ccurs to information included in the firm's most recent application. If the firm fails to amend its certification within 90 days of the da te the change occurs, the firm may not perform renovations or dust sampli ng until its

certification is amended. (a) To amend a certification, a firm must submit a completed "Lead-Based Paint Certification Application for Fir ms," 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. (b) If additional information is needed to proces s the amendment, or the firm did not pay the correct amount of fees, the executive secretary will request the firm to submit the neces sary information

or fees. The firm's certification is not amended u ntil the firm complies with the request. (c) Amending a certification does not affect the certification expiration date. (4) Firm responsibilities. Firms performing renov ations must

ensure that: (a) All individuals performing renovation activit ies on behalf

of the firm are either certified renovators or have been trained by

a certified renovator in accordance with R307-841-8 ; (b) A certified renovator is assigned to each ren ovation performed by the firm and discharges all of the cer tified renovator responsibilities identified in R307-841-8; (c) All renovations performed by the firm are per formed in accordance with the work practice standards in R307 -841-5; (d) The pre-renovation education requirements of R307-841-4 have been performed; and (e) The recordkeeping requirements of R307-841-6 are met.

R307-841-8. Renovator Certification and Dust Sampl ing Technician

Certification. (1) Renovator certification and dust sampling tec hnician

certification. (a) To become a certified renovator or certified dust sampling technician, an individual must successfully complet e an initial lead-based paint renovator or dust-sampling technic ian course accredited by the executive secretary under R307-84 2-1, the EPA under 40 CFR 745.225, or a state or tribal program that h as been authorized by EPA pursuant to subpart Q of 40 CFR 745. (b) Individuals who have successfully completed a n accredited abatement worker or supervisor course, or individua ls who havesuccessfully completed an executive secretary, EPA, HUD, or EPA/HUD

model renovation training course before October 4, 2011, but no later than the training course expiration date found on t hat training certificate, may take an accredited refresher renov ator training course in lieu of the initial renovator training co urse to become

a certified renovator. (c) Individuals who have successfully completed a n accredited lead-based paint inspector or risk assessor course before October 4, 2011, but no later than the training course expi ration date found on that training certificate, may take an accredite d refresher dust sampling technician course in lieu of the initial t raining to become a certified dust sampling technician. Individuals who are currently certified as lead-based paint inspectors or risk as sessors may act as certified dust sampling technicians without furt her training. (d) To maintain renovator certification or dust s ampling technician certification, an individual must comple te a renovator or dust sampling technician refresher course accred ited by the executive secretary under R307-842-1, the EPA under 40 CFR 745.225, or by a state or tribal program that is authorized under subpart Q of 40 CFR 745 within 5 years of the date the indivi dual completed the initial course described in paragraph (1)(a) of this section. If the individual does not complete a refresher cou rse within this time, the individual must re-take the initial cours e to become certified again. (2) Renovator responsibilities. Certified renova tors are responsible for ensuring compliance with R307-841-5 at all renovations to which they are assigned. A certified renovator: (a) Must perform all of the tasks described in R3 07-841-5(2) and must either perform or direct workers who perfo rm all of the tasks described in R307-841-5(1); (b) Must provide training to workers on the work practices required by R307-841-5(1) that they will be using i n performing their assigned tasks; (c) Must be physically present at the work site w hen the signs required by R307-841-5(1)(a) are posted, while the work area containment required by R307-841-5(1)(b) is being e stablished, and while the work area cleaning required by R307-841-5 (1)(e) is performed; (d) Must regularly direct work being performed byother individuals to ensure that the work practices requi red by R307-841-5(1) are being followed, including maintai ning the integrity of the containment barriers and ensuring that dust or debris does not spread beyond the work area; (e) Must be available, either on-site or by telep hone, at all times that renovations are being conducted; (f) When requested by the party contracting for r enovation services, must use an acceptable test kit to determ ine whether components to be affected by the renovation containlead-based paint; (g) Must have with them at the work site their cu rrent Utah Lead-Based Paint Renovator certification card; and (h) Must prepare the records required by R307-841 -6(2)(a)(ii), (iii), and (f). (3) Dust sampling technician responsibilities. When performingoptional dust clearance sampling under R307-841-5(3 ), a certified

dust sampling technician: (a) Must collect dust samples in accordance with R307-842-3(5)(h), must send the collected samples t o a laboratory recognized by EPA under TSCA Section 405(b), and mu st compare the

results to the clearance levels in accordance with R307-842-3(5)(h);

and (b) Must have with them at the work site their cu rrent Utah Lead-Based Paint Dust Sampling Technician certifica tion card.

R307-841-9. Suspending, Revoking, or Modifying an Individual's or

Firm's Certification. (1) Grounds for suspending, revoking, or modifyin g an individual's certification. The executive secretar y may suspend, revoke, or modify an individual's certification if the individual fails to comply with state lead-based paint adminis trative rules. The executive secretary may also suspend, revoke, o r modify a certified

renovator's certification if the renovator fails to ensure that all assigned renovations comply with R307-841-5. In ad dition to an administrative or judicial finding of violation, ex ecution of a consent agreement in settlement of an enforcement a ction constitutes, for purposes of this section, evidence of a failure to comply with relevant statutes or regulations. (2) Grounds for suspending, revoking, or modifyin g a firm's certification. The executive secretary may suspend , revoke, or modify

a firm's certification if the firm: (a) Submits false or misleading information to th e executive secretary in its application for certification or r e-certification, (b) Fails to maintain or falsifies records requir ed in R307-841-6, or (c) Fails to comply, or an individual performing a renovation on behalf of the firm fails to comply, with state l ead-based paint

administrative rules. In addition to an administra tive or judicial finding of violation, execution of a consent agreem ent in settlement of an enforcement action constitutes, for purposes of this section, evidence of a failure to comply with relevant statu tes or regulations.

KEY: paint, lead-based paint, lead-based paint ren ovation

Date of Enactment or Last Substantive Amendment: May 3, 2012 Authorizing, and Implemented or Interpreted Law: 1 9-2-104(1)(i)