Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-29 - RENOVATION CONTRACTOR CERTIFICATION › Section 420-3-29-.02 - Applicability

Current through Register Vol. 42, No. 9, June 28, 2024
(1) This chapter
			 applies to target housing and child-occupied facilities as defined in
			 40
			 CFR §
									745.223, and as further defined by
			 this chapter except for the following:
(a)
			 Renovations in target housing or child-occupied facilities in which a written
			 determination has been made by an Alabama accredited inspector or risk assessor
			 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 percent by weight,
			 where the firm performing the renovation has obtained a copy of the
			 determination.
(b) Renovations in
			 target housing or child-occupied facilities in which an accredited renovator,
			 using an EPA recognized test kit as defined in Rule
			 420-3-29-.03 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 percent by weight. If the components
			 make up an integrated whole, such as the individual stair treads and risers of
			 a single staircase, the accredited renovator is required to test only one of
			 the individual components, unless the individual components appear to have been
			 repainted or refinished separately.
(c) Emergency Renovations. The information
			 distribution requirements in Rule
			 420-3-29-.04 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, accreditation, and certification requirements in Rules
			 420-3-29-.10,
			 420-3-29-.05, and Ala. Admin.
			 Code, Chapter 822-X-1 (Registration and Accreditation of Lead Training Programs
			 and Individuals Engaged in Lead Hazard Reduction Activities) to the extent
			 necessary to respond to the emergency. Emergency renovations are not exempt
			 from the cleaning requirements of Rule
			 420-3-29-.10(1)(e),
			 which must be performed by accredited renovators or individuals trained in
			 accordance with 40 CFR (Code of Federal Regulation) §745.90(b)(2) and
Ala. Admin. Code
, Rule
			 822-X-1-.05, the cleaning
			 verification requirements of Rule
			 420-3-29-.10(2),
			 which must be performed by accredited renovators, and the recordkeeping
			 requirements of Rule
			 420-3-29-.15(2)(f) and
			 (2)(g).
(d) If any portion of a renovation project is
			 intended solely to remove lead-based paint components and is noted in the
			 contract, then the project must comply with
Ala. Admin.
			 Code
, Chapter 420-3-27.