reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-27 - LEAD HAZARD REDUCTION CONTRACTOR CERTIFICATION › Section 420-3-27-.07 - Suspension, Revocation, And Modification Of Certifications

Current through Register Vol. 42, No. 9, June 28, 2024
The Department, after providing a written notice to the
				violator may suspend, revoke, or modify a firm's certification if a firm
				has:
(1) Performed work requiring
			 certification at a job site with individuals who are not accredited and
			 registered by Safe State.
(2)
			 Failed to comply with the work practice standards established in
			 420-3-27-.10.
(3) Misrepresented materials facts in its
			 letter of application for certification to the Department.
(4) Failed to maintain required records
			 pursuant to
			 420-3-27-.10 (Standards for
			 Conducting Lead Hazard Reduction Activities in Target Housing and
			 Child-occupied Facilities) and
			 420-3-27-.15 (Record
			 Keeping).
(5) Failed to comply with
			 federal, state, or local lead-based paint statutes, rules, or
			 regulations.
(6) In addition to an
			 administrative or judicial finding of violation, for purposes of this section
			 only, execution of a consent agreement in settlement of an enforcement action
			 constitutes evidence of a failure to comply with relevant statutes or
			 regulations.
Authors:
Phyllis Mardis, Charles Brookins, Sal
				  Gray, Gary Jones, Steven McDaniel
Statutory Authority:
Code of Ala
				  1975
, §
										22-37A-1, et
				  seq.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-27 - LEAD HAZARD REDUCTION CONTRACTOR CERTIFICATION › Section 420-3-27-.08 - Hearings

Current through Register Vol. 42, No. 9, June 28, 2024
Contested case hearings shall be provided in accordance with
				the Alabama Administrative Procedure Act, §
								41-22-1, et seq.,
Code
				of Ala. 1975
, and the State Board of Health's Contested Case
				Hearing Rules, Chapter 420-1-3. Informal settlement conferences may be
				conducted as provided in the State Board of Health's Contested Case Hearing
				Rules, Chapter 420-1-3.
Authors:
Phyllis Mardis, Charles Brookins, Sal
				  Gray, Gary Jones, Steven McDaniel
Statutory Authority:
Code of Ala
				  1975
, §
										22-37A-1, et
				  seq.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-27 - LEAD HAZARD REDUCTION CONTRACTOR CERTIFICATION › Section 420-3-27-.09 - Reciprocity

Current through Register Vol. 42, No. 9, June 28, 2024
Any firm certified and licensed by another state or tribal
				program to perform lead hazard reduction activities may petition the Department
				on a form provided by the Department along with the application fee, to grant
				certification, provided that each employee involved in lead hazard reduction
				activities is accredited and registered by Safe State. The denial of such is
				subject to review pursuant to the State Board of Health's Rules for Hearing of
				Contested Cases, Ala. Admin. Code, Chapter 420-1-3.
Authors:
Phyllis Mardis, Salvador Gray, Charles
				  Brookins, Gary Jones, Steven McDaniel
Statutory Authority:
Code of Ala
				  1975
, §
										22-37A-1, et seq.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-27 - LEAD HAZARD REDUCTION CONTRACTOR CERTIFICATION › Section 420-3-27-.10 - Standards For Conducting Lead Hazard Reduction Activities In Target Housing And Child-Occupied Facilities

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All lead hazard reduction activities
			 shall be performed pursuant to the work practice standards contained in this
			 section.
(2) When performing any
			 lead hazard reduction activity, an accredited individual of a certified firm
			 must perform that activity in compliance with the appropriate documented
			 methodologies. Documented methodologies appropriate for this section are found
			 in:
(a) The U. S. Department of Housing and
			 Urban Development (HUD) Guidelines for the Evaluation and Control of Lead-Based
			 Paint Hazards in Housing, and Chapter 7 Lead-Based Paint Inspection.
(b) The U.S. Environmental Protection Agency
			 (EPA) 40 CFR Part 745 Lead; Identification of Dangerous Levels of Lead; Final
			 Rule.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-27 - LEAD HAZARD REDUCTION CONTRACTOR CERTIFICATION › Section 420-3-27-.11 - Notification Of Lead Inspection And Risk Assessment Activities

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Notification of
			 the intent to perform lead inspections and risk assessments shall be made in
			 writing on a form provided by the Department and must be received at least 3
			 working days prior to commencement of the inspection or risk assessment. Forms
			 can be faxed or electronically transmitted to the Department.
Authors:
Phyllis Mardis, Salvador Gray, Charles
				  Brookins, Gary Jones, Steven McDaniel
Statutory Authority:
Code of Ala
				  1975
, §
										22-37A-1, et
				  seq.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-27 - LEAD HAZARD REDUCTION CONTRACTOR CERTIFICATION › Section 420-3-27-.12 - Project Notification And Project Fees

Current through Register Vol. 42, No. 9, June 28, 2024
(1) No firm or supervisor shall engage in a
			 lead-based paint abatement project prior to notifying the Department of such
			 activities and being issued a project permit. All applications shall be made in
			 writing on a form provided by the Department, and must be received at least 15
			 calendar days prior to commencement of the same.
(2) For emergency lead-based paint projects
			 where a 15-day notice is not feasible, the firm or supervisor shall notify the
			 Department within 5 calendar days after commencement of such emergency
			 projects.
(3) The notification
			 shall state:
(a) The physical address and
			 vicinity map of the location of the project;
(b) The building owner's and manager's names
			 and addresses;
(c) The dates when
			 the project will begin and end; and
(d) The name of the accredited supervisor and
			 workers for each project.
(e) Any
			 other information required by the Department.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-27 - LEAD HAZARD REDUCTION CONTRACTOR CERTIFICATION › Section 420-3-27-.13 - Clearance Levels And Lead Hazard Levels

Current through Register Vol. 42, No. 9, June 28, 2024
Clearance procedures shall be conducted on all abatement
				projects by an accredited inspector or risk assessor of a certified firm after
				appropriate cleaning has been completed.
(1)
Independence/Conflict of
			 Interest
- Clearance testing shall be performed by accredited
			 persons or entities independent of those performing hazard reduction
			 activities. If accredited in-house employees are used to conduct clearance
			 testing, the in-house accredited employee shall not have played a part in
			 performing that abatement work.
(2)
Clearance Levels and Lead Hazard Levels for Risk
			 Assessment
- Clearance levels established in 40 CFR Part 745 must
			 be met. If the residual lead level exceeds the applicable clearance level, the
			 components represented by the failed sample shall be recleaned and
			 retested.
Authors:
Phyllis Mardis, Salvador Gray, Charles
				  Brookins, Gary Jones, Steven McDaniel
Statutory Authority:
Code of Ala
				  1975
, §
										22-37A-1, et seq.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-27 - LEAD HAZARD REDUCTION CONTRACTOR CERTIFICATION › Section 420-3-27-.14 - Enforcement

Current through Register Vol. 42, No. 9, June 28, 2024
The administration and enforcement of these rules shall be in
				accordance with the Alabama Lead Reduction Act of 1997,
Code of
				Ala. 1975
, §
								22-37A-1 et seq. Failure or
				refusal to comply with any requirement of these rules is a prohibited act under
				Sections 15 and 409 of TSCA (15 U.S.C. §
									2614,
				2689).
(1) An owner or operator of an entity engaged
			 in lead hazard reduction activities who fail to comply with
			 420-3-27-.04 (Certification of
			 Firms), 420-3-27-.10 (Standards for
			 Conducting Lead Hazard Reduction Activities in Target Housing and
			 Child-Occupies Facilities), and
			 420-3-27-.12 (Project
			 Notification and Project Fees) and rules adopted or orders issued by the Board
			 shall be guilty of a Class C misdemeanor.
(2) If it appears that a person has violated,
			 is violating, or is threatening to violate
			 420-3-27-.04 (Certification of
			 Firms), 420-3-27-.10 (Standards for
			 Conducting Lead Hazard Reduction Activities in Target Housing and
			 Child-Occupied Facilities),
			 420-3-27-.12 (Project
			 Notification and Project Fees), and rules adopted or orders issued by the
			 Board, the State Health Officer, or a county health officer, as appropriate,
			 may institute a civil suit in his or her own name in a circuit court to obtain
			 injunctive relief to restrain the person from continuing the violation or
			 threat of violation.
Authors:
Phyllis Mardis, Salvador Gray, Charles
				  Brookins, Gary Jones, Steven McDaniel
Statutory Authority:
Code of Ala
				  1975
, §
										22-37A-1, et seq.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-27 - LEAD HAZARD REDUCTION CONTRACTOR CERTIFICATION › Section 420-3-27-.15 - Record Keeping

Current through Register Vol. 42, No. 9, June 28, 2024
All reports or plans required by Section
				420-3-27-.10 for Inspections,
				Lead Hazard Screens, Risk Assessments, Abatement, and Post Abatement Clearance
				Tests shall be maintained by the certified person or firm who prepared the
				report for no fewer than 3 years. The certified person or firm shall also
				provide copies of these reports to the building owner who contracted for its
				service.
Authors:
Phyllis Mardis, Salvador Gray, Charles
				  Brookins, Gary Jones, Steven McDaniel
Statutory Authority:
Code of Ala
				  1975
, §
										22-37A-1, et seq.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-27 - LEAD HAZARD REDUCTION CONTRACTOR CERTIFICATION › Section 420-3-27-.16 - Effective Date. (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Authors:
Phyllis Mardis, Salvador Gray, Charles
				  Brookins, Gary Jones, Steven McDaniel
Statutory Authority:
Code of Ala
				  1975
, §
										22-37A-1, et seq.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-28 - ENFORCEMENT OF THE ALABAMA CLEAN INDOOR AIR ACT › Section 420-3-28-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
The purpose of this chapter is to establish procedures to be
				followed by enforcement personnel in investigating complaints of violations of
				the Alabama Clean Indoor Air Act and specifying procedures by which appeals may
				be taken by aggrieved parties.
Author:
Greg Locklier
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-2-2(6),
				  22-15A-8
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-28 - ENFORCEMENT OF THE ALABAMA CLEAN INDOOR AIR ACT › Section 420-3-28-.02 - Statutory Authorization

Current through Register Vol. 42, No. 9, June 28, 2024
The State Board of Health is authorized to promulgate these
				rules under and by virtue of
Code of Ala. 1975
, §
								22-2-2(6) and
				§
								22-15A-8.
Author:
Greg Locklier
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-2-2(6),
				  22-15A-8
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-28 - ENFORCEMENT OF THE ALABAMA CLEAN INDOOR AIR ACT › Section 420-3-28-.03 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
When used in this Chapter and for the purpose thereof, the
				following terms and words shall be construed and have the meaning assigned to
				them as follows:
(a) Common
			 Facility/Common Area- Means hallway, corridor, lobby, aisle, water fountain
			 area, restroom, stairwell, service line, entryway, or conference
			 room.
(b) The "Act" - Refers to the
			 Alabama Clean Indoor Air Act.
(c)
			 Representative of the Department - Includes a public health environmentalist or
			 any other employee or agent of the Alabama Department of Public Health or any
			 county health department designated to investigate complaints and enforce the
			 Act and the rules promulgated thereunder.
(d) Smoker - One who burns a lighted
			 cigarette, cigar, pipe, or any other matter or substance that contains
			 tobacco.
(e) Appropriate law
			 enforcement agency - Means any Sheriff's Department or municipal police
			 department exercising jurisdiction over the area which encompasses a public
			 place as defined in the Act.
(f)
			 Department - Means the Alabama Department of Public Health
(g) Local County Health Department - Means
			 the county health department located in the same county as the public place
			 where an alleged violation occurred.
(h) Person in charge - Means the owner,
			 operator, manager or person who exercises any control over the public place.
Author:
Greg Locklier
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-2-2(6),
				  22-15A-8.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-28 - ENFORCEMENT OF THE ALABAMA CLEAN INDOOR AIR ACT › Section 420-3-28-.04 - Restaurants Deemed Too Small To Have A Designated Smoking Area

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Pursuant to
Code of Ala. 1975
, §
								22-15A-6(d), an
			 owner, operator or person in charge of a restaurant may not designate a
			 restaurant as a smoking facility unless all of the following criteria are
			 satisfied:
(a) The restaurant seats less than
			 50 people inside the facility; and
(b) The restaurant does not have existing
			 partitions to minimize exposure to the toxic effect of smoke; and,
(c) The restaurant shall notify the Heath
			 Department that the establishment will be declared a smoking
			 facility.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-28 - ENFORCEMENT OF THE ALABAMA CLEAN INDOOR AIR ACT › Section 420-3-28-.05 - Signs

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Each "Smoking
			 Area" or "No Smoking" sign or symbol as referenced in Ala. Code §
								22-15A-7 must have letters of
			 reasonable size which can be easily read.
(2) "No Smoking" signs shall be plainly
			 visible and conspicuously placed in all common facilities or common areas of a
			 public place, including but not limited to each and every entrance or door in a
			 common area or facility which is generally accessed by patrons or
			 employees.
(3) " Smoking Area"
			 signs shall be plainly visible and conspicuously placed in all areas of a
			 public place where smoking is permitted by the Clean Indoor Air Act and these
			 rules, including but not limited to each and every entrance and door in a
			 smoking area which is generally accessed by patrons or employees.
(4) Representatives of the Department may
			 assist public places on the placement of "No Smoking" and "Smoking Area" signs.
Author:
Greg Locklier
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-2-2(6),
				  22-15A-8.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-28 - ENFORCEMENT OF THE ALABAMA CLEAN INDOOR AIR ACT › Section 420-3-28-.06 - Enforcement

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Complaints of a
			 failure of a smoker to comply with the Act should be referred to the person in
			 charge of the public place or appropriate law enforcement agency.
(2) Complaints of a failure of a person in
			 charge of a public place to require smokers to comply with the Act should be
			 referred to the appropriate law enforcement agency and may be investigated by a
			 representative of the Department.
(3) Complaints of failure of a public place
			 to properly designate "non smoking" and "smoking" areas within a public place
			 shall be investigated by a representative of the Department.
(4) Failure of an owner/operator to properly
			 enforce employee smoking policy, if one has been adopted, shall be investigated
			 by a representative of the Department.
(5) A representative of the Department shall
			 respond to a complaint within ten (10) working days of the receipt of such
			 complaint. After responding to the complaint, a representative of the
			 Department shall inspect the public place, if the complaint pertains to failure
			 to properly designate a "smoking" or "non-smoking" area or facility. As part of
			 such investigation, a representative of the Department may interview employees
			 of the public place as well as the owner, operator, manager or person who in
			 any way and at any time controls the public place. The person in charge shall
			 not deny access to any public place to any representative of the
			 Department.
(6) All employee
			 smoking policies and any other records concerning compliance with the Clean
			 Indoor Air Act shall immediately be made available to a representative of the
			 Department upon request.
(7) If a
			 violation is documented, a representative of the Department shall issue a
			 notice of violation indicating the nature and approximate date of the
			 violation, the name and address of the facility and person in charge, if known,
			 the statute violated, the facts constituting a violation, the name and phone
			 number of the representative of the Department issuing the notice, the
			 procedure and time for compliance and consequences of noncompliance. Notices of
			 violation shall be personally delivered or sent certified mail.
(8) If an alleged violator fails to comply
			 within thirty (30) days after receipt of such notice, the Department shall
			 assess a civil penalty not to exceed fifty dollars ($50.00) for the first
			 violation, not to exceed one hundred dollars ($100.00) for the second
			 violation, and not to exceed two hundred dollars ($200.00) for each subsequent
			 violation. Each day's violation shall be considered a separate offense.
Author:
Greg Locklier
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-2-2(6),
				  22-15A-8
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-28 - ENFORCEMENT OF THE ALABAMA CLEAN INDOOR AIR ACT › Section 420-3-28-.07 - Administrative Review

Current through Register Vol. 42, No. 9, June 28, 2024
Alleged violators of the Act may seek administrative review of
				the imposition of a civil penalty or any other adverse action by the Department
				pursuant to the authority of these rules and the Alabama Clean Indoor Air Act
				by filing a written appeal notice within fifteen (15) calendar days with the
				Environmental Director of the local county health department. Administrative
				appeals and petitions for judicial review shall be governed by the Alabama
				Administrative Procedures Act, Code of Ala 1975, §
								41-22-1, et al (1975) and Ala.
				Admin. Code R. 420-1-3.10 and
				420-1-3-.11.
Author:
Greg Locklier
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-2-2(6),
				  22-15A-8
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-28 - ENFORCEMENT OF THE ALABAMA CLEAN INDOOR AIR ACT › Section 420-3-28-.08 - Local Laws, Ordinances Or Regulations

Current through Register Vol. 42, No. 9, June 28, 2024
Nothing in these regulations prohibits any municipality from
				adopting and enforcing a law, ordinance or regulation which contains more
				stringent provisions than those in the Alabama Clean Indoor Air Act,
Code of Ala. 1975
, §
								22-15A-1,
et
seq
.
Author:
Greg Locklier
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-2-2(6),
				  22-15A-8
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-29 - RENOVATION CONTRACTOR CERTIFICATION › Section 420-3-29-.01 - General Provisions

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Purpose
- This chapter establishes the procedures to be followed
			 for certification of contractors or firms who perform renovation in target
			 housing and child-occupied facilities. This chapter also contains requirements
			 that all persons engaged in renovation are properly trained, that training
			 programs are accredited, and that firms are certified; and that all renovation
			 in target housing and child-occupied facilities is performed by accredited
			 renovators of certified firms according to the prescribed work practice
			 standards contained in these rules; and ensures that owners and occupants of
			 target housing and child-occupied facilities receive information on lead-based
			 paint hazards before these renovations begin.
(2)
Statutory authority
- The
			 State Board of Health is authorized to adopt and promulgate these rules under
			 and by virtue of the authority of Chapter 22-37A,
Code of Ala.
			 1975
.
(3)
Adoption by reference
- Lead clearance levels and hazard standards
			 for lead in paint, dust, and soil established in 40 CFR Part 745 is hereby
			 incorporated by reference and made a part of these rules as if set out in full
			 and all provisions thereof are adopted as a rule of the State Board of Health.
			 Said document is available at
http://alabamapublichealth.gov/lead
.
Authors:
Salvador Gray, Charles Brookins, James
				  Daughtry, Steven McDaniel
Statutory Authority:
Code of
				  Ala.1975
, §§
										22-37A-1, et
				  seq.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-29 - RENOVATION CONTRACTOR CERTIFICATION › Section 420-3-29-.03 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Abatement - any
			 measure or set of measures designed to permanently eliminate lead-based paint
			 hazards included in
Ala. Admin. Code
, Chapter
			 420-3-27. Abatement includes, but is not limited to:
(a) The removal of lead-based paint and
			 lead-contaminated dust, the permanent enclosure or encapsulation of lead-based
			 paint, the replacement of lead-painted surfaces or fixtures, or the removal or
			 covering of lead-contaminated soil; and
(b) All preparation, cleanups, disposal, and
			 post-abatement clearance testing activities associated with such
			 measures.
(c) Specifically,
			 abatement includes, but is not limited to:
1.
			 Projects for which there is a written contract or other documentation, which
			 provides that an individual or firm certified in accordance with this rule,
			 will be conducting activities in or to a residential dwelling or a
			 child-occupied facility that are designed to or will permanently eliminate
			 lead-based paint hazards.
2.
			 Projects resulting in the permanent elimination of lead-based paint hazards
			 conducted by firms or individuals certified in accordance with these rules,
			 unless such projects are covered by paragraph (d) of this definition.
3. Projects resulting in the permanent
			 elimination of lead-based paint hazards, conducted by certified firms or
			 individuals who, through their company name or promotional literature,
			 represent, advertise, or hold themselves out to be in the business of
			 performing lead-based paint activities as identified and defined by this
			 section unless such projects are covered by paragraph (d) of this
			 definition.
4. Projects resulting
			 in the permanent elimination of lead-based paint hazards, including lead-based
			 paint and lead-contaminated dust or soil that are conducted in response to
			 state or local abatement orders.
(d) Abatement does not include renovation,
			 remodeling, landscaping, or other activities, when such activities are not
			 designed to permanently eliminate lead-based paint hazards, but, instead, are
			 designed to repair, restore, or remodel a given structure or dwelling, even
			 though these activities may incidentally result in a reduction or elimination
			 of lead-based paint hazards. Furthermore, abatement does not include interim
			 controls, operations and maintenance activities, or other measures and
			 activities designed to temporarily, but not permanently, reduce lead-based
			 paint hazards.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-29 - RENOVATION CONTRACTOR CERTIFICATION › Section 420-3-29-.04 - Information Distribution Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(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 pamphlet and comply with one of the following:
1. Obtain, from the owner, a written
			 acknowledgment that the owner has received the pamphlet.
2. Obtain a certificate of mailing at least 7
			 days prior to the renovation.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-29 - RENOVATION CONTRACTOR CERTIFICATION › Section 420-3-29-.06 - Denial Of Applications For Certification

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Department may deny an application
			 for certification to any applicant who fails to meet the standards or who does
			 not follow the procedures established by these rules, including, but not
			 limited to:
(a) Failure to submit the required
			 information, fee payment, and documentation with the application.
(b) Failure to comply with applicable
			 requirements, procedures, and standards set forth in law or these
			 rules.
(c) Submission of false
			 information on an application, supplying false statements, or failure to
			 disclose required information.
(d)
			 Any past violations of state or federal law pertaining to lead hazard reduction
			 activities within the last 2 years.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-29 - RENOVATION CONTRACTOR CERTIFICATION › Section 420-3-29-.07 - Renewal

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A firm must
			 renew its certification every year.
All certified firms shall renew their certification licenses
				before the expiration date. Applications for renewal along with a
				non-refundable application fee of $300 for
each
discipline should be received by the Department no later than 45 days prior to
				the expiration date. Failure to maintain certification will require a firm to
				re-apply for certification pursuant to Rule
				420-3-29-.05.
(a) To be re-certified, a firm must submit a
			 complete application for certification of lead renovation. A completed
			 application for certification of lead renovation contractors is signed by an
			 authorized agent of the firm, noting on the form that it is submitted as a
			 renewal. A complete application must also include payment of the appropriate
			 fee.
1. An application for re-certification is
			 timely submitted if it is more than 45 days prior to the expiration of the
			 firm's current certification.
2. If
			 the firm fails to obtain re-certification before the firm's current
			 certification expires, the firm must not perform renovations, dust sampling, or
			 any lead hazard reduction activities until it is certified anew pursuant to
			 paragraph (a) of this rule.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-29 - RENOVATION CONTRACTOR CERTIFICATION › Section 420-3-29-.08 - Suspension, Revocation, And Modification Of Certifications

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Department,
			 after providing a written notice to a firm in violation of these rules and
			 providing the firm an opportunity to comply, may suspend, revoke, or modify a
			 firm's certification if a firm has:
(a)
Performed work requiring certification
at a job site
			 with individuals who are not accredited and registered by Safe State.
(b) Failed to comply with the work practice
			 standards established in Rule
			 420-3-29-.10 (Work Practice
			 Standards for Conducting Renovation) and
			 420-3-29-.11 (Standards for
			 Conducting Renovation Activities).
(c) Misrepresented material facts in its
			 letter of application for certification to the Department.
(d) Failed to maintain required records
			 pursuant to Rules
			 420-3-29-.11 (Standards for
			 Conducting Renovation Activities) and
			 420-3-29-.15 (Record Keeping and
			 Reporting Requirements).
(e) Failed
			 to comply with federal, state, or local lead-based paint statutes, rules, or
			 regulations.
(f) In addition to an
			 administrative or judicial finding of violation, for purposes of this section
			 only, execution of a consent agreement in settlement of an enforcement action
			 constitutes evidence of a failure to comply with relevant statutes or
			 regulations.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-29 - RENOVATION CONTRACTOR CERTIFICATION › Section 420-3-29-.09 - Reciprocity

Current through Register Vol. 42, No. 9, June 28, 2024
Any firm certified and licensed by EPA, another state or
				tribal program to perform renovation may petition the Department on an
				application form provided by the Department along with the appropriate
				application fee, to grant certification, provided that each employee involved
				in renovation is accredited and registered by Safe State. The denial of such is
				subject to review pursuant to the State Board of Health's Rules for Hearing of
				Contested Cases,
Ala. Admin. Code
, Chapter
				420-1-3.
Authors:
Salvador Gray, Charles Brookins, James
				  Daughtry
Statutory Authority:
Code of
				  Ala.1975
, §§
										22-37A-1, et
				  seq.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-29 - RENOVATION CONTRACTOR CERTIFICATION › Section 420-3-29-.11 - Standards For Conducting Renovation Activities

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All renovation activities shall be
			 performed pursuant to the work practice standards contained in these
			 rules.
(2) When performing any
			 renovation activity, an accredited individual of a certified firm must perform
			 that activity in compliance with the appropriate documented methodologies.
			 Documented methodologies appropriate for this rule are found in:
(a) The U. S. Department of Housing and Urban
			 Development (HUD)
Guidelines for the Evaluation and Control of
			 Lead-Based Paint Hazards in Housing
, June 1995 and Chapter 7
			 Lead-Based Paint Inspection, 1997 Revision. (The Guidelines).
(b) The U.S. Environmental Protection Agency
			 (EPA) 40 CFR Part 745
Lead; Identification of Dangerous Levels of
			 Lead
; Final Rule, January 5, 2001.
(c) The documents referenced in Rule 420-3-29
			 -.l1(2)(a) and (b) are hereby incorporated by reference and are available at
http://alabamapublichealth.gov/lead
.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-29 - RENOVATION CONTRACTOR CERTIFICATION › Section 420-3-29-.12 - Renovation Project Notification

Current through Register Vol. 42, No. 9, June 28, 2024
(1) No firm or renovator shall engage in a
			 renovation project on target housing or a child occupied facility that is
			 subject to
Ala. Admin. Code
, Chapter 420-3-27 prior to
			 notifying the Department of such activities. All notifications shall be made in
			 writing by mail, e-mail, or fax on a form provided by the Department.
			 Notification must be received at least 7 working days prior to commencement of
			 the project. Online notification may be completed by clicking on the
			 appropriate website address which can be found on the renovation project
			 notification form.
(2) For
			 emergency renovation projects where a 7 day notice is not feasible, the firm or
			 supervisor shall notify the Department within 3 calendar days after
			 commencement of such emergency projects.
(3) The notification shall state:
(a) The physical address and vicinity map of
			 the location of the project;
(b)
			 The building owners' and managers' names, addresses, and phone
			 numbers;
(c) The dates when the
			 project will begin and end;
(d) The
			 name of the accredited renovator for each project; and
(e) Any other information required by the
			 Department.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-29 - RENOVATION CONTRACTOR CERTIFICATION › Section 420-3-29-.13 - Clearance Levels And Lead Hazard Levels

Current through Register Vol. 42, No. 9, June 28, 2024
Clearance sample procedures shall be conducted on all
				applicable renovation projects by an accredited inspector or risk assessor of a
				certified firm after appropriate cleaning has been completed.
(1)
Independence/Conflict of
			 Interest
- Clearance testing shall be performed by accredited
			 individuals or entities independent of those performing hazard reduction
			 activities. If accredited in-house employees are used to conduct clearance
			 testing, the in-house accredited employee shall not have participated in the
			 renovation work.
(2)
Dust Clearance Levels and Lead Hazard Levels for Risk
			 Assessment
- Clearance levels established in 40 CFR Part 745 must
			 be met. If the residual lead level exceeds the applicable clearance level, the
			 components represented by the failed sample shall be recleaned and
			 retested.
Authors:
Salvador Gray, Charles Brookins, James
				  Daughtry, Daniel Wysmulek, Steven McDaniel
Statutory Authority:
Code of
				  Ala.1975
, §§
										22-37A-1, et
				  seq.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-29 - RENOVATION CONTRACTOR CERTIFICATION › Section 420-3-29-.14 - Enforcement And Inspections

Current through Register Vol. 42, No. 9, June 28, 2024
The administration and enforcement of these rules shall be in
				accordance with the Alabama Lead Reduction Act of 1997. Failure or refusal to
				comply with any requirement of these rules is prohibited.
(1) An owner or operator of an entity engaged
			 in lead renovation activities who fails to comply with Rules
			 420-3-29-.05 (Certification of
			 Firms), 420-3-29-.10 (Work Practice
			 Standards for Conducting Renovation),
			 420-3-29-.12 (Renovation Project
			 Notification),
			 420-3-29-.15 (Record Keeping and
			 Reporting Requirements), and rules adopted or orders issued by the Board shall
			 be guilty of a Class C misdemeanor as described in
Code of Ala.
			 1975
, §
								22-37A-7.
(2) If it appears that a person has violated,
			 is violating, or is threatening to violate Rules
			 420-3-29-.05,
			 420-3-29-.10,
			 420-3-29-.12,
			 420-3-29-.15, and rules adopted
			 or orders issued by the Board, the State Health Officer, or a county health
			 officer, as appropriate, may institute a civil suit in his or her own name in a
			 circuit court to obtain injunctive relief to restrain the person from
			 continuing the violation or threat of violation.
(3) Failure or refusal to establish and
			 maintain records or to make available or permit access to or copying of
			 records, as required by these rules, is a violation.
(4) Failure or refusal to permit entry or
			 inspection as required is a violation.
(5) Violators may be subject to civil and
			 criminal sanctions.
(6) Lead-based
			 paint is assumed to be present at renovations covered by these rules. The
			 Department may conduct inspections and issue subpoenas to ensure compliance
			 with this section.
Authors:
Salvador Gray, Charles Brookins, James
				  Daughtry
Statutory Authority:
Code of
				  Ala.1975
, §§
										22-37A-1, et seq.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-29 - RENOVATION CONTRACTOR CERTIFICATION › Section 420-3-29-.16 - Effective Date (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Authors:
Salvador Gray, Charles Brookins, James
				  Daughtry
Statutory Authority:
Code of
				  Ala.1975
, §§
										22-37A-1, et
				  seq.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-4-1 - NOTIFIABLE DISEASES › Section 420-4-1-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
The purpose of these rules is to provide administrative details
				and procedures for the control of notifiable diseases or health
				conditions.
Author:
Donald E. Williamson, M.D.
Statutory Authority:
Code of Ala.
				  1975
, §§22-2-2(6); 22-11A-1,
et
				  seq
.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-4-1 - NOTIFIABLE DISEASES › Section 420-4-1-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Birth defects -
			 New diagnosis of a structural, functional, or biochemical abnormality
			 regardless of cause and irrespective of any known genetic or environmental
			 association(s) specified by the National Birth Defects Prevention Network or as
			 designated by the State Health Officer; whether manifested prenatally, at
			 delivery, or at a later date up to 12 months of age and may interfere with
			 normal growth or development.
(2)
			 Case of Public Health Importance - Includes an individual that presents at a
			 healthcare provider with unusual symptoms or an uncommon disease as determined
			 by a reporting healthcare provider, or a disease not normally seen in Alabama.
			 An example would be a non-reportable disease that has caused alert or concern
			 among local healthcare providers.
(3) Clinical materials - A clinical isolate
			 containing the infectious agent for which submission of material is required;
			 or if an isolate is not available, material containing the infectious agent for
			 which submission of material is required, in the following order of preference:
(1) a patient specimen;
(2) nucleic acid; or
(3) other laboratory material.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-4-1 - NOTIFIABLE DISEASES › Section 420-4-1-.03 - Enumeration

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The State
			 Committee of Public Health, acting for the State Board of Health, shall
			 designate in accordance with the Alabama Administrative Procedure Act, Code of
			 Ala. 1975, §41-22-1, et seq., by majority vote, the diseases and health
			 conditions which are notifiable and may change or amend such lists as deemed
			 necessary. The diseases and health conditions so designated are declared
			 diseases and health conditions of epidemic potential, a threat to the health
			 and welfare of the public, or otherwise of public health importance.
(2) Disease categories. The State Committee
			 of Public Health designates that notifiable diseases shall be divided into
			 three categories:
(a) immediate, extremely
			 urgent - diseases/conditions notifiable within 4 hours of presumptive diagnosis
			 or laboratory test result;
(b)
			 immediate, urgent - diseases/conditions notifiable within 24 hours of
			 presumptive diagnosis or laboratory test result; and
(c) standard - diseases/conditions notifiable
			 within 3 days of diagnosis or laboratory test result, unless otherwise noted.
			 Notifiable conditions and associated laboratory tests are enumerated in
			 Appendix I and II, respectively.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-4-1 - NOTIFIABLE DISEASES › Section 420-4-1-.04 - Reporting

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Responsibility
			 for Reporting. Each physician, dentist, nurse, medical examiner, hospital
			 administrator, nursing home administrator, laboratory director, school
			 principal, and child care center/Head Start director shall be responsible to
			 report cases or suspected cases of notifiable diseases and health conditions.
			 Reports by laboratories as outlined in
			 420-4-1-.04(3)
			 shall not substitute for reports by persons responsible for reporting cases or
			 suspected cases of notifiable diseases and health conditions. Said report shall
			 contain such data as may be required by the rules of the State Board of Health.
			 Said report shall be in the manner designated in Rule
			 420-4-1-.04(3)
			 -(7).
(2) Reports by Pharmacists.
			 Pharmacists shall report to the State Health Officer or designee in the manner
			 designated in Rule
			 420-4-1-.04(4)
			 -(7) the dispensing of:
(a) Any
			 anti-tuberculosis medication.
(b)
			 Any antiretroviral (ARV) medication to an infant < 18 months of
			 age.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-4-1 - NOTIFIABLE DISEASES › Section 420-4-1-.05 - Control Procedures

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 State Health Officer may act to prevent the spread of any notifiable disease or
			 health condition in a manner consistent with current medical and epidemiologic
			 knowledge about the mode of transmission of said disease or health condition.
			 Said actions for control of disease include any of the following actions, any
			 combination thereof, or any other lawful action necessary to prevent the spread
			 of disease.
(a) The State Health Officer, or
			 his or her designee, may cause a person or persons to be placed in isolation
			 and order said person or persons to remain in such status until released by
			 said Health Officer designee as provided for in
Code of Ala.
			 1975
, §22-11A-1, et seq.
(b) The State Health Officer, or his or her
			 designee, may order any person or persons to restrict their activities and not
			 engage in certain specified activities or enter certain places while they are
			 potentially capable of transmitting a notifiable disease or health
			 condition.
(c) The State Health
			 Officer, or his or her designee, may order a person or persons to be
			 quarantined in their own dwelling or such other facility as may be deemed
			 appropriate and may order removal of said persons if not in their own home in
			 accordance with
Code of Ala. 1975
,
			 §22-11A-8.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-4-1 - NOTIFIABLE DISEASES › Section 420-4-1-.06 - HIV Testing Procedures

Current through Register Vol. 42, No. 9, June 28, 2024
No person shall be tested for HIV infection by antibody
				determination, or by other means, unless said person or their personal
				physician are informed of the results of said test or said results are made
				available to said person. A person so notified shall be provided information on
				the meaning of said test results, the methods of HIV transmission, on ways to
				avoid becoming infected, or on ways to avoid infecting others. However, nothing
				in this paragraph shall apply to any business organization providing life,
				health, or disability insurance.
Previous rule 420-4-1-.06 entitled "Appeal and Penalty" filed
				  September 1, 1982.
Author:
Donald E. Williamson, M.D., P. Brian
				  Hale, J.D.
Statutory Authority:
Code of Ala.
				  1975
, §§22-11A-1,
et
				  seq
.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-4-1 - NOTIFIABLE DISEASES › Section 420-4-1-.07 - Notification Of Pre-Hospital/Emergency Medical Service Personnel

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The chief
			 administrator of a hospital, or his or her designee, shall notify pre-hospital
			 agencies and emergency medical service personnel of a patient's contagious
			 condition.
(2) Pre-hospital and
			 emergency medical service personnel shall be notified by the hospital
			 administrator, or his or her designee, when a patient which has been
			 transported by said pre-hospital transport personnel and is diagnosed during
			 the current hospitalization as having a notifiable disease transmissible
			 through the respiratory route. Such notification shall apply only to the
			 pre-hospital personnel involved with the on-scene care or in the transportation
			 of the patient to the current hospitalization. Such notification shall occur
			 within 24 hours after the diagnosis of said respiratorily transmitted
			 notifiable disease.
(3)
			 Notification of the presence of an infectious agent transmissible by blood and
			 body fluids shall occur only upon the documentation of an exposure to
			 pre-hospital or emergency medical service personnel in a manner consistent with
			 transmission of said infectious agent. Documentation of said exposure shall be
			 made in writing within 72 hours of the exposure.
(4) Upon receipt of said documentation
			 showing an exposure consistent with a medically recognized method of
			 transmission, the hospital administrator, or his or her designee, shall
			 provide, in writing, to said exposed individual information which has been
			 previously obtained in the routine healthcare of the patient or obtained during
			 the current hospitalization, about the presence of infectious diseases in the
			 patient transmissible through blood and body fluids. Such notification shall be
			 provided within 24 hours after the diagnosis of said blood and body fluid
			 transmissible notifiable disease.
(5) Nothing in these rules shall be
			 interpreted to require a hospital, physician, or other medical provider to
			 perform any test for infectious disease other than that which would be
			 performed in the routine treatment of the patient.
Author:
Donald E. Williamson, M.D.; P. Brian
				  Hale, J.D.
Statutory Authority:
Code of Ala.
				  1975
, §§22-11A-1,
et
				  seq
.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-4-1 - NOTIFIABLE DISEASES › Section 420-4-1-.08 - Victims Of Sexual Offense To Request And Receive HIV Test Results Of Convicted Offender

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 victim of a sex offense may request the results of any tests on the defendant
			 convicted of such sex offense, for the presence of HIV, the etiologic agent for
			 acquired immune deficiency syndrome (AIDS). Such request shall be made in
			 writing to the Department and must include the victim's name and address, the
			 Circuit Court case number, and the date and location of conviction.
(2) Upon receipt of the victim's written
			 request, the Department will obtain the case action summary from the
			 appropriate county Criminal Court Division to verify the nature of the sex
			 offense, date of conviction, victim name and address, defendant name, social
			 security number, date of birth, and place of incarceration or
			 confinement.
(3) Upon request of
			 the State Health Officer, the Alabama Department of Corrections or the
			 appropriate officials of any city or county jail shall provide in writing the
			 results of any positive or negative test for HIV of a convicted sex offender to
			 the State Health Officer or his or her designee.
(4) Upon receipt of the required information,
			 the Department shall release the results of the HIV test to the victim. At the
			 same time, the Department shall provide the victim of such sex offense counsel
			 regarding HIV/AIDS disease, testing, and referral for appropriate healthcare
			 and support services in accordance with applicable law.
Rule
				  420-4-1-.10 was renumbered to .08
				  as pre certification filed November 25, 2014; effective December 30, 2014.
				  Previous rules 420-4-1-.08 entitled "Notification of Funeral Home Personnel"
				  and 420-4-1-.09, "Investigation of
				  HIV/Hepatitis B Virus Infected Health Care Workers" were repealed as per
				  certification filed November 25, 2014; effective December 30,
				  2014.
Author:
Jane Cheeks, M.P.H., P. Brian Hale,
				  J.D.
Statutory Authority:
Code of Ala.
				  1975
, §§22-2-2(6), 22-11A-17(a) - (c).