Arkansas Administrative Code › Agency 007 - ARKANSAS DEPARTMENT OF HEALTH › Division 40 - Center for Public Health Practice › Rule 007.40.21-002 - Rules Pertaining to Lead-Based Paint Activities

Current through Register Vol. 49, No. 6, June, 2024
SECTION I
GENERAL PROVISIONS
(a) Authority
The following rules of the Arkansas Board of Health are adopted
				pursuant to the Lead - Based Paint Hazard Act of 2011 (Ark. Code Ann. §
										20-27-2501
et seq
.) hereinafter referred to as the Act. These rules shall
				be known as the Rules Pertaining to Lead - Based Paint
				Activities.
(b) Affected
			 facilities, regulated activities and purpose
(1) This rule affects two types of
			 facilities, target housing and child-occupied facilities.
(2) This rule addresses lead - based paint
			 activities which include the following:
(A)
			 inspection -- as defined by this rule,
(B) lead-hazard screen;
(C) risk assessment -- as defined by this
			 rule, and
(D) abatement -- as
			 defined by this rule.
(3)
			 The purpose of this rule is to do the following:
(A) Establish procedures and requirements for
			 the licensing of lead - based paint activities training programs,
(B) Establish procedures and requirements for
			 the licensing of lead - based paint activities contractors and
			 consultants,
(C) Establish
			 procedures and requirements for the certification of individuals engaged in
			 lead - based paint activities,
(D)
			 Establish work practice standards for performing lead - based paint
			 activities,
(E) Require that all
			 lead - based paint activities performed in target housing or child-occupied
			 facilities be performed by a licensed lead - based paint consultant or
			 contractor and certified individuals.
(c) Applicability
(1) This rule applies to all lead - based
			 paint activities, as defined by this rule, conducted in target housing or
			 child-occupied facilities.
(2) This
			 rule applies to each department, agency, and instrumentality of the executive,
			 legislative, and judicial branches of the Federal government having
			 jurisdiction over any property or facility, or engaged in any activity
			 resulting, or which may result, in a lead - based paint hazard; and each
			 officer, agent, or employee thereof shall be subject to, and comply with, all
			 Federal, state, interstate, and local requirements, both substantive and
			 procedural, including the requirements of this rule regarding lead - based
			 paint, lead - based paint activities, and lead - based paint hazards.
(d) Homeowner exemption
(1) The provisions of this rule do not apply
			 to persons who perform lead - based paint activities, as defined by this rule,
			 within residential dwellings that they own, except in the following
			 circumstances:
(A) The residential dwelling is
			 occupied by a person or persons other than the owner or the owner's immediate
			 family while the lead - based paint activities are being performed;
			 or
(B) A child resides in the
			 residential dwelling who has been identified as having an elevated blood lead
			 level.
(e)
			 Scope
Nothing in this rule requires that the owner or occupant
				undertake any particular lead - based paint activity. The provisions of this
				rule establish specific requirements for performing lead - based paint
				activities should the lead - based paint activities be undertaken. As mentioned
				above, homeowners are not required to undertake any particular lead - based
				paint activity and they are exempt from the requirements of this rule except as
				provided in Section I(d).
(f) Working days and hours
For purpose of submissions required by this rule, any
				submissions sent to the Department on a weekend or legal holiday shall be
				receipted as received on the first working day following the weekend or legal
				holiday. Also for purposes of this rule, a working day shall include the period
				of time between 8:00 a.m. and 4:30 p.m.
(g) Applicability of other environmental
			 programs
Nothing in this rule precludes the application of other state
				or federal environmental ordinances, statutes, or rules (including the Clean
				Air Act, Resource Conservation, and Recovery Act (RCRA), and the Clean Water
				Act and any permits required under these acts).
(h) Certification and licensing requirement
(1) All lead - based paint activities, as
			 defined by this rule, which are performed on target housing or child-occupied
			 facilities must be performed by the following individuals certified in the
			 particular disciplines set forth in this rule who are:
(A) Employed by a licensed contractor or
			 licensed consultant for that particular lead - based paint activity;
			 or
(B) Employed as an in-house
			 employee for that particular lead - based paint activity.