Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 2 - Air Regulations › Chapter 9 - Mississippi Commission on Environmental Quality Regulations for Lead-Based Paint Activities (Adopted January 22, 1998, Amended November 20, 2003, and Last Amended December 10, 2009, and Last Amended October 24, 2013) › Rule 11-2-9.1 - General Scope and Applicability

Current through June 25, 2024
Pursuant to the authority granted by the Lead-Based Paint
				  Activity Accreditation and Certification Act, Miss. Code 49-17-501 through
				  49-17-531, the following regulations contain procedures and requirements for
				  the accreditation of lead-based paint activities training programs, procedures
				  and requirements for the certification of inspectors, risk assessors, project
				  designers, supervisors, workers, renovators, dust sampling technicians, and
				  firms engaged in lead-based paint activities, and work practice standards for
				  performing such activities. No person may engage in lead-based paint activities
				  in target housing or child-occupied facilities as an inspector, risk assessor,
				  project designer, supervisor, worker, renovator, dust sampling technician, or
				  firm on or after the effective date of these regulations, unless applicable
				  initial or renewed certificates to so engage in lead-based paint activities
				  have been issued to such persons by the Commission, and are currently in
				  effect. No firm shall employ any person on a lead-based paint activity who does
				  not possess a current certificate issued by the Commission or has not been
				  appropriately trained as a renovation worker. No individual will be certified
				  as an inspector, risk assessor, or supervisor until the individual has passed
				  the required certification (3rd party) examination for the discipline.
These regulations are applicable to all persons engaged in
				  lead-based paint activities in target housing and child-occupied facilities.
				  These regulations also apply to lead-based paint activities performed on or in
				  other non-residential buildings or structures located on the property of target
				  housing and child-occupied facilities where the lead-based paint activity would
				  pose a health risk to those using the property. Persons who perform lead-based
				  paint activities within residential dwellings that they own and occupy are
				  exempt from the regulations unless the residential dwelling is occupied by a
				  person or persons other than the owner or owner's immediate family while these
				  activities are being performed, or a child residing in the building has been
				  identified as having an elevated blood lead level as determined by the United
				  States Department of Health and Human Services; Centers for Disease Control and
				  Prevention.
These regulations do not require the performance of
				  lead-based paint activities but establish requirements and procedures to follow
				  when lead-based paint activities are performed. 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 of the requirements of these regulations regarding lead-based
				  paint, lead-based paint activities and lead-based paint hazards.
These regulations require that owners and occupants of target
				  housing and child-occupied facilities receive information on lead-based paint
				  hazards before renovations begin. The pamphlet, Renovate Right: Important Lead
				  Hazard Information for Families, Child Care Providers, and Schools, must be
				  distributed.
Compliance with these regulations shall not affect or
				  substitute for compliance with all other applicable laws and regulations of the
				  United States Department of Housing and Urban Development, the United States
				  Occupational Safety and Health Administration, the United States Environmental
				  Protection Agency and other federal agencies with jurisdiction over issues
				  concerning lead-based paint hazards.
It is the intent of the "Lead-Based Paint Activity
				  Accreditation and Certification Act" that the cost of the administration and
				  enforcement of the act be borne fully by federal grants and fees for
				  accreditation, certification, and abatement projects. Any fee to fund
				  activities shall be set by order of the Commission on Environmental Quality and
				  shall be at levels graduated to reflect the type of certificate and the size of
				  the project, as the case may be. Fees for more than one (1) discipline shall be
				  paid by a separate check or money order for each discipline. All fees shall be
				  submitted to the Commission by check or money order, payable to the Lead-Based
				  Paint Program Operations Funds.
Miss. Code Ann.
				  §§
										49-17-501,
				  et seq., 49-2-1, et seq. and 49-17-1, et
				  seq.