Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 28 - Lead-Based Paint Activities-Recognition, Accreditation, Licensure, and Standards for Conducting Lead-Based Paint Activities › Section III-2801 - Scope and Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				This Chapter contains procedures and requirements for the recognition of
				lead-based paint activities training providers, procedures and requirements for
				the accreditation of individuals, and licensure of contractors engaged in
				lead-based paint activities, project notifications, work practice standards for
				performing such activities, data collection, and reporting of lead hazards at
child occupied facilities (COFs)
, as defined in LAC
				33:III.2803 and as specified in LAC 33:III.2813.B and LAC 33:III.2815 (e.g.,
				daycare centers, preschools, or public and nonpublic elementary school
				facilities). Except as discussed below, all
lead-based paint
				activities
, as defined in this Chapter, shall be performed by
				accredited individuals, laboratories, and licensed contractors.
B. This Chapter applies to all persons and
				contractors who are engaged in lead-based paint activities in
target
				housing
, as defined in LAC 33:III.2803, and COFs, except persons who
				perform these activities within residential dwellings that they own, unless the
				residential dwelling is occupied by a person or persons other than the owner or
				the 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.
C. Public entities are
				exempt from the requirements for licensure; however, employees of public
				entities must be accredited in the appropriate disciplines. Public entities
				shall not be required to pay accreditation fees or notification fees.
D. The provisions of this Chapter shall not
				apply to lead-based paint activities or to persons performing such activities
				when such activities are performed wholly within an industrial facility and are
				performed by persons who are subject to the training requirements of the
				Occupational Safety and Health Administration's hazard communication
				standard.
E. All modifications to
				facilities or structures and to their component systems that may occur in
				conjunction with a lead abatement activity shall be designed in accordance with
				applicable state and municipal building codes.
F. 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 Chapter regarding lead-based
				paint, lead-based paint activities, and lead-based paint hazards.
G. While this Chapter establishes specific
				requirements for performing lead-based paint activities should they be
				undertaken, nothing in this Chapter requires that the owner or occupant
				undertake any particular lead-based paint activity.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2054 and 2351 et
				  seq.