Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 424 - LEAD MANAGEMENT REGULATIONS › Section 096-424-2 - General Provisions

Current through 2024-29, July 17, 2024
A.
Applicability.
This Chapter applies to any person who engages in
				lead-based paint activities in residential dwelling units and child-occupied
				facilities in Maine.
B.
Right
				of entry.
Employees and agents of the Department may enter any property
				at reasonable hours and enter any building with the consent of the owner,
				occupant or agent, or pursuant to an administrative search warrant, in order to
				inspect the property or structure, take samples, conduct tests, or review
				records as appropriate to determine compliance with any lead laws and
				regulations administered by the Department or the terms and conditions of any
				order, license, permit, approval, or decision of the Commissioner or the
				Board.
C.
Prohibition.
No person shall engage in any lead-based paint activity at any residential
				dwelling unit or child-occupied facility unless the person is licensed or
				certified to do so by the Department. Unless exempted in Subsection E below. No
				person shall offer lead training courses in the State of Maine unless the lead
				training courses are accredited, and that person is licensed by the Department
				to offer the lead training courses.
D.
One-year term.
A license,
				certification, or accreditation issued by the Department under this Chapter
				expires one year after the date of issue. An existing license, certification,
				or accreditation will expire unless the licensee submits a complete application
				for renewal to the Department prior to the expiration date of that license,
				certificate, or accreditation. An expired license, certification, or
				accreditation may be renewed if the application for renewal is received no
				later than 2 years following expiration of the previously issued license,
				certification, or accreditation.
E.
Exemptions
(1) A person 18 years
				of age or older who owns and personally occupies a residential dwelling unit as
				their primary or seasonal residence is exempt from these rules when performing
				lead abatement activities within that residential dwelling unit, so long as a
				child residing in the residential dwelling unit has not been identified as
				lead-poisoned.
(2) Owners and
				occupants assessing for the presence of lead in paint in their own property or
				residence using home test kits or paint chip sampling are exempt from these
				regulations. Owners and occupants may also collect dust samples to evaluate
				their residences.
Note:
Federal law requires
				  property owners to disclose to lessees or potential buyers any knowledge of
				  lead-based paint including results from homeowner-collected paint and dust
				  samples as well as test results from paint testing conducted by EPA-certified
				  renovators and/or any known lead-based paint hazards.
(3) EPA certified renovators may test for the
				presence of lead in paint in residential dwelling units or child-occupied
				facilities using EPA-approved test kits or paint chip sampling when the testing
				is performed in order to comply with EPA's Lead-Based Paint, Renovation, Repair
				and Painting Rule. 40 C.F.R. Part 745, subpart E, as amended up to July 1,
				2020.
(4) Any person performing
				interim controls is exempt from these regulations.
(5) Any person or contractor addressing only
				lead water hazards in residential dwelling units or child-occupied facilities
				is exempt from these regulations.
Note:
Contact the Maine Center
				  for Disease Control and Prevention, Division of Environmental Health, Drinking
				  Water Program (207-287-2070) for assistance with lead-contaminated water
				  including a listing of water quality professionals familiar with options for
				  mitigating lead-contaminated water.