Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-230 - Accreditation of lead-based paint training programs and the certification of firms and individuals conducting lead-based paint activities and renovation › LEAD-BASED PAINT RENOVATION › Renovation Definitions, Work Practices, Renovator and Dust Wipe Sampling Technician Certification, Renovation Firm Certification, Information Distribution Requirements, etc › Section 365-230-300 - Applicability

Current through Register Vol. 24-14, July 15, 2024
This section applies to all renovations performed for
								compensation in target housing and child-occupied facilities, except for the
								following:
(1) Renovations in target
							housing or child-occupied facilities in which a written determination has been
							made by an inspector or risk assessor (certified pursuant to WAC
							365-230-130)  that the components
							affected by the renovation are free of paint or other surface coatings that
							contain lead equal to or in excess of 1.0 milligram per square centimeter (mg/
							cm2) or 0.5 percent by weight, where the firm
							performing the renovation has obtained a copy of the determination.
(2)
(a)
							Renovations in target housing or child-occupied facilities in which a certified
							renovator, using an EPA-recog-nized test kit as defined in WAC
							365-230-350 and following the kit
							manufacturer's instructions, has tested each component affected by the
							renovation and determined that the components are free of paint or other
							surface coatings that contain lead equal to or in excess of 1.0
							mg/cm2 or 0.5 percent by weight. If the components
							make up an integrated whole, such as the individual stair treads and risers of
							a single staircase, the renovator is required to test only one of the
							individual components, unless the individual components appear to have been
							repainted or refinished separately.
(b) Renovations in target housing or
							child-occupied facilities in which a certified renovator has collected a paint
							chip sample from each painted component affected by the renovation and a
							laboratory recognized by EPA pursuant to section 405(b) of TSCA as being
							capable of performing analyses for lead compounds in paint chip samples has
							determined that the samples are free of paint or other surface coatings that
							contain lead equal to or in excess of 1.0mg/cm2 or
							0.5% by weight. If the components make up an integrated whole, such as the
							individual stair treads and risers of a single staircase, the renovator is
							required to test only one of the individual components, unless the individual
							components appear to have been repainted or refinished separately.
(c) The information distribution requirements
							in WAC 365-230-320 do not apply to
							emergency renovations, which are renovation activities that were not planned
							but result from a sudden, unexpected event (such as nonroutine failures of
							equipment) that, if not immediately attended to, presents a safety or public
							health hazard, or threatens equipment and/or property with significant damage.
							Interim controls performed in response to an elevated blood-lead level in a
							resident child are also emergency renovations. Emergency renovations other than
							interim controls are also exempt from the warning sign, containment, waste
							handling, training, and certification requirements in WAC
							365-230-330,
							365-230-360, and
							365-230-380 to the extent
							necessary to respond to the emergency. Emergency renovations are not exempt
							from the cleaning requirements of WAC
							365-230-330(1)(e),
							which must be performed by certified renovators or individuals trained in
							accordance with WAC
							365-230-385(1)(b),
							the cleaning verification requirements of WAC
							365-230-330(2),
							which must be performed by certified renovators, and the recordkeeping
							requirements of WAC
							365-230-340(2)(f).