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Sec. 5454. (1) "Certified abatement
worker" means an individual who has been trained to perform abatements by
an accredited training program and who is certified by the department under
this part to perform abatement.
(2)
"Certified clearance technician" means an individual who has
completed an approved training course and been certified by the department
under this part to conduct clearance testing following interim controls.
(3)
"Certified firm" means a person that performs a lead-based paint
activity for which the department has issued a certificate of approval under
this part.
(4)
"Certified inspector" means an individual who has been trained by an
accredited training program and certified by the department under this part to
conduct inspections and take samples for the presence of lead in paint, dust,
and soil for the purposes of abatement clearance testing.
(5)
"Certified project designer" means an individual who has been trained
by an accredited training program and certified by the department under this
part to prepare abatement project designs, occupant protection plans, and
abatement reports.
(6) "Certified renovator" means a renovator who has
successfully completed a renovator course accredited by the EPA or an EPA
authorized state or tribal program.
(7) (6) "Certified risk assessor" means an individual who
has been trained by an accredited training program and certified by the
department under this part to conduct inspections and risk
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assessments and to take samples for the presence of lead in paint, dust,
and soil for the purposes of abatement clearance testing.
(8) (7) "Certified supervisor" means an individual who has
been trained by an accredited training program and certified by the department
under this part to supervise and conduct abatements and to prepare occupant
protection plans and abatement reports.
(9) (8) "Child occupied facility" means a building or
portion of a building constructed before 1978 that is visited regularly by a
child who is 6 years of age or less, on at least 2 different days within a
given week, if each day's visit is at least 3 hours and the combined weekly
visit is at least 6 hours in length, and the combined annual visits are at
least 60 hours in length. Child occupied facility includes, but is not limited
to, a day-care center, a preschool, and a kindergarten classroom.
Sec. 5455. (1)
"Cleaning verification card" means a card developed and distributed,
or otherwise approved, by the EPA to determine if post-renovation cleaning was
properly completed through the comparison of wet and dry disposable cleaning
cloths with the card.
(2) (1) "Clearance levels" means the values that indicate
the maximum amount of lead permitted in dust on a surface following completion
of an abatement as listed in rules promulgated by the department.
(3) (2) "Clearance professional" means 1 or more of the
following individuals when performing clearance testing:
(a) A
certified inspector.
(b) A
certified risk assessor.
(c) A
certified clearance technician.
(4) (3) "Common area" means a portion of a building that is
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generally accessible to all occupants of the building. Common area
includes, but is not limited to, a hallway, a stairway, a laundry and
recreational room, a playground, a community center, a garage, and a boundary
fence.
(5) (4) "Component" or "building component" means
a specific design or structural element or fixture of a building, residential
dwelling, or child occupied facility that is distinguished by its form,
function, and location. Component or building component, includes, but is not
limited to, a specific interior or exterior design or structural element or
fixture.
(6) (5) "Containment" means a process to protect workers
and the environment by controlling exposure to a dust lead hazard and debris
created during an abatement or renovation project.
(7) (6) "Course agenda" means an outline of the key topics
to be covered during an accredited training program, including the time
allotted to teach each topic.
(8) (7) "Course test" means an evaluation of the overall
effectiveness of the accredited training program by testing a trainee's
knowledge and retention of the topics covered during the accredited training
program.
(9) (8) "Course test blueprint" means written documentation
identifying the proportion of course test questions devoted to each major topic
in the accredited training program curriculum.
Sec. 5456. (1) "Department"
means the department of community health and human services.
(2)
"Deteriorated paint" means paint or other surface coating that is
cracking, flaking, chipping, peeling, or otherwise damaged or separating from
the substrate of a building component.
(3)
"Discipline" means 1 of the specific types or categories
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of lead-based paint activities or renovations identified
in this part for which an individual may receive training from an accredited training
program and become certified by the department.
(4)
"Distinct painting history" means the application history, as
indicated by its visual appearance or a record of application, over time of
paint or other surface coatings to a component or room.
(5)
"Documented methodology" means a method or protocol used to do either
or both of the following:
(a) Sample
and test for the presence of lead in paint, dust, and soil.
(b) Perform
related work practices as described in rules promulgated under this part.
(6) "Dry disposable cleaning cloth" means a
commercially available, dry, electrostatically charged, white, disposable cloth
designed for cleaning hard surfaces such as uncarpeted floors or countertops.
(7) (6) "Dust lead hazard" means surface dust in a
residential dwelling or child occupied facility that contains a concentration
of lead at or in excess of levels identified by the EPA pursuant to section 403
of title IV of the toxic substances control act, Public
Law 94-469, 15 U.S.C. USC 2683, or as otherwise defined by rule.
(8) (7) "Elevated blood level" or "EBL" means for
purposes of lead abatement an excessive absorption of lead that is a confirmed
concentration of lead in whole blood of 20 ug/dl, micrograms of lead per
deciliter of whole blood, for a single venous test or of 15-19 ug/dl in 2
consecutive tests taken 3 to 4 months apart. For purposes of case management of
children 6 years of age or less, elevated blood level means an excessive
absorption of lead that is
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a confirmed concentration of lead in whole blood of 10 ug/dl.
(9) (8) "Encapsulant" means a substance that forms a
barrier between lead-based paint and the environment using a liquid-applied
coating, with or without reinforcement materials, or an adhesively bonded
covering material.
(10) (9) "Encapsulation" means the application of an
encapsulant.
(11) (10) "Enclosure" means the use of rigid, durable
construction materials that are mechanically fastened to the substrate in order to act as a barrier between lead-based paint
and the environment.
(12) (11) "EPA" means the United States environmental protection agency.Environmental Protection Agency.
Sec. 5459. (1)
"Minor repair and maintenance activities" means that term as defined
in 40 CFR 745.83.
(2) (1) "Multifamily dwelling" means a structure that
contains more than 1 separate residential dwelling unit and that is used or
occupied, or intended to be used or occupied, in whole or in part, as the home
or residence of 1 or more persons.
(3) (2) "Paint in poor condition" means 1 or more of the
following:
(a) More than
10 square feet of deteriorated paint on an exterior component with a large
surface area.
(b) More than
2 square feet of deteriorated paint on an interior component with large surface
areas.
(c) More than
10% of the total surface area of the component is deteriorated on an interior
or exterior component with a small surface area.
(4) (3) "Permanently covered soil" means soil that has been
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separated from human contact by the placement of a barrier consisting of
solid, relatively impermeable materials including, but not limited to, pavement
or concrete but not including grass, mulch, or other landscaping materials.
(5) (4) "Person" means that term as defined in section 1106
but including the state and a political subdivision of the state.
(6) (5) "Principal instructor" means the individual who has
the primary responsibility for organizing and teaching a particular course in
an accredited training program.
(7) (6) "Recognized laboratory" means an environmental
laboratory recognized by the EPA pursuant to section 405 of title IV of the
toxic substances control act, Public Law 94-469, 15
U.S.C. USC 2685,
as being capable of performing an analysis for lead compounds in paint, soil,
and dust.
(8) "Recognized test kit" means a commercially
available kit recognized by the EPA under 40 CFR 758.88 as being capable of
allowing a user to determine the presence of lead at levels equal to or in
excess of 1.0 milligrams per square centimeter or more than 0.5% lead by
weight, in a paint chip, paint powder, or painted surface.
(9) (7) "Reduction" means a measure designed to reduce or
eliminate human exposure to a lead-based paint hazard through methods
including, but not limited to, interim controls and abatement.
(10) "Renovation" means the modification of any
existing structure, or portion thereof, that results in the disturbance of
painted surfaces, unless that activity is performed as part of an abatement.
Renovation does not include minor repair and maintenance activities. Renovation
includes, but is not limited to, all of the
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following:
(a) The removal, modification, or repair of painted surfaces
or painted components including, but not limited to, modification of painted
doors, surface restoration, window repair, or surface preparation activity such
as sanding, scraping, or other activities that may generate paint dust.
(b) The removal of building components including, but not
limited to, walls, ceilings, plumbing, or windows.
(c) Weatherization projects including, but not limited to,
cutting holes in painted surfaces to install blown-in insulation or to gain
access to attics and planing thresholds to install weather stripping.
(d) Interim controls that disturb painted surfaces.
(e) A renovation to convert a building, or part of a
building, into target housing or a child occupied facility.
(11) "Renovator" means an individual who either
performs or directs workers who perform renovations.
(12) (8) "Residential dwelling" means either of the
following:
(a) A
detached single family dwelling unit, including, but not limited to, attached
structures such as porches and stoops and accessory structures such as garages,
fences, and nonagricultural or noncommercial outbuildings.
(b) A
building structure that contains more than 1 separate residential dwelling unit
that is used or occupied, in whole or in part, as the home or residence of 1 or
more persons.
(13) (9) "Risk assessment" means both of the following:
(a) An
on-site investigation in target housing or a child occupied facility to
determine the existence, nature, severity, and location of a lead-based paint
hazard.
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(b) The
provision of a report by the person conducting the risk assessment explaining
the results of the investigation and options for reducing the lead-based paint
hazard.
(14) (10) "Soil lead hazard" means bare soil on a
residential dwelling or on the property of a child occupied facility that
contains lead at or in excess of levels identified by the EPA pursuant to
section 403 of title IV of the toxic substances control act, Public Law 94-469, 15 U.S.C.
USC 2683, or as otherwise defined by rule.
Sec. 5460. (1) "Target housing"
means housing constructed before 1978, except any of the following:
(a) Housing
for the elderly or persons with disabilities, unless any 1 or more children age
6 years or less resides or is expected to reside in that housing.
(b) A
0-bedroom dwelling.
(c) An unoccupied
dwelling unit pending demolition, provided the dwelling unit remains unoccupied
until demolition.
(2)
"Third party examination" means the examination for certification
under this part in the disciplines of clearance technician, inspector, risk
assessor, worker, and supervisor offered and administered by a party other than
an accredited training program.
(3)
"Training curriculum" means an established set of course topics for
instruction in an accredited training program for a particular discipline designed
to provide specialized knowledge and skills.
(4)
"Training hour" means not less than 50 minutes of actual learning,
including, but not limited to, time devoted to lecture, learning activities,
small group activities, demonstrations,
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evaluations, or hands-on experience or a combination of those
activities.
(5)
"Training manager" means the individual responsible for administering
an accredited training program and monitoring the performance of principal
instructors and guest instructors.
(6) "Vertical containment" means a vertical barrier
consisting of plastic sheeting or other impermeable material over scaffolding
or a rigid frame, or an equivalent system of containing the work area.
(7) (6) "Visual inspection for clearance testing" means the
visual examination of a residential dwelling or a child occupied facility
following an abatement designed to determine whether the abatement has been
successfully completed.
(8) (7) "Visual inspection for risk assessment" means the
visual examination of a residential dwelling or a child occupied facility to
determine the existence of deteriorated paint or other potential sources of
lead-based paint hazards.
(9) "Wet disposable cleaning cloth" means a
commercially available, pre-moistened, white, disposable cloth designed for
cleaning hard surfaces such as uncarpeted floors or countertops.
(10) "Wet mopping system" means a device with all
of the following:
(a) A long handle.
(b) A mop head designed to be used with disposable, absorbent
cleaning pads.
(c) A reservoir for cleaning solution.
(d) A built-in mechanism for distributing or spraying the
cleaning solution onto a floor or a method of equivalent efficacy.
(11) "Work area" means the area that the certified
lead
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abatement supervisor or certified
renovator establishes to contain dust and debris generated by lead hazard control
or renovation work.
Sec. 5460a. (1) This part contains
procedures and requirements for the accreditation of lead-based paint
activities and renovation training programs,
procedures and requirements for the certification of individuals and other
persons engaged in lead-based paint activities and
renovations, and work practice standards for performing lead-based paint
activities and renovations. as that term is defined in section 5458. This part
requires that all lead-based paint activities and
renovations be performed by certified individuals and persons. , except for those
circumstances and persons described in section 5453(2).
(2) This part
does not apply to individuals and persons engaged in lead-based paint
activities and renovations conducted within or on
certain owner-occupied residential and multifamily dwellings as further described in section 5453(2) except in
certain dwellings in which a residing child is identified as having an elevated
blood lead level.
(3) This part
does not require the owner or occupant to undertake any lead-based paint
activities or renovations.
Sec. 5461. (1) A person shall not engage
or offer to engage in a lead-based paint activity or
renovation unless certified in the appropriate discipline under this
part. A person conducting a lead-based paint activity or
renovation shall comply with the standards for performing lead-based
paint activities and renovations contained in this
part and the rules promulgated under this part.
(2) The
department shall certify a person applying for certification under this part if
that person demonstrates to the
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department that he or she is licensed, certified, or registered in
another state and the standards for obtaining that license, certification, or
registration are substantially similar to those imposed under this part.
Sec. 5461a. (1) A person shall not provide
or offer to provide a training program for lead-based paint activities or renovations unless the training program is
accredited under the appropriate discipline under this part. A person providing
an accredited training program shall comply with the standards for
accreditation and training certification prescribed in this part and the rules
promulgated under this part.
(2) The
department shall accredit a training program if the training program is
registered by the department under the department's voluntary registration
program by August 30, 1998 if the training program submits an application under
section 5462.
Sec. 5462. (1) A person may seek
accreditation for a training program to offer courses in lead-based paint
activities and renovations in 1 or more of the
following disciplines:
(a)
Inspector.
(b) Risk
assessor.
(c)
Supervisor.
(d) Project
designer.
(e) Abatement
worker/laborer.
(f) Clearance
technician.
(g) Renovator.
(h) Dust sampling technician.
(2) A person
may also seek accreditation for a training program to offer refresher courses
for each of the disciplines described in subsection (1).
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(3) A person
shall not provide, offer, or claim to provide EPA-accredited courses in
lead-based paint activities or renovations without
applying for and receiving accreditation from the department under this part.
(4) A person
seeking accreditation for a training program shall submit a written application
to the department containing all of the following:
(a) If the
applicant is a sole proprietorship or corporation, its "doing business
as" or corporate identification number.
(b) The fee
required by section 5471.
(c) The name
of each principal position, partner, shareholder, member, or owner.
(d) The
training program's proposed name, address, and telephone number.
(e) A list of
courses and disciplines for which it is seeking accreditation.
(f) A
statement signed by the training program manager certifying that the training
program meets the requirements established by this part and the rules
promulgated under this part.
(g) A copy of
the student and instructor manuals or other materials to be used for each
course.
(h) A copy of
the course agenda for each course.
(i) A
description of the facilities and equipment to be used for lecture and hands-on
training.
(j) A copy of
the course test blueprint for each course.
(k) A
description of the activities and procedures that will be used for conducting
the hands-on skills assessment for each course.
(l) A copy of the quality control plan as
defined in rules
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promulgated by the department.
(5) The
department shall approve an application for accreditation of a training program
within 180 days after receiving a complete application from the training
program if the department determines that the applicant meets the requirements
of this part and the rules promulgated under this part. In the case of
approval, the department shall send a certificate of accreditation to the
applicant. Before disapproving an application, the department may advise the
applicant as to specific inadequacies in the application for accreditation or
specific instances where the training program does not meet the requirements of
this part or the rules promulgated under this part, or both. The department may
request additional information or materials from the training program under
this section. If the department disapproves a training program's application
for accreditation, the applicant may reapply for accreditation at any time.
(6) A
training program shall must
meet all of the following requirements in order
to become accredited to offer courses in lead-based paint activities and renovations:
(a) Employ a
training manager who has training, education, and experience as described in
rules promulgated by the department.
(b) Provide
that the training manager described in subdivision (a) designate a qualified
principal instructor for each course who has training, education, and
experience as described in rules promulgated by the department.
(c) Provide
that the principal instructor described in subdivision (b) be responsible for
the organization of the course and oversight of the teaching of all course
material. A training manager may designate guest instructors as needed to
provide
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instruction specific to the lecture, hands-on activities, or work
practice components of a course.
(7) The
following documents are recognized by the department as evidence that a
training manager or a principal instructor has the education, work experience,
training requirements, or demonstrated experience specifically listed in rules
promulgated by the department, which documentation is not required to be
submitted with the accreditation application but, if not submitted, must be
retained by the training program as required by the record-keeping requirements
contained in this part:
(a) An
official academic transcript or diploma as evidence of meeting the education
requirements.
(b) A resume,
letter of reference, or documentation of work experience, as evidence of
meeting the work experience requirements.
(c) A
certificate from a train-the-trainer course or a lead-specific training course,
or both, as evidence of meeting the training requirements.
(8) A
training program accredited under this part shall must ensure the availability of, and provide adequate
facilities for, the delivery of the lecture, course test, hands-on training,
and assessment activities including, but not limited to, providing training
equipment that reflects current work practices and maintaining or updating the
equipment and facilities of the training program, as needed.
Sec. 5463. (1) A training program
accredited under section 5462 shall must provide training courses that meet the following
training hour requirements in order to become
accredited in the following disciplines:
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(a) An
inspector course shall must
last a minimum of 24 training hours, with a minimum of 8 hours devoted
to hands-on training activities. The department shall promulgate rules to
determine the minimum curriculum requirements for the inspector course.
(b) A risk
assessor course shall must
last a minimum of 16 training hours, with a minimum of 4 hours devoted
to hands-on training activities. The department shall promulgate rules to
determine the minimum curriculum requirements for the risk assessor course.
(c) A
supervisor course shall must
last a minimum of 32 training hours, with a minimum of 8 hours devoted
to hands-on activities. The department shall promulgate rules to determine the
minimum curriculum requirements for the supervisor course.
(d) A project
designer course shall must
last a minimum of 8 training hours. The department shall promulgate
rules to determine the minimum curriculum requirements for the project designer
course.
(e) An
abatement worker course shall must last a minimum of 16 training hours, with a minimum
of 8 hours devoted to hands-on training activities. The department shall
promulgate rules to determine the minimum curriculum requirements for the
abatement worker course.
(f) A
clearance technician course shall must last a minimum of 8 training hours, with a minimum
of 2 hours devoted to hands-on training activities. The department shall
promulgate rules to determine the minimum curriculum requirements for the
clearance technician course. Until rules are promulgated, a clearance
technician course shall must
use the curriculum for the lead
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sampling technician course approved by the EPA under subpart Q of part 745 of title 40 of the code of federal
regulations.40 CFR 745.320 to 745.339.
(g) The renovator and dust sampling technician course must
last a minimum of 8 training hours, with a minimum of 2 hours devoted to
hands-on training activities.
(2) The
department may promulgate rules to modify 1 or more of the requirements imposed
under subsection (1) if changes are needed to comply with federal mandates or
for another reason considered appropriate by the department.
(3) For each
course offered, the training program shall must conduct a course test at the completion of the
course and, if applicable, a hands-on skills assessment. Each individual
enrolled in the training program must successfully complete the hands-on skills
assessment, if conducted for that course, and receive a passing score on the
course test in order to pass a course.
(4) The
training manager shall maintain the validity and integrity of a hands-on skills
assessment to ensure that it accurately evaluates the trainees' performance of
the work practices and procedures associated with the course topics contained
in rules promulgated under this section and the course test to ensure that it
accurately evaluates the trainees' knowledge and retention of the course
topics.
(5) A
training program's course test shall must be developed in accordance with the test blueprint
submitted with the training program accreditation application.
(6) A
training program shall must
issue course completion certificates to each individual who passes the
training course. The course completion certificates shall
must include all of
the
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following information:
(a) The name
and address of the individual, along with a unique identification number.
(b) The name
of the particular course that the individual passed.
(c) Dates of
course completion and test passage.
(d)
Expiration date of course certificate.
(e) The name,
address, and telephone number of the training program.
(7) The
training manager shall develop and implement a quality control plan designed to
maintain and improve the quality of the training program. The quality control
plan shall must contain
at least both of the following elements:
(a)
Procedures for periodic revision of training materials and the course test to
reflect innovations in the field.
(b)
Procedures for the training manager's annual review of each principal
instructor's competence.
(8) The
training program shall must
offer courses that teach the work practice standards for conducting
lead-based paint activities and renovations and
other standards developed by the EPA pursuant to title IV of the toxic
substances control act, 15 USC chapter 53, subchapter IV,
and considered appropriate or necessary by the department. The work
practice standards shall must
be taught in the appropriate courses to provide trainees with the
knowledge needed to perform the lead-based paint activities and renovations.
(9) The
training manager shall ensure that the training program complies at all times
with all of the requirements of this section and the rules promulgated under
this section.
(10) The
training manager shall allow the department to audit
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the training program to verify the contents of the application for
accreditation.
Sec. 5466. (1) The department may, after
notice and an opportunity for hearing pursuant to the administrative procedures
act of 1969, 1969 PA 306, MCL 24.201 to 24.328, suspend, revoke, or modify a
training program accreditation or a refresher course training program
accreditation if the department determines that a training program, training
manager, or other person with supervisory authority over the training program
has done 1 or more of the following:
(a) Misrepresented
the contents of a training course to the department or the trainees enrolled in
the training program, or both.
(b) Failed to
submit required information or notifications in a timely manner.
(c) Failed to
maintain required records.
(d) Falsified
accreditation records, student certificates, instructor qualifications, or
other accreditation-related information or documentation.
(e) Failed to
comply with the training standards and requirements of this part and the rules
promulgated under this part.
(f) Failed to
comply with a federal, state, or local statute, rule, or regulation involving
lead-based paint activities and renovations.
(g) Made
false or misleading statements to the department in its application for
accreditation or reaccreditation that the department relied upon in approving
the application.
(2) In
addition to an administrative or judicial finding of a
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violation, the execution of a consent agreement in settlement of an
enforcement action is considered, for purposes of this section, evidence of a
failure to comply with the standards and requirements of this part and the
rules promulgated under this part or other relevant statutes or regulations
involving lead-based paint activities and renovations.
Sec. 5468. (1) An individual seeking
certification by the department to engage in lead-based paint activities and renovations shall pay the appropriate fees required
under section 5471 and submit an application to the department demonstrating
either of the following:
(a)
Compliance with the requirements of this part and the rules promulgated under
this part for the particular discipline for which certification is sought.
(b) A copy of
a valid lead-based paint activities or renovation
certification or its equivalent, as determined by the department, from a
training program that has been authorized by the EPA pursuant to 40 C.F.R. CFR part 745
along with proof of the applicant's third party examination results, if applicable.
(2) Following
the submission of an application demonstrating that the requirements of this
part and the rules promulgated under this part have been met, the department
shall certify an applicant in 1 or more of the following disciplines:
(a)
Inspector.
(b) Risk
assessor.
(c)
Supervisor.
(d) Project
designer.
(e) Abatement
worker.
(f) Clearance
technician.
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(g) Renovator.
(h) Dust sampling technician.
(3) Upon
receiving the department certification in 1 or more of the disciplines
described in subsection (2), an individual conducting lead-based paint
activities or renovations shall comply with the
work practice standards for performing that discipline as established under
this part and the rules promulgated under this part.
(4) An
individual shall not conduct a lead-based paint activity
or renovation unless that individual is certified by the department
under this section in the appropriate discipline, except
that a certified renovator may train workers for renovations for a specific
project.
(5) An
individual shall do all of the following in order to
become certified by the department as an inspector, risk assessor, abatement
worker, or supervisor:
(a)
Successfully complete a course in the appropriate discipline and receive a
course completion certificate from an accredited training program.
(b) Pass the
third party exam in the appropriate discipline.
(c) Meet the
experience or education requirements, or both, as described in rules
promulgated by the department.
(6) After an
individual passes the appropriate certification exam and submits an application
demonstrating that he or she meets the appropriate training, education, and
experience requirements and passes the appropriate certification exam, the
department shall issue a certificate to the individual in the specific
discipline for which certification is sought. To maintain certification, an
individual must be recertified pursuant to this part.
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(7) An individual shall applicant for
certification in lead-based paint activities must pass the third party
exam within 6 months after receiving a course completion certificate in order to be eligible for certification. An
individual is not eligible to take the third party exam more than 3 times
within the 6 months after receiving a course completion certificate. An
individual who does not pass the third party exam after 3 attempts shall must repeat the
appropriate course from an accredited training program in order to be eligible to retake the exam.
(8) An
individual shall must do
both of the following in order to become
certified by the department as a project designer:
(a)
Successfully complete a course in the appropriate discipline and receive a
course completion certificate from an accredited training program.
(b) Meet the
experience or education requirements, or both, as described in rules
promulgated by the department.
(9) After an
individual has successfully completed the appropriate training courses, applied
to the department, and met the requirements of this part and the rules
promulgated under this part, the department shall issue a certificate to the
individual in the discipline of project designer. To maintain certification,
the individual must be periodically recertified pursuant to this part.
(10) An applicant pursuing certification as a certified
renovator or dust sampling technician must successfully complete a course in
the appropriate discipline and receive a course completion certificate from an
accredited training program before applying to the department for
certification.
(11) (10) An individual who received training in a lead-based
paint activity between October 1, 1990 and March 1, 1999 and an
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individual who has received lead-based paint activities training at an
EPA-authorized accredited training program are eligible for certification by
the department under rules promulgated by the department.
(12) (11) In order to To maintain certification in a particular
discipline, a certified individual shall must apply to and be recertified in that discipline by
the department every 3 years.
(13) (12) An individual shall must do both of the following in
order to become a certified clearance technician:
(a)
Successfully complete an approved course for the discipline of clearance
technician and receive a course completion certificate.
(b) Pass the
third party exam for the discipline of clearance technician.
Sec. 5469. (1) Beginning
August 30, 1999, a A person shall not
perform or offer to perform lead-based paint activities
or renovations without obtaining certification by the department under
this part.
(2) A person
seeking certification under subsection (1) shall submit to the department a
letter attesting that the person shall only employ appropriately certified
employees under section 5468 to conduct lead-based
paint activities or renovations and that the
person and its employees shall follow the work practice standards for
conducting lead-based paint activities and renovations
as established in rules promulgated by the department.
(3) A person
seeking certification under subsection (1) shall do all of the following:
(a) Complete
the application and pay the appropriate fee
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accompanied by a corporate identification number, certificate of sole
proprietorship, or other business entity documentation acceptable to the
department.
(b) Indicate
whether the applicant has liability insurance.
(c) Submit
proof of Michigan workers' disability compensation insurance.
(d) Submit
proof that each employee or agent involved in lead-based paint activities or renovations has received training and certification
as required by this part.
(e) If
applicable, submit the name of each principal partner, shareholder, member, or
owner.
(4) Not more
than 90 days from the date of receipt of the person's completed application,
the department shall approve or disapprove the person's request for
certification. Within that time period, the department shall respond with
either a certificate of approval or a letter describing the reasons for a
disapproval.
(5) A person
certified by the department under this section shall maintain all records
pursuant to the requirements imposed in rules promulgated by the department.
Sec. 5470. Beginning
on March 1, 1999, all All lead-based paint
activities shall and
renovations must be performed by an individual certified in the
appropriate discipline under this part and pursuant to the work practice
standards prescribed in rules promulgated by the department.
Sec. 5471. (1) Subject to subsection (7),
fees for a person accredited or seeking accreditation for a training program
offering courses or refresher courses in lead-based paint abatement activities and
renovations are as follows:
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(a)
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Initial
application processing fee...
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$
100.00.
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(b)
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Initial
accreditation fee...........
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$475.00 $450.00 per discipline.
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(c)
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Reaccreditation
fee, annual.........
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$265.00 $250.00 per discipline.
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(2) Fees for
an individual certified or seeking certification to engage in lead-based paint abatement activities and
renovations are as follows:
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(a)
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Initial
application processing fee..........
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$
25.00.
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(b)
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Certification
fee, per year if 1 of the following disciplines:
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(i)
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Inspector...................................
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$ 150.00.$125.00.
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(ii)
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Risk
assessor...............................
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$ 150.00.$125.00.
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(iii)
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Supervisor..................................
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$ 50.00.$75.00.
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(iv)
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Project
designer............................
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$ 150.00.$125.00.
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(v)
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Abatement
worker/laborer....................
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$ 25.00.$50.00.
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(c)(vi)
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Clearance technician........................Certification fee,
per every 3 years if a dust sampling technician.............
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$
50.00.
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(3) Fees for
a person certified or seeking certification to engage in lead-based paint abatement activities and
renovations are
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as follows:
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(a)
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Initial
abatement application processing fee..........
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$
100.00.
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(b)
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Certification Abatement firm
certification fee,
per year.................
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$
220.00.
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(c)
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Initial renovation firm application processing fee
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$ 100.00.
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(d)
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Renovation firm certification fee, per year
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$ 60.00.
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(4) If the
department increases fees under subsection (5), the increase shall be is effective
for that fiscal year. The increased fees shall must be used by the department as the basis for
calculating fee increases in subsequent fiscal years.
(5) By August
1 of each year, the department shall provide to the director of the department
of management and budget and to the chairpersons of the appropriations
committees of the senate and house of representatives a complete schedule of
fees to be collected under this section.
(6) The fees
imposed under this part shall must not exceed the actual cost of administering this
part.
(7) The
department may waive the fees for an accredited training program for a person
who has demonstrated that no part of its net earnings benefit any private
shareholder or individual.
Sec. 5472. Before beginning a lead-based
paint abatement, a person conducting lead-based paint abatement shall notify
the department, on forms provided by the department or through electronic
methods approved by the department, regarding information the department
considers necessary in order to conduct an unannounced site inspection. The
person shall send notification
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not less than 3 business days before commencing the lead-based paint
abatement. For renovation projects, which do not require
notification, the department may conduct unannounced site inspections.
Sec. 5473a. (1) The department shall
administer this part and promulgate rules as may be necessary for the administration
and enforcement of this part pursuant to the administrative procedures act of
1969, 1969 PA 306, MCL 24.201 to 24.328. Rules
promulgated under this subsection must do both of the following:
(a) Adopt by reference the provisions of the regulations
issued by the EPA for renovation work practice activities in 40 CFR part 745.
(b) Allow vertical containment to be used in any renovation
or lead-based paint activity.
(2) The
department shall authorize, coordinate, and conduct programs to educate persons
including, but not limited to, homeowners and remodelers of lead hazards
associated with remodeling target housing and methods of lead-hazard reduction
activities.
(3) The
department shall establish a program that provides an opportunity for property
owners, managers, and maintenance staff to learn about lead-safe practices and
the avoidance of creating lead-based paint hazards during minor painting,
repair, or renovation.
(4) Not later
than January 1, 2000, the department shall recommend appropriate maintenance
practices for owners of residential property, day care facilities, and secured
lenders that are designed to prevent lead poisoning among children 6 years of
age or less and pregnant women. In making its recommendations, the department
shall consult with affected stakeholders and shall
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consider the effects of those maintenance practices on the availability
and affordability of housing and credit.
(5) The following
information required to be submitted to the department by certified individuals
and persons under this part and rules promulgated under this part is exempt
from disclosure as a public record under the freedom of information act, 1976
PA 442, MCL 15.231 to 15.246:
(a) The name,
street address, and telephone number of the owner, agent, or tenant of a
residential dwelling where lead-based paint investigations have been conducted.
(b)
Information that could be used to identify 1 or more children with elevated
blood lead levels that have been reported to the department.
(c)
Information contained in an EBL investigation report that could be used to
identify 1 or more children with elevated blood lead levels.
Sec. 5475. (1) The department shall
receive or initiate complaints of alleged violations of this part or rules
promulgated under this part and take action with respect to alleged violations
or complaints as prescribed by this part.
(2) The
department, in its own discretion, or upon the written complaint of an
aggrieved party or of a state agency or political subdivision of this state,
may investigate the acts of an accredited training program, an individual or
other person certified under this part, or a person allegedly engaged in
lead-based paint activity. activities or renovations, or both. The department may
deny, suspend, or revoke certification or accreditation issued under this part
if a certified person, accredited training program, certified individual, or a
person
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allegedly engaged in lead-based paint activity activities or renovations, or both, is found to be not
in compliance with this part or the rules promulgated under this part. In
addition, the department may deny, suspend, or revoke a certification or
accreditation issued under this part for 1 or more of the following:
(a) Willful
or negligent acts that cause a person to be exposed to a lead-containing
substance in violation of this part, the rules promulgated under this part, or
other state or federal law pertaining to the public health and safety aspects
of lead abatement or renovation.
(b)
Falsification of records required under this part.
(c) Continued
failure to obtain or renew certification or accreditation under this part.
(d)
Deliberate misrepresentation of facts or information in applying for
certification or accreditation under this part.
(e)
Permitting a person who has not received the proper training and certification
under this part or other applicable state or federal law to come in contact
with lead or be responsible for a lead abatement or
renovation project.
