I do see one big issue – they calculated 215,000 firms would be impacted by this regulation, but right now there are only 1806 firms certified – 12 of them are located in Alabama.
On to the Alabama RRP update:
I must honestly say, reading this was really frustrating. It appears to be a rush job with a lot of copying and pasting going on. They slapped in their abatement & inspector portions along which conflicts with the renovation portions. They have a list of definitions that do not match with other sections (some examples are below). If they had actually started working on this earlier, like Wisconsin, North Carolina, & Iowa they might have actually performed a good service. As it stands, it simply needs to be shredded & started over from scratch. Speaking of copying & pasting – my 3 pages of notes that need some clean up – watch out for the additional permit now required on all older houses if they are built before 78 and the work exceeds $10,000.
420-3-29-.02 Applicability (1) This chapter applies to target housing and child-occupied facilities as defined in 40 CFR § 745.233, and Code of Ala.1975, §§ 22-37A-1 et seq., the Lead Reduction Act of 1997, and as further defined by this chapter except for the following:
233 is the wrong section – should be .82 – Renovations not lead based paint activities which is inspections / abatement
(b) Renovations in target housing or child-occupied facilities in which a certified renovator, using an EPA recognized test kit as defined in
Is the EPA’s approved LeadCheck system approved then for use on Drywall & Plaster? No mention in here or the EPA’s site – Certified Renovator is not in the definitions – that would be an individual renovator
(c) If either method mentioned above in subparagraph (a) and (b) is found to document the existence of lead based paint components within the dwelling at anytime during the project, RR&P practices are no longer valid work practices for the permanent removal or replacement of such components and shall be stopped until a licensed certified abatement contractor can begin abatement practices on said components under regulations Ala. Admin. Code, Chapter 420-3-27.
You have got to be kidding me – do you really understand what you have just done with that one line?
(2) This chapter applies to all persons who are engaged in renovation as defined in 40 CFR §§ 745.80 – .91, and as further defined by this chapter.
Should simply read 745 Subpart E, which covers all aspects – might be picky but it is important if any changes are made to the EPA section
(3) This chapter shall apply to any person contracted by the homeowner to perform renovations, or to plan such activities and also apply where the owner performs such activities in or upon another structure which is not his or her private residence or the portion thereof.
So if they hire someone hourly with no contract? Exempt as written — Rental properties now located where the primary housing is located could also be argued as exempt until you hit part 5
(5) Individuals who perform renovation within their own residential dwellings are not bound by this chapter, unless the dwelling is occupied by a person or persons other than the owner or the owner’s immediate family or a child resides in the dwelling who has been identified as having an elevated blood lead level.
If you followed the EPA’s writing – this would have been covered with 1 easy to read line of text. The second part is superfluous, as they will automatically have to utilize a lead inspector per federal & state laws if they wish to keep their kids
(52) Recognized test kit means a commercially available kit recognized by EPA under Ala. Admin. Code, Rule 420-3-29-.11 (5)(c) 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
No such thing – the EPA does not recognize or perform the testing based off individual State Codes
(56) Residential Dwelling – target housing that is:
(a) A detached single family dwelling unit, including any attached or unattached structures located within the same lot line such as porches and stoops, garages, play equipment, and fences.
(61) Target Housing – any residential dwelling constructed prior to 1978, except housing for the elderly or persons with disabilities (unless one or more children age six (6) years or under resides or is expected to reside in such housing for the elderly or person with disabilities) or any zero-bedroom dwelling.
These contradict each other – the first one says, a detached garage built in 1980 counts as Target Housing if the house was built pre 78 – you are making matters worse here instead of better
420-3-27-.05 Certification of Firms.
(2) A firm seeking renovation (renovator or sampling technician) certification shall submit to the Department an application for certification on a form provided by the Department with a non-refundable application fee of $600 due every five (5) years for each discipline (categories of renovation identified in these rules) and a letter attesting that the firm shall only employ renovators and/or sampling technicians accredited by Safe State…
The EPA only requires 1 Certified Lead Renovator, now this is saying all the renovators must be certified – if they couldn’t train everyone before hand – they sure won’t be able to now
2 – cont… Safe State to conduct renovation activities, and that the firm and its employees shall follow the work practice standards as outlined in Ala. Admin. Code, Rule 420-3-29-.10 for conducting renovation. A list of employees who have been accredited by Safe State as renovator or sampling technician shall be provided with the application along with their accreditation numbers and registration expiration dates.
So, you can’t get a firm cert until you have training completed (not enough trainers) & then the application can take up to 90 days & everyone is to comply on the 22nd of April?
(e) Failed to comply with federal, state, or local lead-based paint statutes, rules, or regulations.
Per the EPA process that you are after, Federal regulations no longer apply as your regulations are to be as strict or stricter than theirs, this applies to all federal regs listed on the EPA side (if you wish to mention the OSHA or HUD statues – those must be mentioned separately but should not apply to a firm certification)
420-3-29-.12 Renovation Project Notification.
(1) No firm or renovator shall engage in a renovation project on target housing or a child occupied facility involving five (5) units or more, or total project cost exceeding $10,000 or more prior to notifying the Department of such activities. All notifications shall be made in writing by mail, electronic-mail, or fax on a form provided by the Department, and must be received at least seven (7) working days prior to commencement of the project. Renovation project notification shall include payment of notification fees according to the following schedule:
(a) $200 per project consisting of five (5) to nineteen (19) units or total project cost exceeding $10,000 up to $24,999.
(b) $500 per project consisting of twenty (20) to forty-nine (49) units or total project cost exceeding $25,000 up to $49,999.
(c) $1,000 per project consisting of fifty (50) units or more or total project cost exceeding $50,000
So a bathroom remodel in a house that may or may not contain lead requires an additional permit?
Then we start getting to the CLR must train the workers, but they are already trained & a whole host of language discrepancies which could easily turn this into a 30 page – “say what” document? You probably do not want to get me started on the grammar.