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007.40.2-I. General Provisions

AR ADC 007.40.2-IArkansas Administrative CodeEffective: September 27, 2021

West's Arkansas Administrative Code
Title 007. Department of Health
Division 40. Center for Public Health Practice
Rule 2. Rules Pertaining to Lead-Based Paint Activities
Effective: September 27, 2021
Ark. Admin. Code 007.40.2-I
Formerly cited as AR ADC 007.04.11-I
007.40.2-I. General Provisions
Currentness
(a) Authority
The following rules of the Arkansas Board of Health are adopted pursuant to the Lead -- Based Paint Hazard Act of 2011 (Ark. Code Ann. ยง 20-27-2501 et seq.) hereinafter referred to as the Act. These rules shall be known as the Rules Pertaining to Lead -- Based Paint Activities.
(b) Affected facilities, regulated activities and purpose
(1) This rule affects two types of facilities, target housing and child-occupied facilities.
(2) This rule addresses lead -- based paint activities which include the following:
(A) inspection -- as defined by this rule,
(B) lead-hazard screen;
(C) risk assessment -- as defined by this rule, and
(D) abatement -- as defined by this rule.
(3) The purpose of this rule is to do the following:
(A) Establish procedures and requirements for the licensing of lead -- based paint activities training programs,
(B) Establish procedures and requirements for the licensing of lead -- based paint activities contractors and consultants,
(C) Establish procedures and requirements for the certification of individuals engaged in lead -- based paint activities,
(D) Establish work practice standards for performing lead -- based paint activities,
(E) Require that all lead -- based paint activities performed in target housing or child-occupied facilities be performed by a licensed lead -- based paint consultant or contractor and certified individuals.
(c) Applicability
(1) This rule applies to all lead -- based paint activities, as defined by this rule, conducted in target housing or child-occupied facilities.
(2) This rule applies to 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 rule regarding lead -- based paint, lead -- based paint activities, and lead -- based paint hazards.
(d) Homeowner exemption
(1) The provisions of this rule do not apply to persons who perform lead -- based paint activities, as defined by this rule, within residential dwellings that they own, except in the following circumstances:
(A) The residential dwelling is occupied by a person or persons other than the owner or the owner's immediate family while the lead -- based paint activities are being performed; or
(B) A child resides in the residential dwelling who has been identified as having an elevated blood lead level.
(e) Scope
Nothing in this rule requires that the owner or occupant undertake any particular lead -- based paint activity. The provisions of this rule establish specific requirements for performing lead -- based paint activities should the lead -- based paint activities be undertaken. As mentioned above, homeowners are not required to undertake any particular lead -- based paint activity and they are exempt from the requirements of this rule except as provided in Section I(d).
(f) Working days and hours
For purpose of submissions required by this rule, any submissions sent to the Department on a weekend or legal holiday shall be receipted as received on the first working day following the weekend or legal holiday. Also for purposes of this rule, a working day shall include the period of time between 8:00 a.m. and 4:30 p.m.
(g) Applicability of other environmental programs
Nothing in this rule precludes the application of other state or federal environmental ordinances, statutes, or rules (including the Clean Air Act, Resource Conservation, and Recovery Act (RCRA), and the Clean Water Act and any permits required under these acts).
(h) Certification and licensing requirement
(1) All lead -- based paint activities, as defined by this rule, which are performed on target housing or child-occupied facilities must be performed by the following individuals certified in the particular disciplines set forth in this rule who are:
(A) Employed by a licensed contractor or licensed consultant for that particular lead -- based paint activity; or
(B) Employed as an in-house employee for that particular lead -- based paint activity.

Credits

Adopted Dec. 11, 2020; Sept. 27, 2021.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 007.40.2-I, AR ADC 007.40.2-I
End of Document