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007.40.2-VII. Notification for Lead -- Based Paint Abatements Performed on Target Housing or Ch...

AR ADC 007.40.2-VIIArkansas 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-VII
Formerly cited as AR ADC 007.04.11-VII
007.40.2-VII. Notification for Lead -- Based Paint Abatements Performed on Target Housing or Child-Occupied Facilities
(a) Notification
(1) For all projects involving lead -- based paint abatement activities on target housing or child-occupied facilities, the building owner and/or the licensed lead -- based paint contractor or consultant shall submit written notification on the notification form provided by the Department for each target house intended to be occupied as a single-family dwelling and each child-occupied facility and all applicable fees.
(2) The notice shall be delivered to the Department at least 10 working days prior to commencement of the abatement activities, which includes site preparation;
(A) By hand-delivery, or
(B) By certified mail, return receipt requested, post-marked at least 10 working days before the beginning of the lead -- based paint abatement and addressed to the Department;
(b) Notification form
All written notifications shall be submitted on a form provided by the Department and shall include the following:
(1) Name, street address, contact person, and telephone number for the building owner;
(2) Name, street address, contact person, telephone number, and license number of the licensed lead -- based paint contractor or consultant performing the lead -- based paint abatement;
(3) Scheduled starting and completion dates of the lead -- based paint abatement activities;
(4) Scheduled work hours;
(5) Location and street address of the target house(s) or child-occupied facility(ies) upon which the abatement will be performed, including any apartment number if applicable;
(6) Name, business address, business telephone number, certificate number, and discipline of the person preparing the occupant protection plan and the license number of the firm employing this person for this lead -- based paint activity;
(7) Work practices to be employed during the abatement;
(8) Whether an inspection, risk assessment, or lead-hazard screen has been performed on the structure upon which the abatement will be performed;
(9) If an inspection, risk assessment, or lead-hazard screen has been performed, the date performed, the certificate number, discipline, and name of the individual who performed the lead -- based paint activity, and the license number and name of the firm for whom the individual performed the lead -- based paint activity;
(10) Name, business address, and business telephone number of the laboratory performing any analysis associated with the abatement.
(11) The name, certificate number, and complete telephone number of the supervisor who will be on site and telephone number of the firm employing the supervisor for the particular abatement.
(c) Waiver of notification
The Department may waive the 10-day notification period if an emergency, as defined by this rule, exists, and the building owner and/or the lead -- based paint contractor or lead -- based paint consultant complies with the following:
(1) The building owner and/or the lead -- based paint consultant or lead -- based paint contractor must notify the Department by telephone to request an emergency waiver, stating the nature of the emergency, as soon as the emergency is detected. If such emergency occurs at night, on holidays, or on weekends, the necessary corrective measures may be taken at that time and the telephone call shall be made on the first workday following the detection of the emergency.
(2) The building owner and/or the lead -- based paint contractor or lead -- based paint consultant shall submit a written report to the Department within 24 hours of detecting the emergency, accompanied with the prescribed fee, and the following information:
(A) Street address and apartment number, if any, of the target house(s) or child-occupied facility(ies);
(B) The name, address, and telephone number of the owner of the target house(s) or child-occupied facility(ies);
(C) The date and time the emergency was detected and the name of the person detecting the emergency;
(D) Detailed description and explanation of the facts constituting an emergency;
(E) Name, address, telephone number, and license number of the licensed lead -- based paint contractor or lead -- based paint consultant performing the lead -- based paint abatement;
(F) The name, business address, business telephone number, certificate number, the discipline of the person performing the occupant protection plan, and the date upon which the occupant protection plan was completed;
(G) The name, business address, telephone number, and license number of the firm for whom the occupant protection plan was performed;
(H) The name, address, and telephone number of the laboratory performing the analysis associated with the abatement;
(I) If any inspection, risk assessment, or lead-hazard screen was performed, the name, telephone, address, certificate number and discipline of the person performing the lead -- based paint activity;
(J) The name of the firm, address, telephone number, and license number of the firm for whom the inspection, risk assessment, or lead-hazard screen was performed;
(K) Any documents, including forms, complaints, notices, or orders issued by any state, local, or Federal agency concerning the emergency condition, and
(L) The name, certificate number, and telephone number of the supervisor and the name, license number, and telephone number of the firm employing the supervisor for the particular abatement.
(3) Upon review of the information, the Department may determine the incident was not an emergency and subject to the 10-day notification period.
(d) Notice of deficiency
(1) The Department shall review all notifications for accuracy and completeness and may return a deficient notification to the building owner and/or the lead -- based paint contractor or consultant submitting the notification along with a Notice of Deficiency. The NOI shall be corrected and resubmitted by the building owner and/or contractor or consultant and shall be subject to a new notification period.
(2) The following may result in an enforcement action;
(A) Failure to provide notification of the work practice;
(B) Failure to provide beginning dates for the project;
(C) Failure to provide the applicable certification numbers and license numbers; and
(D) Failure to provide notification of scheduled work hours.
(3) The Department may issue a Notice of Deficiency for notification of emergencies which the Department upon review of information provided by the owner and/or lead -- based paint contractor or lead -- based paint consultant finds was not an emergency as defined by the rule.
(e) Revision of notification
(1) A building owner and/or consultant or contractor who has already submitted a notification shall notify the Department in writing no later than three working days prior to the effective date of the Notice of Intent of any of the following changes accompanied by the prescribed revision fee:
(A) Scheduled work hours;
(B) Licensed firm and the name and certificate number of the supervisor present during the abatement activities;
(C) Work practices; and
(D) Start date.
(2) A building owner and/or consultant or contractor who has already submitted a notification shall notify the Department in writing no later than three working days prior to the effective date of the Notice of Intent of any changes not listed in ยง VII(e)(1). Since an additional fee is not required to accompany these revisions, these revised notifications may be sent by facsimile or by mail.

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-VII, AR ADC 007.40.2-VII
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