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U.S. Code as of:
01/19/04
Section 2682. Lead-based paint activities training and certification
(a) Regulations
(1) In general
Not later than 18 months after October 28, 1992, the
Administrator shall, in consultation with the Secretary of Labor,
the Secretary of Housing and Urban Development, and the Secretary
of Health and Human Services (acting through the Director of the
National Institute for Occupational Safety and Health),
promulgate final regulations governing lead-based paint
activities to ensure that individuals engaged in such activities
are properly trained; that training programs are accredited; and
that contractors engaged in such activities are certified. Such
regulations shall contain standards for performing lead-based
paint activities, taking into account reliability, effectiveness,
and safety. Such regulations shall require that all risk
assessment, inspection, and abatement activities performed in
target housing shall be performed by certified contractors, as
such term is defined in section 4851b of title 42. The provisions
of this section shall supersede the provisions set forth under
the heading "Lead Abatement Training and Certification" and under
the heading "Training Grants" in title III of the Act entitled
"An Act making appropriations for the Departments of Veterans
Affairs and Housing and Urban Development, and for sundry
independent agencies, commissions, corporations, and offices for
the fiscal year ending September 30, 1992, and for other
purposes", Public Law 102-139 [105 Stat. 765, 42 U.S.C. 4822
note], and upon October 28, 1992, the provisions set forth in
such public law under such headings shall cease to have any force
and effect.
(2) Accreditation of training programs
Final regulations promulgated under paragraph (1) shall contain
specific requirements for the accreditation of lead-based paint
activities training programs for workers, supervisors, inspectors
and planners, and other individuals involved in lead-based paint
activities, including, but not limited to, each of the following:
(A) Minimum requirements for the accreditation of training
providers.
(B) Minimum training curriculum requirements.
(C) Minimum training hour requirements.
(D) Minimum hands-on training requirements.
(E) Minimum trainee competency and proficiency requirements.
(F) Minimum requirements for training program quality
control.
(3) Accreditation and certification fees
The Administrator (or the State in the case of an authorized
State program) shall impose a fee on -
(A) persons operating training programs accredited under this
subchapter; and
(B) lead-based paint activities contractors certified in
accordance with paragraph (1).
The fees shall be established at such level as is necessary to
cover the costs of administering and enforcing the standards and
regulations under this section which are applicable to such
programs and contractors. The fee shall not be imposed on any
State, local government, or nonprofit training program. The
Administrator (or the State in the case of an authorized State
program) may waive the fee for lead-based paint activities
contractors under subparagraph (A) for the purpose of training
their own employees.
(b) Lead-based paint activities
For purposes of this subchapter, the term "lead-based paint
activities" means -
(1) in the case of target housing, risk assessment, inspection,
and abatement; and
(2) in the case of any public building constructed before 1978,
commercial building, bridge, or other structure or
superstructure, identification of lead-based paint and materials
containing lead-based paint, deleading, removal of lead from
bridges, and demolition.
For purposes of paragraph (2), the term "deleading" means
activities conducted by a person who offers to eliminate lead-based
paint or lead-based paint hazards or to plan such activities.
(c) Renovation and remodeling
(1) Guidelines
In order to reduce the risk of exposure to lead in connection
with renovation and remodeling of target housing, public
buildings constructed before 1978, and commercial buildings, the
Administrator shall, within 18 months after October 28, 1992,
promulgate guidelines for the conduct of such renovation and
remodeling activities which may create a risk of exposure to
dangerous levels of lead. The Administrator shall disseminate
such guidelines to persons engaged in such renovation and
remodeling through hardware and paint stores, employee
organizations, trade groups, State and local agencies, and
through other appropriate means.
(2) Study of certification
The Administrator shall conduct a study of the extent to which
persons engaged in various types of renovation and remodeling
activities in target housing, public buildings constructed before
1978, and commercial buildings are exposed to lead in the conduct
of such activities or disturb lead and create a lead-based paint
hazard on a regular or occasional basis. The Administrator shall
complete such study and publish the results thereof within 30
months after October 28, 1992.
(3) Certification determination
Within 4 years after October 28, 1992, the Administrator shall
revise the regulations under subsection (a) of this section to
apply the regulations to renovation or remodeling activities in
target housing, public buildings constructed before 1978, and
commercial buildings that create lead-based paint hazards. In
determining which contractors are engaged in such activities, the
Administrator shall utilize the results of the study under
paragraph (2) and consult with the representatives of labor
organizations, lead-based paint activities contractors, persons
engaged in remodeling and renovation, experts in lead health
effects, and others. If the Administrator determines that any
category of contractors engaged in renovation or remodeling does
not require certification, the Administrator shall publish an
explanation of the basis for that determination.
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