Ala. Admin. Code r. 420-3-27-.02

Current through Register Vol. 43, No. 1, October 31, 2024

Section 420-3-27-.02 - Applicability

(1) This chapter applies to target housing and child-occupied facilities as defined in 40 CFR 745.223, and as further defined by this chapter.

(2) This chapter applies to all persons who are engaged in lead hazard reduction activities as defined in 40 CFR (Code of Federal Regulation) Part 745 §§.220-.227 and .233, and as further defined by this chapter.

(3) This chapter shall apply to any person contracted by the homeowner to perform lead hazard reduction activities, abatement, 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.

(4) Each department, agency, and instrumentality of the executive, legislative, and judicial branches of the federal government or the state of Alabama having jurisdiction or control over any property or facility, or engaged in any activity resulting in or which may result in a lead-based paint hazard, and each officer, agent, or employee thereof, is subject to and must comply with all substantive and procedural requirements regarding lead-based paint, lead-based paint activities, and lead hazard reduction activities set out herein and in any local, state, or federal regulations.

(5) Individuals who perform these activities 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.

Ala. Admin. Code r. 420-3-27-.02

New Rule: Filed July 20, 1998; effective August 24, 1998. Amended: Filed June 25, 2003; effective July 30, 2003.

Amended by Alabama Administrative Monthly Volume XL, Issue No. 03, December 30, 2021, eff. 2/13/2022.

Authors: Phyllis Mardis, Salvador Gray, Charles Brookins, Gary Jones, Steven McDaniel

Statutory Authority:Code of Ala 1975, § 22-37A-1, et seq.