La. Admin. Code tit. 33 § III-2801

Current through Register Vol. 50, No. 6, June 20, 2024

Section III-2801 - Scope and Applicability

A. This Chapter contains procedures and requirements for the recognition of lead-based paint activities training providers, procedures and requirements for the accreditation of individuals, and licensure of contractors engaged in lead-based paint activities, project notifications, work practice standards for performing such activities, data collection, and reporting of lead hazards at child occupied facilities (COFs), as defined in LAC 33:III.2803 and as specified in LAC 33:III.2813.B and LAC 33:III.2815 (e.g., daycare centers, preschools, or public and nonpublic elementary school facilities). Except as discussed below, all lead-based paint activities, as defined in this Chapter, shall be performed by accredited individuals, laboratories, and licensed contractors.

B. This Chapter applies to all persons and contractors who are engaged in lead-based paint activities in target housing, as defined in LAC 33:III.2803, and COFs, except persons who perform these activities within residential dwellings that they own, unless the residential dwelling is occupied by a person or persons other than the owner or the owner's immediate family while these activities are being performed, or a child residing in the building has been identified as having an elevated blood lead level.

C. Public entities are exempt from the requirements for licensure; however, employees of public entities must be accredited in the appropriate disciplines. Public entities shall not be required to pay accreditation fees or notification fees.

D. The provisions of this Chapter shall not apply to lead-based paint activities or to persons performing such activities when such activities are performed wholly within an industrial facility and are performed by persons who are subject to the training requirements of the Occupational Safety and Health Administration's hazard communication standard.

E. All modifications to facilities or structures and to their component systems that may occur in conjunction with a lead abatement activity shall be designed in accordance with applicable state and municipal building codes.

F. 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 Chapter regarding lead-based paint, lead-based paint activities, and lead-based paint hazards.

G. While this Chapter establishes specific requirements for performing lead-based paint activities should they be undertaken, nothing in this Chapter requires that the owner or occupant undertake any particular lead-based paint activity.

La. Admin. Code tit. 33, § III-2801

Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 23:1662 (December 1997), amended LR 24:1686 (September 1998), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 28:2335 (November 2002), amended by the Office of the Secretary, Legal Division, LR 39:1466 (June 2013).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2054 and 2351 et seq.