La. Admin. Code tit. 33 § III-2809
Current through Register Vol. 50, No. 6, June 20, 2024
Section III-2809 - Licensure of Lead ContractorsA. Licensure Requirements1. In order to bid and/or perform abatement activities, lead contractors must obtain a lead-based paint abatement and removal license from the State of Louisiana Licensing Board for Contractors. Prior to obtaining an initial or renewal license, the lead contractor must submit an application for approval, along with the appropriate fees as required in LAC 33:III.223, to the Office of Environmental Services and certify to the department that the following criteria have been, or will be, met. a. For target housing and child-occupied facilities, each qualifying person who conducts lead-based paint activities for the lead contractor is annually accredited as a lead project supervisor in accordance with the provisions of LAC 33:III.2807, and forms LPF-2ci and LPF-2th for each such person have been submitted.b. For commercial buildings and steel structures, each qualifying person for the lead contractor is certified as a lead supervisor/competent person in accordance with SSPC C-3 or equivalent Occupational Safety and Health Administration (OSHA) competent person training, and form LPF-2ci for each such person has been submitted.c. The lead contractor has access to at least one disposal site to receive lead-contaminated waste that may be generated by the lead contractor during the term of the license.d. For target housing and child-occupied facilities, the lead contractor will incorporate the work practice standards in LAC 33:III.2811, and for commercial buildings and steel structures, the lead contractor will adhere to OSHA work practice standards and SSPC requirements, so as to prevent the contamination or recontamination of the environment and protect the public health from the hazards of exposure to lead.e. The lead contractor possesses a worker protection and medical surveillance program consistent with the requirements of OSHA and/or the state health officer.f. For target housing and child-occupied facilities, an accredited lead project supervisor will be present at all times during the lead contractor's abatements.g. For commercial buildings and steel structures, a supervisor who is a certified lead supervisor/competent person in accordance with SSPC C-3 or equivalent OSHA competent person training will be available during commercial lead abatement activities.h. The lead contractor will maintain all records as required by this Chapter.2. Once the person receives a letter of approval, he can apply to the State of Louisiana Licensing Board for Contractors to request a license, subject to its approval. a. Each person who conducts lead-based paint activities for the lead contractor shall be accredited annually in accordance with the provisions of LAC 33:III.2807.b. The lead contractor shall have access to at least one disposal site to receive lead-contaminated waste that may be generated by the lead contractor during the term of the license.c. The lead contractor shall incorporate the work practice standards in LAC 33:III.2811 so as to prevent the contamination or recontamination of the environment and protect the public health from the hazards of exposure to lead.d. The lead contractor shall possess a worker protection and medical surveillance program consistent with the requirements of OSHA and/or the state health officer.e. An accredited lead project supervisor shall be present at all times during all of the lead contractor's abatements.f. The lead contractor shall maintain all records as required by this Chapter.3. Applications for approval may be denied for:a. failure to submit the required documentation and fees;b. submission of inaccurate or falsified information; orc. failure to comply with any of the provisions of this Chapter.4. Letters of approval shall be valid through December 31 of issuance year. In order for lead contractors to be granted renewal, they must follow the procedures of this Subsection.5. Lead contractors shall also submit to the department a signed statement disclosing any violations of state lead-based paint statutes or regulations for which the lead contractor may have been cited by the department or other state or federal agencies. If no citations were received since issuance of the previous letter of approval, that fact shall be stated. The disclosure shall include evidence that all penalties and fees assessed to the lead contractor have been paid in full. The department must receive the statement within 30 days prior to the renewal date, and the statement must be signed by the owner or an officer of the lead contractor's business. The department will approve or disapprove the application within 30 days of receipt of the application.B. Suspension and Revocation of Letters of Approval for Lead Contractors1. The department may suspend and/or revoke a lead contractor's letter of approval if the lead contractor performed work requiring licensure at a job site under one or more of the following situations: a. with individuals who are not accredited and/or who have not successfully completed discipline-specific training in accordance with LAC 33:III.2807;b. failed to use disposal sites approved by the department to receive lead-contaminated waste that may be generated by the lead contractor during the term of the license;c. failed to follow work practice standards that adequately protect the environment and public health from the hazards of exposure to lead;d. failed to utilize a worker protection and medical surveillance program consistent with the requirements of the OSHA and/or the state health officer;e. failed to have an accredited lead project supervisor present during the abatement project; orf. failed to maintain required records.2. In addition to the situations listed in Paragraph B.1 of this Section, the department may suspend or revoke the letter of approval of lead contractors that have failed to comply with any of the provisions of this Chapter.La. Admin. Code tit. 33, § III-2809
Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 23:1671 (December 1997), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2459 (November 2000), LR 28:2338 (November 2002), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2446 (October 2005), LR 33:643 (April 2007), LR 33:2092 (October 2007).AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2054 and 2351 et seq.