216 R.I. Code R. 216-RICR-50-15-12.3

Current through November 7, 2024

Section 216-RICR-50-15-12.3 - Regulated Activities

A. Spot Removal or Minor Repair and Maintenance

1. A Lead Renovation Firm or Lead Contractor licensed by the Department is not required for spot removal or minor repair and maintenance activities.

2. Spot removal or minor repair and maintenance activities include activities that disturb less than six square feet (6 ft²) of interior lead-based paint per room or less than twenty square feet (20 ft²) of exterior lead-based paint, provided that the work does not include:

a. Any window removal/replacement (no de minimis);

b. Any interior mechanical paint removal (no de minimis);

c. Interior or partial demolition activities (no de minimis); or

d. Prohibited work practices specified in § 12.5.8 of this Part.

3. Disturbing lead-based paint in excess of the spot removal de minimis at a regulated facility or for compensation at target housing must be done by a Lead Renovation Firm or Lead Contractor licensed by the Department.

4. When removing painted components, or portions of painted components the entire surface area to be removed is the amount of lead-based paint being disturbed.

5. Any work that disturbs lead-based paint, other than emergency renovation operations, performed in the same room or area within the same thirty (30) day period must be considered the same project for the purpose of determining whether the work is spot removal or renovation, repair, and painting (RRP).

B. Lead Hazard Mitigation (LHM)

1. An owner or his/her designated person who completed a Department approved lead hazard awareness seminar may perform spot removal or minor repair and maintenance activities at their own rental properties.

2. The owner or designated person must be a certified Lead Renovator working under the authority of a Lead Renovation Firm license from the Department for any work that includes:

a. Disturbing painted surfaces in excess of the spot removal deminimis thresholds;

b. Any window removal/replacement (no de minimis);

c. Any interior mechanical paint removal (no de minimis); or

d. Interior or partial demolition activities (no de minimis).

C. Renovation, Repair, and Painting (RRP) and Lead Hazard Control (LHC)

1. RRP and LHC activities must be performed by a Lead Renovation Firm licensed by the Department.

2. The purpose of an RRP project is to perform renovations, repairs, painting and related construction work for reasons other than correcting environmental lead hazards.

3. The purpose of an LHC project is to perform lead hazard control to correct known or assumed environmental lead hazards at a residential dwelling or child care facility.

D. Lead Hazard Reduction (LHR).

1. Lead hazard reduction (LHR) activities must be performed by a Lead Contractor licensed by the Department.

2. The purpose of an LHR project is to perform lead hazard reduction to eliminate all environmental lead hazards at a residential dwelling.

12.3.1Exemptions

A. A Lead Renovation Firm or Lead Contractor is not required for the following activities which are not considered RRP, LHC, or LHR projects for the purposes of this Part:

1. Disturbing painted surfaces which do not contain lead-based paint, as determined by a Lead Inspector, Lead Assessor, or Lead Renovator, pursuant to § 5.7.2 of this Subchapter;

2. Temporary lead hazard control measures, provided that no lead-based paint is disturbed;

3. Spot removal or minor repair and maintenance activities that disturb less than six square feet (6 ft²) of lead-based paint per interior room, provided that no prohibited work practices, as specified in § 12.5.8 of this Part are used, and the work does not involve window removal/replacement, interior mechanical paint removal, or interior demolition activities;

4. Spot removal or minor repair and maintenance activities that disturb less than twenty square feet (20 ft²) of exterior lead-based paint, provided that no prohibited work practices specified in § 12.5.8 of this Subchapter or Removal of Lead Based Paint from Exterior Surfaces (250-RICR- 120-05 - 24), are used and the work does not involve window removal/replacement or partial demolition activities;

5. Encapsulation or enclosure of painted surfaces, provided that the total amount of lead-based paint that is disturbed does not exceed the spot removal de minimis;

6. Remediation of lead-contaminated dust, which was not generated during RRP, LHC, or LHR activities;

7. Remediation of lead-contaminated soil;

8. Remediation of lead-contaminated drinking water; and/or

9. Complete razing of an entire free-standing building or structure, in accordance with all applicable DEM air pollution control requirements, when permitted for such by an appropriate municipal or State agency.

12.3.2Responsibilities

A. Lead Renovation Firm

1. For each RRP or LHC project, the Lead Renovation Firm shall ensure that the following requirements are met (when applicable):

a. The firm is licensed by the Department pursuant to Part 11 of this Subchapter;

(1) Any subcontractors are licensed by the Department pursuant to Part 11 of this Subchapter;

b. Pre-renovation education (PRE) information is distributed pursuant to § 12.4 of this Part;

c. The property owner is informed of the cleaning verification procedure and/or clearance inspection requirements;

d. For exterior work, Notification of Removal of Exterior Lead Based Paint is made pursuant to Removal of Lead-Based Paint from Exterior Surfaces (250-RICR- 120-05-24);

e. A certified Lead Renovator is assigned as the person responsible for oversight of each RRP or LHC project and discharges all the Lead Renovator responsibilities identified in § 12.3.2(B) of this Part;

f. For RRP projects that include any window replacement, interior mechanical paint removal, demolition activities, or any variance from this Part granted by the Department, a Start Work Notification (Form PBLC-9), pursuant to § 12.4.1 of this Part, is received by the Department at least seven (7) days before the work begins;

g. For all LHC projects, a Start Work Notification (Form PBLC-9), pursuant to § 12.4.1 of this Part, is received by the Department at least seven (7) days before the work begins;

h. All individuals working on behalf of the Lead Renovation Firm are either certified Lead Renovators or have been trained by a certified Lead Renovator, pursuant to § 12.3.2(B)(1)(c) of this Part, and the training is documented.

i. All RRP and LHC work is performed pursuant to §§ 12.5 and 12.6 of this Part, and/or Removal of Lead-Based Paint from Exterior Surfaces (250-120-05-24), as applicable;

j. The worker protection requirements of OSHA 29 C.F.R. § 1926.62 and 29 C.F.R. § 1910.125 are met;

k. The waste transportation and disposal requirements of DEM and DOT are met; and

l. The recordkeeping requirements of § 12.8 of this Part are met.

B. Lead Renovator

1. For each RRP or LHC project, the Lead Renovator shall ensure that the following requirements are met (when applicable):

a. A certified Lead Renovator is physically on-site to perform and/or supervise all RRP or LHC activities;

b. The work area(s) are contained so that no lead dust, paint chips, or other debris leave the containment area(s) while the RRP or LHC work is in progress;

c. Any non-certified workers are trained in the lead-safe work practice requirements which they must follow in performing their assigned tasks, and the training is documented;

d. All RRP or LHC tasks are performed following the lead-safe work practice requirements in §§ 12.5 and 12.6 of this Part, and/or Removal of Lead Based Paint from Exterior Surfaces (250-RICR- 120-05-24), as applicable;

e. The documentation specified in § 12.8(A) of this Part is maintained on-site for the duration of the project;

f. The integrity of the containment is maintained for the duration of the project;

g. All warning signs remain in place and readable for the duration of the project;

h. The work area(s) are cleaned pursuant to § 12.6 of this Part;

i. A visual assessment of the work area(s) is conducted at the conclusion of the RRP or LHC work;

j. For RRP projects, the cleaning verification procedure is performed and documented on the RRP checklist;

k. For LHC projects, the owner and Lead Inspector are notified when the project is ready for the clearance inspection;

m. Warning signs and critical barriers are removed after the cleaning verification is successfully completed or dust wipe clearance is achieved;

n. For RRP projects, the RRP checklist is completed, signed, and provided to the owner; and

o. For LHC projects, a copy of the lead certificate, signed by the Lead Inspector who conducted the clearance inspection, is obtained.

C. Lead Contractor Responsibilities

1. For each LHR project, the Lead Contractor shall ensure that the following requirements are met (when applicable):

a. The organization is licensed by the Department pursuant to Part 11 of this Subchapter;

(1) Any subcontractors are licensed by the Department pursuant to Part 11 of this Subchapter;

b. Pre-renovation education (PRE) information is distributed pursuant to § 12.4 of this Part;

c. The property owner is informed of the clearance inspection and Conditional Lead-Safe Certificate (Form PBLC-15) or Full Lead-Safe Certificate (Form PBLC-21) requirements;

d. For exterior work, Notification of Removal of Exterior Lead Based Paint is made pursuant to DEM Regulation Removal of Lead-Based Paint from Exterior Surfaces (250-RICR- 120-05-24);

e. A Start Work Notification (Form PBLC-9), pursuant to § 12.4.1 of this Part, is received by the Department at least seven (7) days before the work begins;

f. The Lead Supervisor assigned to each LHR project discharges all the Lead Supervisor responsibilities delineated in § 12.3.2(B) of this Part;

g. All individuals working on behalf of the Lead Contractor are licensed Lead Supervisors or Lead Workers;

h. An access logbook with consecutively numbered pages is maintained at each LHR project site;

i. All LHR work is performed pursuant to §§ 12.5 of this Part, and/or DEM Regulation Removal of Lead-Based Paint from Exterior Surfaces (250-RICR- 120-05-24), as applicable;

j. The worker protection requirements of 294 C.F.R. §§ 1926.62 and 1910.1025 are met;

k. The waste transportation and disposal requirements of DEM and DOT are met; and

l. The recordkeeping requirements of § 12.8 of this Part, are met.

D. Lead Supervisor

1. For each LHR project, the Lead Supervisor shall ensure that the following requirements are met (when applicable):

a. A Lead Supervisor is physically on-site to perform and/or supervise all LHR activities;

b. The Department is notified by telephone, pursuant to § 12.4.1(H) of this Part, when on-site preparation for the LHR project begins;

c. The work area(s) are contained so that no lead dust, paint chips, or other debris leave the containment area(s) while the LHR work is in progress;

d. All Lead Supervisor and Lead Worker licenses are either worn or prominently posted at the LHR project site;

e. Each person gaining access to a containment area prints and signs their name in the access logbook, documenting the date and time entering and leaving the containment area, and includes their LHR license number or affiliation and reason for entering the containment area;

f. All LHR tasks are performed following the lead-safe work practice requirements pursuant to § 12.5 of this Part, and/or Removal of Lead-Based Paint from Exterior Surfaces (250-RICR- 120-05-24), as applicable;

g. The documentation requirements of § 12.8(A) of this Part are maintained on-site for the duration of the project;

h. The integrity of the containment is maintained for the duration of the project;

i. Warning signs remain in place and readable for the duration of the project;

j. The work area(s) are cleaned pursuant to § 12.6 of this Part;

k. The owner and Lead Inspector are notified when the project is ready for the clearance inspection;

l. Warning signs and critical barriers remain in place until after dust wipe clearance is achieved; and

m. A copy of the lead certificate, issued by the Lead Inspector who conducted the clearance inspection, is obtained.

216 R.I. Code R. 216-RICR-50-15-12.3

Adopted effective 1/2/2022