Tenn. Comp. R. & Regs. 0400-13-01-.01
When used in this chapter, the following terms have the meanings given below unless otherwise specified:
"Abatement" means any measures or set of measures designed to permanently eliminate lead-based paint hazards. "Abatement" includes but is not limited to:
"Accessible surface" means an interior or exterior surface painted with lead-based paint that is accessible for ingestion by a child six years of age or younger.
"Accredited training program" means a training program that has been accredited by the Commissioner pursuant to paragraph (4) of this rule to provide training for individuals engaged in lead-based paint activities in the State of Tennessee.
"Adequate quality control" means a plan or design that ensures the authenticity, integrity, and accuracy of samples, including dust, soil, and paint chip or paint film samples. Adequate quality control also includes provisions for representative sampling pursuant to the requirements of subpart (6)(a)3.(iii) of this rule.
"Arithmetic mean" means the algebraic sum of data values divided by the number of data values (e.g., the sum of the concentration of lead in several soil samples divided by the number of samples).
"Authorized state or Indian tribe" means a state or Indian tribe authorized by EPA pursuant to TSCA 15 U.S.C. § 2684 and 40 C.F.R. § 745.324 to administer the Lead-Based Paint Abatement Program in lieu of EPA.
"Available" means being present at a worksite during all abatement, cleaning, and clearance activities.
"Business day" means Monday through Friday with the exception of federal and state holidays.
"Certified abatement worker" means an individual who has been trained as a lead-based paint abatement worker by the EPA or any authorized state or Indian tribe accredited training program and is certified by the Commissioner to perform abatements.
"Certified firm" means a company, partnership, corporation, sole proprietorship, association, or other business entity that performs lead-based paint activities to which the Commissioner has issued a certificate of approval pursuant to subparagraph (5)(d) of this rule.
"Certified inspector" means an individual who has been trained as a lead-based paint inspector by the EPA or any authorized state or Indian tribe accredited training program and is certified by the Commissioner to conduct inspections. A certified inspector also samples for the presence of lead in dust and soil for the purposes of abatement clearance testing.
"Certified project designer" means an individual who has been trained as a lead-based paint project designer by the EPA or any authorized state or Indian tribe accredited training program and is certified by the Commissioner to prepare abatement project designs, occupant protection plans, and abatement reports.
"Certified risk assessor" means an individual who has been trained as a lead-based paint risk assessor by the EPA or any EPA-authorized state or Indian tribe accredited training program and is certified by the Commissioner to conduct risk assessments. A risk assessor also samples for the presence of lead in dust and soil for the purposes of abatement clearance testing.
"Certified supervisor" means an individual who has been trained as a lead-based paint supervisor by the EPA or any EPA-authorized state or Indian tribe accredited training program and is certified by the Commissioner to supervise and conduct abatements, and to prepare occupant protection plans and abatement reports for a project of 10 or fewer units.
"Child-occupied facility" means a building or portion of a building constructed prior to 1978, visited regularly by the same child, six years of age or under, on at least two different days within any week (Sunday through Saturday period), provided that each day's visit lasts at least three hours and the combined weekly visits last at least six hours, and the combined annual visits last at least 60 hours. Child-occupied facilities may include, but are not limited to, day-care centers, preschools, and kindergarten classrooms.
"Clearance levels" are values that indicate the amount of lead in dust on a surface following completion of an abatement activity. To achieve clearance when dust sampling is required, values below these levels must be achieved.
"Commissioner" means the Commissioner of the Department of Environment and Conservation or the Commissioner's authorized representative.
"Common area" means a portion of a building that is generally accessible to all occupants. Such an area may include, but is not limited to, hallways, stairways, laundry and recreational rooms, playgrounds, community centers, garages, and boundary fences.
"Common area group" means a group of common areas that are similar in design, construction, and function. Common area groups include but are not limited to hallways, stairwells, and laundry rooms.
"Completion date" means the date on which all activities on a permitted lead-based paint abatement project requiring the use of certified individuals are complete, including but not limited to the complete disassembly of all removal area barriers, final clearance testing, and disposal of all lead-based paint waste.
"Component or building component" means specific design or structural elements or fixtures of a building, residential dwelling, or child-occupied facility that are distinguished from each other by form, function, and location. These include, but are not limited to, interior components such as: ceilings, crown molding, walls, chair rails, doors, door trim, floors, fireplaces, radiators and other heating units, shelves, shelf supports, stair treads, stair risers, stair stringers, newel posts, railing caps, balustrades, windows and trim (including sashes, window heads, jambs, sills, or stools and troughs), built-in cabinets, columns, beams, bathroom vanities, counter-tops, and air conditioners. These also include, but are not limited to, exterior components such as: painted roofing, chimneys, flashing, gutters, downspouts, ceilings, soffits, fascias, rake boards, corner boards, bulkheads, doors and door trim, fences, floors, joists, lattice work, railings and railing caps, siding, handrails, stair risers and treads, stair stringers, columns, balustrades, windowsills, or stools and troughs, casings, sashes and wells, and air conditioners.
"Concentration" means the relative content of a specific substance contained within a larger mass, such as the amount of lead (in micrograms per gram or parts per million by weight) in a sample of dust or soil.
"Containment" means a process to protect workers and the environment by controlling exposures to the lead-contaminated dust and debris created during an abatement.
"Course agenda" means an outline of the key topics to be covered during a training course, including the time allotted to teach each topic.
"Course test" means an evaluation of the overall effectiveness of the training that shall test the trainees' knowledge and retention of the topics covered during the training course.
"Course test blueprint" means written documentation identifying the proportion of course test questions devoted to each major topic in the course curriculum.
"Deteriorated paint" means paint that is cracking, flaking, chipping, peeling, or otherwise separating from the substrate of a building component.
"Discipline" means one of the specific types or categories of lead-based paint activities identified in this rule for which individuals may receive training from accredited training programs and become certified by the Commissioner. For example, "abatement worker" is a discipline.
"Distinct painting history" means the application history, as indicated by its visual appearance or a record of application, over time, of paint or other surface coatings to a component or room.
"Division" means the Department of Environment and Conservation, Division of Solid Waste Management.
"Documented methodologies" are state-of-the-art methods or protocols used to sample for the presence of lead in paint, dust, or soil.
"Drip line" means the area within three feet surrounding the perimeter of a building.
"Elevated blood lead level" or "EBLL" means an excessive absorption of lead that is a confirmed concentration of lead in whole blood of 20 ug/dl (micrograms of lead per deciliter of whole blood) for a single venous test or of 15-19 ug/dl in two consecutive tests taken three to four months apart.
"Encapsulant" means a substance that forms a barrier between lead-based paint and the environment using a liquid-applied coating (with or without reinforcement materials) or an adhesively bonded covering material.
"Encapsulation" means the application of an encapsulant.
"Enclosure" means the use of rigid, durable construction materials that are mechanically fastened to the substrate to act as a barrier between lead-based paint and the environment.
"EPA" means the United States Environmental Protection Agency and its divisions and sections.
"Friction surface" means an interior or exterior surface that is subject to abrasion or friction, including but not limited to, certain window, floor, and stair surfaces.
"Guest instructor" means an individual designated by the training program manager or principal instructor to provide instruction specific to the lecture, hands-on activities, or work practice components of a course.
"Hands-on skills assessment" means an evaluation that tests the trainees' ability to satisfactorily perform the work practices and procedures identified in subparagraph (4)(d) of this rule, as well as any other skill taught in a training course.
"Hazardous waste" means any waste as defined in subparagraph (1)(c) of Rule 0400-12-01-.02.
"Housing for the elderly" means retirement communities or similar types of housing reserved for households composed of one or more persons 62 years of age or more at the time of initial occupancy.
"Immediate family" means an individual's family members, including parents, grandparents, children, grandchildren, or legal guardians.
"Impact surface" means an interior or exterior surface that is subject to damage by repeated sudden force such as certain parts of doorframes.
"Inspection" means a surface-by-surface investigation conducted by a lead-based paint inspector or risk assessor to determine the presence of lead-based paint and the provision of a report explaining the results of the investigation.
"Interim controls" means a set of measures designed to temporarily reduce human exposure or likely exposure to lead-based paint hazards, including but not limited to, specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards, and the establishment and operation of management and resident education programs.
"Interior windowsill" means the portion of the horizontal window ledge that protrudes into the interior of the room.
"Last day of the month" means the last business day (Monday through Friday) of the calendar month, excluding state holidays.
"Lead-based paint" means paint or other surface coatings that contain lead equal to or exceeding 1.0 milligrams per square centimeter (mg/cm2), or more than 0.5 percent by weight.
"Lead-based paint abatement project" means the abatement of lead-based paint and lead-based paint hazards and submitted under a common project review notification.
"Lead-based paint activities" means, in the case of target housing and child-occupied facilities, inspection, risk assessment, lead-hazard screen, clearance testing, abatement, and lead-hazard reduction as defined in this rule. This does not include renovation, remodeling, landscaping, or other activities, when such activities are not designed to permanently eliminate lead-based paint hazards, but instead are designed to repair, restore, or remodel a structure, even though these activities may incidentally result in a reduction or elimination of lead-based paint hazards.
"Lead-based paint activities courses" or "training courses" means initial and refresher training courses (worker, supervisor, inspector, project designer, or risk assessor) provided by accredited training programs.
"Lead-based paint hazard" means any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, or lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as detailed in Rule 0400-13-01-.02.
"Lead-hazard reduction activities" means the inspection and assessment of lead-based paint hazards; the planning, implementation, and inspection of interim controls; and activities designed to reduce human exposure to lead-based paint hazards through both interim controls and abatement as determined by the Commissioner.
"Lead-hazard screen" is a limited risk assessment activity that involves limited paint and dust sampling as described in subparagraph (6)(c) of this rule.
"Living area" means any area of a residential dwelling used by one or more children aged six years and under, including but not limited to, living rooms, kitchen areas, dens, playrooms, and children's bedrooms.
"Loading" means the quantity of a specific substance present per unit surface area such as the amount of lead in micrograms contained in the dust collected from a certain surface area divided by the surface area in square feet or square meters.
"Local government" means a county, city, town, borough, parish, district, association, or other public body (including an agency comprised of two or more of the foregoing entities) created under state law.
"Multi-family dwelling" means a structure that has more than one separate residential dwelling unit, which is used or occupied, or intended to be used or occupied, in whole or in part, as the home or residence of one or more persons.
"National certification exam" means an examination prepared by the EPA in a particular discipline that is administered by the Commissioner.
"Occupant" means any entity that has entered into an agreement as a lessee or purchaser of target housing, including but not limited to individuals, partnerships, corporations, trusts, government agencies, housing agencies, Indian tribes, and nonprofit organizations.
"Occupant protection plan" means a written plan, that describes the measure and management procedures that will be taken during abatement to protect building occupants from exposure to lead-based paint hazards. The plan shall be unique to each residential dwelling or child-occupied facility. For projects with 10 or fewer units, the plan shall be prepared by a lead supervisor or project designer. For projects with more than ten units, the plan shall be prepared by a lead project designer. The plan shall include the preparer's signature and certification number.
"Owner" means any entity that has legal title to target housing, including but not limited to individuals, partnerships, corporations, trusts, government agencies, housing agencies, Indian tribes, and nonprofit organizations, except where a mortgagee holds legal title to property serving as collateral for a mortgage loan, in which case the owner would be the mortgagor.
"Paint in poor condition" means more than 10 square feet of deteriorated paint on exterior components with large surface areas; or more than two square feet of deteriorated paint on interior components with large surface areas (e.g., walls, ceilings, floors, doors); or more than 10% of the total surface area of the component is deteriorated on interior or exterior components with small surface areas (e.g., windowsills, baseboards, soffits, trim).
"Permanently covered soil," means soil, that has been separated from human contact by the placement of a barrier consisting of solid, relatively impermeable materials such as pavement or concrete. Grass, mulch, and other landscaping materials are not considered permanent covering.
"Person" means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state, any interstate body, and governmental agency of this state, and any department, agency, or instrumentality of the executive, legislative, or judicial branches of the federal government.
"Play area" means an area of frequent soil contact by children six years of age or under as indicated by factors that include, but are not limited to: the presence of play equipment (e.g., sandboxes, swing sets, and sliding boards), toys, or other children's possessions; observations of play patterns; or information provided by parents, residents, care givers, or property owners.
"Principal instructor" means the individual who has the primary responsibility for organizing and teaching a particular course.
"Project design" means a detailed description of the procedures, processes, and engineering controls that will be used to address the reduction of lead-based paint hazards, protect building occupants from lead exposure, and protect the environment from lead contamination.
"Project owner" means the person paying for the project.
"Reciprocity" means a cooperative interchange of privileges between consenting EPA-authorized states or Indian tribes.
"Recognized laboratory" means an environmental laboratory recognized by EPA or the state pursuant to TSCA 15 U.S.C. § 2685(b) as being capable of performing an analysis for lead compounds in paint, soil, and dust.
"Reduction" means measures designed to reduce or eliminate human exposure to lead-based paint hazards through methods including interim controls and abatement.
"Renovation" means the modification of any existing structure, or portion thereof, that results in the disturbance of painted surfaces, unless that activity is performed as part of an abatement as defined in this paragraph. The term renovation includes (but is not limited to): the removal, modification, or repair of painted surfaces or painted components (e.g., modification of painted doors, surface restoration, window repair, surface preparation activity (such as sanding, scraping, or other such activities that may generate paint dust)); the removal of building components (e.g., walls, ceilings, plumbing, windows); weatherization projects (e.g., cutting holes in painted surfaces to install blown-in insulation or to gain access to attics, planing thresholds to install weather-stripping); and interim controls that disturb painted surfaces. A renovation performed for the purpose of converting a building, or part of a building, into target housing or a child-occupied facility is a renovation under this subpart. The term renovation does not include minor repair and maintenance activities as defined in paragraph (2) of Rule 0400-13-01-.03.
"Residential building" means a building containing one or more residential dwellings.
"Residential dwelling" means:
"Residential dwelling unit" means a single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation.
"Risk assessment" means an on-site investigation, conducted by a person certified by the Commissioner as a risk assessor, to determine and report the existence, nature, severity, and location of lead-based paint hazards in residential dwellings, including:
"Room" means a separate part of the inside of a building, such as a bedroom, living room, dining room, kitchen, bathroom, laundry room, or utility room. To be considered a separate room, the room must be separated from adjoining rooms by built-in walls or archways that extend at least six inches from an intersecting wall. Half walls or bookcases count as room separators if built in. Movable or collapsible partitions or partitions consisting solely of shelves or cabinets are not considered built-in walls. A screened-in porch that is used as a living area is a room.
"Soil sample" means a sample collected in a representative location using ASTM E1727, "Standard Practice for Field Collection of Soil Samples for Lead Determination by Atomic Spectrometry Techniques," or equivalent method.
"Start date" means the first day of any lead-based paint activities training course or lead-based paint abatement activity.
"Start date provided to the Commissioner" means the date included in the original project review notification or the most recent start date provided to the Commissioner in an updated notification.
"State" means the State of Tennessee, Department of Environment and Conservation unless otherwise defined or indicated.
"Target housing" means any housing constructed prior to 1978, except housing for the elderly or persons with disabilities (unless any one or more children aged six years or under resides or is expected to reside in such housing for the elderly or persons with disabilities) or any zero-bedroom dwelling.
"Training curriculum" means an established set of course topics for instruction in an accredited training program for a particular discipline designed to provide specialized knowledge and skills.
"Training hour" means at least 50 minutes of actual learning, including, but not limited to, time devoted to lecture, learning activities, small group activities, demonstrations, evaluations, or hands-on experience.
"Training manager" means the individual responsible for administering a training program and monitoring the performance of principal instructors and guest instructors.
"Training program" or "training provider" means any person offering or seeking accreditation to offer lead-based paint activities courses under this rule.
"Train-the-trainer course" means instruction offered by an accredited or approved institution or school of higher learning that provides instructions on procedures, strategies, tools, and curriculum development for training adults.
"TSCA" means the Toxic Substances Control Act, 15 U.S.C. §§ 2601 to 2692.
"Visual inspection for clearance testing" means the visual examination of a residential dwelling or a child-occupied facility following an abatement to determine whether the abatement has been successfully completed.
"Visual inspection for risk assessment" means the visual examination of a residential dwelling or a child-occupied facility to determine the existence of deteriorated lead-based paint or other potential sources of lead-based paint hazards.
"Weighted arithmetic mean" means the arithmetic mean of sample results weighted by the number of subsamples in each sample. Its purpose is to give influence to a sample relative to the surface area it represents. A single surface sample is comprised of a single subsample. A composite sample may contain from two to four subsamples of the same area as each other and of each single surface sample in the composite. The weighted arithmetic mean is obtained by summing, for all samples, the product of the sample's result multiplied by the number of subsamples in the sample and dividing the sum by the total number of subsamples contained in all samples. For example, the weighted arithmetic mean of a single surface sample containing 60 µg/ft2, a composite sample (three subsamples) containing 100 µg/ft2, and a composite sample (4 subsamples) containing 110 µg/ft2 is 100 µg/ft2. This result is based on the equation [60+(3*100)+(4*110)]/(1+3+4).
"Window trough" means, for a typical double-hung window, the portion of the exterior windowsill between the interior windowsill (or stool) and the frame of the storm window. If there is no storm window, the window trough is the area that receives both the upper and lower window sashes when they are both lowered. The window trough is sometimes referred to as the window "well."
"Zero-bedroom dwelling" means any residential dwelling in which the living area is not separated from the sleeping area. The term includes efficiencies, studio apartments, dormitory housing, military barracks, and rentals of individual rooms in residential dwellings.
For a training program to obtain accreditation from the Commissioner to offer or conduct lead-based paint activities courses, the program shall meet the following requirements:
A training program accredited by the Commissioner to offer lead-based paint courses in the specific disciplines listed in this subparagraph must ensure that its courses of study include, at a minimum, the following topics. Requirements ending in an asterisk (*) indicate areas that require hands-on activities as an integral component of the course.
A training program may seek accreditation to offer refresher training courses in any of the following disciplines: inspector, risk assessor, supervisor, project designer, and abatement worker. To obtain State accreditation to offer refresher training, a training program shall allow the Commissioner to audit the training program to verify the contents of the application for accreditation as described in subparagraph (b) of this paragraph. Any refresher training course offered by a training program shall also meet the following minimum requirements:
Any revocation, suspension, refusal to renew, modification, or denial of an application to renew a training program accreditation shall be conducted in accordance with the Uniform Administrative and Procedures Act, T.C.A. Title 4, Chapter 5, Part 3.
Any revocation, suspension, or denial of an application to renew the certification of an individual or firm shall be conducted in accordance with the Uniform Administrative Procedures Act, T.C.A. Title 4, Chapter 5, Part 3.
Interior Worksite Preparation Levels (Not Including Windows) | ||||
Description | Level 1 | Level 2 | Level 3 | Level 4 |
Typical Application (Hazard Controls) | Dust removal and any abatement or interim control method disturbing no more than two square feet of painted surface per room | Any interim control or abatement method disturbing between two and 10 square feet of painted surface per room | Same as Level 2. | Any interim control or abatement method disturbing more than 10 square feet per room. |
Time Limit Per Dwelling | One workday. | One workday. | Five workdays. | None. |
Resident Location | Inside dwelling, but outside work area. Resident must have lead-safe passage to bathroom, at least one living area, and entry/egress pathways. Alternatively, resident can leave the dwelling during the work day. | Same as Level 1. | Outside the dwelling; but can return in evening after day's work and cleanup are completed. Resident must have safe passage to bathroom, at least one living area, and entry/egress pathways upon return. Alternatively, resident can leave the dwelling until all work is completed. | Outside the dwelling for duration of project; cannot return until clearance has been achieved. |
Containment and Barrier System | Single layer of plastic sheeting on floor extending five feet beyond the perimeter of the treated area in all directions. No plastic sheeting on doorways is required, but a low physical barrier (furniture, wood planking) to prevent inadvertent access by resident is recommended. Children should not have access to plastic sheeting (suffocation hazard). | Two layers of plastic on entire floor. Plastic sheet with primitive airlock flap on all doorways. Doors secured from inside the work area need not be sealed. Children should not have access to plastic sheeting (suffocation hazard). | Two layers of plastic on entire floor. Plastic sheet with primitive airlock flap on all doorways to work areas. Doors secured from inside the work area need not be sealed. Overnight barrier should be locked or firmly secured. Children should not have access to plastic sheeting (suffocation hazard). | Two layers of plastic on entire floor. If entire unit is being treated, cleaned, and cleared, individual room doorways need not be sealed. If only a few rooms are being treated, seal all doorways with primitive airlock flap to avoid cleaning entire dwelling. Doors secured from inside the work area need not be sealed. |
Warning Signs | Required at entry to room but not on building (unless exterior work is also underway). | Same as Level 1. | Posted at main and secondary entryways. | Posted at building exterior near main and secondary entryways. |
Ventilation System | Dwelling ventilation system turned off, but vents need not be sealed with plastic if they are more than five feet away from the surface being treated. Negative pressure zones (with "negative air" machines) are not required, unless large supplies of fresh air must be admitted into the work area to control exposures to other hazardous substances (for example, solvent vapors). | Turned off and all vents in room sealed with plastic. Negative pressure zones (with "negative air" machines) are not required, unless large supplies of fresh air must be admitted into the work area to control exposures to other hazardous substances (for example, solvent vapors). | Same as Level 2. | Same as Level 2. |
Furniture | Left in place uncovered if furniture is more than five feet from working surface. If within five feet, furniture should be sealed with a single layer of plastic or moved for paint treatment. No covering is required for dust removal. | Removed from work area. Large items that cannot be moved can be sealed with a single layer of plastic sheeting and left in work area. | Same as Level 2. | Same as Level 2. |
Cleanup (See Chapter 14 of the U.S. Department of Housing and Urban Development Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing for further discussion of cleanup methods) | HEPA vacuum, wet wash, and HEPA vacuum all surfaces and floors extending 5 feet in all directions from the treated surface. For dust removal work alone, a HEPA vacuum and wet wash cycle is adequate (i.e., no second pass with a HEPA vacuum is needed). Also, wet wash and HEPA vacuum floor in adjacent area(s) used as pathway to work area. Do not store debris inside dwelling overnight; transfer to a locked secure area at the end each day. | HEPA vacuum, wet wash, and HEPA vacuum all surfaces in room. Also, wet wash and HEPA vacuum floor in adjacent area(s) used as pathway to work area. Do not store debris inside dwelling overnight; use a secure locked area. | Remove top layer of plastic from floor and discard. Keep bottom layer of plastic on floor for use on the next day. HEPA vacuum, wet wash, and HEPA vacuum all surfaces in room. Also, wet wash and HEPA vacuum floor in adjacent area(s) used as pathway to work area. Do not store debris inside dwelling overnight; use a secure locked area. | Full HEPA vacuum, wet wash, and HEPA vacuum cycle, as detailed in Chapter 14 of the U.S. Department of Housing and Urban Development Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing. |
Dust Sampling | Clearance only. | Clearance only. | One sample collected outside work area every few jobs plus clearance. | Clearance only. |
Exterior Worksite Preparation Levels (Not Including Windows) | |||
Description | Level 1 | Level 2 | Level 3 |
Typical Applications | Any interim control or abatement method disturbing less than 10 square feet of exterior painted surface per dwelling. Also includes soil control work. | Any interim control or abatement method disturbing 10 to 50 square feet of exterior painted surface per dwelling. Also includes soil control work. | Any interim control or abatement method disturbing more than 50 square feet of exterior painted surface per dwelling. Also includes soil control work. |
Time Limit Per Dwelling | One day. | None. | None. |
Resident Location | Inside dwelling but outside work area for duration of project until cleanup has been completed. Alternatively, resident can leave until all work has been completed. Resident must have lead-safe access to entry/egress pathways. | Relocated from dwelling during workday but may return after daily cleanup has been completed. | Relocation from dwelling for duration of project until final clearance is achieved. |
Containment and Barrier System | One layer of plastic on ground extending 10 feet beyond the perimeter of working surfaces. Do not anchor ladder feet on top of plastic (puncture the plastic to anchor ladders securely to ground). For all other exterior plastic surfaces, protect plastic with boards to prevent puncture from falling debris, nails, etc., if necessary. Raise edges of plastic to create a basin to prevent of unexpected precipitation. Secure plastic to side of building with tape or other anchoring system (no gaps between plastic and building). Weight all plastic sheets down with two-by-fours or similar objects. Keep all windows within 20 feet of working surfaces closed, including windows of adjacent structures. | Same as Level 1. | Same as Level 1. |
Playground Equipment, Toys, | Remove all movable items to a 20-foot distance from | Same as Level 1. | Same as Level 1. |
Sandbox | working surfaces. Items that cannot be readily moved to a 20-foot distance can be sealed with taped plastic sheeting. | ||
Signs | Post warning signs on the building and at a 20-foot perimeter around building (or less if distance to next building or sidewalk is less than 20 feet). | Same as Level 1. | Same as Level 1. |
Weather | Do not conduct work if wind speeds are greater than 20 miles per hour. Work must stop and cleanup must occur before rain begins. | Same as Level 1. | Same as Level 1. |
Porches | One lead-safe entryway must be made available to residents at all times. Do not treat front and rear porches at the same time if there is not a third doorway. | Front and rear porches cannot be treated at the same time if unprotected workers must use the entryway. | Same as Level 2. |
Dust amp; Soil Sampling | Clearance only. | Clearance only. | Clearance only. |
Porches | One lead-safe entryway must be made available to residents at all times. Do not treat front and rear porches at the same time if there is not a third doorway. | Front and rear porches cannot be treated at the same time if unprotected workers must use the entryway. | Same as Level 2. |
Window Treatment or Replacement Work Preparation Levels | |
Appropriate Applications | Any Window Treatment or Replacement. |
Resident Location | Remain inside dwelling but outside work area until project has been completed. Alternatively, can leave until all work has been completed. Resident must have access to lead-safe entry/egress pathway. |
Time Limit Per Dwelling | None. |
Containment and Barrier System | One layer of plastic sheeting on ground or floor extending five feet beyond perimeter of window being treated/replaced. Two layers of plastic taped to interior wall if working on window from outside; if working from the inside, tape two layers of plastic to exterior wall. If working from inside; implement a minimum Interior Worksite Preparation Level 2. Children cannot be present in an interior room where plastic sheeting is located due to suffocation hazard. Do not anchor ladder feet on top of plastic (puncture the plastic to anchor ladders securely to ground). For all other exterior plastic surfaces, protect plastic with boards to prevent puncture from falling debris, nails, etc. (if necessary). Secure plastic to side of building with tape or other anchoring system (no gaps between plastic and building). Weigh all plastic sheets down with two-by-fours or similar objects. All windows in dwelling should be kept closed. All windows in adjacent dwelling that are closer than 20 feet to the work area should be kept closed. |
Signs | Post warning signs on the building and at a 20-foot perimeter around building (or less if distance to next building or sidewalk is less than 20 feet). If window is to be removed from inside, no exterior sign is necessary. |
Security | Erect temporary fencing or barrier tape at a 20-foot perimeter around building (or less if distance to next building or sidewalk is less than 20 feet). Use a locked dumpster, covered truck, or locked room to store debris before disposal. |
Weather | Do not conduct work if wind speeds are greater than 20 miles per hour. Work must stop and cleanup must occur before rain begins, or work should proceed from the inside only. |
Playground Equipment, Toys, Sandbox | Removed from work area and adjacent areas. Remove all items to a 20-foot distance from dwelling. Large, unmovable items can be sealed with taped plastic sheeting. |
Cleaning | If working from inside, HEPA vacuum, wet wash, and HEPA vacuum all interior surfaces within 10 feet of work area in all directions. If working from the exterior, no cleaning of the interior is needed, unless the containment is breached. Similarly, no cleaning is needed on the exterior if all work is done on the interior and the containment is not breached. If containment is breached, then cleaning on both sides of the window should be performed. No debris or plastic should be left out overnight if work is not completed. All debris must be kept in a secure area until final disposal. |
Any paint chip, dust, or soil sample collected pursuant to the work practice standards contained in this paragraph shall be:
Composite dust sampling may only be conducted in the situations specified in subparagraphs (c), (d), and (f) of this paragraph. If such sampling is conducted, the following conditions apply:
All reports or plans required in this paragraph shall be maintained on site by the certified supervisor during abatement activities and by the certified firm or individual that prepared the report for no fewer than three years. The certified firm or individual also shall provide copies of these reports to the building owner who contracted for its services.
A certified firm must notify the Commissioner of lead-based paint activities as follows:
Lead-based paint activities shall only be conducted according to the procedures and work practice standards contained in paragraph (6) of this rule. No individual or firm may offer to perform or perform any lead-based paint activity unless properly certified by the Commissioner to perform that activity according to the procedures in paragraph (5) of this rule.
Enforcement of the provisions of these rules and penalties for violations shall be as set forth in these rules and T.C.A. §§ 68-131-404 and 68-131-405.
The Commissioner and the Commissioner's designated staff have the authority to enter any structure, including residences, where lead-based paint activities have occurred, or are being conducted, for the purpose of determining compliance with lead-based paint abatement requirements, provided they either:
The purpose of this paragraph is to establish and impose fees for certified individuals and firms engaged in lead-based paint activities and persons operating accredited training programs and lead-based paint project review notifications.
Fee amounts in accordance with this paragraph must be paid by:
All training programs applying to the Commissioner for the accreditation and re-accreditation of training programs in one or more of the following disciplines: inspector, risk assessor, supervisor, project designer, and abatement worker.
All firms and individuals seeking certification and re-certification from the Commissioner to engage in lead-based paint activities in one or more of the following disciplines: inspector, risk assessor, supervisor, project designer, and abatement worker.
Training Program | Initial Application Fees | Re-accreditation [Every two years, see Rule 0400-13-01-.01(4)(g)1.] | |
Initial Course | |||
Inspector Risk Assessor Supervisor Worker Project designer | $2,500 $1,760 $3,250 $1,760 $1,010 | $800 $575 $1,025 $575 $355 | |
Refresher Course | |||
Inspector Risk Assessor Supervisor Worker Project designer | $1,010 $1,010 $1,010 $1,010 $640 | $355 $355 $355 $355 $245 | |
Lead-based Paint Activities-Individual | Certification | Annual Registration Renewal | Re-certification [Every three years, see Rule 0400-13-01-.01(5)(c)1. for details.] |
Inspector Risk assessor Supervisor Worker Project designer | $200 $250 $200 $60 $300 | $ 100 $ 125 $ 100 $30 $ 150 | $ 200 $ 250 $ 200 $ 60 $ 300 |
Lead-based Paint Activities-Firm | Certification | Annual Registration Renewal | Certification Renewal [Every three years, see Rule 0400-13-01-.01(5)(d)7.] |
Firm | $ 500 | $ 300 | $ 500 |
Training Program | Initial Application Fees | Re-accreditation [Every two years, see Rule 0400-13-01-.01(4)(g)1.] |
Initial Course | ||
Inspector Risk Assessor Supervisor Worker Project designer | $4,150 $2,900 $5,400 $2,900 $1,600 | $1,350 $1,350 $1,675 $1,350 $580 |
Refresher Course | ||
Inspector Risk Assessor Supervisor Worker Project designer | $1,300 $1,300 $1,300 $1,300 $1,000 | $800 $800 $800 $800 $400 |
To Change or Add an Individual as the Training Manager or Principal Instructor(s) | $250 | |
Lead-Based Paint Activities-Individuals | Application Fees | Re-certification [Every three years, see Rule 0400-13-01-.01(5)(c)1. for details.] |
Inspector Risk assessor Supervisor Worker Project designer | $675 $850 $675 $200 $1,000 | $675 $850 $675 $200 $1,000 |
Certification ID Card Replacement | $50 | |
Lead-Based Paint Activities Certification-Firm | Application Fees | Certification Application Fees for Firms [Every three years in accordance with Rule 0400-13-01-.01(5)(d)7.] |
Lead-Based Paint Activity-Firm | $1,850 | $1,850 |
Replacement Firm Certificate | $150 |
Lead-Based Paint Activities - Project Review Notification Fee | ||
Abatement Type | Project Contract Cost | Project Review Notification Fee |
All types of abatement in single family, multi-family, and child-occupied facilities | All abatement project costs | 0.02 times project contract cost |
Amended/revised project notification for all types of abatement in single family, multi-family and child-occupied facilities | All abatement project costs | $50 |
All Lead-Based Paint inspections, risk assessments, occupant protection, plans, clearance sampling, and project specifications | Not applicable | No Fee |
Individuals required to take a national certification exam in accordance with paragraph (5) of this rule will be assessed a fee of $70 for each exam attempt.
A $50 fee shall be charged for replacement of a registration card or a photo identification certification card or certificate.
The Commissioner will seek to establish written reciprocal arrangements with other EPA-authorized states and Indian tribes that have established training program accreditation and individual certification requirements that meet or exceed the requirements of EPA outlined in 40 C.F.R. Part 745 Subpart L -Lead-Based Paint Activities and these rules. A training program reciprocity agreement may address cooperation in the approval determination, the review (inclusive of conducting record and course audits and compliance monitoring) of training programs, instructors, student testing, and examination administration, curriculum development, policy formulation, and the exchange of information and data. The Commissioner may grant accreditation of training programs and certification of individuals based on a reciprocity agreement provided the training program and individual completes the application process and payment of corresponding fees outlined in paragraph (10) of this rule. In addition, eligible service members and spouses of service members may secure accreditation in accordance with the provisions of T.C.A. § 4-3-1304(d) and 50 U.S.C. § 4025a (January 5, 2023).
Tenn. Comp. R. & Regs. 0400-13-01-.01
Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101; and 68-131-401, et seq.