Tenn. Comp. R. & Regs. 0400-13-01-.03

Current through October 22, 2024

Section 0400-13-01-.03 - RESIDENTIAL PROPERTY RENOVATION

(1) Purpose and Applicability.

(a) The purpose of this rule is to require each person who performs a renovation of target housing for compensation to provide a lead hazard information pamphlet to the owner and occupant of such housing prior to commencing the renovation.

(b) Except as provided in subparagraph (c) of this paragraph, this rule applies to all renovations of target housing performed for compensation.

(c) This rule does not apply to renovation activities that are limited to the following:

1. Minor repair and maintenance activities.

2. Emergency renovation operations.

3. Renovations in target housing in which a written determination has been made by an inspector (certified by the Commissioner pursuant to paragraph (5) of Rule 0400-13-01-.01) that the components affected by the renovation are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram per square centimeter or 0.5 percent by weight, where the renovator has obtained a copy of the determination.

(2) Definitions.

In addition to the definitions in Rule 0400-13-01-.01, the following definitions apply to this rule, unless otherwise specified:

"The Act" means T.C.A. Title 68, Chapter 131, Part 4, Tennessee Lead-Based Paint Abatement Certification Act.

"Child-occupied facility" means a building or portion of a building, constructed prior to 1978, visited regularly by the same child, under six years of age, 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. Child-occupied facilities may be located in target housing or in public or commercial buildings. With respect to common areas in public or commercial buildings that contain child-occupied facilities, the child-occupied facility encompasses only those common areas that are routinely used by children under age six, such as restrooms and cafeterias. Common areas that children under age six only pass through, such as hallways, stairways, and garages are not included. In addition, with respect to exteriors of public or commercial buildings that contain child-occupied facilities, the child-occupied facility encompasses only the exterior sides of the building that are immediately adjacent to the child-occupied facility or the common areas routinely used by children under age six.

"Compensation" means payment for services rendered in the form of money, goods, or services and bartering.

"Emergency renovation operation" means renovation activities, such as operations necessitated by non-routine failures of equipment, that were not planned but result from a sudden, unexpected event that, if not immediately attended to, presents a safety or public health hazard, or threatens equipment and/or property with significant damage.

"Lessee" means any entity that enters into an agreement to lease, rent, or sublease target housing, including but not limited to individuals, partnerships, corporations, trusts, government agencies, housing agencies, Indian tribes, and nonprofit organizations.

"Minor repair and maintenance activities" are activities, including minor heating, ventilation or air conditioning work, electrical work, and plumbing, that disrupt six square feet or less of painted surface per room for interior activities or 20 square feet or less of painted surface for exterior activities where none of the work practices prohibited or restricted by subparagraph (6)(f) of Rule 0400-13-01-.01 are used and where the work does not involve window replacement or demolition of painted surface areas. When removing painted components, or portions of painted components, the entire surface area removed is the amount of painted surface disturbed. Jobs, other than emergency renovations, performed in the same room within the same 30 days must be considered the same job for the purpose of determining whether the job is a minor repair and maintenance activity.

"Multi-family housing" means a housing property consisting of more than four dwelling units.

"Pamphlet" means the EPA pamphlet developed under 15 U.S.C. § 2686(a) for use in complying with this and other rulemakings under TSCA 15 U.S.C. § 2686(b) and the Residential Lead-Based Paint Hazard Reduction Act, or any state or Tribal pamphlet approved by EPA pursuant to 40 C.F.R. § 745.326 that is developed for the same purpose. This includes reproductions of the pamphlet when copied in full and without revision or deletion of material from the pamphlet (except for the addition or revision of state or local sources of information.)

"Renovator" means an individual who either performs or directs workers who perform renovations. A certified renovator is a renovator who has successfully completed a renovator course accredited by EPA or an EPA-authorized state or Tribal program.

"Residential dwelling" means:

(a) A single-family dwelling, including attached structures such as porches and stoops; or

(b) A single-family dwelling unit in a structure that contains more than one separate residential dwelling unit, and in which each such unit is used or occupied, or intended to be used or occupied, in whole or in part, as the residence of one or more persons.

(3) Information Distribution Requirements.

(a) Renovation of Dwelling Units.

No more than 60 days before beginning renovation activities in any residential dwelling unit of target housing, the renovator shall:

1. Provide the owner of the unit with the pamphlet, and comply with one of the following:

(i) Obtain, from the owner, a written acknowledgment that the owner has received the pamphlet; or

(ii) Obtain a certificate of mailing at least seven days prior to the renovation.

2. In addition to the requirements in part 1. of this subparagraph, if the owner does not occupy the dwelling unit, provide an adult occupant of the unit with the pamphlet, and comply with one of the following:

(i) Obtain, from the adult occupant, a written acknowledgment that the occupant has received the pamphlet; or certify in writing that a pamphlet has been delivered to the dwelling and that the renovator has been unsuccessful in obtaining a written acknowledgment from an adult occupant. Such certification must include the address of the unit undergoing renovation, the date and method of delivery of the pamphlet, names of the persons delivering the pamphlet, reason for lack of acknowledgment (e.g., occupant refuses to sign, no adult occupant available), the signature of the renovator, and the date of signature; or

(ii) Obtain a certificate of mailing at least seven days prior to the renovation.

(b) Renovations in Common Areas.

No more than 60 days before beginning renovation activities in common areas of multi-family housing, the renovator shall:

1. Provide the owner with the pamphlet, and comply with one of the following:

(i) Obtain, from the owner, a written acknowledgment that the owner has received the pamphlet; or

(ii) Obtain a certificate of mailing at least seven days prior to the renovation.

2. Notify in writing, or ensure written notification of, each unit of the multi-family housing and make the pamphlet available upon request prior to the start of renovation. Such notification shall be accomplished by distributing written notice to each affected unit. The notice shall describe the general nature and locations of the planned renovation activities; the expected starting and ending dates; and a statement of how the occupant can obtain the pamphlet, at no charge, from the renovator.

3. Prepare, sign, and date a statement describing the steps performed to notify all occupants of the intended renovation activities and to provide the pamphlet.

4. If the scope, locations, or expected starting and ending dates of the planned renovation activities change after the initial notification, the renovator must provide further written notification to the owners and occupants providing revised information on the ongoing or planned activities. This subsequent notification must be provided before the renovator initiates work beyond that described in the original notice.

(c) Written Acknowledgment.

Sample language for acknowledgment is provided in paragraph (6) of this rule. The written acknowledgments required in subparts (a)1.(i), (a)2.(i), and (b)1.(i) of this paragraph shall:

1. Include a statement recording the owner or occupant's name and acknowledging receipt of the pamphlet prior to the start of renovation, the address of the unit undergoing renovation, the signature of the owner or occupant as applicable, and the date of signature;

2. Be either a separate sheet or part of any written contract or service agreement for the renovation; and

3. Be written in the same language as the text of the contract or agreement for the renovation or, in the case of non-owner-occupied target housing, in the same language as the lease or rental agreement or the pamphlet.

(4) Recordkeeping Requirements.

(a) Renovators shall retain and, if requested, make available to the Commissioner all records necessary to demonstrate compliance with this rule for a period of three years following completion of the renovation activities in target housing.

(b) Records that must be retained pursuant to subparagraph (a) of this paragraph include (where applicable):

1. Reports certifying that a determination had been made by an inspector, certified pursuant to paragraph (5) of Rule 0400-13-01-.01, that lead-based paint is not present in the area affected by the renovation, as described in paragraph (1) of this rule;

2. Signed and dated acknowledgments of receipt as described in subparts (3)(a)1.(i), (3)(a)2.(i), (3)(b)1.(i), of this rule;

3. Certifications of attempted delivery, as described in subpart (3)(a)2.(i) of this rule;

4. Certificates of mailing as described in subparts (3)(a)1.(ii), (3)(a)2.(ii), and (3)(b)1.(ii) of this rule; and

5. Records of notification activities performed regarding common area renovations, as described in parts (3)(b)3. and (3)(b)4. of this rule.

(5) Enforcement and Penalties.

Enforcement of these rules and penalties for violations are set forth in T.C.A. §§ 68-131-404 and 68-131-405.

(6) Acknowledgment and Certification Statements.

(a) Acknowledgment Statement.

1. As required under part (3)(c)1. of this rule, acknowledgments shall include a statement of receipt of the pamphlet prior to the start of renovation, the address of the unit undergoing renovation, the signature of the owner or occupant as applicable, and the date of signature.

2. The following is a sample of language that could be used for such acknowledgments:

I have received a copy of the pamphlet, Protect Your Family From Lead In Your Home, informing me of the potential risk of lead hazard exposure from renovation activity to be performed in my dwelling unit. I received this pamphlet before the work began.

Signature _________________________________

Printed Name ______________________________

Date _____________________________________

Unit Address _______________________________

(b) Certification of Attempted Delivery.

1. When an occupant is unavailable for signature or refuses to sign the acknowledgment of receipt of the pamphlet, the renovator is permitted (per subpart (3)(a)2.(i) of this rule) to certify delivery for each instance. The certification shall include the address of the unit undergoing renovation, the date and method of delivery of the pamphlet, names of the persons delivering the pamphlet, reason for lack of acknowledgment (e.g., occupant refuses to sign, no adult occupant available), the signature of the renovator, and the date of signature.

2. The following is a sample of language that could be used under those circumstances:

(i) Refusal to Sign.

I certify that I have made a good faith effort to deliver the pamphlet, Protect Your Family From Lead In Your Home, to the unit listed below at the dates and times indicated, and that the occupant refused to sign the acknowledgment. I further certify that I have left a copy of the pamphlet at the unit with the occupant.

Signature _________________________________

Printed Name ______________________________

Date _____________________________________

Unit Address ______________________________

Attempted delivery dates and times: ____________

(ii) Unavailable for Signature.

I certify that I have made a good faith effort to deliver the pamphlet, Protect Your Family From Lead In Your Home, to the unit listed below, and that the occupant was unavailable to sign the acknowledgment. I further certify that I have left a copy of the pamphlet at the unit with the occupant.

Signature _________________________________

Printed Name ______________________________

Date _____________________________________

Unit Address ______________________________

Attempted delivery dates and times: ____________

(7) Violations.

(a) It is a violation for a renovator to:

1. Fail or refuse to comply with any provision of this rule.

2. Fail or refuse to establish and maintain records required by paragraph (4) of this rule.

3. Fail to or refuse to make available to the Commissioner records as required by this rule.

4. Fail to or refuse to permit the Commissioner access to records as required by this rule.

5. Fail to or refuse to permit the Commissioner or the Commissioner's authorized representatives entry or inspection of the business premises of persons and firms engaged in renovation during business hours upon presenting credentials identifying themselves as employees of the department.

Tenn. Comp. R. & Regs. 0400-13-01-.03

New rules filed March 7, 2024; effective 6/5/2024. Chapter was transferred from 1200-01-18 which was repealed.

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101; and 68-131-401, et seq.