PRIOR PRINTER'S NO. 1523 PRINTER'S NO. 2096
No. 1335 Session of 1995
INTRODUCED BY ARMSTRONG, GLADECK, BELFANTI, MILLER, BELARDI,
STURLA, HENNESSEY, E. Z. TAYLOR, LAUGHLIN, WOGAN, YOUNGBLOOD,
ITKIN, CIVERA, TRELLO, CORNELL, RICHARDSON, MARKOSEK,
SANTONI, STERN, TRUE, MIHALICH, BUTKOVITZ, ALLEN, MELIO,
CAWLEY, BUXTON, LEVDANSKY, YEWCIC, TIGUE, STEIL, WAUGH,
WALKO, CHADWICK, EGOLF, ROHRER, SURRA, DURHAM, CONTI, KENNEY,
MASLAND, PICCOLA, STABACK, DALEY, NICKOL AND MARSICO,
APRIL 6, 1995
AS REPORTED FROM COMMITTEE ON LABOR RELATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 14, 1995
AN ACT
1 Requiring the certification of individuals engaged in lead-based <--
2 paint activities; establishing minimum training requirements
3 for the various occupations that perform lead-based paint
4 activities; requiring training to be provided by accredited
5 training programs; establishing standards for performing
6 lead-based paint activities; providing for the enforcement of
7 standards; requiring the licensure of lead contractors;
8 establishing interim regulations; establishing fees for
9 accreditation, certification and licensure; requiring prior
10 notification; establishing the Lead-Based Paint Abatement
11 Advisory Committee; establishing reciprocal arrangements with
12 other states; and further providing for a continuing
13 appropriation.
14 TABLE OF CONTENTS
15 Section 1. Short title.
16 Section 2. Legislative findings and intent.
17 Section 3. Definitions.
18 Section 4. Regulations.
19 Section 5. Interim regulations.
20 Section 6. Accreditation of training programs.
1 Section 7. Certification standards and procedures.
2 Section 8. Licensure of contractors.
3 Section 9. Reciprocity.
4 Section 10. Fund.
5 Section 11. Suspension and revocation.
6 Section 12. Fees.
7 Section 13. Enforcement and penalties.
8 Section 14. Appeals and hearings.
9 Section 15. Work practice standards.
10 Section 16. Notification requirements.
11 Section 17. Use of accredited sampling laboratories.
12 Section 18. Data collection program.
13 Section 19. Public education.
14 Section 20. Analysis and reporting of blood-lead test results.
15 Section 21. Reporting of hazardous conditions.
16 Section 22. Lead-Based Paint Abatement Advisory Committee.
17 Section 23. Relationship to Federal law.
18 Section 24. Severability.
19 Section 25. Effective date.
20 REGULATING LEAD-BASED PAINT ACTIVITIES. <--
21 TABLE OF CONTENTS
22 SECTION 1. SHORT TITLE.
23 SECTION 2. LEGISLATIVE FINDINGS AND INTENT.
24 SECTION 3. DEFINITIONS.
25 SECTION 4. REGULATIONS.
26 SECTION 5. ACCREDITATION OF TRAINING PROGRAMS.
27 SECTION 6. CERTIFICATION STANDARDS AND PROCEDURES.
28 SECTION 7. RECIPROCITY.
29 SECTION 8. FUND.
30 SECTION 9. FEES.
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1 SECTION 10. ENFORCEMENT AND PENALTIES.
2 SECTION 11. ADMINISTRATIVE AGENCY LAW.
3 SECTION 12. WORK PRACTICE STANDARDS.
4 SECTION 13. DATA COLLECTION PROGRAM.
5 SECTION 14. PREEMPTION.
6 SECTION 15. SEVERABILITY.
7 SECTION 16. EFFECTIVE DATE.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Short title.
11 This act shall be known and may be cited as the Lead
12 Accreditation, Certification and Work Practice CERTIFICATION <--
13 Act.
14 Section 2. Legislative findings and intent.
15 (a) Findings.--The General Assembly finds as follows:
16 (1) Lead poisoning is a significant health hazard to the
17 citizens of this Commonwealth. Lead poisoning is particularly
18 a hazard to children, who typically are exposed to lead
19 through environmental sources such as lead-based paint in
20 housing and lead-contaminated dust and soil. It is the policy
21 of this Commonwealth to protect the health and welfare of its
22 citizens through reduction of lead in the environment.
23 (2) Improper abatement of lead-based paint within this
24 Commonwealth constitutes a serious threat to the public
25 health and safety and to the environment. The handling of
26 lead-containing substances by inadequately trained employers,
27 employees and other persons subjects the citizens of this
28 Commonwealth to the risk of further release of lead into the
29 environment.
30 (b) Intent.--The General Assembly declares the following to
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1 be the intent of this act:
2 (1) To protect the public health by preventing exposure
3 to lead through regulation of lead-based paint activities.
4 (2) To establish a program to train individuals engaged
5 in lead-based paint activities to insure they have the
6 necessary skill, training, experience and competence to
7 perform these activities.
8 (3) To monitor the work practices of those persons
9 performing lead-based paint activities to insure the work is
10 performed in accordance with required standards.
11 (4) To insure that the cleanup, disposal and
12 postabatement clearance testing activities of persons
13 performing lead-based paint activities are performed in
14 accordance with required standards.
15 Section 3. Definitions.
16 The following words and phrases when used in this act shall
17 have the meanings given to them in this section unless the
18 context clearly indicates otherwise:
19 "Abatement." Any set of measures designed to eliminate or
20 reduce lead-based paint hazards in accordance with standards
21 established by the Environmental Protection Agency. The term
22 includes all of the following:
23 (1) The removal of lead-based paint and lead-
24 contaminated dust, the permanent containment or encapsulation
25 of lead-based paint, the replacement of lead-painted surfaces
26 or fixtures and the removal or covering of lead-contaminated
27 soil.
28 (2) All preparation, cleanup, disposal and postabatement
29 clearance testing activities associated with such measures.
30 (3) Less-than-full abatement whereby the sources of lead
19950H1335B2096 - 4 -
1 contamination are reduced sufficiently to create a "lead-
2 safe" environment rather than a "lead-free" environment.
3 (4) Abatement does not include renovation and remodeling
4 activities by contractors whose primary intent is not to
5 permanently eliminate or reduce lead-based paint hazards, but
6 is instead to repair, restore or remodel a given structure or
7 dwelling. Nor does it include renovation and remodeling
8 activities conducted by homeowners in their homes.
9 "Accessible surface." An interior or exterior surface
10 painted with lead-based paint that is accessible for a young
11 child to mouth or chew.
12 "Advisory committee." The Lead-Based Paint Abatement <--
13 Advisory Committee established under section 22.
14 "CDC." The United States Centers for Disease Control and
15 Prevention.
16 "CERTIFIED CONTRACTOR." A PERSON, FIRM, COMPANY OR <--
17 INSTITUTION WHICH HAS BEEN APPROVED BY THE DEPARTMENT OF LABOR
18 AND INDUSTRY TO PERFORM LEAD-BASED PAINT ACTIVITIES IN THIS
19 COMMONWEALTH.
20 "Commercial building." A building constructed for the
21 purpose of commercial or industrial activity and not primarily
22 intended for use by the general public, office complexes,
23 industrial buildings, warehouses, factories and storage
24 facilities.
25 "Deleading." Activities conducted by a person who offers to
26 eliminate or reduce lead-based paint or lead-based paint hazards
27 or to plan such activities.
28 "Demolition." Pulling down or completely destroying a
29 building or structure or substantial removal of building
30 elements.
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1 "Department." The Department of Labor and Industry of the
2 Commonwealth.
3 "Discipline." A classification for a specific lead hazard
4 activity.
5 "EPA." The Environmental Protection Agency.
6 "Friction surface." An interior or exterior surface that is
7 subject to abrasion or friction. The term includes, but is not
8 limited to, certain window, floor and stair surfaces.
9 "Fund." The fund established in section 10 8 of this act. <--
10 "Hands-on assessment." An evaluation which tests the <--
11 trainees' ability to perform specified work practices and
12 procedures satisfactorily.
13 "Hands-on training." Instruction during which students
14 practice skills that they will perform at the work site.
15 "Hazard activities." Any set of measures designed to
16 eliminate or reduce lead hazards in accordance with standards
17 established by the Environmental Protection Agency and other
18 Federal agencies.
19 "Hazardous condition." Any condition that causes exposure to
20 lead from lead-contaminated dust, lead-contaminated soil or a
21 lead-contaminated paint that is deteriorated or present in
22 accessible surfaces, friction surfaces or impact surfaces that
23 would result in adverse human health effects as established by
24 the administrator of the Environmental Protection Agency under
25 section 403 of the Toxic Substance Control Act (Public Law 94-
26 469, 15 U.S.C. § 2683).
27 "HUD." The Department of Housing and Urban Development.
28 "Impact surface." An interior or exterior surface that is
29 subject to damage by repeated impacts, for example, certain
30 parts of door frames.
19950H1335B2096 - 6 -
1 "Inspection."
2 (1) A surface-by-surface investigation to determine the
3 presence of lead-based paint, as provided in section 302(c)
4 of the Lead-Based Paint Poisoning Prevention Act (Public Law
5 91-695, 42 U.S.C. § 4822(c)).
6 (2) The provision of a written report explaining the
7 results of the investigation.
8 "Inspector-risk assessor." A person trained and certified to
9 perform all activities of the inspector-technician, as well as
10 to identify the presence of lead-based paint and to collect
11 additional information designed to assess the level of risk to
12 residents of target housing.
13 "Inspector-technician." A person trained and certified to
14 perform inspections solely for the purpose of determining the
15 presence of lead-based paint through the use of onsite testing,
16 such as XRF analysis, and the collection of samples for
17 laboratory analysis.
18 "Lead-based paint." Paint or other surface coatings that
19 contain lead in excess of current Department of Housing and
20 Urban Development standards or, in the case of paint or other
21 surface coatings on target housing, such lower level as may be
22 established by the Secretary of Housing and Urban Development
23 under the Lead-Based Paint Poisoning Prevention Act (Public Law
24 91-695, 42 U.S.C. § 4822(c)).
25 "Lead-based paint activities."
26 (1) With respect to target housing, the term includes
27 risk assessment, inspection and abatement.
28 (2) With respect to a public building constructed before
29 1978 or any commercial building, bridge or other structure or
30 superstructure, the term includes identification of lead-
19950H1335B2096 - 7 -
1 based paint and materials containing lead-based paint,
2 deleading, removal of lead from bridges and demolition.
3 "Lead-based paint hazard." A condition that causes exposure
4 to lead from lead-contaminated dust, lead-contaminated soil or
5 lead-contaminated paint that is deteriorated or present in
6 accessible surfaces, friction surfaces or impact surfaces, which
7 exposure would result in adverse human health effects as
8 established by the Department of Labor and Industry.
9 "Licensed contractor." A person, firm, company or <--
10 institution which has been approved by the Department of Labor
11 and Industry to perform lead-based paint activities in this
12 Commonwealth.
13 "OSHA." The Occupational Safety and Health Administration.
14 "Person." Includes a public or municipal corporation or an <--
15 agency, bureau, department or instrumentality of State or local
16 government.
17 "PERSON." ANY OF THE FOLLOWING: <--
18 (1) AN INDIVIDUAL.
19 (2) ANY CORPORATION, PARTNERSHIP OR ASSOCIATION.
20 (3) THE COMMONWEALTH. THIS PARAGRAPH INCLUDES AN AGENCY
21 AND INSTRUMENTALITY OF THE COMMONWEALTH.
22 (4) A POLITICAL SUBDIVISION. THIS PARAGRAPH INCLUDES AN
23 AGENCY AND INSTRUMENTALITY OF A POLITICAL SUBDIVISION.
24 "Planner-project designer." A person trained and certified
25 to plan and design lead-based paint activities.
26 "Public building." Any building constructed prior to 1978
27 which is generally open to the public or occupied or visited by
28 children. The term includes, but is not limited to, schools,
29 day-care centers, museums, airport terminals, hospitals, stores,
30 restaurants, office buildings, convention centers and government
19950H1335B2096 - 8 -
1 buildings. The term excludes target housing.
2 "Renovation and remodeling activities." Activities whose
3 primary intent is not to permanently eliminate or reduce lead-
4 based paint hazards, but is instead to repair, restore or
5 remodel a given structure or dwelling.
6 "Residential dwelling."
7 (1) A single-family dwelling including attached
8 structures such as porches and stoops; or
9 (2) a single-family dwelling unit in a structure that
10 contains more than one separate residential dwelling unit and
11 in which each such unit is used or occupied, or intended to
12 be used or occupied, in whole or in part, as the home or
13 residence of one or more individuals.
14 "Risk assessment." Onsite investigation to determine and
15 report the existence, nature, severity and location of lead
16 hazards in residential dwellings, including all of the
17 following:
18 (1) Information gathering regarding the age and history
19 of the housing and occupancy by children under six years of
20 age.
21 (2) Visual inspection.
22 (3) Wipe sampling or other environmental testing and
23 sampling techniques.
24 (4) Other activity as may be appropriate.
25 (5) Provision of a report explaining the results of the
26 investigation.
27 "Secretary." The Secretary of Labor and Industry of the
28 Commonwealth.
29 "Superstructure." A large steel or other structure, such as
30 a bridge or water tower, which might contain lead-based
19950H1335B2096 - 9 -
1 materials.
2 "Supervisor." A person trained and certified to oversee
3 lead-based paint activities on target housing and public and
4 commercial building job sites.
5 "Target housing." Any housing constructed prior to 1978 or
6 any zero-bedroom dwelling. The term excludes housing for the
7 elderly or persons with disabilities unless any child who is
8 less than six years of age resides or is expected to reside in
9 such housing.
10 "XRF analyzer." A machine that utilizes X-Ray Fluorescence
11 (XRF) to test for the presence of lead-based paint.
12 Section 4. Regulations.
13 (a) Adoption by department.--The department shall adopt
14 regulations to carry out the provisions of this act.
15 (b) Content.--Regulations adopted under this act shall
16 include BE NO MORE STRINGENT THAN FEDERAL REQUIREMENTS AND BE <--
17 LIMITED TO the following:
18 (1) Requirements for accreditation of training
19 providers.
20 (2) Requirements for the training of individuals to
21 engage in lead-based paint activities.
22 (3) Requirements for certification of persons to perform
23 lead-based paint activities.
24 (4) Requirements for licensing CERTIFICATION of <--
25 contractors to perform lead-based paint activities.
26 (5) Reciprocity standards for other states engaged in
27 training, certification and licensing ACCREDITATION AND <--
28 CERTIFICATION.
29 (6) Standards for performing lead-based paint
30 activities. that are no more stringent than EPA standards. <--
19950H1335B2096 - 10 -
1 (7) Such other provisions as may be necessary to
2 effectuate the purposes of this act.
3 Section 5. Interim regulations.
4 Until such time as the department adopts regulations as
5 required under this act, the department shall enforce, as
6 interim regulations, the most current Federal standards
7 regulating lead-based paint activities.
8 Section 6. Accreditation of training programs.
9 (a) Regulations of department.--The department shall by
10 regulation establish standards and procedures for the
11 accreditation of lead occupation training courses. These
12 regulations shall be consistent with those established by the
13 EPA under the Toxic Substances Control Act (Public Law 94-469,
14 15 U.S.C. § 2601 et seq.) and shall include, but not be limited
15 to:
16 (1) Minimum requirements for the accreditation of
17 training providers.
18 (2) Minimum training curriculum requirements.
19 (3) Minimum training hour requirements.
20 (4) Minimum hands-on training requirements.
21 (5) Minimum trainee competency and proficiency
22 requirements.
23 (6) Minimum requirements for training program quality
24 control.
25 (7) Minimum hands-on assessment requirements.
26 (b) Annual initial and renewal accreditation.--In accordance
27 with the criteria and qualifications established by the
28 department under subsection (a), the department shall annually
29 accredit training courses that satisfy initial and renewal
30 training requirements for certification of persons performing
19950H1335B2096 - 11 -
1 lead-based paint activities. Each certificate of accreditation
2 issued to a training provider under this act shall expire one
3 year after the date of issue. Training providers must apply to
4 the department for accreditation renewal.
5 SECTION 5. ACCREDITATION OF TRAINING PROGRAMS. <--
6 (A) GENERAL RULE.--THE DEPARTMENT SHALL GRANT ACCREDITATION
7 TO ALL LEAD OCCUPATION TRAINING PROGRAMS APPROVED BY THE EPA AND
8 TO ANY OTHER TRAINING PROGRAMS WHICH THE DEPARTMENT DETERMINES
9 TO HAVE MET THE APPROVAL STANDARDS OF THE EPA.
10 (c) (B) Departmental audits.--A person providing lead <--
11 occupation training shall make available to the department, at
12 no cost to the department and at such times as the department
13 may deem necessary, all course materials and records and access
14 to actual training sessions.
15 (d) EPA-approved training courses.--All training courses <--
16 approved by the EPA on the effective date of this act shall be
17 deemed to be accredited under this section. However, nothing in
18 this section shall prohibit the department from requiring any
19 training provider to comply with its renewal requirements in
20 order to have its accreditation renewed.
21 (e) (C) Revocation or suspension of accreditation.--The <--
22 department may revoke or suspend accreditation if a course audit
23 conducted by the department or its designated representative
24 indicates a training program is not conducting training or
25 operating its training program in accordance with the
26 requirements of this act and regulations promulgated under this
27 act.
28 (f) Recordkeeping requirements.--The department by <--
29 regulation shall establish recordkeeping requirements for
30 training providers as the department deems necessary to enforce
19950H1335B2096 - 12 -
1 this act. Requirements under this subsection shall be at least
2 as stringent as those mandated by the EPA.
3 (g) (D) Five-day notification requirement.--Accredited <--
4 training providers shall submit to the department a written
5 notification of their intent to conduct a training course at
6 least five days prior to the start of the training course, in a
7 manner prescribed by the department. In the case of an
8 emergency, the department has the discretion to waive this
9 notification requirement.
10 Section 7 6. Certification standards and procedures. <--
11 (a) Occupation certification requirements.--In order to
12 engage in lead-based paint activities, a person must be <--
13 certified by the department. The department by regulation shall
14 establish standards and procedures for the certification of
15 persons to engage in lead-based paint activities. A person
16 meeting the requirements of the department regulations shall be
17 certified by the department to perform lead-based paint
18 activities. The standards and procedures shall include, but not
19 be limited to, the following requirements:
20 (1) Successful completion of a department-approved
21 training course provided by a department-accredited training
22 provider. This paragraph includes hands-on assessment.
23 (2) Passing by a score of 70% or better an examination
24 developed by the department or by an independent authority
25 approved by the department which tests the person's knowledge
26 of the content of the course taken and Federal and State laws
27 as they apply to the person's lead occupation.
28 (3) Establishment of certain experience or education
29 requirements, or both, in order to become eligible for
30 certification.
19950H1335B2096 - 13 -
1 (b) Refresher training requirement.--In order to qualify for
2 annual certification renewal, a person shall successfully
3 complete a refresher training course approved by the department
4 and provided by an accredited training provider for each
5 category of certification. AN INDIVIDUAL MUST BE CERTIFIED BY <--
6 THE DEPARTMENT. THE DEPARTMENT SHALL CERTIFY AN INDIVIDUAL WHO
7 COMPLETES A LEAD-BASED PAINT TRAINING PROGRAM ACCREDITED BY THE
8 DEPARTMENT UNDER SECTION 5 AND PASSES AN EXAMINATION APPROVED BY
9 THE DEPARTMENT. THE DEPARTMENT SHALL CERTIFY A PARTNERSHIP,
10 ASSOCIATION, CORPORATION OR OTHER BUSINESS ENTITY WHICH HAS
11 SUBMITTED TO THE DEPARTMENT A LETTER THAT IS SIGNED BY A PARTNER
12 OR OFFICER, AS APPROPRIATE, AND THAT STATES ALL OF THE
13 FOLLOWING:
14 (1) EACH EMPLOYEE AND SUBCONTRACTOR PERFORMING LEAD-
15 BASED PAINT ACTIVITIES HAS INDIVIDUALLY RECEIVED THE REQUIRED
16 TRAINING AND RECEIVED CERTIFICATION FROM THE DEPARTMENT.
17 (2) THE CERTIFIED PARTNERSHIP, ASSOCIATION, CORPORATION
18 OR OTHER BUSINESS ENTITY AND ITS EMPLOYEES AND SUBCONTRACTORS
19 WILL PERFORM LEAD-BASED PAINT ACTIVITIES IN ACCORDANCE WITH
20 APPLICABLE FEDERAL, STATE AND LOCAL STANDARDS, INCLUDING
21 RECORDKEEPING REQUIREMENTS.
22 (3) A CERTIFIED SUPERVISOR WILL BE ASSIGNED AND
23 AVAILABLE TO ALL OF THE ABATEMENT, DELEADING AND DEMOLITION
24 PROJECTS OF THE PARTNERSHIP, ASSOCIATION, CORPORATION OR
25 OTHER BUSINESS ENTITY.
26 (B) REFRESHER TRAINING REQUIREMENT.--IN ORDER TO QUALIFY FOR
27 ANNUAL CERTIFICATION RENEWAL, A PERSON SHALL SUCCESSFULLY
28 COMPLETE A REFRESHER TRAINING COURSE APPROVED BY THE DEPARTMENT
29 AND PROVIDED BY AN ACCREDITED TRAINING PROVIDER FOR EACH
30 CATEGORY OF CERTIFICATION. RENEWAL OF CERTIFICATION REQUIRES
19950H1335B2096 - 14 -
1 COMPLIANCE WITH FEDERAL WORK PRACTICE STANDARDS CONTROLLING
2 LEAD-BASED PAINT ACTIVITIES.
3 (c) Photo-identification requirement.--All persons
4 performing lead-based paint activities must have in their
5 possession or have available at the job site a valid photo-
6 identification certification card issued by the department.
7 (d) Additional classification.--The department may <--
8 promulgate regulations to establish additional certification
9 classifications in order to carry out the intent of this act.
10 Section 8. Licensure of contractors.
11 (a) Licensing requirements.--In order to perform lead-based
12 paint activities, a person, firm, company or institution must be
13 licensed by the department on an annual basis.
14 (b) Written certification requirement.--In order for a
15 person, firm, company or institution to become eligible for
16 licensure, it must certify to the department in a manner
17 prescribed by the department that it will employ only certified
18 employees to conduct lead-based paint activities.
19 (c) Processing licensure requests.--From the date of
20 receiving the licensure application, the department shall have
21 90 days to approve or disapprove the application. In the case of
22 approval, a license shall be issued by the 90th day. In the case
23 of a disapproval, a letter describing the reason for disapproval
24 shall be sent by the 90th day.
25 (d) Recordkeeping requirements.--All licensed persons,
26 firms, companies and institutions shall keep a record of all
27 employees' certifications to conduct lead-based paint
28 activities. All licensed firms, companies and institutions must
29 also keep a record of the lead hazard activities performed by
30 each of their employees.
19950H1335B2096 - 15 -
1 Section 9. Reciprocity.
2 The department shall develop reciprocity agreements with
3 other states or jurisdictions which have established
4 accreditation, certification or licensure requirements which the
5 department determines to be substantially as stringent as those
6 set forth in this act.
7 SECTION 7. RECIPROCITY. <--
8 THE DEPARTMENT SHALL DESIGNATE BY NOTICE IN THE PENNSYLVANIA
9 BULLETIN STATES WHICH IT DEEMS TO HAVE CERTIFICATION
10 REQUIREMENTS SUBSTANTIALLY SIMILAR TO THE COMMONWEALTH. THE
11 DEPARTMENT SHALL DEVELOP RECIPROCITY AGREEMENTS WITH OTHER
12 STATES OR JURISDICTIONS WHICH HAVE ESTABLISHED ACCREDITATION AND
13 CERTIFICATION REQUIREMENTS WHICH THE DEPARTMENT DETERMINES TO BE
14 SUBSTANTIALLY SIMILAR TO THOSE SET FORTH IN THIS ACT.
15 Section 10 8. Fund. <--
16 (a) Establishment.--There is hereby established a
17 nonlapsing, continuous, restricted revenue account to be known
18 as the Lead-Based Paint Abatement Reduction Fund. The fund shall
19 be used for expenses related to the development, implementation
20 and operation of programs under this act and of programs, as
21 approved by the secretary, developed in relation to this act and
22 carried out by other administrative agencies.
23 (b) Deposit of moneys.--The department shall deposit into
24 the account established in the State Treasury under section 7(c)
25 of the act of December 19, 1990 (P.L.805, No.194), known as the
26 Asbestos Occupations Accreditation and Certification Act, any
27 fees, fines or penalties collected pursuant to this act. Moneys
28 deposited in such account are hereby appropriated upon approval
29 of the Governor to the department to carry out the purposes of
30 this act and the Asbestos Occupations Accreditation and
19950H1335B2096 - 16 -
1 Certification Act. It is not the intent of the General Assembly
2 that the deposit of these fees in the account shall conflict
3 with the provisions of section 7(c) of the Asbestos Occupations
4 Accreditation and Certification Act regarding the deposit and
5 use of fees.
6 (c) Investment of moneys.--The moneys in the fund shall be
7 invested in an interest-bearing account and the interest earned
8 shall be credited to and become a part of the fund.
9 Section 11. Suspension and revocation. <--
10 The department may reprimand, suspend, deny or revoke any
11 accreditation, certification or license issued under this act to
12 any person, training provider or contractor who:
13 (1) Fraudulently or deceptively obtains or attempts to
14 obtain accreditation, certification or a license.
15 (2) Fails at any time to meet the requirements of this
16 act or any regulations adopted under this act.
17 (3) Fails to meet any applicable Federal or State
18 standard relating to lead-based paint activities.
19 (4) Fails to pay any required fee.
20 Section 12 9. Fees. <--
21 (a) Schedules.--The department shall establish schedules of
22 fees for:
23 (1) Certification of persons in the following
24 disciplines:
25 (i) inspector technicians, inspector/risk assessors,
26 supervisors, planner/project designers and workers; and
27 (ii) additional lead occupations identified by the
28 department in regulations.
29 (2) Accreditation of training courses.
30 (3) Licensing CERTIFICATION of contractors to perform <--
19950H1335B2096 - 17 -
1 lead-based paint activities.
2 (4) Any other REASONABLE fee the department deems <--
3 appropriate to carry out the provisions of this act.
4 (b) Payment of fees.--Both initial and renewal fees shall be
5 paid annually by the licensee PERSON CERTIFIED. The fees shall <--
6 be paid upon application to the department.
7 (c) Waiver of fees.--Accreditation fees shall not be imposed
8 on any state, local government or nonprofit training provider;
9 nor shall certification or license fees be imposed on any state, <--
10 local government or nonprofit service provider, as long as
11 employees of the state, local government or nonprofit service
12 provider actually perform the lead-based paint activities.
13 (d) Interim fee schedule.--Upon the effective date of this <--
14 section, the following fee schedule is adopted as the interim
15 fee schedule for both initial and renewal fees, to remain in
16 effect until the department regulates fees as provided in
17 subsection (a):
18 (1) Target housing and public buildings:
19 (i) inspector-technician, $300;
20 (ii) inspector-risk assessor, $300;
21 (iii) planner-project designer, $300;
22 (iv) supervisor, $100; and
23 (v) lead-based paint worker, $50.
24 (2) Commercial buildings and superstructures:
25 (i) supervisor, $100;
26 (ii) lead abatement worker, $50.
27 (3) Training course accreditation:
28 (i) initial accreditation:
29 (A) initial course, $1,000 per course; and
30 (B) refresher course, $500 per course.
19950H1335B2096 - 18 -
1 (ii) renewal accreditation:
2 (A) initial course, $500 per course; and
3 (B) refresher course, $250 per course.
4 (iii) within any calendar year, cumulative course
5 accreditation fees shall not exceed $5,000 for an
6 individual training provider.
7 (4) Contractor license, $500.
8 Section 13 10. Enforcement and penalties. <--
9 (a) General rule.--A person shall not cause, suffer, permit
10 or allow a lead-based paint activity to be performed in
11 violation of any provision of this act or regulations
12 promulgated under this act; nor shall any person cause, suffer,
13 permit or allow the performance of any act or operation in
14 violation of any order issued by the department pursuant to this
15 act or regulations promulgated under this act.
16 (b) Violations.--The department shall have the power to
17 issue an order requiring compliance with this act or regulations
18 promulgated under this act. An order shall be served personally
19 or by certified mail at the last known address of the person
20 violating a provision of this act or a regulation promulgated
21 under this act. In the case of a violation of a lead-based paint
22 work practice standard, a copy of the order shall also be served
23 personally or by certified mail at the last known address upon
24 the property owner and a copy shall be posted on the premises.
25 (c) Hazardous conditions.--If the department determines that
26 a hazardous condition exists due to the failure to comply with a
27 provision of this act or a regulation promulgated under this
28 act, the department, in addition to invoking other sanctions
29 available to it, may invoke any of the following remedies:
30 (1) Issue an order to those engaged:
19950H1335B2096 - 19 -
1 (i) to cease immediately all lead-based paint
2 activities until the condition is corrected; and
3 (ii) to remove any workers except those needed to
4 abate the hazard from the project work area until the
5 condition is corrected in order to prevent further
6 project activity.
7 (2) Evacuate appropriate portions of the site and <--
8 vicinity until the condition is corrected.
9 (3) Certify the existence of a lead-based paint hazard
10 that exists due to the failure of a contractor or his
11 employee to comply with the provisions of this act, charge
12 the added cost of any corrective cleanup or removal to the
13 contractor responsible for the hazardous condition which
14 exists due to the noncompliance and collect the cost by lien
15 or any other means as may be authorized by law.
16 (4) Apply to an appropriate court for relief by
17 injunction or restraining order against any person
18 responsible for the hazardous condition.
19 (d) Penalties.--In addition to the sanctions or remedial
20 orders provided in this section, a person who fails to comply
21 with a requirement of this act or a regulation promulgated under
22 this act or who fails to obey an order issued by the department
23 may be subject to any of the following penalties:
24 (1) Suspension or revocation, or both, of <--
25 accreditations, certifications or licenses issued under the
26 provisions of this act and regulations promulgated under this
27 act.
28 (1) DENIAL, SUSPENSION OR REVOCATION OF ACCREDITATION OR <--
29 CERTIFICATION FOR A PERSON, TRAINING PROVIDER OR CONTRACTOR
30 WHO DOES ANY OF THE FOLLOWING:
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1 (I) FRAUDULENTLY OR DECEPTIVELY OBTAINS OR ATTEMPTS
2 TO OBTAIN ACCREDITATION OR CERTIFICATION.
3 (II) FAILS TO MEET THE REQUIREMENTS OF THIS ACT OR
4 REGULATIONS ADOPTED UNDER THIS ACT.
5 (III) FAILS TO MEET APPLICABLE FEDERAL OR STATE
6 STANDARDS RELATING TO LEAD-BASED PAINT ACTIVITIES.
7 (IV) FAILS TO PAY A REQUIRED FEE.
8 (2) Imposition of a civil AN administrative penalty of <--
9 not more than $1,000 for the first offense, not more than
10 $5,000 for the second offense and not more than $10,000 for
11 the third and each subsequent offense.
12 (3) Imprisonment for a period of up to 90 days. <--
13 (4) (3) Issuance of an order to cease any lead-based
14 paint activity immediately.
15 (5) (4) Initiation of legal action or proceeding in a <--
16 court of competent jurisdiction.
17 (e) Continued violations.--Each day a violation continues to
18 exist shall constitute an additional, separate and distinct
19 violation for which a separate penalty shall be imposed.
20 Section 14. Appeals and hearings. <--
21 (a) Filing.--A person aggrieved by an order, decision or
22 other sanction imposed by the department may file an appeal with
23 the department within five days after receipt of notice of the
24 order, decision or sanction. A hearing shall be held promptly on
25 each appeal filed.
26 (b) Automatic stay.--While an appeal is pending, compliance
27 with a decision, order or sanction shall not be required unless
28 the department has determined and certified in writing that the
29 violation was intentional or that there exists a hazardous
30 condition that requires immediate compliance with the
19950H1335B2096 - 21 -
1 department's order to eliminate a public health hazard.
2 Section 15. Work practice standards.
3 (a) Authority to adopt regulations.--The department shall
4 promulgate regulations that establish standards of acceptable,
5 safe work practices for licensees and certificate holders
6 engaged in lead-based paint activities, as well as specific acts
7 and omissions that constitute grounds for the reprimand of any
8 licensee or certificate holder, the suspension or revocation of
9 a license or certificate or the denial of the renewal of a
10 license or certificate.
11 (b) Interim work practice standards.--Until such time as the
12 department promulgates regulations which establish standards of
13 acceptable, safe work practices, the department shall enforce
14 standards for lead-based paint activities that include the
15 following:
16 (1) The act of October 5, 1984 (P.L.734, No.159), known
17 as the Worker and Community Right-to-Know Act.
18 (2) Current applicable OSHA standards.
19 (3) Any current guidelines and regulations of the EPA.
20 (4) Any current guidelines and regulations of HUD.
21 (5) Any other applicable Federal or State regulations
22 governing the conduct of lead-based paint activities.
23 Section 16. Notification requirements.
24 (a) General rule.--Each licensed contractor must notify the
25 department of its intention to perform any lead-based paint
26 abatement. The notification shall be in writing and shall be on
27 a form prescribed by the department.
28 (b) Time of notice.--The notification under subsection (a)
29 must be submitted to the department at least five days prior to
30 the start of the abatement activity. The department in its
19950H1335B2096 - 22 -
1 discretion may waive the five-day notification requirement if it
2 determines an emergency exists.
3 (c) Contents of notice.--The notice shall include at least
4 the following information:
5 (1) The name, address and license number of the
6 contractor.
7 (2) The name and address of the lead-based paint
8 abatement project and the political subdivision where it is
9 located.
10 (3) The name and address of the building owner.
11 (4) The estimated start and completion date of the
12 project.
13 (5) The name and address of the landfill where the lead
14 will be sent for disposal.
15 (d) Additional information.--Nothing in this section shall
16 prohibit the department from requiring additional information
17 that is deemed necessary to develop and maintain information on
18 lead-based paint activities within this Commonwealth.
19 Section 17. Use of accredited sampling laboratories.
20 (a) General rule.--When analyzing lead in paint, soil and
21 dust samples, persons engaged in lead-based paint activities
22 shall use only environmental testing laboratories that are part
23 of an effective, voluntary accreditation program recognized by
24 the EPA and that are approved pursuant to applicable regulations
25 promulgated by the Department of Health.
26 (b) Joint oversight.--In accordance with 28 Pa. Code § 5.50
27 (relating to approval to provide special analytical services),
28 the Department of Health may establish an approval program for
29 laboratories analyzing paint, soil or dust samples. The
30 Department of Health may also enter into cooperative agreements
19950H1335B2096 - 23 -
1 with the EPA to provide joint oversight for laboratories that
2 perform those environmental analysis services.
3 Section 18. Data collection program.
4 The department, in cooperation with the Department of Health
5 and other administrative agencies, may establish a program for
6 the collection and analysis of data on lead-based paint
7 detection and reduction activities in this Commonwealth and on
8 the certification, accreditation and enforcement activities in
9 the department.
10 Section 19. Public education.
11 (a) General program.--The department, in cooperation with
12 the Department of Health and other administrative agencies, is
13 authorized to conduct a program of public education on the
14 nature and consequences of lead hazards and on the need for lead
15 hazard reduction activities, which (program) is to be conducted
16 by certified, accredited personnel in order to assure the public
17 safety. This program shall include, but not be limited to, the
18 distribution of educational materials to the general public and
19 to persons living in the vicinity of sites known to pose a lead
20 exposure hazard.
21 (b) Content.--The department, in conjunction with the
22 Department of Health and other administrative agencies, shall
23 develop educational programs and materials. The programs and
24 materials shall include, but not be limited to, the types of
25 lead-containing materials, the health effects of lead exposure,
26 the recognition of lead hazards, proper lead control methods and
27 procedures for reporting hazardous conditions.
28 (c) Licensed contractors and accredited training
29 providers.--The department also shall make available lists of
30 all licensed contractors and accredited training providers.
19950H1335B2096 - 24 -
1 (d) Standards of department.--The department, in cooperation
2 with the Department of Health and other administrative agencies,
3 shall also make available to property owners, contractors,
4 supervisors and workers technical information regarding proper
5 lead control methods, standards for conducting lead-based paint
6 activities and other requirements of this act.
7 Section 20. Analysis and reporting of blood-lead test results.
8 Analysis of blood samples must be performed by a laboratory
9 accredited by CDC or OSHA, as specified in 29 CFR 1910.1025(j)
10 (relating to lead), and approved by the Bureau of Laboratories
11 in the Department of Health. Results of blood-lead tests must be
12 reported by all laboratories to the Department of Health as
13 required under 28 Pa. Code § 27.4 (relating to noncommunicable
14 diseases and conditions).
15 Section 21. Reporting of hazardous conditions.
16 (a) Reports.--The department shall receive reports of
17 hazardous conditions relating to lead from the public or
18 employees. All reports shall be recorded by the department. The
19 department shall investigate all reports that are reasonably
20 based in fact. Reports shall be received whether submitted in
21 writing, by telephone call or through other means.
22 (b) Confidentiality.--Reports of hazardous conditions and
23 statements made as part of an investigation, including the
24 identity of the person making the report or statement, are
25 confidential and shall not be disclosed in any manner to anyone
26 other than State officials without the prior consent of the
27 person making the report or statement.
28 Section 22. Lead-Based Paint Abatement Advisory Committee.
29 (a) Advisory committee created.--The Lead-Based Paint
30 Abatement Advisory Committee is established to advise the
19950H1335B2096 - 25 -
1 secretary with respect to the regulations to be promulgated
2 pursuant to this act and to other procedures, standards,
3 criteria, guidelines and related matters assigned to it by the
4 secretary.
5 (b) Membership.--The advisory committee shall be composed of
6 13 members, to be appointed by the secretary, as follows:
7 (1) The secretary or a designee, who shall act as
8 chairperson.
9 (2) The Secretary of Environmental Resources or a
10 designee.
11 (3) The Secretary of Health or a designee.
12 (4) The Secretary of Transportation or a designee.
13 (5) The Executive Director of the Pennsylvania Housing
14 Finance Agency or a designee.
15 (6) Two members who shall represent construction
16 contractors and who shall each have a minimum of two years'
17 experience in lead-based paint activities.
18 (7) Two members who shall represent construction workers
19 who are engaged in lead-based paint activities.
20 (8) Two members who shall represent the public interest
21 and who shall have expertise on lead-based paint issues.
22 (9) One member who shall represent building owners.
23 (10) One member who shall be an environmental consultant
24 and who shall have a minimum of three years' experience in
25 consulting with lead-based paint activity.
26 Section 23. Relationship to Federal law.
27 (a) Regulations.--Regulations promulgated by the department
28 pursuant to this act shall be no less stringent than applicable
29 minimum standards established under Federal law or regulations.
30 (b) Conflict.--If a provision of this act conflicts with a
19950H1335B2096 - 26 -
1 Federal law or regulation pertaining to lead-based paint
2 activities, the provision shall not apply to the extent that it
3 is preempted by the Federal law or regulation.
4 (c) Nonconformance.--Regulations promulgated pursuant to
5 this act that are not in conformance with a requirement of
6 Federal law or regulation shall be regarded as having been
7 amended in order to bring the regulation into conformance with
8 Federal law or regulation.
9 SECTION 11. ADMINISTRATIVE AGENCY LAW. <--
10 PENALTIES AND OTHER ORDERS OF THE DEPARTMENT UNDER THIS ACT
11 ARE SUBJECT TO 2 PA.C.S. CH. 5 SUBCH. A (RELATING TO PRACTICE
12 AND PROCEDURE OF COMMONWEALTH AGENCIES) AND CH. 7 SUBCH. A
13 (RELATING TO JUDICIAL REVIEW OF COMMONWEALTH AGENCY ACTION).
14 SECTION 12. WORK PRACTICE STANDARDS.
15 THE DEPARTMENT SHALL PROMULGATE REGULATIONS THAT ADOPT
16 FEDERAL REGULATIONS FOR PERFORMING LEAD-BASED PAINT ACTIVITIES.
17 SECTION 13. DATA COLLECTION PROGRAM.
18 (A) AUTHORIZATION.--THE DEPARTMENT, IN COOPERATION WITH THE
19 DEPARTMENT OF HEALTH AND OTHER ADMINISTRATIVE AGENCIES, MAY
20 ESTABLISH A PROGRAM FOR THE COLLECTION AND ANALYSIS OF DATA ON
21 LEAD-BASED PAINT DETECTION AND REDUCTION ACTIVITIES IN THIS
22 COMMONWEALTH AND ON THE CERTIFICATION, ACCREDITATION AND
23 ENFORCEMENT ACTIVITIES IN THE DEPARTMENT.
24 (B) CONFIDENTIALITY.--DATA COLLECTED UNDER SUBSECTION (A)
25 SHALL BE USED ONLY FOR IMPLEMENTATION OF THIS ACT AND MAY NOT BE
26 USED FOR ANY OTHER PURPOSE.
27 SECTION 14. PREEMPTION.
28 NO POLITICAL SUBDIVISION MAY DEVELOP ACCREDITATION OR
29 CERTIFICATION PROGRAMS OR PROCEDURES THAT DEVIATE FROM THOSE
30 PERFORMED OR APPROVED BY THE COMMONWEALTH.
19950H1335B2096 - 27 -
1 Section 24 15. Severability. <--
2 The provisions of this act are severable. If any provision of
3 this act or its application to any person or circumstance is
4 held invalid, the invalidity shall not affect other provisions
5 or applications of this act which can be given effect without
6 the invalid provision or application.
7 Section 25. Effective date. <--
8 This act shall take effect in 180 days.
9 SECTION 16. EFFECTIVE DATE. <--
10 THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
11 (1) SECTION 10 SHALL TAKE EFFECT IN 270 DAYS.
12 (2) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
13 (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 180
14 DAYS.
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