PRINTER'S NO. 843
No. 764 Session of 1995
INTRODUCED BY BELFANTI, ITKIN, EVANS, TRAVAGLIO, MELIO, OLASZ,
GIGLIOTTI, BELARDI, PESCI, STURLA, CORRIGAN, PRESTON,
YOUNGBLOOD, DERMODY, FAJT, TANGRETTI, VEON, D. R. WRIGHT,
RICHARDSON, STEELMAN, ROONEY, TRELLO, LAUGHLIN, READSHAW,
MICHLOVIC, JOSEPHS AND WALKO, FEBRUARY 14, 1995
REFERRED TO COMMITTEE ON LABOR RELATIONS, FEBRUARY 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; establishing the Lead-Based Paint Abatement
13 Fund; and making a repeal.
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.
21 Section 7. Certification standards and procedures.
22 Section 8. Licensure of contractors.
1 Section 9. Reciprocity.
2 Section 10. Fund.
3 Section 11. Suspension and revocation.
4 Section 12. Fees.
5 Section 13. Enforcement and penalties.
6 Section 14. Appeals and hearings.
7 Section 15. Work practice standards.
8 Section 16. Notification requirements.
9 Section 17. Use of accredited sampling laboratories.
10 Section 18. Data collection program.
11 Section 19. Public education.
12 Section 20. Analysis and reporting of blood-lead test results.
13 Section 21. Reporting of hazardous conditions.
14 Section 22. Lead-Based Paint Abatement Advisory Committee.
15 Section 23. Relationship to Federal law.
16 Section 24. Severability.
17 Section 25. Repeal.
18 Section 26. Effective date.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Short title.
22 This act shall be known and may be cited as the Lead
23 Accreditation, Certification and Work Practice Act.
24 Section 2. Legislative findings and intent.
25 (a) Findings.--The General Assembly finds as follows:
26 (1) Lead poisoning is a significant health hazard to the
27 citizens of this Commonwealth. Lead poisoning is particularly
28 a hazard to children, who typically are exposed to lead
29 through environmental sources such as lead-based paint in
30 housing and lead-contaminated dust and soil. It is the policy
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1 of this Commonwealth to protect the health and welfare of its
2 citizens through reduction of lead in the environment.
3 (2) Improper abatement of lead-based paint hazards
4 within this Commonwealth constitutes a serious threat to the
5 public health and safety and to the environment. The handling
6 of lead-containing substances by inadequately trained
7 employers, employees and other persons subjects the citizens
8 of this Commonwealth to the risk of further release of lead
9 into the environment.
10 (b) Intent.--The General Assembly declares the following to
11 be the intent of this act:
12 (1) To protect the public health by preventing exposure
13 to lead through regulation of lead-based paint abatement
14 activities.
15 (2) To establish a program to train individuals engaged
16 in lead-based paint abatement activities to insure they have
17 the necessary skill, training, experience and competence to
18 perform these activities.
19 (3) To monitor the work practices of those persons
20 performing lead-based paint abatement activities to insure
21 the work is performed in accordance with required standards.
22 (4) To insure that the cleanup, disposal and
23 postabatement clearance testing activities of persons
24 performing lead-based paint abatement work are performed in
25 accordance with required standards.
26 Section 3. Definitions.
27 The following words and phrases when used in this act shall
28 have the meanings given to them in this section unless the
29 context clearly indicates otherwise:
30 "Abatement." Any set of measures designed to eliminate or
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1 reduce lead-based paint hazards in accordance with standards
2 established by the Department of Labor and Industry. The term
3 includes all of the following:
4 (1) The removal of lead-based paint and lead-
5 contaminated dust, the permanent containment or encapsulation
6 of lead-based paint, the replacement of lead-painted surfaces
7 or fixtures and the removal or covering of lead-contaminated
8 soil.
9 (2) All preparation, cleanup, disposal and postabatement
10 clearance testing activities associated with such measures.
11 (3) Less-than-full abatement whereby the sources of lead
12 contamination are reduced sufficiently to create a "lead-
13 safe" environment rather than a "lead-free" environment.
14 "Accessible surface." An interior or exterior surface
15 painted with lead-based paint that is accessible for a young
16 child to mouth or chew.
17 "Account." The account established in section 7(c) of the
18 act of December 19, 1990 (P.L.805, No.194), known as the
19 Asbestos Occupations Accreditation and Certification Act.
20 "Advisory committee." The Lead-Based Paint Abatement
21 Advisory Committee established under section 22.
22 "CDC." The United States Centers for Disease Control and
23 Prevention.
24 "Commercial building." A building constructed for the
25 purpose of commercial or industrial activity and not primarily
26 intended for use by the general public, office complexes,
27 industrial buildings, warehouses, factories and storage
28 facilities.
29 "De-lead." The removal of lead-based paint and lead-
30 contaminated dust, the containment or encapsulation of lead-
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1 based paint or the replacement of lead-painted surfaces and
2 fixtures. The term includes preparation, cleanup, disposal and
3 postabatement clearance testing activities associated with such
4 measures.
5 "Demolition." The act of pulling down or completely
6 destroying a building or structure.
7 "Department." The Department of Labor and Industry of the
8 Commonwealth.
9 "Discipline." A classification for a specific lead-based
10 paint activity.
11 "EPA." The Environmental Protection Agency.
12 "Friction surface." An interior or exterior surface that is
13 subject to abrasion or friction. The term includes certain
14 window, floor and stair surfaces.
15 "Hands-on assessment." An evaluation which tests the
16 trainees' ability to perform specified work practices and
17 procedures satisfactorily.
18 "Hands-on training." Instruction during which students
19 practice skills that they will perform at the work site.
20 "HUD." The Department of Housing and Urban Development.
21 "Impact surface." An interior or exterior surface that is
22 subject to damage by repeated impacts, for example, certain
23 parts of door frames.
24 "Inspection."
25 (1) A surface-by-surface investigation to determine the
26 presence of lead-based paint, as provided in section 302(c)
27 of the Lead-Based Paint Poisoning Prevention Act (Public Law
28 91-695, 42 U.S.C. § 4822(c)).
29 (2) The provision of a written report explaining the
30 results of the investigation.
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1 "Inspector-risk assessor." A person trained and certified to
2 perform all activities of the inspector-technician, as well as
3 to identify the presence of lead-based paint hazards and to
4 collect additional information designed to assess the level of
5 risk to residents of target housing.
6 "Inspector-technician." A person trained and certified to
7 perform inspections solely for the purpose of determining the
8 presence of lead-based paint through the use of onsite testing,
9 such as XRF analysis, and the collection of samples for
10 laboratory analysis.
11 "Lead-based paint." Paint or other surface coatings that
12 contain lead in excess of 1.0 mg/(cm X cm) or 0.5% by weight or:
13 (1) in the case of paint or other surface coatings on
14 target housing, such lower level as may be established by the
15 Secretary of Housing and Urban Development under the Lead-
16 Based Paint Poisoning Prevention Act (Public Law 91-695, 42
17 U.S.C. § 4822(c)); or
18 (2) in the case of any other paint or surface coatings,
19 such other level as may be established by the Department of
20 Labor and Industry.
21 "Lead-based paint activities."
22 (1) With respect to target housing, the term includes
23 risk assessment, inspection and abatement.
24 (2) With respect to a public building constructed before
25 1978 or any commercial building, bridge or other structure or
26 superstructure, the term includes identification of lead-
27 based paint and materials containing lead-based paint, de-
28 leading, removal of lead from bridges and demolition. As used
29 in this paragraph, the term "de-leading" means activities
30 conducted by a person who offers to eliminate or reduce lead-
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1 based paint or lead-based paint hazards or to plan such
2 activities.
3 "Lead-based paint hazard." A condition that causes exposure
4 to lead from lead-contaminated dust, lead-contaminated soil,
5 lead-contaminated paint that is deteriorated or present in
6 accessible surfaces, friction surfaces or impact surfaces that
7 would result in adverse human health effects as established by
8 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 "Planner-project designer." A person trained and certified
18 to plan and design lead-based paint activities.
19 "Public building." Any building constructed prior to 1978
20 which is generally open to the public or occupied or visited by
21 children. The term includes schools, day-care centers, museums,
22 airport terminals, hospitals, stores, restaurants, office
23 buildings, convention centers and government buildings. The term
24 excludes target housing.
25 "Residential dwelling."
26 (1) A single-family dwelling including attached
27 structures such as porches and stoops; or
28 (2) a single-family dwelling unit in a structure that
29 contains more than one separate residential dwelling unit and
30 in which each such unit is used or occupied, or intended to
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1 be used or occupied, in whole or in part, as the home or
2 residence of one or more individuals.
3 "Risk assessment." Onsite investigation to determine and
4 report the existence, nature, severity and location of lead-
5 based paint hazards in residential dwellings, including all of
6 the following:
7 (1) Information gathering regarding the age and history
8 of the housing and occupancy by children under six years of
9 age.
10 (2) Visual inspection.
11 (3) Limited wipe sampling or other environmental
12 sampling techniques.
13 (4) Other activity as may be appropriate.
14 (5) Provision of a report explaining the results of the
15 investigation.
16 "Secretary." The Secretary of Labor and Industry of the
17 Commonwealth.
18 "Superstructure." A large steel or other structure, such as
19 a bridge or water tower, which might contain lead-based paint.
20 "Supervisor." A person trained and certified to oversee
21 lead-based paint activities on target housing and public and
22 commercial building job sites.
23 "Target housing." Any housing constructed prior to 1978 or
24 any zero-bedroom dwelling. The term excludes housing for the
25 elderly or persons with disabilities unless any child who is
26 less than six years of age resides or is expected to reside in
27 such housing.
28 "XRF analyzer." A machine that utilizes X-Ray Fluorescence
29 (XRF) to test for the presence of lead-based paint.
30 Section 4. Regulations.
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1 (a) Adoption by department.--The department shall adopt
2 regulations to carry out the provisions of this act.
3 (b) Content.--Regulations adopted under this act shall
4 include the following:
5 (1) Requirements for accreditation of training
6 providers.
7 (2) Requirements for the training of individuals to
8 engage in lead-based paint activities.
9 (3) Requirements for certification of persons to perform
10 lead-based paint activities.
11 (4) Requirements for licensing of contractors to perform
12 lead-based paint activities.
13 (5) Requirements for permitting lead-based paint
14 activities, if the department deems it appropriate.
15 (6) Standards for performing lead-based paint
16 activities.
17 (7) Reciprocity standards for other states engaged in
18 similar functions.
19 (8) Such other provisions as may be necessary to
20 effectuate the purposes of this act.
21 Section 5. Interim regulations.
22 Until such time as the department adopts regulations as
23 required under this act, the department shall enforce, as
24 interim regulations, the most current Federal standards
25 regulating lead-based paint activities.
26 Section 6. Accreditation of training programs.
27 (a) Regulations of department.--The department shall by
28 regulation establish standards and procedures for the
29 accreditation of lead occupation training courses. These
30 regulations shall be at least as stringent as those established
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1 by the EPA under the Toxic Substances Control Act (Public Law
2 94-469, 15 U.S.C. § 2601 et seq.) and shall include, but not be
3 limited to:
4 (1) Minimum requirements for the accreditation of
5 training providers.
6 (2) Minimum training curriculum requirements.
7 (3) Minimum training hour requirements.
8 (4) Minimum hands-on training requirements.
9 (5) Minimum trainee competency and proficiency
10 requirements.
11 (6) Minimum requirements for training program quality
12 control.
13 (7) Minimum hands-on assessment requirements.
14 (b) Annual initial and renewal accreditation.--In accordance
15 with the criteria and qualifications established by the
16 department under subsection (a), the department shall annually
17 accredit training courses that satisfy initial and renewal
18 training requirements for certification of persons performing
19 lead-based paint activities. Each certificate of accreditation
20 issued to a training provider under this act shall expire one
21 year after the date of issue. Training providers must apply to
22 the department for accreditation renewal.
23 (c) Departmental audits.--A person providing lead occupation
24 training shall make available to the department, at no cost to
25 the department and at such times as the department may deem
26 necessary, all course materials and records and access to actual
27 training sessions.
28 (d) EPA-approved training courses.--All training courses
29 approved by the EPA on the effective date of this act shall be
30 deemed to be accredited under this section. However, nothing in
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1 this section shall prohibit the department from requiring any
2 training provider to comply with its renewal requirements in
3 order to have its accreditation renewed.
4 (e) Revocation or suspension of accreditation.--The
5 department may revoke or suspend accreditation if a course audit
6 conducted by the department or its designated representative
7 indicates a training program is not conducting training or
8 operating its training program in accordance with the
9 requirements of this act and regulations promulgated under this
10 act.
11 (f) Recordkeeping requirements.--The department by
12 regulation shall establish recordkeeping requirements for
13 training providers as the department deems necessary to enforce
14 this act. Requirements under this subsection shall be at least
15 as stringent as those mandated by the EPA.
16 (g) Notice.--Accredited training providers shall submit to
17 the department a written notification of their intent to conduct
18 a training course at least ten days prior to the start of the
19 training course, in a manner prescribed by the department.
20 Section 7. Certification standards and procedures.
21 (a) Occupation certification requirements.--In order to
22 engage in lead-based paint activities, a person must be
23 certified by the department. The department by regulation shall
24 establish standards and procedures for the certification of
25 persons to engage in lead-based paint activities. A person
26 meeting the requirements of the department regulations shall be
27 certified by the department to perform lead-based paint
28 activities. The standards and procedures shall include, but not
29 be limited to, the following requirements:
30 (1) Successful completion of a department-approved
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1 training course provided by a department-accredited training
2 provider. This paragraph includes hands-on assessment.
3 (2) Passing by a score of 70% or better an examination
4 offered by the department or by an independent authority
5 approved by the department which tests the person's knowledge
6 of the content of the course taken and Federal and State laws
7 as they apply to the person's lead occupation.
8 (3) Establishment of certain experience or education
9 requirements, or both, in order to become eligible for
10 certification.
11 (b) Refresher training requirement.--In order to qualify for
12 annual certification renewal, a person shall successfully
13 complete a refresher training course approved by the department
14 and provided by an accredited training provider for each
15 category of certification.
16 (c) Photo-identification requirement.--All persons
17 performing lead-based paint activities must have in their
18 possession or have available at the job site a valid photo-
19 identification certification card issued by the department.
20 (d) Additional classification.--The department may
21 promulgate regulations to establish additional certification
22 classifications in order to carry out the intent of this act.
23 Section 8. Licensure of contractors.
24 (a) Licensing requirements.--In order to perform lead-based
25 paint activities, a person, firm, company or institution must be
26 licensed by the department on an annual basis.
27 (b) Written certification requirement.--In order for a
28 person, firm, company or institution to become eligible for
29 licensure, it must certify to the department in a manner
30 prescribed by the department that it will employ only certified
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1 employees to conduct lead-based paint activities.
2 (c) Processing licensure requests.--From the date of
3 receiving the licensure application, the department shall have
4 90 days to approve or disapprove the application. In the case of
5 approval, a license shall be issued by the 90th day. In the case
6 of a disapproval, a letter describing the reason for disapproval
7 shall be sent by the 90th day.
8 (d) Recordkeeping requirements.--All licensed persons,
9 firms, companies and institutions shall keep a record of all
10 employees' certifications to conduct lead-based paint
11 activities. All licensed firms, companies and institutions must
12 also keep a record of the lead-based paint activities performed
13 by each of their employees.
14 Section 9. Reciprocity.
15 The department may develop reciprocity agreements with other
16 states or jurisdictions which have established accreditation,
17 certification or licensure requirements which the department
18 determines to be substantially as stringent as those set forth
19 in this act.
20 Section 10. Fund.
21 (a) Establishment.--There is established a nonlapsing,
22 continuous, restricted revenue account to be known as the Lead-
23 Based Paint Abatement Fund. The fund shall be used for expenses
24 related to the development, implementation and operation of
25 programs under this act and of programs, as approved by the
26 secretary, developed in relation to this act and carried out by
27 other administrative agencies.
28 (b) Deposit of moneys.--The department shall deposit into
29 the fund any fees, fines or penalties collected pursuant to this
30 act, as well as other funds received from the Federal or State
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1 Government for development, implementation and operation of
2 programs under this act.
3 (c) Investment of moneys.--The moneys in the fund shall be
4 invested in an interest-bearing account, and the interest earned
5 shall be credited to and become a part of the fund.
6 Section 11. Suspension and revocation.
7 The department may reprimand, suspend, deny or revoke any
8 accreditation, certification or license issued under this act to
9 any person, training provider or contractor who:
10 (1) Fraudulently or deceptively obtains or attempts to
11 obtain accreditation, certification or a license.
12 (2) Fails at any time to meet the requirements of this
13 act or any regulations adopted under this act.
14 (3) Fails to meet any applicable Federal or State
15 standard relating to lead abatement.
16 (4) Fails to pay any required fee.
17 Section 12. Fees.
18 (a) Schedules.--The department shall establish schedules of
19 fees for:
20 (1) Certification of persons in the following
21 disciplines:
22 (i) Target housing and public buildings: inspector
23 technicians, inspector/risk assessors, supervisors,
24 planner/project designers and workers.
25 (ii) Commercial buildings and superstructures:
26 supervisors and workers.
27 (iii) Additional lead occupations identified by the
28 department in regulations.
29 (2) Accreditation of training courses.
30 (3) Licensing of contractors to perform lead-based paint
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1 activities.
2 (4) Any other fee the department deems appropriate to
3 carry out the provisions of this act.
4 (b) Payment of fees.--Both initial and renewal fees shall be
5 paid annually. The fees shall be paid upon application to the
6 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 and commercial buildings:
19 (i) Inspector-technician, $300.
20 (ii) Inspector-risk assessor, $300.
21 (iii) Planner-project designer, $300.
22 (iv) Supervisor, $100.
23 (v) Lead abatement worker, $50.
24 (2) 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.
30 (B) Refresher course, $500 per course.
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1 (ii) Renewal accreditation:
2 (A) Initial course, $500 per course.
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. 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 immediately correct the hazardous
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1 condition and to cease any other abatement activities until
2 the condition is corrected.
3 (2) Remove any workers, except those needed to abate the
4 hazard, from the project work area until the condition is
5 corrected in order to prevent further project activity.
6 (3) Evacuate appropriate portions of the site and
7 vicinity until the condition is corrected.
8 (4) Certify the existence of a nuisance per se, and
9 abate and remove the violation or contract for its cleanup
10 and removal, charge the cost of the cleanup and removal to
11 the person responsible for the hazardous condition and
12 collect the cost by lien or any other means as may be
13 authorized by law.
14 (5) Apply to an appropriate court for relief by
15 injunction or restraining order against any person
16 responsible for the hazardous condition.
17 (d) Penalties.--In addition to the sanctions or remedial
18 orders provided in this section, a person who fails to comply
19 with a requirement of this act or a regulation promulgated under
20 this act or who fails to obey an order issued by the department
21 may be subject to any of the following penalties:
22 (1) Suspension or revocation, or both, of
23 accreditations, certifications or licenses issued under the
24 provisions of this act and regulations promulgated under this
25 act.
26 (2) Imposition of a civil administrative penalty of not
27 more than $1,000 for the first offense, not more than $5,000
28 for the second offense and not more than $10,000 for the
29 third and each subsequent offense.
30 (3) Imprisonment for a period of up to 90 days.
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1 (4) Issuance of an order to cease any lead-based paint
2 activity immediately.
3 (5) Initiation of legal action or proceeding in a court
4 of competent jurisdiction.
5 (e) Continued violations.--Each day a violation continues to
6 exist shall constitute an additional, separate and distinct
7 violation for which a separate penalty shall be imposed.
8 Section 14. Appeals and hearings.
9 (a) Filing.--A person aggrieved by an order, decision or
10 other sanction imposed by the department may file an appeal with
11 the department within five days after receipt of notice of the
12 order, decision or sanction. A hearing shall be held promptly on
13 each appeal filed.
14 (b) Automatic stay.--While an appeal is pending, compliance
15 with a decision, order or sanction shall not be required unless
16 the department has determined and certified in writing that the
17 violation was intentional or that there exists a hazardous
18 condition that requires immediate compliance with the
19 department's order to eliminate a public health hazard.
20 Section 15. Work practice standards.
21 (a) Authority to adopt regulations.--The department shall
22 promulgate regulations that establish standards of acceptable,
23 safe work practices for licensees and certificate holders
24 engaged in lead-based paint activities, as well as specific acts
25 and omissions that constitute grounds for the reprimand of any
26 licensee or certificate holder, the suspension or revocation of
27 a license or certificate or the denial of the renewal of a
28 license or certificate.
29 (b) Interim work practice standards.--Until such time as the
30 department promulgates regulations which establish standards of
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1 acceptable, safe work practices, the department shall enforce
2 standards for abatement that include the following:
3 (1) The act of October 5, 1984 (P.L.734, No.159), known
4 as the Worker and Community Right-to-Know Act.
5 (2) 29 CFR 1910.134 (relating to respiratory
6 protection), 1926.57 (relating to ventilation), 1926.59
7 (relating to hazard communication) and 1926.62 (relating to
8 lead) and other applicable OSHA standards.
9 (3) Any current guidelines and regulations of the EPA.
10 (4) Any current guidelines and regulations of HUD.
11 (5) Any other applicable Federal or State regulations
12 governing the conduct of lead-based paint activities.
13 Section 16. Notification requirements.
14 (a) General rule.--Each licensed contractor must notify the
15 department of its intention to perform any lead-based paint
16 abatement. The notification shall be in writing and shall be on
17 a form prescribed by the department.
18 (b) Time of notice.--The notification under subsection (a)
19 must be submitted to the department at least ten days prior to
20 the start of the abatement activity. The department in its
21 discretion may waive the ten-day notification requirement if it
22 determines an emergency exists.
23 (c) Contents of notice.--The notice form shall include at
24 least the following information:
25 (1) The name, address and license number of the
26 contractor.
27 (2) The name and address of the lead-based paint
28 abatement project and the political subdivision where it is
29 located.
30 (3) The name and address of the building owner.
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1 (4) The estimated start and completion date of the
2 project.
3 (5) The name and address of the landfill where the lead
4 will be sent for disposal.
5 Nothing in this section shall prohibit the department from
6 requiring additional information that is deemed necessary to
7 develop and maintain information on lead-based paint abatement
8 activities within this Commonwealth.
9 Section 17. Use of accredited sampling laboratories.
10 (a) General rule.--When analyzing lead in paint, films, soil
11 and dust samples, persons engaged in lead-based paint activities
12 shall use only environmental testing laboratories that are part
13 of an effective, voluntary accreditation program recognized by
14 the EPA and that are approved pursuant to applicable regulations
15 promulgated by the Department of Health.
16 (b) Joint oversight.--In accordance with 28 Pa. Code § 5.50
17 (relating to approval to provide special analytical services),
18 the Department of Health may establish an approval program for
19 laboratories analyzing paint, soil or dust samples. The
20 Department of Health may also enter into cooperative agreements
21 with the EPA to provide joint oversight for laboratories that
22 perform those environmental analysis services.
23 Section 18. Data collection program.
24 The department, in cooperation with the Department of Health
25 and other administrative agencies, may establish a program for
26 the collection and analysis of data on lead-based paint hazard
27 detection and reduction activities in this Commonwealth and on
28 the certification, accreditation and enforcement activities in
29 the department.
30 Section 19. Public education.
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1 (a) General program.--The department, in cooperation with
2 the Department of Health and other administrative agencies, is
3 authorized to conduct a program of public education on the
4 nature and consequences of lead hazards and on the need for lead
5 hazard reduction activities, which (program) is to be conducted
6 by certified, accredited personnel in order to assure the public
7 safety. This program shall include, but not be limited to, the
8 distribution of educational materials to the general public and
9 to persons living in the vicinity of sites known to pose a lead
10 exposure hazard.
11 (b) Content.--The department, in conjunction with the
12 Department of Health and other administrative agencies, shall
13 develop educational programs and materials. The programs and
14 materials shall include, but not be limited to, the types of
15 lead-containing materials, the health effects of lead exposure,
16 the recognition of lead hazards, proper lead control methods and
17 procedures for reporting hazardous conditions.
18 (c) Licensed contractors and accredited training
19 providers.--The department also shall make available lists of
20 all licensed contractors and accredited training providers.
21 (d) Standards of department.--The department, in cooperation
22 with the Department of Health and other administrative agencies,
23 shall also make available to property owners, contractors,
24 supervisors and workers technical information regarding proper
25 lead control methods, standards for conducting lead-based paint
26 abatement activities and other requirements of this act.
27 Section 20. Analysis and reporting of blood-lead test results.
28 Analysis of blood samples must be performed by a laboratory
29 accredited by CDC or OSHA, as specified in 29 CFR 1910.1025(j)
30 (relating to lead), and approved by the Bureau of Laboratories
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1 in the Department of Health. Results of blood-lead tests must be
2 reported by all laboratories to the Department of Health as
3 required under 28 Pa. Code § 27.4 (relating to noncommunicable
4 diseases and conditions).
5 Section 21. Reporting of hazardous conditions.
6 (a) Reports.--The department shall receive reports of
7 hazardous conditions relating to lead from the public or
8 employees. All reports shall be recorded by the department. The
9 department shall investigate all reports that are reasonably
10 based in fact. Reports shall be received whether submitted in
11 writing, by telephone call or through other means.
12 (b) Confidentiality.--Reports of hazardous conditions and
13 statements made as part of an investigation, including the
14 identity of the person making the report or statement, are
15 confidential and shall not be disclosed in any manner to anyone
16 other than State officials without the prior consent of the
17 person making the report or statement.
18 Section 22. Lead-Based Paint Abatement Advisory Committee.
19 (a) Advisory committee created.--The Lead-Based Paint
20 Abatement Advisory Committee is established to advise the
21 secretary with respect to the regulations to be promulgated
22 pursuant to this act and to other procedures, standards,
23 criteria, guidelines and related matters assigned to it by the
24 secretary.
25 (b) Membership.--The advisory committee shall be composed of
26 14 members, to be appointed by the secretary, as follows:
27 (1) The secretary or a designee, who shall act as
28 chairperson.
29 (2) The Secretary of Environmental Resources or a
30 designee.
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1 (3) The Secretary of Health or a designee.
2 (4) The Secretary of Transportation or a designee.
3 (5) The Secretary of Community Affairs or a designee.
4 (6) The Executive Director of the Pennsylvania Housing
5 Finance Agency or a designee.
6 (7) Two members who shall represent construction
7 contractors and who shall each have a minimum of two years'
8 experience in lead-based paint abatement.
9 (8) Two members who shall represent construction unions
10 whose members are engaged in lead-based paint abatement.
11 (9) Two members who shall represent the public interest
12 and who shall have expertise on lead-based paint abatement
13 issues.
14 (10) One member who shall represent building owners.
15 (11) One member who shall be an environmental consultant
16 and who shall have a minimum of three years' experience in
17 consulting on lead-based paint abatement.
18 Section 23. Relationship to Federal law.
19 (a) Regulations.--Regulations promulgated by the department
20 pursuant to this act shall be no less stringent than applicable
21 minimum standards established under Federal law or regulations.
22 (b) Conflict.--If a provision of this act conflicts with a
23 Federal law or regulation pertaining to lead-based paint
24 activities, the provision shall not apply to the extent that it
25 is preempted by the Federal law or regulation.
26 (c) Nonconformance.--Regulations promulgated pursuant to
27 this act that are not in conformance with a requirement of
28 Federal law or regulation shall be regarded as having been
29 amended in order to bring the regulation into conformance with
30 Federal law or regulation.
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1 Section 24. 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. Repeal.
8 The second sentence of section 7(c) of the act of December
9 19, 1990 (P.L.805, No.194), known as the Asbestos Occupations
10 Accreditation and Certification Act, is repealed.
11 Section 26. Effective date.
12 This act shall take effect in 180 days.
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