PROPOSED RULEMAKING
DEPARTMENT OF
LABOR AND INDUSTRY
[34 PA. CODE CH. 203]
Lead Occupation Accreditation and Certification
[26 Pa.B. 1133] The Department of Labor and Industry (Department), under the authority contained in the Lead Certification Act (act) (35 P. S. §§ 5901--5916), proposes regulations concerning the accreditation of training providers and the certification of lead-based-paint occupations.
Purpose of Proposed Rulemaking
The proposed regulations, set forth in Annex A, set forth stringent accreditation requirements and procedures for training providers and certification requirements and procedures for lead-based-paint occupations. The Department met with various representatives from the lead-based-paint industry to discuss these proposed regulations.
The act requires that the Department's regulations be no more stringent than the Federal requirements. These regulations are proposed to incorporate current Federal requirements.
Statutory Authority
The Department is publishing these proposed regulations under the authority contained in the act and in the Residential Lead-Based Paint Hazard Reduction Act of 1992, Pub. L. No. 102--550, Title X, October 28, 1992, 106 Stat 3897--3926.
Summary of Proposed Rulemaking
§ 203.1 (relating to definitions)
This proposed section provides definitions for the terms used in the chapter. The definitions found in the act are included.
§ 203.2 (relating to general administrative requirements)
This proposed section defines the purpose and scope of the proposed chapter and incorporates the Environmental Protection Agency (EPA) proposed standards found at 59 FR 45872 (September 2, 1994), to be codified at 40 CFR Part 745.
§ 203.3 (relating to training course accreditation procedures)
This proposed section provides for the accreditation of initial and refresher training courses. An application for accreditation shall be received 30 days before a training provider's first course session. The Department will grant conditional accreditation if the materials submitted are complete and comply with the Department's requirements. The Department will issue final-course approval after it determines, from a complete review of the materials and observation of the course, that the course meets the requirements of the act and these proposed regulations.
This proposed section sets out the specific requirements for courses in each of the occupations. For EPA occupation classifications, these regulations adopt the EPA's course requirements by reference.
This proposed section sets out the course text requirements, provides requirements for course changes and sets forth course-provider recordkeeping requirements.
§ 203.4. (relating to certification procedures and requirements)
This proposed section provides the requirements for initial and renewal occupation certifications. Lead-based-paint occupation certifications are valid for 1 year.
This proposed section provides the certification requirements and proof of certification requirements.
§ 203.5. (relating to denial, suspension or revocation of certification or accreditation)
This proposed section provides the grounds and the process for denial, suspension or revocation of accreditation or certification. The grounds for these actions are set out in subsection (a). These grounds are based on those found in the act and the EPA's model plan. This proposed section provides for notice and hearing, in accordance with 2 Pa.C.S. (relating to administrative law and procedure).
§ 203.6 (relating to work practices)
This proposed section incorporates EPA and United States Department of Housing and Urban Development (HUD) rules, regulations and guidelines. This section also imposes additional recordkeeping requirements.
§ 203.7 (relating to reciprocity)
This proposed section provides for the recognition of accreditation and certification granted by other states. The Department may enter into reciprocal agreements with other states and jurisdictions with accreditation and certification requirements substantially similar to those set forth in the act and these proposed regulations.
§ 203.8 (relating to fees)
This proposed section provides the fee schedules for initial and renewal certification fees, training course accreditation fees and refresher training course accreditation fees. There is a fee cap of $5,000 per year on training-course-provider fees for an individual provider.
§ 203.9 (relating to enforcement procedures and penalties)
This proposed section provides for civil penalties for violations of the act and these proposed regulations. This proposed section sets out certification and accreditation violations. It provides the standards to be used by the Department in determining a civil penalty, and allows the Department to issue orders for hazardous conditions.
§ 203.10 (relating to notification requirements)
This proposed section provides for notification for lead-based-paint abatement projects to the Department. This proposed section also provides for changes to the original notification of a lead-based-paint project.
Affected Persons
These proposed regulations will affect persons in lead-based-paint occupations, contractors, training providers and building owners.
Fiscal Impact and Paperwork
The Department will incur additional administrative costs and paperwork as a result of the proposed regulations. Lead-based-paint contractors, persons in lead-based-paint occupations and training-course providers will incur additional expenses as a result of these proposed regulations. Training providers will be required to keep some additional records on their students.
Sunset Date
A sunset date is not appropriate because the Commonwealth's program must be certified and in compliance with Federal standards.
Contact Person
Interested persons are invited to submit written comments, suggestions or objections regarding the proposed regulations to Sharon K. Lawson, Administrator, Asbestos Section, Bureau of Occupational and Industrial Safety, Department of Labor and Industry, Room 1402, Labor and Industry Building, Seventh and Forster Streets, Harrisburg, PA 17120, within 30 days of publication in the Pennsylvania Bulletin.
Prior to the adoption of final regulations, the Department will carefully review and consider comments received concerning this proposal. Written comments will be officially reviewed and considered by the Department within 30 days of the publication of these proposed regulations.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), the Department submitted a copy of the proposed regulations on February 28, 1996, to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House Labor Relations Committee and the Senate Labor and Industry Committee. In addition to submitting the proposed regulations, the Department has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the Department in compliance with Executive Order 1982-2, ''Improving Government Regulations.'' A copy of this material is available to the public upon request.
If IRRC has objections to any portion of the proposed regulations, it will notify the Department within 30 days of the close of the public comment period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review by the Board, the General Assembly and the Governor of objections raised prior to final publication of the proposed regulations.
JOHNNY J. BUTLER,
SecretaryFiscal Note: 12-47. No fiscal impact; (8) recommends adoption. Fees generated should offset program costs.
Annex A
TITLE 34. LABOR AND INDUSTRY
PART X. BUREAU OF OCCUPATIONAL
AND INDUSTRIAL SAFETY
CHAPTER 203. LEAD-BASED PAINT OCCUPATION ACCREDITATION AND CERTIFICATION Sec.
203.1. Definitions. 203.2. General administrative requirements. 203.3. Training course accreditation procedures. 203.4. Certification procedures and requirements. 203.5. Denial, suspension or revocation of certification or accreditation. 203.6. Work practices. 203.7. Reciprocity. 203.8. Fees. 203.9. Enforcement procedures and penalties. 203.10. Contractor notification requirements. § 203.1. Definitions.
The following words and terms when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Abatement--A set of measures designed to eliminate or reduce lead-based paint hazards in accordance with standards established by the EPA. The term includes the following:
(i) The removal of lead-based paint and lead-contaminated dust, the permanent containment or encapsulation of lead-based paint, the replacement of lead-painted surfaces or fixtures and the removal or covering of lead-contaminated soil.
(ii) The preparation, clean up, disposal and postabatement, clearance-testing activities associated with these measures.
(iii) Less-than-full abatement whereby the sources of lead contamination are reduced sufficiently to create a lead-safe environment rather than a lead-free environment.
The term does not include renovation and remodeling or landscaping activities by contractors whose primary intent is not to permanently eliminate or reduce lead-based paint hazards, but is instead to repair, restore or remodel a given structure or dwelling. The term does not include renovation and remodeling activities conducted by homeowners in their homes.
Accessible surface--An interior or exterior surface painted with lead-based paint that is accessible for a young child to mouth or chew.
Accreditation--A certificate issued by the Department permitting a person to conduct lead-based paint occupation training courses.
Act--The Lead Certification Act (35 P. S. §§ 5901--5916).
CDC--The United States Centers for Disease Control and Prevention.
Certification--A certificate issued by the Department permitting a person to work in a lead-based paint occupation and which contains a recent photograph of that person.
Certified contractor--A person, firm, company or institution which has been approved by the Department to perform lead-based paint activities in this Commonwealth.
Children--Individuals who are under 6 years of age.
Commercial building--A building constructed for the purpose of commercial or industrial activity and not primarily intended for use by the general public, including office complexes, industrial buildings, warehouses, factories and storage facilities.
Deleading--Activities conducted by a person who offers to eliminate or reduce lead-based paint or lead-based paint hazards or to plan these activities.
Demolition--Pulling down or completely destroying a building or structure or substantial removal of building elements.
Department--The Department of Labor and Industry of the Commonwealth.
Discipline--A classification for a specific lead-hazard activity.
EPA--The United States Environmental Protection Agency.
Friction surface--An interior or exterior surface that is subject to abrasion or friction. The term includes certain window, floor and stair surfaces.
HUD--The United States Department of Housing and Urban Development.
Hazard activities--Any set of measures designed to eliminate or reduce lead hazards in accordance with standards established by the EPA and other Federal agencies.
Hazardous condition--A condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil or a lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces or impact surfaces that would result in adverse human health effects as established by the administrator of the EPA under section 403 of the Toxic Substance Control Act (15 U.S.C.A. § 2683).
Impact surface--An interior or exterior surface that is subject to damage by repeated impacts; for example, certain parts of door frames.
Inspection--The term includes the following:
(i) A surface-by-surface investigation to determine the presence of lead-based paint, as provided in section 302(c) of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C.A. § 4822(c)).
(ii) The provision of a written report explaining the results of the investigation.
Inspector-risk assessor--A person trained to identify the presence of lead-based paint and to collect additional information designed to assess the level of risk to residents of target housing.
Lead-based paint--Paint or other surface coatings that contain lead in excess of the most current HUD standards, or in the case of paint or other surface coatings on target housing, such lower level as may be established by the Secretary of HUD under the Lead-Based Paint Poisoning Prevention Act.
Lead-based paint activities--The term includes the following:
(i) With respect to target housing, the term includes risk assessment, inspection and abatement.
(ii) With respect to a public building constructed before 1978, or a commercial building, bridge or other structure or superstructure, the term includes identification of lead-based paint and materials containing lead-based paint, deleading and removal of lead from bridges and demolition.
Lead-based-paint hazard--A condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil or lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces or impact surfaces, which exposure would result in adverse human health effects as established by the Department.
Nonprofit training provider--A training provider organized for a purpose not involving pecuniary profit, incidental or otherwise, to its members.
OSHA--The Occupational Safety and Health Administration.
Occupations--The term includes worker, supervisor, inspector, risk-assessor, project designer and all other occupations covered by the EPA and OSHA rules, regulations and guidelines on lead-based paint activities.
Person--The term includes the following:
(i) An individual.
(ii) A corporation, partnership or association.
(iii) The Commonwealth, including an agency and instrumentality of the Commonwealth.
(iv) A political subdivision, including an agency or instrumentality of a political subdivision.
Planner-project designer--A person trained and certified to plan and design lead-based-paint activities.
Public building--A building constructed prior to 1978, which is generally open to the public or occupied or visited by children. The term includes schools, day care centers, museums, airport terminals, hospitals, stores, restaurants, office buildings, convention centers and government buildings. The term excludes target housing.
Renovation and remodeling activities--Activities whose primary intent is not to permanently eliminate or reduce lead-based-paint hazards, but is instead to repair, restore or remodel a given structure or dwelling.
Residential dwelling--The term includes the following:
(i) A single-family dwelling, including attached structures such as porches and stoops.
(ii) A single-family dwelling unit in a structure that contains more than one separate residential dwelling unit and in which each unit is used or occupied, or intended to be used or occupied, in whole or in part, as the home or residence of one or more individuals.
Risk assessment--Onsite investigation to determine and report the existence, nature, severity and location of lead hazards in residential dwellings, including the following:
(i) Information gathering regarding the age and history of the housing and occupancy by children under 6 years of age.
(ii) Visual inspection.
(iii) Wipe sampling or other environmental testing and sampling techniques.
(iv) Other activity as may be appropriate.
(v) Provision of a report explaining the results of the investigation.
Secretary--The Secretary of the Department.
Superstructure--A large steel or other industrial structure, such as a bridge or water tower which might contain lead-based materials.
Target housing--Housing constructed prior to 1978, or any zero-bedroom dwelling. The term excludes housing for the elderly or persons with disabilities unless a child who is under 6 years of age resides or is expected to reside in the housing.
XRF analyzer--A machine that utilizes X-Ray Fluorescence (XRF) to test for the presence of lead-based paint.
§ 203.2. General administrative requirements.
(a) Purpose and scope. This chapter implements the certification, accreditation, work practices and other requirements of the act.
(b) This chapter applies to the following persons:
(1) Persons engaged in lead-based-paint occupations in this Commonwealth.
(2) Persons performing lead-based-paint abatement upon or within a building which they own or occupy who utilize employes to perform lead-based-paint abatement.
(3) Training course providers desiring to provide training courses required for employment in any lead-based-paint-abatement occupations in this Commonwealth.
(c) This subchapter does not relieve any person subject to the act from any duty or responsibility under any other Federal or State statutes or regulations, or local ordinances relating to lead-based-paint abatement.
(d) EPA standards found at 59 FR 45872 (September 2, 1994), to be codified at 40 CFR Part 745, or successor regulations, are incorporated by reference as the standards by which to carry out the provisions of the act.
(e) If the EPA regulations found at 40 CFR Part 745 and the remaining provisions of this chapter conflict, the provisions of this chapter apply.
§ 203.3. Training course accreditation procedures.
(a) Federal regulations. Training providers shall meet the EPA training course requirements found at 59 FR 45872 (September 2, 1994), to be codified at 40 CFR Part 745, or successor regulations.
(b) Accreditation of initial and refresher courses.
(1) Any person may apply to the Department for approval to conduct training courses, including refresher training courses. Any person desiring to apply as an approved training provider for a specific course shall complete an application prescribed by the Department and submit the completed application with the appropriate fee prescribed by § 203.8 (relating to fees). The application must be received by the Department at least 30 days prior to the first course session. The Department will not process an application which is submitted without the fee or that is incomplete.
(2) A provider requesting accreditation of a training course given outside this Commonwealth shall, in addition to complying with paragraph (1), submit copies of applicable State or Federal approvals, along with the name, address and telephone number of the person, department or agency giving the approval.
(3) The Department will grant conditional accreditation of a training course if it determines that the materials submitted are complete and demonstrate that the course substantially meets the Department's requirements.
(4) The Department will grant final accreditation of a conditionally accredited training course and issue a certificate of accreditation when it has determined from a complete review of application materials that the course meets the Department's requirements, and when a Department representative has observed and satisfactorily evaluated the course in progress.
(5) The Department will inform the provider in writing of its reasons for denying conditional and final accreditation. The Department may schedule a reevaluation at its discretion.
(6) Course accreditation shall be renewed annually in the manner prescribed by paragraph (1).
(c) Course test.
(1) A monitored final written examination will be required for all courses unless provided for in this chapter. For students who are unable to take a written examination, the Department may accept an equivalent oral examination.
(2) Training course instructors who provide oral examinations for students who are unable to take a written examination shall issue an answer sheet to be marked by the attendee. The student shall sign the answer sheet, and it shall become a part of the training course provider's recordkeeping as described in this chapter.
(3) The minimum number of multiple-choice questions for initial lead occupation course examinations shall be as follows:
(i) 100--Lead-based paint risk assessor.
(ii) 100--Lead-based paint project designer.
(iii) 50--Lead-based paint inspector.
(iv) 100--Lead-based paint supervisor.
(v) 50--Lead-based paint worker.
(4) The minimum number of multiple choice questions for refresher lead-based-paint-occupation course examinations shall be 25 questions.
(5) A passing grade on the course list is a score of 70% or more.
(d) Changes to accredited training courses.
(1) A provider may change an accredited training course only with approval of the Department. The provider shall submit to the Department written notice of the contemplated change at least 10 days before its proposed implementation date. The Department may waive the 10-day requirement for good cause shown.
(2) Changes may include the following:
(i) Topic covered.
(ii) Course materials.
(iii) Training course instructors.
(iv) Teaching methods.
(v) Dates and location of scheduled courses.
(vi) Language in which course is given.
(3) The Department may grant conditional approval of a change pending its detailed evaluation of the change.
(e) Training course provider requirements.
(1) The provider shall notify the Department in writing of the scheduled commencement of a course at least 5 days before the first session.
(2) The provider shall cooperate with the Department in all matters relating to the conduct of the course and shall permit representatives of the Department to attend course sessions at no cost. The provider shall make available to the Department, upon request and at no cost, course materials, examinations and records.
(3) The provider shall submit the following information to the third-party testing agency, for each student who has met the qualifications for supervisor, risk assessor or inspector for a training certificate, within 5 days of the successful completion of the course:
(i) The student's name.
(ii) The student's address.
(iii) The student's telephone number, if available.
(iv) The student's unique identification number.
(v) The name of the course completed.
(vi) The date of the course.
(vii) The course test score.
§ 203.4. Certification procedures and requirements.
(a) Federal regulations. Applicants for certification shall meet the EPA certification course requirements found at 59 FR 45872 (September 2, 1994), to be codified at 40 CFR Part 745, or successor regulations.
(b) Certification of individuals. An applicant for certification in a lead-based-paint occupation shall submit a completed application on a form provided by the Department, along with the appropriate fee designated in § 203.8 (relating to fees), and a copy of the training certificate required under EPA regulations. The Department will not process an application that is incomplete or submitted without the proper fee.
(c) Contractor certification. Applications for certification of a contractor or firm shall be submitted in the same manner as provided by subsection (b), except that no EPA training certificate is required.
(d) Proof of certification.
(1) A person engaged in a lead-based-paint occupation shall posses a Commonwealth-issued photo identification card or Commonwealth notification for a photo identification card. This documentation shall be available at each work site for inspection by the Department.
(2) A person whose photo identification card or Commonwealth notification for a photo identification card is lost or destroyed shall notify the Department in writing within 2 days, and shall maintain a copy of the written notification at the work site until the Department issues a new photo identification card or Commonwealth notification for a photo identification card.
(3) A contractor or firm shall have available on the work site a certificate of approval issued by the Department.
(e) Renewal. Certification shall be renewed annually in the same manner as provided in subsections (a) and (b). Photo identification cards and certificates of approval will be issued annually.
(f) Supervisors. A certified supervisor may perform the tasks of a worker.
§ 203.5. Denial, suspension or revocation of certification or accreditation.
(a) Grounds.
(1) The Department may deny an application for certification or accreditation, and may suspend or revoke a certification or accreditation issued under the act and this chapter for one or more of the following reasons:
(i) Fraudulently or deceptively obtaining or attempting to obtain accreditation or certification.
(ii) Failure to meet the requirements of the act or this chapter.
(iii) Failure to meet applicable Federal or State standards relating to lead-based-paint activities.
(iv) Failure to pay a required fee.
(v) Failure to meet standards for conducting lead-based-paint activities.
(b) Notice and hearing.
(1) Actions of the Department related to denial, suspension or revocation will be taken subject to the right of notice, hearing and adjudication in accordance with 2 Pa.C.S. (relating to administrative law and procedure). Hearings will be conducted under 1 Pa. Code Part II (relating to the General Rules of Administrative Practice and Procedure).
(2) After hearing, the Department by written order may affirm, reverse or modify the denial, suspension or revocation.
(c) Administrative proceedings, civil actions and criminal proceedings. Denial, suspension or revocation of certification or accreditation will not affect or mitigate an administrative proceeding, civil action or criminal proceeding permitted by the act or this chapter or by any other law or regulation.
§ 203.6. Work practices.
(a) Work practices shall conform to current HUD and EPA guidelines, rules and regulations on lead-based-paint activities.
(b) Additional recordkeeping requirements are as follows:
(1) The lead-based-paint contractor shall maintain a list of individuals engaged in lead-based-paint occupations or who enter the lead-based-paint-abatement project area at each job site. The list shall include the following information:
(i) Names.
(ii) Certification identification number.
(iii) Job classification or job title.
(iv) Time in daily.
(v) Time out daily.
(vi) Other information that may be required by the Department.
(2) These records shall be available to the Department upon request.
§ 203.7. Reciprocity.
(a) Certification of occupations and accreditation of other training programs.
(1) The Department may enter into reciprocal agreements with other states and jurisdictions which have established accreditation and certification requirements substantially similar to those set forth in the act and this chapter.
(2) The Department will designate, by notice in the Pennsylvania Bulletin, states and jurisdictions which have certification and accreditation programs for which the Department has granted reciprocity.
(b) Procedure and fees.
(1) A person applying for accreditation under this section shall comply with § 203.3(b) (relating to training course accreditation procedures) and pay the appropriate fee listed in § 203.8 (relating to fees).
(2) A person applying for certification under this section shall comply with § 203.4(b) (relating to certification procedures and requirements) and pay the appropriate fee listed in § 203.8.
§ 203.8. Fees.
(a) General information. This section sets out the Department's certification and accreditation fees. Fees shall be remitted by check or money order made payable to the Commonwealth of Pennsylvania. Fees are not refundable.
(b) Certification fees. Applicants for certification in lead occupations shall remit the following initial and annual renewal fees:
(1) Lead-based-paint risk assessor $300 (2) Lead-based-paint project designer $300 (3) Lead-based-paint inspector $300 (4) Lead-based-paint supervisor $100 (5) Lead-based-paint worker $ 50 (6) Lead-based-paint contractor $500 (c) Training course accreditation fees. Providers of training courses shall remit the following initial and annual renewal accreditation fees:
(1) Application for each initial training course
$1,000(2) Renewal of accreditation for the initial
training course
$ 500(d) Refresher training course accreditation fees. Providers of refresher training courses shall remit the following initial accreditation and annual renewal fees:
(1) Accreditation of each refresher
lead-based-paint course
$ 500(2) Renewal of accreditation for refresher
lead-based-paint course
$ 250(e) Cumulative fees. Within any calendar year, cumulative course accreditation fees will not exceed $5,000 for an individual training provider.
(f) Waiver of fees. Accreditation fees will not be imposed on any state, local government or nonprofit training provider. Certification fees will not be imposed on any state, local government or nonprofit training provider, as long as employes actually perform the lead-based-paint activities.
§ 203.9. Enforcement procedures and penalties.
(a) General rule. A person may not cause, permit or allow a lead-based-paint activity to be performed in violation of the act or this chapter. A person may not cause, permit or allow the performance of an act or operation in violation of an order issued by the Department under the act or this chapter.
(b) Violations. The Department will have the power to issue an order requiring compliance with the act or this chapter.
(1) An order will be served, personally or by certified mail, upon the person being charged with the violation.
(2) In the case of a violation of lead-based-paint work practice standards, a copy of the order will also be served, personally or by certified mail, upon the property owner and a copy shall be posted on the premises.
(c) Hazardous conditions. If the Department determines that a hazardous condition exists, the Department may do one or more of the following:
(1) Issue an order to those engaged to cease immediately all lead-based-paint activities until the condition is corrected.
(2) Issue an order to remove any workers except those needed to abate the hazard from the project work area until the condition is corrected to prevent further project activity.
(3) Issue an order to evacuate appropriate portions of the site until the condition is corrected.
(4) Certify the existence of a lead-based-paint hazard that exists due to the failure of a contractor or the contractor's employe to comply with the act, charge the added cost of any corrective cleanup or removal to the contractor responsible for the hazardous condition which exists due to the noncompliance, and collect the cost by lien or other means as may be authorized by law.
(5) Apply to an appropriate court for relief by injunction or restraining order against any person responsible for the hazardous condition.
(d) Penalties. In addition to the sanctions or remedial orders provided in this section, a person who fails to comply with a requirement of the act or this section, or who fails to obey an order issued by the Department, may be subject to one or more of the following penalties:
(1) Denial, suspension or revocation of accreditation or certification for a person, training provider or contractor as provided by § 203.5 (relating to denial, suspension or revocation of certification or accreditation).
(2) Administrative penalties of not more than $1,000 for the first offense, not more than $5,000 on the second offense and not more than $10,000 for each subsequent offense. Each day a violation continues to exist shall constitute an additional, separate and distinct violation.
(i) If the violating person is a contractor, in determining the penalty, consideration shall be given to the appropriateness of the penalty to the size of the business of the person charged, taking into account the number of employes employed by that person, the dollar volume of sales or business, the amount of capital investment and financial resources, and other information that may be available relative to the size of the business of the person.
(ii) In determining the penalty, consideration shall be given to the appropriateness of the penalty to the gravity of the violation, taking into account factors, including, any history of prior violation; any evidence of willfulness or failure to take reasonable precautions to prevent violations; and the extent of exposure to hazardous conditions.
(e) Finality of determination. An administrative determination of a civil penalty for a violation of the act or this chapter shall become final 15-calendar days after receipt of the notice-of-penalty determination by certified mail by the person so charged, unless the person has filed, with the Department, an exception to the determination that the violation for which the penalty is imposed occurred.
§ 203.10. Contractor notification requirements.
(a) Notification.
(1) Lead-based-paint abatement contractors shall notify the Department before engaging in a lead-based-paint abatement project in the manner prescribed by the Department.
(2) Notification shall be postmarked or hand delivered to the Department at least 5-business days prior to the project start date.
(3) In the case of an emergency project, verbal notification shall be given immediately to the Department and written notification shall be provided to the Department within 1 business day of the emergency. Notification by fax in emergencies is acceptable if followed by original written and signed notification.
(b) Contents of the notification. The notification shall contain, at a minimum, the following information:
(1) The name, address and certification number of the contractor.
(2) The name and address of the lead-based-paint abatement project and the political subdivision where it is located.
(3) The name and address of the building owner.
(4) The name and address of the landfill where the lead will be sent for disposal.
(5) The estimated start and the completion date of the project.
(6) The anticipated number of certified persons to be used at the work site.
(7) A copy of Model OSHA Written Compliance Plan, Form 9.1, filed with OSHA for the project.
(c) Changes to notification.
(1) If there is a change in any of the information provided on the notification form, the contractor shall immediately notify the Department of the changes in the manner provided in subsection (a)(3), provided that:
(i) In the case of a postponement of the start date, the contractor shall provide the Department with immediate verbal notification and shall submit written confirmation of the postponement within 1 business day before the original start date.
(ii) In the case of an advancement of the start date, the contractor shall provide the Department with written notification of the advancement at least 5 business days prior to the new start date.
(iii) Notification by fax is acceptable if followed by the original written and signed notification.
(2) Notification to the Department does not relieve the lead-based-paint contractor of the responsibility for making written notification as may be required by a municipality, agency of the Commonwealth or agency of the Federal government.
[Pa.B. Doc. No. 96-395. Filed for public inspection March 15, 1996, 9:00 a.m.]
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