Cal. Code Regs. Tit. 17, § 36100 - Requirements for Abatement for Public and Residential Buildings

(a) Abatement for public and residential buildings which is designed to reduce lead paint or lead hazards for a minimum of twenty years shall be conducted:

(1) Only by a certified lead supervisor or a certified lead worker. A certified lead supervisor shall be onsite during all work site preparation and during the post-abatement cleanup of work areas. At all other times when abatement is conducted, the certified lead supervisor shall be onsite or available by telephone, pager or answering service, and able to be present at the work area in no more than two hours.

(2) According to the procedures specified in Chapter 12: Abatement, "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing," U.S. Department of Housing and Urban Development, June 1995.

(3) Using containment and in a manner which does not result in contaimination of non-work areas with lead-contaminated dust, lead-contaminated soil, or lead-based paint debris.

(4) In accordance with an abatement plan prepared by a certified lead supervisor, certified lead project monitor, or certified lead project designer which shall:

(A) Include the following information:

1. A detailed written description of the measures and management procedures, including containment, that will be utilized during abatement to prevent exposure to lead hazards;

2. A detailed written description of abatement, including methods of abatement and locations of rooms and components where abatement is planned;

3. A recommended schedule for re-inspection, based upon the type of abatement; and

4. Instructions on how to maintain potential lead hazards in safe condition.

(B) Be retained and made available to the Department upon request for a period of at least three years by the preparer.

(5) After notification is posted and delivered pursuant to subsection (c), the certified lead supervisor conducting abatement shall retain records of notification for at least three years.

(6) In a manner in which after abatement is completed, a clearance inspection is conducted in accordance with Section 36000(a) and Section 36000(c)(3) of this Chapter.

(b) Abatement for public and residential buildings which is designed to reduce lead paint or lead hazards for less than twenty years shall be conducted:

(A) According to procedures specified in Chapter 11: Interim Controls, "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing," U.S. Department of Housing and Urban Development, June 1995.

(2) Using containment and in a manner which does not result in contamination of non-work areas with lead-contaminated dust, lead-contaminated soil, or lead-based paint debris.

(3) In a manner to ensure that the work area has no lead contaminated dust following the completion of abatement.

(4) In a manner to ensure that a clearance inspection is conducted following the completion of abatement, if abatement was conducted in response to an identified case of lead poisoning as defined in Section 105280(b) of the California Health and Safety Code.

(5) After notification is posted and delivered pursuant to subsection (c).

(c) Prior to conducting abatement, the individual conducting abatement shall provide notification by completing an Abatement of Lead Hazards Notification, CDPH 8551 (6/07), form and:

(1) Posting at all entrances to the work area a copy of the completed form which shall not be removed until abatement has been completed and, for abatement conducted pursuant to subsection (a), a clearance inspection has been completed; and

(2) Delivering a copy of the completed form to the Department. Except for abatement conducted in response to an identified case of lead poisoning as defined in Section 105280(b) of the Health and Safety Code, the completed form shall be delivered to the Department at least five days prior to conducting abatement.

(d) Any individual conducting abatement or disturbing lead-based paint without containment shall permit the Department, or enforcement agencies, as specified in the California Health and Safety Code Sections 17960, 17961, and 17965, to access work areas to determine compliance with the requirements of this section.

Notes

Cal. Code Regs. Tit. 17, § 36100

1. New section filed 3-30-98 as an emergency; operative 3-30-98 (Register 98, No. 14). A Certificate of Compliance must be transmitted to OAL by 7-28-98 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-20-98 as an emergency; operative 7-29-98 pursuant to Government Code section 11346.1(d) (Register 98, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-27-98 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-20-98 order, including amendment of section heading and section, transmitted to OAL 11-23-98 and filed 1-8-99 (Register 99, No. 2).
4. Amendment of subsection (c) and NOTE filed 4-30-2008; operative 5-30-2008 (Register 2008, No. 18).

Note: Authority cited: Sections 105250(a), 105250(b), 124160(b), 124165 and 131200, Health and Safety Code. Reference: Sections 17960, 17961, 17964, 17970, 17972, 17980, 100170, 100175, 105250(a), 105250(b), 105280(a), 124160(b), 124165 and 131050, Health and Safety Code; Section 3494, Civil Code; Section 17200, Business and Professions Code; Section 17274(b), Revenue and Taxation Code; and Sections 11180 and 11181, Government Code.

1. New section filed 3-30-98 as an emergency; operative 3-30-98 (Register 98, No. 14). A Certificate of Compliance must be transmitted to OAL by 7-28-98 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-20-98 as an emergency; operative 7-29-98 pursuant to Government Code section 11346.1(d) (Register 98, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-27-98 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-20-98 order, including amendment of section heading and section, transmitted to OAL 11-23-98 and filed 1-8-99 (Register 99, No. 2).
4. Amendment of subsection (c) and Note filed 4-30-2008; operative 5-30-2008 (Register 2008, No. 18).