PRIOR PRINTER'S NO. 4080 PRINTER'S NO. 4370
No. 2737 Session of 2002
INTRODUCED BY T. ARMSTRONG, BELFANTI, FLICK, LYNCH, EACHUS,
YEWCIC, SCHRODER, BASTIAN, J. BAKER, CAPPELLI, FEESE, LEH,
METCALFE, PICKETT, ROHRER, SAYLOR, STEIL, WILT, BUXTON,
CASORIO, KAISER, McGEEHAN, SURRA, YUDICHAK AND WASHINGTON,
JUNE 20, 2002
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 1, 2002
AN ACT
1 Amending the act of July 6, 1995 (P.L.291, No.44), entitled "An
2 act regulating lead-based paint activities," further defining
3 "lead-based paint"; PROVIDING FOR THE CERTIFICATION OF <--
4 PERSONS CONDUCTING HAZARDOUS PAINTING; and further providing
5 for enforcement and penalties.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. The definition of "lead-based paint" in section 3 <--
9 of the act of July 6, 1995 (P.L.291, No.44), known as the Lead
10 Certification Act, is amended to read:
11 Section 3. Definitions.
12 The following words and phrases when used in this act shall
13 have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 * * *
16 "Lead-based paint." Paint or other surface coatings that
17 contain lead equal to or in excess of [the most current
1 Department of Housing and Urban Development standards or, in the
2 case of paint or other surface coatings on target housing, such
3 lower level as may be established by the Secretary of Housing
4 and Urban Development under the Lead-Based Paint Poisoning
5 Prevention Act (Public Law 91-695, 42 U.S.C. § 4822(c))] 1.0
6 milligrams per square centimeter, or more than 0.5% by weight.
7 * * *
8 Section 2. Section 10 of the act is amended to read:
9 Section 10. Enforcement and penalties.
10 (a) General rule.--A person shall not cause, suffer, permit
11 or allow a lead-based paint activity to be performed in
12 violation of any provision of this act or regulations
13 promulgated under this act; nor shall any person cause, suffer,
14 permit or allow the performance of any act or operation in
15 violation of any order issued by the department pursuant to this
16 act or regulations promulgated under this act.
17 (b) [Violations.--The department] Enforcement.--
18 (1) The department shall have the power to issue an
19 order requiring compliance with this act or regulations
20 promulgated under this act. An order shall be served
21 personally or by certified mail at the last known address of
22 the person violating a provision of this act or a regulation
23 promulgated under this act. In the case of a violation of a
24 lead-based paint work practice standard, a copy of the order
25 shall also be served personally or by certified mail at the
26 last known address upon the property owner and a copy shall
27 be posted on the premises.
28 (2) The department, a district attorney or other proper
29 enforcement officer of any municipality in which a lead-based
30 paint abatement project is occurring shall have the power to
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1 prosecute a person in violation of subsection (a) in a court
2 of competent jurisdiction.
3 (c) Hazardous conditions.--If the department determines that
4 a hazardous condition exists due to the failure to comply with a
5 provision of this act or a regulation promulgated under this
6 act, the department, in addition to invoking other sanctions
7 available to it, may invoke any of the following remedies:
8 (1) Issue an order to those engaged:
9 (i) to cease immediately all lead-based paint
10 activities until the condition is corrected; and
11 (ii) to remove any workers except those needed to
12 abate the hazard from the project work area until the
13 condition is corrected in order to prevent further
14 project activity.
15 (2) Evacuate appropriate portions of the site until the
16 condition is corrected.
17 (3) Certify the existence of a lead-based paint hazard
18 that exists due to the failure of a contractor or his
19 employee to comply with the provisions of this act, charge
20 the added cost of any corrective cleanup or removal to the
21 contractor responsible for the hazardous condition which
22 exists due to the noncompliance and collect the cost by lien
23 or any other means as may be authorized by law.
24 (4) Apply to an appropriate court for relief by
25 injunction or restraining order against any person
26 responsible for the hazardous condition.
27 (d) [Penalties] Administrative penalties.--In addition to
28 the sanctions or remedial orders provided in this section, a
29 person who fails to comply with a requirement of this act or a
30 regulation promulgated under this act or who fails to obey an
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1 order issued by the department may be subject to any of the
2 following penalties:
3 (1) Denial, suspension or revocation of accreditation or
4 certification for a person, training provider or contractor
5 who does any of the following:
6 (i) Fraudulently or deceptively obtains or attempts
7 to obtain accreditation or certification.
8 (ii) Fails to meet the requirements of this act or
9 regulations adopted under this act.
10 (iii) Fails to meet applicable Federal or State
11 standards relating to lead-based paint activities.
12 (iv) Fails to pay a required fee.
13 (2) Imposition of an administrative penalty of not more
14 than [$1,000] $5,000 for the first offense, not more than
15 [$5,000] $10,000 for the second offense and not more than
16 [$10,000] $25,000 for the third and each subsequent offense.
17 (3) Issuance of an order to cease any lead-based paint
18 activity immediately.
19 (4) Initiation of legal action or proceeding in a court
20 of competent jurisdiction.
21 (e) Continued violations.--Each day a violation continues to
22 exist shall constitute an additional, separate and distinct
23 violation for which a separate administrative penalty shall be
24 imposed.
25 (f) Criminal penalties.--In addition to the other sanctions
26 provided for in this section:
27 (1) A person, except an agency or instrumentality of the
28 Commonwealth, that violates subsection (a) commits a summary
29 offense and shall, upon conviction, be sentenced to pay a
30 fine of not more than $5,000 for each day of violation or to
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1 imprisonment for not more than 30 days, or both, for a first
2 offense.
3 (2) For each subsequent violation, a person that
4 violates subsection (a) commits a misdemeanor of the third
5 degree and shall, upon conviction, be sentenced to pay a fine
6 of not more than $25,000 or to imprisonment for not more than
7 90 days, or both.
8 Section 3. This act shall take effect in 60 days.
9 SECTION 1. THE ACT OF JULY 6, 1995 (P.L.291, NO.44), KNOWN <--
10 AS THE LEAD CERTIFICATION ACT, IS AMENDED BY ADDING A CHAPTER
11 HEADING TO READ:
12 CHAPTER 1
13 GENERAL PROVISIONS
14 SECTION 2. SECTIONS 1, 2 AND 3 OF THE ACT ARE AMENDED TO
15 READ:
16 SECTION [1] 101. SHORT TITLE.
17 THIS [ACT] CHAPTER SHALL BE KNOWN AND MAY BE CITED AS THE
18 LEAD CERTIFICATION AND HAZARDOUS PAINTING CERTIFICATION ACT.
19 SECTION [2] 102. LEGISLATIVE FINDINGS AND INTENT.
20 (A) FINDINGS.--THE GENERAL ASSEMBLY FINDS AS FOLLOWS:
21 (1) LEAD POISONING IS A SIGNIFICANT HEALTH HAZARD TO THE
22 CITIZENS OF THIS COMMONWEALTH. LEAD POISONING IS PARTICULARLY
23 A HAZARD TO CHILDREN WHO TYPICALLY ARE EXPOSED TO LEAD
24 THROUGH ENVIRONMENTAL SOURCES SUCH AS LEAD-BASED PAINT IN
25 HOUSING AND LEAD-CONTAMINATED DUST AND SOIL. IT IS THE POLICY
26 OF THIS COMMONWEALTH TO PROTECT THE HEALTH AND WELFARE OF ITS
27 CITIZENS THROUGH REDUCTION OF LEAD IN THE ENVIRONMENT.
28 (2) IMPROPER ABATEMENT OF LEAD-BASED PAINT WITHIN THIS
29 COMMONWEALTH CONSTITUTES A SERIOUS THREAT TO THE PUBLIC
30 HEALTH AND SAFETY AND TO THE ENVIRONMENT. THE HANDLING OF
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1 LEAD-CONTAINING SUBSTANCES BY INADEQUATELY TRAINED EMPLOYERS,
2 EMPLOYEES AND OTHER PERSONS SUBJECTS THE CITIZENS OF THIS
3 COMMONWEALTH TO THE RISK OF FURTHER RELEASE OF LEAD INTO THE
4 ENVIRONMENT.
5 (B) INTENT.--THE GENERAL ASSEMBLY DECLARES THE FOLLOWING TO
6 BE THE INTENT OF THIS [ACT] CHAPTER:
7 (1) TO PROTECT THE PUBLIC HEALTH BY PREVENTING EXPOSURE
8 TO LEAD THROUGH REGULATION OF LEAD-BASED PAINT ACTIVITIES.
9 (2) TO ESTABLISH A PROGRAM TO TRAIN INDIVIDUALS ENGAGED
10 IN LEAD-BASED PAINT ACTIVITIES TO INSURE THEY HAVE THE
11 NECESSARY SKILL, TRAINING, EXPERIENCE AND COMPETENCE TO
12 PERFORM THESE ACTIVITIES.
13 (3) TO MONITOR THE WORK PRACTICES OF THOSE PERSONS
14 PERFORMING LEAD-BASED PAINT ACTIVITIES TO INSURE THE WORK IS
15 PERFORMED IN ACCORDANCE WITH REQUIRED STANDARDS.
16 (4) TO INSURE THAT THE CLEANUP, DISPOSAL AND
17 POSTABATEMENT CLEARANCE TESTING ACTIVITIES OF PERSONS
18 PERFORMING LEAD-BASED PAINT ACTIVITIES ARE PERFORMED IN
19 ACCORDANCE WITH REQUIRED STANDARDS.
20 SECTION [3] 103. DEFINITIONS.
21 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS [ACT]
22 CHAPTER SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION
23 UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
24 "ABATEMENT." ANY SET OF MEASURES DESIGNED TO ELIMINATE OR
25 REDUCE LEAD-BASED PAINT HAZARDS IN ACCORDANCE WITH STANDARDS
26 ESTABLISHED BY THE ENVIRONMENTAL PROTECTION AGENCY. THE TERM
27 INCLUDES ALL OF THE FOLLOWING:
28 (1) THE REMOVAL OF LEAD-BASED PAINT AND LEAD-
29 CONTAMINATED DUST, THE PERMANENT CONTAINMENT OR ENCAPSULATION
30 OF LEAD-BASED PAINT, THE REPLACEMENT OF LEAD-PAINTED SURFACES
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1 OR FIXTURES AND THE REMOVAL OR COVERING OF LEAD-CONTAMINATED
2 SOIL.
3 (2) ALL PREPARATION, CLEANUP, DISPOSAL AND POSTABATEMENT
4 CLEARANCE TESTING ACTIVITIES ASSOCIATED WITH SUCH MEASURES.
5 (3) LESS-THAN-FULL ABATEMENT WHEREBY THE SOURCES OF LEAD
6 CONTAMINATION ARE REDUCED SUFFICIENTLY TO CREATE A "LEAD-
7 SAFE" ENVIRONMENT RATHER THAN A "LEAD-FREE" ENVIRONMENT.
8 (4) ABATEMENT DOES NOT INCLUDE RENOVATION AND REMODELING
9 OR LANDSCAPING ACTIVITIES BY CONTRACTORS WHOSE PRIMARY INTENT
10 IS NOT TO PERMANENTLY ELIMINATE OR REDUCE LEAD-BASED PAINT
11 HAZARDS, BUT IS INSTEAD TO REPAIR, RESTORE OR REMODEL A GIVEN
12 STRUCTURE OR DWELLING, NOR DOES IT INCLUDE RENOVATION AND
13 REMODELING ACTIVITIES CONDUCTED BY HOMEOWNERS IN THEIR HOMES.
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 "CDC." THE UNITED STATES CENTERS FOR DISEASE CONTROL AND
18 PREVENTION.
19 "CERTIFIED CONTRACTOR." A PERSON, FIRM, COMPANY OR
20 INSTITUTION WHICH HAS BEEN APPROVED BY THE DEPARTMENT OF LABOR
21 AND INDUSTRY TO PERFORM LEAD-BASED PAINT ACTIVITIES IN THIS
22 COMMONWEALTH.
23 "CHILDREN." INDIVIDUALS WHO ARE UNDER SIX YEARS OF AGE.
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, INCLUDING, BUT NOT
27 LIMITED TO, OFFICE COMPLEXES, INDUSTRIAL BUILDINGS, WAREHOUSES,
28 FACTORIES AND STORAGE FACILITIES.
29 "DELEADING." ACTIVITIES CONDUCTED BY A PERSON WHO OFFERS TO
30 ELIMINATE OR REDUCE LEAD-BASED PAINT OR LEAD-BASED PAINT HAZARDS
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1 OR TO PLAN SUCH ACTIVITIES.
2 "DEMOLITION." PULLING DOWN OR COMPLETELY DESTROYING A
3 BUILDING OR STRUCTURE OR SUBSTANTIAL REMOVAL OF BUILDING
4 ELEMENTS.
5 "DEPARTMENT." THE DEPARTMENT OF LABOR AND INDUSTRY OF THE
6 COMMONWEALTH.
7 "DISCIPLINE." A CLASSIFICATION FOR A SPECIFIC LEAD HAZARD
8 ACTIVITY.
9 "EMPLOYEE." A PERSON WHO WORKS FOR AN EMPLOYER BUT NOT IN A
10 PLACE USED PRIMARILY AS A PERSONAL RESIDENCE.
11 "EMPLOYER." A PERSON, INCLUDING THE COMMONWEALTH OR A
12 POLITICAL SUBDIVISION OF THE COMMONWEALTH, WHO HAS ONE OR MORE
13 EMPLOYEES WORKING IN A PLACE NOT USED PRIMARILY AS A PERSONAL
14 RESIDENCE.
15 "EPA." THE ENVIRONMENTAL PROTECTION AGENCY.
16 "FRICTION SURFACE." AN INTERIOR OR EXTERIOR SURFACE THAT IS
17 SUBJECT TO ABRASION OR FRICTION. THE TERM INCLUDES, BUT IS NOT
18 LIMITED TO, CERTAIN WINDOW, FLOOR AND STAIR SURFACES.
19 "HAZARD ACTIVITIES." ANY SET OF MEASURES DESIGNED TO
20 ELIMINATE OR REDUCE LEAD HAZARDS IN ACCORDANCE WITH STANDARDS
21 ESTABLISHED BY THE ENVIRONMENTAL PROTECTION AGENCY AND OTHER
22 FEDERAL AGENCIES.
23 "HAZARDOUS CONDITION." ANY CONDITION THAT CAUSES EXPOSURE TO
24 LEAD FROM LEAD-CONTAMINATED DUST, LEAD-CONTAMINATED SOIL OR A
25 LEAD-CONTAMINATED PAINT THAT IS DETERIORATED OR PRESENT IN
26 ACCESSIBLE SURFACES, FRICTION SURFACES OR IMPACT SURFACES THAT
27 WOULD RESULT IN ADVERSE HUMAN HEALTH EFFECTS AS ESTABLISHED BY
28 THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY UNDER
29 SECTION 403 OF THE TOXIC SUBSTANCES CONTROL ACT (PUBLIC LAW 94-
30 469, 15 U.S.C. § 2683).
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1 "HAZARDOUS PAINTING." THE APPLICATION OF A SUBSTANCE
2 CONTAINING OR COMBINED WITH A TOXIC OR HAZARDOUS SUBSTANCE IN
3 VAPORIZED, LIQUID OR PARTICULATE FORM TO CREATE A COATING THAT
4 WILL ADHERE TO A SURFACE TO PROTECT OR PRESERVE THE SURFACE. THE
5 TERM DOES NOT INCLUDE THE APPLICATION OF WATER-BASED PAINT THAT
6 DOES NOT CONTAIN EMULSION EPOXIES OR ISOCYANATES.
7 "HEALTH HAZARD." A SUBSTANCE OR PHYSICAL AGENT CAPABLE OF
8 CAUSING ACUTE OR CHRONIC ADVERSE EFFECTS TO HEALTH.
9 "HUD." THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
10 "IMPACT SURFACE." AN INTERIOR OR EXTERIOR SURFACE THAT IS
11 SUBJECT TO DAMAGE BY REPEATED IMPACTS, FOR EXAMPLE, CERTAIN
12 PARTS OF DOOR FRAMES.
13 "INDIVIDUAL." ANY OF THE FOLLOWING:
14 (1) A PAINTING CONTRACTOR, AN EMPLOYEE OF A PAINTING
15 CONTRACTOR OR A PERSON ENGAGED IN THE BUSINESS OF PAINTING,
16 BUT NOT INCLUDING A CASUAL LABORER, A COMMERCIAL ARTIST OR A
17 PERSON WHO CREATES ARTWORKS.
18 (2) A GLAZING CONTRACTOR, AN EMPLOYEE OF A GLAZING
19 CONTRACTOR OR A PERSON ENGAGED IN THE BUSINESS OF GLAZING.
20 (3) A DRYWALL FINISHING CONTRACTOR, AN EMPLOYEE OF A
21 DRYWALL FINISHING CONTRACTOR OR A PERSON ENGAGED IN THE
22 BUSINESS OF DRYWALL FINISHING.
23 (4) A WALLCOVERING OR PAPERHANGING CONTRACTOR, AN
24 EMPLOYEE OF A WALLCOVERING OR PAPERHANGING CONTRACTOR OR A
25 PERSON ENGAGED IN THE BUSINESS OF WALLCOVERING OR
26 PAPERHANGING.
27 "INSPECTION."
28 (1) A SURFACE-BY-SURFACE INVESTIGATION TO DETERMINE THE
29 PRESENCE OF LEAD-BASED PAINT, AS PROVIDED IN SECTION 302(C)
30 OF THE LEAD-BASED PAINT POISONING PREVENTION ACT (PUBLIC LAW
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1 91-695, 42 U.S.C. § 4822(C)).
2 (2) THE PROVISION OF A WRITTEN REPORT EXPLAINING THE
3 RESULTS OF THE INVESTIGATION.
4 "INSPECTOR-RISK ASSESSOR." A PERSON TRAINED AND CERTIFIED TO
5 PERFORM ALL ACTIVITIES OF THE INSPECTOR-TECHNICIAN, AS WELL AS
6 TO IDENTIFY THE PRESENCE OF LEAD-BASED PAINT AND TO COLLECT
7 ADDITIONAL INFORMATION DESIGNED TO ASSESS THE LEVEL OF RISK TO
8 RESIDENTS OF TARGET HOUSING.
9 "INSPECTOR-TECHNICIAN." A PERSON TRAINED AND CERTIFIED TO
10 PERFORM INSPECTIONS SOLELY FOR THE PURPOSE OF DETERMINING THE
11 PRESENCE OF LEAD-BASED PAINT THROUGH THE USE OF ONSITE TESTING,
12 SUCH AS XRF ANALYSIS, AND THE COLLECTION OF SAMPLES FOR
13 LABORATORY ANALYSIS.
14 "LEAD-BASED PAINT." PAINT OR OTHER SURFACE COATINGS THAT
15 CONTAIN LEAD EQUAL TO OR IN EXCESS OF [THE MOST CURRENT
16 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT STANDARDS OR, IN THE
17 CASE OF PAINT OR OTHER SURFACE COATINGS ON TARGET HOUSING, SUCH
18 LOWER LEVEL AS MAY BE ESTABLISHED BY THE SECRETARY OF HOUSING
19 AND URBAN DEVELOPMENT UNDER THE LEAD-BASED PAINT POISONING
20 PREVENTION ACT (PUBLIC LAW 91-695, 42 U.S.C. § 4822(C))] 1.0
21 MILLIGRAMS PER SQUARE CENTIMETER, OR MORE THAN 0.5% BY WEIGHT.
22 "LEAD-BASED PAINT ACTIVITIES."
23 (1) WITH RESPECT TO TARGET HOUSING, THE TERM INCLUDES
24 RISK ASSESSMENT, INSPECTION AND ABATEMENT.
25 (2) WITH RESPECT TO A PUBLIC BUILDING CONSTRUCTED BEFORE
26 1978 OR ANY COMMERCIAL BUILDING, BRIDGE OR OTHER STRUCTURE OR
27 SUPERSTRUCTURE, THE TERM INCLUDES IDENTIFICATION OF LEAD-
28 BASED PAINT AND MATERIALS CONTAINING LEAD-BASED PAINT,
29 DELEADING, REMOVAL OF LEAD FROM BRIDGES AND DEMOLITION.
30 "LEAD-BASED PAINT HAZARD." A CONDITION THAT CAUSES EXPOSURE
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1 TO LEAD FROM LEAD-CONTAMINATED DUST, LEAD-CONTAMINATED SOIL OR
2 LEAD-CONTAMINATED PAINT THAT IS DETERIORATED OR PRESENT IN
3 ACCESSIBLE SURFACES, FRICTION SURFACES OR IMPACT SURFACES, WHICH
4 EXPOSURE WOULD RESULT IN ADVERSE HUMAN HEALTH EFFECTS AS
5 ESTABLISHED BY THE DEPARTMENT OF LABOR AND INDUSTRY.
6 "OSHA." THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION.
7 "PERSON." ANY OF THE FOLLOWING:
8 (1) AN INDIVIDUAL.
9 (2) ANY CORPORATION, PARTNERSHIP OR ASSOCIATION.
10 (3) THE COMMONWEALTH. THIS PARAGRAPH INCLUDES AN AGENCY
11 AND INSTRUMENTALITY OF THE COMMONWEALTH.
12 (4) A POLITICAL SUBDIVISION. THIS PARAGRAPH INCLUDES AN
13 AGENCY AND INSTRUMENTALITY OF A POLITICAL SUBDIVISION.
14 "PLANNER-PROJECT DESIGNER." A PERSON TRAINED AND CERTIFIED
15 TO PLAN AND DESIGN LEAD-BASED PAINT ACTIVITIES.
16 "PUBLIC BUILDING." ANY BUILDING CONSTRUCTED PRIOR TO 1978
17 WHICH IS GENERALLY OPEN TO THE PUBLIC OR OCCUPIED OR VISITED BY
18 CHILDREN. THE TERM INCLUDES, BUT IS NOT LIMITED TO, SCHOOLS,
19 DAY-CARE CENTERS, MUSEUMS, AIRPORT TERMINALS, HOSPITALS, STORES,
20 RESTAURANTS, OFFICE BUILDINGS, CONVENTION CENTERS AND GOVERNMENT
21 BUILDINGS. THE TERM EXCLUDES TARGET HOUSING.
22 "RENOVATION AND REMODELING ACTIVITIES." ACTIVITIES WHOSE
23 PRIMARY INTENT IS NOT TO PERMANENTLY ELIMINATE OR REDUCE LEAD-
24 BASED PAINT HAZARDS, BUT IS INSTEAD TO REPAIR, RESTORE OR
25 REMODEL A GIVEN STRUCTURE OR DWELLING.
26 "RESIDENTIAL DWELLING."
27 (1) A SINGLE-FAMILY DWELLING INCLUDING ATTACHED
28 STRUCTURES SUCH AS PORCHES AND STOOPS; OR
29 (2) A SINGLE-FAMILY DWELLING UNIT IN A STRUCTURE THAT
30 CONTAINS MORE THAN ONE SEPARATE RESIDENTIAL DWELLING UNIT AND
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1 IN WHICH EACH SUCH UNIT IS USED OR OCCUPIED, OR INTENDED TO
2 BE USED OR OCCUPIED, IN WHOLE OR IN PART, AS THE HOME OR
3 RESIDENCE OF ONE OR MORE INDIVIDUALS.
4 "RISK ASSESSMENT." ONSITE INVESTIGATION TO DETERMINE AND
5 REPORT THE EXISTENCE, NATURE, SEVERITY AND LOCATION OF LEAD
6 HAZARDS IN RESIDENTIAL DWELLINGS, INCLUDING ALL OF THE
7 FOLLOWING:
8 (1) INFORMATION GATHERING REGARDING THE AGE AND HISTORY
9 OF THE HOUSING AND OCCUPANCY BY CHILDREN UNDER SIX YEARS OF
10 AGE.
11 (2) VISUAL INSPECTION.
12 (3) WIPE SAMPLING OR OTHER ENVIRONMENTAL TESTING AND
13 SAMPLING TECHNIQUES.
14 (4) OTHER ACTIVITY AS MAY BE APPROPRIATE.
15 (5) PROVISION OF A REPORT EXPLAINING THE RESULTS OF THE
16 INVESTIGATION.
17 "SECRETARY." THE SECRETARY OF LABOR AND INDUSTRY OF THE
18 COMMONWEALTH.
19 "SUPERSTRUCTURE." A LARGE STEEL OR OTHER INDUSTRIAL
20 STRUCTURE, SUCH AS, BUT NOT LIMITED TO, A BRIDGE OR WATER TOWER,
21 WHICH MIGHT CONTAIN LEAD-BASED MATERIALS.
22 "SUPERVISOR." A PERSON TRAINED AND CERTIFIED TO OVERSEE
23 LEAD-BASED PAINT ACTIVITIES ON TARGET HOUSING AND PUBLIC AND
24 COMMERCIAL BUILDING JOB SITES.
25 "TARGET HOUSING." ANY HOUSING CONSTRUCTED PRIOR TO 1978 OR
26 ANY ZERO-BEDROOM DWELLING. THE TERM EXCLUDES HOUSING FOR THE
27 ELDERLY OR PERSONS WITH DISABILITIES UNLESS ANY CHILD WHO IS
28 LESS THAN SIX YEARS OF AGE RESIDES OR IS EXPECTED TO RESIDE IN
29 SUCH HOUSING.
30 "TOXIC OR HAZARDOUS SUBSTANCE."
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1 (1) ANY OF THE FOLLOWING:
2 (I) A CHEMICAL LISTED IN 29 CFR PT. 1901 SUBPT. Z
3 (RELATING TO TOXIC AND HAZARDOUS SUBSTANCES).
4 (II) A CHEMICAL LISTED IN "THRESHOLD LIMIT VALUES
5 FOR CHEMICAL SUBSTANCES AND PHYSICAL AGENTS IN THE WORK
6 ENVIRONMENT," AMERICAN CONFERENCE OF GOVERNMENTAL
7 INDUSTRIAL HYGIENISTS (LATEST EDITION).
8 (III) A SUBSTANCE FOR WHICH AN OCCUPATIONAL SAFETY
9 AND HEALTH ADMINISTRATION FORM 20 OR EQUIVALENT
10 INFORMATION IS REQUIRED UNDER OCCUPATIONAL SAFETY AND
11 HEALTH ADMINISTRATION REGULATIONS.
12 (IV) A SUBSTANCE DETERMINED BY THE DEPARTMENT OF
13 LABOR AND INDUSTRY TO BE A HEALTH HAZARD TO A PERSON WHO
14 IS EXPOSED TO THE SUBSTANCE, INCLUDING, BUT NOT LIMITED
15 TO, A CARCINOGEN, REPRODUCTIVE TOXIN, IRRITANT,
16 CORROSIVE, SENSITIZER, HEPATOTOXIN, NEPHROTOXIN,
17 NEUROTOXIN, AN AGENT THAT ACTS ON THE HEMATOPOIETIC
18 SYSTEM, AN AGENT THAT DAMAGES THE LUNGS, A CUTANEOUS
19 HAZARD OR AN EYE HAZARD.
20 (2) THE TERM DOES NOT INCLUDE SUBSTANCES THAT BECAUSE OF
21 THEIR PHYSICAL STATE, VOLUME OR CONCENTRATION DO NOT POSE A
22 HEALTH HAZARD UPON EXPOSURE OR SUBSTANCES THAT ARE GOODS,
23 FOOD, DRUGS, COSMETICS OR TOBACCO PRODUCTS INTENDED FOR
24 PERSONAL CONSUMPTION OR SUBSTANCES IN TRANSIT OR LEAD.
25 "TRANSIT." CONVEYED IN A SEALED OR UNOPENED CONTAINER BY A
26 MODE OF TRANSPORTATION.
27 "XRF ANALYZER." A MACHINE THAT UTILIZES X-RAY FLUORESCENCE
28 (XRF) TO TEST FOR THE PRESENCE OF LEAD-BASED PAINT.
29 SECTION 3. THE ACT IS AMENDED BY ADDING A CHAPTER HEADING TO
30 READ:
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1 CHAPTER 3
2 LEAD-BASED PAINT ACTIVITIES
3 SECTION 4. SECTIONS 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 AND
4 15 OF THE ACT ARE AMENDED TO READ:
5 SECTION [4] 301. REGULATIONS.
6 (A) ADOPTION BY DEPARTMENT.--THE DEPARTMENT SHALL ADOPT
7 REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS [ACT] CHAPTER.
8 (B) CONTENT.--REGULATIONS ADOPTED UNDER THIS [ACT] CHAPTER
9 SHALL BE NO MORE STRINGENT THAN FEDERAL REQUIREMENTS AND BE
10 LIMITED TO THE FOLLOWING:
11 (1) REQUIREMENTS FOR ACCREDITATION OF TRAINING
12 PROVIDERS.
13 (2) REQUIREMENTS FOR THE TRAINING OF INDIVIDUALS TO
14 ENGAGE IN LEAD-BASED PAINT ACTIVITIES.
15 (3) REQUIREMENTS FOR CERTIFICATION OF PERSONS TO PERFORM
16 LEAD-BASED PAINT ACTIVITIES.
17 (4) REQUIREMENTS FOR CERTIFICATION OF CONTRACTORS TO
18 PERFORM LEAD-BASED PAINT ACTIVITIES.
19 (5) RECIPROCITY STANDARDS FOR OTHER STATES ENGAGED IN
20 ACCREDITATION AND CERTIFICATION.
21 (6) STANDARDS FOR PERFORMING LEAD-BASED PAINT
22 ACTIVITIES.
23 SECTION [5] 302. ACCREDITATION OF TRAINING PROGRAMS.
24 (A) GENERAL RULE.--THE DEPARTMENT SHALL GRANT ACCREDITATION
25 TO ALL LEAD OCCUPATION TRAINING PROGRAMS APPROVED BY THE EPA AND
26 TO ANY OTHER TRAINING PROGRAMS WHICH THE DEPARTMENT DETERMINES
27 TO HAVE MET THE APPROVAL STANDARDS OF THE EPA.
28 (B) DEPARTMENTAL AUDITS.--A PERSON PROVIDING LEAD OCCUPATION
29 TRAINING SHALL MAKE AVAILABLE TO THE DEPARTMENT, AT NO COST TO
30 THE DEPARTMENT AND AT SUCH TIMES AS THE DEPARTMENT MAY DEEM
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1 NECESSARY, ALL COURSE MATERIALS AND RECORDS AND ACCESS TO ACTUAL
2 TRAINING SESSIONS.
3 (C) REVOCATION OR SUSPENSION OF ACCREDITATION.--THE
4 DEPARTMENT MAY REVOKE OR SUSPEND ACCREDITATION IF A COURSE AUDIT
5 CONDUCTED BY THE DEPARTMENT OR ITS DESIGNATED REPRESENTATIVE
6 INDICATES A TRAINING PROGRAM IS NOT CONDUCTING TRAINING OR
7 OPERATING ITS TRAINING PROGRAM IN ACCORDANCE WITH THE
8 REQUIREMENTS OF THIS ACT AND REGULATIONS PROMULGATED UNDER THIS
9 [ACT] CHAPTER.
10 (D) FIVE-DAY NOTIFICATION REQUIREMENT.--ACCREDITED TRAINING
11 PROVIDERS SHALL SUBMIT TO THE DEPARTMENT A WRITTEN NOTIFICATION
12 OF THEIR INTENT TO CONDUCT A TRAINING COURSE AT LEAST FIVE DAYS
13 PRIOR TO THE START OF THE TRAINING COURSE, IN A MANNER
14 PRESCRIBED BY THE DEPARTMENT. IN THE CASE OF AN EMERGENCY, THE
15 DEPARTMENT HAS THE DISCRETION TO WAIVE THIS NOTIFICATION
16 REQUIREMENT.
17 SECTION [6] 303. CERTIFICATION STANDARDS AND PROCEDURES.
18 (A) OCCUPATION CERTIFICATION REQUIREMENTS.--IN ORDER TO
19 ENGAGE IN LEAD-BASED PAINT ACTIVITIES, AN INDIVIDUAL MUST BE
20 CERTIFIED BY THE DEPARTMENT. THE DEPARTMENT SHALL CERTIFY AN
21 INDIVIDUAL WHO COMPLETES A LEAD-BASED PAINT TRAINING PROGRAM
22 ACCREDITED BY THE DEPARTMENT UNDER SECTION [5] 302 AND PASSES AN
23 EXAMINATION APPROVED BY THE DEPARTMENT. THE DEPARTMENT SHALL
24 CERTIFY A PARTNERSHIP, ASSOCIATION, CORPORATION OR OTHER
25 BUSINESS ENTITY WHICH HAS SUBMITTED TO THE DEPARTMENT A LETTER
26 THAT IS SIGNED BY A PARTNER OR OFFICER, AS APPROPRIATE, AND THAT
27 STATES ALL OF THE FOLLOWING:
28 (1) EACH EMPLOYEE AND SUBCONTRACTOR PERFORMING LEAD-
29 BASED PAINT ACTIVITIES HAS INDIVIDUALLY RECEIVED THE REQUIRED
30 TRAINING AND RECEIVED CERTIFICATION FROM THE DEPARTMENT.
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1 (2) THE CERTIFIED PARTNERSHIP, ASSOCIATION, CORPORATION
2 OR OTHER BUSINESS ENTITY AND ITS EMPLOYEES AND SUBCONTRACTORS
3 WILL PERFORM LEAD-BASED PAINT ACTIVITIES IN ACCORDANCE WITH
4 APPLICABLE FEDERAL AND STATE STANDARDS, INCLUDING
5 RECORDKEEPING REQUIREMENTS.
6 (3) A CERTIFIED SUPERVISOR WILL BE ASSIGNED AND
7 AVAILABLE TO ALL OF THE ABATEMENT, DELEADING AND DEMOLITION
8 PROJECTS OF THE PARTNERSHIP, ASSOCIATION, CORPORATION OR
9 OTHER BUSINESS ENTITY.
10 (B) REFRESHER TRAINING REQUIREMENT.--IN ORDER TO QUALIFY FOR
11 ANNUAL CERTIFICATION RENEWAL, A PERSON SHALL SUCCESSFULLY
12 COMPLETE A REFRESHER TRAINING COURSE APPROVED BY THE DEPARTMENT
13 AND PROVIDED BY AN ACCREDITED TRAINING PROVIDER FOR EACH
14 CATEGORY OF CERTIFICATION. RENEWAL OF CERTIFICATION REQUIRES
15 COMPLIANCE WITH FEDERAL WORK PRACTICE STANDARDS CONTROLLING
16 LEAD-BASED PAINT ACTIVITIES.
17 (C) PHOTOIDENTIFICATION REQUIREMENT.--ALL PERSONS PERFORMING
18 LEAD-BASED PAINT ACTIVITIES MUST HAVE IN THEIR POSSESSION OR
19 HAVE AVAILABLE AT THE JOB SITE A VALID PHOTOIDENTIFICATION
20 CERTIFICATION CARD ISSUED BY THE DEPARTMENT.
21 SECTION [7] 304. RECIPROCITY.
22 THE DEPARTMENT SHALL DESIGNATE BY NOTICE IN THE PENNSYLVANIA
23 BULLETIN STATES WHICH IT DEEMS TO HAVE CERTIFICATION
24 REQUIREMENTS SUBSTANTIALLY SIMILAR TO THE COMMONWEALTH. THE
25 DEPARTMENT SHALL DEVELOP RECIPROCITY AGREEMENTS WITH OTHER
26 STATES OR JURISDICTIONS WHICH HAVE ESTABLISHED ACCREDITATION AND
27 CERTIFICATION REQUIREMENTS WHICH THE DEPARTMENT DETERMINES TO BE
28 SUBSTANTIALLY SIMILAR TO THOSE SET FORTH IN THIS [ACT] CHAPTER.
29 SECTION [8] 305. ACCOUNT.
30 (A) DEPOSIT OF MONEYS.--THE DEPARTMENT SHALL DEPOSIT INTO
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1 THE RESTRICTED REVENUE ACCOUNT ESTABLISHED IN THE STATE TREASURY
2 UNDER SECTION 7(C) OF THE ACT OF DECEMBER 19, 1990 (P.L.805,
3 NO.194), KNOWN AS THE ASBESTOS OCCUPATIONS ACCREDITATION AND
4 CERTIFICATION ACT, ANY FEES, FINES OR PENALTIES COLLECTED
5 PURSUANT TO THIS ACT. MONEYS DEPOSITED IN SUCH ACCOUNT ARE
6 NONLAPSING AND HEREBY APPROPRIATED ON A CONTINUING BASIS AND
7 UPON APPROVAL OF THE GOVERNOR TO THE DEPARTMENT TO CARRY OUT THE
8 PURPOSES OF THIS ACT AND THE ASBESTOS OCCUPATIONS ACCREDITATION
9 AND CERTIFICATION ACT. NOTWITHSTANDING THE PROVISIONS OF SECTION
10 7(C) OF THE ASBESTOS OCCUPATIONS ACCREDITATION AND CERTIFICATION
11 ACT REGARDING THE DEPOSIT AND USE OF FEES, MONEYS IN THIS
12 ACCOUNT SHALL BE USED FOR EXPENSES RELATED TO THE DEVELOPMENT,
13 IMPLEMENTATION AND OPERATION OF PROGRAMS UNDER THIS [ACT]
14 CHAPTER AND THE ASBESTOS OCCUPATIONS ACCREDITATION AND
15 CERTIFICATION ACT AND OF PROGRAMS, AS APPROVED BY THE SECRETARY,
16 DEVELOPED IN RELATION TO THESE ACTS AND CARRIED OUT BY OTHER
17 ADMINISTRATIVE AGENCIES.
18 (B) INVESTMENT OF MONEYS.--NOTWITHSTANDING THE PROVISIONS OF
19 SECTION 7(C) OF THE ASBESTOS OCCUPATIONS ACCREDITATION AND
20 CERTIFICATION ACT, THE MONEYS IN THE ACCOUNT SHALL BE INVESTED
21 IN AN INTEREST-BEARING ACCOUNT AND THE INTEREST EARNED SHALL BE
22 CREDITED TO AND BECOME A PART OF THE ACCOUNT.
23 SECTION [9] 306. FEES.
24 (A) SCHEDULES.--THE DEPARTMENT SHALL ESTABLISH SCHEDULES OF
25 FEES FOR:
26 (1) CERTIFICATION OF PERSONS IN THE FOLLOWING
27 DISCIPLINES:
28 (I) INSPECTOR TECHNICIANS, INSPECTOR/RISK ASSESSORS,
29 SUPERVISORS, PLANNER/PROJECT DESIGNERS AND WORKERS; AND
30 (II) ADDITIONAL LEAD OCCUPATIONS IDENTIFIED BY THE
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1 DEPARTMENT IN REGULATIONS.
2 (2) ACCREDITATION OF TRAINING COURSES.
3 (3) CERTIFICATION OF CONTRACTORS TO PERFORM LEAD-BASED
4 PAINT ACTIVITIES.
5 (4) ANY OTHER REASONABLE FEE THE DEPARTMENT DEEMS
6 APPROPRIATE TO CARRY OUT THE PROVISIONS OF THIS [ACT]
7 CHAPTER.
8 (B) PAYMENT OF FEES.--BOTH INITIAL AND RENEWAL FEES SHALL BE
9 PAID ANNUALLY BY THE PERSON CERTIFIED. THE FEES SHALL BE PAID
10 UPON APPLICATION TO THE DEPARTMENT.
11 (C) WAIVER OF FEES.--ACCREDITATION FEES SHALL NOT BE IMPOSED
12 ON ANY STATE, LOCAL GOVERNMENT OR NONPROFIT TRAINING PROVIDER;
13 NOR SHALL CERTIFICATION FEES BE IMPOSED ON ANY STATE, LOCAL
14 GOVERNMENT OR NONPROFIT SERVICE PROVIDER, AS LONG AS EMPLOYEES
15 OF THE STATE, LOCAL GOVERNMENT OR NONPROFIT SERVICE PROVIDER
16 ACTUALLY PERFORM THE LEAD-BASED PAINT ACTIVITIES.
17 SECTION [10] 307. ENFORCEMENT AND PENALTIES.
18 (A) GENERAL RULE.--A PERSON SHALL NOT CAUSE, SUFFER, PERMIT
19 OR ALLOW A LEAD-BASED PAINT ACTIVITY TO BE PERFORMED IN
20 VIOLATION OF ANY PROVISION OF THIS [ACT] CHAPTER OR REGULATIONS
21 PROMULGATED UNDER THIS [ACT] CHAPTER; NOR SHALL ANY PERSON
22 CAUSE, SUFFER, PERMIT OR ALLOW THE PERFORMANCE OF ANY ACT OR
23 OPERATION IN VIOLATION OF ANY ORDER ISSUED BY THE DEPARTMENT
24 PURSUANT TO THIS ACT OR REGULATIONS PROMULGATED UNDER THIS [ACT]
25 CHAPTER.
26 (B) [VIOLATIONS.--THE] ENFORCEMENT.--
27 (1) THE DEPARTMENT SHALL HAVE THE POWER TO ISSUE AN
28 ORDER REQUIRING COMPLIANCE WITH THIS [ACT] CHAPTER OR
29 REGULATIONS PROMULGATED UNDER THIS [ACT] CHAPTER. AN ORDER
30 SHALL BE SERVED PERSONALLY OR BY CERTIFIED MAIL AT THE LAST
20020H2737B4370 - 18 -
1 KNOWN ADDRESS OF THE PERSON VIOLATING A PROVISION OF THIS
2 [ACT] CHAPTER OR A REGULATION PROMULGATED UNDER THIS [ACT]
3 CHAPTER. IN THE CASE OF A VIOLATION OF A LEAD-BASED PAINT
4 WORK PRACTICE STANDARD, A COPY OF THE ORDER SHALL ALSO BE
5 SERVED PERSONALLY OR BY CERTIFIED MAIL AT THE LAST KNOWN
6 ADDRESS UPON THE PROPERTY OWNER AND A COPY SHALL BE POSTED ON
7 THE PREMISES.
8 (2) THE DEPARTMENT, A DISTRICT ATTORNEY OR OTHER PROPER
9 ENFORCEMENT OFFICER OF ANY MUNICIPALITY IN WHICH A LEAD-BASED
10 PAINT ABATEMENT PROJECT IS OCCURRING SHALL HAVE THE POWER TO
11 PROSECUTE A PERSON IN VIOLATION OF SUBSECTION (A) IN A COURT
12 OF COMPETENT JURISDICTION.
13 (C) HAZARDOUS CONDITIONS.--IF THE DEPARTMENT DETERMINES THAT
14 A HAZARDOUS CONDITION EXISTS DUE TO THE FAILURE TO COMPLY WITH A
15 PROVISION OF THIS [ACT] CHAPTER OR A REGULATION PROMULGATED
16 UNDER THIS [ACT] CHAPTER, THE DEPARTMENT, IN ADDITION TO
17 INVOKING OTHER SANCTIONS AVAILABLE TO IT, MAY INVOKE ANY OF THE
18 FOLLOWING REMEDIES:
19 (1) ISSUE AN ORDER TO THOSE ENGAGED:
20 (I) TO CEASE IMMEDIATELY ALL LEAD-BASED PAINT
21 ACTIVITIES UNTIL THE CONDITION IS CORRECTED; AND
22 (II) TO REMOVE ANY WORKERS EXCEPT THOSE NEEDED TO
23 ABATE THE HAZARD FROM THE PROJECT WORK AREA UNTIL THE
24 CONDITION IS CORRECTED IN ORDER TO PREVENT FURTHER
25 PROJECT ACTIVITY.
26 (2) EVACUATE APPROPRIATE PORTIONS OF THE SITE UNTIL THE
27 CONDITION IS CORRECTED.
28 (3) CERTIFY THE EXISTENCE OF A LEAD-BASED PAINT HAZARD
29 THAT EXISTS DUE TO THE FAILURE OF A CONTRACTOR OR HIS
30 EMPLOYEE TO COMPLY WITH THE PROVISIONS OF THIS [ACT] CHAPTER,
20020H2737B4370 - 19 -
1 CHARGE THE ADDED COST OF ANY CORRECTIVE CLEANUP OR REMOVAL TO
2 THE CONTRACTOR RESPONSIBLE FOR THE HAZARDOUS CONDITION WHICH
3 EXISTS DUE TO THE NONCOMPLIANCE AND COLLECT THE COST BY LIEN
4 OR ANY OTHER MEANS AS MAY BE AUTHORIZED BY LAW.
5 (4) APPLY TO AN APPROPRIATE COURT FOR RELIEF BY
6 INJUNCTION OR RESTRAINING ORDER AGAINST ANY PERSON
7 RESPONSIBLE FOR THE HAZARDOUS CONDITION.
8 (D) [PENALTIES.] ADMINISTRATIVE PENALTIES.--IN ADDITION TO
9 THE SANCTIONS OR REMEDIAL ORDERS PROVIDED IN THIS SECTION, A
10 PERSON WHO FAILS TO COMPLY WITH A REQUIREMENT OF THIS [ACT]
11 CHAPTER OR A REGULATION PROMULGATED UNDER THIS [ACT] CHAPTER OR
12 WHO FAILS TO OBEY AN ORDER ISSUED BY THE DEPARTMENT MAY BE
13 SUBJECT TO ANY OF THE FOLLOWING PENALTIES:
14 (1) DENIAL, SUSPENSION OR REVOCATION OF ACCREDITATION OR
15 CERTIFICATION FOR A PERSON, TRAINING PROVIDER OR CONTRACTOR
16 WHO DOES ANY OF THE FOLLOWING:
17 (I) FRAUDULENTLY OR DECEPTIVELY OBTAINS OR ATTEMPTS
18 TO OBTAIN ACCREDITATION OR CERTIFICATION.
19 (II) FAILS TO MEET THE REQUIREMENTS OF THIS ACT OR
20 REGULATIONS ADOPTED UNDER THIS [ACT] CHAPTER.
21 (III) FAILS TO MEET APPLICABLE FEDERAL OR STATE
22 STANDARDS RELATING TO LEAD-BASED PAINT ACTIVITIES.
23 (IV) FAILS TO PAY A REQUIRED FEE.
24 (2) IMPOSITION OF AN ADMINISTRATIVE PENALTY OF NOT MORE
25 THAN [$1,000] $5,000 FOR THE FIRST OFFENSE, NOT MORE THAN
26 [$5,000] $10,000 FOR THE SECOND OFFENSE AND NOT MORE THAN
27 [$10,000] $25,000 FOR THE THIRD AND EACH SUBSEQUENT OFFENSE.
28 (3) ISSUANCE OF AN ORDER TO CEASE ANY LEAD-BASED PAINT
29 ACTIVITY IMMEDIATELY.
30 (4) INITIATION OF LEGAL ACTION OR PROCEEDING IN A COURT
20020H2737B4370 - 20 -
1 OF COMPETENT JURISDICTION.
2 (E) CONTINUED VIOLATIONS.--EACH DAY A VIOLATION CONTINUES TO
3 EXIST SHALL CONSTITUTE AN ADDITIONAL, SEPARATE AND DISTINCT
4 VIOLATION FOR WHICH A SEPARATE ADMINISTRATIVE PENALTY SHALL BE
5 IMPOSED.
6 (F) CRIMINAL PENALTIES.--IN ADDITION TO THE OTHER SANCTIONS
7 PROVIDED FOR IN THIS SECTION:
8 (1) A PERSON, EXCEPT AN AGENCY OR INSTRUMENTALITY OF THE
9 COMMONWEALTH, THAT VIOLATES SUBSECTION (A) COMMITS A SUMMARY
10 OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY A
11 FINE OF NOT MORE THAN $5,000 FOR EACH DAY OF VIOLATION OR TO
12 IMPRISONMENT FOR NOT MORE THAN 30 DAYS, OR BOTH, FOR A FIRST
13 OFFENSE.
14 (2) FOR EACH SUBSEQUENT VIOLATION, A PERSON THAT
15 VIOLATES SUBSECTION (A) COMMITS A MISDEMEANOR OF THE THIRD
16 DEGREE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE
17 OF NOT MORE THAN $25,000 OR TO IMPRISONMENT FOR NOT MORE THAN
18 90 DAYS, OR BOTH.
19 SECTION [11] 308. NOTIFICATION REQUIREMENTS.
20 (A) GENERAL RULE.--EACH CERTIFIED CONTRACTOR MUST NOTIFY THE
21 DEPARTMENT OF ITS INTENTION TO PERFORM ANY LEAD-BASED PAINT
22 ABATEMENT. THE NOTIFICATION SHALL BE IN WRITING AND SHALL BE ON
23 A FORM PRESCRIBED BY THE DEPARTMENT.
24 (B) TIME OF NOTICE.--THE NOTIFICATION UNDER SUBSECTION (A)
25 MUST BE SUBMITTED TO THE DEPARTMENT AT LEAST FIVE DAYS PRIOR TO
26 THE START OF THE ABATEMENT ACTIVITY. THE DEPARTMENT IN ITS
27 DISCRETION MAY WAIVE THE FIVE-DAY NOTIFICATION REQUIREMENT IF IT
28 DETERMINES AN EMERGENCY EXISTS.
29 (C) CONTENTS OF NOTICE.--THE NOTICE SHALL INCLUDE AT LEAST
30 THE FOLLOWING INFORMATION:
20020H2737B4370 - 21 -
1 (1) THE NAME, ADDRESS AND CERTIFICATION NUMBER OF THE
2 CONTRACTOR.
3 (2) THE NAME AND ADDRESS OF THE LEAD-BASED PAINT
4 ABATEMENT PROJECT AND THE POLITICAL SUBDIVISION WHERE IT IS
5 LOCATED.
6 (3) THE NAME AND ADDRESS OF THE BUILDING OWNER.
7 (4) THE ESTIMATED START AND COMPLETION DATE OF THE
8 PROJECT.
9 (5) THE NAME AND ADDRESS OF THE LANDFILL WHERE THE LEAD
10 WILL BE SENT FOR DISPOSAL.
11 SECTION [12] 309. ADMINISTRATIVE AGENCY LAW.
12 PENALTIES AND OTHER ORDERS OF THE DEPARTMENT UNDER THIS [ACT]
13 CHAPTER ARE SUBJECT TO 2 PA.C.S. CH. 5 SUBCH. A (RELATING TO
14 PRACTICE AND PROCEDURE OF COMMONWEALTH AGENCIES) AND CH. 7
15 SUBCH. A (RELATING TO JUDICIAL REVIEW OF COMMONWEALTH AGENCY
16 ACTION).
17 SECTION [13] 310. WORK PRACTICE STANDARDS.
18 THE DEPARTMENT SHALL PROMULGATE REGULATIONS THAT ADOPT
19 FEDERAL REGULATIONS FOR PERFORMING LEAD-BASED PAINT ACTIVITIES.
20 SECTION [14] 311. DATA COLLECTION PROGRAM.
21 (A) AUTHORIZATION.--THE DEPARTMENT, IN COOPERATION WITH THE
22 DEPARTMENT OF HEALTH AND OTHER ADMINISTRATIVE AGENCIES, MAY
23 ESTABLISH A PROGRAM FOR THE COLLECTION AND ANALYSIS OF DATA ON
24 LEAD-BASED PAINT DETECTION AND REDUCTION ACTIVITIES IN THIS
25 COMMONWEALTH AND ON THE CERTIFICATION, ACCREDITATION AND
26 ENFORCEMENT ACTIVITIES IN THE DEPARTMENT.
27 (B) CONFIDENTIALITY.--DATA COLLECTED UNDER SUBSECTION (A)
28 SHALL BE USED ONLY FOR IMPLEMENTATION OF THIS ACT AND MAY NOT BE
29 USED FOR ANY OTHER PURPOSE.
30 SECTION [15] 312. PREEMPTION.
20020H2737B4370 - 22 -
1 NO POLITICAL SUBDIVISION MAY DEVELOP ACCREDITATION OR
2 CERTIFICATION PROGRAMS OR PROCEDURES THAT DEVIATE FROM THOSE
3 PERFORMED OR APPROVED BY THE COMMONWEALTH.
4 SECTION 5. THE ACT IS AMENDED BY ADDING A CHAPTER TO READ:
5 CHAPTER 9
6 HAZARDOUS PAINTING CERTIFICATION
7 SECTION 901. HAZARDOUS PAINTING CERTIFICATE REQUIRED.
8 (A) CERTIFICATE REQUIRED.--A PERSON MAY NOT EMPLOY OR
9 CONTRACT WITH AN INDIVIDUAL TO PERFORM HAZARDOUS PAINTING FOR
10 COMPENSATION UNLESS THE INDIVIDUAL HOLDS A CURRENT VALID
11 HAZARDOUS PAINTING CERTIFICATE ISSUED BY THE DEPARTMENT. AS A
12 CONDITION OF EMPLOYMENT, AN EMPLOYER MAY REQUIRE AN INDIVIDUAL
13 TO PROVIDE A COPY OF THE CERTIFICATE. IT IS A DEFENSE TO A
14 VIOLATION BY AN EMPLOYER OF THIS SUBSECTION IF THE EMPLOYER
15 PRODUCES A COPY OF THE INDIVIDUAL'S CERTIFICATE AND THE EMPLOYER
16 REASONABLY BELIEVED THE CERTIFICATE WAS NOT FALSIFIED.
17 (B) FALSIFIED CERTIFICATE.--AN INDIVIDUAL MAY NOT PROVIDE A
18 FALSIFIED HAZARDOUS PAINTING CERTIFICATE TO AN EMPLOYER OR MAKE
19 A FALSE STATEMENT TO AN EMPLOYER REGARDING THE INDIVIDUAL'S
20 CERTIFICATION.
21 SECTION 902. ISSUANCE OF CERTIFICATE.
22 (A) APPLICATION.--AN APPLICATION FOR ISSUANCE OF A HAZARDOUS
23 PAINTING CERTIFICATE SHALL BE ON A FORM PRESCRIBED BY THE
24 DEPARTMENT. AN APPLICATION FOR INITIAL ISSUANCE OF A CERTIFICATE
25 MUST INCLUDE PROOF THAT THE APPLICANT COMPLETED AN APPROVED
26 BASIC HAZARDOUS PAINTING CERTIFICATE PROGRAM NOT MORE THAN 30
27 DAYS BEFORE THE APPLICATION WAS RECEIVED BY THE DEPARTMENT. AN
28 APPLICATION FOR CERTIFICATE RENEWAL MUST INCLUDE PROOF THAT THE
29 APPLICANT COMPLETED AN APPROVED SUPPLEMENTAL HAZARDOUS PAINTING
30 CERTIFICATE PROGRAM NOT MORE THAN 30 DAYS BEFORE THE DATE THE
20020H2737B4370 - 23 -
1 APPLICATION WAS RECEIVED BY THE DEPARTMENT.
2 (B) ISSUANCE.--THE DEPARTMENT SHALL ISSUE A HAZARDOUS
3 PAINTING CERTIFICATE TO AN APPLICANT WHO HAS COMPLETED AN
4 APPLICATION AND SUBMITTED A CERTIFICATE FEE. A CERTIFICATE SHALL
5 BE VALID FOR THREE YEARS.
6 SECTION 903. FEE.
7 THE DEPARTMENT SHALL ESTABLISH THE TRIENNIAL FEE FOR A
8 HAZARDOUS PAINTING CERTIFICATE BY REGULATION. THE FEE MUST
9 REFLECT THE DEPARTMENT'S APPROXIMATE COSTS OR PROJECTED COSTS
10 FOR THE HAZARDOUS PAINTING CERTIFICATION PROGRAM.
11 SECTION 904. CERTIFICATE PROGRAMS.
12 (A) DUTIES.--THE DEPARTMENT SHALL:
13 (1) ESTABLISH REQUIREMENTS FOR BASIC SUPPLEMENTAL
14 HAZARDOUS PAINTING CERTIFICATE PROGRAMS.
15 (2) REVIEW AND APPROVE OR DISAPPROVE PROGRAMS PROPOSED
16 BY CONTRACTORS, LABOR ORGANIZATIONS, PUBLIC AND PRIVATE
17 SCHOOLS, VOCATIONAL EDUCATION INSTITUTIONS OR OTHER PERSONS.
18 (3) ASSIST PERSONS WHO PROPOSE PROGRAMS TO MEET
19 REQUIREMENTS FOR APPROVAL.
20 (B) INSTRUCTION AND TESTING.--A BASIC HAZARDOUS PAINTING
21 CERTIFICATE PROGRAM SHALL INCLUDE INSTRUCTION AND WRITTEN AND
22 PRACTICAL TESTING IN METHODS OF VENTILATION, RESPIRATOR
23 SELECTION, CHEMICAL REACTION TO BODY TISSUE, PROPER USE OF
24 PAINTING TOOLS, KNOWLEDGE OF RELEVANT HEALTH AND SAFETY LAWS AND
25 REGULATIONS. A BASIC HAZARDOUS PAINTING CERTIFICATE PROGRAM MAY
26 NOT EXCEED 16 HOURS OF INSTRUCTION AND TESTING. A SUPPLEMENTAL
27 HAZARDOUS PAINTING CERTIFICATE PROGRAM SHALL INCLUDE INSTRUCTION
28 AND WRITTEN AND PRACTICAL TESTING NECESSARY TO ENSURE THAT A
29 PERSON WHO COMPLETES THE PROGRAM IS KNOWLEDGEABLE ABOUT NEW
30 DEVELOPMENTS AND CHANGES RELATED TO HAZARDOUS PAINTING THAT HAVE
20020H2737B4370 - 24 -
1 OCCURRED SINCE THE PERSON COMPLETED A BASIC HAZARDOUS PAINTING
2 CERTIFICATE PROGRAM.
3 (C) SAFETY INSTRUCTION.--A HAZARDOUS PAINTING CERTIFICATE
4 PROGRAM CONDUCTED BY AN EMPLOYER OF A PERSON ENROLLED IN THE
5 PROGRAM MAY INCLUDE SAFETY INSTRUCTION.
6 SECTION 905. INSPECTIONS AND CITATIONS.
7 THE DEPARTMENT SHALL:
8 (1) INSPECT JOB SITES TO ASSURE THAT INDIVIDUALS
9 PERFORMING HAZARDOUS PAINTING ARE CERTIFIED AS REQUIRED UNDER
10 THIS ACT AND ARE PERFORMING THE WORK SAFELY.
11 (2) ISSUE CITATIONS TO PERSONS WHO EMPLOY OR CONTRACT
12 WITH AN INDIVIDUAL IN VIOLATION OF THIS CHAPTER.
13 (3) ISSUE CITATIONS TO INDIVIDUALS WHO VIOLATE THIS
14 CHAPTER.
15 SECTION 906. REGULATIONS.
16 THE DEPARTMENT SHALL ADOPT REGULATIONS TO CARRY OUT THE
17 PROVISIONS OF THIS CHAPTER.
18 SECTION 907. PENALTY.
19 THE DEPARTMENT MAY IMPOSE A CIVIL FINE OF NOT MORE THAN $200
20 FOR A FIRST VIOLATION AND NOT MORE THAN $1,000 FOR A SUBSEQUENT
21 VIOLATION OF THIS CHAPTER OR A REGULATION ADOPTED PURSUANT TO
22 THIS CHAPTER.
23 SECTION 6. THE ACT IS AMENDED BY ADDING A CHAPTER HEADING TO
24 READ:
25 CHAPTER 11
26 MISCELLANEOUS
27 SECTION 7. SECTIONS 16 AND 17 OF THE ACT ARE AMENDED TO
28 READ:
29 SECTION [16] 1101. SEVERABILITY.
30 THE PROVISIONS OF THIS ACT ARE SEVERABLE. IF ANY PROVISION OF
20020H2737B4370 - 25 -
1 THIS ACT OR ITS APPLICATION TO ANY PERSON OR CIRCUMSTANCE IS
2 HELD INVALID, THE INVALIDITY SHALL NOT AFFECT OTHER PROVISIONS
3 OR APPLICATIONS OF THIS ACT WHICH CAN BE GIVEN EFFECT WITHOUT
4 THE INVALID PROVISION OR APPLICATION.
5 SECTION [17] 1102. EFFECTIVE DATE.
6 THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
7 (1) SECTION [10] 307 SHALL TAKE EFFECT IN 270 DAYS.
8 (2) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
9 (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 180
10 DAYS.
11 SECTION 8. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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