Bill Text: MI HB4532 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Construction: lead abatement; certain definitions in lead abatement provision; modify. Amends secs. 5453, 5454, 5455, 5456, 5457, 5458, 5459, 5460, 5460a, 5461, 5461a, 5462, 5463, 5464, 5465, 5466, 5468, 5469, 5470, 5471, 5472, 5473a, 5474, 5474b, 5474c, 5475, 5476 & 5477 of 1978 PA 368 (MCL 333.5453 et seq.) & repeals sec. 5474b of 1978 PA 368 (MCL 333.5474b [1]). TIE BAR WITH: HB 5368'23
Spectrum: Partisan Bill (Democrat 20-0)
Status: (Introduced) 2024-05-02 - Placed On Third Reading [HB4532 Detail]
Download: Michigan-2023-HB4532-Introduced.html
HOUSE BILL NO. 4532
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 5453, 5454, 5455, 5456, 5457, 5458, 5459, 5460, 5460a, 5461, 5461a, 5462, 5463, 5464, 5465, 5466, 5468, 5469, 5470, 5471, 5472, 5473a, 5474, 5474b, 5474c, 5475, 5476, and 5477 (MCL 333.5453, 333.5454, 333.5455, 333.5456, 333.5457, 333.5458, 333.5459, 333.5460, 333.5460a, 333.5461, 333.5461a, 333.5462, 333.5463, 333.5464, 333.5465, 333.5466, 333.5468, 333.5469, 333.5470, 333.5471, 333.5472, 333.5473a, 333.5474, 333.5474b, 333.5474c[1], 333.5475, 333.5476, and 333.5477), section 5453 as amended by 2008 PA 45, sections 5454, 5455, 5456, 5457, 5458, 5459, 5460, 5462, 5463, 5468, 5471, 5472, 5473a, 5475, 5476, and 5477 as amended by 2002 PA 644, sections 5460a, 5461, 5469, 5470, and 5474 as added by 1998 PA 219, sections 5461a, 5464, 5465, and 5466 as added by 1998 PA 220, section 5474b as added by 2004 PA 432, and section 5474c as added by 2004 PA 433; and to repeal acts and parts of acts.
the people of the state of michigan enact:
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Sec. 5453. (1) "Abatement", except as otherwise provided in subsection (2), means a measure or set of measures designed to permanently eliminate lead-based paint or lead-based paint hazards. Abatement includes all of the following:
(a) The removal of lead-based paint and dust lead hazards, the permanent enclosure or encapsulation of lead-based paint, the replacement of lead-painted surfaces or fixtures, the removal or covering of soil lead hazards, and all preparation, cleanup, disposal, and postabatement clearance testing activities associated with such measures.
(b) A project for which there is a written contract or other documentation that provides that a person will be conducting activities in or to a residential dwelling or child occupied facility that will result in the permanent elimination of lead-based paint hazards or that are designed to permanently eliminate lead-based paint hazards.
(c) A project resulting in the permanent elimination of lead-based paint hazards, conducted by a person certified under this part, except a project that is exempt from this part.
(d) A project resulting in the permanent elimination of lead-
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based paint hazards, conducted by a person who, that, through their company name or promotional literature, represents, advertises, or holds themselves out to be in the business of performing lead-based paint activities and renovations except a project that is exempt from this part.
(e) A project resulting in the permanent elimination of lead-based paint hazards that is conducted in response to a state or local government abatement order.
(f) An interim control activity or other measure or activity designed to temporarily reduce a lead-based paint hazard.
(2) Abatement does not include any of the following:
(a) Renovation, remodeling, landscaping, or other activity, if the activity is not designed to permanently eliminate lead-based paint hazards, but is instead designed to repair, restore, or remodel a structure, target housing, or dwelling even though the activity may incidentally result in a reduction or elimination of a lead-based paint hazard.
(b) An interim control, operation, and maintenance activity, or other measure or activity designed to temporarily, but not permanently, reduce a lead-based paint hazard.
(b) (c) Any lead-based paint activity performed by the owner of an owner-occupied residential dwelling or an owner-occupied multifamily dwelling containing 4 or fewer units if the activity is performed only in that owner-occupied unit of the multifamily dwelling.
(c) (d) The scraping or removal of paint, painting over paint, or other similar activity that may incidentally result in a reduction or elimination of a lead-based paint hazard, if the activity meets all of the following:
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(i) The activity is performed only on residential or multifamily dwellings containing 4 or fewer units.
(ii) The activity is coordinated by a nonprofit charitable or volunteer organization that meets all of the following:
(A) Is in compliance with the procedures established under subpart J of part 35 of title 24 of the code of federal regulations, 24 CFR 35.900 to 35.940.
(B) Has written guidelines in place to ensure safe work practices to protect residents and volunteers from hazards, including, but not limited to, lead exposure and asbestos exposure.
(C) In writing, discloses to the owner of the residential or multifamily dwelling all of the following:
(I) The presence of any known lead-based paint and lead-based paint hazards.
(II) Information regarding the lead safe information housing registry maintained by the department under section 5474b.
(III) Information regarding the owner's obligations under the federal lead-based paint or lead-based paint hazard disclosure rule under subpart F of part 745 of title 40 of the code of federal regulations, 40 CFR 745.100 to 745.119.
(D) Notifies the department that the residential or multifamily dwelling may be required to be on the lead safe information housing registry maintained by the department.`
(iii) The activity is performed only by unpaid volunteers and the organization receives no remuneration directly from the owner or occupant of the residential dwelling or multifamily dwelling.
(iv) The activity does not involve the use of a lead-based paint encapsulating product that requires certification from the department.
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(v) The activity does not involve the use of high-pressure water or compressed air cleaning equipment on, the dry sanding of, or the scraping of, asbestos siding prior to before painting.
(3) "Accredited training program" means a training program that has been accredited by the department under this part to provide training for individuals engaged in lead-based paint activities and renovations.
(4) "Adequate quality control" means a plan or design that ensures the authenticity, integrity, and accuracy of a sample, including, but not limited to, a dust sample, a soil or paint chip sample, or a paint film sample. Adequate quality control also includes a provision in a plan or design described in this subsection for representative sampling.
Sec. 5454. (1) "Certified abatement worker" means an individual who has been trained to perform abatements by an accredited training program and who is certified by the department under this part to perform abatement.
(2) "Certified clearance technician" means an individual who has completed an approved training course and been certified by the department under this part to conduct clearance testing following interim controls.
(3) "Certified firm" means a person that performs a lead-based paint activity for which the department has issued a certificate of approval under this part.
(4) "Certified inspector" means an individual who has been trained by an accredited training program and certified by the department under this part to conduct inspections and take samples for the presence of lead in paint, dust, and soil for the purposes of abatement clearance testing.
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(5) "Certified project designer" means an individual who has been trained by an accredited training program and certified by the department under this part to prepare abatement project designs, occupant protection plans, and abatement reports.
(6) "Certified renovator" means a renovator who has successfully completed a renovator course accredited by the EPA or an EPA authorized state or tribal program.
(7) (6) "Certified risk assessor" means an individual who has been trained by an accredited training program and certified by the department under this part to conduct inspections and risk assessments and to take samples for the presence of lead in paint, dust, and soil for the purposes of identifying a lead-based paint hazard or abatement clearance testing.
(8) (7) "Certified supervisor" means an individual who has been trained by an accredited training program and certified by the department under this part to supervise and conduct abatements and to prepare occupant protection plans and abatement reports.
(9) (8) "Child occupied facility" means a building or portion of a building constructed before 1978 that is visited regularly by a the same child who is not more than 6 years of age, or less, on at least 2 different days within a given any calendar week, if each day's visit is lasts at least 3 hours, and the combined weekly visit is visits last at least 6 hours, in length, and the combined annual visits are last at least 60 hours. in length. Child occupied facility includes, but is not limited to, a day-care center, a preschool, and a kindergarten classroom. A child occupied facility may be located in target housing or a public or commercial building. If a child occupied facility is located in a public or commercial building, all of the following apply:
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(a) If the building contains common areas, both of the following apply:
(i) The child occupied facility encompasses only those common areas that are routinely used by children not more than 6 years of age, such as restrooms and cafeterias.
(ii) The child occupied facility does not encompass common areas that children not more than 6 years of age only pass through, such as hallways, stairways, and garages.
(b) The child occupied facility encompasses only the exterior sides of the building that are immediately adjacent to the child occupied facility or a common area encompassed by the child occupied facility under subparagraph (a)(i).
Sec. 5455. (1) "Cleaning verification card" means a card developed and distributed, or otherwise approved, by the EPA to determine if postrenovation cleaning was properly completed through the comparison of wet and dry disposable cleaning cloths with the card.
(2) "Clearance levels" means the values that indicate the maximum amount of lead permitted in dust on a surface following completion of an abatement as listed in rules promulgated by the department.when a clearance is performed.
(3) (2) "Clearance professional" means 1 or more of the following individuals when performing clearance testing:
(a) A certified inspector.
(b) A certified risk assessor.
(c) A certified clearance technician.
(4) (3) "Common area" means a portion of a building that is generally accessible to all occupants of the building. Common area includes, but is not limited to, a hallway, a stairway, a laundry
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and recreational room, a playground, a community center, a garage, and a boundary fence.
(5) (4) "Component" or "building component" means a specific design or structural element elements or fixture fixtures of a building , or residential dwelling , or child occupied facility that is are distinguished from each other by its form, function, and location. Component or building component , includes, but is not limited to, a specific interior or exterior all of the following:
(a) Interior design or structural elements or fixtures, including, but not limited to, all of the following:
(i) Ceilings.
(ii) Crown molding.
(iii) Wall chair rails.
(iv) Doors.
(v) Door trim.
(vi) Floors.
(vii) Fireplaces, radiators, or other heating units.
(viii) Shelves.
(ix) Shelf supports.
(x) Stair treads.
(xi) Stair risers.
(xii) Stair stringers.
(xiii) Newel posts.
(xiv) Railing caps.
(xv) Balustrades.
(xvi) Windows.
(xvii) Window trim, including, but not limited to, sashes,
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heads, jambs, sills or stools, and troughs.
(xviii) Built-in cabinets.
(xix) Columns.
(xx) Beams.
(xxi) Bathroom vanities.
(xxii) Counter tops.
(xxiii) Air conditioners.
(b) Exterior design or structural element elements or fixture.fixtures, including, but not limited to, all of the following:
(i) Painted roofing.
(ii) Chimneys.
(iii) Flashing.
(iv) Gutters and downspouts.
(v) Ceilings.
(vi) Soffits.
(vii) Fascias.
(viii) Rake boards.
(ix) Cornerboards.
(x) Bulkheads.
(xi) Door and door trim.
(xii) Fences.
(xiii) Floors.
(xiv) Joists.
(xv) Lattice work.
(xvi) Railings and railing caps.
(xvii) Siding.
(xviii) Handrails.
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(xix) Stair risers and treads.
(xx) Stair stringers.
(xxi) Columns.
(xxii) Balustrades.
(xxiii) Window sills or stools and troughs, casings, sashes, and wells.
(xxiv) Air conditioners.
(6) (5) "Containment" means a process to protect workers and the environment by controlling exposure to a dust lead hazard and debris created during an abatement or renovation project.
(7) (6) "Course agenda" means an outline of the key topics to be covered during an accredited training program, including the time allotted to teach each topic.
(8) (7) "Course test" means an evaluation of the overall effectiveness of the accredited training program by testing a trainee's knowledge and retention of the topics covered during the accredited training program.
(9) (8) "Course test blueprint" means written documentation identifying the proportion of course test questions devoted to each major topic in the accredited training program curriculum.
Sec. 5456. (1) "Department" means the department of community health.
(1) (2) "Deteriorated paint" means paint or other surface coating that is cracking, flaking, chipping, peeling, or otherwise damaged or separating from the substrate of a building component.
(2) (3) "Discipline" means 1 of the specific types or categories of lead-based paint activities or renovation identified in this part for which an individual may receive training from an accredited training program and become certified by the department.
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(3) (4) "Distinct painting history" means the application history, as indicated by its visual appearance or a record of application, over time of paint or other surface coatings to a component or room.
(4) (5) "Documented methodology" means a method or protocol used to do either or both of the following:
(a) Sample and test for the presence of lead in paint, dust, and soil.
(b) Perform related work practices as described in rules promulgated under this part.
(5) "Dry disposable cleaning cloth" means a commercially available, dry, electrostatically charged, white, disposable cloth designed for cleaning hard surfaces such as uncarpeted floors or countertops.
(6) "Dust lead hazard" means surface dust in a residential dwelling or child occupied facility that contains a concentration of lead at or in excess of levels identified by the EPA pursuant to section 403 of title IV of the toxic substances control act, Public Law 94-469, 15 U.S.C. USC 2683, or as otherwise defined by rule.
(7) "Elevated blood lead level" or "EBL" means for purposes of lead abatement an excessive absorption of lead that is a confirmed concentration of lead in whole blood of 20 ug/dl, micrograms of lead per deciliter of whole blood, for a single venous test or of 15-19 ug/dl in 2 consecutive tests taken 3 to 4 months apart. For purposes of case management of children 6 years of age or less, elevated blood level means an excessive absorption of lead that is a confirmed concentration of lead in whole blood of 10 ug/dl.a concentration of lead in whole blood equal to or greater than the blood lead reference value for children established by the federal
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Centers for Disease Control and Prevention or the value established by the department by rule, whichever value is less.
(8) "EBL environmental investigation" means both of the following:
(a) A study, for case management purposes, of the living environment of 1 or more children not more than 6 years of age with an elevated blood lead level performed by an EBL investigator to identify causative lead exposures.
(b) The provision of a report by the EBL investigator explaining the results of the study and options for remediation of exposures.
(9) "EBL investigator" means a certified risk assessor who has been endorsed by the department to conduct EBL environmental investigations.
(10) "Emergency renovation operations" means renovation activities that were not planned but result from a sudden, unexpected event, such as a nonroutine failure of equipment, that if not immediately attended to presents a safety or public health hazard or threatens equipment, property, or both, with significant damage. Once the emergency is controlled, applicable laws and rules apply.
(11) (8) "Encapsulant" means a substance that forms a barrier between lead-based paint and the environment using a liquid-applied coating, with or without reinforcement materials, or an adhesively bonded covering material.
(12) (9) "Encapsulation" means the application of an encapsulant.
(13) (10) "Enclosure" means the use of rigid, durable construction materials that are mechanically fastened to the
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substrate in order to act as a barrier between lead-based paint and the environment.
(14) (11) "EPA" means the United States environmental protection agency.Environmental Protection Agency.
(15) "Firm" means any of the following:
(a) A company, partnership, corporation, sole proprietorship or individual doing business, association, or other business entity.
(b) A federal, state, tribal, or local governmental agency.
(c) A nonprofit organization.
Sec. 5457. (1) "Guest instructor" means an individual designated by the manager or principal instructor of an accredited training program to provide instruction specific to the lecture, hands-on activities, or work practice components of a course in the accredited training program.
(2) "Hands-on skills assessment" means an evaluation that tests a trainee's ability to satisfactorily perform the work practices, work procedures, or any other skill taught in an accredited training program.
(3) "Hazardous waste" means waste that term as defined in 40 C.F.R. CFR 261.3.
(4) "HEPA filter" means a high-efficiency particulate air filter that is capable of capturing particles of 0.3 microns with 99.97% efficiency.
(5) "HEPA vacuum" means a vacuum cleaner that has been designed with a HEPA filter as the last filtration stage and so that all the air drawn into the machine is expelled through the HEPA filter with none of the air leaking past it.
(6) "Housing for the elderly" means retirement communities or
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similar types of housing reserved for households composed of 1 or more persons not less than 62 years of age at the time of initial occupancy.
(7) (4) "Inspection" means a surface-by-surface investigation in target housing or a child occupied facility to determine the presence of lead-based paint and the provision of a report explaining the results of the investigation.
(8) (5) "Interim controls" means a set of measures designed to temporarily reduce human exposure or likely exposure to lead-based paint hazards, including, but not limited to, specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards, and the establishment and operation of management and resident education programs.
Sec. 5458. (1) "Lead-based paint" means paint or other surface coatings that contain lead equal to or in excess of 1.0 milligrams per square centimeter or more than 0.5% by weight.
(2) "Lead-based paint activity" means inspection, risk assessment, clearance, EBL investigation, and abatement in target housing and child occupied facilities or in any part thereof.of target housing and child occupied facilities.
(3) "Lead-based paint hazard" means any of the following conditions:
(a) Any lead-based paint on a friction surface that is subject to abrasion and where if the lead dust levels on the nearest horizontal surface are equal to or greater than the dust lead hazard levels identified in rules promulgated under this part.
(b) Any damaged or otherwise deteriorated lead-based paint on an impact surface that is caused by impact from a related building
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component.
(c) Any chewable lead-based painted surface on which there is evidence of teeth marks.
(d) Any other deterioriated deteriorated lead-based paint in or on any residential building or child occupied facility.
(e) Surface dust in a residential dwelling or child occupied facility that contains lead in a mass-per-area concentration equal to or exceeding the levels established by rules promulgated under this part.
(f) Bare soil on residential real property or property of a child occupied facility that contains lead equal to or exceeding levels established by rules promulgated under this part.
(4) "Lead-based paint investigation" means an activity designed to determine the presence of lead-based paint or lead-based paint hazards in target housing and child occupied facilities.
(5) "Lead hazard control activity" means a measure or set of measures designed or performed specifically to reduce or eliminate lead-based paint hazards in target housing and child occupied facilities. Lead hazard control activity includes, but is not limited to, abatement, interim controls, and clearance examinations.
(6) (5) "Living area" means an area of a residential dwelling used by 1 or more children age not more than 6 and under years of age, including, but not limited to, a living room, kitchen area, den, playroom, and a children's bedroom.
Sec. 5459. (1) "Minor repair and maintenance activities" means that term as defined in 40 CFR 745.83.
(2) "Multifamily dwelling" means a structure that contains
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more than 1 separate residential dwelling unit and that is used or occupied, or intended to be used or occupied, in whole or in part, as the home or residence of 1 or more persons.
(3) (2) "Paint in poor condition" means 1 or more of the following:
(a) More than 10 square feet of deteriorated paint on an exterior component with a large surface area.
(b) More than 2 square feet of deteriorated paint on an interior component with large surface areas.
(c) More than 10% of the total surface area of the component is deteriorated on an interior or exterior component with a small surface area.
(4) "Painted surface" means a component surface covered in whole or in part with paint or other surface coatings.
(5) "Pamphlet" means that term as defined in 40 CFR 745.83 or the current department approved pamphlet.
(6) (3) "Permanently covered soil" means soil that has been separated from human contact by the placement of a barrier consisting of solid, relatively impermeable materials, including, but not limited to, pavement or concrete but not including grass, mulch, or other landscaping materials.
(7) (4) "Person" means that term as defined in section 1106 but including the this state and a political subdivision of the this state.
(8) (5) "Principal instructor" means the individual who has the primary responsibility for organizing and teaching a particular course in an accredited training program.
(9) (6) "Recognized laboratory" means an environmental laboratory recognized by the EPA pursuant to under section 405 of
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title IV of the toxic substances control act, Public Law 94-469, 15 U.S.C. USC 2685, as being capable of performing an analysis for lead compounds in paint, soil, and dust.
(10) "Recognized test kit" means a commercially available kit recognized by the EPA under 40 CFR 745.88 as being capable of allowing a user to determine the presence of lead at levels equal to or in excess of 1.0 milligrams per square centimeter or more than 0.5% lead by weight, in a paint chip, paint powder, or painted surface.
(11) (7) "Reduction" means a measure designed to reduce or eliminate human exposure to a lead-based paint hazard through methods, including, but not limited to, interim controls and abatement.
(12) "Renovation" means the modification of any existing structure, or portion thereof, that results in the disturbance of painted surfaces, unless that activity is performed as part of an abatement. Renovation does not include minor repair and maintenance activities. Renovation includes, but is not limited to, all of the following:
(a) The removal, modification, or repair of painted surfaces or painted components, including, but not limited to, modification of painted doors, surface restoration, window repair, or surface preparation activity such as sanding, scraping, or other activities that may generate paint dust.
(b) The removal of building components, including, but not limited to, walls, ceilings, plumbing, or windows.
(c) Weatherization projects, including, but not limited to, cutting holes in painted surfaces to install blown-in insulation or to gain access to attics and planning thresholds to install weather
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stripping.
(d) Interim controls that disturb painted surfaces.
(e) A renovation to convert a building, or part of a building, into target housing or a child occupied facility.
(13) "Renovator" means an individual who either performs or directs workers who perform renovations.
(14) (8) "Residential dwelling" means either of the following:
(a) A detached single family dwelling unit, including, but not limited to, attached structures such as porches and stoops and accessory structures such as garages, fences, and nonagricultural or noncommercial outbuildings.
(b) A building structure that contains more than 1 separate residential dwelling unit that is used or occupied, in whole or in part, as the home or residence of 1 or more persons.
(15) (9) "Risk assessment" means both of the following:
(a) An on-site investigation in target housing or a child occupied facility to determine the existence, nature, severity, and location of a lead-based paint hazard.
(b) The provision of a report by the person conducting the risk assessment explaining the results of the investigation and options for reducing the lead-based paint hazard.
(16) (10) "Soil lead hazard" means bare soil on a residential dwelling or on the property of a child occupied facility that contains lead at or in excess of levels identified by the EPA pursuant to under section 403 of title IV of the toxic substances control act, Public Law 94-469, 15 U.S.C. USC 2683, or as otherwise defined by rule.
(17) "State examination" means the examination for certification under this part in the disciplines of inspector, risk
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assessor, worker, and supervisor offered and administered by a party other than an accredited training program.
Sec. 5460. (1) "Target housing" means housing constructed before 1978, except any of the following:
(a) Housing for the elderly or persons with disabilities, unless any 1 or more children age not more than 6 years or less of age resides or is expected to reside in that housing.
(b) A 0-bedroom dwelling.
(c) An unoccupied dwelling unit pending demolition, provided if the dwelling unit remains unoccupied until demolition.
(2) "Third party examination" "Third-party examination" means the examination for certification under this part in the disciplines of clearance technician, inspector, risk assessor, worker, and supervisor offered and administered by a party other than an accredited training program.
(3) "Training curriculum" means an established set of course topics for instruction in an accredited training program for a particular discipline designed to provide specialized knowledge and skills.
(4) "Training hour" means not less than 50 minutes of actual learning, including, but not limited to, time devoted to lecture, learning activities, small group activities, demonstrations, evaluations, or hands-on experience or a combination of those activities.
(5) "Training manager" means the individual responsible for administering an accredited training program and monitoring the performance of principal instructors and guest instructors.
(6) "Vertical containment" means a vertical barrier consisting of plastic sheeting or other impermeable material over scaffolding
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or a rigid frame, or an equivalent system of containing the work area.
(7) (6) "Visual inspection for clearance testing" means the visual examination of a residential dwelling or a child occupied facility following an abatement designed to determine whether the abatement has been successfully completed.
(8) (7) "Visual inspection for risk assessment" means the visual examination of a residential dwelling or a child occupied facility to determine the existence of deteriorated paint or other potential sources of lead-based paint hazards.
(9) "Wet disposable cleaning cloth" means a commercially available, premoistened, white, disposable cloth designed for cleaning hard surfaces such as uncarpeted floors or countertops.
(10) "Wet mopping system" means a device with all of the following:
(a) A long handle.
(b) A mop head designed to be used with disposable, absorbent cleaning pads.
(c) A reservoir for cleaning solution.
(d) A built-in mechanism for distributing or spraying the cleaning solution onto a floor or a method of equivalent efficacy.
(11) "Work area" means the area that the certified lead abatement supervisor or certified renovator establishes to contain dust and debris generated by lead hazard control or renovation work.
Sec. 5460a. (1) This part contains procedures and requirements for the accreditation of lead-based paint activities and renovation training programs, procedures and requirements for the certification of individuals and other persons engaged in lead-
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based paint activities and renovations, and work practice standards for performing lead-based paint activities as that term is defined in section 5458. and renovations. This part requires that all lead-based paint activities and renovations be performed by certified individuals and persons. , except for those circumstances and persons described in section 5453(2).
(2) This part does not apply to individuals and persons engaged in lead-based paint activities and renovations conducted within or on certain owner-occupied residential and multifamily dwellings as further described in section 5453(2) except in certain dwellings in which a residing child is identified as having an elevated blood lead level.
(3) This part does not require the owner or occupant to undertake any lead-based paint activities or renovations.
Sec. 5461. (1) A person shall not engage or offer to engage in a lead-based paint activity or renovation unless certified in the appropriate discipline under this part. A person conducting a lead-based paint activity or renovation shall comply with the standards for performing lead-based paint activities or renovations contained in this part and the rules promulgated under this part.
(2) The department shall certify a person applying for certification under this part if that person demonstrates to the department that he or she the person is licensed, certified, or registered in another state and the standards for obtaining that license, certification, or registration are substantially similar to those imposed under this part.
Sec. 5461a. (1) A person shall not provide or offer to provide a training program for lead-based paint activities or renovations unless the training program is accredited under the appropriate
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discipline under this part. A person providing an accredited training program shall comply with the standards for accreditation and training certification prescribed in this part and the rules promulgated under this part.
(2) The department shall accredit a training program if the training program is registered by the department under the department's voluntary registration program by August 30, 1998 if the training program submits an application under section 5462.
Sec. 5462. (1) A person may seek accreditation for a training program to offer courses in lead-based paint activities and renovations in 1 or more of the following disciplines:
(a) Inspector.
(b) Risk assessor.
(c) Supervisor.
(d) Project designer.
(e) Abatement worker/laborer.
(f) Clearance technician.
(g) Renovator.
(h) Dust sampling technician.
(2) A person may also seek accreditation for a training program to offer refresher courses for each of the disciplines described in subsection (1).
(3) A person shall not provide, offer, or claim to provide EPA-accredited courses in lead-based paint activities or renovations without applying for and receiving accreditation from the department under this part.
(4) A person seeking accreditation for a training program shall submit a written application to the department containing all of the following:
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(a) If the applicant is a sole proprietorship or corporation, its "doing business as" or corporate identification number.
(b) The fee required by section 5471.
(c) The name of each principal position, partner, shareholder, member, or owner.
(d) The training program's proposed name, address, and telephone number.
(e) A list of courses and disciplines for which it is seeking accreditation.
(f) A statement signed by the training program manager certifying that the training program meets the requirements established by this part and the rules promulgated under this part.
(g) A copy of the student and instructor manuals or other materials to be used for each course.
(h) A copy of the course agenda for each course.
(i) A description of the facilities and equipment to be used for lecture and hands-on training.
(j) A copy of the course test blueprint for each course.
(k) A description of the activities and procedures that will be used for conducting the hands-on skills assessment for each course.
(l) A copy of the quality control plan as defined in rules promulgated by the department.
(5) The department shall approve an application for accreditation of a training program within 180 days after receiving a complete application from the training program if the department determines that the applicant meets the requirements of this part and the rules promulgated under this part. In the case of approval, the department shall send a certificate of accreditation to the
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applicant. Before disapproving an application, the department may advise the applicant as to specific inadequacies in the application for accreditation or specific instances where the training program does not meet the requirements of this part or the rules promulgated under this part, or both. The department may request additional information or materials from the training program under this section. If the department disapproves a training program's application for accreditation, the applicant may reapply for accreditation at any time.
(6) A training program shall must meet all of the following requirements in order to become accredited to offer courses in lead-based paint activities and renovations:
(a) Employ a training manager who has training, education, and experience as described in rules promulgated by the department.
(b) Provide that the training manager described in subdivision (a) designate a qualified principal instructor for each course who has training, education, and experience as described in rules promulgated by the department.
(c) Provide that the principal instructor described in subdivision (b) be responsible for the organization of the course and oversight of the teaching of all course material. A training manager may designate guest instructors as needed to provide instruction specific to the lecture, hands-on activities, or work practice components of a course.
(7) The following documents are recognized by the department as evidence that a training manager or a principal instructor has the education, work experience, training requirements, or demonstrated experience specifically listed in rules promulgated by the department, which documentation is not required to be submitted
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with the accreditation application but, if not submitted, must be retained by the training program as required by the record-keeping requirements contained in this part:
(a) An official academic transcript or diploma as evidence of meeting the education requirements.
(b) A resume, letter of reference, or documentation of work experience, as evidence of meeting the work experience requirements.
(c) A certificate from a train-the-trainer course or a lead-specific training course, or both, as evidence of meeting the training requirements.
(8) A training program accredited under this part shall must ensure the availability of, and provide adequate facilities for, the delivery of the lecture, course test, hands-on training, and assessment activities, including, but not limited to, providing training equipment that reflects current work practices and maintaining or updating the equipment and facilities of the training program, as needed.
Sec. 5463. (1) A training program accredited under section 5462 shall must provide training courses that meet the following training hour requirements in order to become accredited in the following disciplines:
(a) An inspector course shall must last a minimum of 24 training hours, with a minimum of 8 hours devoted to hands-on training activities. The department shall promulgate rules to determine the minimum curriculum requirements for the inspector course.
(b) A risk assessor course shall must last a minimum of 16 training hours, with a minimum of 4 hours devoted to hands-on
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training activities. The department shall promulgate rules to determine the minimum curriculum requirements for the risk assessor course.
(c) A supervisor course shall must last a minimum of 32 training hours, with a minimum of 8 hours devoted to hands-on activities. The department shall promulgate rules to determine the minimum curriculum requirements for the supervisor course.
(d) A project designer course shall must last a minimum of 8 training hours. The department shall promulgate rules to determine the minimum curriculum requirements for the project designer course.
(e) An abatement worker course shall must last a minimum of 16 24 training hours, with a minimum of 8 hours devoted to hands-on training activities. The department shall promulgate rules to determine the minimum curriculum requirements for the abatement worker course.
(f) A clearance technician course shall last a minimum of 8 training hours, with a minimum of 2 hours devoted to hands-on training activities. The department shall promulgate rules to determine the minimum curriculum requirements for the clearance technician course. Until rules are promulgated, a clearance technician course shall use the curriculum for the lead sampling technician course approved by the EPA under subpart Q of part 745 of title 40 of the code of federal regulations.40 CFR 745.320 to 745.339.
(g) The renovator and dust sampling technician course must last a minimum of 8 training hours, with a minimum of 2 hours devoted to hands-on training activities.
(2) The department may promulgate rules to modify 1 or more of
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the requirements imposed under subsection (1) if changes are needed to comply with federal mandates or for another reason considered appropriate by the department.
(3) For each course offered, the training program shall must conduct a course test at the completion of the course and, if applicable, a hands-on skills assessment. Each individual enrolled in the training program must successfully complete the hands-on skills assessment, if conducted for that course, and receive a passing score on the course test in order to pass a course.
(4) The training manager shall maintain the validity and integrity of a hands-on skills assessment to ensure that it accurately evaluates the trainees' performance of the work practices and procedures associated with the course topics contained in rules promulgated under this section and the course test to ensure that it accurately evaluates the trainees' knowledge and retention of the course topics.
(5) A training program's course test shall must be developed in accordance with the test blueprint submitted with the training program accreditation application.
(6) A training program shall must issue course completion certificates to each individual who passes the training course. The course completion certificates shall must include all of the following information:
(a) The name and address of the individual, along with a unique identification number.
(b) The name of the particular course that the individual passed.
(c) Dates of course completion and test passage.
(d) Expiration date of course certificate.
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(e) The name, address, and telephone number of the training program.
(7) The training manager shall develop and implement a quality control plan designed to maintain and improve the quality of the training program. The quality control plan shall must contain at least both of the following elements:
(a) Procedures for periodic revision of training materials and the course test to reflect innovations in the field.
(b) Procedures for the training manager's annual review of each principal instructor's competence.
(8) The training program shall must offer courses that teach the work practice standards for conducting lead-based paint activities and renovations and other standards developed by the EPA pursuant to title IV of the toxic substances control act, 15 USC chapter 53, subchapter IV, and considered appropriate or necessary by the department. The work practice standards shall must be taught in the appropriate courses to provide trainees with the knowledge needed to perform the lead-based paint activities and renovations.
(9) The training manager shall ensure that the training program complies at all times with all of the requirements of this section and the rules promulgated under this section.
(10) The training manager shall allow the department to audit the training program to verify the contents of the application for accreditation.
Sec. 5464. (1) A training program may seek accreditation to offer refresher training courses in classroom or online format in 1 or more of the disciplines described in section 5462(1). A training program shall must meet those minimum requirements contained in rules promulgated by the department in order to obtain department
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accreditation.
(2) A training program may apply for accreditation of a refresher course concurrently with its application for accreditation of the corresponding training course pursuant to rules promulgated by the department.
(3) The department shall approve an application for accreditation of a refresher course within 180 days after receiving a complete application. Upon approval, the department shall send a certificate of accreditation to the applicant. Before disapproval, the department may advise the applicant as to specific inadequacies in the application for accreditation or specific instances where the continuing education course does not meet the requirements of this part and the rules promulgated under this part, or both. The department may also request additional information or materials retained by the training program. If the department denies a training program's application for accreditation of a refresher course, the applicant may reapply for accreditation at any time.
Sec. 5465. (1) Unless reaccredited, a training program's accreditation under section 5462, including refresher course training accredited under section 5464, expires 1 year after the date of issuance.
(2) A training program seeking reaccreditation shall submit an application to the department no later than 45 days before its accreditation expires.
(3) A training program's application for reaccreditation shall must include any fees and information required pursuant to rules promulgated by the department.
(4) Upon request, a A training program shall must allow the department to audit the training program to verify the contents of
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the application for reaccreditation.
Sec. 5466. (1) The department may, after notice and an opportunity for hearing pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, suspend, revoke, or modify a training program accreditation or a refresher course training program accreditation if the department determines that a training program, training manager, or other person with supervisory authority over the training program has done 1 or more of the following:
(a) Misrepresented the contents of a training course to the department or the trainees enrolled in the training program, or both.
(b) Failed to submit required information or notifications in a timely manner.
(c) Failed to maintain required records.
(d) Falsified accreditation records, student certificates, instructor qualifications, or other accreditation-related information or documentation.
(e) Failed to comply with the training standards and requirements of this part and the rules promulgated under this part.
(f) Failed to comply with a federal, state, or local statute, rule, or regulation involving lead-based paint activities and renovations.
(g) Made false or misleading statements to the department in its application for accreditation or reaccreditation that the department relied upon in approving the application.
(2) In addition to an administrative or judicial finding of a violation, the execution of a consent agreement in settlement of an
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enforcement action is considered, for purposes of this section, evidence of a failure to comply with the standards and requirements of this part and the rules promulgated under this part or other relevant statutes or regulations involving lead-based paint activities and renovations.
Sec. 5468. (1) An individual seeking certification by the department to engage in lead-based paint activities and renovations shall pay the appropriate fees required under section 5471 and submit an application to the department demonstrating either of the following:
(a) Compliance with the requirements of this part and the rules promulgated under this part for the particular discipline for which certification is sought.
(b) A copy of a valid lead-based paint activities or renovation certification or its equivalent, as determined by the department, from a training program that has been authorized by the EPA pursuant to 40 C.F.R. CFR part 745 along with proof of the applicant's third party state examination results, if applicable.
(2) Following the submission of an application demonstrating that the requirements of this part and the rules promulgated under this part have been met, the department shall certify an applicant in 1 or more of the following disciplines:
(a) Inspector.
(b) Risk assessor.
(c) Supervisor.
(d) Project designer.
(e) Abatement worker.
(f) Clearance technician.
(g) Renovator.
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(h) Dust sampling technician.
(3) Upon receiving the department certification in 1 or more of the disciplines described in subsection (2), an individual conducting lead-based paint activities or renovations shall comply with the work practice standards for performing that discipline as established under this part and the rules promulgated under this part.
(4) An individual shall not conduct a lead-based paint activity or renovation unless that individual is certified by the department under this section in the appropriate discipline, except that a certified renovator may train workers for renovations for a specific project.
(5) An individual shall do all of the following in order to become certified by the department as an inspector, risk assessor, abatement worker, or supervisor:
(a) Successfully complete a course in the appropriate discipline and receive a course completion certificate from an accredited training program.
(b) Pass the third party exam state examination in the appropriate discipline.
(c) Meet the experience or education requirements, or both, as described in rules promulgated by the department.
(6) After an individual passes the appropriate certification exam and submits an application demonstrating that he or she the individual passed that exam and meets the appropriate training, education, and experience requirements, and passes the appropriate certification exam, the department shall issue a certificate to the individual in the specific discipline for which certification is sought. To maintain certification, an individual must be
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recertified pursuant to this part.
(7) An individual shall applicant for certification in lead-based paint activities or renovations must pass the third party exam state examination within 6 months after receiving a course completion certificate in order to be eligible for certification. An individual is not eligible to take the third party exam state examination more than 3 times within the 6 months after receiving a course completion certificate. An individual who does not pass the third party exam state examination after 3 attempts shall must repeat the appropriate course from an accredited training program in order to be eligible to retake the exam.
(8) An individual shall must do both of the following in order to become certified by the department as a project designer:
(a) Successfully complete a course in the appropriate discipline and receive a course completion certificate from an accredited training program.
(b) Meet the experience or education requirements, or both, as described in rules promulgated by the department.
(9) After an individual has successfully completed the appropriate training courses, applied to the department, and met the requirements of this part and the rules promulgated under this part, the department shall issue a certificate to the individual. in the discipline of project designer. To maintain certification, the individual must be periodically recertified pursuant to this part.
(10) An applicant pursuing certification as a certified renovator or dust sampling technician must successfully complete a course in the appropriate discipline and receive a course completion certificate from an accredited training program before
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applying to the department for certification.
(11) (10) An individual who received training in a lead-based paint activity between October 1, 1990 and March 1, 1999 and an individual who has received lead-based paint activities or renovations training at an EPA-authorized accredited training program are eligible for certification by the department under rules promulgated by the department.
(12) (11) In order Subject to subsection (14), to maintain certification in a particular discipline, a certified individual shall apply to must pay an annual fee and be recertified in that discipline by the department every 3 years by taking the appropriate refresher course and state examination.
(13) (12) An individual shall do both of the following in order to become a certified clearance technician:
(a) Successfully complete an approved course for the discipline of clearance technician and receive a course completion certificate.
(b) Pass the third party third-party exam for the discipline of clearance technician.
(14) If an individual has unpaid enforcement fines and the individual is not successfully executing a payment plan established by the department, the department shall deny that individual recertification until the fine is paid in full or a payment plan is established.
Sec. 5469. (1) Beginning August 30, 1999, a A person shall not perform or offer to perform lead-based paint activities or renovations without obtaining certification by the department under this part.
(2) A person seeking certification under subsection (1) shall
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submit to the department a letter attesting that the person shall employ only employ appropriately certified employees under section 5468 to conduct lead-based paint activities or renovations and that the person and its employees shall follow the work practice standards for conducting lead-based paint activities and renovations as established in rules promulgated by the department.
(3) A person seeking certification under subsection (1) shall do all of the following:
(a) Complete the application and pay the appropriate fee accompanied by a corporate identification number, certificate of sole proprietorship, or other business entity documentation acceptable to the department.
(b) Indicate whether the applicant has liability insurance.
(c) Submit proof of Michigan workers' disability compensation insurance.
(b) (d) Submit proof that each employee or agent involved in lead-based paint activities or renovations has received training and certification as required by this part.
(c) (e) If applicable, submit the name of each principal partner, shareholder, member, or owner.
(4) Not more than 90 days from the date of receipt of the person's completed application, the department shall approve or disapprove the person's request for certification. Within that time period, the department shall respond with either a certificate of approval or a letter describing the reasons for a disapproval.
(5) A person certified by the department under this section shall maintain all records pursuant to the requirements imposed in rules promulgated by the department.
(6) If a person has unpaid enforcement fines and the person is
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not successfully executing a payment plan established by the department, the department shall deny that person recertification until the fine is paid in full or a payment plan is established.
Sec. 5470. Beginning on March 1, 1999, all All lead-based paint activities shall and renovations must be performed by an individual certified in the appropriate discipline under this part and pursuant to the work practice standards prescribed in rules promulgated by the department.
Sec. 5471. (1) Subject to subsection (7), subsections (7) and (8), fees for a person accredited or seeking accreditation for a training program offering courses or refresher courses in lead-based paint abatement activities and renovations are as follows:
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(a) |
Initial application processing fee.............. |
$ |
100.00. |
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(b) |
Initial accreditation fee......... $475.00 $450.00 per discipline. |
||
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(c) |
Reaccreditation fee, annual....... $265.00 $250.00 per discipline. |
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(2) Fees for an individual certified or seeking certification to engage in lead-based paint abatement activities and renovations are as follows:
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(a) |
Initial application processing fee............. |
$ |
25.00. |
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(b) |
Certification fee, per year if 1 of the following disciplines: |
||
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(i) |
Inspector...................................... |
$ |
150.00.125.00. |
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(ii) |
Risk assessor.................................. |
$ |
150.00.125.00. |
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(iii) |
Supervisor..................................... |
$ |
50.00. 75.00 |
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(iv) |
Project designer............................... |
$ |
150.00.125.00. |
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(v) |
Abatement worker/laborer....................... |
$ |
25.00. 50.00. |
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(vi) |
Clearance technician........................... Certification fee, per every 3 years if a dust sampling technician.......................... |
$ |
50.00. |
(3) Fees for a person certified or seeking certification to engage in lead-based paint abatement activities and renovations are as follows:
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(a) |
Initial abatement application processing fee............. |
$ |
100.00. |
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(b) |
Certification Abatement firm certification fee, per year.................... |
$ |
220.00. |
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(c) |
Initial renovation firm application processing fee.......................... |
$ |
100.00. |
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(d) |
Renovation firm certification fee per year.......................... |
$ |
60.00. |
(4) If the department increases fees under subsection (5), the increase shall be is effective for that fiscal year. The increased fees shall must be used by the department as the basis for calculating fee increases in subsequent fiscal years.
(5) By August 1 of each year, the department shall provide to the director of the department of management and budget and to the chairpersons of the appropriations committees of the senate and house of representatives a complete schedule of fees to be collected under this section.
(6) The fees imposed under this part shall must not exceed the actual cost of administering this part.
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(7) The department may waive the fees for an accredited training program for a person who has demonstrated that no part of its the person's net earnings benefit any private shareholder or individual.
(8) The department may adjust the amounts prescribed in subsection (1) every 3 years by an amount determined by the state treasurer to reflect the cumulative annual percentage change in the Detroit Consumer Price Index and rounded to the nearest dollar. As used in this subsection, "Detroit Consumer Price Index" means the most comprehensive index of consumer prices available for the Detroit area from the Bureau of Labor Statistics of the United States Department of Labor.
Sec. 5472. Before beginning a lead-based paint abatement, including an interim control activity, a person conducting lead-based paint abatement, including an interim control activity, shall notify the department, on forms provided by the department or through electronic methods approved by the department, regarding information the department considers necessary in order to conduct for compliance with section 5474b and an unannounced site inspection. The person shall send notification not less than 3 business days before commencing the lead-based paint abatement, including an interim control activity. For renovation projects, which do not require notification, the department may conduct unannounced site inspections.
Sec. 5473a. (1) The department shall administer this part and promulgate rules as may be necessary for the administration and enforcement of this part pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. Rules promulgated under this subsection must do both of the following:
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(a) Adopt by reference the provisions of the regulations issued by the EPA for renovation work practice activities in 40 CFR part 745.
(b) Allow vertical containment to be used in any renovation or lead-based paint activity.
(2) The department shall authorize, coordinate, and conduct programs to educate persons, including, but not limited to, homeowners and remodelers of lead hazards associated with remodeling target housing and methods of lead-hazard reduction activities.
(3) The department shall establish a program that provides an opportunity for property owners, managers, and maintenance staff to learn about lead-safe practices and the avoidance of creating lead-based paint hazards during minor painting, repair, or renovation.
(4) Not later than January 1, 2000, the The department shall recommend appropriate maintenance practices for owners of residential property, day care facilities, and secured lenders that are designed to prevent lead poisoning among children not more than 6 years of age or less and pregnant women. In making its recommendations, the department shall consult with affected stakeholders and shall consider the effects of those maintenance practices on the availability and affordability of housing and credit.
(5) The following information required to be submitted to the department by certified individuals and persons under this part and rules promulgated under this part is exempt from disclosure as a public record under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246:
(a) The name , street address, and telephone number of the
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owner, agent, or tenant of a residential dwelling where lead-based paint investigations have been conducted. The address where the lead-based paint investigation occurred is not exempt.
(b) Information that could be used to identify 1 or more children with elevated blood lead levels that have been reported to the department.
(c) Information contained in an EBL environmental investigation report that could be used to identify 1 or more children with elevated blood lead levels.
Sec. 5474. (1) The department shall establish a lead poisoning prevention program that has the following components:
(a) A coordinated and comprehensive plan to prevent childhood lead poisoning and to minimize exposure of the general public to lead-based paint hazards.
(b) A comprehensive educational and community outreach program regarding lead poisoning prevention that shall, must, at a minimum, include the development of appropriate educational materials targeted to health care providers, child care providers, public schools, owners and tenants of residential dwellings, and parents of young children. These educational materials shall must be made available, upon request, to local and state community groups, legal services organizations, and tenants' groups.
(c) A technical assistance system for health care providers to assist those providers in managing cases of childhood lead poisoning. As part of this system, the department shall require that results of all blood lead level tests conducted in Michigan be reported to the department as provided for in rule and that when the department receives notice of elevated blood lead levels above 10 micrograms per deciliter, in children, it shall initiate contact
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with the local public health department or the physician, or both, of the child whose blood lead level exceeds 10 micrograms per deciliter.is equal to the elevated blood lead level.
(2) The department shall report to the legislature by January 1, 1999, and annually thereafter, the number of children through age 6 who were screened for lead poisoning not more than 6 years of age who received a blood lead test during the preceding fiscal calendar year and who were confirmed to have had blood lead levels above 10 micrograms per deciliter. had elevated blood lead levels. The report shall must compare these rates with those of previous fiscal years and the department shall recommend methods for improving compliance with guidelines issued by the federal centers for disease control and prevention, United States Centers for Disease Control and Prevention, including any necessary legislation or appropriations.
(3) Not more than 1 year after the effective date of this part, and annually thereafter, the The department shall annually prepare a written report regarding the expenditures under the lead poisoning prevention program including the amounts and sources of money from the previous year and a complete accounting of its use. The report shall must be given to the appropriate committees of the legislature and be made available to the general public upon request.
Sec. 5474b. (1) The department in cooperation with the family independence agency and the Michigan state housing development authority shall establish and maintain a registry, to be known as the "lead safe information housing registry", to provide the public with a listing of residential and multifamily dwellings and child occupied facilities that have had a lead-based paint investigation
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or have been abated of or have had interim controls performed to control lead-based paint hazards as determined through a lead-based paint investigation performed by a certified risk assessor, certified inspector, or EBL investigator certified under this part. The registry shall include, at a minimum, all of the following information:
(a) Name of the owner of the building.
(b) Address of the building.
(c) Date of construction.
(d) Property description.
(e) Date and description of any lead-based paint and interim control activities, including the name of the certified abatement worker or the certified risk assessor certified under this part who performed the abatement or conducted the inspection, assessment, or clearance testing of the building and the results of the lead hazard control activity.
(2) The owner of target housing that is offered for rent or lease as a residence or the owner of a child occupied facility shall may register that property with the department if that property has had a lead-based paint investigation or has been abated of or has had interim controls performed to control lead-based paint hazards as determined through a lead-based paint investigation performed by a certified risk assessor, certified inspector, or EBL investigator certified under this part in a form as prescribed by the department free of charge. The form shall must include, at a minimum, all of the following information:
(a) Name of the owner of the building.
(b) Address of the building.
(c) Date of construction.
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(d) Property description.
(e) (d) Date and description of any lead-based paint activity and interim control activities including the name of the certified abatement worker or the certified risk assessor certified under this part who performed the abatement or conducted the inspection, lead-hazard screen, assessment, or clearance testing of the building and the results of the lead-based paint lead hazard control activity.
(3) An owner required to register his or her property under subsection (2) shall provide the department with a copy of each report, document, or other information that is required to be filed with the federal government under federal law and regulations related to lead-based paint.
(3) (4) The owner of any other residential or multifamily dwelling that is not otherwise included in the registry but is offered for rent or lease as a residence or the owner of a child occupied facility may register that property with the department and the department shall include that property on the lead safe information housing registry. A person who wishes to register under this subsection shall must execute and return the registration form to the department with payment of the registration fee in an amount as prescribed by the department. To list a property on the lead information housing registry, properties built after 1978 may submit proof of year built instead of any lead-based paint or lead hazard control activity reports.
(4) (5) The department shall publish the lead safe information housing registry on its website and provide a copy of the registry to a person upon request. The department may charge a reasonable, cost-based fee for providing copies of the lead safe information
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housing registry under this subsection.
Sec. 5474c. (1) The legislature recognizes the imminent threats posed to children's health and cognitive development from ingestion of lead paint dust in residential neighborhoods, the broad dispersal of lead-laden soils from historical airborne deposition of leaded fuel emissions, and identified specific facilities that present known or potential lead hazards. The legislature further recognizes the need to educate the citizens of this state regarding those threats.
(2) The legislature declares that October 23 through October 29, 2005 shall be known as the "Lead Poisoning Prevention Week" and for each year thereafter the period beginning on the fourth Sunday of October through the following Saturday shall be known as the "Lead Poisoning Prevention Week".
Sec. 5475. (1) The department shall receive or initiate complaints of alleged violations of this part or rules promulgated under this part and take action with respect to alleged violations or complaints as prescribed by this part.
(2) The department, in its own discretion, or upon the written complaint of an aggrieved party or of a state agency or political subdivision of this state, may investigate the acts of an accredited training program, an individual or other person certified under this part, or a person allegedly engaged in lead-based paint activity. activities or renovations, or both. The department may deny, suspend, or revoke certification or accreditation issued under this part if a certified person, accredited training program, certified individual, or a person allegedly engaged in lead-based paint activity activities or renovations, or both, is found to be not in compliance with this
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part or the rules promulgated under this part. In addition, the department may deny, suspend, or revoke a certification or accreditation issued under this part for 1 or more of the following:
(a) Willful or negligent acts that cause a person to be exposed to a lead-containing substance in violation of this part, the rules promulgated under this part, or other state or federal law pertaining to the public health and safety aspects of lead abatement or renovation.
(b) Falsification of records required under this part.
(c) Continued failure to obtain or renew certification or accreditation under this part.
(d) Deliberate misrepresentation of facts or information in applying for certification or accreditation under this part.
(e) Permitting a person who has not received the proper training and certification under this part or other applicable state or federal law to come in contact with lead or be responsible for a lead abatement or renovation project.
(3) Information identifying a complainant or person who submits a tip or complaint to the department is exempt from disclosure as a public record under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
Sec. 5476. (1) A person who violates this part or a rule promulgated under this part is subject to an administrative fine up to the following amounts for each violation or each day that a violation continues:
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(a) |
For a first violation....................... |
$ |
2,000.00. 5,000.00. |
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(b) |
For a second violation...................... |
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5,000.00. 8,000.00. |
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(c) |
For a third or subsequent violation......... |
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10,000.00. 13,000.00. |
(2) If the department has reasonable cause to believe that a person has violated this part or a rule promulgated under this part, the department may issue a citation at that time or not later than 180 days 5 years after discovery of the alleged violation. The citation shall must be written and shall state with particularity the nature of the violation as provided for by the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. An alleged violator may request an administrative hearing pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
Sec. 5477. (1) A person who engages in a lead-based paint activity as provided for by this part and who willfully or repeatedly violates this part or a rule promulgated under this part or a person who fails to correct the violation after notice from the department under this part is guilty of a misdemeanor, punishable by a fine of not more than $5,000.00, $15,000.00 and upon conviction for a second or subsequent offense, not more than $10,000.00, $25,000.00 or imprisonment for not more than 6 months, or both. A violation of this subsection may be prosecuted by either the attorney general or the prosecuting attorney of the judicial district in which the violation was committed.
(2) The application of sanctions under this part is cumulative and does not preclude the application of other sanctions or penalties contained in the provisions of any other federal, state, or political subdivision statute, rule, regulation, or ordinance.
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(3) This part does not diminish the responsibilities of an owner or occupant, or the authority of enforcing agents under state, county, city, municipal, or other local building, housing, or health and safety codes.
(4) The requirements of this part are in addition to other pertinent provisions of a code listed in subsection (3).
Enacting section 1. Section 5474b of the public health code, 1978 PA 368, MCL 333.5474b[1], is repealed.
