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Oregon Bulletin

August 1, 2011

 

Oregon Health Authority,
Public Health Division
Chapter 333

Rule Caption: Revision of rules related to lead-based paint activities and renovation, repair and painting.

Adm. Order No.: PH 4-2011

Filed with Sec. of State: 6-16-2011

Certified to be Effective: 6-16-11

Notice Publication Date: 3-1-2011

Rules Amended: 333-068-0005, 333-068-0015, 333-068-0020, 333-068-0025, 333-068-0030, 333-068-0035, 333-068-0040, 333-068-0045, 333-068-0050, 333-068-0055, 333-068-0060, 333-068-0065, 333-069-0005, 333-069-0015, 333-069-0020, 333-069-0030, 333-069-0040, 333-069-0050, 333-069-0060, 333-069-0070, 333-069-0080, 333-069-0085, 333-069-0090, 333-070-0075, 333-070-0085, 333-070-0090, 333-070-0095, 333-070-0100, 333-070-0105, 333-070-0110, 333-070-0115, 333-070-0120, 333-070-0125, 333-070-0130, 333-070-0135, 333-070-0140, 333-070-0145, 333-070-0160

Rules Repealed: 333-069-0075, 333-070-0155

Subject: The Oregon Health Authority, Public Health Division is permanently amending Oregon Administrative Rules in chapter 333, divisions 68, 69 and 70 relating to regulating lead-based paint activities, accreditation of training providers and renovation, repair and painting activities involving lead-based paint. The proposed amendments make the following general changes to the rules: (1) Housekeeping changes, including removal of unnecessary definitions, rewording of other definitions, and standardization of terms; (2) Creation of a mechanism for training programs, individuals and firms to become accredited/certified in Oregon if they are currently accredited/certified by EPA or another authorized state; (3) Raises the maximum heat gun temperature in the Work Practice Standards sections of OAR 333-069 and OAR 333-070 to 1100°F; and (4) Eliminates all references to the “opt out” provision in OAR 333-070.

Rules Coordinator: Brittany Sande—(971) 673-1291

333-068-0005

Authority, Purpose, Scope

(1) Authority. These rules are promulgated in accordance with and under the authority of ORS 431.920.

(2) Purpose. These rules prescribe the requirements for accredited training programs to ensure a properly trained workforce to perform inspection, risk assessment and abatement of hazards associated with lead-based paint. These rules are designed to ensure that good quality training is available to those who need or want to have training in lead-based paint inspection, assessment or abatement activities.

(3) Scope.

(a) A training program may seek accreditation to offer lead-based paint activity courses in any of the following disciplines: inspector, risk assessor, supervisor, project designer, and abatement worker. A training program accredited in a discipline may also seek accreditation to offer refresher courses for the discipline.

(b) These rules prescribe the requirements for training programs to provide, offer, or claim to provide Authority accredited lead-based paint activities courses.

(c) These rules prescribe those actions or circumstances that constitute failure to achieve or maintain competency, or that otherwise are contrary to the public interest, for which the Authority may deny, suspend, or revoke accreditation.

(d) These rules provide criteria for the certification by the Authority and licensure by the Construction Contractors Board (CCB) of persons and the firms employing persons who have completed accredited training.

(e) These rules establish fees to the extent necessary to defray costs of those activities prescribed herein.

Stat. Auth.: ORS 431.920

Stats. Implemented: ORS 431.920

Hist.: HD 19-1997, f. & cert. ef. 12-12-97; PH 4-2011, f. & cert. ef. 6-16-11

333-068-0015

Definitions

As used in these rules unless otherwise required by context:

(1) “Abatement” means any measure or set of measures designed to permanently eliminate lead-based paint hazards including, but not limited to:

(a) The removal of lead-based paint and lead-contaminated dust, the permanent enclosure or encapsulation of lead-based paint, the replacement of lead-painted surfaces or fixtures, and the removal or covering of lead-contaminated soil; and

(b) All preparation, cleanup, disposal, and post-abatement clearance examination activities associated with such measures;

(c) Specifically, abatement includes, but is not limited to:

(A) Projects for which there is a written contract or other documentation, which provides that an individual or firm will be conducting activities in or to a residential dwelling or child-occupied facility that results in permanent elimination of lead-based paint hazards or designed to permanently eliminate lead-based paint hazards as described in subsections (1)(a) and (1)(b) above.

(B) Projects resulting in the permanent elimination of lead-based paint hazards, conducted by certified and licensed firms or individuals, unless such projects are covered under subsection (1)(d) of this definition.

(c) Projects resulting in the permanent elimination of lead-based paint hazards; conducted by firms or individuals who, through their company name or promotional literature, represent, advertise, or hold themselves out to be in the business of performing lead-based paint activities, unless such projects are covered under subsection (1)(d) of this section.

(d) Projects resulting in the permanent elimination of lead-based paint hazards that are conducted in response to state or local abatement orders.

(e) Abatement does not include renovation, remodeling, landscaping or other activities, when such activities are not designed to permanently eliminate lead-based paint hazards, but, instead, are designed to repair, restore, or remodel a given structure or dwelling, even though these activities may incidentally result in a reduction or elimination of lead-based paint hazards. Furthermore, abatement does not include interim controls, operations and maintenance activities, or other measures and activities designed to temporarily, but not permanently, reduce lead-based paint hazards.

(2) “Accreditation” means the process whereby the Authority has reviewed and approved a training program’s written application with associated materials for accreditation, and has conducted an on-site audit finding the training program in compliance as specified in these rules.

(3) “Accredited Training Program” means an individual, corporation, partnership or other unincorporated association or public entity to which the Authority, the U.S. Environmental Protection Agency (EPA), or an EPA-authorized state or tribal program has received accreditation or provisional accreditation to provide training for individuals engaged in lead-based paint activities.

(4) “Approved” means approved in writing by the Authority.

(5) “Authority” means the Oregon Health Authority.

(6) “Certified” means successful completion of a training program accredited by the Authority, EPA or an EPA-authorized state or tribal program, passage of a certification examination administered by the Authority, satisfaction of any other requirements for the appropriate discipline, and submittal and approval of the appropriate application by the Authority for inspection, risk assessment or abatement activities in target housing and child-occupied facilities.

(7) “Certified firm” means a company, partnership, corporation, sole proprietorship, association, or other business entity that performs lead-based paint activities that the Authority has issued a certificate under OAR 333-069-0005 through 333-069-0090.

(8) “Clearance examination” means visual examination and clearance testing performed following abatement of lead-based paint or lead-based paint hazards using documented methodologies as defined in this section. Such examination shall be performed by a person certified to perform risk assessments or lead-based paint inspections.

(9) “Clearance examination standards” means values that indicate the maximum amount of lead permitted in dust on a surface or in soil following completion of an abatement activity. Standards for lead in dust are 40 micrograms per square foot (µg/ft²) on floors, 250 µg/ft² on interior window sills, and 400 µg/ft² on window troughs. The values for lead in soil are 400 parts per million (ppm) in play areas and 1,200 ppm in the remainder of the yard.

(10) “Contact hour” means 60 minutes of lead-based paint related training which may include a break of not more than 10 minutes.

(11) “Course completion document” means documentation issued by an accredited training program to an individual as proof of successful completion of an Authority approved lead-based paint course or refresher training course.

(12) “Demonstration testing” means the observation and scoring of a student’s job task and equipment use skills taught during a course or refresher training course.

(13) “Discipline” means a specific type or category of lead-based paint activity.

(14) “Guest instructor” means an individual who is responsible for providing less than 30 percent of training in any course.

(15) “Hands-on training” means training during which students practice skills that they will be expected to perform at the worksite.

(16) “Inspection” means a surface-by-surface investigation to determine the presence of lead-based paint and the provision of a report, in writing, explaining the results of the investigation.

(17) “Inspector” means an individual who is certified by the Authority to conduct in target housing and child-occupied facilities a surface-by-surface investigation to determine the presence of lead-based paint and the provision of a written report explaining the results of the investigation; and to collect dust-wipe and soil samples incidental to post-abatement clearance examination, in accordance with OAR 333-069-0070.

(18) “Instructor” means an individual who is responsible for providing 30 percent or more of training in any course.

(19) “Interactive/participatory teaching methods” means instruction which consists of active participation of the students, such as brainstorming, hands-on training, demonstration and practice, small group problem-solving, learning games, discussions, risk mapping, field visits, walk-throughs, problem-posing, group work assignments, homework review sessions, question-and-answer periods, skits, or role-playing sessions. Lecture is not considered an interactive/participatory teaching method.

(20) “Job tasks” mean the specific activities performed in the context of work.

(21) “Lead-based paint” means paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram per square centimeter or 0.5 percent by weight.

(22) “Lead-based paint activities” means, in the case of target housing and child-occupied facilities, inspection, risk-assessment, and abatement.

(23) “Lead-based paint hazard” means any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces or impact surfaces that would result in adverse human health effects.

(24) “Licensed” means a person who has been certified by the Authority in one or more disciplines and has completed the requirements of the CCB.

(25) “Person” means individuals, corporations, associations, firms, partnerships, joint stock companies, and public entities.

(26) “Principal instructor” means the individual who has the primary responsibility for organizing and teaching a particular course.

(27) “Proficiency test” means any alternative to a conventional written examination that is used to measure a trainee’s mastery of course content. An oral examination offered to a trainee with a manual disability is an example of a proficiency test.

(28) “Provisional accreditation” means the Authority has reviewed and finds acceptable a training program’s written application for accreditation, but has not conducted an on-site audit as specified in these rules.

(29) “Project designer” means an individual who is certified by the Authority and licensed by the CCB to interpret lead inspection or risk assessment reports and to develop plans, specifications, and project procedures for lead abatement projects in target housing and child-occupied facilities, including, occupant notification and protection, clean-up and clearance, and abatement reports.

(30) “Refresher training course” means a minimum seven hour training course (or four hours for project designer) accredited by the Authority to update an individual’s knowledge and skills in the discipline in which training is offered.

(31) “Risk assessment” means an on-site investigation to determine the existence, nature, severity, and location of lead-based paint hazards, and the provision of a report by the individual or the firm conducting the risk assessment, explaining the results of the investigation and options for reducing lead-based hazards.

(32) “Risk assessor” means an individual who is certified by the Authority and licensed by the CCB to conduct, in target housing and child-occupied facilities, on-site investigations to determine the existence, nature, severity, and location of lead-based paint hazards, and to provide a report explaining the results of the investigation and options for reducing lead-based hazards; and who may conduct a lead-hazard investigation, in accordance with OAR 333-069-0070.

(33) “Sample quality control” means a plan or design which ensures the authenticity, integrity, and accuracy of samples, including dust, soil, and paint chip or film samples. Sample quality control also includes provisions for representative sampling and control samples.

(34) “Supervisor” means an individual who is certified by the Authority and licensed by the CCB to either conduct or oversee and direct the work-site conduct of lead-based paint abatement and clearance activities in target housing and child-occupied facilities, and to prepare occupant protection plans and abatement reports in accordance with OAR 333-069-0070.

(35) “These rules” means OAR 333-068-0005 through 333-068-0065.

(36) “Training manager” means the individual responsible for administering a training program and monitoring the performance of principal instructors and guest instructors.

(37) “Worker” means an individual who is certified by the Authority and licensed by the CCB to conduct work site lead-based paint abatement activities in target housing and child-occupied facilities in accordance with OAR 333-069-0070.

Stat. Auth.: ORS 431.920

Stats. Implemented: ORS 431.920

Hist.: HD 19-1997, f. & cert. ef. 12-12-97; PH 4-2011, f. & cert. ef. 6-16-11

333-068-0020

Accreditation Required

(1) No person shall provide, offer, or claim to provide an accredited lead-based paint activities course unless the person has received accreditation or provisional accreditation from the Authority.

(2) Curriculums may be accredited for the initial and refresher training courses for inspector, risk assessor, abatement worker, supervisor, and project designer.

(3) Only Authority accredited or provisionally accredited training programs are eligible to offer refresher training courses for lead-based paint discipline courses.

(4) To qualify for and maintain accreditation, a training program shall:

(a) Propose and offer at least one accredited or provisionally accredited lead-based paint training course.

(b) Conform with personnel, operational and curriculum requirements.

(c) Comply with accreditation application and procedural requirements.

(5) The Authority shall review and approve or deny accreditation, provisional accreditation, or renewal of accreditation of any applicant.

(a) If approved, a written notice shall be sent to the applicant.

(b) If denied, the Authority shall state, in writing, the reasons for denial. An applicant may reapply for accreditation of the same course after a period of 30 days from the date the application was denied.

(6) Provisional status shall be removed upon an on-site audit stating that requirements for Authority approval are satisfied.

(a) A provisional accredited or accredited training program shall permit the Authority to conduct an audit without charge to the Authority.

(b) Advance notice shall not be required prior to conducting an audit.

(c) An audit shall be performed on-site and shall include, but not be limited to, a review of: records, including course completion forms and attendance records; facilities; instructional curriculum; examination design, administration and security procedures, and results, including those of demonstration testing; classroom instruction; audio-visual materials; course content; and coverage.

(7) Accreditation must be obtained and maintained for each training course and refresher training course.

(8) Accreditation shall be valid for 1 year, must be renewed annually, and shall not be transferrable.

(9) Accreditation based on a valid lead-based paint accreditation issued by the EPA or by an EPA-authorized state or tribal program shall be issued with an expiration date not to exceed the date of expiration listed on the EPA or EPA-authorized state or tribal accreditation document.

(10) The provider of an accredited or provisionally accredited training course shall submit for review a written description of changes in method or content that affect one-half hour or more of contact instruction.

(11) A provider of an accredited training course may not implement changes in method or content that affect one-half hour or more of contact instruction without prior approval of the Authority.

(12) An accredited or provisionally accredited training program shall permit the Authority to conduct unannounced on-site audits at any time.

(13) An accredited or provisionally accredited training program shall notify the Authority within 30 days of any change to the current application.

Stat. Auth.: ORS 431.920

Stats. Implemented: ORS 431.920

Hist.: HD 19-1997, f. & cert. ef. 12-12-97; PH 4-2011, f. & cert. ef. 6-16-11

333-068-0025

Application

(1) Submittal of a completed application for course accreditation or re-accreditation shall include:

(a) Name, address, and phone number of training program and training program manager.

(b) List of course(s) for which accreditation is being applied.

(c) Training program manager signed statement certifying each instructor meets qualifications under OAR 333-068-0030 in these rules, as well as, a list of the topics/skill areas to be taught by each instructor.

(d) A copy of the entire course or refresher course instruction curriculum, including, but not limited to: learning objectives; documentation of course agenda with time allocation for each course topic and sequence of topics to be covered during the course(s); student and instructor manuals, handouts, quizzes and homework.

(e) Copy of the test blueprint describing the portion of test questions devoted to each major course topic.

(f) Description of the classroom and field site training facilities, equipment for lecture and hands-on training and equipment storage.

(g) Description of the procedures for conducting the assessment of the hands-on skills and evaluation testing of trainees’ ability to perform work practices.

(h) A copy of the quality control plan developed by the training manager. The plan shall be used to maintain and improve the training program and contain at least the following elements:

(A) Procedures for periodic revision of training materials and course test to be current with innovations in the field.

(B) Procedures for the training manager’s annual review of principle instructor competency.

(i) An example of numbered certificates to be issued to students who successfully complete the training course.

(j) Description of record keeping procedures.

(k) Schedule of anticipated course dates and location(s).

(l) Description of the amount of time and type of hands-on training including student-to-instructor ratio during hands-on training.

(m) Description of the teaching methods to be used for each major topic and for hands-on training.

(n) Description of the audio/visual aids to be used for each major topic.

(2) The program application materials shall demonstrate that it meets the minimum requirements for each discipline for which the program is seeking accreditation.

(3) Documentation of compliance with Oregon Administrative Rules for radioactive lead detection devices in accordance with OAR chapter 333, divisions 102 and 103, which includes, but is not limited to, licensing, storage, and use requirements shall be provided.

(4) Documentation of accreditation issued by the EPA or an EPA-authorized state or tribal program, if applicable.

(5) Applicants for accreditation based on accreditation from the EPA or an EPA-authorized state or tribal program must document to the Authority that they have read and understand the accreditation standards as described in these rules.

(6) When re-accrediting, the training program shall submit a completed application form and required documentation, except for unchanged information and documentation that was submitted with the original application.

(7) When seeking accreditation to offer an additional course, the training program shall submit a completed application form and required documentation, except for unchanged information and documentation submitted with the original application for accreditation.

(8) The Authority may deny an application for accreditation or re-accreditation of a training course for any of the following reasons:

(a) Failure to complete application in accordance with Authority policy or instructions.

(b) Failure to meet minimum curriculum standards as set forth in these rules.

(c) Failure to meet minimum operational standards as set forth in these rules.

(d) Failure to pass a field audit conducted in accordance with Authority policy and procedures.

(9) An applicant whose application for accreditation or re-accreditation of a training course has been denied by the Authority may submit another application for accreditation or reaccreditation of the course after a period of 30 days from the date the application was denied.

(10) The Authority may withdraw provisional accreditation of a training program following the failure of a field audit of that course. If provisional accreditation is withdrawn by the Authority, the training program is required to receive written permission from the Authority before continuing to offer the course for which provisional accreditation has been withdrawn.

Stat. Auth.: ORS 431.920

Stats. Implemented: ORS 431.920

Hist.: HD 19-1997, f. & cert. ef. 12-12-97; PH 4-2011, f. & cert. ef. 6-16-11

333-068-0030

Minimum Personnel Requirements

(1) The training program shall be administered by a training manager having the following minimum qualifications:

(a) Two years of experience administering training programs or two years of experience teaching or training adults;

(b) Successful completion of a course that provides instruction in the planning and teaching of an adult education course, or has obtained a bachelor’s or graduate level degree in adult education from an accredited college or university;

(c) A bachelor’s or graduate degree in building construction technology , engineering, industrial hygiene, safety, public health, education, business administration or program management including: lead or asbestos abatement, painting, carpentry, renovation, remodeling, occupational safety and health, or industrial hygiene;

(d) Successful completion of at least 16 contact hours of lead-based paint training from any of the required topics listed in OAR 333-068-0040.

(2) Each training program shall be taught by a principal instructor who shall be responsible for the organization of the course, teaching of all course material, may deliver course content and has the following minimum qualifications:

(a) Has completed a course that provides instruction in the planning and teaching of any adult education course, or has obtained a degree in adult education from an accredited college or university, or has at least two years of classroom experience in teaching workers or adults;

(b) Successful completion of at least 16 contact hours lead-based paint training from any of the required topics listed in OAR 333-068-0040;

(c) Demonstrated one year of experience, education, or training in lead or asbestos abatement, painting, carpentry, renovation, remodeling, occupational safety and health, or industrial hygiene. Except, that instructors of hands-on training must have two years of such experience; and

(d) Successful completion of seven contact hours of an Authority accredited refresher training instruction annually.

(3) Only a principal instructor receiving a satisfactory annual performance review by the training manager shall provide course or refresher training, unless the instructor is also the training manager.

(4) The training manager may designate guest instructors as needed for teaching particular skills specific to the lecture, hands-on activities, or work practice components of a course.

(a) Each qualified guest instructor shall have a minimum of one year of experience related to the subject matter that they teach.

(b) Except that, guest instructors of hands-on training shall have a minimum of two years of lead-based paint activities experience.

(5) The maximum student to instructor ratio shall be 30 to 1 for classroom training and 10 to 1 for hands-on instruction.

Stat. Auth.: ORS 431.920

Stats. Implemented: ORS 431.920

Hist.: HD 19-1997, f. & cert. ef. 12-12-97; OHD 1-1999, f. & cert. ef. 1-19-99; PH 4-2011, f. & cert. ef. 6-16-11

333-068-0035

Minimum Operation Requirements

(1) The training program shall have available and provide adequate facilities for delivery of the lecture, hands-on training and assessment activities. This includes training equipment that reflects current work practices, and maintaining or updating the equipment and facilities as needed.

(2) For each course offered, the training program shall conduct at the completion of each course a course test composed of questions relevant to the objectives of the course and, if applicable, a hands-on skills assessment, or in the alternative, a proficiency test for that discipline.

(a) The written course examination shall contain a minimum of 50 questions, which shall be presented in multiple-choice format.

(b) A member of the training staff or a designated proctor must remain in the room where the examination is being administered until all trainees have completed the exam.

(c) Each trainee must successfully complete the hands-on skills assessment and receive a passing score on the written course test to pass any course, or successfully complete a proficiency test.

(d) The hands-on skill assessment is an evaluation of the effectiveness of the hands-on training which shall test the ability of the trainees to demonstrate satisfactory performance of work practices and procedures in OAR 333-069-0070, as well as any other skills demonstrated in the course.

(3) The training manager is responsible for maintaining the validity and integrity of the hands-on skills assessment or proficiency test to assure that it accurately evaluates the trainee’s performance of the work practices and procedures associated with the course topics.

(4) The training manager is responsible for maintaining the validity and integrity of the course test to ensure that it accurately evaluates the trainee’s knowledge and retention of the course topics.

(a) The course test is an evaluation of the overall effectiveness of the training which shall test the trainee’s knowledge and retention of the topics covered during the course. A score of 70 percent is considered passing the course test.

(b) The course test shall be developed in accordance with the test blueprint submitted with the training course accreditation application.

(5) Training programs shall issue unique course completion certificates to each individual who successfully completes the course requirements. The course completion certificate shall include:

(a) The name, a unique identification number, and the individual’s address;

(b) Name of particular course completed;

(c) Dates of course completion/test passage;

(d) Expiration date of certification, which shall be six months from date of course completion;

(e) Name, address, and telephone number of training program

(6) The training manager shall develop and implement a quality control plan to be used to maintain or improve the quality of the training program and contain at least:

(a) Procedures for periodic revision of training materials and course test to reflect innovations in the field; and

(b) Procedures for training manager’s annual review of instructor competency.

(7) The training manager shall offer courses which teach the work practice standards, testing criteria and field measurements for conducting lead-based paint activities and other lead-based paint standards that are at least as protective of the environment and of public health as those developed by the EPA, and in accordance with worker safety requirements of the Oregon Occupational Safety and Health Administration (OR-OSHA), and based on principles and practices determined to protect the environment and human beings from exposure to lead contaminants. These standards shall be taught in the appropriate courses to provide trainees with the knowledge needed to perform the lead-based paint activities they are responsible for conducting

(8) The training manager shall be responsible for ensuring that the training program complies at all times with the accreditation regulations.

(9) The training manager shall provide the Authority with a current listing of training courses including the date, time and location of scheduled lead-based paint training courses.

(10) The training manager shall permit the Authority to conduct a course audit without charge to the Authority.

(a) Advance notice shall not be required prior to conducting a course audit to verify the contents of the application for accreditation.

(b) A course audit shall be performed on-site and shall include, but not be limited to, a review of: instructional curriculum; examination design, administration and security procedures, and results, including those of demonstration testing; classroom instruction; audio-visual materials; course content; coverage; teaching facilities, and equipment licensure.

(11) An accredited training program shall maintain at the principal place of business in Oregon, accurate records of attendance; examination results including demonstration testing; completed course forms; and training director, instructor and guest instructor qualifications, for at least seven years.

Stat. Auth.: ORS 431.920

Stats. Implemented: ORS 431.920

Hist.: HD 19-1997, f. & cert. ef. 12-12-97; PH 4-2011, f. & cert. ef. 6-16-11

333-068-0040

Minimum Curriculum Requirements

(1) The inspector course shall consist of a minimum of 24 contact hours. At least 10 of the 24 required contact hours shall be taught using interactive/participatory teaching methods, which includes a minimum of eight hours hands-on training.

(a) Classroom instruction shall include, but not be limited to:

(A) Roles and responsibilities of lead-based paint inspector including qualifications and conflicts of interest.

(B) One contact hour of background information on lead, including but not limited to, identification of environmental lead sources such as surface dust, soil, water, air and food; history of uses and locations of lead and leaded paint in buildings; lead dust and paint characteristics; and summary of abatement control options.

(C) One contact hour of adverse health effects of lead exposure, including but not limited to, nature of lead-related diseases; pathways of exposure and how exposure occurs; dose-response relationships; permissible exposure limit; blood lead levels in children and adults; effects on various body systems; different effects on children and adults including women and the fetus during pregnancy; symptoms and diagnosis of lead poisoning and reportable blood lead levels; how lead in the body is absorbed, distributed and eliminated; medical treatment for lead poisoning including but not limited to chelation therapy.

(D) One contact hour on regulatory review and background information of relevant federal, state, and local regulations including guidance that pertains to lead-based paint and lead-based paint activities.

(E) At least one contact hour on radiation information and safety training requirements including but not limited to:

(i) The Oregon radiation safety training requirements.

(ii) Ionization radiation including atomic structure, units of radiation, radioactivity, radioactive decay, ionization, radiation absorption in matter, and radiation detection.

(iii) Safe use of X-ray florescent (XRF) analyzers, including limitations, transportation, storage, records, record keeping and licensing requirements.

(F) At least two contact hours on lead-based paint respiratory protection and personal protective training that conforms with OAR 437-003-0001(4)(m).

(G) At least six contact hours on inspection work practice standard tasks including, but not limited to:

(i) Legal responsibilities and insurance issues including liabilities, errors and omissions, and bonding.

(ii) Formulation of a testing plan for multi-family dwellings and single family target housing and child-occupied facilities, including notification of property owner and occupants, building access, and use of warning signs.

(iii) Investigation protocol, sample collection including equipment, procedures, quality assurance, contamination factors before, during and after abatement as set forth in the U.S. Housing and Urban Development’s (HUD’s) “ Guidelines for the Evaluation and Control of Lead-based Paint Hazards in Housing” and EPA’s “Residential Sampling of Lead: Protocols for Dust and Soil Sampling”.

(iv) Sample analysis and quality assurance procedures including National Lead Laboratory Accreditation Program (NLLAP) recognized laboratories to test paint, dust, soil and other media.

(b) Hands-on training shall include performance of tasks including but not limited to:

(A) Lead-based paint inspection methods including selection of rooms and components for sampling or testing.

(B) Paint, dust and soil sampling methodologies.

(C) Clearance standards and testing, including random sampling.

(D) Preparation of a final inspection report.

(2) The risk assessor course shall consist of a minimum of 40 contact hours, which includes a 24 contact hour inspector course. At least 16 of the 40 required contact hours shall be taught using interactive/participatory teaching methods, which includes a minimum of 12 hours of hands-on training.

(a) Classroom instruction shall include, but not be limited to:

(A) Role and responsibilities of a risk assessor including risk assessor qualifications, legal obligations, conflicts of interest, and insurance issues.

(B) Collection of background information to perform a risk assessment

(C) Sources of environmental lead contamination exposure sources including paint, surface dust and soil, water, air, packaging, and food.

(D) Risk assessment report form;

(E) Lead hazard screen protocol;

(F) Development of hazard control options, the role of interim controls, and operations and maintenance activities to reduce lead-based paint hazards.

(G) Preparation of a final risk assessment report;

(H) Record keeping;

(I) At least nine contact hours on lead hazard screen and risk assessment work practice standard tasks for target housing and child-occupied facilities.

(b) Hands-on training shall include performance of tasks including but not limited to:

(A) Visual inspections for the purposes of identifying potential lead-based paint hazard sources;

(B) Sampling for other sources of lead exposure;

(C) Interpretation of lead-based paint and other lead sampling results including all applicable state or federal guidance or regulations pertaining to lead-based paint hazards.

(3) The supervisor course shall consist of at least a minimum of 32 contact hours. At least 13 of the 32 required contact hours shall be taught using interactive/participatory teaching methods which includes a minimum of eight hours hands-on training.

(a) Classroom instruction shall include, but not be limited to:

(A) Roles and responsibilities of lead-based paint supervisor including supervisor qualifications, legal obligations, conflicts of interest, abatement liability, and insurance issues.

(B) Background information on lead, including but not limited to, identification of environmental lead sources such as surface dust, soil, water, air and food; history of uses and locations of lead and leaded paint in buildings; lead dust and paint characteristics; and summary of abatement control options.

(C) Adverse health effects of lead exposure, including but not limited to, nature of lead related diseases; pathways of exposure and how exposure occurs; dose-response relationships; permissible exposure limit; blood lead levels in children and adults; effects on various body systems; different effects on children and adults including women and the fetus during pregnancy; symptoms and diagnosis of poisoning and reportable blood lead levels; how lead in the body is absorbed, distributed and eliminated; medical treatment for lead poisoning including but not limited to chelation therapy.

(D) Regulatory review and background information of relevant federal, state, and local regulations including guidance that pertains to lead-based paint and lead-based paint activities.

(E) At least two contact hours on lead-based paint respiratory protection and personal protective training that conforms with OAR 437-003-0001(64(m).

(F) Identification and prevention of hazards encountered during lead-based paint activities including potential lead hazard exposure; prevention of lead dust contamination; emergency procedures for sudden releases and electrical, heat stress, fire, explosion and other hazards, chemical air contaminants, and disturbance of friable asbestos.

(G) Record keeping.

(H) Personal hygiene, including entry and exit procedures for the work area, use of showers, avoidance of eating, drinking, smoking, chewing, and applying cosmetics in the work or changing area, avoidance of take-home exposures.

(I) Medical monitoring requirements discussion of need for medical monitoring of lead toxicity and disclosure of lead related medical history and treatment of lead poisoning cases including medical removal and issues involved in selecting medical services.

(J) Hazard communication with property owner, occupants and neighbors relative to the reduction or elimination of lead sources at the job site.

(K) Development and implementation of an occupant protection plan and abatement report.

(L) Clearance examination standards and testing.

(M) Clean-up and waste disposal.

(N) At least six contact hours on supervisor work practice standard tasks including but not limited to:

(i) Interior and exterior leaded paint, soil and dust abatement methods, including chemical, enclosure, manual, mechanical, blasting, and encapsulation; removal and demolition; ventilation and engineering controls; management in place; and clean-up techniques, including high efficiency particulate air (HEPA) vacuums and negative air machines, as described in HUD’s “Guidelines for the Evaluation and Control of Lead-based Paint Hazards in Housing.”

(ii) Construction and maintenance of containment barriers.

(iii) Warning signs and their placement.

(iv) Electrical and ventilation system lockout and hazardous and non-hazardous waste characterization and disposal.

(b) Hands-on training shall include performance of tasks including but not limited to:

(A) Risk assessment and inspection report interpretation;

(B) Hazard recognition and control;

(C) Respiratory protection and protective clothing;

(D) Lead paint abatement or lead hazard reduction including prohibited methods;

(E) Interior dust abatement/clean-up or lead hazard reduction;

(F) Soil and exterior dust abatement or lead hazard reduction.

(4) The project designer course shall consist of at least a minimum of 40 contact hours, which includes a 32 contact hours supervisor course. At least 16 of the 40 required contact hours shall be taught using interactive/participatory teaching methods, which includes a minimum of eight hours hands-on training and shall include, but not be limited to:

(a) Role and responsibilities of a project designer.

(b) Development and implementation of an occupant protection plan for large scale abatement projects.

(c) Lead-based paint abatement and lead-based paint hazard reduction methods, including restricted practices for large scale projects.

(d) Interior dust abatement/clean-up or lead hazard control and reduction methods for large scale projects.

(e) Clearance examination standards and testing for large scale projects.

(f) Integration of lead-based paint abatement methods with modernization and rehabilitation projects for large scale abatement projects.

(5) The abatement worker course shall consist of at least a minimum of 16 contact hours. At least eight of the 16 required contact hours shall be taught using interactive/participatory teaching methods, which includes a minimum of eight hours hands-on training.

(a) Classroom instruction shall include, but not be limited to:

(A) Role and responsibilities of an abatement worker.

(B) One contact hour of background information on lead, including but not limited to, identification of environmental lead sources such as surface dust, soil, water, air and food; history of uses and locations of lead and leaded paint in buildings; lead dust and paint characteristics; and summary of abatement control options.

(C) One contact hour of adverse health effects of lead exposure, including but not limited to, nature of lead related diseases; pathways of exposure and how exposure occurs; dose-response relationships; permissible exposure limit; blood lead levels in children and adults; effects on various body systems; different effects on children and adults including women and the fetus during pregnancy; symptoms and diagnosis of poisoning and reportable blood lead levels; how lead in the body is absorbed, distributed and eliminated; medical treatment for lead poisoning including but not limited to chelation therapy.

(D) One contact hour on regulatory review and background information of relevant federal, state, and local regulations including guidance that pertains to lead-based paint and lead-based paint activities.

(E) Identification and prevention of hazards encountered during lead-based paint activities including potential lead hazard exposure; prevention of lead dust contamination; emergency procedures for sudden releases and electrical, heat stress, fire, explosion and other hazards, chemical air contaminants, and disturbance of friable asbestos.

(F) At least six contact hours on lead-based paint abatement work practice standard tasks including, but not limited to:

(i) Interior and exterior leaded paint, soil and dust abatement methods, including chemical, enclosure, hand, mechanical, blasting, encapsulation, and management in place, and clean-up techniques, including high efficiency particulate air (HEPA) vacuums and negative air machines, as described in HUD’s “ Guidelines for the Evaluation and Control of Lead-based Paint Hazards in Housing.”

(ii) Construction and maintenance of containment barriers.

(iii) Warning signs and their placement.

(iv) Electrical and ventilation system lockout and hazardous and non-hazardous waste characterization and disposal.

(G) Record keeping.

(H) At least two contact hours on lead-based paint respiratory protection and personal protective training that conforms with OAR 437-003-0001(4)(m).

(I) Personal hygiene, including entry and exit procedures for the work area, use of showers, avoidance of eating, drinking, smoking, chewing, and applying cosmetics in the work or changing area, avoidance of take-home exposures.

(J) Medical monitoring requirements discussion that shall include, but not be limited to, the need for medical monitoring of lead toxicity; the disclosure of lead-related medical history; and the treatment of lead poisoning cases, including issues of medical removal and of selecting medical services.

(K) Hazard communication with property owner, occupants and neighbors relative to the reduction or elimination of lead sources at the job site.

(b) Hands-on training shall include performance of tasks including but not limited to:

(A) Lead-based paint hazard recognition and control;

(B) Lead-based paint abatement and lead-based paint hazard reduction methods, including restricted practices;

(C) Interior dust abatement/clean-up methods or lead hazard reduction;

(D) Soil & exterior dust abatement methods or lead hazard reduction;

(E) Waste disposal.

(6) OR-OSHA respiratory protection and personal protective equipment training is required under these rules. Other OR-OSHA lead-based paint requirements may be included in the training, but are not required by the Authority.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 431.920

Stats. Implemented: ORS 431.920

Hist.: HD 19-1997, f. & cert. ef. 12-12-97; PH 4-2011, f. & cert. ef. 6-16-11

333-068-0045

Minimum Requirements for Accreditation of Refresher Training Course

(1) Refresher training shall only be provided by an accredited training program for the same course discipline.

(2) Refresher training course shall consist of at least seven contact hours of training except for the project designer refresher course which shall consist of at least four contact hours of training.

(3) Each refresher training course shall review the curriculum topics of the respective accredited or provisionally accredited lead-based paint training course and include, but not be limited to:

(a) An overview of current lead-based paint safety practices in general, as well as, specific safety practices for the refresher discipline.

(b) An update on current federal, state, and local lead-based paint laws and regulations in general, as well as, specific laws and regulations applicable to the discipline.

(c) An update on current technologies relating to lead-based paint activities in general, as well as, specific information pertaining to the discipline.

(4) Each student shall be required to pass a course test and a hands-on assessment (if applicable) covering course topics and upon passing the student shall be provided with a course completion certificate.

(5) The training program shall conduct a hands-on assessment, if applicable, and a course completion test for each course offered.

(6) At least 40 percent of refresher education instruction shall be taught using interactive/participatory teaching methods, except for refresher education instruction for lead abatement workers, which shall be taught using at least 50 percent interactive/participatory teaching methods.

(7) A training program seeking accreditation of a refresher course shall submit a written application including:

(a) Name, address, and telephone number;

(b) List of course(s) for which accreditation application is being made;

(c) A copy of student manuals and instructor manuals to be used for each course;

(d) A copy of the course agenda for each course;

(e) Also include with the application for accreditation documentation that complies with OAR 333-068-0030(1) through (4).

Stat. Auth.: ORS 431.920

Stats. Implemented: ORS 431.920

Hist.: HD 19-1997, f. & cert. ef. 12-12-97; PH 4-2011, f. & cert. ef. 6-16-11

333-068-0050

Renewal of Training Program

(1) If a training program meets the regulations for accreditation the program shall be reaccredited. A training program accreditation shall expire one year from date of reaccreditation and shall not be transferable.

(2) A training program seeking reaccreditation shall submit an application to the Authority no later than 60 days before its accreditation expires. If a training program does not submit its application for reaccreditation by that date, the Authority cannot guarantee that the program will be reaccredited before the end of the accreditation period.

(3) The application shall contain:

(a) The training program’s name, address, and telephone number;

(b) List of courses for which it is applying for reaccreditation;

(c) Description of any changes or updates to the training facility or equipment; and

(d) The certified statement as described in OAR 333-069-0050(4) below.

(4) The training program’s application for reaccreditation shall contain a statement signed by the training program manager certifying that:

(a) The course materials, for each course, meet the minimum training curricula requirements, as appropriate;

(b) The training manager, principal instructors, and guest instructors meet the qualifications in OAR 333-068-0030(1) through OAR 333-068-0030(4);

(c) The training program manager complies at all times with all requirements in OAR 333-068-0030;

(d) The quality control program meets the requirements in OAR 333-068-0025(h); and

(e) The record keeping and reporting requirements of OAR 333-068-0060 shall be followed.

(5) An audit may be performed by the Authority to verify the certified statement and the contents of the application.

Stat. Auth.: ORS 431.920

Stats. Implemented: ORS 431.920

Hist.: HD 19-1997, f. & cert. ef. 12-12-97; PH 4-2011, f. & cert. ef. 6-16-11

333-068-0055

Suspensions, Revocation and Modification of Accredited Training Course Curriculum

(1) After notice and a hearing, the Authority may suspend, revoke, or modify a training program’s accreditation if a training program, training manager, or other person with supervisory authority over the program has:

(a) Misrepresented the contents of the training course to the Authority and/or student population;

(b) Failed to submit required notifications in a timely manner;

(c) Failed to maintain required records;

(d) Falsified accreditation records, instructor qualifications, or other accreditation information;

(e) Failed to comply with the training standards and requirements for accreditation of training programs or to deliver the course according to the content and format described in the training program’s application for accreditation and granted provisional approval by the Authority.

(f) Failed to comply with federal, state or local lead-based paint statutes or regulations.

(2) In addition to an administrative or judicial finding of violation, execution of a consent agreement in settlement of an enforcement action constitutes evidence of a failure to comply with relevant statutes or regulations.

(3) Training programs shall permit representatives of the Authority to attend any training course for the purpose of evaluation or monitoring of the course without charge.

(4) Prior to suspending, revoking, or modifying an accreditation of a training program the program shall be notified in writing of procedures in accordance with ORS 183.310 to 183.540.

(5) A training program, for whom the Authority has suspended or revoked a training course, must initiate a new application process with the Authority for re-instatement of the training program and may do so after 45 days following the date of the suspension or revocation.

(6) The Authority shall maintain a list, available to the public, of parties whose accreditation has been suspended, revoked, or modified.

Stat. Auth.: ORS 431.920

Stats. Implemented: ORS 431.920

Hist.: HD 19-1997, f. & cert. ef. 12-12-97; PH 4-2011, f. & cert. ef. 6-16-11

333-068-0060

Training Course Record-Keeping

(1) Accredited training programs shall maintain, and make available to the Authority if requested, the following records:

(a) All documents specified in OAR 333-068-0030 that demonstrate the qualifications listed in OAR 333-068-0030(2), (3), and (4) for training manager, principal instructors, and work practice instructors;

(b) Current curriculum, course materials and documents reflecting any changes made to these materials;

(c) Course test blueprint;

(d) Information on how hands-on assessment is conducted including, but not limited to, who conducts the assessment, how skills are graded, what facilities are used, and the pass/fail rate;

(e) The quality control plan;

(f) Results of student’s hands-on skills assessments and course tests and a copy of each student’s course completion certificate; and

(g) Any other material submitted as part of the program’s application for accreditation.

(2) All training course records shall be retained a minimum of seven years at the location

specified on the training course accreditation application.

(3) The Authority shall be notified 30 days prior to any change in the training program’s current application.

(4) Accredited or provisionally accredited training programs shall provide the Authority with a course roster of persons who have successfully completed the training course within 30 days of course completion.

(5) Accredited or provisionally accredited training programs shall notify the Authority with the location and dates of each course a minimum of 30 days prior to course starting date.

Stat. Auth.: ORS 431.920

Stats. Implemented: ORS 431.920

Hist.: HD 19-1997, f. & cert. ef. 12-12-97; PH 4-2011, f. & cert. ef. 6-16-11

333-068-0065

Fees

The following fees are established:

(1) A non-refundable application fee of $750 for accreditation of a standard lead-based paint inspector or supervisor training course and $500 for accreditation of a standard lead-based paint risk assessor or worker training course; a non-refundable application fee of $600 for a refresher lead-based paint activities training course covering more than two disciplines; and a non-refundable application fee of $500 for an inspector or supervisor refresher training course; and $350 for a risk assessor or a worker refresher training course.

(2) A non-refundable annual reaccreditation application fee of $300 for any initial standard lead-based paint activities training course for each discipline; a non-refundable annual reaccreditation application fee of $200 for a refresher training course covering more than two disciplines; and a non-refundable annual renewal application fee of $100 for a refresher training course covering up to two disciplines.

(3) For initial accreditation application, the following non-refundable fees shall apply for each standard training or refresher training course: Training manager: $175; Each additional instructor or guest instructor: $90.

(4) For annual reaccreditation application, the following non-refundable fees shall apply for each standard training or refresher training course: Training manager: $100; Each additional instructor or guest instructor: $50.

(5) Applicants for accreditation shall pay no more than the maximum single training manager fee for each training manager. An additional instructor or guest instructor fee shall be paid for every training course that is taught by the training manager.

Stat. Auth.: ORS 431.920

Stats. Implemented: ORS 431.920

Hist.: HD 19-1997, f. & cert. ef. 12-12-97; OHD 1-1999, f. & cert. ef. 1-19-99; PH 4-2011, f. & cert. ef. 6-16-11

333-069-0005

Authority, Purpose, Scope

(1) Authority. These rules are promulgated in accordance with and under the authority of ORS 431.920.

(2) Purpose:

(a) The purpose of these rules is to address Oregon’s need for a qualified and properly trained workforce to perform inspection, risk assessment and removal of hazards associated with lead-based paint, to safeguard the environment and protect human health, and the health of building occupants, especially for high-risk groups (children under six years of age), from lead-based paint hazards.

(b) These rules prescribe the requirements for certification of individuals and firms engaged in lead-based paint activities in target housing and child-occupied facilities.

(c) These rules will establish work practice standards for the performance of lead-based paint inspection, risk assessment, and abatement activities for individuals and firms and will require that all lead-based paint activities be performed only by certified individuals and firms.

(3) Scope:

(a) These rules apply to all individuals and firms who are engaged in lead-based paint activities for compensation or where a child residing in the building has been identified as having an elevated blood lead level.

(b) These rules establish the requirement that lead-based paint activities be performed only by certified individuals and firms.

(c) These rules prescribe the requirements for, and the manner of, certifying competency of applicants for certification of lead-based paint inspector, risk assessor, supervisor, project designer, and worker, and of firms employing such individuals.

(d) These rules prescribe work practice standards for the removal or mitigation of lead-based paint hazards and for the performance of lead-based paint inspection and risk assessment, and those actions or circumstances that constitute failure to achieve or maintain competency, or that otherwise are contrary to the public interest, for which the Authority may assess civil penalties, deny, suspend, or revoke certification.

(e) These rules establish fees to the extent necessary to defray costs of those activities prescribed herein.

Stat. Auth.: ORS 431.920

Stats. Implemented: ORS 431.920

Hist.: HD 5-1996(Temp), f. & cert. ef. 9-30-96; HD 6-1997, f. 4-25-97, cert. ef. 5-1-97; OHD 12-1998, f. & cert. ef. 10-27-98; PH 8-2003, f. & cert. ef. 6-20-03; PH 22-2010(Temp), f. & cert. ef. 9-24-10 thru 3-22-11; Administrative correction 4-25-11; PH 4-2011, f. & cert. ef. 6-16-11

333-069-0015

Definitions

As used in these rules unless otherwise required by context:

(1) “Abatement” means any measure or set of measures designed to permanently eliminate lead-based paint hazards including, but not limited to:

(a) The removal of paint and dust, the permanent enclosure or encapsulation of lead-based paint, the replacement of painted surfaces or fixtures, or the removal or covering of soil, when lead-based paint hazards are present in such paint, dust or soil; and

(b) All preparation, cleanup, disposal, and post-abatement clearance examination activities associated with such measures,

(c) Specifically, abatement includes, but is not limited to:

(A) Projects for which there is a written contract or other documentation, which provides that an individual or firm will be conducting activities in or to a residential dwelling or child-occupied facility that results in permanent elimination of lead-based paint hazards or designed to permanently eliminate lead-based paint hazards and described in subsections (1)(a) and (1)(b) above.

(B) Projects resulting in the permanent elimination of lead-based paint hazards, conducted by certified and licensed firms or individuals, unless such projects are covered under subsection (1)(d) of this definition.

(C) Projects resulting in the permanent elimination of lead-based paint hazards, conducted by certified firms or individuals who, through their company name or promotional literature, represent, advertise, or hold themselves out to be in the business of performing lead-based paint activities, unless such projects are covered under subsection (1)(d) of this section.

(D) Projects resulting in the permanent elimination of lead-based paint hazards that are conducted in response to state or local abatement orders.

(d) Abatement does not include renovation, remodeling, landscaping or other activities, when such activities are not designed to permanently eliminate lead-based paint hazards, but, instead, are designed to repair, restore, or remodel a given structure or dwelling, even though these activities may incidentally result in a reduction or elimination of lead-based paint hazards. Furthermore, abatement does not include interim controls, operations and maintenance activities, or other measures and activities designed to temporarily, but not permanently, reduce lead-based paint hazards.

(2) “Accredited training program” means a training program accredited or provisionally accredited by the Authority, the Environmental Protection Agency (EPA), or an EPA-authorized state or tribal program, to provide training for individuals engaged in lead-based paint activities.

(3) “Arithmetic mean” means the algebraic sum of data values divided by the number of data values (e.g., the sum of the concentration of lead in several soil samples divided by the number of samples).

(4) “Authority” means the Oregon Health Authority.

(5) “Certified” means successful completion of a training program accredited by the Authority, passage of a certification examination administered by the Authority and satisfaction of any other requirements for the appropriate discipline, and submittal and approval of the appropriate application by the Authority for inspection, risk assessment or abatement activities in target housing and child-occupied facilities.

(6) “Certified firm” means a company, partnership, corporation, sole proprietorship, association, or other entity that performs lead-based paint activities to which the Authority has issued a certificate under these rules.

(7) “Chewable surface” means an interior or exterior surface painted with lead-based paint that a young child can mouth or chew. A chewable surface is the same as an accessible surface. Hard metal substrates and other materials that cannot be dented by the bite of a young child are not considered chewable.

(8) “Child-occupied facility” means a building, or a portion of a building, constructed prior to 1978, visited regularly by the same child, under six years of age, on at least two different days within any week (Sunday through Saturday period), provided that each day’s visit lasts at least three hours and the combined weekly visit lasts at least six hours, and the combined annual visits last at least 60 hours. Child-occupied facilities may include, but are not limited to, day-care centers, preschools and kindergarten classrooms.

(9) “Clearance examination” means visual examination and clearance testing performed following abatement of lead-based paint or lead-based paint hazards using documented methodologies as defined in this rule. Such examination shall be performed by a person certified to perform risk assessments or lead-based paint inspections.

(10) “Clearance examination standards” means values that indicate the maximum amount of lead permitted in dust on a surface or in soil following completion of an abatement activity. Standards for lead in dust are 40 micrograms per square foot (µg/ft²) on floors, 250 µg/ft² on interior window sills, and 400 µg/ft² on window troughs. The values for lead in soil are 400 parts per million (ppm) in play areas and 1,200 ppm in the remainder of the yard.

(11) “Common area” means a portion of a building that is generally accessible to all occupants that may include, but that is not limited to, hallways, stairways, laundry and recreational rooms, playgrounds, community centers, garages, and boundary fences.

(12) “Common area group” means a group of common areas that are similar in design, construction, and function. Common area groups include, but are not limited to hallways, stairwells, and laundry rooms.

(13) “Component” means an architectural element of a dwelling unit or common area identified by type and location, such as a bedroom wall, an exterior window sill, a baseboard in a living room, a kitchen floor, an interior window sill in a bathroom, a porch floor, stair treads in a common stairwell, or an exterior wall.

(14) “Concentration” means the relative content of a specific substance contained within a larger mass, such as the amount of lead (in micrograms per gram or parts per million by weight) in a sample of dust or soil.

(15) “Contact hour” means 60 minutes of lead-based paint related training, which may include a break of not more than 10 minutes.

(16) “Containment” means a process or arrangement of materials to protect workers and the environment by controlling exposure to the lead-contaminated dust and debris created during an abatement.

(17) “Course completion date” means the final date of classroom instruction and/or student examination of an accredited lead-based paint training course.

(18) “Course completion certificate” means documentation issued by an accredited training program to an individual as proof of successful completion of an Authority-accredited lead-based paint training course.

(19) “Critical barrier” means a containment structure that allows for the passage of persons or materials.

(20) “Demonstration testing” means the observation and scoring of a student’s job task and equipment use skills taught during a course or continuing education instruction.

(21) “Deteriorated paint” means any interior or exterior paint or other coating that is peeling, chipping, chalking or cracking, or any paint or coating located on an interior or exterior surface or fixture that is otherwise damaged or separated from the substrate.

(22) “Discipline” means a specific type or category of lead-based paint activity.

(23) “Distinct painting history” means the application history, as indicated by the visual appearance or a record of application, over time, of paint or other surface coatings to a component or room.

(24) “Documented methodologies” are written methods or protocols used to sample for the presence of lead in paint, dust, and soil as recommended in U.S. Department of Housing and Urban Development (HUD) “Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing”, and “EPA’s Residential Sampling for Lead: Protocols for Dust and Soil Sampling”.

(25) “Dripline” means the area within three feet surrounding the perimeter of a building.

(26) “Dust-lead hazard” means surface dust in a residential dwelling or child-occupied facility that contains a mass-per-area concentration of lead equal to or exceeding 40 µg/ft² on floors, 250 µg/ft² on interior window sills, or 400 µg/ft² based on wipe samples.

(27) “Emergency” means a situation in which failure to act promptly would likely result in immediate harm to persons or property.

(28) “Emergency lead-based paint abatement activities” means activities required in response to an elevated blood lead level determination, or federal, state, tribal or local emergency abatement order, or operations necessitated by non-routine failures of equipment, that were not planned but result from a sudden, unexpected event that, if not immediately attended to, presents a safety or public health hazard, or threatens equipment and/or property with significant damage.

(29) “Firm” means a sole proprietorship, corporation, association, partnership, or joint stock company.

(30) “Friction surface” means an interior or exterior surface that is subject to abrasion or friction, including, but not limited to, certain window, floor, and stair surfaces.

(31) “Hands-on training” means training during which students practice skills that they will be expected to perform at the worksite.

(32) “Impact surface” means an interior or exterior surface that is subject to damage by repeated sudden force such as certain parts of door frames.

(33) “Inspection” means a surface-by-surface investigation to determine the presence of lead-based paint and the provision of a report, in writing, explaining the results of the investigation.

(34) “Inspector” means an individual who is certified by the Authority and licensed by the Construction Contractors Board (CCB), except where exempt by these rules, to conduct in target housing and child-occupied facilities a surface-by-surface investigation to determine the presence of lead-based paint and the provision of a report, in writing; and conduct clearance procedures in accordance with OAR 333-069-0070. An inspector may also collect dust and soil samples and perform clearance examinations. An inspector may cite the applicable standard for the medium being sampled, but may not evaluate the results or assess risk.

(35) “Interior window sill” means the portion of the horizontal window ledge that protrudes into the interior of the room.

(36) “Job tasks” mean the specific activities performed in the context of work.

(37) “Lead-based paint” means paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram per square centimeter or 0.5 percent by weight.

(38) “Lead-based paint activities” means, in the case of target housing and child-occupied facilities, inspection, risk-assessment, and abatement.

(39) “Lead-based paint hazard” means any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces or impact surfaces that would result in adverse human health effects.

(40) “Lead hazard standard” means the amount of lead the Authority considers to be a hazard in target housing or child-occupied facilities. The standards for lead in dust are 40 micrograms per square foot (µg/ft²) on floors, 250 µg/ft² on interior window sills, and 400 µg/ft² on window troughs. The standards for lead in soil are 400 parts per million (ppm) in play areas and 1,200 ppm in the remainder of the yard.

(41) “Licensed” means a person or firm who has been certified by the Authority in one or more disciplines and is licensed by the CCB.

(42) “Loading” means the quantity of specific substance present per unit of surface area, such as the amount of lead in micrograms contained in the dust collected from a certain surface area divided by the surface area in square feet or square meters.

(43) “Multi-family housing” means a housing property consisting of more than four dwelling units.

(44) “Notice of noncompliance” is a description, in writing, of activities conducted in violation of these rules observed or documented by the Authority, and of requirements for corrective action.

(45) “Paint in poor condition” means more than 10 square feet of deteriorated paint on exterior components with large surface areas; or more than two square feet of deteriorated paint on interior components with large surface areas (e.g., walls, ceilings, floors, doors); or more than 10 percent of the total surface area of the component is deteriorated on interior or exterior components with small surface areas (window sills, baseboards, soffits, trim).

(46) “Paint-lead hazard” means any of the following:

(a) Any lead-based paint on a friction surface that is subject to abrasion and where the lead dust levels on the nearest horizontal surface underneath the friction surface (e.g., the window sill, or floor) are equal to or greater than the dust-lead hazard levels identified in these rules.

(b) Any damaged or otherwise deteriorated lead-based paint on an impact surface that is caused by impact from a related building component (such as a door knob that knocks into a wall or a door that knocks against its door frame).

(c) Any chewable lead-based painted surface on which there is evidence of teeth marks.

(d) Any other deteriorated lead-based paint in any residential building or child-occupied facility or on the exterior of any residential building or child-occupied facility.

(47) “Permit” means a written authorization obtained from the Authority without which a painter may not remove or stabilize paint on target housing or pre-1978 child-occupied facilities.

(48) “Permanent” means having an expected design life of 20 years.

(49) “Permanently covered soil” means soil which has been separated from human contact by the placement of a barrier consisting of solid, relatively impermeable materials, such as pavement or concrete. Grass, mulch, and other landscaping materials are not considered permanent covering.

(50) “Person” means an individual.

(51) “Play area” means an area of frequent soil contact by children under six years of age as indicated by, but not limited to, such factors including the following: the presence of play equipment (e.g., sandboxes, swing sets, and sliding boards), toys, or other children’s possessions, observations of play patterns, or information provided by parents, residents, care givers, or property owners.

(52) “Preliminary clearance” means clearance of interior living areas according to which an inspector or risk assessor determines that residual lead levels (as determined by laboratory analysis) do not exceed clearance examination standards.

(53) “Project designer” means an individual who is certified by the Authority and licensed by the CCB to interpret lead inspection or risk assessment reports and to develop plans, specifications, and project procedures for lead abatement projects in target housing and child-occupied facilities, including occupant notification and protection, clean-up and clearance, and abatement reports.

(54) “Public agency” means an entity that functions as part of a governmental body or organization at the local, state, or federal level.

(55) “Refresher training course” means a minimum seven hour training program accredited by the Authority to update an individual’s knowledge and skills so that he/she can effectively and safely continue to practice in the field.

(56) “Residential building” means a building containing one or more residential dwellings.

(57) “Residential dwelling” means:

(a) A detached single family dwelling unit, including attached structures such as porches and stoops; or

(b) A single family dwelling unit in a structure that contains more than one separate residential dwelling unit, which is used or occupied, or intended to be occupied, in whole or in part, as the home or residence of one or more persons.

(58) “Risk assessment” means an on-site investigation to determine the existence, nature, severity, and location of lead-based paint hazards, and the provision of a report by the individual or the firm conducting the risk assessment, explaining the results of the investigation and options for reducing lead-based paint hazards.

(59) “Risk assessor” means an individual who is certified by the Authority and licensed by the CCB, unless where exempt by the rules, to conduct in target housing and child-occupied facilities on-site investigation to determine the existence, nature, severity, and location of lead-based paint hazards, and to provide a report explaining the results of the investigation and options for reducing lead-based paint hazards; and who may conduct a lead-hazard screen, in accordance with OAR 333-069-0070.

(60) “Room” means a separate part of the inside of a building, such as a bedroom, living room, dining room, kitchen, bathroom, laundry room, or utility room. To be considered a separate room, the room must be separated from adjoining rooms by built-in walls or archways that extend at least six inches from an intersecting wall. Half walls or bookcases count as room separators if built-in. Movable or collapsible partitions or partitions consisting solely of shelves or cabinets are not considered built-in walls. A screened in porch that is used as a living area is a room.

(61) “Sample quality control” means a plan or design which ensures the authenticity, integrity, and accuracy of samples, including dust, soil, and paint chip or film samples. Sample quality control also includes provisions for representative sampling and control samples.

(62) “Scope of work” means a written description of all of the abatement activities to be conducted at a specific abatement project site.

(63) “Soil-lead hazard” means bare soil on residential real property or on the property of a child-occupied facility that contains total lead equal to or exceeding 400 ppm in a play area or average of 1,200 ppm of bare soil in the remainder of the yard based on soil samples.

(64) “Soil sample” means a sample collected in a representative location using American Society for Testing Materials (ASTM) E1727, ‘’Standard Practice for Field Collection of Soil Samples for Lead Determination by Atomic Spectrometry Techniques,’’ or equivalent method.

(65) “Supervisor” means an individual who is certified by the Authority and licensed by the CCB to either conduct or oversee and direct the work-site conduct of lead-based paint abatement and clearance activities in target housing and child-occupied facilities, and to prepare occupant protection plans and abatement reports in accordance with OAR 333-069-0070.

(66) “Target housing” means any housing constructed prior to 1978, except housing for the elderly or persons with disabilities (unless any one or more children under six years of age resides or is expected to reside in such housing for the elderly or persons with disabilities) or any zero-bedroom dwelling.

(67) “These rules” means OAR 333-069-0005 through 333-069-0090.

(68) “Weighted arithmetic mean” means the arithmetic mean of sample results weighted by the number of subsamples in each sample. Its purpose is to give influence to a sample relative to the surface area it represents. A single surface sample is comprised of a single subsample. A composite sample may contain from two to four subsamples of the same area as each other and of each single surface sample in the composite. The weighted arithmetic mean is obtained by summing, for all samples, the product of the sample’s result multiplied by the number of subsamples in the sample, and dividing the sum by the total number of subsamples contained in all samples. For example the weighted arithmetic mean of a single surface sample containing 60 µg/ft², a composite sample (three subsamples) containing 100 µg/ft² , and a composite sample (4 subsamples) containing 110 mg/ft² is 100 µg/ft² . This result is based on the equation [60+(3*100) + (4*110)]/(1+3+4).

(69) “Window trough” means for a typical double-hung window, the portion of the exterior window sill between the interior window sill (or stool) and the frame of the storm window. If there is no storm window, the window trough is the area that receives both the upper and lower window sashes when they are both lowered. The window trough is sometimes referred to as the window ‘’well’’.

(70) “Wipe sample” means a sample collected by wiping a representative surface of known area, as determined by ASTM E 1728, ‘’Standard Practice for Field Collection of Settled Dust Samples Using Wipe Sampling Methods for Lead Determination by Atomic Spectrometry Techniques, or equivalent method, with an acceptable wipe material as defined in ASTM E 1792, ‘’Standard Specification for Wipe Sampling Materials for Lead in Surface Dust.’’

(71) “Worker” means an individual who is certified by the Authority and licensed by the CCB to conduct lead-based paint abatement activities in target housing and child-occupied facilities in accordance with OAR 333-069-0070.

Stat. Auth.: ORS 431.920

Stats. Implemented: ORS 431.920

Hist.: HD 5-1996(Temp), f. & cert. ef. 9-30-96; HD 6-1997, f. 4-25-97, cert. ef. 5-1-97; OHD 12-1998, f. & cert. ef. 10-27-98; OHD 11-2000, f. & cert. ef. 12-8-00; OHD 4-2001(Temp) f. & cert. ef. 4-10-01 thru 10-5-01; OHD 25-2001, f. & cert. ef. 11-15-01; PH 8-2003, f. & cert. ef. 6-20-03; PH 22-2010(Temp), f. & cert. ef. 9-24-10 thru 3-22-11; Administrative correction 4-25-11; PH 4-2011, f. & cert. ef. 6-16-11

333-069-0020

Certification Required

(1) No person, firm, or public agency shall offer to perform or perform lead-based paint inspection, risk assessment, or abatement activities in target housing or child-occupied facilities without first receiving certification from the Authority and a license from the CCB, except if such a person, firm, or public agency is exempt from CCB licensing requirements.

(2) All certificates to perform lead-based paint activities shall expire on June 30, and are renewable upon meeting all of the requirements as determined by the Authority.

(3) Certified persons or firms conducting lead-based paint activities shall comply with the work practice standards for performing lead-based paint activities as prescribed in these rules. Painters shall follow the work practices described on the Permit application.

(4) It shall be considered a violation of these rules and the CCB regulations for any person to conduct any of the lead-based paint activities described in these rules unless the individual has received certification from the Authority and licensure from the CCB, except if such a person, is exempt from CCB licensing requirements.

(5) Applicants for inspector, risk assessor, project designer and supervisor shall pass with a score of 70 or more on a certification examination administered by the Authority for each discipline for which certification is desired.

(6) Individuals may take the certification examination no more than three times within six months of the course completion date of the accredited lead-based paint training course.

(7) If an individual applicant does not complete all certification requirements (including passing the certification examination for required disciplines) within six months of the course completion date of the accredited lead-based paint training course, the individual shall successfully complete the appropriate accredited standard or refresher training course before reapplying for certification.

(8) A certificate for an individual will be issued by the Authority in the form of an identification card and a numbered certificate. This card will identify each discipline for which a person is certified and must be available on demand for inspection at all times while conducting inspection, risk assessment, or abatement activities.

(9) A numbered certificate for a certified firm will be issued by the Authority.

(10) A public agency whose employees perform ‘in house’ lead-based paint services need not be a certified firm, but shall furnish the Authority with a letter of compliance certifying the following:

(a) The agency will use only certified individuals of the appropriate discipline to conduct lead-based paint activities as described in these rules;

(b) The agency will follow the standards for conducting lead-based paint activities as prescribed in these rules; and

(c) The agency will maintain records of all such activities per these rules.

(d) The letter of compliance will be signed by an individual authorized to sign on the agency’s behalf.

(e) Any public agency determined by the Authority to be in violation of this exemption shall be subject to the certification requirements of a non-exempt firm.

(11) A firm or public agency that contracts with a certified firm or public agency to provide lead-based paint activities on its behalf need not be certified.

(a) The contracting firm or public agency shall submit to the Authority a letter of compliance stating the following:

(A) The firm or agency will use only certified firms and certified individuals of the appropriate discipline to conduct lead-based paint activities as described in these rules;

(B) The firm or agency will ensure that the standards for conducting lead-based paint activities as prescribed in these rules will be followed; and

(C) The firm or agency will maintain records of all such activities per these rules.

(D) The letter of compliance will be signed by an individual authorized to sign on the firm or the agency’s behalf.

(b) The contracting firm shall submit to the Authority, upon request, a copy of the contract agreement between the contracting firm and the certified firm or firms.

(12) Employees or agents of regulatory agencies are exempt from these rules if:

(a) Those employees or agents are acting in a regulatory capacity;

(b) They are carrying out activities within the scope of the agency’s regulatory authority; and

(c) They have been trained in a manner consistent with the public and environmental health objectives of these rules.

Stat. Auth.: ORS 431.920

Stats. Implemented: ORS 431.920

Hist.: HD 5-1996(Temp), f. & cert. ef. 9-30-96; HD 6-1997, f. 4-25-97, cert. ef. 5-1-97; OHD 12-1998, f. & cert. ef. 10-27-98; PH 8-2003, f. & cert. ef. 6-20-03; PH 22-2010(Temp), f. & cert. ef. 9-24-10 thru 3-22-11; Administrative correction 4-25-11; PH 4-2011, f. & cert. ef. 6-16-11

333-069-0030

Eligibility

(1) Inspector. To qualify, an individual shall complete all elements on the application form and meet the following eligibility requirements:

(a) Successfully complete and receive a course completion certificate from an Authority accredited training program as an inspector;

(b) Pass the certification examination administered by the Authority for an inspector.

(2) Risk assessor. To qualify, an individual shall complete all elements on the application form and meet the following minimum eligibility requirements:

(a) Successfully complete and receive a course completion certificate from an Authority accredited training program as a risk assessor and inspector;

(b) Pass the certification exam administered by the Authority for a risk assessor;

(c) Have completed one of the following education and applicable experience criteria:

(A) Certification as an industrial hygienist, an engineer, a registered architect, certified safety professional, registered sanitarian, or registered environmental health specialist; or

(B) A bachelor’s degree and one year of experience in a related field (e.g. lead, asbestos, environmental remediation work, or construction); or an associates degree and two years experience in a related field (e.g., lead, asbestos, environmental remediation work, or construction); or

(C) A high school diploma (or equivalent), plus at least three years of experience in a related field (e.g. lead, asbestos, environmental remediation work, or construction).

(3) Supervisor. To qualify, an individual shall complete all elements on the application form and meet the following minimum eligibility requirements:

(a) Successfully complete and receive a course completion certificate from an Authority accredited training program as a lead abatement supervisor;

(b) Pass the certification exam administered by the Authority for a supervisor;

(c) Have completed one of the following experience requirements:

(A) One year of experience as a certified lead-based paint abatement worker; or

(B) At least two years of experience in a related field (e.g. lead, asbestos, or environmental remediation work) or in the building trades.

(4) Abatement worker. To qualify, an individual shall complete all elements on the application form and successfully complete and receive a course completion certificate from an Authority accredited training program as a lead abatement worker.

(5) Project designer. To qualify, an individual shall comply with all application requirements and meet the following minimum eligibility requirements:

(a) Successfully complete and receive a course completion certificate from an Authority accredited training program as a lead abatement supervisor and project designer;

(b) Have completed one of the following education and applicable experience criteria:

(A) Bachelor’s degree in engineering, architecture, or a related profession, and one year of experience in building construction and design or a related field; or

(B) Four years of experience in building construction and design or a related field; and

(C) Pass the certification examination administered by the Authority for a project designer.

(6) Applicants for certification may complete a refresher course in the same discipline in satisfaction of the training requirement if no more than one year has passed since the original course was completed and the original course was accredited by the Authority, EPA, or an EPA-authorized state or tribal program.

(7) The Authority may certify an individual who has been certified as an inspector, risk assessor, supervisor, project designer, or abatement worker by the EPA or an EPA-authorized state or tribal program upon receiving evidence that the individual has:

(a) Completed and received a course completion certificate from an accredited training course specific to the position for which the individual has applied and the course is accredited by the EPA or by a state or tribal program authorized by the EPA under 40 CFR 745.234;

(b) Met or exceeded all other eligibility requirements specified in OAR 333-069-0030 specific to the position applied for;

(c) Met all application requirements in OAR 333-069-0040; and

(d) Completed any additional requirements established by the Authority.

(8) Applicants for certification based on certification from another state or tribal program must document to the Authority that they have read and understand the certification and work practice standards as described in these rules.

(9) Certification based on a valid lead-based paint certification issued by the EPA or an EPA-authorized state or tribal program shall be issued with an expiration date not to exceed the date of expiration listed on the certification.

Stat. Auth.: ORS 431.920

Stats. Implemented: ORS 431.920

Hist.: HD 5-1996(Temp), f. & cert. ef. 9-30-96; HD 6-1997, f. 4-25-97, cert. ef. 5-1-97; OHD 12-1998, f. & cert. ef. 10-27-98; PH 8-2003, f. & cert. ef. 6-20-03; PH 4-2011, f. & cert. ef. 6-16-11

333-069-0040

Application Requirements

(1) No person, firm or public agency shall conduct lead-based paint activities in or on target housing or child-occupied facilities without first applying to the Authority for and receiving certification to conduct such activities.

(2) Applications for certification or permit shall be accompanied with a check or money order made out to the ‘Oregon Health Authority’ in the amount as described in OAR 333-069-0090.

(3) Applications for a person shall be submitted on forms prescribed by the Authority and shall be accompanied, as appropriate, by:

(a) Documentation of applicant’s training, experience, and education including:

(A) Lead-based paint training course completion certificate issued by an Authority-accredited training program.

(B) Documentation of experience must include name and address of employer, name and telephone number of supervisor; or indicate if self-employed. Documentation must also include employment dates, description of specific duties performed, estimated percentage of time associated with conducting inspections and assessing health, safety or environmental hazards. This documentation must be signed by supervisor or employer verifying, under penalty of perjury, that the information is true and correct. A self-employed individual must submit a notarized affidavit attesting to the work experience claimed for the purposes of application.

(C) Evidence of completion of educational requirements under OAR 333-069-0030, such as a transcript or diploma, if applicable.

(b) Two current, passport size photos.

(c) Applicant’s name, printed or typed, date, and signature, verifying, under penalty of perjury, that all information submitted is true and correct.

(4) Applications for a certification or permit shall be submitted on forms prescribed by the Authority. Application materials can be obtained from the Authority’s website.

(5) Applications for certification of a firm shall be accompanied by a letter of compliance certifying the following:

(a) The firm will employ only certified employees of the appropriate discipline to conduct lead-based paint activities as prescribed in these rules.

(b) The firm will follow the standards for conducting lead-based paint activities as prescribed in these rules.

(c) The firm shall maintain all records pursuant to these rules.

(d) The letter of compliance shall be signed by an officer of the firm, or an individual authorized to sign on the firm’s behalf.

(6) Certified individuals, firms and permit holders shall notify the Authority within 30 calendar days of any change to the current application.

(7) For the purposes of application, photocopies of original documents are acceptable.

Stat. Auth.: ORS 431.920

Stats. Implemented: ORS 431.920

Hist.: HD 5-1996(Temp), f. & cert. ef. 9-30-96; HD 6-1997, f. 4-25-97, cert. ef. 5-1-97; Administrative correction 8-25-97; OHD 12-1998, f. & cert. ef. 10-27-98; PH 8-2003, f. & cert. ef. 6-20-03; PH 22-2010(Temp), f. & cert. ef. 9-24-10 thru 3-22-11; Administrative correction 4-25-11; PH 4-2011, f. & cert. ef. 6-16-11

333-069-0050

Renewal and Recertification

(1) To maintain a permit or certification in a particular discipline, application for recertification shall be made annually to the Authority. Applicants shall submit completed application forms available from the Authority, postmarked 60 days or more before the date the current certification expires, and shall pay the appropriate fee per OAR 333-069-0090.

(2) Recertification is required for individuals by June 30, no more than three years after the issue date of an original certification or recertification, whichever is most recent. To obtain recertification, an individual shall fulfill the following:

(a) Submit to the Authority an application for recertification that shall include two current passport-size photos and the appropriate fee per OAR 333-069-0090; and

(b) Submit to the Authority a copy of the course completion certificate from an accredited lead-based paint standard or refresher training course in the appropriate discipline.

(3) An individual whose Authority certification has been expired for more than six months must complete a standard or refresher course in that discipline and pass a qualifying examination administered by the Authority. An individual whose Authority certification has been expired for more than one year shall successfully complete a standard course in that discipline and pass a qualifying examination administered by the Authority.

Stat. Auth.: ORS 431.920

Stats. Implemented: ORS 431.920

Hist.: HD 5-1996(Temp), f. & cert. ef. 9-30-96; HD 6-1997, f. 4-25-97, cert. ef. 5-1-97; OHD 12-1998, f. & cert. ef. 10-27-98; PH 8-2003, f. & cert. ef. 6-20-03; PH 22-2010(Temp), f. & cert. ef. 9-24-10 thru 3-22-11; Administrative correction 4-25-11; PH 4-2011, f. & cert. ef. 6-16-11

333-069-0060

Certification Procedures

(1) The Authority shall inform the applicant, in writing, when his/her application is granted, denied or incomplete and of the additional information and/or documentation that is required to complete the application.

(a) If granted, a certificate shall be mailed to the applicant and the effective date shall be the issuance date of certification or recertification.

(b) A unique certification number will be assigned to each certificate holder.

(c) If an application is denied, the Authority shall state, in writing, the reasons for denial.

(d) An application may be withdrawn at any time by written request to the Authority.

(2) The Authority may take into consideration various factors in determining whether to grant or deny a permit or certification including, but not limited to:

(a) Failure to satisfy eligibility requirements for certification;

(b) Failure to satisfy training requirements;

(c) Failure to provide required documentation or information requested by the Authority;

(d) History of citations or violations of existing regulations or standards;

(e) History of revocation of a certificate;

(f) Making false or misleading statements in the application.

(3) Certification and permits shall be non-transferable.

(4) All certifications and permits shall expire on June 30.

Stat. Auth.: ORS 431.920

Stats. Implemented: ORS 431.920

Hist.: HD 6-1997, f. 4-25-97, cert. ef. 5-1-97; OHD 12-1998, f. & cert. ef. 10-27-98; PH 8-2003, f. & cert. ef. 6-20-03; PH 22-2010(Temp), f. & cert. ef. 9-24-10 thru 3-22-11; Administrative correction 4-25-11; PH 4-2011, f. & cert. ef. 6-16-11

333-069-0070

Work Practice Standards

(1) When performing any lead-based paint activity described by a certified and licensed individual as an inspection, lead hazard screen, risk assessment or abatement, a certified and licensed person must perform that activity in compliance with these rules, documented methodologies, procedures and work practice standards.

(2) Inspection. An inspection shall be conducted only by a person certified by the Authority and licensed by the CCB as an inspector or risk assessor. Persons exempt from CCB licensing requirements shall be certified by the Authority. Employees of public agencies who conduct ‘in-house’ lead-based paint activities are exempt from licensing by the CCB.

(a) Locations shall be selected according to documented methodologies and tested for the presence of lead as follows:

(A) In target housing and child-occupied facilities, each component with a distinct painting history shall be tested, except those components determined to have been replaced after 1978 or to not contain lead-based paint; and

(B) In a multi-family dwelling or child-occupied facility, each component with a distinct painting history in every common area shall be tested, except those components determined to have been replaced after 1978 or to not contain lead-based paint.

(b) Paint shall be tested for the presence of lead using documented methodologies which incorporate sampling quality control procedures and all paint chip, dust, and soil samples shall be analyzed for detectable levels of lead by a laboratory accredited under the National Lead Laboratory Accreditation Program.

(c) Inspection reports shall be prepared and include at least:

(A) Inspection date;

(B) Building address;

(C) Date of construction;

(D) Apartment identification (numbers, letters, names if applicable);

(E) Name, address and telephone number of owner or owners of each unit;

(F) Name, signature, and certification number of each inspector and/or risk assessor conducting testing;

(G) Name, address and telephone number of the certified firm employing each inspector and/or risk assessor;

(H) Each testing method and device and/or sampling procedure employed for paint analysis, including sample quality control data, and if used, the serial number of any X-ray fluorescence (XRF) device; and

(I) Specific locations of each painted component tested and the results of the inspection expressed in appropriate units for the sampling method used.

(3) Lead hazard screen. A lead hazard screen shall be conducted only by a person certified by the Authority and licensed by the CCB as a risk assessor, except if such a person, is exempt from CCB licensing requirements, and shall be conducted as follows:

(a) Background information shall be collected about the physical characteristics of the target housing or child-occupied facility and occupant use patterns that may cause lead-based paint exposure to one or more children under six years of age.

(b) A visual inspection shall be conducted to determine the presence of any deteriorated paint and locate at least two dust sampling locations.

(c) If deteriorated paint is present, each deteriorated paint surface determined, using documented methodologies, to be in poor condition and to have a distinct painting history shall be tested for the presence of lead.

(d) In residential dwellings, two composite dust samples shall be collected, one from the floors and the other from the windows, in rooms, hallways or stairwells where one or more children under six years of age are likely to come in contact with dust.

(e) In multi-family dwellings and child-occupied facilities, floor and window composite dust sampling shall be conducted as specified in OAR 333-069-0070(3)(d). In addition, composite dust samples shall be collected in common areas where one or more children under six years of age are likely to come in contact with dust.

(f) All dust samples shall be collected using documented methodologies that incorporate sample quality control procedures and analyzed by a laboratory accredited under the National Lead Laboratory Accreditation Program to determine detectable lead.

(g) A lead hazard screen report shall be prepared by the risk assessor and include:

(A) Information in a risk assessment report as specified in section (4) of this rule, including paragraphs (4)(i)(A) through (4)(i)(N) and excluding paragraphs (4)(i)(O) through (4)(i)(R) of this rule. Additionally, any background information collected pursuant to the lead hazard screen shall be included.

(B) Any recommendations for follow-up risk assessment and other further actions.

(4) Risk assessment. A risk assessment of target housing or child-occupied facility shall be conducted only by a person certified by the Authority and licensed by the CCB as a risk assessor. Persons exempt from CCB licensing requirements shall be certified by the Authority. Employees of public agencies who conduct ‘in-house’ lead-based paint activities are exempt from licensing by the CCB. A risk assessment shall be conducted as follows:

(a) A visual inspection shall be conducted to locate the existence of deteriorated paint, assess the extent and cause of deterioration, and other potential lead-based hazards.

(b) Background information shall be collected regarding the physical characteristics and occupant use patterns that may cause lead-based paint exposure to one or more children under six years of age.

(c) The following surfaces which are determined, using documented methodologies, to have a distinct painting history, shall be tested for the presence of lead:

(A) Each friction surface or impact surface with visibly deteriorated paint.

(B) All other surfaces with visibly deteriorated paint.

(d) In residential dwellings, dust samples (either composite or single-surface samples) from the interior window sill(s) and floor shall be collected and analyzed for lead concentration in all living areas where one or more children under six years of age are most likely to come in contact with dust.

(e) For multi-family dwellings and child-occupied facilities, the samples required in subsection (4)(d) of this rule shall be taken. In addition, interior window sill and floor dust samples (either composite or single-surface samples) shall be collected and analyzed for lead concentration in the following locations:

(A) Common areas adjacent to sampled target house or child-occupied facility; and

(B) Other common areas in the building where the risk assessor determines that one or more children under six years of age are likely to come in contact with dust.

(f) For child-occupied facilities, interior window sill and floor dust samples (either composite or single-surface samples) shall be collected and analyzed in each room, hallway or stairwell utilized by one or more children under six years of age, and in other common areas in the child-occupied facility where the risk assessor determines one or more children under six years of age are likely to come in contact with dust.

(g) Soil samples shall be collected and analyzed for lead concentrations from the following locations:

(A) Exterior play areas where bare soil is present; and

(B) The remainder of the yard (i.e., non-play areas) where bare soil is present.

(h) Any paint, dust or soil sampling or testing shall be conducted using documented methodologies that incorporate sample quality control procedures and analyzed by a laboratory accredited under the National Lead Laboratory Accreditation Program to determine detectable lead.

(i) The certified risk assessor shall prepare a risk assessment report which shall include at a minimum the following information:

(A) Assessment date;

(B) Address of each building;

(C) Date of construction of buildings;

(D) Apartment identification (numbers, letters, names if applicable);

(E) Name, address and telephone number of each owner of each building;

(F) Name, signature, and certification number of each risk assessor conducting the assessment;

(G) Name, address and telephone number of the certified firm employing each risk assessor;

(H) Name, address and telephone number of each laboratory conducting analysis of collected samples;

(I) Results of the visual inspection;

(J) Testing method and sampling procedure employed for paint analysis;

(K) Specific locations of each painted component tested for the presence of lead;

(L) All data collected from on-site testing, including quality control data, and if used, the serial number of any X-ray fluorescence (XRF) device;

(M) All results of laboratory analysis on collected paint, soil, and dust samples;

(N) Any other sampling results;

(O) Any background information collected pursuant to subsection (4)(b) of this rule;

(P) To the extent used as part of the lead-based paint hazard determination, the results of any previous inspections or analyses for the presence of lead-based paint, or other assessments of lead-based paint related hazards;

(Q) A description of the location, type, and severity of identified lead-based paint hazards and any other potential lead hazards; and

(R) A description of interim controls and/or abatement options for each identified lead-based paint hazard and a recommended prioritization for addressing each hazard. If the use of an encapsulant or enclosure is recommended, the report shall recommend a maintenance and monitoring schedule for the encapsulant or enclosure.

(5) Abatement. An abatement shall be conducted only by a person certified by the Authority and licensed by the CCB. Persons exempt from CCB licensing requirements shall be certified by the Authority. Employees of public agencies who conduct ‘in-house’ lead-based paint activities are exempt from licensing by the CCB. Abatement shall be conducted as follows:

(a) A certified and licensed supervisor or project designer is required for each abatement project and shall be onsite during all work site preparation and during post-abatement cleanup of work areas. At all other times, the certified supervisor or project designer shall be onsite or available by telephone, pager, or answering service, and be able to be present at the work site in no more than two hours.

(b) A certified and licensed project designer is required for each abatement project that:

(A) Consists of 10 or more target housing units built prior to 1960;

(B) Consists of 20 or more target housing units built during or after 1960; or

(C) Consists of 25,000 square feet or more of target housing.

(c) The certified and licensed supervisor or project designer, as well as, the certified and licensed firm employing that supervisor shall ensure that all abatement activities are conducted according to the requirements of these rules and all federal, state and local requirements.

(d) A certified and licensed project designer may replace and assume the responsibilities of a certified and licensed supervisor required for an abatement project. If a certified and licensed project designer provides supervision on an abatement project, the project designer shall be responsible for preparing the occupant protection plan and the abatement report.

(e) Any firm or individual conducting lead-based paint abatement activities in target housing or child-occupied facilities must notify the Authority at least seven business days before the start date of the project by completing and submitting a notice of abatement form available from the Authority.

(A) The notice of abatement shall specify the time of day that abatement activities will start and the date on which abatement activities will be completed.

(B) Amendments to or cancellations of the original notice of abatement, including completion-date changes must be submitted 24 hours prior to the original start date.

(C) In the event of an emergency, an original or amended notice of abatement describing the emergency must be submitted. Notification for lead-based paint abatement activities required in response to an elevated blood lead level (EBLL) determination, or federal, state, tribal, or local emergency abatement order should be received by the Authority as early as possible before, but must be received no later than the start date of the lead-based paint abatement activities. Should the start date and/or location provided to the Authority change, an updated notification must be received by the Authority on or before the start date provided in the notice of abatement to the Authority. Documentation showing evidence of an EBLL determination or a copy of the federal, state, tribal, or local emergency abatement order must be included in the written notification to take advantage of this abbreviated notification period.

(D) A request for waiver of the seven-business day advance notice requirement must be submitted in writing and granted in writing by the Authority before work under the waiver can start.

(E) The Authority may reject a notice of abatement form that has not been completed in full and signed by the applicant.

(f) A written occupant protection plan shall be developed prior to all abatement projects, be prepared by a certified and licensed supervisor or project designer, be unique to each target housing or child-occupied facility, describe the measures and management procedures that will be taken during the abatement to protect the building occupants from exposure to any lead-based paint hazards. The written occupant protection plan shall be present at the project site and must be made available on demand for inspection.

(g) A scope of work for the abatement project shall be present at the project site and must be made available on demand for inspection.

(h) These work practices shall be restricted during abatement:

(A) Open-flame burning or torching of lead-based paint is prohibited;

(B) Uncontained hydro blasting or high-pressure washing of lead-based paint is prohibited;

(C) Machine sanding or grinding or abrasive blasting or sandblasting of lead-based paint is prohibited unless used with High Efficiency Particulate Air (HEPA) exhaust control which removes particles of 0.3 microns or larger from the air at 99.97 percent or greater efficiency;

(D) Dry scraping of lead-based paint is permitted only in conjunction with heat guns or around electrical outlets or when treating defective paint spots totaling no more than two square feet in any room, hallway or stairwell or totaling no more than 20 square feet on exterior surfaces; and

(E) Operating a heat gun on lead-based paint is permitted only at temperatures below 1100 degrees Fahrenheit.

(i) When soil abatement is conducted:

(A) If the soil is removed:

(i) The soil shall be replaced by soil with a lead concentration as close to local background as practicable, but no greater than 400 ppm.

(ii) The soil that is removed shall not be used as top soil at another residential property or child-occupied facility.

(B) If the soil is not removed, the soil shall be permanently covered as defined in these rules.

(j) The following clearance procedures shall be performed only by a certified and licensed inspector or risk assessor and according to the following procedures:

(A) A visual inspection shall be performed to determine if deteriorated painted surfaces and/or visible amounts of dust, debris or residue are still present. If deteriorated painted surfaces or visible amounts of dust, debris or residue are present, these conditions must be eliminated prior to the continuation of the clearance procedures.

(B) If exterior work on a project cannot be completed due to inclement weather or other factors, the project supervisor may apply in writing to the Authority for authorization of a preliminary clearance.

(i) The application must include the following:

(I) The project address;

(II) The name and certification number of the abatement project supervisor or project designer;

(III) A description of the conditions that justify issuance of a waiver;

(IV) A description of the abatement work that remains to be done on the project;

(V) A schedule for completion of the abatement work that remains to be done; and

(VI) A plan for monitoring and controlling potential lead-based paint contamination until work can be completed.

(ii) At the conclusion of all work on a project for which preliminary clearance examination has been authorized, the project supervisor shall present the Authority with documentation that clearance testing has been performed on exterior and interior areas according to these rules and that all results are below clearance examination standards.

(C) Following the visual inspection and any post-abatement clean up required by paragraph (5)(j)(A) of this rule, clearance testing for lead in dust and/or soil shall be conducted. Clearance testing may be conducted by employing single-surface sampling techniques.

(D) Clearance testing shall be performed using documented methodologies that incorporate sample quality control procedures and shall be taken a minimum of one hour after completion of final cleanup activities.

(E) Post-abatement clearance examination activities shall be conducted based upon the extent or manner of work activities conducted in or on the target housing or child-occupied facility as follows:

(i) After conducting an abatement with containment between containment and non-containment areas, one dust sample shall be taken from one interior window sill and from one window trough (if present) and one dust sample shall be taken from the floors of no less than four rooms, hallways or stairwells within the containment area. In addition, one dust sample shall be taken from the floor outside the containment area. If a room containment consists of more than one critical barrier, one dust sample shall be taken outside each critical barrier. If there are fewer than four rooms, hallways or stairwells within the containment area, then all rooms, hallways or stairwells shall be sampled.

(ii) After conducting an abatement with no containment, two dust samples shall be taken from no fewer than four rooms, hallways or stairwells in the residential dwelling or child-occupied facility. One dust sample shall be taken from one interior window sill and from one window trough (if present) and one dust sample shall be taken from the floor of each room, hallway or stairwell selected. If there are fewer than four rooms, hallways or stairwells within the target housing or child-occupied facility then all rooms, hallways or stairwells shall be sampled.

(iii) Following exterior paint abatement, a visual inspection shall be conducted. All horizontal surfaces in the outdoor living area closest to the abated surfaces shall be found to be cleaned of visible dust and debris. The surfaces shall be recleaned when visible dust and debris is present. The visual inspection shall be conducted to determine the presence of paint chips on the dripline or next to the foundation below any exterior abated surface. Paint chips, if present, shall be removed from the site and disposed of according to federal, state and local requirements.

(F) The rooms, hallways or stairwells selected for sampling shall be selected according to documented methodologies.

(G) The certified and licensed inspector or risk assessor shall compare residual lead levels (as determined by laboratory analysis) from each single surface dust sample with clearance examination standards as defined in these rules for lead in dust on floors and interior window sills, and window troughs, divided by half the number of subsamples in the composite sample. If the residual lead level in a single surface dust sample equals or exceeds the applicable clearance examination standard or if the residual lead level in a composite dust sample equals or exceeds the applicable clearance examination standard divided by half the number of subsamples in the composite sample, the components represented by the failed sample shall be recleaned and retested until clearance examination standards are met.

(k) In a multi-family dwelling with similarly constructed and maintained residential dwellings, random sampling for the purposes of clearance examination may be conducted provided:

(A) The certified individuals who work on or clean the residential dwellings do not know which residential dwelling will be selected for the random sample.

(B) The randomly selected residential dwellings shall be sampled and evaluated according to subsection (5)(j) of this rule.

(C) A sufficient number of residential dwellings are selected for dust sampling to provide a 95 percent level of confidence that no more than five percent or 50 of the residential dwellings (whichever is smaller) in the randomly sampled population exceeds the appropriate clearance examination standards.

(l) An abatement report shall be prepared by a certified and licensed supervisor or project designer and shall include as a minimum the following information:

(A) Start and completion dates of abatement;

(B) The name, address and telephone number of each certified firm conducting the abatement and the name of each supervisor or project designer assigned to the abatement project;

(C) The occupant protection plan;

(D) The name, address and signature of each certified and licensed inspector or risk assessor conducting the clearance examination and the date(s) that the clearance examination was performed;

(E) The results of the clearance examination and all soil analyses and the name of each laboratory conducting analysis of collected samples; and

(F) A detailed written description of the abatement, including abatement methods, location of rooms and/or components where abatement occurred, reason for selecting particular abatement methods for each component, and any suggested monitoring of encapsulants or enclosures.

(m) A clearance examination report shall be prepared by a certified inspector or risk assessor. The clearance examination report shall include the following information:

(A) The property address where the clearance examination occurred;

(B) The abatement cleanup completion date and time;

(C) The date and time of the clearance examination;

(D) Name and certification number of each inspector or risk assessor conducting the clearance;

(E) The signature of the inspector or risk assessor conducting the clearance;

(F) Name, address, telephone number, and certification number of the certified firm employing the inspector or risk assessor;

(G) Results of the visual inspection;

(H) Identification of containment or non-containment applications;

(I) Identification of location(s) where the clearance examination sample(s) were collected;

(J) Name, address, and telephone number of the laboratory analyzing the collected samples;

(K) All results of laboratory analysis on collected samples, including quality control results; and

(L) Documented methodology used for sampling.

(6) Sampling. Any paint chip, dust, or soil samples collected pursuant to these work practice standards shall be collected by a certified and licensed inspector or risk assessor. Persons exempt from CCB licensing requirements shall be certified by the Authority. Employees of public agencies who conduct ‘in-house’ lead-based paint activities are exempt from licensing by the CCB. Such samples shall be analyzed by a laboratory accredited under the National Lead Laboratory Accreditation Program.

(7) Composite sample. Composite dust sampling may only be conducted when conducting a lead hazard screen, risk assessment, or post abatement activities. If conducted, the composite dust samples shall consist of at least two subsamples, every component that is being tested shall be included in the sampling, and shall not consist of subsamples from more than one type of component.

(8) Reports or plans. All lead-based paint activity reports or plans shall be maintained by the certified firm or individual who prepared the report for no fewer than three years and six months. Also, the certified firm or individual shall provide copies of these reports to the building owner or client who contracted for the services, unless otherwise specified by contract, within 30 days of the lead-based paint activity, or within 15 days if a child under six years of age with a confirmed EBLL ≥10 µg/dL is an occupant of the building.

(9) Certified individuals and firms shall, upon request, make available to the Authority records and documents regarding regulated lead-based paint activities so that the Authority may inspect said records and documents for the purposes of monitoring compliance with these rules. The Authority shall respect the proprietary nature of business records.

(10) Signage. Every work site where lead-based paint abatement is being conducted shall bear signage warning of lead-based paint hazards.

(a) The text on warning signage shall warn of “Lead-Based Paint Hazards” and be readable from 30 feet.

(b) If the Authority determines that a paint-lead hazard, dust-lead hazard, or soil-lead hazard exists at target housing or pre-1978 child-occupied facilities, the Authority shall post signage to that effect on the building exterior in one or more visible locations.

(c) Signage posted by the Authority warning of lead hazards must remain in place until the lead hazard or hazards determined by the Authority have been remediated per clearance examination standards.

(11) Determinations.

(a) Lead-based paint is present:

(A) On any surface that is tested and found to contain lead equal to or in excess of 1.0 milligrams per square centimeter or equal to or in excess of 0.5 percent by weight; and

(B) On any surface similar to a surface tested in the same room equivalent that has a similar painting history and is found to be lead-based paint.

(b) A paint-lead hazard is present:

(A) On any friction surface that is subject to abrasion and where the lead dust levels on the nearest horizontal surface (e.g., the window sill or floor) are equal to or greater than the dust hazard levels identified in OAR 333-069-0015(9);

(B) On any chewable lead-based paint surface on which there is evidence of teeth marks;

(C) Where there is any damaged or otherwise deteriorated lead-based paint on an impact surface that is caused by impact from a related building component (such as a door knob that knocks into a wall or a door that knocks against a door frame); and

(D) If there is any other deteriorated lead-based paint in any residential building or child-occupied facility or on the exterior of any residential building or child-occupied facility.

(c) A dust lead-hazard is present in a residential dwelling or child-occupied facility:

(A) In a residential dwelling on floors and interior window sills when the weighted arithmetic mean lead loading for all surfaces on floors, interior window sills and window troughs is equal to or greater than 40 µg/ft² for floors, 250 µg/ft² for interior window sills, and 400 µg/ft² for window troughs;

(B) On floors or interior window sills in an unsampled residential dwelling in a multi-family dwelling, if a dust-lead hazard is present on floors or interior window wills, respectively, in at least one sampled residential unit on the property; and

(C) On floors or interior window sills in an unsampled common area in a multi-family dwelling, if a dust-lead hazard is present on floors or interior window sills, respectively in at least one sampled common area in the same common area group on the property.

(d) A soil-lead hazard is present in a residential dwelling or child-occupied facility:

(A) In a play area when the soil-lead concentration from a play area sample of bare soil is equal to or greater than 400 ppm; or

(B) When the arithmetic mean lead concentration from a composite sample (or arithmetic mean of composite samples) of bare soil from the remainder of the yard for each residential building on a property is equal to or greater than 1,200 ppm.

Stat. Auth.: ORS 431.920

Stats. Implemented: ORS 431.920

Hist.: HD 6-1997, f. 4-25-97, cert. ef. 5-1-97; OHD 12-1998, f. & cert. ef. 10-27-98; OHD 11-2000, f. & cert. ef. 12-8-00; PH 8-2003, f. & cert. ef. 6-20-03; PH 4-2011, f. & cert. ef. 6-16-11

333-069-0080

Denial, Suspension or Revocation of Certification

(1) The Authority may deny issuance of, suspend, or revoke certification for an individual or a firm for circumstances including but not limited to the following:

(a) Performing work requiring certification at a job site without having a current valid certificate identification card available at the job site for inspection;

(b) Permitting the duplication or use of the individual’s own certificate by another;

(c) Performing work for which appropriate certification has not been received from the Authority;

(d) Having been subject to a final administrative order imposing a civil penalty or a criminal conviction for engaging in a prohibited act under Authority or CCB rules;

(e) Failing to comply with relevant local, state, or federal statutes or regulations including execution of a consent agreement in settlement of an enforcement action;

(f) Failing to comply with work practices and standards set forth in these rules and other generally accepted work practices;

(g) Obtaining certification through fraudulent representation of documentation satisfying eligibility requirements;

(h) Failing to renew certification or to recertify in a timely manner;

(i) Gaining admission to and completing education through fraudulent representation of initial or previous education documentation;

(j) Obtaining certification through fraudulent representation of certification requirements such as education, training, professional registration, or experience;

(k) Performing work requiring certification at a job site with individuals who are not certified;

(l) Failing to maintain required records; and

(m) Failing to comply with these rules including execution of a consent agreement in settlement of an enforcement action.

(2) The Authority may deny issuance of, suspend, or revoke certification for an individual for circumstances including but not limited to the following:

(a) Obtaining training documentation through fraudulent means, and/or;

(b) Gaining admission to and completing education through fraudulent representation of initial or previous education documentation.

(3) The Authority may deny issuance of, suspend, or revoke certification for a firm for circumstances including but not limited to the following:

(a) Performing work requiring certification at a job site with individuals who are not certified;

(b) Failing to maintain required records.

(4) Hearings on the denial, suspension or revocation of a certificate shall be conducted as a contested case in accordance with ORS 183.310 through 183.540.

Stat. Auth.: ORS 431.920

Stats. Implemented: ORS 431.920

Hist.: HD 6-1997, f. 4-25-97, cert. ef. 5-1-97; OHD 12-1998, f. & cert. ef. 10-27-98; PH 8-2003, f. & cert. ef. 6-20-03; PH 4-2011, f. & cert. ef. 6-16-11

333-069-0085

Schedule of Penalties

The Authority may assess penalties, not to exceed the actions or amount shown in the following guidelines:

(1) A level one violation includes, but is not limited to, the following violations:

(a) Offering to perform or performing lead-based paint activities without Authority certification and CCB licensing, unless specifically exempted by these rules.

(b) Clearance examination inconsistencies including, but not limited to, the following:

(A) Failure to conduct clearance examination;

(B) Allowing rehabitation before clearance has been achieved;

(C) Allowing rehabitation when lead hazard levels exceed the standard;

(c) The collection of samples as described in these rules by a non-certified individual or firm;

(d) Obtaining certification via fraud or duplication of certification documents;

(e) Conducting lead-based paint activities with a revoked, suspended or expired certification;

(f) Employing uncertified individuals to conduct lead-based paint activities;

(g) Failure to comply with a consent agreement or an administrative order;

(h) Falsification of results of lead-hazard sampling;

(i) Removing paint from target housing or child-occupied facilities without a permit;

(j) Use of prohibited abatement methods.

(2) A level two violation includes, but is not limited to, the following violations:

(a) Failure to comply with prescribed work practice standards;

(b) Improper collection or handling of samples or sampling information collected for an inspection, risk assessment, clearance, or lead-hazard screen;

(c) Failure to use a National Lead Laboratory Accreditation Program laboratory for analysis of samples referred to in subsection (2)(b) of this rule;

(d) Incomplete, missing or late reports;

(e) Failure to provide notice of abatement, or notice given in a manner that obstructs proper oversight;

(f) Failure to provide client with report of lead-based paint activity in a timely manner, as specified for in these rules;

(g) Failure to maintain or to provide for Authority inspection lead-based paint activities reports and documents;

(h) Performance by a certified individual of lead-based paint activity outside of the scope of that individual’s certification;

(3) A level three violation includes, but is not limited to, the following violations:

(a) Conducting lead-based paint activities without a valid certification badge;

(b) Conducting in-house lead-based paint activities by a public agency without having submitted a letter of compliance to the Authority;

(c) Conducting lead-based paint activities that have been contracted for by a non-certified firm or agency, without the firm or agency having submitted a letter of compliance to the Authority;

(d) Conducting lead-based paint abatement without an occupant protection plan;

(4) The penalties for levels one, two and three as described in this rule will be assessed according to the following schedule:

(a) Level one:

(A) First offense: notice of noncompliance and up to $1,000.

(B) Second offense: notice of noncompliance, a fine of up to $3,000 and suspension of certification for up to 90 days.

(C) Third offense: notice of noncompliance, a fine of up to $5000 and either suspension of certification for up to 180 days or revocation of certification.

(b) Level two:

(A) First offense: notice of noncompliance and a fine of up to $500.

(B) Second offense: notice of noncompliance and a fine of up to $2,000.

(C) Third offense: notice of noncompliance, a fine of up to $5,000 and suspension of certification for up to 30 days.

(c) Level three:

(A) First offense: notice of noncompliance.

(B) Second offense: notice of noncompliance and/or a letter of warning.

(C) Third offense: notice of noncompliance and/or a letter of warning and a fine of up to $100.

(5) Violations that are not specifically addressed in sections (1) through (4) of this rule, such as in the case of serial violations of different levels, shall be assessed appropriate penalties by the Authority in accordance with the hazard to public health produced by the activity and the compliance history of the violator.

(6) Removal of signage. It shall be a violation to remove a sign posted by the Authority to warn the public of lead hazards, and such action shall be punishable by a fine of $100 per day.

(7) The Authority may revoke, suspend, or refuse to issue or reissue the certification or permit of any individual or firm who fails to pay on demand a civil penalty that has become due and payable.

(8) Procedures, including a hearing, pursuant to the assessment of a civil penalty shall be conducted according to ORS 183.745.

Stat. Auth.: ORS 431.920, 701.992

Stats. Implemented: ORS 431.920, 701.992

Hist.: PH 8-2003, f. & cert. ef. 6-20-03; PH 22-2010(Temp), f. & cert. ef. 9-24-10 thru 3-22-11; Administrative correction 4-25-11; PH 4-2011, f. & cert. ef. 6-16-11

333-069-0090

Fees

The following fees are established:

(1) Firms shall pay a non-refundable certification or recertification application fee of $85 for a one-year certification.

(2) Inspectors, risk assessors, supervisors, and project designers shall pay a non-refundable certification or recertification fee of $85 for a one year certification.

(3) Workers shall pay a non-refundable certification or recertification fee of $50 for a one-year certification.

(4) The fee for applications for certification received by the Authority between April 1 and June 30 shall be as follows: Worker, $25; all other disciplines, $45.

(5) The application fee for a permit for painting shall be $5.

Stat. Auth.: ORS 431.920

Stats. Implemented: ORS 431.920

Hist.: HD 6-1997, f. 4-25-97, cert. ef. 5-1-97; OHD 12-1998, f. & cert. ef. 10-27-98; PH 8-2003, f. & cert. ef. 6-20-03; PH 22-2010(Temp), f. & cert. ef. 9-24-10 thru 3-22-11; Administrative correction 4-25-11; PH 4-2011, f. & cert. ef. 6-16-11

333-070-0075

Authority, Purpose, Applicability

(1) Authority. These rules are promulgated in accordance with and under the authority of ORS 431.920.

(2) Purpose:

(a) The purpose of these rules is to address Oregon’s need for a qualified and properly trained workforce to perform renovation, repair and painting of target housing and child-occupied facilities, and to safeguard the environment and protect the health of building occupants from lead-based paint hazards.

(b) These rules prescribe the requirements for certification of individuals and firms who perform for compensation renovation, repair and painting in target housing and child occupied facilities.

(c) These rules will establish work practice standards for the performance of renovation, repair and painting activities for certified individuals and certified renovation firms and will require that activities be performed only by certified individuals and certified renovation firms.

(d) These rules prescribe the requirements to ensure that owners and occupants of target housing and child-occupied facilities receive information on lead-based paint hazards before these renovations begin.

(3) Applicability:

(a) These rules apply to all certified individuals and certified renovation firms who perform for compensation renovation, repair and painting activities in target housing and child-occupied facilities as defined in OAR 333-070-0085, except for the following:

(A) Renovations in target housing or child-occupied facilities in which a written determination from a State of Oregon certified lead inspector or risk assessor that the components affected by the renovation are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 milligrams/per square centimeter (mg/cm2) or 0.5 percent by weight.

(B) Renovations in target housing or child-occupied facilities in which a certified renovator tests each component affected by the renovation using an Environmental Protection Agency (EPA) recognized test kit as defined in OAR 333-070-0085. The renovator must follow the kit manufacturer’s instructions. This determines that the components are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 mg/cm2 or 0.5 percent by weight. If the components make up an integrated whole, such as the individual stair treads and risers of a single staircase, the renovator is required to test only one of the individual components, unless the individual components appear to have been repainted or refinished separately.

(b) The information distribution requirements in OAR 333-070-0095 do not apply to emergency renovation operations. Emergency renovations other than interim controls are also exempt from the warning sign, containment, waste handling, training, and certification requirements in OAR 333-070-0105 to the extent necessary to respond to the emergency. Emergency renovations are not exempt from the cleaning requirements of OAR 333-070-0090, which must be performed by certified renovators or individuals trained in accordance with OAR 333-070-0100, the cleaning verification requirements of OAR 333-070-0090, which must be performed by certified renovators, and the recordkeeping requirements of OAR 333-070-0110. Once the immediate emergency is over, lead safe work practices and all the requirements of these rules shall be in effect.

(c) These rules:

(A) Require that renovation, repair and painting activities must be performed by certified renovators and individuals who have on the job training by a certified renovator working for a certified renovation firm.

(B) Prescribe the requirements for, and the manner of, certifying competency of applicants for certification as a certified individual and of the certified renovation firms employing such individuals.

(C) Determine the work practice standards for renovation, repair and painting activities, and those actions or circumstances that constitute failure to achieve or maintain competency, or that otherwise are contrary to the public interest, for which the Authority may deny, suspend, or revoke certification.

(D) Establish the fees to the extent necessary to defray costs of those activities prescribed herein.

(d) A certified renovation firm who is licensed by the Construction Contractors Board (CCB) is not required to be certified by the Authority under these rules, but is subject to the work practice standards in these rules.

Stat. Auth.: ORS 431.920

Stats. Implemented: ORS 431.920 & 431.922

Hist.: PH 8-2010, f. & cert. ef. 4-26-10; PH 23-2010(Temp), f. & cert. ef. 9-24-10 thru 3-22-11; Administrative correction 4-25-11; PH 4-2011, f. & cert. ef. 6-16-11

333-070-0085

Definitions

As used in these rules unless otherwise required by context:

(1) “Accredited training program” means a training program accredited or provisionally accredited by the Authority, EPA, or an EPA-authorized state or tribal program to provide training for individuals engaged in renovation, repair and painting activities.

(2) “Accreditation” means the process whereby the Authority has reviewed and approved a training program’s written application with associated materials for accreditation, and has conducted an onsite audit finding the training program in compliance as specified in these rules.

(3) “Approved” means approved in writing by the Authority.

(4) “Audit’ means a classroom evaluation of ongoing training. An audit involves verifying the course content, specific time requirements for each subject, hands-on training, classroom conditions, attendance size and other measures of the adequacy of the training provided.

(5) “Authority” means the Oregon Health Authority.

(6) “Certificate of mailing” means a United States Postal Service document that indicates when a piece of mail was presented to the Postal Service for mailing.

(7) “Certified dust sampling technician” means a technician who has successfully completed a dust sampling course accredited by the Authority, EPA, or an EPA-authorized state or tribal program.

(8) “Certified individual” means an individual certified by the Authority as a renovator or dust sampling technician.

(9) “Certified renovation firm” means a company, partnership, corporation, sole proprietorship, association, or other entity that has been certified by the Authority to conduct renovation under ORS 431.920 or licensed by the CCB under ORS 701.515.

(10) “Certified renovator” means a renovator who has successfully completed a renovator course accredited by the Authority, EPA, or an EPA-authorized state or tribal program.

(11) “Child-occupied facility” means a building, or a portion of a building, constructed prior to 1978, visited regularly by the same child, under age six, on at least two different days within any week (Sunday through Saturday), provided that each day’s visit lasts at least three hours and the combined weekly visit lasts at least six hours, and the combined annual visits last at least sixty hours. Child-occupied facilities may include, but are not limited to, day-care centers, preschools and kindergarten classrooms. Child-occupied facilities may be located in target housing or in public or commercial buildings. With respect to common areas in public or commercial buildings that contain child-occupied facilities, the child-occupied facility encompasses only those common areas that are routinely used by children under age six, such as restrooms and cafeterias. In addition, with respect to exteriors of public or commercial buildings that contain child-occupied facilities, the child-occupied facility encompasses only the exterior sides of the building that are immediately adjacent to the child-occupied facility or the common areas routinely used by children under age six.

(12) “Cleaning verification card” means a card developed and distributed, or otherwise approved, by EPA for the purpose of determining, through comparison of wet and dry disposable cleaning cloths with the card, whether post-renovation cleaning has been properly completed.

(13) “Clearance examination standards” means values that indicate the maximum amount of lead permitted in dust on a surface or in soil following completion of a renovation activity. Standards for lead in dust are 40 micrograms per square foot (µg/ft²) on floors, 250 µg/ft² on interior window sills, and 400 µg/ft² on window troughs. The values for lead in soil are 400 parts per million (ppm) in play areas and 1,200 ppm in the remainder of the yard.

(14) “Common areas” means portion(s) of a building that are generally accessible to all occupants. This may include, but is not limited to, hallways, stairways, laundry and recreational rooms, playgrounds, community centers, garages, and boundary fences. With respect to common areas in public or commercial buildings that contain child-occupied facilities, the child-occupied facility encompasses only those common areas that are routinely used by children under age six, such as restrooms and cafeterias. Common areas that children under age six only pass through, such as hallways, stairways, and garages are not common areas.

(15) “Component or building component” means specific design or structural elements or fixtures of a building or residential dwelling that are distinguished from each other by form, function, and location. These include, but are not limited to: interior components such as ceilings, crown molding, walls, chair rails, doors, door trim, floors, fireplaces, radiators and other heating units, shelves, shelf supports, stair treads, stair risers, stair stringers, newel posts, railing caps, balustrades, windows and trim (including sashes, window heads, jambs, sills or stools and troughs), built-in cabinets, columns, beams, bathroom vanities, counter tops, and air conditioners; and exterior components such as painted roofing, chimneys, flashing, gutters and downspouts, ceilings, soffits, fascias, rake boards, corner boards, bulkheads, doors and door trim, fences, floors, joists, lattice work, railings and railing caps, siding, handrails, stair risers and treads, stair stringers, columns, balustrades, windowsills or stools and troughs, casings, sashes and wells, and air conditioners.

(16) “Concentration” means the relative content of a specific substance contained within a larger mass, such as the amount of lead (in micrograms per gram or parts per million by weight) in a sample of dust or soil.

(17) “Containment” means a process or arrangement of materials to protect workers, occupants, the public, and the environment by controlling exposure to the lead-contaminated dust and debris created during renovation activities.

(18) “Course completion certificate” means documentation issued by an accredited training program to an individual as proof of successful completion of a Authority-accredited renovator or dust sampling technician training course or refresher training course.

(19) “Course completion date” means the final date of classroom instruction and/or student examination of an accredited renovator or dust sampling technician training course.

(20) “Critical barrier” means a containment structure that allows for the passage of persons or materials while maintaining containment.

(21) “Demonstration testing” means the observation and scoring of a student’s job task and equipment use skills taught during a course or refresher training course.

(22) “Desk audit” means an audit of the training program to document proper records keeping, filing procedures and notifications required by the Authority.

(23) “Deteriorated paint” means any interior or exterior paint or other coating that is peeling, chipping, chalking, cracking, flaking, or any paint or coating located on an interior or exterior surface or fixture that is otherwise damaged or separated from the substrate.

(24) “Distinct painting history” means the application history, as indicated by the visual appearance or a record of application, over time, of paint or other surface coatings to a component or room.

(25) “Documented methodologies” are written methods or protocols used to sample for the presence of lead in paint, dust, and soil as recommended in U.S. Department of Housing and Urban Development “Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing” and “EPA’s Residential Sampling for Lead: Protocols for Dust and Soil Sampling”.

(26) “Dripline” means the area within three feet surrounding the perimeter of a building.

(27) “Dry disposable cleaning cloth” means a commercially available dry, electro-statically charged, white disposable cloth designed to be used for cleaning hard surfaces such as uncarpeted floors or counter tops.

(28) “Dust-lead hazard” means surface dust in a residential dwelling or child-occupied facility that contains a mass-per-area concentration of lead equal to or exceeding 40 μg/ft2 on floors, 250 μg/ft2 on interior window sills, and 400 μg/ft2 in window troughs based on wipe samples.

(29) “Emergency” means a situation in which failure to act promptly would likely result in immediate harm to persons or property.

(30) “Emergency renovation operations” means renovation activities, such as operations necessitated by non-routine failures of equipment, that were not planned but result from a sudden, unexpected event that, if not immediately attended to, presents a safety or public health hazard, or threatens equipment or property with significant damage. Interim controls performed in response to an elevated blood lead level in a resident child are also emergency renovations.

(31) “EPA” means the United States Environmental Protection Agency.

(32) “EPA-authorized program” means a state or tribal program authorized by EPA to administer and enforce the provisions of 40 CFR § 745.324 and 40 CFR § 745.326.

(33) “Friction surface” means an interior or exterior surface that is subject to abrasion or friction, including, but not limited to, certain window, floor, and stair surfaces.

(34) “Guest instructor” means an individual who is responsible for providing less than 30 percent of training in any course.

(35) “Hands-on training” means training during which students practice skills that they will be expected to perform at the worksite.

(36) “HEPA vacuum” means a vacuum cleaner which has been designed with a high-efficiency particulate air (HEPA) filter as the last filtration stage. A HEPA filter is a filter that is capable of capturing particles of 0.3 microns with 99.97 percent efficiency. The vacuum cleaner must be designed so that all the air drawn into the machine is expelled through the HEPA filter with none of the air leaking past it.

(37) “Impact surface” means an interior or exterior surface that is subject to damage by repeated sudden force such as certain parts of door frames.

(38) “Inspection” means a surface-by-surface investigation to determine the presence of lead-based paint and the provision of a report, in writing, explaining the results of the investigation.

(39) “Interim controls” means a set of measures designed to temporarily reduce human exposure or likely exposure to lead-based paint hazards, including 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.

(40) “Interactive/participatory teaching methods” mean instruction which consists of active participation of the students, such as brainstorming, hands-on training, demonstration and practice, small group problem-solving, learning games, discussions, risk mapping, field visits, walk-throughs, problem-posing, group work assignments, homework review sessions, question-and-answer periods, skits, or role-playing sessions. Lecture is not considered an interactive/participatory teaching method.

(41) “Job tasks” mean the specific activities performed in the context of work.

(42) “Lead-based paint” means paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram per square centimeter or 0.5 percent by weight.

(43) “Lead-based paint hazard” means deteriorated lead-based paint, dust-lead hazard or soil-lead hazard as identified in these rules.

(44) “Lead-contaminated dust” means surface dust in residential dwellings or child-occupied facilities that contains an area or mass concentration of lead in excess of levels determined by the appropriate federal agency to pose a threat of adverse health effects in pregnant women or young children.

(45) “Minor repair and maintenance activities” means activities, including minor heating, ventilation or air conditioning work, electrical work, and plumbing, that disrupts six square feet or less of painted surface per room for interior activities, or 20 square feet or less of painted surface for exterior activities where none of the work practices prohibited or restricted by OAR 333-070-0090 are used and where the work does not involve window replacement or demolition of painted surface areas. When removing painted components, or portions of painted components, the entire surface area removed is the amount of painted surface disturbed. Jobs, other than emergency renovations, performed in the same room within the same 30 days are the same job for the purpose of determining whether the job is a minor repair and maintenance activity.

(46) “Multi-family housing” means a housing property consisting of more than four dwelling units.

(47) “Paint in poor condition” means more than 10 square feet of deteriorated paint on exterior components with large surface areas; or more than two square feet of deteriorated paint on interior components with large surface areas (e.g., walls, ceilings, floors, doors); or more than 10 percent of the total surface area of the component is deteriorated on interior or exterior components with small surface areas (e.g., window sills, baseboards, soffits, trim).

(48) “Paint-lead hazard” means any of the following:

(a) Any lead-based paint on a friction surface that is subject to abrasion and where the lead dust levels on the nearest horizontal surface underneath the friction surface (e.g., the window sill, or floor) are equal to or greater than the dust-lead hazard levels identified in these rules.

(b) Any damaged or otherwise deteriorated lead-based paint on an impact surface that is caused by impact from a related building component (such as a door knob that knocks into a wall or a door that knocks against its door frame).

(c) Any chewable lead-based painted surface on which there is evidence of teeth marks. (d) Any other deteriorated lead-based paint in any residential building or child-occupied facility or on the exterior of any residential building or child-occupied facility.

(49) “Paint stabilization” means repairing any physical defect in the substrate of a painted surface that is causing paint deterioration, removing loose paint and other material from the surface to be treated, and applying a new protective coating or paint.

(50) “Pamphlet” means the EPA pamphlet titled Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools or any state pamphlet approved by EPA pursuant to 40 CFR 745.326 that is developed for the same purpose. This includes reproductions of the pamphlet when copied in full and without revision or deletion of material from the pamphlet (except for the addition or revision of state or local sources of information.

(51) “Permanent” means having an expected design life of 20 years.

(52) “Principal instructor” means the individual who has the primary responsibility for organizing and teaching a particular course.

(53) “Proficiency test” means any alternative to a conventional written examination that is used to measure a trainee’s mastery of course content. An oral examination offered to a trainee with a disability is an example of a proficiency test.

(54) “Provisional accreditation” means the Authority has reviewed and finds acceptable a training program’s written application for accreditation, but has not conducted an on-site audit as specified in these rules.

(55) “Public agency” means an entity that functions as part of a governmental body or organization at the local, state, or federal level.

(56) “Recognized test kit” means a commercially available kit recognized by 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 percent lead by weight, in a paint chip, paint powder, or painted surface.

(57) “Refresher renovator of dust sampling technician training course” means a minimum training program accredited by the Authority to update an individual’s knowledge and skills so that they can effectively and safely continue to practice in the field.

(58) “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 as defined by these rules. The term renovation includes, but is not limited to, the removal or modification of painted surfaces or painted components (e.g., modification of painted doors, surface preparation activity such as sanding, scraping, or other such activities that may generate paint dust); the removal of large structures (e.g., walls, ceiling, large surface re-plastering, major re-plumbing); and window replacement, weatherization projects (e.g., cutting holes in painted surfaces to install blown-in insulation or to gain access to attics, planning thresholds to install weather-stripping), and interim controls that disturb painted surfaces. A renovation performed for the purpose of converting a building, or part of a building, into target housing or a child-occupied facility is a renovation under this subpart. The term renovation does not include minor repair and maintenance activities.

(59) “Residential building” means a building containing one or more residential dwellings.

(60) “Residential dwelling” means:

(a) A detached single family dwelling unit, including attached structures such as porches and stoops; or

(b) A single family dwelling unit in a structure that contains more than one separate residential dwelling unit, which is used or occupied, or intended to be occupied, in whole or in part, as the home or residence of one or more persons.

(61) “Room” means a separate part of the inside of a building, such as a bedroom, living room, dining room, kitchen, bathroom, laundry room, or utility room. To be considered a separate room, the room must be separated from adjoining rooms by built-in walls or archways that extend at least six inches from an intersecting wall. Half walls or bookcases count as room separators if built-in. Movable or collapsible partitions or partitions consisting solely of shelves or cabinets are not considered built-in walls. A screened in porch that is used as a living area is a room.

(62) “RRP” means the U.S. EPA Renovation Repair and Painting Rule under 40 CFR § 745 Subpart E-Residential Property Renovation.

(63) “Site Visit’ means a visit by the Authority to audit a training program and includes but is not limited to a review of: records, including course completion forms and attendance records; facilities; instructional curriculum; examination design, administration and security procedures and results, including those of demonstration testing; classroom instruction; audio-visual materials; course content; and coverage.

(64) “Soil lead hazard” means bare soil on residential property or on the property of a child-occupied facility that contains total lead equal to or exceeding 400 ppm in a play area or 1,200 ppm in the remainder of the yard based on soil samples.

(65) “Target housing” means any housing constructed prior to 1978, except housing for the elderly or persons with disabilities (unless one or more children under age six resides or is expected to reside in such housing for the elderly or persons with disabilities) or any zero-bedroom dwelling.

(66) “These rules” mean OAR 333-070-0075 through 333-070-0160.

(67) “Training hour” means 60 minutes of lead-based paint related training which may include a break of not more than 10 minutes.

(68) “Training instructor” means the individual responsible for organization of the course and oversight of the teaching of all course material, and who teaches at least 70 percent of the course.

(69) “Training manager” means the individual responsible for administering a training program and monitoring the performance of principal instructors and guest instructors.

(70) “Visual inspection” means:

(a) For interiors, that a certified renovator determines whether dust, debris, or residue is still present.

(b) For exteriors, that a certified renovator determines whether dust or debris is still present in and below the work area, including windowsills and the ground.

(71) “Wet disposable cleaning cloth” means a commercially available, pre-moistened white disposable cloth designed to be used for cleaning hard surfaces such as uncarpeted floors or counter tops.

(72) “Wet mopping system” means a device with the following characteristics: A long handle, a mop head designed to be used with disposable absorbent cleaning pads, a reservoir for cleaning solution, and a built-in mechanism for distributing or spraying the cleaning solution onto a floor, or a method of equivalent efficacy.

(73) “Work area” means the area that the certified renovator establishes to contain the dust and debris generated by a renovation.

Stat. Auth.: ORS 431.920

Stats. Implemented: ORS 431.918

Hist.: PH 8-2010, f. & cert. ef. 4-26-10; PH 4-2011, f. & cert. ef. 6-16-11

333-070-0090

Work Practice Standards

All renovations must be performed in accordance with the work practice standards in this rule unless the renovation qualifies for one of the exceptions identified in OAR 333-070-0075(3)(a).

(1) Standards for renovation activities.

(a) Renovations must be performed by certified renovation firms using certified renovators as directed in OAR 333-070-0100.

(b) The responsibilities of certified renovation firms are set forth in OAR 333-070-0105.

(c) The responsibilities of certified renovators are set forth in OAR 333-070-0100.

(2) Occupant protection.

(a) A certified renovation firm shall:

(A) Post signs clearly defining the work area and warning occupants and other persons not involved in renovation activities to remain outside of the work area. To the extent practicable, these signs must be in the primary language of the occupants.

(B) Post signs before beginning the renovation and keep them in place and readable until the renovation and the post-renovation cleaning verification has been completed.

(C) Post signs at each entry to the renovation project work area, at a minimum.

(b) If warning signs have been posted in accordance with paragraph (2)(a)(A) of this rule, additional signs are not required.

(3) Containing the work area. A certified renovation firm shall:

(a) Isolate the work area so that no dust or debris leaves the work area while the renovation is being performed, before beginning the renovation;

(b) Maintain the integrity of the containment by ensuring that any plastic or other impermeable materials are not torn or displaced, and taking any other steps necessary to ensure that no dust or debris leaves the work area while the renovation is being performed; and

(c) Ensure that containment is installed in such a manner that it does not interfere with occupant and worker egress in an emergency.

(4) Interior renovations. A certified renovation firm shall:

(a) Remove all objects from the work area, including furniture, rugs, and window coverings, or cover them with plastic sheeting or other impermeable material with all seams and edges taped or otherwise sealed;

(b) Close and cover all ducts opening in the work area with taped-down plastic sheeting or other impermeable material;

(c) Close windows and doors in the work area;

(d) Cover doors with plastic sheeting or other impermeable material. Doors used as an entrance to the work area must be covered with plastic sheeting or other impermeable material in a manner that allows workers to pass through while confining dust and debris to the work area;

(e) Cover the floor surface, including installed carpet, with taped-down plastic sheeting or other impermeable material in the work area six feet beyond the perimeter of surfaces undergoing renovation or a sufficient distance to contain the dust, whichever is greater; and

(f) Use precautions to ensure that all personnel, tools, and other items, including the exteriors of containers of waste, are free of dust and debris before leaving the work area.

(5) Exterior renovations. A certified renovation firm shall:

(a) Close all doors and windows within 20 feet of the renovation. On multi-story buildings, close all doors and windows within 20 feet of the renovation on the same floor as the renovation, and close all doors and windows on all floors below that are the same horizontal distance from the renovation;

(b) Ensure that doors within the work area that will be used while the job is being performed are covered with plastic sheeting or other impermeable material in a manner that allows workers to pass through while confining dust and debris to the work area;

(c) Cover the ground with plastic sheeting or other disposable impermeable material extending 10 feet beyond the perimeter of surfaces undergoing renovation or a sufficient distance to collect falling paint debris, whichever is greater, unless the property line prevents 10 feet of such ground covering; and

(d) In adverse weather conditions (e.g. windy conditions), the certified renovation firm must take extra precautions in containing the work area to ensure that dust and debris from the renovation does not contaminate other buildings or other areas of the property or migrate to adjacent properties.

(6) Prohibited and restricted practices. The work practices listed below are prohibited during a renovation:

(a) Open-flame burning or torching of lead-based paint;

(b) The use of machines that remove lead-based paint through high speed operation such as sanding, grinding, power planing, needle gun, abrasive blasting, or sandblasting, unless such machines are used with HEPA exhaust control; and

(c) Operating a heat gun on lead-based paint is prohibited unless the temperature is below 1100 degrees Fahrenheit.

(7) Waste from renovations. A certified renovation firm shall:

(a) Contain waste from a renovation to prevent releases of dust and debris before the waste is removed from the work area for storage or disposal. If a chute is used to remove waste from the work area, it must be covered;

(b) Store and contain waste that has been collected from renovation activities in an enclosure, or behind a barrier that prevents release of dust and debris out of the work area and prevents access to dust and debris, at the conclusion of each work day and at the conclusion of the renovation; and

(c) Contain the waste to prevent release of dust and debris when transporting waste from renovation activities.

(8) Cleaning the work area. After a renovation has been completed, the certified renovation firm shall clean the work area until no dust, debris or residue remains.

(9) Interior and exterior renovations. A certified renovation firm shall:

(a) Collect all paint chips and debris and, without dispersing any of it, seal this material in a heavy-duty bag;

(b) Remove the protective sheeting;

(c) Mist the sheeting before folding it, fold the dirty side inward, and either tape shut to seal or seal in heavy-duty bags. Sheeting used to isolate contaminated rooms from non-contaminated rooms must remain in place until after the cleaning and removal of other sheeting; and

(d) Dispose of sheeting as waste.

(10) Additional cleaning for interior renovations. A certified renovation firm shall clean all objects and surfaces in the work area and within two feet of the work area in the following manner, cleaning from higher to lower:

(a) Walls. Clean walls starting at the ceiling and working down to the floor by either vacuuming with a HEPA vacuum or wiping with a damp cloth. Dust bags from HEPA machines must be properly contained and disposed. Changing of vacuum bag must occur in containment and wrapped and taped in plastic for disposal.

(b) Remaining surfaces. Thoroughly vacuum all remaining surfaces and objects in the work area, including furniture and fixtures, with a HEPA vacuum. The HEPA vacuum must be equipped with a beater bar when vacuuming carpets and rugs.

(c) Wipe all remaining surfaces and objects in the work area, except for carpeted or upholstered surfaces, with a damp cloth. Mop uncarpeted floors thoroughly, using a mopping method that keeps the wash water separate from the rinse water, such as the two-bucket mopping method, or using a wet mopping system.

(11) Standards for post-renovation cleaning verification of interiors. A certified renovation firm shall have a certified renovator:

(a) Perform a visual inspection to determine whether dust, debris or residue is still present. If dust, debris or residue is present, these conditions must be removed by re-cleaning and another visual inspection must be performed.

(b) After a successful visual inspection:

(A) Verify that each windowsill in the work area has been adequately cleaned, using the following procedure:

(i) Wipe the windowsill with a wet disposable cleaning cloth that is damp to the touch. If the cloth matches or is lighter than the cleaning verification card, the windowsill has been adequately cleaned.

(ii) If the cloth does not match and is darker than the cleaning verification card, re-clean the windowsill as directed in subparagraph (A)(i) of this subsection, then either use a new cloth or fold the used cloth in such a way that an unused surface is exposed, and wipe the surface again. If the cloth matches or is lighter than the cleaning verification card, that windowsill has been adequately cleaned.

(iii) If the cloth does not match and is darker than the cleaning verification card, wait for one hour or until the surface has dried completely, whichever is longer, and wipe the windowsill with a dry disposable cleaning cloth. After this wipe, the windowsill has been adequately cleaned.

(B) Wipe uncarpeted floors and countertops within the work area with a wet disposable cleaning cloth. Floors must be wiped using an application device with a long handle and a head to which the cloth is attached. The cloth must remain damp at all times while it is being used to wipe the surface for post-renovation cleaning verification. If the surface within the work area is greater than 40 square feet, the surface within the work area must be divided into roughly equal sections that are each less than 40 square feet. Wipe each such section separately with a new wet disposable cleaning cloth. If the cloth used to wipe each section of the surface within the work area matches the cleaning verification card, the surface has been adequately cleaned.

(i) If the cloth used to wipe a particular surface section does not match the cleaning verification card, re-clean that section of the surface as directed in paragraph (b)(B) of this section, then use a new wet disposable cleaning cloth to wipe that section again. If the cloth matches the cleaning verification card, that section of the surface has been adequately cleaned.

(ii) If the cloth used to wipe a particular surface section does not match the cleaning verification card after the surface has been re-cleaned, wait for one hour or until the entire surface within the work area has dried completely, whichever is longer.

(iii) After waiting for the entire surface within the work area to dry, wipe each section of the surface that has not yet achieved post-renovation cleaning verification with a dry disposable cleaning cloth. After this wipe, that section of the surface has been adequately cleaned.

(c) Remove the warning signs when the work area passes the post-renovation cleaning verification.

(12) Standards for post-renovation cleaning verification of exteriors. A certified renovation firm shall have a certified renovator:

(a) Perform a visual inspection to determine whether dust, debris or residue is still present on surfaces in and below the work area, including windowsills and the ground. If dust, debris or residue is present, these conditions must be eliminated and another visual inspection must be performed.

(b) Remove the warning signs when the area passes the visual inspection.

(13) Optional dust clearance testing. Cleaning verification need not be performed if the contract between the certified renovation firm and the person contracting for the renovation or another federal, state or local law or regulation requires:

(a) The certified renovation firm to perform dust clearance sampling at the conclusion of a renovation covered by this rule.

(b) The dust clearance samples are required to be collected by a certified inspector, risk assessor or dust sampling technician.

(c) The certified renovation firm is required to re-clean the work area until the dust clearance sample results are below the dust clearance standards in OAR 333-070-0085.

(14) Activities conducted after post-renovation cleaning verification. Activities that do not disturb paint, such as applying paint to walls that have already been prepared, are not regulated by this rule if they are conducted after post-renovation cleaning verification has been performed.

Stat. Auth.: ORS 431.920

Stats. Implemented: ORS 431.920 & 431.922

Hist.: PH 8-2010, f. & cert. ef. 4-26-10; PH 4-2011, f. & cert. ef. 6-16-11

333-070-0095

Information Distribution Requirements for the Pre-Renovation Notification Rule (406).

(1) Renovations in dwelling units. No more than 60 days before beginning renovation activities in any residential dwelling unit of target housing, a certified renovation firm performing the renovation shall:

(a) Provide the owner of the unit with the pamphlet; and:

(A) Obtain, from the owner, a written acknowledgment that the owner has received the pamphlet; or

(B) Obtain a certificate of mailing at least seven days prior to the renovation.

(b) If the owner does not occupy the dwelling unit, in addition to the requirements in subsection (a) of this section, a certified renovation firm shall provide an adult occupant of the unit with the pamphlet; and:

(A) Obtain, from the adult occupant, a written acknowledgment that the occupant has received the pamphlet; or

(B) Certify in writing that a pamphlet has been delivered to the dwelling and that the certified renovation firm performing the renovation has been unsuccessful in obtaining a written acknowledgment from an adult occupant. A certification must include:

(i) The address of the unit undergoing renovation;

(ii) The date and method of delivery of the pamphlet;

(iii) The name of the individual delivering the pamphlet;

(iv) The reason for lack of acknowledgment (e.g., occupant refuses to sign, no adult occupant available);

(v) The signature of a representative of the certified renovation firm performing the renovation; and

(vi) The date of signature.

(C) If receipt can not be obtained from the adult occupant, obtain a certificate of mailing at least seven days prior to the renovation.

(2) Renovations in common areas. No more than 60 days before beginning renovation activities in common areas of multi-unit target housing, the certified renovation firm performing the renovation shall:

(a) Provide the owner with the pamphlet, and:

(A) Obtain, from the owner, a written acknowledgment that the owner has received the pamphlet; or

(B) Obtain a certificate of mailing at least seven days prior to the renovation.

(b) Comply with one of the following:

(A) Notify the affected units in writing of the proposed renovation and make the pamphlet available upon request prior to the start of renovation. Such notification shall be accomplished by distributing written notification to each affected unit. The notice shall:

(i) Describe the general nature and locations of the planned renovation activities;

(ii) Include the expected starting and ending dates; and

(iii) Contain a statement of how the occupant can obtain the pamphlet and a copy of the records required by OAR 333-070-0110, at no cost to the occupants; or

(B) While the renovation is ongoing, post informational signs describing the general nature and locations of the renovation and the anticipated completion date. These signs must be posted in areas where they are likely to be seen by the occupants of all of the affected units. The signs must be accompanied by a posted copy of the pamphlet or information on how interested occupants can review a copy of the pamphlet or obtain a copy from the certified renovation firm at no cost to occupants. The signs must also include information on how interested occupants can review a copy of the records required by OAR 333-070-0110 or obtain a copy from the renovation firm at no cost to the occupants.

(c) Prepare, sign, and date a statement describing the steps performed to notify all occupants of the intended renovation activities and to provide the pamphlet.

(d) If the scope, locations, or expected starting and ending dates of the planned renovation activities change after the initial notification, and the certified renovation firm provided written initial notification to each affected unit, the certified renovation firm performing the renovation must provide further written notification to the owners and occupants providing revised information on the ongoing or planned activities. This subsequent notification must be provided before the certified renovation firm performing the renovation initiates work beyond that which was described in the original notice.

(3) Renovations in child-occupied facilities. No more than 60 days before beginning renovation activities in any child-occupied facility, the certified renovation firm performing the renovation shall:

(a) Provide the owner of the building with the pamphlet, and:

(A) Obtain, from the owner, a written acknowledgment that the owner has received the pamphlet; or

(B) Obtain a certificate of mailing at least seven days prior to the renovation.

(b) In addition to the requirements in subsection (a) of this section, if the operator of the child-occupied facility is not the owner of the building, provide the operator of the child-occupied facility with the pamphlet, and:

(A) Obtain, from the operator, a written acknowledgment the operator has received the pamphlet;

(B) Certify in writing that a pamphlet has been delivered to the operator and that the certified renovation firm performing the renovation has been unsuccessful in obtaining a written acknowledgment from the operator. Such certification shall comply with the requirements in paragraph (1)(b)(B) of this rule; or

(C) Obtain a certificate of mailing at least seven days prior to the renovation.

(c) Provide the parents and guardians of children using the child-occupied facility with the pamphlet and information describing the general nature and locations of the renovation and the anticipated completion date by:

(A) Mailing or hand-delivering the pamphlet and the renovation information to each parent or guardian of a child using the child-occupied facility; or

(B) While the renovation is ongoing, post informational signs describing the general nature and locations of the renovation and the anticipated completion date. These signs must be posted in areas where they can be seen by the parents or guardians of the children frequenting the child-occupied facility. The signs must be accompanied by a posted copy of the pamphlet or information on how interested parents or guardians of children frequenting the child-occupied facility can review a copy of the pamphlet or obtain a copy from the renovation firm at no cost to the parents or guardians. The signs must also include information on how interested parents or guardians of children frequenting the child-occupied facility can review a copy of the records required by OAR 333-070-0110 or obtain a copy from the renovation firm at no cost to the parents or guardians; and

(C) Prepare, sign, and date a statement describing the steps performed to notify all parents and guardians of the intended renovation activities and to provide the pamphlet.

(4) Written acknowledgment. A written acknowledgment required by paragraphs (1)(a)(A), (1)(b)(A), (2)(a)(A), (4)(a)(A) and (4)(b)(A) of this rule must:

(a) Include the owner or occupant’s name and a statement from the owner or occupant acknowledging receipt of the pamphlet prior to the start of renovation, the address of the unit undergoing renovation, the signature of the owner or occupant as applicable, and the date of signature;

(b) Be on a separate sheet of paper or part of any written contract or service agreement for the renovation; and

(c) Be written in the same language as the text of the contract or agreement for the renovation or, in the case of non-owner occupied target housing, in the same language as the lease or rental agreement or the pamphlet.

Stat. Auth.: ORS 431.920

Stats. Implemented: ORS 431.920

Hist.: PH 8-2010, f. & cert. ef. 4-26-10; PH 4-2011, f. & cert. ef. 6-16-11

333-070-0100

Renovator Certification and Dust Sampling Technician Certification and Responsibilities

(1) Renovator certification allows a certified individual to perform renovations covered by these rules.

(2) Dust sampling technician certification allows the individual to perform dust clearance sampling under OAR 333-070-0090. Optional dust sampling, procedures and determinations are contained in OAR 333-069-0070, paragraph (5)(j)(D); and sections (6) and (11).

(3) Renovator certification and dust sampling technician certification.

(a) To become a certified renovator or certified dust sampling technician, an individual must successfully complete the appropriate course accredited by the Authority, EPA, or an EPA-authorized state or tribal program. The course completion certificate serves as proof of certification.

(b) Individuals who have successfully completed an accredited abatement worker or supervisor course, or individuals who have successfully completed an EPA, HUD, or EPA/HUD model renovation training course may take an accredited refresher renovator training course in lieu of the initial renovator training course to become a certified renovator.

(c) To become a certified dust sampling technician, a certified inspector or risk assessor need only to take the dust sampling technician refresher course.

(d) To maintain renovator certification or dust sampling technician certification, an individual must complete a renovator or dust sampling technician refresher course accredited by the Authority, EPA or an EPA-authorized program within five years of the date the individual completed the initial course described in OAR 333-0070-0100. If the individual does not complete a refresher course within this time, the individual must re-take the initial course to become certified again.

(4) Renovator responsibilities. Certified renovators are responsible for ensuring compliance with OAR 333-070-0090 at all renovations to which they are assigned. A certified renovator shall:

(a) Perform all of the tasks described in OAR 333-070-0090 and either perform or direct workers to perform, all of the tasks described in OAR 333-070-0090.

(b) Provide training to workers on the work practices they will be using in performing their assigned tasks.

(c) Be physically present at the work site:

(A) At the time the signs required by OAR 333-070-0090(2) are posted;

(B) While the work area containment required by OAR 333-070-0090(3) is being established; and

(C) While the work area cleaning required by OAR 333-070-0090(8) is performed.

(d) Regularly direct work being performed by other individuals to ensure that the work practices are being followed, including maintaining the integrity of the containment barriers and ensuring that dust or debris does not spread beyond the work area.

(e) Be available, either on-site or by telephone, at all times that renovations are being conducted.

(f) Use an EPA recognized test kit when requested by the party contracting for renovation services to determine whether components to be affected by the renovation contain lead-based paint. If the components make up an integrated whole, such as the individual stair treads and risers of a single staircase, the renovator is required to test only one of the individual components, unless the individual components appear to have been repainted or refinished separately.

(g) Have, at the work site, copies of their initial course completion certificate and their most recent refresher course completion certificate.

(h) Prepare the records required by OAR 333-070-0110.

(5) Dust sampling technician responsibilities. When performing optional dust clearance sampling as referenced in OAR 333-069-0070, paragraph (5)(j)(D); and sections (6) and (11) a certified dust sampling technician shall:

(a) Collect dust samples in accordance with 40 CFR § 745.227(e)(8), send the collected samples to a laboratory recognized by the EPA under § 405(b) of the Toxic Substances Control Act, National Lead Laboratory Accreditation Program, and compare the results to the clearance levels in accordance with 40 CFR § 745.227(e)(8)(C)(vii); and

(b) Have, at the work site, copies of their initial course completion certificate and their most recent refresher course completion certificate.

Stat. Auth.: ORS 431.920

Stats. Implemented: ORS 431.920

Hist.: PH 8-2010, f. & cert. ef. 4-26-10; PH 4-2011, f. & cert. ef. 6-16-11

333-070-0105

Certified Renovation Firm Certification and Responsibilities

(1) Initial certification.

(a) Firms that perform renovations for compensation shall:

(A) Apply to the Authority for certification to perform renovations or dust sampling by submitting a completed “Application for Certified Renovation Firms,” signed by an authorized agent of the firm; and

(B) Pay the correct amount of fees.

(b) An application will be considered complete if it contains all of the information requested on the form and includes the correct amount of fees.

(c) If the Authority receives an incomplete application, it will request that the applicant submit the missing information or fee within 30 days. If an applicant fails to submit the requested information or the fee, the application will be returned to the applicant. An applicant who has had its application returned may reapply at any time.

(d) Within 30 days of declaring an application complete, the Authority shall:

(A) Approve the application if the Authority determines that the environmental compliance history of the applicant, its principals, or its key employees shows a willingness and ability to maintain compliance with environmental statutes or regulations; or

(B) Deny the application if the Authority determines that the environmental compliance history of the applicant, its principals, or its key employees demonstrates an unwillingness or inability to maintain compliance with environmental statutes or regulations.

(e) If the Authority approves the application, the Authority shall issue the applicant a certificate with an expiration date not more than five years from the date the application is approved.

(f) If the Authority denies the application it shall send the applicant a letter giving the reason for denying the application.

(2) Recertification.

(a) To maintain its certification, a certified renovation firm shall apply for recertification every five years, by submitting a timely and complete “Application for Certified Renovation Firms” with the required fee to the Authority.

(A) An application for recertification is timely if it is postmarked 60 days or more before the date the certified renovation firm’s current certification expires. If the certified renovation firm’s application is complete and timely, the certified renovation firm’s current certification will remain in effect until its expiration date or until the Authority has made a final decision to approve or deny the recertification application, whichever is later.

(B) If the certified renovation firm submits a complete recertification application less than 60 days before its current certification expires, and the Authority does not approve the application before the expiration date, the certified renovation firm’s current certification will expire and the certified renovation firm will not be able to conduct renovations until the Authority approves its recertification application.

(C) If the certified renovation firm fails to obtain recertification before the certified renovation firm’s current certification expires, the certified renovation firm may not perform renovations or dust sampling and must apply for initial certification under section (1) of this rule.

(b) A recertification application will be considered complete if it contains all of the information requested on the form and includes the correct amount of fees.

(c) If the Authority receives an incomplete application, it will request a certified renovation firm to submit the missing information or fee within 30 days. If an applicant fails to submit the requested information or the fee, the application will be returned to the applicant.

(d) Within 60 days of declaring an application for recertification complete, the Authority shall:

(A) Approve a certified renovation firm’s recertification application if the Authority determines that the environmental compliance history of the certified renovation firm, its principals, or its key employees shows a willingness and ability to maintain compliance with environmental statutes or regulations; or

(B) Deny a certified renovation firm’s recertification application if the Authority determines that the environmental compliance history of the certified renovation firm, its principals, or its key employees demonstrates an unwillingness or inability to maintain compliance with environmental statutes or regulations.

(e) If the Authority approves a certified renovation firm’s recertification application, the Authority shall issue the certified renovation firm a certificate with an expiration date not more than five years from the date the application is approved.

(f) If the Authority denies the recertification application it shall send the certified renovation firm a letter giving the reason for denying the application.

(3) Amendment of certification.

(a) A certified renovation firm shall amend its application for certification within 30 days of the date a change occurs to information included in the certified renovation firm’s most recent application.

(b) If the certified renovation firm fails to amend its certification within 30 days of the date the change occurs, the certified renovation firm may not perform renovations or dust sampling until its certification is amended.

(c) To amend a certification, a certified renovation firm must submit a completed “Application for Certified Renovation Firms,” signed by an authorized agent of the certified renovation firm, noting on the form that it is submitted as an amendment and indicating the information that has changed.

(d) If additional information is needed to process the amendment, the Authority will request the certified renovation firm to submit the necessary information. The certified renovation firm’s certification is not amended until the certified renovation firm submits all the required information and the Authority has approved the amendment.

(e) Amending a certification does not affect the certification expiration date.

(4) The Authority will not refund the application fees if a certified renovation firm’s application for initial or recertification is denied.

(5) A certified renovation firm that is denied initial certification or recertification shall have the right to a contested case hearing under ORS chapter 183.

(6) A certified renovation firm that is denied initial or recertification may reapply for certification at any time by filing a new, complete application that includes the correct amount of fees.

(7) Certified renovation firm responsibilities. Certified renovation firms performing renovations shall ensure that:

(a) All individuals performing renovation activities on behalf of the certified renovation firm are either certified renovators or have been trained by a certified renovator as described in OAR 333-070-0100;

(b) A certified renovator is assigned to each renovation performed by the certified renovation firm and discharges all of the certified renovator responsibilities identified in OAR 333-070-0100;

(c) All renovations performed by the certified renovation firm are performed in accordance with the work practice standards as described in OAR 333-070-0090;

(d) The pre-renovation education requirements of OAR 333-070-0095 have been performed;

(e) The recordkeeping requirements of OAR 333-070-0110 are met; and

(f) The certified renovator is in compliance with the responsibilities as identified in OAR 333-070-0100 and 333-070-0090.

Stat. Auth.: ORS 431.920

Stats. Implemented: ORS 431.920

Hist.: PH 8-2010, f. & cert. ef. 4-26-10; PH 4-2011, f. & cert. ef. 6-16-11

333-070-0110

Certified Renovation Firm Recordkeeping and Reporting Requirements

(1) A certified renovation firm performing renovations must retain and, if requested, make available to the Authority all records required by these rules necessary to demonstrate compliance with these rules for a period of three years following completion of the renovation.

The three–year retention requirement does not supersede longer obligations required by other provisions for retaining the same documentation.

(2) Records that must be retained pursuant to this rule shall include (where applicable):

(a) Records or reports certifying that a determination had been made by an inspector or risk assessor that lead-based paint is not present on the components affected by the renovation. These records or reports include:

(A) Reports prepared by a certified inspector or certified risk assessor (certified by the Authority, EPA, or an EPA-authorized state or tribal program);

(B) Records prepared by a certified renovator after using EPA-recognized test kits, including an identification of the manufacturer and model of any test kits used, a description of the components that were tested including their locations, and the result of each test kit used.

(b) Signed and dated acknowledgments of receipts;

(c) Certifications of attempted delivery as described;

(d) Certificates of mailing;

(e) Records of notification activities performed regarding common area renovations and renovations in child-occupied facilities;

(f) Documentation of compliance with OAR chapter 333, division 70, including documentation that a certified renovator was assigned to the project, that the certified renovator provided on-the-job training for workers used on the project, that the certified renovator performed or directed workers who performed all of the tasks as described in this rule and that the certified renovator performed the post-renovation cleaning verification. If the certified renovation firm was unable to comply with all of the requirements of this rule due to an emergency, the certified renovation firm must document the nature of the emergency and the provisions of the rule that were not followed. This documentation must include a copy of the certified renovator’s training certificate, and a certification by the certified renovator assigned to the project that:

(A) Training was provided to workers (topics must be identified for each worker);

(B) Warning signs were posted at the entrances to the work area;

(C) If test kits were used, that the specified brand of kits was used at the specified locations and that the results were as specified;

(D) The work area was contained by:

(i) Removing or covering all objects in the work area (interiors);

(ii) Closing and covering all HVAC ducts in the work area (interiors);

(iii) Closing all windows in the work area (interiors) or closing all windows in and within 20 feet of the work area (exteriors);

(iv) Closing and sealing all doors in the work area (interiors) or closing and sealing all doors in and within 20 feet of the work area (exteriors);

(v) Covering doors in the work area that were being used to allow passage but prevent spread of dust;

(vi) Covering the floor surface, including installed carpet, with taped-down plastic sheeting or other impermeable material in the work area six feet beyond the perimeter of surfaces undergoing renovation or a sufficient distance to contain the dust, whichever is greater (interiors) or covering the ground with plastic sheeting or other disposable impermeable material anchored to the building extending 10 feet beyond the perimeter of surfaces undergoing renovation or a sufficient distance to collect falling paint debris, whichever is greater, unless the property line prevents 10 feet of such ground covering, weighted down by heavy objects (exteriors);

(vii) Installing (if necessary) vertical containment to prevent migration of dust and debris to adjacent property (exteriors);

(viii) Waste was contained on-site and while being transported off-site.

(E) The work area was properly cleaned after the renovation by:

(i) Picking up all chips and debris, misting protective sheeting, folding it dirty side inward, and taping it for removal;

(ii) Cleaning the work area surfaces and objects using a HEPA vacuum and/or wet cloths or mops (interiors);

(iii) The certified renovator performed the post-renovation cleaning verification (the results of which must be briefly described, including the number of wet and dry cloths used).

(3) When the final invoice for the renovation is delivered or within 30 days of the completion of the renovation, whichever is earlier, the renovation firm must provide information pertaining to compliance with this subpart to the following persons:

(a) The owner of the building; and

(b) An adult occupant of the residential dwelling, if the renovation took place within a residential dwelling, or an adult representative of the child-occupied facility, if the renovation took place within a child-occupied facility.

(4) When performing renovations in common areas of multi-unit target housing, renovation firms must post the information required by this subpart or instructions on how interested occupants can obtain a copy of this information. This information must be posted in areas where it is likely to be seen by the occupants of all of the affected units.

(5) The information required to be provided by OAR 333-070-0110(2) may be provided by completing the sample form titled “Sample Renovation Recordkeeping Checklist” or a similar form containing the test kit information required by OAR 333-070-0075(3)(a)(B) and the training and work practice compliance information required by OAR 333-070-0090 and 333-070-0100.

(6) If dust clearance sampling is performed in lieu of cleaning verification as permitted by OAR 333-070-0090(13), the renovation firm must provide, when the final invoice for the renovation is delivered or within 30 days of completion of the renovation, whichever is earlier, a copy of the dust sampling report to:

(a) The owner of the building; and

(b) An adult occupant of the residential dwelling, if the renovation took place within a residential dwelling, or an adult representative of the child-occupied facility, if the renovation took place within a child-occupied facility.

(7) When performing renovations in common areas of multi-unit target housing, renovation firms must post these dust sampling reports or information on how interested occupants of the housing being renovated can obtain a copy of the report. This information must be posted in areas where they are likely to be seen by the occupants of all of the affected units.

Stat. Auth.: ORS 431.920

Stats. Implemented: ORS 431.920

Hist.: PH 8-2010, f. & cert. ef. 4-26-10; PH 4-2011, f. & cert. ef. 6-16-11

333-070-0115

Inspections and Enforcement

(1) The Authority may:

(a) Enter private or public property at any reasonable time with consent of the owner or custodian of the property to inspect, investigate, evaluate or conduct tests or take specimens or samples for testing, as necessary to determine compliance with ORS 431.920;

(b) Issue subpoenas to determine compliance with ORS 431.920;

(c) Suspend, revoke or modify a certification to perform lead-based paint activities or renovation if the holder of the certification fails to comply with state or federal statutes or regulations related to lead-based paint;

(d) Suspend, revoke or modify a certified renovator’s certification if the renovator fails to comply with state or federal statutes or regulations related to lead-based paint; and

(e) Issue civil penalties not to exceed $5,000 per violation for a violation of ORS 431.920, or any of these rules, including failure or refusal to permit entry or inspection in accordance with this rule.

(A) In issuing civil penalties the Authority shall consider whether:

(i) The Authority made repeated attempts to obtain compliance;

(ii) The certified firm or individual has a history of noncompliance with environmental statutes or regulations;

(iii) The violation poses a serious risk to the public’s health;

(iv) The certified firm or individual gained financially from the noncompliance; and

(v) There are mitigating factors, such as a certified firm’s or individual’s cooperation with an investigation or actions to come into compliance.

(B) The Authority shall document its consideration of the factors in paragraph (1)(e)(A) of this rule.

(C) Each day a violation continues is an additional violation.

(D) A civil penalty imposed under this rule shall comply with ORS 183.745.

(2) An individual who is issued a notice of suspension, revocation or modification shall have the right to a contested case hearing under ORS chapter 183.

(3) The Authority shall maintain a publicly available list of individuals whose certification has been suspended, revoked, modified, or reinstated.

(4) Unless a final order specifies otherwise:

(a) An individual whose certification has been suspended must take a refresher training course (renovator or dust sampling technician) prior to certification being reinstated.

(b) An individual whose certification has been revoked shall take an initial renovator or dust sampling technician course in order to become certified again.

(c) A certified renovation firm whose certification has been revoked may reapply for certification after one year from the date of revocation.

(d) If the certified renovation firm’s certification has been suspended and the suspension ends less than five years after the certified renovation firm was initially certified or re-certified, the certified renovation firm does not need to do anything to re-activate its certification once the period of suspension has expired.

Stat. Auth.: ORS 183.310-183.540, 183.745, 431.920, 431.922, 431.994

Stats. Implemented: ORS 183.310-183.540, 183.745, 431.920, 431.922, 431.994

Hist.: PH 8-2010, f. & cert. ef. 4-26-10; PH 4-2011, f. & cert. ef. 6-16-11

333-070-0120

Certification Fees and Refunds

(1) Fees for the certification of certified renovation firms.

(a) Certification: $250

(b) Recertification: $250

(2) Fee Waivers. A renovation firm that has applied to EPA for certification or is certified by the EPA may request a waiver of the certification fee if the firm:

(a) Is required to be certified by the Authority; and

(b) Provides documentation that the date of application to EPA for certification or the date of certification is prior to May 3, 2010.

(3) Refund policy.

(a) An incomplete application shall be returned with the application fee minus a $50 administration fee.

(b) If an applicant requests that a complete application be withdrawn within 30 days of its receipt by the Authority, the Authority shall refund the applicant $200 minus a $50 administration fee.

(c) No fees will be refunded if the Authority has begun to process an application.

(4) Lost certificate. A $15 fee will be charged for the replacement of a certified renovation firm certificate.

(5) Certificate replacement. Certified renovation firms seeking certificate replacement must submit the replacement application form and a payment of $15 in accordance with the instructions provided with the application package.

Stat. Auth.: ORS 431.920

Stats. Implemented: ORS 431.920

Hist.: PH 8-2010, f. & cert. ef. 4-26-10; PH 4-2011, f. & cert. ef. 6-16-11

333-070-0125

Training Program Accreditation Required

(1) A training program may seek accreditation to offer courses in either of the following disciplines: renovator or dust sampling technician. A training program may also seek accreditation to offer refresher courses for each of the above listed disciplines.

(2) Application process. The following are procedures a training program must follow to receive Authority accreditation to offer renovator courses or dust sampling technician courses:

(a) A training program seeking accreditation shall submit a written application with the appropriate fee to the Authority containing the following information:

(A) The training program’s name, address, and telephone number;

(B) A list of courses for which it is applying for accreditation. For the purposes of this section, courses taught in different languages are considered different courses, and each must independently meet the accreditation requirements; and

(C) A statement signed by the training program manager certifying that the training program meets the requirements established in OAR 333-070-0130 and 333-070-0135. If a training program uses EPA model training materials, or training materials approved by an EPA-authorized program, the training program manager shall include a statement certifying that as well.

(b) If a training program does not use EPA model training materials or training materials approved by an EPA-authorized program, its application for accreditation shall also include:

(A) A copy of the student and instructor manuals, or other materials to be used for each course;

(B) A copy of the course agenda for each course; and

(C) When applying for accreditation of a course in a language other than English, a signed statement from a qualified, independent translator that they have compared the course to the English language version and found the translation to be accurate.

(c) All training programs shall include in their application for accreditation the following:

(A) A description of the facilities and equipment to be used for lecture and hands-on training;

(B) A copy of the course test blueprint for each course;

(C) A description of the activities and procedures that will be used for conducting the assessment of hands-on skills for each course; and

(D) A copy of the quality control plan as described in section (4) of OAR 333-070-0135.

(d) If the Authority receives an incomplete application, it will request that the applicant submit the missing information or fee within 30 days. If an applicant fails to submit the requested information or the fee, the application will be returned to the applicant. An applicant who has had its application returned may reapply at any time.

(e) If a training program meets the requirements in OAR 333-070-0130 and 333-070-0135, then the Authority will approve the application for accreditation no more than 60 days after receiving a complete application from the training program. In the case of approval, a certificate of accreditation shall be sent to the applicant.

(f) If the Authority denies the application it shall send the applicant a letter giving the reason for denying the application. An individual whose application is denied shall have the right to a contested case hearing under ORS chapter 183.

(g) If the applicant’s application is denied, the program may reapply for accreditation at any time.

(3) A training program may apply for accreditation to offer courses or refresher courses in as many disciplines as it chooses. A training program may seek accreditation for additional courses at any time as long as the program can demonstrate that it meets the requirements of OAR 333-070-0130 and 333-070-0135.

(4) A training program must not provide, offer, or claim to provide renovator or dust sampling technician courses without applying for and receiving accreditation from the Authority.

(5) Refresher courses only.

(a) A training program seeking accreditation to offer refresher training courses only shall submit a written application to the Authority containing the following information:

(A) The refresher training program’s name, address, and telephone number;

(B) A list of courses for which it is applying for accreditation;

(C) A statement signed by the training program manager certifying that:

(i) The refresher training program meets the minimum requirements established by section (18) of OAR 333-070-0135; and

(ii) The training program uses EPA-developed model training materials, or training materials approved by a state or Indian tribe that has been authorized by the EPA under 40 CFR §745.324 to develop its refresher training course materials, if applicable.

(D) If the refresher training course materials are not based on EPA-developed model training materials or training materials approved by an authorized state or Indian tribe:

(i) A copy of the student and instructor manuals to be used for each course; and

(ii) A copy of the course agenda for each course.

(E) A description of the facilities and equipment to be used for lecture and hands-on training;

(F) A copy of the course test blueprint for each course;

(G) A description of the activities and procedures that will be used for conducting the assessment of hands-on skills for each course (if applicable); and

(H) A copy of the quality control plan as described in section (4) of OAR 333-070-0135.

(b) If the Authority receives an incomplete application, it will request that the applicant submit the missing information or fee within 30 days. If an applicant fails to submit the requested information or the fee, the application will be returned to the applicant. An applicant who has had its application returned may reapply at any time.

(c) If a refresher training program meets the requirements in section (5) of this rule, then the Authority will approve the application for accreditation no more than 60 days after receiving a complete application from the training program. In the case of approval, a certificate of accreditation shall be sent to the applicant.

(d) If the Authority denies the application it shall send the applicant a letter giving the reason for denying the application. An applicant who receives a denial shall have the right to a contested case hearing under ORS chapter 183.

(6) Accreditation shall be valid for four years and shall not be transferrable.

(7) The Authority may accredit a training program that has been accredited by the EPA or an EPA-authorized state or tribal program upon receiving evidence of that accreditation and that the training program has:

(a) Completed any additional requirements established by the Authority; and

(b) The training manager has read and understands the accreditation standards as described in these rules.

(8) Accreditation based on a valid accreditation issued by EPA or an EPA-authorized state or tribal program shall be issued with an expiration date not to exceed the date of expiration listed on the EPA or EPA-authorized state or tribal accreditation.

Stat. Auth.: ORS 183.745, 431.920

Stats. Implemented: ORS 431.920

Hist.: PH 8-2010, f. & cert. ef. 4-26-10; PH 4-2011, f. & cert. ef. 6-16-11

333-070-0130

Minimum Personnel Requirements for Training Program Accreditation

For a training program to obtain accreditation from the Authority to offer renovator courses or dust sampling technician courses, the program shall:

(1) Employ a training manager who has:

(a) At least two years of experience, education, or training in teaching workers or adults; or

(b) A bachelor’s or graduate degree in building construction technology, engineering, industrial hygiene, safety, public health, education, business administration or program management or a related field; or

(c) Two years of experience in managing a training program specializing in environmental hazards; and

(d) Demonstrated experience, education, or training in the construction industry including: lead or asbestos abatement, painting, carpentry, renovation, remodeling, occupational safety and health, or industrial hygiene.

(2) Designate a qualified principal instructor for each course who has:

(a) Demonstrated experience, education, or training in teaching workers or adults;

(b) Successfully completed at least 16 hours of any EPA-accredited or EPA-authorized Lead-Based Paint Activities or Lead Renovation, Repair and Painting training program; and

(c) Demonstrated experience, education, or training in lead or asbestos abatement, painting, carpentry, renovation, remodeling, occupational safety and health, or industrial hygiene.

(3) Have a principal instructor responsible for the organization of the course and oversight of the teaching of all course material. The 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.

(4) Have documents that serve as evidence that training managers and principal instructors have the education, work experience, training requirements or demonstrated experience, specifically listed in sections (1) and (2) of this rule. This documentation need not be submitted with the accreditation application, but, if not submitted, shall be retained by the training program as required by the recordkeeping requirements contained in OAR 333-070-0150. Those documents include the following:

(a) Official academic transcripts or diploma as evidence of meeting the education requirements.

(b) Resumes, letters of reference, or documentation of work experience, as evidence of meeting the work experience requirements.

(c) Certificates from lead-specific training courses, as evidence of meeting the training requirements.

(5) Ensure the availability of, and provide adequate facilities for, the delivery of the lecture, course test, hands-on training, and assessment activities. This includes providing training equipment that reflects current work practices and maintaining or updating the equipment and facilities as needed.

Stat. Auth.: ORS 431.920

Stats. Implemented: ORS 431.920

Hist.: PH 8-2010, f. & cert. ef. 4-26-10; PH 4-2011, f. & cert. ef. 6-16-11

333-070-0135

Minimum Curriculum Requirements for Training Program Accreditation

(1) In order to become accredited in the following disciplines a training program shall provide training courses that meet the following training hour requirements:

(a) The renovator course must provide a minimum of eight training hours, with a minimum of two hours devoted to hands-on training activities. Hands-on training activities must cover renovation methods that minimize the creation of dust and lead-based paint hazards, interior and exterior containment and cleanup methods, and post-renovation cleaning verification.

(b) The dust sampling technician course shall provide a minimum of eight training hours, with a minimum of two hours devoted to hands-on training activities. Hands-on training activities must cover dust sampling methodologies.

(2) A student shall be required to pass a course test or a proficiency test and a hands-on-skill assessment for each course offered.

(a) The training manager is responsible for maintaining the validity and integrity of the hands-on skills assessment or proficiency test to ensure that it accurately evaluates the trainees’ performance of the work practices and procedures associated with the course topics contained in sections (16), (17) and (18) of this rule.

(b) The training manager is responsible for maintaining the validity and integrity of the course test to ensure that it accurately evaluates the trainees’ knowledge and retention of the course topics.

(c) The course test shall be developed in accordance with the test blueprint submitted with the training accreditation application.

(3) The training program shall issue unique course completion certificates to each individual who passes the training course. The course completion certificate shall include:

(a) The name, a unique identification number, and address of the individual;

(b) The name of the particular course that the individual completed;

(c) Dates of course completion/test passage; and

(d) For renovator and dust sampling technician course completion certificates, a photograph of the individual.

(4) The training manager shall develop and implement a quality control plan. The plan shall be used to maintain and improve the quality of the training program over time. This plan shall contain at least 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 principal instructor competency.

(5) Courses offered by the training program must teach the work practice standards contained in OAR 333-070-0090, in such a manner that trainees are provided with the knowledge needed to perform the renovations they will be responsible for conducting.

(6) The training manager shall be responsible for ensuring that the training program complies at all times with all of the requirements in this rule.

(7) The Authority may audit the training program to verify the contents of the application for accreditation as described in OAR 333-070-0130 and OAR 333-070-0135.

(8) The training manager shall provide the Authority with notification of all renovator or dust sampling technician courses offered. The original notification must be received by the Authority at least seven business days prior to the start date of any renovator or dust sampling technician course.

(9) The training manager shall provide the Authority updated notification when renovator or dust sampling technician courses will begin on a date other than the start date specified in the notification, as follows:

(a) For renovator or dust sampling technician courses beginning prior to the start date provided to the Authority, an updated notification must be received by the Authority at least seven business days before the new start date.

(b) For renovator or dust sampling technician courses beginning after the start date provided to the Authority, an updated notification must be received by the Authority at least two business days before the start date.

(10) The training manager shall update the Authority of any change in location of renovator or dust sampling technician courses at least seven business days prior to the start date.

(11) The training manager shall update the Authority regarding any course cancellations, or any other change to the original notification. Updated notifications must be received by the Authority at least two business days prior to the start date.

(12) Each notification required by sections (8) through (11) of this rule, including updates shall include the following:

(a) Notification type (original, update, cancellation);

(b) Training program name, the Authority accreditation number, address, and telephone number;

(c) Course discipline, type (initial/ refresher), and the language in which instruction will be given;

(d) Date(s) and time(s) of training;

(e) Training location(s), telephone number, and address;

(f) Principal instructor’s name; and

(g) Training manager’s name and signature.

(13) Renovator or dust sampling training courses may not begin on a date, or at a location other than that specified in the original notification unless an updated notification identifying a new start date or location is submitted, in which case the course must begin on the new start date and/or location specified in the updated notification.

(14) The training manager shall provide the Authority notification after the completion of any renovator or dust sampling technician course. This notice must be received by the Authority no later than 10 business days following course completion. The notification shall include the following:

(a) Training program name, accreditation number, address, and telephone number;

(b) Course discipline and type (initial/refresher);

(c) Date(s) of training;

(d) The following information for each student who took the course:

(A) Name;

(B) Address;

(C) Date of birth;

(D) Course completion certificate number;

(E) Course test score; and

(F) A digital photograph of the student;

(e) Training manager’s name and signature.

(15) Notifications required by this rule can be accomplished by using an Authority approved form or can be provided in writing with the information.

(a) All notifications shall be in writing and submitted to the Authority:

(A) By mail through the U.S. Postal Service or other commercial delivery service;

(B) By facsimile;

(C) In person; or

(D) Electronically via electronic mail or through the Authority’s web-based system if one is established.

(b) A training program providing notifications through the U.S. Postal Service should allow three additional business days for delivery in order to ensure that the Authority receives the notification by the required date.

(c) Instructions for notifications and sample forms can be obtained from the Authority’s website at www.healthoregon.org/lead.

(16) Renovator Training Course. A renovator training course shall include the following subjects:

(a) Role and responsibility of a renovator;

(b) Background information on lead and its adverse health effects;

(c) Background information on, HUD, OSHA, and other federal, state, and local regulations and guidance that pertains to lead-based paint and renovation activities;

(d) Procedures for using EPA recognized test kits to determine whether paint is lead-based paint;

(e) Renovation methods to minimize the creation of dust and lead-based paint hazards;

(f) Interior and exterior containment and cleanup methods;

(g) Methods to ensure that the renovation has been properly completed, including cleaning verification, and clearance testing;

(h) Waste handling and disposal;

(i) Providing on-the-job training to other workers; and

(j) Record preparation.

(17) Dust sampling technician. A dust sampling technician course shall include the following subjects:

(a) Role and responsibility of a dust sampling technician;

(b) Background information on lead and its adverse health effects;

(c) Background information on federal, state, and local regulations and guidance that pertains to lead-based paint and renovation activities;

(d) Dust sampling methodologies;

(e) Clearance standards and testing; and

(f) Report preparation.

(18) Requirements for the accreditation of refresher training programs. A training program may seek accreditation to offer refresher training courses in either of the following disciplines: renovator and dust sampling technician. To obtain the Authority accreditation to offer refresher training, a training program shall meet the following minimum requirements:

(a) Each refresher course shall review the curriculum topics of the full-length courses listed under sections (16) and (17) of this rule, as appropriate. In addition, to become accredited to offer refresher training courses, training programs shall ensure that their courses of study include, at a minimum, the following:

(A) An overview of current safety practices relating to lead-based paint in general, as well as specific information pertaining to the appropriate discipline.

(B) Current laws and regulations relating to lead-based paint in general, as well as specific information pertaining to the appropriate discipline.

(C) Current technologies relating to lead-based paint in general, as well as specific information pertaining to the appropriate discipline.

(D) Refresher courses for renovator and dust sampling technician must last a minimum of four training hours.

(E) For each course offered, the training program shall conduct a hands-on assessment (if applicable), and at the completion of the course, a course test.

(19) A training program may apply for accreditation of a refresher course concurrently with its application for accreditation of a corresponding training course as described in OAR 333-070-0135(1).

Stat. Auth.: ORS 431.920

Stats. Implemented: ORS 431.920

Hist.: PH 8-2010, f. & cert. ef. 4-26-10; PH 4-2011, f. & cert. ef. 6-16-11

333-070-0140

Re-Accreditation of Training Programs

(1) Unless reaccredited, a training program’s accreditation (including refresher training accreditation) shall expire four years after the date of issuance. If a training program meets the requirements of this rule, the training program shall be reaccredited.

(2) A training program seeking reaccreditation shall submit an application to the Authority no later than 60 days before its accreditation expires. If a training program does not submit its application for reaccreditation by that date, the Authority cannot guarantee that the program will be reaccredited before the end of the accreditation period.

(3) The training program’s application for reaccreditation shall contain:

(a) The training program’s name, address, and telephone number.

(b) A list of courses for which it is applying for reaccreditation.

(c) A description of any changes to the training facility, equipment or course materials since its last application was approved that adversely affects the student’s ability to learn.

(d) A statement signed by the program manager stating:

(A) That the training program complies at all times with all requirements in OAR 333-070-0130 and OAR 333-070-0135 as applicable; and

(B) The recordkeeping and reporting requirements of OAR 333-070-0150 shall be followed.

(e) A payment of appropriate fees in accordance with these rules.

(4) The Authority may audit the training program to verify the contents of the application for reaccreditation as described in OAR 333-070-0140.

(5) If the Authority receives an incomplete application, it will request that the applicant submit the missing information or fee within 30 days. If an applicant fails to submit the requested information or the fee, the application will be returned to the applicant. An applicant who has had its application returned may reapply at any time.

(6) If a training program meets the requirements in section (2) of this rule, then the Authority will approve the application for reaccreditation no more than 60 days after receiving a complete application from the training program. In the case of approval, a certificate of accreditation shall be sent to the applicant.

(7) If the Authority denies the application it shall send the applicant a letter giving the reason for denying the application. An applicant whose application is denied shall have the right to a contested case hearing under ORS chapter 183.

Stat. Auth.: ORS 431.920

Stats. Implemented: ORS 431.920

Hist.: PH 8-2010, f. & cert. ef. 4-26-10; PH 4-2011, f. & cert. ef. 6-16-11

333-070-0145

Suspending, Revoking, or Denying a Training Program’s Accreditation; Civil Penalties

(1) The Authority may:

(a) Enter private or public property at any reasonable time with consent of the owner or custodian of the property to inspect or investigate as necessary to determine compliance with ORS 431.920;

(b) Issue subpoenas to determine compliance with ORS 431.920;

(c) Suspend, revoke, or deny an accreditation if the holder of the accreditation fails to comply with state or federal statutes or regulations related to lead-based paint; and

(d) Issue civil penalties not to exceed $5,000 per violation for a violation of ORS 431.920, or any of these rules, including failure or refusal to permit entry or inspection in accordance with this rule.

(A) In issuing civil penalties the Authority shall consider whether:

(i) The Authority made repeated attempts to obtain compliance;

(ii) The training program has a history of noncompliance with environmental statutes or regulations;

(iii) The violation poses a serious risk to the public’s health;

(iv) The training program gained financially from the noncompliance; and

(v) There are mitigating factors, such as the training program’s cooperation with an investigation or actions to come into compliance.

(B) The Authority shall document its consideration of the factors in paragraph (1)(d)(A) of this rule.

(C) Each day a violation continues is an additional violation.

(D) A civil penalty imposed under this rule shall comply with ORS 183.745.

(2) An accredited training program that is issued a notice of suspension, revocation or denial shall have the right to a contested case hearing under ORS chapter 183.

(3) The Authority shall maintain a publicly available list of training programs whose accreditation has been suspended, revoked, denied, or reinstated.

(4) Unless a final order specifies otherwise:

(a) An accredited training program whose accreditation has been revoked may reapply for reaccreditation after one year from the date of revocation.

(b) If the training program’s accreditation has been suspended and the suspension ends less than four years after the training program was initially accredited or reaccredited, the training program does not need to do anything to reactivate its accreditation once the period of suspension has expired.

Stat. Auth.: ORS 431.920

Stats. Implemented: ORS 431.920

Hist.: PH 8-2010, f. & cert. ef. 4-26-10; PH 4-2011, f. & cert. ef. 6-16-11

333-070-0160

Accreditation Fees

The following fees are established:

(1) Course Fee Schedule:

(a) Course — Accreditation Fee — Reaccreditation fee:

(b) Renovator Initial — $560 — $340:

(c) Dust Sampling Technician Initial — $560 — $340:

(d) Renovator Refresher — $400 — $310:

(e) Dust Sampling Technician Refresher — $400 — $310

(2) Student Fee Schedule:

(a) Course — Fee:

(b) Renovator Initial — $17:

(c) Renovator Refresher — $17:

(d) Dust Sampling Technician Initial — $17:

(e) Dust Sampling Refresher — $17.

(f) The student fee is to be paid by the training program at the completion of each training course. The $17 fee is per student that successfully completes the course. The fee shall be paid by the training program to the Authority within 10 days after completion of the training course.

(3) Fee Waivers. A training program, that has applied for accreditation by the EPA to provide Renovator or Dust Sampling Technician training may request a waiver of the accreditation fees if the training program provides documentation that the date of application for accreditation by EPA or date of accreditation is prior to May 3, 2010.

(4) Firms with current accreditation by EPA or an EPA-authorized state or tribal program shall pay a prorated fee of the appropriate fee listed above, divided by 48, times the number of months remaining in the current accreditation, beginning with the month following application to the Authority.

Stat. Auth.: ORS 431.920

Stats. Implemented: ORS 431.920

Hist.: PH 8-2010, f. & cert. ef. 4-26-10; PH 4-2011, f. & cert. ef. 6-16-11

 

Rule Caption: Change of agency name and definition as a result of HB 2009 (2009).

Adm. Order No.: PH 5-2011(Temp)

Filed with Sec. of State: 7-1-2011

Certified to be Effective: 7-1-11 thru 12-27-11

Notice Publication Date:

Rules Amended: 333-003-0010, 333-003-0065, 333-004-0010, 333-008-0010, 333-008-0070, 333-009-0000, 333-010-0105, 333-010-0205, 333-012-0050, 333-015-0030, 333-015-0100, 333-020-0125, 333-025-0100, 333-027-0005, 333-030-0015, 333-048-0010, 333-052-0040, 333-053-0040, 333-054-0010, 333-061-0020, 333-100-0005, 333-102-0203, 333-106-0005, 333-106-0101, 333-119-0010, 333-175-0021, 333-536-0005, 333-700-0005

Subject: The Oregon Health Authority, Public Health Division is temporarily amending rules throughout all of chapter 333. The amendments are mainly in the “definitions” rules of the chapter, and change the name of the agency and the subsequent definition of that name.

      These amendments are necessary due to legislation passed by the 75th Legislative Assembly during the 2009 regular session. HB 2009 created the Oregon Health Authority and transferred to the Authority the Department of Human Services’ (Department) Divisions with respect to health and health care. Consequently, the Public Health Division is now in the Oregon Health Authority and is no longer a part of the Department of Human Services as defined in statute. Amendments need to be made to the chapter 333 rules to change references of “Department” to “Authority” and “Authority” must be defined. Most other changes of the agency name from “Department” to “Authority” throughout the chapter 333 rules have been made by housekeeping changes as allowed by ORS 183.335(7)(a) and are therefore not a part of this rulemaking.

Rules Coordinator: Brittany Sande—(971) 673-1291

333-003-0010

Definitions

For purposes of OAR 333-003-0020 through 333-003-0080, the following definitions apply:

(1) “Authority” means the Oregon Health Authority.

(2) “Bioterrorism” has the meaning given that term in ORS 433.442.

(3) “Communicable disease” has the meaning given that term in ORS 431.260.

(4) “Condition of public health importance” has the meaning given that term in ORS 431.260.

(5) “Health care provider” has the meaning given that term in ORS 433.443.

(6) “HIPAA” means the Health Insurance Portability and Accountability Act of 1996 and regulations adopted there under by the United States Department of Health and Human Services.

(7) “Individually identifiable health information” has the meaning given that term in ORS 433.443.

(8) “Local public health administrator” has the meaning given that term in ORS 431.260.

(9) “Local public health authority” has the meaning given that term in ORS 431.260.

(10) “Public health emergency” has the meaning given that term in ORS 433.442.

(11) “Public health law” has the meaning given that term in ORS 431.260.

(12) “Reportable disease” has the meaning given that term in ORS 431.260.

(13) “State Public Health Director” is the person appointed by the Director of the Oregon Health Authority under ORS 431.035(3) or his or her designee.

(14) “Strategic National Stockpile (SNS)” means the national repository of antibiotics, chemical antidotes, antitoxins, life-support medications, IV administration, airway maintenance supplies, and medical/surgical items, designed to supplement and re-supply state and local public health agencies in the event of a national emergency anywhere and at anytime within the U.S. or its territories.

Stat. Auth.: ORS 413.042

Stats. Implemented: ORS 431.264 & 433.441 - 433.452

Hist.: PH 25-2004, f. & cert. ef. 7-16-04; PH 8-2008, f. & cert. ef. 5-5-08; PH 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11

333-003-0065

Civil Penalties

(1) Any person or entity that fails to comply with a protocol, order, other requirement imposed by the Public Health Director under ORS 431.262, 431.264, or 433.443 or these rules is subject to the imposition of civil penalties not to exceed $500 per day per violation.

(2) In determining the amount of a civil penalty the Authority shall consider whether:

(a) The Authority made repeated attempts to obtain compliance;

(b) The person or entity has a history of noncompliance with public health laws; and

(c) The violation poses a serious risk to the public’s health.

(3) Each day a violation continues will be considered an additional violation.

(4) A notice of imposition of civil penalties shall comply with ORS 183.745.

Stat. Auth.: ORS 413.042, 433.441 - 433.452

Stats. Implemented: ORS 433.441 - 433.452

Hist.: PH 8-2008, f. & cert. ef. 5-5-08; PH 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11

333-004-0010

Definitions

(1) “Acquisition cost” means the net amount paid per invoice line item to a pharmaceutical manufacturer, supplier or distributor for a contraceptive supply, plus any shipping and handling that is supported by the invoice.

(2) “Approved medical services agreement” means the completed Family Planning Expansion Project agreement, submitted to and approved by the Office of Family Health.

(3) “Authority” means the Oregon Health Authority.

(4) “Citizenship verification” means confirming a client’s claim of U.S. citizenship through documentation of a certified birth record, passport or other document(s) deemed acceptable proof of U.S. citizenship by the federal government.

(5) “CLIA” means the Clinical Laboratory Improvement Amendments of 1988, which establishes quality standards for all laboratory testing to ensure the accuracy, reliability and timeliness of patient test results, and allows for certification of clinical laboratories operating in accordance with these federal amendments.

(6) “Client” means a person of any age or gender who is enrolled in and receives contraceptive management services from the Family Planning Expansion Project.

(7) “Client Visit Record” or “CVR” means the form or set of information that is completed for each client visit, and that is used as a data collection instrument and a billing claim form for the Family Planning Expansion Project.

(8) “CMS” means the Centers for Medicare and Medicaid Services, located within the federal Department of Health and Human Services.

(9) “Contraceptive management” means a limited scope of family planning services as described in OAR 333-004-0040.

(10) “DMAP” means the Division of Medical Assistance Programs, within the Oregon Health Authority.

(11) “Established client” means a person who has been obtaining contraceptive services/supplies from the prescribing clinic for a minimum of three consecutive months.

(12) “Family Planning Expansion Project” or “FPEP” means the Medicaid waiver program that provides statewide family planning services to eligible clients, that is administered by the Office of Family Health within the Oregon Health Authority.

(13) “Family planning services” means services provided to clients of childbearing age, including minors who can be considered to be sexually active, who desire such services and that are intended to prevent pregnancy or otherwise limit family size.

(14) “Family planning service provider” or “provider” means a licensed health care provider operating within a scope of practice, who is authorized by the Office of Family Health to bill for contraceptive management services for eligible Family Planning Expansion Project clients.

(15) “FPEP Eligibility Database” means the web-based database designed and managed by the Office of Family Health for the statewide collection, tracking and storage of FPEP client eligibility information.

(16) “FPL” means the federal poverty level guidelines established each year by the Department of Health and Human Services, used to determine eligibility for the Family Planning Expansion Project and other federally funded programs.

(17) “Lawful Permanent Resident” means a person who, notwithstanding other eligibility requirements, is a qualified non-citizen as described in OAR 461-120-0125(4).

(18) “OFH” means the Office of Family Health, the office within the Oregon Health Authority, Public Health Division that administers the Family Planning Expansion Project.

(19) “Project number” means the administrative number assigned by the Office of Family Health to a family planning agency.

(20) “School-Based Health Center” means a health center certified by the School-Based Health Center Program located within the Office of Family Health.

(21) “Site number” means the administrative number assigned by the Office of Family Health to each clinic within a family planning agency.

Stat. Auth.: ORS 413.042

Stats. Implemented: ORS 413.042

Hist.: PH 4-2005, f. & cert. ef. 2-18-05; PH 3-2007(Temp), f. 2-23-07, cert. ef. 4-1-07 thru 9-28-07; PH 5-2007, f. 4-9-07, cert. ef. 4-23-07; PH 2-2009, f. & cert. ef. 3-2-09; PH 10-2010, f. & cert. ef. 6-30-10; PH 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11

333-008-0010

Definitions

For the purposes of OAR 333-008-0000 through 333-008-0120, the following definitions apply:

(1) “Act” means the Oregon Medical Marijuana Act.

(2) “Applicant” means a person applying for an Oregon Medical Marijuana registry identification card on a form prescribed by the Authority.

(3) “Attending physician” means a Doctor of Medicine (MD) or Doctor of Osteopathy (DO), licensed under ORS chapter 677, who has primary responsibility for the care and treatment of a person diagnosed with a debilitating medical condition.

(4) “Authority” means the Oregon Health Authority.

(5) “Debilitating medical condition” means:

(a) Cancer, glaucoma, agitation due to Alzheimer’s disease, positive status for human immunodeficiency virus or acquired immune deficiency syndrome, or treatment for these conditions;

(b) A medical condition or treatment for a medical condition that produces, for a specific patient, one or more of the following:

(A) Cachexia;

(B) Severe pain;

(C) Severe nausea;

(D) Seizures, including but not limited to seizures caused by epilepsy; or

(E) Persistent muscle spasms, including but not limited to spasms caused by multiple sclerosis; or

(c) Any other medical condition or treatment for a medical condition adopted by the Authority by rule or approved by the Authority pursuant to a petition submitted under OAR 333-008-0090.

(6) “Delivery” means the actual, constructive or attempted transfer, other than by administering or dispensing, from one person to another of a controlled substance, whether or not there is an agency relationship, but does not include transfer of marijuana from one patient to another patient if no consideration is paid for the transfer.

(7) “Designated primary caregiver” means an individual 18 years of age or older who has significant responsibility for managing the well-being of a person who has been diagnosed with a debilitating medical condition and who is designated as such on that person’s application for a registry identification card or in other written notification to the Authority. “Designated primary caregiver” does not include the person’s attending physician.

(8) “Grow site registration card” means the card issued to the patient and displayed at the grow site.

(9) “Grower” has the same meaning as “person responsible for a marijuana grow site”.

(10) “Immature plant” has the same meaning as “seedling or start”.

(11) “Marijuana” means all parts of the plant Cannabis family Moraceae, whether growing or not; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

(12) “Mature plant” means a marijuana plant that does not fall within the definition of a seedling or a start.

(13) “Medical use of marijuana” means the production, possession, delivery, or administration of marijuana, or paraphernalia used to administer marijuana, as necessary for the exclusive benefit of a person to mitigate the symptoms or effects of his or her debilitating medical condition.

(14) “Oregon Health Plan (OHP)” means the medical assistance program administered by the Authority under ORS chapter 414.

(15) “OMMP identity card” means a wallet-sized card issued by the Authority in addition to the registry identification card that designates a person as a patient, primary caregiver, or grower.

(16) “Parent or legal guardian” means the custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age.

(17) “Patient” has the same meaning as “registry identification cardholder.”

(18) “Person responsible for a marijuana grow site” means a person who has been selected by a patient to produce medical marijuana for the patient, and who has been registered by the Authority for this purpose.

(19) “Primary responsibility” as that term is used in relation to an attending physician means that the physician:

(a) Provides primary health care to the patient; or

(b) Provides medical specialty care and treatment to the patient as recognized by the American Board of Medical Specialties; or

(c) Is a consultant who has been asked to examine and treat the patient by the patient’s primary care physician licensed under ORS chapter 677, the patient’s physician assistant licensed under ORS chapter 677, or the patient’s nurse practitioner licensed under ORS chapter 678; and,

(d) Has reviewed a patient’s medical records at the patient’s request and has conducted a thorough physical examination of the patient, has provided or planned follow-up care, and has documented these activities in the patient’s medical record.

(20) “Production” includes the manufacture, planting, cultivation, growing or harvesting of a controlled substance.

(21) “Registry identification card” means a document issued by the Authority that identifies a person authorized to engage in the medical use of marijuana, and the person’s designated primary caregiver, if any.

(22) “Registry identification cardholder” means a person who has been diagnosed by an attending physician with a debilitating medical condition and for whom the use of medical marijuana may mitigate the symptoms or effects of the person’s debilitating medical condition, and who has been issued a patient registry identification card by the Authority.

(23) “Seedling or start” means a marijuana plant that has no flowers, is less than 12 inches in height, and less than 12 inches in diameter. A seedling or start that does not meet all three criteria will be considered a mature plant.

(24) “Supplemental Security Income (SSI)” means the monthly benefit assistance program administered by the federal government for persons who are age 65 or older, or blind, or disabled and who have limited income and financial resources.

(25) “Usable marijuana” means the dried leaves and flowers of the plant Cannabis family Moraceae, and any mixture or preparation thereof, that are appropriate for medical use. “Usable marijuana” does not include the seeds, stalks and roots of the plant.

(26) “Written documentation” means a statement signed and dated by the attending physician of a person diagnosed with a debilitating medical condition or copies of the person’s relevant medical records, maintained in accordance with standard medical record practices.

Stat. Auth.: ORS 475.338

Stats. Implemented: ORS 475.300 - 475.346

Hist.: OHD 15-1998(Temp), f. & cert. ef. 12-24-98 thru 6-22-99; OHD 3-1999, f. & cert. ef. 4-29-99; OHD 13-2000(Temp), f. & cert. ef. 12-21-00 thru 6-15-01; OHD 18-2001, f. & cert. ef. 8-9-01; OHD 19-2001(Temp), f. & cert. ef. 8-10-01 thru 1-31-02; Administrative correction 3-14-02; OHD 6-2002, f. & cert. ef. 3-25-02; PH 9-2003, f. 6-26-03, cert. ef. 7-1-03; PH 18-2005, f. 12-30-05, cert. ef. 1-1-06; PH 15-2007, f. 12-19-07, cert. ef. 1-1-08; PH 21-2010, f. & cert. ef. 9-13-10; PH 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11

333-008-0070

Suspension and Revocation

(1) The Authority may suspend a registry identification card, and preclude a person from using a registry identification card for a period of up to six months if the Authority obtains evidence that establishes a registry identification cardholder has:

(a) Committed egregious violations of the Act, including obtaining a registry identification card by fraud;

(b) Committed multiple or continuing violations of the Act; or

(c) Been convicted of a marijuana-related offense.

(2) The Authority shall send written notice of a suspension by certified mail. The notice shall comply with ORS 183.415, and shall include the right to request a contested case hearing. The request for hearing must be received within 21-days from the date the notice was mailed.

(3) The Authority shall revoke the registry identification card of a cardholder if a court has issued an order that prohibits the cardholder from participating in the medical use of marijuana or otherwise participating in the OMMP under ORS 475.300 to 475.346. The cardholder shall return the registry identification card to the Authority within seven calendar days.

(4) The cardholder shall return the registry identification card to the Authority within seven calendar days of the final order of suspension being issued. If the cardholder is a patient, the patient shall return his or her card and all other associated OMMP cards.

(5) If, during the period of suspension, a patient’s annual renewal date comes due, the patient must apply for renewal at the end of the period of suspension.

Stat. Auth.: ORS 475.338

Stats. Implemented: ORS 475.300 - 475.346

Hist.: OHD 3-1999, f. & cert. ef. 4-29-99; OHD 18-2001, f. & cert. ef. 8-9-01; PH 18-2005, f. 12-30-05, cert. ef. 1-1-06; PH 15-2007, f. 12-19-07, cert. ef. 1-1-08; PH 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11

333-009-0000

Definitions

For the purpose of OAR 333-009-0000 through 333-009-0030, the following definitions apply.

(1) “Act” means the “Oregon Death with Dignity Act” or Measure 16 as adopted by the voters on November 8, 1994.

(2) “Adult” means an individual who is 18 years of age or older.

(3) “Attending Physician” means the physician who has primary responsibility for the care of the patient and treatment of the patient’s terminal disease.

(4) “Authority” means the Oregon Health Authority.

(5) “Capable” means that in the opinion of a court or in the opinion of the patient’s attending physician or consulting physician, psychiatrist or psychologist, a patient has the ability to make and communicate health care decisions to health care providers, including communication through persons familiar with the patient’s manner of communicating, if those persons are available.

(6) “Consulting physician” means a physician who is qualified by specialty or experience to make a professional diagnosis and prognosis regarding the patient’s disease.

(7) “Counseling” means one or more consultations as necessary between a state licensed psychiatrist or psychologist and a patient for the purpose of determining that the patient is capable and not suffering from a psychiatric or psychological disorder or depression causing impaired judgment.

(8) “Dispensing Record” means a copy of the pharmacy dispensing record form.

(9) “Health Care Facility” shall have the meaning given in ORS 442.015.

(10) “Health Care Provider” means a person licensed, certified or otherwise authorized or permitted by the law of this state to administer health care or dispense medication in the ordinary course of business or practice of a profession and includes a health care facility.

(11) “Patient” means a person who is under the care of a physician.

(12) “Physician” means a doctor of medicine or osteopathy licensed to practice medicine by the Oregon Medical Board.

(13) “Qualified patient” means a capable adult who is a resident of Oregon and has satisfied the requirements of this Act in order to obtain a prescription for medication to end his or her life in a humane and dignified manner.

Stat. Auth.: ORS 127.865

Stats. Implemented: ORS 127.800-127.995

Hist.: HD 15-1997(Temp), f. & cert. ef. 11-6-97; OHD 4-1998, f. & cert. ef. 5-4-98; OHD 12-1999, f. & cert. ef. 12-28-99; PH 24-2006, f. & cert. ef. 10-19-06; PH 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11

333-010-0105

Definitions

(1) “Ancillary provider” means a provider that performs services beyond the scope of an enrolling provider. Ancillary providers may include laboratories, imaging centers, surgeons and surgical facilities, and hospitals.

(2) “Agency number” means the administrative number assigned to the service provider by the Office of Family Health (OFH) for identification as a BCCP provider.

(3) “Approved medical services agreement” means the completed Breast and Cervical Cancer Program agreement, submitted to and approved by the Office of Family Health.

(4) “Authority” means the Oregon Health Authority.

(5) “BCCM” means the Breast and Cervical Cancer Medical Program. ORS 414.534, 414.536.

(6) “BCCP” means the Oregon Breast and Cervical Cancer Program.

(7) “BCCP Provider Network” means the combination of all contracted BCCP providers, including enrolling and ancillary providers.

(8) “Breast and Cervical Cancer Program” means the program that provides statewide breast and cervical cancer screening and diagnostic services to eligible clients, that is administered by the Office of Family Health within the Oregon Health Authority.

(9) “Care coordination or case management” means that a client is provided with services, results, follow-up recommendations, and active tracking of progress towards follow-up recommendations.

(10) “CLIA” means the federal Clinical Laboratory Improvement Amendments of 1988, establishes quality standards for all laboratory testing to ensure the accuracy, reliability and timeliness of patient test results, and allows for certification of clinical laboratories operating in accordance with these federal amendments.

(11) “Client” means a person of any age or gender who is enrolled in and receives screening or diagnostic services from the Breast and Cervical Cancer Program.

(12) “Enrolling provider” means a provider that enrolls a client into the Breast and Cervical Cancer Program, provides care coordination for the BCCP client and timely data submission to the BCCP.

(13) “FPL” means the federal poverty level guidelines established each year by the Department of Health and Human Services, used to determine eligibility for BCCP and other federally funded programs.

(14) “HIPAA” means the Health Insurance Portability and Accountability Act.

(15) “OFH” means the Office of Family Health, the office within the Oregon Health Authority that administers the Breast and Cervical Cancer Program.

(16) “Service provider” or “provider” means a licensed health care provider operating within a scope of practice, who is authorized by OFH to bill for breast and cervical cancer screening and diagnostic services for eligible BCCP clients.

(17) “Site number” means the administrative number assigned to the family planning service provider by OFH for identification of the geographic location of each BCCP provider.

(18) “Underinsured” means that insurance does not pay for preventive health exams that provide breast or cervical screening or diagnostic services, such as a mammogram or Pap smear, or that the deductible is $500 or more.

Stat. Auth.: ORS 413.042

Stats. Implemented: 413.042

Hist.: PH 9-2008, f. & cert. ef. 6-16-08; PH 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11

333-010-0205

Definitions

(1) “Agency number” means the administrative number assigned to the service provider by the Office of Family Health (OFH) for identification as a BCCP/WW provider.

(2) “Ancillary provider” means an individual or entity that has met the eligibility requirements for enrollment in the WW Program, has executed a medical services agreement with the OFH, has been assigned a BCCP/WW Program agency number, and performs services beyond the scope of an enrolled provider, such as laboratory, imaging, or surgical services.

(3) “Approved medical services agreement” means the completed WW Program agreement, submitted to and approved by the Office of Family Health.

(4) “Authority” means the Oregon Health Authority.

(5) “BCCP” means the Oregon Breast and Cervical Cancer Program.

(6) “Care coordination” or “case management” means that a client is provided with services, results, follow-up recommendations, and active tracking of progress towards follow-up recommendations.

(7) “CLIA” means the federal Clinical Laboratory Improvement Amendments of 1988 (P.L. 100-578, 42 U.S.C. 201 and 263a)

(8) “Client” means a woman 40 to 64 years of age who is enrolled in and receives screening or services from the WW Program.

(9) “Enrolled provider” means an individual or entity that has met the eligibility requirements for enrollment in the WW Program, has executed a medical services agreement with the OFH, has been assigned a BCCP/WW Program agency number, and provides screening, services, or care coordination for WW Program clients.

(10) “FPL” means the federal poverty level guidelines established each year by the United States Department of Health and Human Services, used to determine eligibility for the WW Program and other federally funded programs.

(11) “HIPAA” means the Health Insurance Portability and Accountability Act.

(12) “OFH” means the Office of Family Health, within the Oregon Health Authority, Public Health Division.

(13) “Site number” means the administrative number assigned to the family planning service provider by OFH for identification of the geographic location of each WW provider.

(14) “Underinsured” means that a client’s insurance does not pay for heart disease, stroke and diabetes screenings or services, such as cholesterol, triglyceride, A1C, and glucose testing and consultations.

(15) “WISEWOMAN (WW) Program” or “WW Program” means the program that provides statewide heart disease, stroke and diabetes screening and services to eligible clients, that is administered by the OFH.

(16) “WW Program provider network” means the combination of all contracted WW Program providers, including enrolling and ancillary providers.

Stat. Auth.: ORS 413.042

Stats. Implemented: ORS 413.042, 431.250

Hist.: PH 1-2009, f. & cert. ef. 2-13-09; PH 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11

333-012-0050

General Rules Applicable to All Programs

(1) The purpose of these rules is to establish standards under which local public health authorities will provide environmental health services to establishments and facilities licensed under ORS chapters 446, 448 and 624.

(2) Definitions:

(a) “Administrative Costs” means those costs that are over the direct costs of providing delegated program services. These include actual departmental, agency or central government charges such as, but not limited to, accounting, purchasing, human resources, data management, legal council and central mail functions;

(b) “Administrator” means the Assistant Director for the Public Health Division of the Oregon Health Authority or an authorized representative;

(c) “Authority” means the Oregon Health Authority.

(d) “Complete Inspection” means the evaluation of a licensed establishment or facility conducted at the election of the local public health authority for compliance with all applicable regulations;

(e) “Consultation Services Remittance” means the biennial assessment of the Authority for consultation services and maintenance of the Foodborne Illness Prevention, Public Swimming Pool and Tourist Facility Programs;

(f) “Direct Costs” mean those costs for salaries and benefits of field and support staff and their associated costs including, but not limited to, rent, vehicles and travel, equipment, data management, training, phone, office supplies and the pro-rated portion of direct costs relating to supervision;

(g) “Fiscal Audit” means a comprehensive audit using standard audit procedures of the financial records of the local public health authority related to licenses and fees;

(h) “Local Public Health Authority” means county governments or health districts established under ORS 431.414 that are responsible for management of local public health services;

(i) “Recheck Inspection” means an inspection to determine whether specified corrections have been made or alternative procedures maintained for violations identified in previous inspections. In food service establishments, a recheck inspection also means an inspection to determine whether specific corrections have been maintained for critical violations creating a significantly increased risk for foodborne illness. Recheck inspections may be conducted either on pre-announced dates or unannounced.

Stat. Auth.: ORS 446.425, 448.100 & 624.510

Stats. Implemented: ORS 446.425, 448.100 & 624.510

Hist.: HD 105, f. & ef. 2-5-76; HD 1-1979, f. & ef. 1-18-79; HD 9-1994, f. & cer