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- On and after the effective date of regulations promulgated by the commissioner pursuant to this chapter, no person shall perform or represent that such person is qualified to perform any lead-based paint activities without having received the appropriate certification from the department, unless such person is:
- An owner performing abatement upon that person’s own residential property;
- An employee of a property management company doing routine cleaning and repainting upon property managed by that company, where there is insignificant damage to, wear of, or corrosion of existing lead-containing paint or coating substances; or
- An owner routinely cleaning or repainting the owner’s property, where there is insignificant damage to, wear of, or corrosion of existing lead-containing paint or coating substances.
- “Lead based paint activities,” as used in this part has the same meaning as in the rules promulgated by the United States environmental protection agency for the federal lead-based paint program under the Toxic Substances Control Act, compiled in 15 U.S.C. § 2601 et seq. This includes lead-based paint inspection, risk assessment, and abatement activities, but 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 structure, even though these activities may incidentally result in a reduction or elimination of lead-based paint hazards.
- Failure of a lead-based paint abatement contractor to conduct lead-based paint activities in accordance with the requirements of the rules promulgated pursuant to this chapter is unlawful.
- Failure or refusal to establish, maintain, provide, copy, or permit access to records or reports required by the rules promulgated under this chapter is unlawful.
- Failure or refusal to permit entry or inspection as required by § 68-131-403 is unlawful.
- Failure of anyone, including a renovator of target housing, to comply with the requirements of the rules promulgated under this part is unlawful.
