§ 20-27-2501. Title

This subchapter shall be known and may be cited as the “Arkansas Lead-Based Paint Hazard Act of 2011”.

§ 20-27-2502. Legislative intent

In the interest of public health and safety and the environment and to qualify the Department of Health to adopt, administer, and enforce a program for licensing lead-based paint activities, training programs, procedures, and requirements for the licensing and certification of individuals and firms engaged in lead-based paint activities and work practice standards for performing […]

§ 20-27-2503. Definitions

As used in this subchapter: (1) (A) “Abatement” means any measures or set of measures that results in the permanent elimination of lead-based paint hazards. (B) “Abatement” includes without limitation: (i) The removal of lead-based paint and lead-contaminated dust; (ii) The permanent enclosure or encapsulation of lead-based paint; (iii) The replacement of lead-painted surfaces or […]

§ 20-27-2504. Criminal, civil, and administrative penalties

(a) (1) A firm, person, or corporation that violates this subchapter or an order or rule adopted under this subchapter commits a misdemeanor punishable by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by imprisonment not exceeding one (1) month, or both. (2) Each day […]

§ 20-27-2505. Powers and duties

The Department of Health shall administer and enforce this subchapter with the powers and duties to: (1) Require and regulate training and examinations for individuals engaged in performing lead-based paint activities under this subchapter; (2) Establish standards and procedures for the licensing and certification of firms and individuals engaged in lead-based paint activities and training […]

§ 20-27-2506. State Board of Health — Rules

The State Board of Health shall adopt rules necessary to: (1) Establish annual license and certification fees for firms, training providers, and individuals; (2) Recover the costs of processing license applications and the issuance of licenses and certifications; and (3) Establish other fees necessary to recover the costs of enforcing this subchapter.

§ 20-27-2507. Collection of fees

The Department of Health shall collect fees, rates, tolls, or charges for the services delivered by the department in a manner the department deems necessary to support the activities under this subchapter.

§ 20-27-2508. License required — Exceptions

(a) A consultant, contractor, or training provider shall obtain a license from the Department of Health to conduct lead-based paint activities before actively engaging in any lead-based paint hazard activities in this state. (b) (1) An application for a license shall be made in the manner and form required by the department. (2) An application […]

§ 20-27-2509. Unlawful acts

It is unlawful for a person to: (1) Conduct lead-based paint activities without having first obtained a license or certification, or both, from the Department of Health when acting as a contractor, consultant, training provider, inspector, project designer, risk assessor, supervisor, or worker; (2) Violate this subchapter or any rule or order adopted or issued […]