§16-35-1. Short Title
This article may be cited as the West Virginia "Lead Abatement Act."
§16-35-10. Accreditation of Lead Abatement Training Courses
(a) The director shall propose legislative rules establishing criteria and procedures for certification of training course curricula and examinations that shall ensure the qualifications of applications for licensure or certification as required in this article. To qualify for certification, a training course shall contain a combination of class instruction, practical application, and public health procedures […]
§16-35-11. Suspension or Revocation of License; Violations; Hearings
(a) The director may suspend or revoke a lead abatement discipline license if the licensee: (1) Fraudulently or deceptively obtains or attempts to obtain a license or knowingly aids another in such fraud or deception;
§16-35-12. Special Revenue Account
The director shall deposit all moneys collected as fees and civil penalties under the provisions of this article a special account in the State Treasury to be known as the "lead abatement account". Expenditures from said fund shall be for the purposes set forth in this article and are not authorized from collections but are […]
§16-35-13. Penalties and Fines
(a) The director may impose a civil penalty of not less than $250 and not more than $5,000 for each separate violation of this article or any rules promulgated hereunder. In any case where a person fails to halt work following the issuance of a cease and desist order by the director, the violation shall […]
§16-35-2. Legislative Findings
(a) The Legislature hereby finds and declares that: (1) Lead is a toxic substance and harmful to the citizens of this state;
§16-35-3. Definitions
(a) "Abatement" means any measure or set of measures designed to permanently eliminate lead-based paint hazards. Abatement includes, but is not limited to: (1) 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;
§16-35-4. Powers and Duties of the Director
The director shall administer and enforce this article, and has the following powers and duties: (1) To propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, necessary to carry out the requirements of this article, including, but not limited to, abatement personnel training guidelines, procedures for […]
§16-35-4a. Duty of Director to Establish Program for Early Identification of Lead Poisoning in Children
(a) The director shall establish a program for early identification of cases of lead poisoning. The program shall include a systematic screening of all children under six years of age for the presence of lead poisoning. The director shall, after consultation with recognized professional medical groups and such other sources as he deems appropriate, propose […]
§16-35-5. Lead Discipline License Required
(a) It is unlawful for any individual to carry out any lead-risk assessment, inspection or abatement activity for which he or she does not hold an appropriate lead discipline license. (b) To qualify for a lead discipline license an applicant shall: (1) Satisfactorily complete a state-accredited training course for a lead discipline and receive a […]
§16-35-6. Lead Abatement Contractor's Duties
A lead abatement contractor shall: (1) Ensure that each of his or her employees or agents who will come in contact with lead or who will be responsible for a lead abatement project is licensed as required by this article;
§16-35-7. Exemptions From Notification and Licensure
(a) Homeowners performing lead abatement or interim abatement controls on their single unit owner-occupied housing are exempt from the requirements of this article: Provided, That the provisions of this section do not apply to any residential dwelling occupied by a person or persons other than the owner or the owner's immediate family as well as […]
§16-35-8. Notification of Elevated Blood-Lead Levels Required
The director may, by legislative rule, establish requirements for laboratories and lead abatement contractors for mandatory reporting of any persons medically confirmed elevated blood-lead level.
§16-35-9. Notification of Lead Abatement Projects Required
Each owner or other person responsible for the operation of a building, facility, residence or structure where a lead abatement project is to occur shall notify the division in the time specified by the director prior to commencement of each lead abatement project, and comply with all applicable state and federal regulatory requirements for a […]