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The Oregon Administrative Rules contain OARs filed through December 15, 2016
 
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OREGON HEALTH AUTHORITY,
PUBLIC HEALTH DIVISION

 

DIVISION 70

PRE-RENOVATION EDUCATION AND RENOVATION, REPAIR AND
PAINTING ACTIVITIES INVOLVING LEAD-BASED PAINT

333-070-0115 [Renumbered to 333-070-0210]

333-070-0120 [Renumbered to 333-070-0220]

333-070-0145 [Renumbered to 333-070-0230]

333-070-0160 [Renumbered to 333-070-0240]

333-070-0200

Federal Regulations Adopted by Reference

(1) The Oregon Health Authority (Authority) is authorized to administer the lead-based paint activities program under ORS 431A.355 and 40 Code of Federal Regulations (CFR) 745.324. The Authority’s rules must be no less stringent than the U.S. Environmental Protection Agency’s (EPA's) rules in 40 CFR 745 Subparts D, E and L.

(2) The Authority adopts by reference 40 CFR 745, Subpart D — Lead-Based Paint Hazards, Subpart E — Residential Property Renovation and Subpart L — Lead-Based Paint Activities except as described in section (3) of this rule and except for:

(a) 40 CFR Part 745.87;

(b) 745.91; and

(c) 745.225(g) and (h).

(3) Notwithstanding 40 CFR 745 Subparts D, E and L:

(a) All fees are as established in OAR 333-070-0220;

(b) All certification, recertification, accreditation and reaccreditation periods are as established in OAR 333-070-0220;

(c) Notices required to be sent to EPA under 40 CFR 745.225(c)(13)(vi) and (14)(iii) must be sent to the Authority at 800 NE Oregon Street, Suite 640, Portland, OR 97232 or lead.program@state.or.us; and

(d) Where "Administrator" or "EPA" appears in 40 CFR Part 745, "OHA" or “Authority” is substituted, unless the context suggests otherwise.

Stat. Auth.: ORS 431A.355
Stats. Implemented: ORS 431A.355, 431A.358
Hist.: PH 36-2016, f. 12-12-16, cert. ef. 1-1-17

333-070-0210

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 431A.355, 431A.358 or these rules;

(b) Issue subpoenas to determine compliance with ORS 431A.355, 431A.358 or these rules;

(c) Suspend or revoke a firm certification to perform renovation if the holder of the certification fails to comply with state or federal statutes or regulations related to lead-based paint;

(d) Suspend or revoke 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 per violation per day not to exceed $5,000 per violation per day for a violation of ORS 431A.355, 431A.358 or these rules, including but not limited to failure or refusal:

(A) To permit the Authority entry or inspection in accordance with this rule; or

(B) To establish and maintain records or to make available or permit access to or copying of records.

(2) In issuing civil penalties the Authority shall consider and document whether:

(a) The Authority made repeated attempts to obtain compliance;

(b) The firm or individual has a history of noncompliance with environmental statutes or regulations;

(c) The violation poses a serious risk to the public's health;

(d) The firm or individual gained financially from the noncompliance; and

(e) There are mitigating factors, such as a firm’s or individual’s cooperation with an investigation or actions to come into compliance.

(3) An individual or firm who is issued a notice of suspension, revocation or imposition of civil penalties shall have the right to a contested case hearing under ORS Chapter 183.

(4) The Authority shall maintain a publicly available list of individuals and firms whose certification has been suspended, revoked, or reinstated.

(5) 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.

Stat. Auth.: ORS 183.310-183.540, 183.745, 431A.355, 431A.358, 431A.363
Stats. Implemented: ORS 183.310-183.540, 183.745, 431A.355, 431A.358, 431A.363
Hist.: PH 8-2010, f. & cert. ef. 4-26-10; PH 4-2011, f. & cert. ef. 6-16-11; Renumbered from 333-070-0115, PH 36-2016, f. 12-12-16, cert. ef. 1-1-17

333-070-0220

Certification Fees and Refunds

(1) Firm certifications and recertifications are issued for five years.

(2) The following fees for certification and recertification for firms are established and are non-refundable:

(a) Firm certification: $250.

(b) Firm recertification: $250.

(3) 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.

(4) 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.

(5) Lost certificate. A $15 fee will be charged for the replacement of a certified renovation firm certificate.

(6) 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 431A.355
Stats. Implemented: ORS 431A.355
Hist.: PH 8-2010, f. & cert. ef. 4-26-10; PH 4-2011, f. & cert. ef. 6-16-11; Renumbered from 333-070-0120, PH 36-2016, f. 12-12-16, cert. ef. 1-1-17

333-070-0230

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 431A.355;

(b) Issue subpoenas to determine compliance with ORS 431A.355;

(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 431A.355, 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 431A.355
Stats. Implemented: ORS 431A.355
Hist.: PH 8-2010, f. & cert. ef. 4-26-10; PH 4-2011, f. & cert. ef. 6-16-11; Renumbered from 333-070-0145, PH 36-2016, f. 12-12-16, cert. ef. 1-1-17

333-070-0240

Accreditation Fees

(1) Accreditations and reaccreditations are issued for four years.

(2) The following accreditation and reaccreditation fees are established and are non-refundable:

(a) Renovator Initial — $560 — $340:

(b) Dust Sampling Technician Initial — $560 — $340:

(c) Renovator Refresher — $400 — $310:

(d) Dust Sampling Technician Refresher — $400 — $310

(2) Student Fee Schedule, Course — Fee:

(a) Renovator Initial — $50:

(b) Renovator Refresher — $50:

(c) Dust Sampling Technician Initial — $50:

(d) Dust Sampling Refresher — $50.

(e) The student fee is to be paid by the training program at the completion of each training course. The $50 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.

(4) Training programs 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 431A.355
Stats. Implemented: ORS 431A.355
Hist.: PH 8-2010, f. & cert. ef. 4-26-10; PH 4-2011, f. & cert. ef. 6-16-11; Renumbered from 333-070-0160, PH 36-2016, f. 12-12-16, cert. ef. 1-1-17

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