333-069-0100
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 and L.

(2) The Authority adopts by reference 40 CFR 745, Subpart D — Lead-Based Paint Hazards, and Subpart L — Lead-Based Paint Activities, revised as of July 1, 2021, except as described in section (3) of this rule and except for:

(a) 40 CFR Part 745.225(g) and (h);

(b) 40 CFR 745.235;

(c) 40 CFR 745.237; and

(d) 40 CFR 745.239.

(3) Notwithstanding 40 CFR 745 Subpart D and L:

(a) All fees are as established in OAR 333-069-0120;

(b) All certification, recertification, accreditation and reaccreditation periods are as established in OAR 333-069-0120;

(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 to leadprogram@odhsoha.oregon.gov; and

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

Statutory/Other Authority: ORS 431A.355
Statutes/Other Implemented: ORS 431A.355 & 431A.358
History:
PH 200-2022, amend filed 10/05/2022, effective 10/19/2022
PH 163-2022, minor correction filed 07/15/2022, effective 07/15/2022
PH 36-2016, f. 12-12-16, cert. ef. 1-1-17

333-069-0110
Violations; Schedule of Penalties

(1) The Authority may assess civil penalties, or deny, suspend or revoke any accreditation or certification applied for or issued under these rules for any of the following violations:

(a) Level one violations:

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

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

(i) Failure to conduct clearance examination;

(ii) Allowing rehabitation before clearance has been achieved; or

(iii) 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 proper certification from the Authority; or

(J) Use of prohibited abatement methods.

(b) Level two 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 paragraph (1)(b)(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 or refusal to establish, maintain, provide, copy, or permit access to records or reports as required; or

(H) Performance by a certified individual of lead-based paint activity outside of the scope of that individual's certification.

(c) Level three violations:

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

(B) Conducting lead-based paint abatement without an occupant protection plan.

(2) If the Authority finds a violation of these rules that is not categorized in accordance with section (1) of this rule, the Authority, in its discretion, will determine what level the violation is depending on its severity and the extent to which the violation poses a risk to the public's health.

(3) Penalties will be assessed according to the following schedule:

(a) Level one violations:

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

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

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

(b) Level two violations:

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

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

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

(c) Level three violations:

(A) First offense: warning letter.

(B) Second offense: notice of noncompliance.

(C) Third offense: notice of noncompliance and a civil penalty of up to $100.

(4) The civil penalties in section (3) of this rule are per day per violation, not to exceed $5,000 for each violation.

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

(6) Notices of non-compliance, civil penalties, suspensions or revocations will be issued in accordance with ORS chapter 183.

Statutory/Other Authority: ORS 431A.355 & 701.992
Statutes/Other Implemented: ORS 431A.355 & 701.992
History:
Renumbered from 333-069-0085, PH 36-2016, f. 12-12-16, cert. ef. 1-1-17
PH 4-2011, f. & cert. ef. 6-16-11
Reverted to PH 8-2003, f. & cert. ef. 6-20-03
PH 22-2010(Temp), f. & cert. ef. 9-24-10 thru 3-22-11
PH 8-2003, f. & cert. ef. 6-20-03

333-069-0120
Certification and Accreditation Periods; Fees

(1) Certifications and recertifications are issued for three years.

(2) Accreditations and reaccreditations are issued for one year.

(3) The following certification and recertification fees are established and are non-refundable:

(a) Firms: $255.

(b) Inspectors, risk assessors, supervisors, and project designers: $255.

(c) Workers: $150.

(4) The following initial accreditation fees are established and are non-refundable:

(a) Standard lead-based paint inspector or supervisor training course: $750.

(b) Standard lead-based paint risk assessor or worker training course: $500.

(c) Refresher lead-based paint activities training course covering more than two disciplines: $600.

(d) Inspector or supervisor refresher training course: $500.

(e) Risk assessor or a worker refresher training course: $350.

(f) Training manager for each standard training or refresher course: $175

(g) Each additional instructor or guest instructor for each standard training or refresher training course: $90.

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

(a) Standard lead-based paint activities training course for each discipline: $300.

(b) Refresher training course covering up to two disciplines: $100

(c) Refresher training course covering more than two disciplines: $200.

(d) Training Manager for each standard training or refresher course: $100:

(e) Each additional instructor or guest instructor for each standard training or refresher training course: $50.

(6) The application fee for a permit for painting shall be $5. This is an annual fee.

Statutory/Other Authority: ORS 431A.355
Statutes/Other Implemented: ORS 431A.355
History:
PH 36-2016, f. 12-12-16, cert. ef. 1-1-17