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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJanuary 2014

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On November 1, 2013 (Volume 17, Issue 5), DHSS published in the Delaware Register of Regulations its notice of proposed regulation, pursuant to 29 Delaware Code Section 10115. It requested that written materials and suggestions from the public concerning the proposed regulation be delivered to DHSS by December 2, 2013, after which time the DHSS would review information, factual evidence and public comment to the said proposed regulation.
THEREFORE, IT IS ORDERED, that the proposed State of Delaware Regulations Governing Residential Property Renovation, Repair and Painting are adopted and shall become effective January 11, 2014, after publication of the final regulation in the Delaware Register of Regulations.
1.1 Preamble. These regulations are adopted by the Secretary of Delaware Health and Social Services pursuant to the Authority invested in the Secretary by 16 Del.C. §122(3)t. These regulations apply to all renovations performed for compensation in target housing and child-occupied facilities.
1.5.1.1.1 A written determination has been made by an inspector or risk assessor, certified pursuant to 16 DE Admin Code 4459, that the components affected by the renovation are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 milligrams/per square centimeter (mg/cm2) or 0.5% by weight; and
1.5.1.2.2 The certified Renovator determined that the components are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 mg/cm2 or 0.5% by weight. If the components make up an integrated whole, such as the individual stair treads and risers of a single staircase, the Renovator is required to test only one of the individual components, unless the individual components appear to have been repainted or refinished separately.
[(40 CFR §745.83)]
2.1 For purposes of these regulations, the definitions in 16 DE Admin. Code 4459, as well as the following definitions apply. The following words and terms when used in this regulation shall have the following meaning unless the context clearly indicates otherwise:
Certified Renovator” means an individual who has been certified by the Secretary to perform renovations.
Child-Occupied Facility” means a building, or portion of a building, constructed prior to 1978, visited regularly by the same child, under six years of age, on at least two different days within any week (Sunday through Saturday period), provided that each day's visit lasts at least three hours and the combined weekly visits last at least six hours, and the combined annual visits last at least 60 hours. Child-occupied facilities may include, but are not limited to day-cares, preschools and kindergarten classrooms. Child-occupied facilities may be located in target housing or in public or commercial buildings. With respect to common areas in public or commercial buildings that contain child-occupied facilities, the child-occupied facility encompasses only those common areas that are routinely used by children under age six, such as restrooms and cafeterias. Common areas that children under age six only pass through, such as hallways, stairways and garages are not included. In addition, with respect to exteriors of public or commercial buildings that contain child-occupied facilities, the child-occupied facility encompasses only the exterior sides of the building that are immediately adjacent to the child-occupied facility or the common areas routinely used by children under age six.
Cleaning Verification Card” means a card developed and distributed, or otherwise approved, by EPA for the purpose of determining, through comparison of wet and dry disposable cleaning cloths with the card, whether post-renovation cleaning has been properly completed.
"Component or Building Component" means specific design or structural elements or fixtures of a building, residential dwelling, or child-occupied facility that are distinguished from each other by form, function, and location. These include, but are not limited to, interior components such as: ceilings, crown moldings, walls, chair rails, doors, door trim, floors, fireplaces, radiators, and other heating units, shelves, shelf supports, stair treads, stair risers, stair stringers, newel posts, railing caps, balustrades, windows and trim (including sashes, windows heads, jambs, sills or stools and troughs), built in cabinets, columns, beams, bathroom vanities, counter tops and air conditioners; and exterior components such as: painted roofing, chimneys, flashing, gutters and down spouts, ceilings, soffits, fascias, rake boards, corner boards, bulkheads, doors and door trim, fences, floors, joists, lattice work, railings and railing caps, siding handrails, stair risers and treads, stair stringers, columns, balustrades, window sills or stools and troughs, casings, sashes, and wells and air conditioners.
Dry Disposable Cleaning Cloth” means a commercially available dry, electrostatically charged, white disposable cloth designed to be used for cleaning hard surfaces such as uncarpeted floors or counter tops.
"EPA" means U.S. Environmental Protection Agency.
Firm” means a company, partnership, corporation, sole proprietorship or individual doing business, association, or other business entity; a Federal, State, Tribal, or local government agency; or a nonprofit organization.
HEPA Vacuum” means a vacuum cleaner which has been designed with a high-efficiency particulate air (HEPA) filter as the last filtration stage. A HEPA filter is a filter that is capable of capturing particulates of 0.3 microns with 99.97% efficiency. The vacuum cleaner must be designed so that all the air drawn into the machine is expelled through the HEPA filter with none of the air leaking past it. HEPA vacuums must be operated and maintained in accordance with the manufacturer's instructions.
Interim Controls” means a set of measures designed to temporarily reduce human exposure or likely exposure to lead-based paint hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards, and the establishment and operation of management and resident education programs.
["Lead-Based Paint Activities" means, in the case of target housing and child-occupied facilities, inspection, risk assessment, abatement, renovation and dust sampling as provided in these regulations and in 16 DE Admin. Code 4459.]
Minor Repair and Maintenance Activities” means activities, including minor heating, ventilation or air conditioning work, electrical work, and plumbing, that disrupt six square feet or less of painted surface per room for interior activities or 20 square feet or less of painted surface for exterior activities where none of the work practices prohibited or restricted by 4.1.3 are used and where the work does not involve window replacement or demolition of painted surface areas. When removing painted components, or portions of painted components, the entire surface area removed is the amount of painted surface disturbed. Jobs, other than emergency renovations, performed in the same room within the same 30 days must be considered the same job for the purpose of determining whether the job is a minor repair and maintenance activity.
Painted Surface” means a component surface covered in whole or in part with paint or other surface coatings.
Pamphlet” means the EPA pamphlet titled “Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools” developed under section 406(a) of the Toxic Substances Control Act of 1976, as amended, (15 USC §2601 et.seq.) (TSCA) for use in complying with section 406(b) of TSCA, or any State of Delaware pamphlet approved by EPA pursuant to 40 CFR §745.326 that is developed for the same purpose. This includes reproductions of the pamphlet when copied in full and without revision or deletion of material from the pamphlet (except for the addition or revision of State or local sources of information).
"Person" means any natural or judicial person including any individual, corporation, partnership, or association; any Indian Tribe, State, or political subdivision thereof; any interstate body; and any department, agency, or instrumentality of the Federal, State or local government.
Recognized Test Kit” means a commercially available kit recognized by EPA under 40 CFR §745.88 as being capable of allowing a user to determine the presence of lead at levels equal to or in excess of 1.0 milligrams per square centimeter, or more than 0.5% lead by weight, in a paint chip, paint powder, or painted surface.
Renovator” means an individual who either performs or directs workers who perform renovations.
"Secretary" means the Administrator of the Department of Health and Social Services (DHSS) of the State of Delaware or the Secretary’s designee, who shall hereafter in this document be referred to as: Secretary; The Secretary; or, Secretary, DHSS.
"Target Housing" means any housing constructed prior to 1978, except housing for the elderly or persons with disabilities (unless any one or more children age 6 years or under resides or is expected to reside in such housing for the elderly or persons with disabilities) or any 0-bedroom dwelling.
"Training Hour" means at least 50 minutes of actual learning, including, but not limited to, time devoted to lecture, learning activities, small group activities, demonstrations, evaluations, and, if applicable, hands-on experience.
Vertical Containment” means a vertical barrier consisting of plastic sheeting or other impermeable material over scaffolding or a rigid frame, or an equivalent system of containing the work area. Vertical containment is required for some exterior renovations, but it may be used on any renovation.
Wet Disposable Cleaning Cloth” means a commercially available, pre-moistened white disposable cloth designed to be used for cleaning hard surfaces, such as uncarpeted floors or counter tops.
Wet Mopping System” means a device with the following characteristics: a long handle, a mop head designed to be used with disposable absorbent cleaning pads, a reservoir for cleaning solution, and a built-in mechanism for distributing or spraying the cleaning solution onto a floor, or a method of equivalent efficacy.
Work area” means the area that the certified Renovator establishes to contain the dust and debris generated by a renovation.
6.5 Violators may be subject to civil and criminal sanctions pursuant to 16 Del.C. §107 for each violation of the requirements established in these regulations.
8.8 Renovator responsibilities. Certified Renovators are responsible for ensuring compliance with Section 4.0 at all renovations to which they are assigned. A certified Renovator:
8.9.1 Must collect dust samples in accordance with 16 DE Admin. Code 4459, §5.5.8, must send the collected samples to a laboratory recognized by EPA under TSCA section 405(b), and must compare the results to the clearance levels in accordance with 16 DE Admin. Code 4459, §5.5.8.
11.3.14.2.6 Notification must be accomplished using any of the following methods: Written or electronic notification to the Secretary. Written and electronic notifications of lead-based paint activities course schedules can be accomplished by using the guidance and sample form provided on the Internet at http://dhss.delaware.gov/dhss/dph/hsp/leadregcomm.html. All written notifications must be delivered by U.S. Postal Service, fax, commercial delivery service, or hand delivery (persons submitting notification by U.S. Postal Service are reminded that they should allow three (3) additional business days for delivery in order to ensure that the Secretary receives the notification by the required date).
11.3.15.3 Notification must be accomplished using any of the following methods: Written or electronic notification to the Secretary. Written and electronic notifications following lead-based paint activities training courses can be accomplished by using the guidance and sample form provided on the Internet at http://dhss.delaware.gov/dhss/dph/hsp/leadregcomm.html. All written notifications must be delivered by U.S. Postal Service, fax, commercial delivery service, or hand delivery (persons submitting notification by U.S. Postal Service are reminded that they should allow three (3) additional business days for delivery in order to ensure that the Secretary receives the notification by the required date).
11.10.3.1 If the amendment includes a new training program manager or new or additional principal instructor that was identified in a training provider accreditation application that EPA has already approved under this section, the training provider may begin to provide training under the new training manager or offer courses taught by the new principal instructor on an interim basis as soon as the provider submits the amendment to the Secretary. The training provider may continue to provide training under the new training manager or offer courses taught by the new principal instructor if the Secretary approves the amendment, or does not disapprove the amendment within 30 days.
Last Updated: December 31 1969 19:00:00.
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