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Lead Paint Regulations

Rules and Regulations

The Oregon Health Authority's Lead-Based Paint Program regulates the activities of businesses, agencies and/or individuals who work with lead-based paint. All certification and regulatory requirements are developed from current laws.

  • Oregon Revised Statutes (ORS) define the laws governing the activities and scope of the Lead-Based Paint Program. 
  • Oregon Administrative Rules (OAR) determine how those laws are implemented.

The Oregon Health Authority (Authority), Public Health Division, is proposing to permanently adopt OAR 333-068-0070 relating to certification to engage in lead-based paint activities to perform residential demolitions. The Authority requests public comment on this rule. 

Oral Testimony

If you wish to present oral testimony, a public hearing will be held on December 6, 2017 at 10:00 a.m. at the Portland State Office Building, 800 NE Oregon St., Room 1E, Portland, OR 97232. 

Written Comments

You may file written comments before 5:00 p.m. on December 8, 2017 by submitting them to the Public Health Division Rules Coordinator at the following address: 

OHA, Public Health Division
Brittany Hall, Administrative Rules Coordinator
800 NE Oregon Street, Suite 930
Portland, OR 97232

Email comments to: publichealth.rules@state.or.us.

Please see the following documents for more information:

Statutes and rules pertaining to OHA's lead-based paint program include:

Oregon Revised Statutes

  • ORS 431A.350 - Lead Poisoning
  • ORS 431A.353 - Definitions for ORS 431A.355 and 431A.358
  • ORS 431A.355 - Power of OHA to Regulate Lead-Based Paint Activities
  • ORS 431A.358 - Performance of Lead-Based Paint Activities Without Certification Prohibited
  • ORS 431A.363 - Civil Penalty for Violation of ORS 431A.355 or 431A.358

Oregon​ Administrative Rules

  • OAR 333-069 - Certification of Individuals and Firms Engaged in Lead-Based Paint Activities and Accreditation of Training Programs for Professionals Engaged in Lead-Based Paint Activities
  • OAR 333-070 - Pre-Renovation Education and Renovation, Repair, and Painting Activities Involving Lead-Based Paint.

Statutes and rules pertaining to the Oregon Construction Contractors Board (CCB) include:

  • ORS (701.505) - Definition for ORS 701.505 to 701.515
  • ORS (701.515) - Licensing System
  • OAR 812-007 - Licensing of Indivduals and Firms Engaged in Lead-Based Paint Activity

2017 Rule Updates

Effective January 1, 2017, Oregon Administrative Rules 333-069 and 333-070 were amended and renumbered.

On January 1, 2017, OHA adopted by reference 40 CFR 745 Subparts D, E, and L.

Complying with Regulations

Renovation, Repair and Painting Rule

The Renovation, Repair and Painting Rule requires contractors, agencies and businesses conducting renovation, repair and painting on pre-1978 homes and child-occupied facilities where children under 6 attend to be certified in lead-safe work practices. 

The Environmental Protection Agency (EPA) issued the Renovation, Repair and Painting (RRP) rule on April 22, 2008 to protect children and adults against the hazardous lead dust and chips that are disturbed during common renovation activities like sanding, cutting, and demolition. In 2010, EPA gave the Oregon Construction Contractors Board and the Oregon Health Authority the authority to administer the rule in Oregon.


Lead Abatement and Inspection

Lead Abatement and Inspection refers to work that is done for the specific purpose of permanently removing lead-based paint and lead-based paint hazards from a home. To perform lead-based paint abatement requires additional specialized training. Lead paint abatement services include abatement, inspection and risk assessment. Read more at EPA's Lead Abatement Website.


Occupational Safety and Health Administration (OSHA) Rules

OSHA has a Lead in Construction Standard (pdf) which outlines worker protection requirements for construction workers exposed to lead. The standard includes requirements addressing exposure assessment, methods of compliance, respiratory protection, protective clothing and equipment, hygiene facilities and practices, medical surveillance, medical removal protection, employee information and training, signs, recordkeeping and observation of monitoring.
 
For information about OR-OSHA's occupational lead standards and regulations call 1-800-922-2689 or visit OR-OSHA's Web site.


Oregon Department of Environmental Quality (DEQ) Requirements

Oregon DEQ is responsible for managing proper disposal of potentially hazardous wastes, including lead-based paint debris and waste water. Learn more about proper disposal of lead-based paint waste from residential households (pdf). The household waste exclusion does not apply to commercial, public or other non-residential child-occupied facilities.

For more information on waste management and disposal of lead-based paint debris and waste water visit DEQ's Web site or call 1-800-452-4011.


U.S. Housing and Urban Development (HUD) Rule

HUD's Lead-Safe Housing Rule applies to every home built prior to 1978 that receives federal housing assistance where greater than 2 square feet of interior, or 20 square feet of exterior lead-based paint is disturbed during renovation, repair or painting. If you work in federally-assisted target housing, certain actions are required to address lead hazards and work practice standards may differ from the EPA's Renovation, Repair and Painting requirements.

Finding out whether the work is receiving federal housing assistance and how much, is important because additional requirements may affect the project. See HUD's guidance on the differences between EPA's RRP regulations and the HUD Lead-Safe Housing Rule (pdf).


Local Lead-Based Paint Regulations

Local, county or city agencies may have their own lead-based paint regulations. Check with local agencies to obtain information on their regulations and compliance requirements.


See also

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