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Lead-Based Paint Activities
Federal Regulation
In 1992, Congress passed the Residential Lead-Based Paint Hazard Reduction Act. It required that, with respect to lead-based paint (LBP) activities, states accredit training programs, certify individuals who complete the programs and license contractors. LPB activities include inspection, risk assessment and abatement in "target housing" and "child-occupied facilities."
 
In 1996, the federal Environmental Protection Agency (EPA), under the authority of the amended Toxic Substances Control Act of 1992, issued a rule to ensure that all LBP inspections, risk assessments and abatements would be conducted by trained and certified individuals using safe and effective methods.

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Oregon Program
In 1995, the Oregon legislature enacted House Bill (HB) 2971 which created a LBP activities program administered by the *Oregon Health Authority (OHA) and CCB. It required individuals or businesses engaged in LBP activities to register with CCB. (OHA was given responsibility to accredit and certify training providers.)

* Formerly Department of Human Services.

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Who must get the LBP Activities Licenses
Contractors that perform LBP activities (abatement, inspection and risk assessment) on target housing or child-occupied facilities are covered by the program.
 
Target housing is any housing built before 1978, except (1) housing for the elderly or persons with disabilities or (2) any housing with no bedrooms.
 
Child-occupied facilities mean a building, or part of a building, built before 1978, regularly used by the same child under age 6.
  • Child-occupied facilities may include, for example:
o Day care centers
o Preschools
o Kindergarten classrooms
o Restrooms commonly used by children under 6
 
  • Child-occupied facilities likely do not include:
o Sunday school classrooms (used only weekly)
o Supermarkets (visits less than 3 hours; not same child)
o Hallways in public schools

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License Applications
Oregon issues two types of LBP activity licenses – one for businesses (contractors) and one for individuals. (A requirement for licensing a business is having an individual licensed appropriately.)
 
LBP Activity Contractor License (Business)
 
Lead Inspection Contractor (This license includes a lead risk assessment contractor)
Lead Abatement Contractor 
 
A business applying for a LBP activity license must submit:
  • A completed application form;
  • Proof that the contractor holds an active, valid CCB license;
  • An annual fee of $50;
  • Proof that the applicant is owned by, or employs, one or more individuals who are licensed by CCB as lead inspectors, lead risk assessors, or lead abatement supervisors (see below); and
  • Proof that DHS certified the applicant as qualified to perform the appropriate lead-based paint activities.
 
LBP Activity Individual Licenses
 
Lead inspector 
Lead risk assessor 
Lead supervisor (abatement)
Lead worker (abatement)
 
An individual applying for a LBP activity license must submit:
  • A completed application form;
  • An annual fee of $50;
  • Proof that OHA certified the individual as a certified inspector, risk assessor, supervisor or lead worker; and 
  • A copy of the individual’s OHA photo identification badge

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LBP Activities work (examples)
Contractor (Business) License 
  1. A contractor (business) performs LBP inspections and prepares reports on its findings. The inspection is a surface-to-surface investigation to determine if LBP is present. This contractor must have a lead inspection contractor license. (See #4 for the individual license description.)
  2. A contractor (business) performs lead risk assessments and prepares reports on its findings. A risk assessment is an on-site investigation to determine whether a LBP hazard exists and, if so, the options for reducing the hazard. This contractor must have a lead inspection contractor license. (See #5 for the individual license description.) 
  3. A contractor performs abatement of LBP hazard. Abatement is any measure, or set of measures, designed to permanently eliminate LBP hazards. This contractor must have a lead abatement contractor license. (See #6 and 7 for the individual license description.)
 
Individual License 
  1. A lead inspector is an individual who has been trained by an accredited training program and certified by OHA to conduct inspections. This individual must have a lead inspector license.
  2. A lead assessor or risk assessor is an individual who has been trained by an accredited training program and certified by OHA to conduct risk assessments. This individual must have a lead risk assessor license.
  3. A lead supervisor is an individual who has been trained by an accredited training program and certified by OHA to conduct abatements and prepare abatement reports. This individual may also supervise the work of a lead worker or lead abatement worker. This individual must have a lead supervisor license.
  4. A lead worker or lead abatement worker is an individual who has been trained by an accredited training program and certified by OHA to perform abatements that are supervised by a licensed lead supervisor. This individual must have a lead worker license.

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About training, Experience and Education Requirements
Each individual must satisfy certain training, experience and education requirements. They are as follows:
1. Inspector requirements:
a. Training: Complete 24 contact and 8 hands-on hours in an accredited LBP inspector training course.
b. Experience & education: None
c. Examination: Pass certification examination administered by DHS
 
2. Risk assessor requirements:
a. Training: Complete 16 contact and 4 hands-on hours in an accredited LBP risk assessor training course. Complete 24 contact and 8 hands-on hours in an accredited LBP inspector training course.
 
b. Experience & education:
i. Certification as an industrial hygienist, engineer, registered architect, safety professional, registered sanitarian, registered environmental health specialist; or
 
ii. Bachelor’s degree and one year of experience in related field (e.g. lead, asbestos, environmental remediation, or construction); or
 
iii. Associate’s degree and two years of experience in related field (e.g. lead, asbestos, environmental remediation, or construction); or
 
iv. High school diploma (or equivalent) and three years of experience in related field (e.g. lead, asbestos, environmental remediation, or construction).
c. Examination: Pass the OHA-administered certification examination for risk inspectors.
3. Supervisor (abatement) requirements:
a. Training: Complete an accredited LBP abatement supervisor training course.
b. Experience:
i. One year experience as a certified LBP abatement worker; or
ii. Two years experience in a related field (e.g. lead, asbestos, environmental remediation, or construction).
c. Education: None
d. Examination: Pass the OHA-administered certification examination for supervisors.
4. Worker (abatement) requirements:
a. Training: Complete an accredited LBP abatement worker course.
b. Experience: None
c. Education: None
d. Examination: None

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Who/What is not covered by the program
The following do not need to obtain licenses to perform LBP activities:
  • Homeowners working on their own homes or homes occupied by members of their immediate families (not unrelated tenants)

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Subscribing to LBP program updates
The CCB has created "list serve" to distribute information about Oregon's LBP program. Subscribers to "list serve" are provided e-mail updates when information is posted.
(1) Subscribe via the web
If you would like to subscribe via the web, follow the directions on this link:
http://listsmart.osl.state.or.us/mailman/listinfo/ccb_lead-based_paint_program . You will be sent e-mail requesting confirmation, to prevent others from subscribing for you.
 
(2) Subscribe by e-mail
Or, you may subscribe by e-mail. Send a message to: CCB Lead-Based Paint Program – request@listmart.osl.state.or.us. In the body of the message, state "subscribe."

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Frequently Asked Questions
Click here for frequently asked questions on the LBP activities program.
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Additional Information
EPA Interpretive Guidance for the Federal Program. At
http://www.epa.gov/lead/laws-regs/policy.html

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State Laws and Regulations
Statutes are online at http://www.leg.state.or.us/ors/.
 
Rules are online at http://ccbed.ccb.state.or.us/webpdf/ccb/rules/OAR%20812.pdf.
 
The OHA rules are OAR chapter 333, division 69.
 
The CCB rules are OAR 812-007-0000 to 812-007-0025 and 812-007-0100 to 0260.

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Federal Laws and Regulations
The federal laws that govern LBP activities include 15 U.S.C. §§ 2681 – 2692; 42 U.S.C. §§ 4851 – 4856.
 
The federal regulations that govern the LBP activities include 40 CFR §§ 745.61 – 745.65; 745.220 – 745.239.

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