Notice of Rulemaking
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.
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.
You may also 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: firstname.lastname@example.org.
Please see the following documents for more information:
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.