(a) Affected facilities, regulated activities, and purpose.

1. (1) This part affects two (2) types of facilities:

   1. (A) Target housing; and
   2. (B) Child-occupied facilities.

2. (2) This part addresses lead-based paint activities which include the following:

   1. (A) Inspection, as defined by this part;
   2. (B) Lead-hazard screen;
   3. (C) Risk assessment, as defined by this part; and
   4. (D) Abatement, as defined by this part.

3. (3) The purpose of this part is to do the following:

   1. (A) Establish procedures and requirements for the licensing of lead-based paint activities training programs;
   2. (B) Establish procedures and requirements for the licensing of lead-based paint activities contractors and consultants;
   3. (C) Establish procedures and requirements for the certification of individuals engaged in lead-based paint activities;
   4. (D) Establish work practice standards for performing lead-based paint activities; and
   5. (E) Require that all lead-based paint activities performed in target housing or child-occupied facilities be performed by a licensed lead-based paint consultant or contractor and certified individuals.

(b) Applicability.

1. (1) This part applies to all lead-based paint activities, as defined by this part, conducted in target housing or child-occupied facilities.

2. (2) This part applies to:

   1. (A) Each department, agency, and instrumentality of the executive, legislative, and judicial branches of the federal government having jurisdiction over any property or facility, or engaged in any activity resulting, or which may result, in a lead-based paint hazard; and
   2. (B) Each officer, agent, or employee thereof shall be subject to, and comply with, all federal, state, interstate, and local requirements, both substantive and procedural, including the requirements of this part regarding:

(i) Lead-based paint;

1. (ii) Lead-based paint activities; and

   1. (iii) Lead-based paint hazards.

      1. (c) Homeowner examination. The provisions of this part do not apply to persons who perform lead-based paint activities, as defined by this part, within residential dwellings that they own, except in the following circumstances:
2. (1) The residential dwelling is occupied by a person or persons other than the owner or the owner’s immediate family while the lead-based paint activities are being performed; or

3. (2) A child resides in the residential dwelling who has been identified as having an elevated blood lead level.

   1. (d) Scope.
4. (1) Nothing in this part requires that the owner or occupant undertake any particular lead-based paint activity.
5. (2) The provisions of this part establish specific requirements for performing lead-based paint activities should the lead-based paint activities be undertaken.

6. (3) As mentioned above, homeowners:

   1. (A) Are not required to undertake any particular lead-based paint activity; and
   2. (B) Are exempt from the requirements of this part except as provided in subsection (c) of this section.

(e) Working days and hours.

1. (1) For the purpose of submissions required by this part, any submissions sent to the Department of Health on a weekend or legal holiday shall be receipted as received on the first working day following the weekend or legal holiday.
2. (2) Also for purposes of this part, a working day shall include the period of time between 8:00 a.m. and 4:30 p.m.

(g) Certification and licensing requirement. All lead-based paint activities, as defined by this part, which are performed on target housing or child-occupied facilities must be performed by the following individuals certified in the particular disciplines set forth in this part who are:

1. (1) Employed by a licensed contractor or licensed consultant for that particular lead-based paint activity; or
2. (2) Employed as an in-house employee for that particular lead-based paint activity.