The Department of Health may waive the ten-day notification period if:
- (1) An emergency, as defined by this part, exists; and
(2) The building owner and/or the lead-based paint contractor or lead-based paint consultant complies with the following:
(A)
- (i) The building owner and/or the lead-based paint consultant or lead-based paint contractor must notify the department by telephone to request an emergency waiver, stating the nature of the emergency, as soon as the emergency is detected.
(ii) If such emergency occurs at night, on holidays, or on weekends:
- (a) (a) The necessary corrective measures may be taken at that time; and
- (b) (b) The telephone call shall be made on the first workday following the detection of the emergency;
(B) The building owner and/or the lead-based paint contractor or lead-based paint consultant shall submit a written report to the department within twenty-four (24) hours of detecting the emergency, accompanied with the prescribed fee, and the following information:
- (i) Street address and apartment number, if any, of the target house or houses or child-occupied facility or facilities;
- (ii) The name, address, and telephone number of the owner of the target house or houses or child-occupied facility or facilities;
- (iii) The date and time the emergency was detected and the name of the person detecting the emergency;
- (iv) Detailed description and explanation of the facts constituting an emergency;
- (v) Name, address, telephone number, and license number of the licensed lead-based paint contractor or lead-based paint consultant performing the lead-based paint abatement;
- (vi) The name, business address, business telephone number, certificate number, the discipline of the person performing the occupant protection plan, and the date upon which the occupant protection plan was completed;
- (vii) The name, business address, telephone number, and license number of the firm for whom the occupant protection plan was performed;
- (viii) The name, address, and telephone number of the laboratory performing the analysis associated with the abatement;
- (ix) If any inspection, risk assessment, or lead-hazard screen was performed, the name, telephone, address, certificate number, and discipline of the person performing the lead-based paint activity;
- (x) The name of the firm, address, telephone number, and license number of the firm for whom the inspection, risk assessment, or lead-hazard screen was performed;
- (xi) Any documents, including forms, complaints, notices, or orders issued by any state, local, or federal agency concerning the emergency condition; and
- (xii) The name, certificate number, and telephone number of the supervisor and the name, license number, and telephone number of the firm employing the supervisor for the particular abatement; and
- (C) Upon review of the information, the department may determine the incident was not an emergency and subject to the ten-day notification period.