(a) The following, in addition to any violations set forth in any section contained within this part, shall be considered violations incurred by an individual conducting or offering to conduct lead-based paint activities as defined by this part on target housing or child-occupied facilities:

1. (1) Failure or refusal to permit access, entry, or inspection by Department of Health staff in the performance of their duties;
2. (2) Failure or refusal to permit inspection or copying of any document or record required to be kept under the provisions of this part by department staff in the performance of their duties;
3. (3) Failure to establish or maintain copies required by this part for three (3) years;
4. (4) Failure to obtain training from a licensed training provider, a United States Environmental Protection Agency-approved training program, or state or Indian Tribal training program approved by the United States Environmental Protection Agency and apply and receive certification from the department prior to conducting or offering to conduct lead-based paint activities for which the appropriate certification has not been received;
5. (5) Failure to obtain training from a licensed training provider, an United States Environmental Protection Agency-approved training program, or a training program approved by state or Indian Tribal program which has been approved by the United States Environmental Protection Agency as an inspector or risk assessor and apply and receive certification from the department in the appropriate discipline as an inspector or risk assessor prior to conducting or offering to conduct lead-based paint inspections and postabatement clearance procedures;
6. (6) Failure to obtain training from a licensed training provider, an United States Environmental Protection Agency-approved training provider, or a training provider approved by state or Indian Tribal program which has been approved by the United States Environmental Protection Agency as risk assessor and apply and receive certification from the department in the appropriate discipline as a risk assessor prior to conducting or offering to conduct lead-based paint lead-hazard screens, inspections, or risk assessments;
7. (7) Failure to obtain training from a licensed training provider, an United States Environmental Protection Agency-approved training provider, or a training program approved by state or Indian Tribal program approved by the United States Environmental Protection Agency as a supervisor or project designer and apply and receive certification from the department in the appropriate discipline as a supervisor or project designer prior to conducting or offering to conduct lead-based paint occupant protection plans;
8. (8) Failure to obtain training from a licensed training provider, an United States Environmental Protection Agency-approved training program, or a training program approved by a state or Indian Tribal program which has been approved by the United States Environmental Protection Agency as a supervisor or worker and apply and receive certification from the department in the appropriate discipline as a supervisor or worker prior to conducting or offering to conduct a lead-based paint abatement;
9. (9) Failure to obtain training from a licensed training program, a United States Environmental Protection Agency-approved training program, or a training program approved by a state or Indian Tribal program as a supervisor and apply and receive certification from the department as a supervisor prior to supervising and conducting or offering to conduct a lead-based paint abatement;
10. (10) Fraudulently obtaining training through misrepresentation of admission requirements;

11. (11) Fraudulently obtaining certification through fraud or misrepresentation of certification requirements, including:

    1. (A) Education;
    2. (B) Training;
    3. (C) Professional registration; or
    4. (D) Experience;
12. (12) Negligently allowing the duplication or use of the certified individual’s certification by another individual;
13. (13) Failure to present certification documents at a lead-based paint activities work site to department staff in the performance of their duties;

14. (14)

    1. (A) Failure to comply with the work practice standards set forth in this part.
    2. (B) Performing a lead-based paint abatement with open-flame burning or torching of lead-based paint.
    3. (C) Performing a lead-based paint abatement by machine sanding or grinding or abrasive blasting or sandblasting of lead-based paint unless this process is used with a high efficiency particulate air (HEPA) exhaust control which removes particles of three-tenths (0.3) microns or larger from the air at ninety-nine and ninety-seven hundredths percent (99.97%) or greater efficiency.
    4. (D) Performing a lead-based paint abatement by dry scraping of lead-based paint is only allowed in the following limited circumstances:

(i) In conjunction with a heat gun;

1. (ii) Around electrical outlets;

   1. (iii) When treating defective paint spots totaling no more than twenty square feet (20 sq. ft.) on exterior surfaces;

      1. (iv) Performing a lead-based paint abatement by operating a heat gun on lead-based paint at temperatures below one thousand one hundred degrees Fahrenheit (1,100˚ F);
2. (15) Failure to work for a licensed lead-based paint consultant, lead-based paint contractor, or as an in-house employee as defined by this part; or

3. (16) Failure to submit an accurate and complete notice of intent which omits any or all of the following:

   1. (A) Failure to provide notification of the documented methodology used for the abatement project;
   2. (B) Failure to provide the beginning date for the project, including site preparation;
   3. (C) Failure to provide the applicable certification and license numbers;
   4. (D) Failure to provide notification of scheduled work hours; or
   5. (E) Knowingly submitting a notification as an emergency notification when the factual situation does not comply with the provisions of the rule concerning an emergency.

(b) The following shall be considered violations for a training manager or other person with supervisor authority over a lead-based paint activities training program to perform the following:

1. (1) Failure to obtain a license from the department prior to providing, offering to provide, or claiming to provide a lead-based paint activities training course;
2. (2) Misrepresenting the contents of a lead-based paint activities training course to the department and/or the student population;
3. (3) Failure to submit information required pursuant to this part in a timely manner;
4. (4) Failure to establish or maintain records required to be kept pursuant to this part;
5. (5) Falsification of certification records, instructor qualifications, or other certification related information or documentation;
6. (6) Failure to comply with the training standards and requirements in this part;
7. (7) Failure to comply with federal or state lead-based paint statutes or parts; or

8. (8) Making false or misleading statements to the department in application or reapplication documents upon which the department relied in approving the application or reapplication.

   1. (c) The following shall be considered violations for any firm performing lead-based paint activities as defined by this part on child-occupied facilities or target housing:
9. (1) Failure to obtain licensing from the department prior to conducting or offering to conduct lead-based paint activities;

10. (2) Failure to employ individuals who are both trained in United States Environmental Protection Agency-approved training programs or state or Indian Tribal programs approved by the United States Environmental Protection Agency and certified by the department to perform lead-based paint activities on target housing or child-occupied facilities including the following:

    1. (A) Failure to employ individuals who have both obtained training from a United States Environmental Protection Agency-approved, or state or Indian Tribal United States Environmental Protection Agency-approved training provider as an inspector or risk assessor and apply and receive certification from the department in the appropriate discipline as an inspector or risk assessor prior to conducting or offering to conduct lead-based paint inspections and postabatement clearance procedures;
    2. (B) Failure to employ individuals who have both obtained training from a United States Environmental Protection Agency-approved, or state or Indian Tribal United States Environmental Protection Agency-approved training provider as risk assessor and apply and receive certification from the department in the appropriate discipline as a risk assessor prior to conducting or offering to conduct lead-based paint lead-hazard screens, inspections, or risk assessments;
    3. (C) Failure to employ individuals who have both obtained training from a United States Environmental Protection Agency-approved, or state or Indian Tribal United States Environmental Protection Agency-approved training provider as a supervisor or project designer and apply and receive certification from the department in the appropriate discipline as a supervisor or project designer prior to conducting or offering to conduct lead-based paint occupant protection plans;
    4. (D) Failure to employ individuals who have both obtained training from an United States Environmental Protection Agency-approved, or state or Indian Tribal United Sates Environmental Protection Agency-approved training provider as a supervisor or worker and apply and receive certification from the department in the appropriate discipline as a supervisor or worker prior to conducting or offering to conduct a lead-based paint abatement; and
    5. (E) Failure to employ individuals who have both obtained training from an United States Environmental Protection Agency-approved, or state or Indian Tribal United States Environmental Protection Agency-approved training provider as a supervisor and apply and receive certification from the department prior to supervising and conducting or offering to conduct or supervise a lead-based paint abatement;

11. (3) Failure to comply with work practice standards set forth in 20 CAR §§ 130-801 – 130-809, including the following:

    1. (A) Performing a lead-based paint abatement with open-flame burning or torching of lead-based paint;
    2. (B) Performing a lead-based paint abatement by machine sanding or grinding or abrasive blasting or sandblasting of lead-based paint unless this process is used with a high efficiency particulate air (HEPA) exhaust control which removes particles of three-tenths (0.3) microns or larger from the air at ninety nine and ninety-seven hundredths percent (99.97%) or greater efficiency;

    3. (C) Performing a lead-based paint abatement by dry scraping of lead-based paint is only allowed in the following limited circumstances:

       1. (i) In conjunction with a heat gun;
       2. (ii) Around electrical outlets;
       3. (iii) When treating defective paint spots totaling no more than twenty square feet (20 sq. ft.) on exterior surfaces; and
    4. (D) Performing a lead-based paint abatement by operating a heat gun on lead-based paint at temperatures below one thousand one hundred degrees Fahrenheit (1,100˚ F);
12. (4) Failure to comply with federal or state lead-based paint statutes and rules;

13. (5) Submission of false or misleading facts in any documentation provided to the department upon which the department relies in rendering any decision, including:

    1. (A) Certification;
    2. (B) Licensing; or
    3. (C) Enforcement documents;
14. (6) Failure to maintain a supervisor who is both trained in a United States Environmental Protection Agency-approved lead-based paint activities training course, or a state or Indian Tribal United States Environmental Protection Agency-approved training course and certified by the department onsite at the worksite during the lead-based paint abatement project, site preparation, abatement, and postabatement cleanup work; and
15. (7) Failure to establish and maintain all records required to be kept by this part for three (3) years.