Tenn. Comp. R. & Regs. 0400-13-01-.01
(1) Scope and Applicability.
(e) Use of Number and Gender – As used in these rules:
(1) Paragraph
1. Part
(I) Item
I. Subitem
A. Section
(2) No person shall perform or represent that such person is qualified to perform any lead-based paint activities without having received the appropriate certification from the Commissioner, unless such person is:
(3) Definitions. When used in this chapter, the following terms have the meanings given below unless otherwise specified: “Abatement” means any measures or set of measures designed to permanently eliminate lead- based paint hazards. “Abatement” includes but is not limited to:
(c) Specifically, abatement includes, but is not limited to:
(ii) Are designed to permanently eliminate lead-based paint hazards and are described in subparagraphs (a) and (b) of this definition.
(4) Accreditation of Training Programs, Classroom-based and Online Refresher Training Courses: Target Housing and Child-Occupied Facilities.
(a) Scope.
(b) Application process.
(vi) If a training program does not use EPA-recommended model training materials or training materials approved by an authorized state or Indian tribe, its application for accreditation shall also include:
(vii) All training programs shall include in their application for accreditation the following:
(III) A description of the activities and procedures that will be used for conducting the assessment of hands-on skills for each course;
(j) of this paragraph. If a training program’s application is disapproved, the program may reapply for accreditation at any time by filing a new, complete application that includes the correct application fees.
(c) Requirements for the accreditation of training programs. For a training program to obtain accreditation from the Commissioner to offer or conduct lead-based paint activities courses, the program shall meet the following requirements:
(iv) Demonstrated experience, education, or training in the construction industry including lead or asbestos abatement, painting, carpentry, renovation, remodeling, occupational safety and health, or industrial hygiene.
(iii) Demonstrated experience, education, or training in lead or asbestos abatement, painting, carpentry, renovation, remodeling, occupational safety and health, or industrial hygiene.
(iii) Certificates from train-the-trainer courses and lead-specific training courses, as evidence of meeting the training requirements.
(vi) Each training course shall require each student to participate in the minimum training hours, including the minimum hours devoted to hands-on training activities.
(v) To receive a passing score, an individual must correctly answer 70% or more of the course test questions.
(vii) The language in which the course was taught, if other than English;
(ix) For initial inspector, risk assessor, project designer, supervisor, or abatement worker course completion certificates, the expiration date of the training certificate.
(ii) Procedures for the training manager’s annual review of principal instructor competency.
(ii) The training manager must provide the Commissioner updated notification when lead-based paint activities courses will begin on a date other than the start dates specified in the original course notification, as follows:
(v) Each course notification under this part, including updates, must include the following:
(III) Course discipline, type (initial/refresher), and the language in which instruction will be given;
(vii) Lead-based paint activities courses must not begin on a date, or at a location other than that specified in the original notification unless an updated notification identifying a new start date or location is submitted, in which case the course must begin on the new start date and/or location specified in the updated notification.
(ii) The notification must include the following:
(III) Date(s) of training;
(IV) The following information for each student who took the course:
I. Name; II. Address; III. Date of birth; IV. Course completion certificate number;
V. Course test score; VI. A digital photograph of the student; and
(d) Minimum training curriculum requirements. A training program accredited by the Commissioner to offer lead-based paint courses in the specific disciplines listed in this subparagraph must ensure that its courses of study include, at a minimum, the following topics. Requirements ending in an asterisk (*) indicate areas that require hands-on activities as an integral component of the course.
(vii) Preparation of the final inspection report; and *
(vii) Interpretation of lead-based paint and other lead sampling results, including all applicable State or federal guidance or regulations pertaining to lead- based paint hazards; *
(ix) Preparation of a final risk assessment report.
(vii) Lead-based paint hazard recognition and control; *
(xii) Cleanup and waste disposal; and
(vi) Integration of lead-based paint abatement methods with modernization and rehabilitation projects for large-scale abatement projects.
(e) Requirements for the accreditation of refresher training courses. A training program may seek accreditation to offer refresher training courses in any of the following disciplines: inspector, risk assessor, supervisor, project designer, and abatement worker. To obtain State accreditation to offer refresher training, a training program shall allow the Commissioner to audit the training program to verify the contents of the application for accreditation as described in subparagraph (b) of this paragraph. Any refresher training course offered by a training program shall also meet the following minimum requirements:
(iii) Current technologies relating to lead-based paint activities in general, as well as specific information pertaining to the appropriate discipline.
(vii) If the refresher training course materials are not based on EPA-developed model training materials or training materials approved by an authorized state or Indian tribe, the training program’s application for accreditation shall include:
(viii) All refresher training programs shall include in their application for accreditation the following:
(III) A description of the activities and procedures that will be used for conducting the hands-on skills assessment for each course (if applicable); and
(f) Requirements for the accreditation of online asynchronous and synchronous refresher training courses.
(iii) Institutions of higher learning located in the State of Tennessee that have provided documentation of continuing education through online training courses.
(vii) Includes a comprehensive overview of the curriculum requirements contained in subparagraph (d) of this paragraph for the discipline covered;
(xi) Provides a detailed description of how the hands-on component required by part (e)2. of this paragraph for an inspector, risk assessor, supervisor, and abatement worker will be accomplished and how the hands-on skills assessment will be given for each discipline.
(g) Re-accreditation of training programs.
(vi) A statement signed by the program manager confirming:
(vii) A payment of appropriate fees in accordance with paragraph (10) of this rule.
(h) Refusal to review, suspension, revocation, and modification of accredited training programs.
(vii) Made false or misleading statements in its application for accreditation or re- accreditation;
(x) Failed to achieve and maintain active status as a business entity with the Tennessee Secretary of State if required.
(j) Training program recordkeeping requirements.
(iv) Information regarding how the hands-on skills assessment is conducted including, but not limited to:
(III) What facilities are used; and
(vii) Any other material not listed above in subparts (i) through (vi) of this part that was submitted to the Commissioner as part of the program’s application for accreditation; and
(k) Amendment of accreditation.
(5) Certification of Individuals and Firms Engaged in Lead-Based Paint Activities: Target Housing and Child-Occupied Facilities.
(a) Certification of individuals.
(i) Either:
(10) of this rule. Completing the refresher training requirements in subparagraph (c) of this paragraph and passing the national certification exam may be required prior to certification based upon the Commissioner’s evaluation of submitted documents;
(iii) Submit an attestation and documentation complying with the requirements of the Eligibility Verification for Entitlements Act, codified at T.C.A. Title 4, Chapter 58, Part 1.
(b) Inspector, risk assessor, supervisor, project designer, or abatement worker.
(iii) Meet or exceed the following requirements:
(II) Risk assessors:
I. Successful completion of an accredited training course for inspectors; and II. Bachelor’s degree and one year of experience in a related field (e.g., lead, asbestos, environmental remediation work, or construction), or an associate’s degree and two years of experience in a related field (e.g., lead, asbestos, environmental remediation work, or construction); or III. Certification as an industrial hygienist, professional engineer, registered architect, or certification in a related engineering/health/environmental field (e.g., safety professional, environmental scientist); or IV. A high school diploma (or equivalent), and at least three years of experience in a related field (e.g., lead, asbestos, environmental remediation work or construction).
(III) Supervisors:
I. One year of experience as a certified lead-based paint abatement worker; or II. At least two years of experience in a related field (e.g., lead, asbestos, or environmental remediation work) or in the building trades.
(IV) Project designers:
I. Successful completion of an accredited training course for supervisors; II. Bachelor’s degree in engineering, architecture, or a related profession, and one year of experience in building construction and design or a related field; or III. Four years of experience in building construction and design or a related field.
(iii) Course completion certificates from lead-specific or other related training courses, issued by accredited training programs, as evidence of meeting the training requirements.
(ii) Meet or exceed the education and/or experience requirements in subpart 1.(ii) of this subparagraph.
(c) Re-certification of individuals.
(iv) Submit the appropriate application fee in accordance with paragraph (10) of this rule.
(d) Certification of firms.
(vii) All other documentation as may be reasonably requested by the Commissioner to determine whether such application shall be granted or denied.
(e) Violations for individuals.
(vii) Failed to comply with the appropriate work practice standards for lead-based paint activities in paragraph (6) of this rule;
(x) An environmental history that demonstrates an unwillingness or inability to maintain compliance with environmental statutes or regulations.
(f) Violations for firms.
(6) of this rule;
(vii) Been convicted of an environmental felony or found liable in a civil proceeding that involves violations of any state or federal regulation designated to protect human health or the environment; or
(h) Unless otherwise specified in writing by the Commissioner:
(6) Work Practice Standards for Conducting Lead-Based Paint Activities: Target Housing and Child-Occupied Facilities.
(a) Applicability and terms.
(vi) Other equivalent methods and guidelines.
(b) Inspection.
(ii) In a multi-family dwelling or child-occupied facility, each component with a distinct painting history in every common area, except those components that the inspector or risk assessor determines to have been replaced after 1978 or to not contain lead-based paint.
(ii) All collected paint chip samples shall be analyzed according to subparagraph (g) of this paragraph to determine if they contain detectable levels of lead that can be quantified numerically.
(vii) Name, address, and telephone number of the certified firm employing each inspector and risk assessor, if applicable;
(x) The results of the inspection expressed in terms appropriate to the sampling method used.
(c) Lead-hazard screen.
(ii) A visual inspection of the residential dwelling or child-occupied facility shall be conducted to:
(v) In multi-family dwellings and child-occupied facilities, in addition to the floor and window samples required in subpart (iv) of this part, the risk assessor shall also collect composite dust samples from common areas where one or more children, age six and under, are most likely to come into contact with dust.
(ii) All collected dust samples shall be analyzed according to subparagraph (g) of this paragraph to determine if they contain detectable levels of lead that can be quantified numerically.
(ii) All collected paint chip samples shall be analyzed according to subparagraph (g) of this paragraph to determine if they contain detectable levels of lead that can be quantified numerically.
(d) Risk assessment.
(ii) All other surfaces with visibly deteriorated paint.
(ii) Other common areas in the building where the risk assessor determines that one or more children aged six and under are likely to come into contact with dust.
(iii) Drip line/foundation areas where bare soil is present.
(vii) Name, address, and telephone number of the certified firm employing each certified risk assessor if applicable;
(xii) All data collected from on-site testing, including quality control data and, if used, the serial number of any XRF device;
(xvi) To the extent that they are used as part of the lead-based paint hazard determination, the results of any previous inspections or analyses for the presence of lead-based paint, or other assessments of lead-based paint- related hazards;
(e) Lead hazard reduction specifications.
(vii) General requirements and conditions:
(III) Applicable federal, state, and local regulations, standards and guidelines;
(VIII) Occupant protection plan; and
(ix) Execution:
(x) Site-specific hazard reduction measures:
(III) Disposal of lead-based paint materials and lead-based paint waste and debris;
(xii) Site sketch depicting interior floors, rooms, windows, and exterior construction and structures; and
(f) Abatement and lead hazard reductions.
(v) A bound logbook that shall include, but not be limited to, copies of any accident and injury report, results of all air sampling, receipts from the landfill (trip tickets), daily inspection notes concerning any deviation from the standard working procedures, sign-in/sign-out sheets of site visitors and workers, and any other pertinent documents, permits, notification, photographs, and records. The information required to be maintained by this part may be maintained electronically so long as it is available at all times on site and available for review by the Commissioner.
(vi) The occupant protection plan shall contain the work site preparation level of containment as specified in the following tables for interior, exterior, and window treatment lead hazard control activities: Interior Worksite Preparation Levels (Not Including Windows) Description Level 1 Level 2 Level 3 Level 4 Typical Dust removal and Any interim Same as Level 2. Any interim Application any abatement or control or control or (Hazard Controls) interim control abatement abatement method disturbing method disturbing method disturbing no more than two between two and more than 10 square feet of 10 square feet of square feet per painted surface painted surface room. per room per room Time Limit Per One workday. One workday. Five workdays. None. Dwelling Resident Location Inside dwelling, Same as Level 1. Outside the Outside the but outside work dwelling; but can dwelling for area. Resident return in evening duration of must have lead- after day’s work project; cannot safe passage to and cleanup are return until bathroom, at least completed. clearance has one living area, Resident must been achieved. and entry/egress have safe pathways. passage to Alternatively, bathroom, at least resident can leave one living area, the dwelling during and entry/egress the work day. pathways upon return. Alternatively, resident can leave the dwelling until all work is completed. Containment and Single layer of Two layers of Two layers of Two layers of Barrier System plastic sheeting on plastic on entire plastic on entire plastic on entire floor extending five floor. Plastic floor. Plastic sheet floor. If entire unit feet beyond the sheet with with primitive is being treated, perimeter of the primitive airlock airlock flap on all cleaned, and treated area in all flap on all doorways to work cleared, individual directions. No doorways. Doors areas. Doors room doorways plastic sheeting on secured from secured from need not be doorways is inside the work inside the work sealed. If only a required, but a low area need not be area need not be few rooms are physical barrier sealed. Children sealed. Overnight being treated, seal (furniture, wood should not have barrier should be all doorways with planking) to access to plastic locked or firmly primitive airlock prevent sheeting secured. Children flap to avoid inadvertent access (suffocation should not have cleaning entire by resident is hazard). access to plastic dwelling. Doors recommended. sheeting secured from Children should (suffocation inside the work not have access to hazard). area need not be plastic sheeting sealed. (suffocation hazard). Warning Signs Required at entry Same as Level 1. Posted at main Posted at building to room but not on and secondary exterior near main building (unless entryways. and secondary exterior work is entryways. also underway). Ventilation Dwelling Turned off and all Same as Level 2. Same as Level 2. System ventilation system vents in room turned off, but sealed with vents need not be plastic. Negative sealed with plastic pressure zones if they are more (with “negative than five feet away air” machines) are from the surface not required, being treated. unless large Negative pressure supplies of fresh zones (with air must be “negative air” admitted into the machines) are not work area to required, unless control exposures large supplies of to other fresh air must be hazardous admitted into the substances (for work area to example, solvent control exposures vapors). to other hazardous substances (for example, solvent vapors). Furniture Left in place Removed from Same as Level 2. Same as Level 2. uncovered if work area. Large furniture is more items that cannot than five feet from be moved can be working surface. If sealed with a within five feet, single layer of furniture should be plastic sheeting sealed with a and left in work single layer of area. plastic or moved for paint treatment. No covering is required for dust removal. Cleanup HEPA vacuum, HEPA vacuum, Remove top layer Full HEPA (See Chapter 14 wet wash, and wet wash, and of plastic from vacuum, wet of the U.S. HEPA vacuum all HEPA vacuum all floor and discard. wash, and HEPA Department of surfaces and floors surfaces in room. Keep bottom layer vacuum cycle, as Housing and extending 5 feet in Also, wet wash of plastic on floor detailed in Urban all directions from and HEPA for use on the Chapter 14 of the Development the treated vacuum floor in next day. HEPA U.S. Department Guidelines for the surface. For dust adjacent area(s) vacuum, wet of Housing and Evaluation and removal work used as pathway wash, and HEPA Urban Control of Lead- alone, a HEPA to work area. Do vacuum all Development Based Paint vacuum and wet not store debris surfaces in room. Guidelines for the Hazards in wash cycle is inside dwelling Also, wet wash Evaluation and Housing for adequate (i.e., no overnight; use a and HEPA Control of Lead- further discussion second pass with secure locked vacuum floor in Based Paint of cleanup a HEPA vacuum is area. adjacent area(s) Hazards in methods) needed). Also, wet used as pathway Housing. wash and HEPA to work area. Do vacuum floor in not store debris adjacent area(s) inside dwelling used as pathway overnight; use a to work area. Do secure locked not store debris area. inside dwelling overnight; transfer to a locked secure area at the end each day. Dust Sampling Clearance only. Clearance only. One sample Clearance only. collected outside work area every few jobs plus clearance. Exterior Worksite Preparation Levels (Not Including Windows) Description Level 1 Level 2 Level 3 Typical Applications Any interim control or Any interim control or Any interim control or abatement method abatement method abatement method disturbing less than 10 disturbing 10 to 50 square disturbing more than 50 square feet of exterior feet of exterior painted square feet of exterior painted surface per dwelling. surface per dwelling. Also painted surface per Also includes soil control includes soil control work. dwelling. Also includes soil work. control work. Time Limit Per One day. None. None. Dwelling Resident Location Inside dwelling but outside Relocated from dwelling Relocation from dwelling work area for duration of during workday but may for duration of project until project until cleanup has return after daily cleanup final clearance is been completed. has been completed. achieved. Alternatively, resident can leave until all work has been completed. Resident must have lead-safe access to entry/egress pathways. Containment and One layer of plastic on Same as Level 1. Same as Level 1. Barrier System ground extending 10 feet beyond the perimeter of working surfaces. Do not anchor ladder feet on top of plastic (puncture the plastic to anchor ladders securely to ground). For all other exterior plastic surfaces, protect plastic with boards to prevent puncture from falling debris, nails, etc., if necessary. Raise edges of plastic to create a basin to prevent of unexpected precipitation. Secure plastic to side of building with tape or other anchoring system (no gaps between plastic and building). Weight all plastic sheets down with two-by-fours or similar objects. Keep all windows within 20 feet of working surfaces closed, including windows of adjacent structures. Playground Remove all movable items to Same as Level 1. Same as Level 1. Equipment, Toys, a 20-foot distance from Sandbox working surfaces. Items that cannot be readily moved to a 20-foot distance can be sealed with taped plastic sheeting. Signs Post warning signs on the Same as Level 1. Same as Level 1. building and at a 20-foot perimeter around building (or less if distance to next building or sidewalk is less than 20 feet). Weather Do not conduct work if wind Same as Level 1. Same as Level 1. speeds are greater than 20 miles per hour. Work must stop and cleanup must occur before rain begins. Porches One lead-safe entryway Front and rear porches Same as Level 2. must be made available to cannot be treated at the residents at all times. Do not same time if unprotected treat front and rear porches workers must use the at the same time if there is entryway. not a third doorway. Dust & Soil Clearance only. Clearance only. Clearance only. Sampling Porches One lead-safe entryway Front and rear porches Same as Level 2. must be made available to cannot be treated at the residents at all times. Do not same time if unprotected treat front and rear porches workers must use the at the same time if there is entryway. not a third doorway. Window Treatment or Replacement Work Preparation Levels Appropriate Applications Any Window Treatment or Replacement. Resident Location Remain inside dwelling but outside work area until project has been completed. Alternatively, can leave until all work has been completed. Resident must have access to lead-safe entry/egress pathway. Time Limit Per None. Dwelling Containment and One layer of plastic sheeting on ground or floor extending five feet beyond Barrier System perimeter of window being treated/replaced. Two layers of plastic taped to interior wall if working on window from outside; if working from the inside, tape two layers of plastic to exterior wall. If working from inside; implement a minimum Interior Worksite Preparation Level 2. Children cannot be present in an interior room where plastic sheeting is located due to suffocation hazard. Do not anchor ladder feet on top of plastic (puncture the plastic to anchor ladders securely to ground). For all other exterior plastic surfaces, protect plastic with boards to prevent puncture from falling debris, nails, etc. (if necessary). Secure plastic to side of building with tape or other anchoring system (no gaps between plastic and building). Weigh all plastic sheets down with two-by-fours or similar objects. All windows in dwelling should be kept closed. All windows in adjacent dwelling that are closer than 20 feet to the work area should be kept closed. Signs Post warning signs on the building and at a 20-foot perimeter around building (or less if distance to next building or sidewalk is less than 20 feet). If window is to be removed from inside, no exterior sign is necessary. Security Erect temporary fencing or barrier tape at a 20-foot perimeter around building (or less if distance to next building or sidewalk is less than 20 feet). Use a locked dumpster, covered truck, or locked room to store debris before disposal. Weather Do not conduct work if wind speeds are greater than 20 miles per hour. Work must stop and cleanup must occur before rain begins, or work should proceed from the inside only. Playground Removed from work area and adjacent areas. Remove all items to a 20-foot Equipment, Toys, distance from dwelling. Large, unmovable items can be sealed with taped plastic Sandbox sheeting. Cleaning If working from inside, HEPA vacuum, wet wash, and HEPA vacuum all interior surfaces within 10 feet of work area in all directions. If working from the exterior, no cleaning of the interior is needed, unless the containment is breached. Similarly, no cleaning is needed on the exterior if all work is done on the interior and the containment is not breached. If containment is breached, then cleaning on both sides of the window should be performed. No debris or plastic should be left out overnight if work is not completed. All debris must be kept in a secure area until final disposal.
(iv) Operating a heat gun on lead-based paint is permitted only at temperatures below 1100 degrees Fahrenheit.
(i) If soil is removed:
(ii) If soil is not removed, the soil shall be rendered permanently covered soil.
(v) The following post-abatement clearance activities shall be conducted as appropriate based upon the extent or manner of abatement activities conducted in or to the residential dwelling or child-occupied facility:
(vii) The certified inspector or risk assessor shall compare the residual lead level (as determined by the laboratory analysis) from each single surface dust sample with clearance levels in subpart (viii) of this part for lead in dust on floors, interior windowsills, and window troughs or from each composite dust sample with the applicable clearance levels for lead in dust on floors, interior windowsills, and window troughs divided by half the number of subsamples in the composite sample. If the residual lead level in a single surface dust sample equals or exceeds the applicable clearance level or if the residual lead level in a composite dust sample equals or exceeds the applicable clearance level divided by half the number of subsamples in the composite sample, the components represented by the failed sample shall be re- cleaned and retested.
(iii) The randomly selected residential dwellings shall be sampled and evaluated for clearance according to the procedures found in part 9. of this subparagraph.
(g) Collection and laboratory analysis of samples. Any paint chip, dust, or soil sample collected pursuant to the work practice standards contained in this paragraph shall be:
(h) Composite dust sampling. Composite dust sampling may only be conducted in the situations specified in subparagraphs (c), (d), and (f) of this paragraph. If such sampling is conducted, the following conditions apply:
(i) Determinations.
(ii) On any surface like a surface tested in the same room equivalent that has a similar painting history and that is found to be lead-based paint.
(iv) If there is any other deteriorated lead-based paint in any residential building or child-occupied facility or on the exterior of any residential building or child- occupied facility.
(iii) On floors or interior windowsills in an unsampled common area in a multi- family dwelling, if a dust-lead hazard is present on floors or interior windowsills, respectively, in at least one sampled common area in the same common area group on the property.
(k) Notification. A certified firm must notify the Commissioner of lead-based paint activities as follows:
(ii) For lead-based paint activities beginning after the start date provided to the Commissioner, an updated notification must be received by the Commissioner on or before the start date provided to the Commissioner.
(vii) Property address including apartment or unit number(s) (if applicable) for abatement work;
(xii) Name, title, and signature of the representative of the certified firm who prepared the notification.
(9) Inspections. The Commissioner and the Commissioner’s designated staff have the authority to enter any structure, including residences, where lead-based paint activities have occurred, or are being conducted, for the purpose of determining compliance with lead-based paint abatement requirements, provided they either:
(10) Fees for Accreditation, Certification, and Registration of Lead-Based Paint Activities.
(b) Persons who must pay fees. Fee amounts in accordance with this paragraph must be paid by:
(c) Fee amounts.
(d) Photo identification certification card or certificate replacement.
(iii) Training Programs. “Accreditation Application for Training Programs.”
Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101; and 68-131-401, et seq. Administrative History: New rules filed March 7, 2024; effective June 5, 2024. Chapter was transferred from 1200-01-18 which was repealed.