HB-4763, As Passed Senate, March 11, 2008

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4763

     A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending section 5453 (MCL 333.5453), as amended by 2002 PA 644.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 5453. (1) "Abatement", except as otherwise provided in

subsection (2), means a measure or set of measures designed to

permanently eliminate lead-based paint hazards. Abatement includes

all of the following:

     (a) The removal of lead-based paint and dust lead hazards, the

permanent enclosure or encapsulation of lead-based paint, the

replacement of lead-painted surfaces or fixtures, the removal or

covering of soil lead hazards, and all preparation, cleanup,

disposal, and postabatement clearance testing activities associated

with such measures.

     (b) A project for which there is a written contract or other

documentation that provides that a person will be conducting

activities in or to a residential dwelling or child occupied

facility that will result in the permanent elimination of lead-

based paint hazards or that are designed to permanently eliminate

lead-based paint hazards.

     (c) A project resulting in the permanent elimination of lead-

based paint hazards, conducted by a person certified under this

part, except a project that is exempt from this part.

     (d) A project resulting in the permanent elimination of lead-

based paint hazards, conducted by a person who, through their

company name or promotional literature, represents, advertises, or

holds themselves out to be in the business of performing lead-based

paint activities except a project that is exempt from this part.

     (e) A project resulting in the permanent elimination of lead-

based paint hazards that is conducted in response to a state or

local government abatement order.

     (2) Abatement does not include any of the following:

     (a) Renovation, remodeling, landscaping, or other activity, if

the activity is not designed to permanently eliminate lead-based

paint hazards, but is instead designed to repair, restore, or

remodel a structure, target housing, or dwelling even though the

activity may incidentally result in a reduction or elimination of a

lead-based paint hazard.

     (b) An interim control, operation, and maintenance activity,

or other measure or activity designed to temporarily, but not

permanently, reduce a lead-based paint hazard.

     (c) Any lead-based paint activity performed by the owner of an

owner-occupied residential dwelling or an owner-occupied

multifamily dwelling containing 4 or fewer units if the activity is

performed only in that owner-occupied unit of the multifamily

dwelling.

     (d) The scraping or removal of paint, painting over paint, or

other similar activity that may incidentally result in a reduction

or elimination of a lead-based paint hazard, if the activity meets

all of the following:

     (i) The activity is performed only on residential or

multifamily dwellings containing 4 or fewer units.

     (ii) The activity is coordinated by a nonprofit charitable or

volunteer organization that meets all of the following:

     (A) Is in compliance with the procedures established under

subpart J of part 35 of title 24 of the code of federal

regulations, 24 CFR 35.900 to 35.940.

     (B) Has written guidelines in place to ensure safe work

practices to protect residents and volunteers from hazards

including, but not limited to, lead exposure and asbestos exposure.

     (C) In writing, discloses to the owner of the residential or

multifamily dwelling all of the following:

     (I) The presence of any known lead-based paint and lead-based

paint hazards.

     (II) Information regarding the lead safe housing registry

maintained by the department under section 5474b.

     (III) Information regarding the owner's obligations under the

federal lead-based paint or lead-based paint hazard disclosure rule

under subpart F of part 745 of title 40 of the code of federal

regulations, 40 CFR 745.100 to 745.119.

     (D) Notifies the department that the residential or

multifamily dwelling may be required to be on the lead safe housing

registry maintained by the department.

     (iii) The activity is performed only by unpaid volunteers and

the organization receives no remuneration directly from the owner

or occupant of the residential dwelling or multifamily dwelling.

     (iv) The activity does not involve the use of a lead-based

paint encapsulating product that requires certification from the

department.

     (v) The activity does not involve the use of high-pressure

water or compressed air cleaning equipment on, the dry sanding of,

or the scraping of, asbestos siding prior to painting.

     (3) "Accredited training program" means a training program

that has been accredited by the department under this part to

provide training for individuals engaged in lead-based paint

activities.

     (4) "Adequate quality control" means a plan or design that

ensures the authenticity, integrity, and accuracy of a sample

including, but not limited to, a dust sample, a soil or paint chip

sample, or a paint film sample. Adequate quality control also

includes a provision in a plan or design described in this

subsection for representative sampling.