May 15, 2007, Introduced by Rep. Mayes and referred to the Committee on Health Policy.
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 has the effect of reducing or
eliminating 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.
(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.
(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.