[Section 1760 effective until occurrence of contingency; see also contingent amendment to section 1760 .]

§ 1760. Unsafe work practices

(a) All paint in target housing and child care facilities is presumed to be lead-based unless a lead inspector or lead risk assessor has determined that it is not lead-based. Unsafe work practices include the following, unless specifically authorized by permit by the Department:

(1) Removing lead-based paint by:

(A) open flame burning or torching;

(B) use of heat guns operated above 1,100 degrees Fahrenheit;

(C) dry scraping;

(D) machine sanding or grinding;

(E) uncontained hydro-blasting or high-pressure washing;

(F) abrasive blasting or sandblasting without containment and high-efficiency particulate exhaust controls;

(G) chemical stripping using methylene chloride products.

(2) Failing to employ one or more of the following lead-safe work practices:

(A) limiting access to interior and exterior work areas;

(B) enclosing interior work areas with plastic sheathing or other effective lead dust barrier;

(C) using protective clothing;

(D) misting painted surfaces before disturbing paint;

(E) wetting paint debris before sweeping to limit dust creation;

(F) any other measure required by the Department.

(b) No person shall disturb more than one square foot of lead-based paint using unsafe work practices in target housing or in child care facilities. (Added 1995, No. 165 (Adj. Sess.), § 7; amended 2007, No. 176 (Adj. Sess.), § 31.)

[Contingent amendment to section 1760; see also section 1760 effective until occurrence of contingency .]

§ 1760. Presumption of lead-based paint; prohibited and unsafe work practices

(a) All paint in target housing, child-occupied facilities, and pre-1978 public facilities, commercial facilities, and bridges or other superstructures is presumed to be lead-based unless the component affected by the RRPM activity is exempt pursuant to subsection (c) of this section. Unsafe work practices are prohibited and include the following, unless specifically authorized by the Department:

(1) Removing lead-based paint by:

(A) open flame burning or torching;

(B) use of heat guns operated above 1,100 degrees Fahrenheit;

(C) dry scraping or dry sanding;

(D) powered tools;

(E) hydro-blasting or high-pressure washing;

(F) abrasive blasting or sandblasting; and

(G) chemical stripping.

(2) Failing to employ one or more of the lead-safe work practice standards that the Commissioner shall adopt by rule.

(b) A person shall not use unsafe work practices in target housing, child-occupied facilities, pre-1978 public facilities, commercial facilities, and bridges or other superstructures.

(c) A component is exempt from this section if a written inspection report by a licensed lead-based paint inspector or lead-based paint inspector-risk assessor states that the component affected by an RRPM activity is free of lead-based paint, and the owner or firm, or both, conducting the activity has been provided with a copy of the report. Removal of all paint from a component does not exempt the component from the requirements of this section. (Added 1995, No. 165 (Adj. Sess.), § 7; amended 2007, No. 176 (Adj. Sess.), § 31; 2017, No. 149 (Adj. Sess.), § 2; 2019, No. 4, § 1.)