§ 2682. — Leadbased paint activities training and certification.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2682]
TITLE 15--COMMERCE AND TRADE
CHAPTER 53--TOXIC SUBSTANCES CONTROL
SUBCHAPTER IV--LEAD EXPOSURE REDUCTION
Sec. 2682. Lead-based paint activities training and
certification
(a) Regulations
(1) In general
Not later than 18 months after October 28, 1992, the
Administrator shall, in consultation with the Secretary of Labor,
the Secretary of Housing and Urban Development, and the Secretary of
Health and Human Services (acting through the Director of the
National Institute for Occupational Safety and Health), promulgate
final regulations governing lead-based paint activities to ensure
that individuals engaged in such activities are properly trained;
that training programs are accredited; and that contractors engaged
in such activities are certified. Such regulations shall contain
standards for performing lead-based paint activities, taking into
account reliability, effectiveness, and safety. Such regulations
shall require that all risk assessment, inspection, and abatement
activities performed in target housing shall be performed by
certified contractors, as such term is defined in section 4851b of
title 42. The provisions of this section shall supersede the
provisions set forth under the heading ``Lead Abatement Training and
Certification'' and under the heading ``Training Grants'' in title
III of the Act entitled ``An Act making appropriations for the
Departments of Veterans Affairs and Housing and Urban Development,
and for sundry independent agencies, commissions, corporations, and
offices for the fiscal year ending September 30, 1992, and for other
purposes'', Public Law 102-139 [105 Stat. 765, 42 U.S.C. 4822 note],
and upon October 28, 1992, the provisions set forth in such public
law under such headings shall cease to have any force and effect.
(2) Accreditation of training programs
Final regulations promulgated under paragraph (1) shall contain
specific requirements for the accreditation of lead-based paint
activities training programs for workers, supervisors, inspectors
and planners, and other individuals involved in lead-based paint
activities, including, but not limited to, each of the following:
(A) Minimum requirements for the accreditation of training
providers.
(B) Minimum training curriculum requirements.
(C) Minimum training hour requirements.
(D) Minimum hands-on training requirements.
(E) Minimum trainee competency and proficiency requirements.
(F) Minimum requirements for training program quality
control.
(3) Accreditation and certification fees
The Administrator (or the State in the case of an authorized
State program) shall impose a fee on--
(A) persons operating training programs accredited under
this subchapter; and
(B) lead-based paint activities contractors certified in
accordance with paragraph (1).
The fees shall be established at such level as is necessary to cover
the costs of administering and enforcing the standards and
regulations under this section which are applicable to such programs
and contractors. The fee shall not be imposed on any State, local
government, or nonprofit training program. The Administrator (or the
State in the case of an authorized State program) may waive the fee
for lead-based paint activities contractors under subparagraph (A)
for the purpose of training their own employees.
(b) Lead-based paint activities
For purposes of this subchapter, the term ``lead-based paint
activities'' means--
(1) in the case of target housing, risk assessment, inspection,
and abatement; and
(2) in the case of any public building constructed before 1978,
commercial building, bridge, or other structure or superstructure,
identification of lead-based paint and materials containing lead-
based paint, deleading, removal of lead from bridges, and
demolition.
For purposes of paragraph (2), the term ``deleading'' means activities
conducted by a person who offers to eliminate lead-based paint or lead-
based paint hazards or to plan such activities.
(c) Renovation and remodeling
(1) Guidelines
In order to reduce the risk of exposure to lead in connection
with renovation and remodeling of target housing, public buildings
constructed before 1978, and commercial buildings, the Administrator
shall, within 18 months after October 28, 1992, promulgate
guidelines for the conduct of such renovation and remodeling
activities which may create a risk of exposure to dangerous levels
of lead. The Administrator shall disseminate such guidelines to
persons engaged in such renovation and remodeling through hardware
and paint stores, employee organizations, trade groups, State and
local agencies, and through other appropriate means.
(2) Study of certification
The Administrator shall conduct a study of the extent to which
persons engaged in various types of renovation and remodeling
activities in target housing, public buildings constructed before
1978, and commercial buildings are exposed to lead in the conduct of
such activities or disturb lead and create a lead-based paint hazard
on a regular or occasional basis. The Administrator shall complete
such study and publish the results thereof within 30 months after
October 28, 1992.
(3) Certification determination
Within 4 years after October 28, 1992, the Administrator shall
revise the regulations under subsection (a) of this section to apply
the regulations to renovation or remodeling activities in target
housing, public buildings constructed before 1978, and commercial
buildings that create lead-based paint hazards. In determining which
contractors are engaged in such activities, the Administrator shall
utilize the results of the study under paragraph (2) and consult
with the representatives of labor organizations, lead-based paint
activities contractors, persons engaged in remodeling and
renovation, experts in lead health effects, and others. If the
Administrator determines that any category of contractors engaged in
renovation or remodeling does not require certification, the
Administrator shall publish an explanation of the basis for that
determination.
(Pub. L. 94-469, title IV, Sec. 402, as added Pub. L. 102-550, title X,
Sec. 1021(a), Oct. 28, 1992, 106 Stat. 3914.)
Section Referred to in Other Sections
This section is referred to in section 2684 of this title; title 42
section 4852.
