Section 822-X-1-.02 - Applicability (Alabama Administrative Code)

§ 822-X-1-.02. Applicability

(1) This chapter applies to target housing and child-occupied facilities as defined in 40 CFR 745.223 and in AAC Chapter 420-3-27.03.

(2) This Chapter applies to all persons who are engaged in lead-based paint hazard reduction activities as defined in 40 CFR 233 and in AAC Chapter 420-3-27-.03 that are conducted in or on target housing or child-occupied facilities.

(3) This Chapter shall apply to any person contracted by the owner of a residential dwelling or child occupied facility to perform lead hazard reduction or abatement activities or to plan such activities and to where the owner performs such activities in or upon another residential dwelling which is not his or her private residence or the portion thereof.

(4) This Chapter applies to each department, agency, and instrumentality of the executive, legislative, and judicial branches of the Federal government or the state of Alabama having jurisdiction or control over any property or facility, or engaged in any activity resulting in or which may result in a lead-based paint hazard and each officer, agent, or employee thereof, is subject to, and must comply with all substantive and procedural requirements regarding lead-based paint, lead-based paint activities, and lead hazard reduction activities set out herein and in any local, State, or Federal regulations.

(5) This Chapter shall not apply to persons performing lead-based paint abatement within a residential dwelling that they unless the residential dwelling is occupied by a person or persons other than the owner or the owner's immediate family while these activities are being performed, or by a child residing in the building that has been identified as having an elevated blood lead level.

(New Rule: Filed June 19, 1998; effective July 24, 1998. Amended: Filed December 4, 2003; effective January 8, 2004. Amended: Filed November 3, 2009; effective December 8, 2009.)

Authors: John Sikes, Gayle Howell, Kim Whitehurst, Charles Markin, Jason Brasfield

Statutory Authority: Act No. 97-553.

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