DEPARTMENT OF COMMUNITY HEALTH  
HEALTH LEGISLATION AND POLICY DEVELOPMENT  
LEAD HAZARD CONTROL  
(By authority conferred on the department of community health by sections 2226,  
5461 to 5464, 5466, 5468 to 5470, 5473a, and 5475 to 5477 of 1978 PA 368, and  
Executive Reorganization Order No. 1996-1, being MCL 333.2226, 333.5461 to  
333.5464, 333.5466, 333.5468 to 333.5470, 333.5473a, 333.5475 to 333.5477, and  
330.3101)  
PART 1. GENERAL PROVISIONS  
R 325.99101 Scope; application; rescission.  
Rule 101. (1) These rules apply to all activities defined by sections 5451 to 5477 of  
1978 PA 368, MCL 333.5451 to 333.5477 and referred to in these rules as the "act."  
(2) These rules provide specifications applicable to lead-based paint activities for  
all of the following:  
(a) Training program requirements  
(b) Certification requirements.  
(c) Work practice standards.  
(d) Notification requirements.  
(e) Enforcement actions.  
(3) These rules replace R 325.9901 to R 325.9925, which are hereby rescinded.  
History: 2005 AACS.  
R 325.99102 Definitions.  
Rule 102. (1) As used in these rules:  
(a)"EBL environmental investigation" means both of the following:  
(i) A study for case management purposes of the living environment of 1 or more  
children 6 years of age or less with an elevated blood lead level performed by an  
EBL investigator to identify causative lead exposures.  
(ii) The provision of a report by the EBL investigator explaining the results of  
the study and options for remediation of exposures.  
(b) EBL "investigator" means a certified risk assessor who has been endorsed  
by the department to conduct EBL environmental investigations.  
(c) "Emergency renovation operations" means renovation activities, such as  
operations necessitated by non-routine failures of equipment, that were not planned but  
result from a sudden, unexpected event that, if not immediately attended to, presents a  
safety or public health hazard, or threatens equipment and/or property with significant  
damage.  
Page 1  
Courtesy of www.michigan.gov/orr  
(d) "Lead hazard control activity" means a measure or set of measures which are  
designed or performed specifically to reduce or eliminate lead-based paint hazards in  
target housing and child-occupied facilities. Lead hazard control activity includes, but  
is not limited to, abatement, interim controls and clearance examinations.  
(e) "Pamphlet" means the US EPA's pamphlet number EPA 747-K-99-001,  
entitled "Protect Your Family From Lead in Your Home," or a true reproduction,  
or an equivalent pamphlet approved by the department.  
(f) "Renovation" means the modification of an existing residential dwelling, or  
portion thereof, that results in the disturbance of painted surfaces, unless the activity  
is performed as part of an abatement as defined in the act. Renovation includes, but is  
not limited to, the removal or modification of building components, surface preparation  
of painted surfaces, and window or door replacement to improve structural or  
operational integrity.  
(g) "Renovator" means any person who performs for compensation a renovation.  
(2) Unless the context dictates otherwise, terms defined in sections 5453 to 5460 of  
the act have the same meanings when used in these rules.  
History: 2005 AACS; 2007 AACS.  
R 325.99103 Recordkeeping.  
Rule 103. (1) A person who is certified by the department, the act, and these rules  
shall maintain all records required by the act and these rules for not less than 3 years.  
(2) A person or individual who prepares a report or plan required by these  
rules shall maintain the report or plan for not less than 3 years, and shall provide copies  
of the report or plan not later than 20 business days after completion of the  
activity for which the report or plan was prepared to both of the following persons:  
(a) The building owner.  
(b) The person who contracted for the person's or individual's services, if different  
than the owner.  
(3) A training program shall maintain the records required by these rules for not  
less than 3½ years at the address specified on the training program accreditation  
application.  
History: 2005 AACS; 2007 AACS.  
R 325.99104 Enforcement actions.  
Rule 104. (1) Any person who violates the act or these rules or fails to satisfy  
agreed upon conditions for settlement of a violation shall be subject to 1 or more of the  
following enforcement actions, as determined by the department:  
(a) Notice of noncompliance.  
(b) Citation.  
(c) Denial of certification or accreditation.  
(d) Suspension of certification or accreditation by cease operations order.  
(e) Summary suspension of certification or accreditation.  
(f) Revocation of certification or accreditation.  
Page 2  
Courtesy of www.michigan.gov/orr  
(g) Criminal sanction in accordance with section 5477 of the act.  
(h) Administrative fines.  
(2) The department shall consider the circumstance, extent, probability of harm, and  
repetitive nature of the violation to determine the degree and severity of enforcement  
actions taken, including administrative fines.  
(3) Not later than 15 working days after receipt of a citation issued under section  
5476 of the act, a person who is alleged to have violated the act or these rules may  
appeal the alleged violation by petitioning the department. If the appeal is not resolved  
as a result of a pre-hearing conference, the person who is alleged to have violated the  
act or these rules may then petition the department for an administrative hearing not  
later than 15 working days after completion of the pre-hearing conference. The  
department shall conduct an administrative hearing in accordance with 1969 PA 306,  
MCL 24.201. A citation and associated administrative fine become final if the  
department does not receive a petition for either a pre-hearing conference or an  
administrative hearing within the time specified in this subrule of this rule.  
History: 2005 AACS; 2007 AACS.  
PART 2. TRAINING PROGRAMS  
R 325.99201 Training program accreditation; disciplines; training manager;  
principal instructor.  
Rule 201. (1) A person may seek accreditation for a training program to offerasd  
int training courses leading to certication of individuals pursuant to requirements in  
the act and these rules.  
(2) A person seeking accreditation for a training program shall submit a written  
application to the department containing all of the following:  
(a) If the applicant is a sole proprietorship or corporation, its "doing business as"  
or corporate identification number.  
(b) The name of each principal position, partner, shareholder, member, or owner.  
(c) The training program's name, address, and telephone number.  
(d) A statement signed by the training program manager certifying that the training  
program meets the requirements established by the act and these rules.  
(e) A copy of the quality control plan as defined in R 325.99204.  
(f) The fee required by the act and these rules.  
(g) A sample of the training completion certificate required by R 325.99202.  
(3) A training program shall meet all of the following requirements in order to  
become accredited to offer courses in lead-based paint activities:  
(a) Employ a training manager who has demonstrated experience, education, or  
training in the construction industry and has at least 1 of the following:  
(i) Not less than 2 years of experience, education, or training in teaching workers or  
adults.  
(ii) A bachelor's or graduate degree in any of the following:  
(A) Building construction technology.  
(B) Engineering.  
Page 3  
Courtesy of www.michigan.gov/orr  
(C) Industrial hygiene.  
(D) Safety.  
(E) Public health.  
(F) Education.  
(G) Business administration or program management.  
(H) A field related to any of the areas specified in this paragraph.  
(iii) Two years of experience in managing a training program specializing in  
environmental hazards.  
(b) Provide that the training manager described in subdivision (a) of this subrule  
designate a qualified principal instructor for each course who shall possess all of the  
following qualifications:  
(i) Demonstrated experience, education, or training in teaching workers or adults.  
(ii) Successful completion of the training course which has been accredited by EPA  
or EPA-authorized state or tribe, which they intend to instruct.  
(iii) Demonstrated experience, education, or training in any of the following:  
(A) Lead or asbestos abatement.  
(B) Painting.  
(C) Carpentry.  
(D) Renovation.  
(E) Remodeling.  
(F) Occupational safety and health.  
(G) Industrial hygiene.  
(c) Provide that the principal instructor described in subdivision (b) of this subrule  
be responsible for the organization of the course and oversight of the teaching of all  
course material. A training manager may designate guest instructors as needed to  
provide instruction specific to the lecture, hands-on activities, or work practice  
components of a course.  
(4) The following documents are recognized by the department as evidence that a  
training manager or a principal instructor has the education, work experience, training  
requirements, or demonstrated experience specifically listed in these rules, which  
documentation is not required to be submitted with the accreditation application but, if  
not submitted, shall be retained by the training program as required by the  
recordkeeping requirements of these rules:  
(a) An official academic transcript or diploma as evidence of meeting the education  
requirements.  
(b) A resume, letter of reference, or documentation of work experience, as evidence  
of meeting the work requirements.  
(c) A certificate from a train-the-trainer course or a lead-specific training  
course, or both, as evidence of meeting training requirements.  
(5) A person may seek accreditation for a training program to offer 1 or more of  
the following courses for lead-based paint activities:  
(a) Core lead basics.  
(b) Inspector.  
(c) Risk assessor.  
(d) Supervisor.  
(e) Worker.  
Page 4  
Courtesy of www.michigan.gov/orr  
(f) Project designer.  
(g) Clearance technician.  
(6) A person may also seek accreditation for a training program to offer  
refresher courses for each of the lead-based paint training activities described in  
subrule (5), of this rule except for core lead basics.  
(7) A person seeking accreditation for a training course under subrule (5) of this  
rule shall submit a written application to the department containing all of the following:  
(a) The name of the course for which accreditation is being sought.  
(b) A copy of the student and instructor manuals, handouts, and other materials  
to be used for each course.  
(c) A copy of the course agenda for each course, including the length of time spent  
on each topic.  
(d) A description of the facilities and equipment to be used for lecture and hands-  
on training.  
(e) A description of the course examination, including blueprint, length, format,  
and passing score.  
(f) A description of the activities and procedures that will be used for conducting  
the hands-on skills assessment for each course.  
(g) A course outline describing the location within the course materials of each topic  
required by these rules.  
(h) The fee required by the act.  
History: 2005 AACS.  
R 325.99202 Training program requirements; facilities; course test; skills  
assessment; course certificate; audit by the department.  
Rule 202. (1) A training program accredited under section 5462 of the act shall  
ensure the availability of, and provide adequate facilities for, the delivery of the  
lecture, course test, hands-on training and assessment activities including, but not  
limited to, providing training equipment that reflects current work practices and  
maintaining or updating the equipment and facilities of the training program, as needed.  
(2) For each course offered, except the core lead basics course, the training  
program shall conduct a course test at the completion of the course and, if applicable, a  
hands-on skills assessment. Each individual enrolled in the training program shall  
successfully complete the hands-on skills assessment, if conducted for that course, and  
receive a passing score on the course test to pass a course.  
(3) The training manager shall maintain the validity and integrity of the hands-on  
skills assessment to ensure that it accurately evaluates the trainees' performance of  
the work practices and procedures associated with the course topics contained in these  
rules, and the course test to ensure that it accurately evaluates the trainees' knowledge  
and retention of the course topics.  
(4) The training program's course test shall be developed in accordance with the  
test blueprint submitted with the training program accreditation application.  
(5) The training program shall issue course completion certificates to each  
individual who passes the training course. The course completion certificate shall  
include all of the following:  
Page 5  
Courtesy of www.michigan.gov/orr  
(a) The name and address of the individual, along with a unique  
identification number.  
(b) The name of the particular course that the individual passed.  
(c) Dates of course completion and test passage.  
(d) Expiration date of course certificate (3 years from course completion).  
(e) The name, address, and telephone number of the training program.  
(f) Expiration date of the individual's eligibility to take the third-party examination  
(6 months from course completion).  
(6) The training manager shall allow the department to audit the training program  
and courses to verify the contents of the application for accreditation.  
History: 2005 AACS.  
R 325.99203 Training records.  
Rule 203. (1) An accredited training program shall maintain, and make available  
to the department, upon request, all of the following records:  
(a) Each document that demonstrates the qualification of a training manager or a  
principal instructor.  
(b) Current curriculum and course materials and documents reflecting changes  
made to these materials.  
(c) The course test blueprints.  
(d) Information regarding how the hands-on skills assessment is conducted  
including, but not limited to, all of the following:  
(i) The person conducting the hands-on skills assessment.  
(ii) The method of grading the hands-on skills.  
(iii) A description of the facilities used.  
(iv) The pass/fail determination.  
(e) The quality control plan.  
(f) Any other material that was submitted to the department as part of the program's  
application for accreditation.  
(g) Notifications of course schedules.  
(h) Course participant information.  
(i) Examination results.  
(j) Copies of the certificates issued.  
(2) The training program shall notify the department in writing within 30 days of  
changing the address specified on its training program accreditation application or  
transferring the records from that address.  
History: 2005 AACS.  
R 325.99204 Quality control plan.  
Rule 204. The training manager shall develop and implement a quality control  
plan designed to maintain and improve the quality of the training program. The quality  
control plan shall contain at least both of the following elements:  
Page 6  
Courtesy of www.michigan.gov/orr  
(a) Procedures for periodic revision of training materials and the course test to  
reflect innovations in the field.  
(b) Procedures for the training manager's annual review of each principal  
instructor's competence.  
History: 2005 AACS.  
R 325.99205 Core lead basics course requirements.  
Rule 205. A training program accredited under section 5462 of the act  
shall provide a training course that meets all of the following requirements to  
become accredited for corelead basics:  
(a) The training course shall last a minimum of 8 training hours.  
(b) The training course shall include, at a minimum, all of the following course  
topics:  
(i) The roles and responsibilities of lead-based paint professionals.  
(ii) Background information on the nature of lead, its uses, adverse health effects,  
exposure monitoring methods, and sources of exposure to humans.  
(iii) Background information on federal and state regulations and guidance that  
pertain to lead-based paint activities including generally applicable occupational health  
and safety standards.  
(iv) The requirements and procedures for certification under the lead abatement  
act and these rules.  
History: 2005 AACS.  
R 325.99206 Lead abatement worker training course requirements.  
Rule 206. A training program accredited under section 5462 of the act shall  
provide a training course that meets the following requirements in order to become  
accredited for the discipline of lead worker:  
(a) The training course shall last a minimum of 16 training hours, with a minimum  
of 8 hours devoted to hands-on training activities.  
(b) The training course shall include, at a minimum, all of the following course  
topics:  
(i) The role and responsibilities of a lead worker.  
(ii) Lead exposure in construction standard, R 325.51991 and R 325.51992.  
(iii) The following topics which have hands-on activities as an integral part of the  
course:  
(A) Lead-based paint hazard control methods, both permanent and temporary,  
including restricted practices.  
(B) Interior dust-lead hazard control methods, both permanent and temporary,  
and cleanup procedures.  
(C) Soil-lead hazard and exterior dust hazard control methods, both permanent  
and temporary.  
(D) Personal protective equipment selection, use, and care.  
Page 7  
Courtesy of www.michigan.gov/orr  
History: 2005 AACS.  
R 325.99207 Lead abatement supervisor training course requirements.  
Rule 207. A training program accredited under section 5462 of the act  
shall provide a training course that meets the following requirements to become  
accredited for the discipline of supervisor:  
(a) The training course shall last a minimum of 8 training hours, with a minimum  
of 3 hours devoted to hands-on activities.  
(b) The training course shall include, at a minimum, all of the following course  
topics:  
(i) The role and responsibilities of a supervisor.  
(ii) Liability and insurance issues relating to lead -based paint hazard control.  
(iii) Cleanup and waste disposal.  
(vi) Recordkeeping.  
(v) The following topics which have hands-on activities as an integral part of the  
course:  
(A) Risk assessment and inspection report interpretation.  
(B) The development and implementation of an occupant protection plan and  
hazard control report.  
(C) Lead-based paint hazard recognition and control.  
(D) Clearance standards and testing, including retesting procedures.  
History: 2005 AACS.  
R 325.99208 Inspector training course requirements.  
Rule 208. A training program accredited under section 5462 of the act shall provide  
a training course that meets the following requirements to become accredited for the  
discipline of inspector:  
(a) The training course shall last a minimum of 16 training hours, with a minimum  
of 6 hours devoted to hands-on training activities.  
(b) The training course shall include, at a minimum, all of the following course  
topics:  
(i) The role and responsibilities of an inspector.  
(ii) Recordkeeping.  
(iii) The following topics which also have hands-on activities as an integral part  
of the course:  
(A) Most current lead-based paint inspection methods, including the selection  
of rooms and components for sampling or testing.  
(B) Documented sampling methodologies, including X-ray fluorescence.  
(C) Clearance standards and testing, including random selection of sampling sites  
and retesting.  
(D) Preparation of a final inspection report.  
History: 2005 AACS.  
Page 8  
Courtesy of www.michigan.gov/orr  
R 325.99209 Risk assessor training course requirements.  
Rule 209. A training program accredited under section 5462 of the act  
shall  
provide a training course that meets all of the following requirements to  
become accredited for the discipline of risk assessor:  
(a) The training course shall last a minimum of 16 training hours, with a  
minimum of 6 hours devoted to hands-on training activities.  
(b) The training course shall include, at a minimum, all the following  
course topics:  
(i) The role and responsibilities of a risk assessor.  
(ii) Sources of environmental lead contamination such as paint, surface  
dust, soil, water, air, packaging, and food.  
(iii) The collection of background information to perform a risk assessment.  
(iv) Recordkeeping.  
(v) The following topics which have hands-on activities as an integral part  
of the course:  
(A) Visual inspection for the purposes of identifying potential sources of  
lead-based paint hazards.  
(B) Most current sampling methods for other sources of lead exposure.  
(C) The interpretation of lead-based paint and other lead sampling results,  
including applicable state or federal guidance or regulations pertaining to  
lead-based paint hazards.  
(D) The development of lead hazard control options, both permanent and  
temporary, including operations and maintenance activities.  
(E) Preparation of a final risk assessment report.  
History: 2005 AACS.  
R 325.99210 Clearance technician training course requirements.  
Rule 210. A training program accredited under section 5462 of the act  
shall  
provide a training course that meets all of the following requirements become  
accredited for the discipline of clearance technician:  
(a) The training course shall last a minimum of 8 training hours with a  
minimum of 2 hours devoted to hands-on training activities.  
(b) The training course shall include, at a minimum, all of the following  
course topics:  
(i) The role, responsibilities, and limitations of a clearance technician.  
(ii) Background information on federal, state, and local regulations and  
guidance that pertains to non-abatement lead hazard control activities.  
(iii) Recordkeeping.  
(iv) The following topics which have hands-on activities as an integral  
part of the course:  
(A) Documented lead-based paint clearance sampling methodologies, including  
visual assessment, and selection of locations and components for sampling.  
Page 9  
Courtesy of www.michigan.gov/orr  
(B) Clearance standards and testing.  
(C) Interpretation of sample results and retesting procedures.  
(D) Preparation of the clearance report.  
History: 2005 AACS.  
R 325.99211 Project designer training course requirements.  
Rule 211. A training program accredited under section 5462 of the act shall  
provide a training course that meets all of the following requirements to  
become accredited for the discipline of project designer:  
(a) The training course shall last a minimum of 8 training hours.  
(b) The training course shall include, at a minimum, all of the following  
topics:  
(i) The role and responsibilities of a project designer.  
(ii) The development and implementation of an occupant protection plan for  
large-scale lead hazard control projects. Hands-on activities shall be an  
integral part of this topic.  
(iii) Lead-based paint hazard control methods, both permanent and  
temporary, for large-scale lead hazard control projects, including  
restricted practices  
(iv) Interior dust-lead hazard control methods, both permanent and  
temporary, and cleanup procedures for large-scale lead hazard control  
projects.  
(v) Clearance standards and testing for large-scale lead hazard control  
projects.  
(vi) Integration of lead-based paint hazard control methods with  
modernization and rehabilitation projects for large-scale lead hazard control  
projects.  
(vii) Preparation of lead hazard control specifications for multi family  
housing and child-occupied facilities.  
History: 2005 AACS.  
R 325.99212 Requirements for accreditation of refresher training.  
Rule 212. (1) To become accredited to offer a refresher training course for  
the disciplines described in R 325.99201, a training program shall ensure  
that its course of study includes, at a minimum, all of the following:  
(a) A review of the curriculum topics of the initial courses prescribed in  
these rules or other rules promulgated by the department.  
(b) An overview of current safety practices relating to lead-based paint  
activities in general, as well as specific information pertaining to the  
appropriate discipline.  
(c) Current laws and regulations relating to lead-based paint activities in  
general, as well as specific information pertaining to the appropriate  
discipline.  
Page 10  
Courtesy of www.michigan.gov/orr  
(d) Current technologies relating to lead-based paint activities in  
general, as well as specific information pertaining to the appropriate  
discipline.  
(2) A training program may apply for accreditation of a refresher course  
concurrently with its application for accreditation of the corresponding  
initial training course.  
(3) Each refresher course, except for the project designer course, shall  
last a minimum of 8 training hours. The project designer refresher course  
shall last a minimum of 4 training hours. The supervisor and project  
designer refresher courses may be conducted concurrently if the materials for  
each are adequately covered.  
(4) For each refresher course offered, the training program shall conduct a  
course test at the completion of the course.  
(5) A training program's application for accreditation of the refresher  
course shall include all of the following information:  
(a) A copy of the student and instructor manuals to be used for each course.  
(b) A copy of the course agenda for each course.  
(c) A description of the facilities and equipment to be used for lectures  
and hands-on training.  
(d) A copy of the course test blueprint for each course.  
(e) A description of the activities and procedures that shall be used for  
conducting the assessment of hands-on skills for each course, if applicable.  
(f) A copy of the quality control plan as described in R 325.99204.  
History: 2005 AACS.  
R 325.99213 Reaccreditation of training program.  
Rule 213. (1) A training program seeking to maintain accreditation to  
offer courses in lead-based paint activities shall annually submit to the  
department both of the following:  
the following information:  
(a) An application containing all of  
(i) The training program's name, address, and telephone number.  
(ii) A list of courses for which the program is applying for  
reaccreditation.  
(iii) A description of any changes to the training facility, equipment,  
course materials, or instructors since the program's last application was  
approved.  
(iv) A statement signed by the program manager stating both of the  
following:  
(A) The training program complies at all times with the requirements of the  
act and these rules.  
(B) The recordkeeping and reporting requirements of these rules shall be  
followed.  
(b) The fee or fees specified in the act and these rules.  
(2) A training program seeking reaccreditation under subrule (1) of this  
rule shall submit the application, including the appropriate fees, not less  
Page 11  
Courtesy of www.michigan.gov/orr  
than 45 days before the expiration date of the previous year's accreditation.  
(3) The training program's accreditation shall not expire during the  
department's review or audit of a timely and sufficient reaccreditation  
application.  
History: 2005 AACS.  
PART 3. CERTIFIED INDIVIDUALS AND FIRMS  
R 325.99301 Lead professional certification; disciplines; third party  
examination.  
Rule 301. (1) An individual may seek certification by the department under  
section 5468 of the act to engage in lead-based paint activities in the  
following disciplines:  
(a) Lead worker.  
(b) Lead supervisor.  
(c) Lead inspector.  
(d) Risk assessor.  
(e) Clearance technician.  
(f) Project designer.  
(2) A certified risk assessor may seek endorsement by the department to  
conduct EBL environmental investigations as an EBL investigator. A certified  
risk assessor seeking endorsement under this subrule shall submit an  
application to the department demonstrating compliance with the requirements  
of R 325.99302 for EBL investigator.  
(3) An individual seeking certification under subrule (1) of this rule to  
engage in lead-based paint activities shall pay the appropriate fees required  
under the act and submit an application to the department demonstrating  
either of the following:  
(a) Compliance with the requirements of R 325.99302 for the specific  
discipline for which certification is sought.  
(b) Possession of a valid lead-based paint certification, license, or  
equivalent, as determined by the department, issued by an EPA lead-based  
paint training and certification program, or a program that has been  
authorized by the EPA pursuant to 40 CFR part 745, in the specific discipline  
for which certification is sought, including successful completion of a  
third-party examination.  
(4) If required by R 325.99302, an individual shall pass an appropriate  
third-party examination within 6 months after receiving a course completion  
certificate to be eligible for certification. An individual is not eligible  
to take the third party exam more than 3 times within the 6 months after  
receiving a course completion certificate.  
(5) The fees for third-party certification exams shall be each of the  
following:  
(a) Inspector/risk assessor combination $125.00.  
Page 12  
Courtesy of www.michigan.gov/orr  
(b) All other examinations  
$75.00 per discipline.  
(6) An individual who fails to pass the third-party examination after 3  
attempts within the 6 months after receiving a course completion certificate  
shall retake the appropriate initial training course from an accredited  
training program before reapplying for certification from the department.  
(7) An individual who fails to pass the third-party examination within 3  
years after completing the initial accredited training course shall retake  
the appropriate initial course from an accredited training program before  
applying for certification from the department.  
(8) After an individual submits an application demonstrating that he or she  
meets the appropriate training, education, and experience requirements, and  
passes the appropriate certification exam, the department shall issue a  
certification document to the individual in the specific discipline for which  
certification is sought. To maintain certification, an individual shall be  
recertified pursuant to R 325.99304.  
History: 2005 AACS; 2007 AACS.  
R 325.99302 Lead professional certification requirements; inspector; risk  
assessor; clearance technician; supervisor; worker; project designer;  
endorsement as EBL investigator.  
Rule 302. (1) Individuals seeking certification as a lead abatement worker  
under section 5468 of the act shall meet all of the following requirements:  
(a) Successfully complete both of the following courses:  
(i) An accredited core lead basics course.  
(ii) An accredited training course for lead abatement workers.  
(b) Pass the third-party examination for lead abatement worker. Additional  
experience or education is not required.  
(2) Individuals seeking certification as a lead abatement supervisor under  
section 5468 of the act shall meet all of the following requirements:  
(a) Successfully complete all of the following courses:  
(i) An accredited core lead basics course.  
(ii) An accredited training course for workers.  
(iii) An accredited training course for supervisors.  
(b) Pass the third-party examination for supervisor.  
(c) Have either of the following:  
(i) Not less than 1 year of experience as a certified lead abatement worker.  
(ii) Not less than 2 years of experience in a related field, for example,  
lead, asbestos, environmental remediation work, building construction, or the  
building trades.  
(3) Individuals seeking certification as a lead inspector under section  
5468 of the act shall meet all of the following requirements:  
(a) Possess a high school diploma, or equivalent.  
(b) Successfully complete both of the following courses:  
(i) An accredited core lead basics course.  
(ii) An accredited training course for inspectors.  
Page 13  
Courtesy of www.michigan.gov/orr  
(c) Pass the third-party examination for lead inspector. No additional  
experience is required.  
(4) Individuals seeking certification as a lead risk assessor under section  
5468 of the act shall meet all of the following requirements:  
(a) Successfully complete all of the following:  
(i) An accredited core lead basics course.  
(ii) An accredited training course for inspectors.  
(iii) An accredited training course for risk assessors.  
(b) Pass the third party examinations for both inspector and risk assessor,  
or a combination thereof, as determined by the department.  
(c) Have any 1 of the following:  
(i) Possess a bachelor's degree, and have not less than 1 year of  
experience in a related field, for example, lead, asbestos, building  
construction, or environmental remediation work.  
(ii) Possess an associate's degree, and have not less than 2 years of  
experience in a related field, for example, lead, asbestos, building  
construction, or environmental remediation work.  
(iii) Possess a high school diploma or equivalent and have not less than 3  
years of experience in a related field, for example lead, asbestos, building  
construction, or environmental remediation work.  
(iv) Be certified or registered as any 1 or more of the following:  
(A) Industrial hygienist.  
(B) Safety professional.  
(C) Professional engineer.  
(D) Nurse.  
(E) Sanitarian.  
(F) Architect.  
(G) Other related field, as determined by the department.  
(5) Individuals seeking certification as a lead clearance technician under  
section 5468 of the act shall meet all of the following requirements:  
(a) Successfully complete both of the following courses:  
(i) An accredited core lead basics course.  
(ii) An accredited training course for clearance technicians.  
(b) Pass the third-party examination for clearance technician.  
(c) Possess either of the following:  
(i) A high school diploma, or equivalent.  
(ii) Not less than 1 year experience in a related field, for example, lead  
remediation work, building construction, building trades, or structural  
inspection of residential dwellings.  
(6) Individuals seeking certification as a lead project designer under  
section 5468 of the act shall meet all of the following requirements:  
(a) Possess a current certification from the department for lead supervisor.  
(b) Successfully complete an accredited training course for project  
designers.  
(c) Have either of the following:  
(i) Not less than 4 years of experience in building construction and design  
Page 14  
Courtesy of www.michigan.gov/orr  
or a related field.  
(ii) Possess a bachelor's degree in engineering, architecture, or a related  
profession and not less than 1 year of experience in building construction  
and design or a related field.  
(7) Individuals seeking endorsement as EBL investigator shall meet both of  
the following requirements:  
(a) Possess a current certification from the department as risk assessor.  
(b) Pass a written proficiency examination for EBL investigator.  
(8) The department recognizes the following documents as evidence of  
meeting the requirements specified in this rule:  
(a) Official academic transcripts or diploma as evidence of meeting the  
education requirements.  
(b) Resumes, letters of reference, or documentation of work experience as  
evidence of meeting the work experience requirements.  
(c) Course completion certificates from lead-specific or other related  
training courses issued by accredited training programs as evidence of  
meeting the training requirements.  
History: 2005 AACS.  
R 325.99303 Lead abatement firm; certification.  
Rule 303. (1) A person seeking certification by the department under  
section 5469 of the act to engage in lead abatement activities as a lead  
hazard control firm shall pay the appropriate application fee and submit an  
application to the department including all of the following information:  
(a) Corporate identification number, certificate of sole proprietorship, or  
other business entity documentation acceptable to the department.  
(b) Indication of applicant's liability insurance, if any.  
(c) Proof of Michigan workers' compensation liability insurance.  
(d) Proof that each employee or agent involved in lead-based paint  
activities has received training and certification as required by the act.  
(e) If applicable, the name of each principal partner, shareholder, member,  
or owner.  
(2) Not more than 90 days from the date of receipt of the person's  
completed application, the department shall approve or disapprove the  
person's request for certification as a lead hazard control firm. Within  
that time period, the department shall respond with either a certificate of  
approval or a letter describing the reasons for a disapproval.  
History: 2005 AACS.  
R 325.99304 Recertification.  
Rule 304. (1) In accordance with the act, a person or firm seeking to  
maintain certification to engage in lead abatement activities shall annually  
submit to the department, on forms provided by the department, all required  
Page 15  
Courtesy of www.michigan.gov/orr  
information and pay the appropriate fees.  
(2) Individuals seeking to engage in lead-based paint activities shall  
recertify with the department every 3 years.  
(3) Persons seeking recertification under subrule (2) of this rule shall  
successfully complete an accredited refresher training course for the  
discipline for which they seek recertification, and successfully pass the  
third-party examination for that discipline within 6 months after completion  
of the training course. Individuals seeking to maintain certification as  
risk assessor must complete both the inspector and risk assessor refresher  
training courses, and pass both the inspector and risk assessor third-party  
examinations or a combination thereof.  
(4) A person shall not be required to retake the core lead basics course in  
order to be eligible for recertification.  
(5) Persons seeking to maintain endorsement to conduct EBL environmental  
investigations shall reapply to the department every 3 years.  
(6) Person or persons who have failed to satisfy all agreed upon conditions  
for settlement of violations of the act or these rules may be denied  
recertification under this part.  
History: 2005 AACS; 2007 AACS.  
PART 4. WORK PRACTICE STANDARDS  
R 325.99401 Work practice standards for conducting lead-based paint  
activities; documented methodologies; de minimis levels.  
Rule 401. (1) Only a certified individual may perform any of the following  
lead-based paint activities:  
(a) A lead-based paint investigation.  
(b) A lead abatement activity.  
(c) An EBL environmental investigation.  
(d) Clearance procedures.  
(2) A certified individual shall perform an activity listed in subrule (1)  
of this rule in accordance with these rules and 1 or more of the following  
documented methodologies:  
(a) The United States department of housing and urban development (HUD)  
publication entitled "Guidelines for the Evaluation and Control of Lead-Based  
Paint Hazards in Housing." A copy of this document may be obtained at no  
charge as of the date of adoption of these rules from HUD USER, P.O. Box  
6091, Rockville, Maryland 20849; or www.hud.gov/offices/lead.  
(b) Part 35 of title 24 of the code of federal regulations, entitled  
"Requirements for Notification, Evaluation and Reduction of Lead-Based Paint  
Hazards in Federally Owned Residential Property and Housing Receiving Federal  
Assistance." A copy of this document may be obtained at no charge as of the  
date of adoption of these rules from HUD USER, P.O. Box 6091, Rockville,  
Maryland 20849; or www.hud.gov/offices/lead.  
Page 16  
Courtesy of www.michigan.gov/orr  
(c) The American society for testing and materials' (ASTM) publication  
entitled "Standard Practices for Field Collection of Soil Samples for Lead  
Determination by Atomic Spectrometry Techniques," standard number E1727. A  
copy of this document may be obtained from the American Society for Testing  
and Materials, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428.  
A copyright fee shall be charged by ASTM for this document, as of the date of  
adoption of these rules.  
(d) The ASTM's publication entitled "Standard Practices for Field  
Collection of Settled Dust Samples Using Wipe Sampling Methods for Lead  
Determination by Atomic Spectrometry Techniques," standard number E1728. A  
copy of this document may be obtained from the American society for testing  
and materials, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428.  
A copyright fee shall be charged by ASTM for this document, as of the date of  
adoption of these rules.  
(e) Michigan department of community health document, entitled,  
"Environmental Investigations for Children with Elevated Blood Lead Levels,"  
and herein referred to as the EBL field guide. A copy of this document may  
be obtained at no charge as of the date of adoption of these rules from the  
Michigan Department of Community Health, Lead Hazard Remediation Program,  
3423 North Martin L. King, Jr. Boulevard, Lansing, Michigan 48906, or  
www.michigan.gov/leadsafe.  
(3) Only an appropriate certified lead professional shall conduct any  
paint, dust, or soil sampling or testing as part of an activity described in  
subrule(1) of this rule. The certified professional shall use documented  
methodologies that incorporate adequate quality control procedures.  
(4) Analytical procedures and facilities recognized by the EPA as capable  
of performing analyses for lead compounds in the applicable matrix shall be  
used to determine if any paint chip, dust, or soil samples collected as part  
of an activity described in subrule (1) of this rule contain detectable  
levels of lead that may be quantified numerically.  
(5) Composite dust or paint samples shall not be used.  
(6) Notification and work practice standards required by the lead abatement  
act or these rules do not apply when treating any of the following amounts of  
painted surfaces:  
(a) Less than 2 square feet of interior painted surface per room,  
stairwell, hallway, porch, or room equivalent.  
(b) Less than 20 square feet of painted surface on a building exterior.  
(c) Less than 10% of the total surface area of painted surface on any type  
of interior component with a small surface area.  
History: 2005 AACS.  
R 325.99402 Hazard and clearance levels.  
Rule 402. (1)The department shall publish clearance levels established for  
the completion of lead hazard control activities as necessary to comply with  
corresponding levels established by federal regulations.  
Page 17  
Courtesy of www.michigan.gov/orr  
(2) Dust-lead hazard levels shall be the same levels as the clearance  
levels published by the department.  
(3) The department shall publish soil-lead hazard levels as necessary for  
compliance with federal requirements.  
History: 2005 AACS.  
R 325.99403 Lead inspection.  
Rule 403. (1) Only a person certified by the department as an inspector or  
risk assessor shall conduct an inspection. The inspector or risk assessor  
shall conduct the inspection according to this rule.  
(2) When conducting an inspection, an inspector or risk assessor shall  
select the following locations according to documented methodologies and  
shall test the locations for the presence of lead-based paint:  
(a) Each interior and exterior component that has a distinct painting  
history, except for components that the inspector or risk assessor determines  
have been replaced after 1978 or do not contain lead-based paint.  
(b) In a multifamily dwelling or child-occupied facility, each component  
that has a distinct painting history, and in every common area, except for  
components that the inspector or risk assessor determines have been replaced  
after 1978 or do not contain lead-based paint.  
(3) The certified inspector or risk assessor shall prepare an inspection  
report for each inspection. The report shall be specific to the structure  
tested and include all of the following information:  
(a) Table of contents.  
(b) A plain-language conclusions section, designed to provide easy  
identification of all lead hazards, shall be positioned prominently near the  
front of the report. Results included in the conclusions section shall not be  
used to satisfy requirements for presentation of results described elsewhere  
in this rule. The conclusions section shall contain all of the following  
information in tabular format:  
(i) Results of any environmental sampling that denote a positive indication  
of lead paint, grouped by sample methodology.  
(ii) Applicable comparison standards.  
(iii) Units of measurement.  
(iv) A stand-alone description of each sampling location and component.  
(c) Date of each inspection.  
(d) Address of building.  
(e) Date of construction.  
(f) Apartment numbers, if applicable.  
(g) Name, address, and telephone number of the owner or owners.  
(h) Name, signature, and certification number of each certified inspector  
or risk assessor, or both, conducting testing.  
(i) Name, address, and telephone number of the certified person employing  
each inspector or risk assessor, or both, if applicable.  
(j) Each testing method and device and sampling procedure employed for  
Page 18  
Courtesy of www.michigan.gov/orr  
paint analysis, including quality control data and, if used, the serial  
number of any X-ray fluorescence device.  
(k) Specific locations of each painted component tested for the presence of  
lead-based paint.  
(l) The results of the inspection expressed in terms appropriate to the  
sampling method used.  
History: 2005 AACS; 2007 AACS.  
R 325.99404 Risk assessment.  
Rule 404. (1) Only a person certified by the department as a risk assessor  
shall conduct a risk assessment. A risk assessor shall conduct the risk  
assessment according to this rule.  
(2) The risk assessor shall make a visual inspection for risk assessment of  
a residential dwelling or child-occupied facility to locate the existence of  
lead-based paint hazards and assess the extent and causes of the hazards.  
(3) The risk assessor shall collect background information regarding the  
physical characteristics of the residential dwelling or child-occupied  
facility and occupant use patterns that may cause lead-based paint exposure  
to 1 or more children age 6 years and under.  
(4) The risk assessor shall test, using documented methodologies, each  
surface that has deteriorated paint for the presence of lead if the surface  
is determined to be in poor condition and to have a distinct painting  
history. A risk assessor shall also test, using documented methodologies,  
any additional surface for the presence of lead if the surface is determined  
to be a potential lead-based paint hazard and to have a distinct painting  
history.  
(5) In residential dwellings, the risk assessor shall collect the following  
dust samples in not less than 6 representative rooms, hallways, stairwells,  
or room equivalents:  
(a) One dust sample from the floor of each selected room, hallway, or  
stairwell.  
(b) One dust sample from a window sill or trough, if available, in each  
selected room, hallway or stairwell. Dust samples from windows shall be  
collected by alternating the sill and trough in each room to the extent  
possible.  
(c) If there are less than 6 rooms, hallways, stairwells, or room  
equivalents in the dwelling, then the risk assessor shall sample all rooms,  
hallways, and stairwells.  
(6) For multifamily dwellings and child-occupied facilities, the risk  
assessor shall collect the dust samples required in subrule (5) of this rule  
in each selected unit. In addition, a risk assessor shall collect window and  
floor dust samples in the following locations:  
(a) Common areas adjacent to the sampled residential dwelling or  
child-occupied facility.  
(b) Other common areas in the building where the risk assessor determines  
Page 19  
Courtesy of www.michigan.gov/orr  
that 1 or more children, age 6 and under, could reasonably be expected to  
come into contact with dust, regardless of the current occupancy by children  
in the dwelling.  
(7) For child-occupied facilities, the risk assessor shall collect 1 dust  
sample from the window sill or trough and 1 dust sample from the floor in  
each room, hallway, or stairwell utilized, to the extent defined by a  
child-occupied facility, by 1or more children, age 6 and under; and in other  
common areas in the child-occupied facility where the risk assessor  
determines that 1 or more children, age 6 and under, could reasonably be  
expected to come into contact with dust to the extent defined by a  
child-occupied facility.  
(8) The risk assessor shall collect soil samples and have the samples  
analyzed for lead concentrations in the all of following locations:  
(a) Exterior play areas where bare soil is present.  
(b) Dripline/foundation areas where bare soil is present  
(c) Yard locations in addition to those described in subdivisions (a) and  
(b) of this subrule where the area of bare soil exceeds 9 square feet.  
(9) The risk assessor shall compare the lead levels from each sample, as  
determined by the approved analysis, with applicable hazard levels for lead  
in paint, dust and soil established in these rules. The risk assessor shall  
determine a lead hazard for the area represented by each sample which exceeds  
the hazard levels.  
(10) The certified risk assessor shall prepare a risk assessment report  
which shall include all of the following information:  
(a) Table of contents.  
(b) A plain-language conclusions section designed to provide the reader  
with easy identification of all lead hazards shall be positioned prominently  
near the front of the report. Results included in the conclusions section  
shall not be used to satisfy requirements for presentation of results  
described elsewhere in this rule. The conclusions section shall contain all  
of the following information in tabular format:  
(i) Results of any environmental sampling that denotes a lead hazard,  
grouped by sample methodology.  
(ii) Applicable comparison standards.  
(iii) Units of measurement.  
(iv) A stand-alone description of each sampling location and component.  
(c) Date of assessment.  
(d) Address of each building.  
(e) Date of construction of buildings.  
(f) Apartment number, if applicable.  
(g) Name, address, and telephone number of each owner of each building.  
(h) Name, signature, and certification identification of the certified risk  
assessor conducting the assessment.  
(i) Name, address, and telephone number of the certified person employing  
each certified risk assessor, if applicable.  
(j) Name, address, and telephone number of each recognized laboratory  
Page 20  
Courtesy of www.michigan.gov/orr  
conducting analyses of collected samples.  
(k) Results of the visual inspection.  
(l) Testing method and sampling procedure for the paint analysis employed.  
(m) Specific location of each painted component tested for the presence of  
lead.  
(n) All data collected from on-site testing, including quality control  
data, and, if used, the serial number of any X-ray fluorescence device.  
(o) All results of approved analysis on collected paint, soil, and dust  
samples.  
(p) Any other sampling results.  
(q) Any background information collected under subrule (3) of this rule.  
(r) To the extent that they are used as part of the lead-based paint hazard  
determination, the results of any previous inspections or analyses for the  
presence of lead-based paint or other assessments of lead-based  
paint-related hazards.  
(s) A description of the location, type, and severity of identified  
lead-based paint hazards, and any other potential lead hazards.  
(t) A description of lead hazard control options for each identified lead  
hazard or potential hazard, and a suggested prioritization for addressing  
each hazard. If the use of an encapsulant or enclosure is recommended, then  
the report shall recommend a maintenance and monitoring schedule for the  
encapsulant or enclosure.  
(11) A person shall provide a written disclosure to a client of any  
affiliation between the person who conducts the inspection, risk assessment,  
or any part thereof, and the person or persons who conduct the abatement of  
the same property.  
History: 2005 AACS; 2007 AACS.  
R 325.99405 EBL environmental investigation.  
Rule 405. (1) Only an individual endorsed by the department as an EBL  
investigator shall conduct an EBL environmental investigation. The EBL  
investigator shall conduct the EBL environmental investigation in accordance  
with the procedures in the Michigan department of community health document  
entitled, "Environmental Investigations for Children with Elevated Blood Lead  
Levels".  
(2) The EBL investigator shall prepare an EBL environmental investigation  
report for each investigation in accordance with pertinent parts of the field  
guide, and shall include, but is not limited, the following information:  
(a) Potential sources of exposure to lead to 1 or more children age 6 years  
or less.  
(b) Methods of minimizing or eliminating exposures to lead to 1 or more  
children age 6 years or less.  
(3) The EBL investigator shall provide the report required by subrule (2)  
of this rule to both of the following:  
(a) The property owner.  
Page 21  
Courtesy of www.michigan.gov/orr  
(b) The parent or guardian of the child with an elevated blood lead level,  
if different than the property owner.  
History: 2005 AACS.  
R 325.99406 Lead hazard control activities.  
Rule 406. (1) Only an individual who has successfully completed either of  
the following training courses shall conduct non-abatement lead hazard  
control activities:  
(a) A lead-safe work practices training course approved by HUD.  
(b) An accredited lead abatement worker course.  
(2) Only an individual certified by the department as a lead worker, lead  
supervisor, or project designer shall conduct lead abatement activities.  
(3) Individuals performing lead hazard control activities shall conduct  
those activities according to this rule.  
(4) A certified supervisor is required for each lead hazard control  
project. The certified supervisor shall be at the site during all lead  
abatement activities, and during all setup and cleaning activities for  
non-abatement lead hazard control work mandated by order of local  
municipality, government, or court.  
(5) The certified supervisor shall ensure that all lead hazard control  
activities are conducted according to this rule and all other federal, state,  
and local requirements.  
(6) A certified supervisor or project designer shall develop a written  
occupant protection plan for all lead abatement activities and all  
non-abatement lead hazard control projects specified in subrule (4) of this  
rule according to the following procedures:  
(a) The occupant protection plan shall be specific to each residential  
dwelling or child-occupied facility and be developed before the lead hazard  
control activities begin. The certified supervisor shall maintain the  
occupant protection plan at the work site during all lead hazard control  
activities.  
(b) The occupant protection plan shall describe the measures and management  
procedures that shall be taken during the lead hazard control project to  
protect the building occupants from exposure to any lead-based paint hazards.  
(c) The procedures described in the occupant protection plan shall be  
implemented during the lead hazard control project.  
History: 2005 AACS; 2007 AACS.  
R 325.99407 Clearance procedures.  
Rule 407. (1) A clearance examination shall be performed in target housing  
and child-occupied facilities following all lead hazard control activities.  
(2) Only a certified inspector or risk assessor shall perform clearance  
procedures following abatement.  
Page 22  
Courtesy of www.michigan.gov/orr  
(3) A certified clearance professional who is completely independent of the  
lead hazard control firm shall conduct clearance procedures following any  
lead hazard control activity according to the following procedures:  
(a) Conduct a visual inspection for clearance testing to determine if  
deteriorated painted surfaces described in the scope of hazard control work,  
or visible amounts of dust, debris, or residue are still present. If  
deteriorated painted surfaces described in the scope of hazard control work,  
or visible amounts of dust, debris, or residue are present, then the person  
conducting the lead hazard control activity shall eliminate the conditions  
before continuing the clearance procedures.  
(b) After the visual inspection and any post-project cleanup required by  
subdivision (a) of this subrule, an independent clearance professional shall  
conduct clearance dust-lead sampling. Clearance sampling shall be conducted  
as appropriate based upon the extent or manner of lead hazard controls  
conducted in or to the residential dwelling or child-occupied facility. All  
of the following provisions apply to lead hazard control clearance sampling:  
(i) After conducting lead hazard control activities using containment of  
work areas, the clearance professional shall take 1 dust sample from 1  
window, if available, and 1 dust sample from the floor of not less than 4  
rooms, hallways, stairwells, or room equivalents within the containment area.  
Dust samples from windows shall be collected by alternating the sill and  
trough in each room, to the extent possible. In addition, the clearance  
professional shall take 1 dust sample from the floor outside the containment  
area. If there are less than 4 rooms, hallways, stairwells, or room  
equivalents within the containment area, then the clearance professional  
shall sample all rooms, hallways, and stairwells.  
(ii) After conducting hazard control activities with no containment, the  
clearance professional shall take 1 dust sample from 1 window, if available,  
and 1 dust sample from the floor of not less than 4 rooms, hallways,  
stairwells, or room equivalents in the residential dwelling or child-occupied  
facility, to include sleeping areas of 1 or more children, 6 years of age or  
less. Dust samples from windows shall be collected by alternating the sill  
and trough in each room, to the extent possible. If there are less than 4  
rooms, hallways, stairwells, or room equivalents within the residential  
dwelling or child-occupied facility, then the clearance professional shall  
sample all rooms, hallways, and stairwells.  
(iii) The clearance professional shall take dust samples for clearance  
purposes using documented methodologies that incorporate adequate quality  
control procedures.  
(iv) The clearance professional shall take dust samples for clearance  
purposes not less than 1 hour after completion of final lead hazard control  
cleanup activities.  
(c) The clearance professional shall select the rooms, hallways,  
stairwells, or room equivalents for sampling according to documented  
methodologies, as is defined in rule 325.99401(2).  
(d) The certified clearance professional shall compare the residual lead  
Page 23  
Courtesy of www.michigan.gov/orr  
level, as determined by appropriate analysis, from each dust sample with  
applicable clearance levels for lead in dust. If the residual lead levels in  
a dust sample exceed the clearance levels, then the person conducting the  
lead hazard control activity shall reclean, and the clearance professional  
shall retest all the components represented by the failed sample until  
clearance levels are met.  
(4) For multifamily dwellings and child-occupied facilities, the clearance  
professional shall collect the dust samples required in subrule (3) of this  
rule in each selected unit. In a multifamily dwelling that has more than 4  
similarly constructed and maintained residential dwelling units, a certified  
inspector or risk assessor may conduct random sampling, in accordance with  
documented methodologies, for the purpose of clearance sampling, only if  
all of the following provisions are satisfied:  
(a) The certified individuals who abate or clean the residential dwelling  
units do not know which residential dwelling will be selected for the random  
samples.  
(b) A sufficient number of residential dwelling units are selected for dust  
sampling to provide a 95% level of confidence that not more than 5% or 50 of  
the residential dwelling units, whichever is smaller, in the randomly sampled  
population exceed the appropriate clearance levels.  
(c) The randomly selected residential dwelling units are sampled and  
evaluated for clearance according to the procedures in this subrule.  
(d) The similarly constructed and maintained residential dwelling units  
from which the sampled units are to be selected may not be re-occupied at any  
time following the completion of the hazard control activities until the  
successful completion of clearance procedures.  
(5) For clearance sampling in multi-family dwellings and child-occupied  
facilities, a risk assessor or inspector shall also collect window and floor  
dust samples in the following locations:  
(a) Common areas adjacent to the sampled residential dwelling or  
child-occupied facility.  
(b) Other common areas in the building where the risk assessor determines  
that 1 or more children, age 6 and under, could reasonably be expected to  
come into contact with dust, regardless of the current occupancy by children  
in the dwelling.  
(6) Following an exterior lead hazard control activity, the certified  
clearance professional shall conduct a visual inspection of all horizontal  
surfaces in the outdoor living area closest to the surfaces disturbed by the  
lead hazard control activities to ensure that visible dust and debris have  
been removed. The certified clearance professional shall also conduct a  
visual inspection to determine the presence of paint chips on the dripline or  
next to the foundation below any exterior abated surface. If visible dust,  
debris, or paint chips are present, then the person conducting the lead  
hazard control activity shall remove the visible dust, debris, or paint chips  
from the site and properly dispose of them according to all applicable  
federal, state, and local requirements.  
Page 24  
Courtesy of www.michigan.gov/orr  
(7) A certified clearance technician shall not perform any of the following  
clearance procedures:  
(a) Clearance testing following abatement activities.  
(b) Clearance testing in multi family dwellings which are comprised of more  
than 4 units.  
(c) Sampling described in subrule (4) of this rule using random selection  
of units.  
(8) Following clearance testing of lead hazard control activities, the  
clearance professional shall prepare a clearance report. The clearance  
report shall include all of the following information:  
(a) Address of the unit or units where lead hazard control activities were  
performed.  
(b) The name, address, and phone number of the persons performing the lead  
hazard control activity.  
(c) Start and completion dates of the project.  
(d) The name, address, and signature of each certified clearance  
professional conducting clearance sampling and the date of clearance testing.  
(e) The results of clearance testing and the name of each recognized  
laboratory that conducted the analyses, where applicable.  
History: 2005 AACS.  
R 325.99408 Notifications.  
Rule 408. (1) Not less than 3 business days before commencing a lead hazard  
control activity, a person who conducts lead abatement activities shall  
notify the department, on forms provided by the department, regarding  
information the department considers necessary to conduct an unannounced site  
inspection, including schedule changes. The department shall approve  
emergency notification that is less than 3 business days in the following  
situations:  
(a) In the case of court-ordered lead abatement.  
(b) In other cases where the department waives the 3-business-day  
requirement to protect the health and safety of the public.  
(c) In the case of an unavoidable change in a lead abatement activity that  
occurs less than 3 days before the activity begins.  
(2) A person who conducts lead abatement activities shall not provide, in  
any case, the notification specified in subrule (1) of this rule less than 24  
hours before commencing the activities.  
(3) A person or individual who provides emergency notification shall  
receive confirmation of departmental approval of the emergency notification  
before initiating the activity.  
(4) A person or individual who conducts a lead-based paint investigation  
shall notify the department, on forms provided by the department, regarding  
information the department considers necessary, by the fifteenth day of the  
month following the lead-based paint investigation.  
(5) A training program that conducts lead training courses in any of the  
Page 25  
Courtesy of www.michigan.gov/orr  
disciplines listed in R 325.99201, whether the courses are initial or  
refresher, shall notify the department, on forms provided by the department,  
not less than 7 calendar days before commencing training, regarding  
information the department considers necessary to conduct an unannounced site  
inspection. A training program shall also notify the department within 10  
calendar days after a course is completed, on forms provided by the  
department, of the names of course participants and other information the  
department deems necessary. Training programs shall notify the department  
not less than 24 hours in advance of a course cancellation.  
History: 2007 AACS.  
R 325.99409 Pre-renovation education.  
(1) Not more than 60 days before commencing a renovation activity for  
compensation in target housing or child-occupied facility, the renovator  
shall do both of the following:  
(a) Provide the owner of the dwelling or facility with US EPA pamphlet  
number EPA 747-K-99-001, entitled "Protect Your Family From Lead in Your  
Home," or a true reproduction, or an equivalent pamphlet approved by the  
department. If the owner does not occupy the dwelling unit, then the person  
performing renovation shall also provide an adult occupant of the housing  
unit with the pamphlet.  
(b) Obtain a written acknowledgment of receipt of the pamphlet from the  
owner and, if applicable, the adult occupant of the unit or facility.  
(2) If the renovator is unsuccessful in obtaining a written acknowledgment  
from the adult occupant described in subrule (1) of this rule, then the  
renovator shall certify in writing both of the following:  
(a) The address of the dwelling unit described in subrule (1) of this rule.  
(b) That the pamphlet was delivered to the dwelling unit, including the  
date and method of delivery. If the pamphlet was delivered by mail, then the  
renovator shall obtain a certificate of mailing not less than 7 days before  
the renovation.  
(3) If the renovator, upon delivery of the pamphlet, is unsuccessful in  
obtaining a written acknowledgment from the adult occupant, the renovator may  
self-certify the delivery. The self-certification shall be written and  
include the reason for lack of success (for example, occupant refuses to  
sign, no adult occupant available), the method of delivery of the pamphlet,  
the signature of the renovator, and the date of signature.  
(4) Not more than 60 days before commencing renovation activities in common  
areas of multi-family housing, the renovator shall do all of the following:  
(a) Provide the owner with the pamphlet and comply with either of the  
following:  
(i) Obtain, from the owner, a written acknowledgement that the owner has  
received the pamphlet.  
(ii) Obtain a certificate of mailing at least 7 days prior to the  
renovation.  
Page 26  
Courtesy of www.michigan.gov/orr  
(b) Notify in writing, or ensure written notification of, each unit of the  
multifamily housing and make the pamphlet available upon request prior to the  
start of renovation. Such notification shall be accomplished by distributing  
written notice to each affected unit. The notice shall describe the general  
nature and locations of the planned renovation activities; the expected  
starting and ending dates; and a statement of how the occupant can obtain the  
pamphlet, at no charge, from the renovator.  
(c) Prepare, sign, and date a statement describing the steps performed to  
notify all occupants of the intended renovation activities and to provide the  
pamphlet.  
(d) If the scope, locations, or expected starting and ending dates of the  
planned renovation activities change after the initial notification, the  
renovator shall provide further written notification to the owners and  
occupants providing revised information on the ongoing or planned activities.  
This subsequent notification must be provided before the renovator initiates  
work beyond that which was described in the original notification.  
(5) The written acknowledgement required in this rule shall comply with all  
of the following:  
(a) Include a statement recording the owner or occupants name and  
acknowledging receipt of the pamphlet prior to the start of renovation, the  
address of the unit undergoing renovation, the signature of the owner or  
occupant as applicable, and the date of signature.  
(b) Be either a separate sheet or part of any written contract or service  
agreement for the renovation.  
(c) Be written in the same language as the contract or agreement for the  
renovation or, in the case of owner occupied target housing, in the same  
language as the lease or rental agreement or the pamphlet.  
(6) Renovators shall retain, and if requested, make available to the  
department all records necessary to demonstrate compliance with this rule for  
a period of 3 years following completion of the renovation activities in  
target housing or a child-occupied facility.  
(7) The following sample language may be used for acknowledgements  
described in this rule:  
(a) I have received a copy of the pamphlet, "Protect Your Family From Lead  
In Your Home", (or equivalent approved by the department) informing me of the  
potential risk of lead hazard exposure from renovation activity to be  
performed in my dwelling unit. I received this pamphlet before the work began.  
__________________________  
__________________________  
Printed Name and Signature  
Date  
Page 27  
Courtesy of www.michigan.gov/orr  
Unit Address  
(b) If an occupant is unavailable for signature or refuses to sign the  
acknowledgement of receipt of the pamphlet, then the renovator may, under  
subrule (3) of this rule, self-certify delivery of each instance. The  
following sample language may be used for self-certification:  
(i) Refusal to sign  
I certify that I have made a good faith effort to deliver the pamphlet,  
"Protect Your Family From Lead In Your Home," (or approved equivalent) to the  
unit listed below at the dates and times indicated, and that the occupant  
refused to sign the acknowledgement. I further certify that I have left a  
copy of the pamphlet at the unit with the occupant.  
Printed Name and Signature  
Date  
__________________________  
Unit Address  
Attempted delivery dates and times: _____________________  
(ii) Unavailable for signature  
I certify that I have made a good faith effort to deliver the pamphlet,  
"Protect Your Family From Lead In Your Home," (or approved equivalent) to the  
unit listed below at the dates and times indicated, and that the occupant was  
unavailable to sign the acknowledgement. I further certify that I have left a  
copy of the pamphlet at the unit with the occupant.  
________________________  
Printed Name and Signature  
Date  
__________________________  
Unit Address  
Attempted delivery dates and times: _____________________  
History: 2005 AACS; 2007 AACS.  
Page 28  
Courtesy of www.michigan.gov/orr  
;