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(3) These rules replace R 325.9901 to R 325.9925, which are hereby rescinded.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.  
(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  
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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.  
(g) Criminal sanction in accordance with section 5477 of the act.  
(h) Administrative fines.  
Page 2  
(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.  
(C) Industrial hygiene.  
(D) Safety.  
(E) Public health.  
Page 3  
(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.  
(f) Project designer.  
(g) Clearance technician.  
Page 4  
(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:  
(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.  
Page 5  
(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:  
(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.  
Page 6  
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.  
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:  
Page 7  
(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.  
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.  
Page 8  
(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.  
(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.  
Page 9  
(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.  
(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.  
Page 10  
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:  
(a) An application containing all of the following information:  
(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 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,  
Page 11  
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.  
(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.  
Page 12  
(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.  
(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:  
Page 13  
(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 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 information and pay the appropriate fees.  
Page 14  
(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.  
(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,  
Page 15  
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.  
(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.  
Page 16  
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 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.  
Page 17  
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 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.  
Page 18  
(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 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.  
Page 19  
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.  
(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.  
Page 20  
(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.  
(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.  
Page 21  
(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 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.  
(7) A certified clearance technician shall not perform any of the following clearance  
procedures:  
(a) Clearance testing following abatement activities.  
Page 22  
(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 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.  
Page 23  
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.  
(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.  
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(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  
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  
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__________________________  
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.  
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