1.  License or certificate required for residential lead-based paint activities.  A person may not engage in any residential lead-based paint activities in the State unless licensed or certified pursuant to this chapter.  

[PL 1997, c. 375, §14 (NEW).]

Terms Used In Maine Revised Statutes Title 38 Sec. 1292

  • Abatement: includes , but is not limited to:  
A. See Maine Revised Statutes Title 38 Sec. 1291
  • Certificate: means a document issued to an individual by the commissioner affirming that the individual has successfully completed the training and other requirements set forth in this chapter to qualify as a lead professional. See Maine Revised Statutes Title 38 Sec. 1291
  • Commissioner: means the Commissioner of Environmental Protection. See Maine Revised Statutes Title 38 Sec. 1291
  • Department: means the Department of Environmental Protection. See Maine Revised Statutes Title 38 Sec. 1291
  • in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
  • Lead-based paint: means paint or other surface coatings that contain lead equal to or in excess of 1. See Maine Revised Statutes Title 38 Sec. 1291
  • Lead-based paint activities: means inspection, risk assessment, lead abatement design, lead abatement and services related to lead-based paint such as lead screening, lead determination and deleading. See Maine Revised Statutes Title 38 Sec. 1291
  • Lead-poisoned: means having a confirmed elevated level of blood lead that is injurious, as defined in rules adopted by the Department of Health and Human Services. See Maine Revised Statutes Title 38 Sec. 1291
  • License: means a document issued by the commissioner to a business entity or public entity, including, but not limited to, a lead abatement contractor, an in-house lead abatement unit or a lead training provider, affirming that the entity has met the requirements set forth in this chapter to engage in lead-based paint activities. See Maine Revised Statutes Title 38 Sec. 1291
  • Person: means any individual, business entity, governmental body or other public or private entity. See Maine Revised Statutes Title 38 Sec. 1291
  • Residential dwelling: means a room or group of rooms that form a single independent habitable unit for permanent occupation by one or more individuals that has facilities with permanent provisions for living, sleeping, eating, cooking and sanitation, including common areas and appurtenant structures. See Maine Revised Statutes Title 38 Sec. 1291
  • 2.  License or certificate required for lead-based paint activities in public buildings, commercial buildings and superstructures.  After the effective date of rules adopted by the department pursuant to section 1295 for licensing and certification to conduct lead-based paint activities in public buildings, commercial buildings and superstructures, a person may not engage in any lead-based paint activities in the State unless licensed or certified pursuant to this chapter.  

    [PL 1997, c. 375, §14 (NEW).]

    3.  Notification required.  A person may not engage in any residential lead abatement activity unless that person notifies the commissioner in writing at least 5 working days before beginning any on-site work, including on-site preparation work, that has the potential to create lead dust. After the effective date of rules adopted by the department pursuant to section 1295 for notification of lead abatement activities in public buildings, commercial buildings and superstructures, a person may not engage in those lead abatement activities unless the person notifies the commissioner in writing at least 5 working days before beginning any on-site work, including on-site preparation work, that has the potential to create lead dust.  

    [PL 1997, c. 375, §14 (NEW).]

    4.  Work practices.  All residential lead-based paint activities must be conducted in accordance with work practice standards adopted by rule pursuant to this chapter. After the effective date of rules adopted by the department pursuant to section 1295 for work practices pertaining to lead-based paint activities in public buildings, commercial buildings and superstructures, those lead-based paint activities must be conducted in accordance with the applicable work practice standards adopted by rule.  

    [PL 1997, c. 375, §14 (NEW).]

    5.  Exemption.  A person who is 18 years of age or older need not obtain licensing and certification to perform lead abatement activities within a residential dwelling unit that the person owns and personally occupies, as long as a child residing in the dwelling unit has not been identified as lead-poisoned. A person 18 years of age or older who owns and personally occupies a dwelling unit in which a resident child has been identified as lead-poisoned need not obtain licensing and certification to perform abatement activities within that dwelling unit, as long as the person completes any training required by the Department of Health and Human Services.  

    [PL 1997, c. 624, §14 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]

    SECTION HISTORY

    PL 1997, c. 375, §14 (NEW). PL 1997, c. 624, §14 (AMD). PL 2003, c. 689, §B6 (REV).