How are you effected?

1. September 2007 Lead Hazard Control Rule Changes How are you effected? How are you effected? How are you effected? How are you effected? How are you effected?

2. In September 2007, new Lead Hazard Control Administrative Rules were promulgated. Most changes were minor clarifications to definitions or wording. Five of these changes are more significant and may impact you as a lead professional. A press release and public comment period accompanied the rule changes.

3. 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: §99104(1) Allows the department to deny recertification to any individual who does not meet the conditions of settlement agreed to by themselves and the department.

4. (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. §99301(2) Clarifies that those seeking endorsement as an EBL Investigator must first be a “certified risk assessor.”

5. §§325.99403(3); 99404(10) The proposed language modifies the lead identification report to require a Table of Contents and a summary of environmental sampling and/or lead hazards near the front of the report. (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:

6. §99404(11) Reinstates “Conflict of Interest” requirement that any person conducting a lead inspection or risk assessment must notify the client of any affiliation between themselves and the person conducting the abatement work in writing. (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

7. §99406(4) Adds language that limits the scope of applicability of the subsection to only that “non-abatement lead hazard control work mandated by order of local municipality, government, or court.” (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.

8. Copies of the new rules are always available online: www.michigan.gov/leadsafe or by calling us: 1-866-691-5323