Title 31, Chapter 41, Section 4
( 31-41-4)
(a) There is established the Georgia Lead-Based Paint Hazard
Reduction Program. The Department of Natural Resources is designated
as the state agency responsible for implementation, administration,
and enforcement of such program. The commissioner may delegate such
duties to the Environmental Protection Division. (b) The Board of Natural Resources not later than one year after the
effective date of regulations promulgated by the federal
Environmental Protection Agency relating to lead paint abatement
certification programs shall issue regulations requiring the
development and approval of training programs for the licensing or
certification of persons performing lead-based paint hazard
detection or lead-based paint activities, which may include, but
shall not be limited to, lead inspectors, lead risk assessors, lead
project designers, lead firms, lead supervisors, and lead workers of
such persons. The regulations for the approval of training programs
shall include minimum requirements for approval of training
providers, curriculum requirements, training hour requirements,
hands-on training requirements, examinations of competency and
proficiency, and training program quality control. The approval
program shall provide for reciprocal approval of training programs
with comparable requirements approved by other states or the United
States. The approval program may be designed to meet the minimum
requirements for federal approval under Section 404 of the federal
Toxic Substances Control Act and the department may apply for such
approval. The department shall establish fees for approval of such
training programs. (c)(1) The Board of Natural Resources not later than one year
after the effective date of regulations promulgated by the federal
Environmental Protection Agency relating to lead paint abatement
certification programs shall establish training and licensure
requirements for lead inspectors, lead risk assessors, lead
project designers, lead firms, lead supervisors, and lead workers.
No person shall be licensed under this chapter unless such person
has successfully completed the appropriate training program,
passed an examination approved by the department for the
appropriate category of license, and completed any additional
requirements imposed by the board by regulation. The department
is authorized to accept any lead-based paint hazard training
completed after January 1, 1990, in full or partial satisfaction
of the training requirements. The board may establish
requirements for periodic refresher training for all licensees as
a condition of license renewal. The board shall establish
examination fees, license fees, and renewal fees for all licenses
issued under this chapter, provided that such fees shall reflect
the cost of issuing and renewing such licenses, regulating
licensed activities, and administering the program. (2) On and after the effective date of regulations promulgated by
the board as provided in subsection (b) of this Code section, no
person shall perform or represent that such person is qualified to
perform any lead-based paint activities unless such person
possesses the appropriate licensure or certification as determined
by the board or unless such person is: (A) An owner performing abatement upon that person's own
residential property, unless the residential property is
occupied by a person or persons other than the owner or the
owner's immediate family while these activities are being
performed, or a child residing in the building has been
identified as having an elevated blood lead level; (B) An employee of a property management company doing routine
cleaning and repainting upon property managed by that company
where there is insignificant damage, wear, or corrosion of
existing lead-containing paint or coating substances; or (C) An owner routinely cleaning or repainting his or her
property where there is insignificant damage to, wear of, or
corrosion of existing lead-containing paint or coating
substances. (3) A person who is employed by a state or county health
department or state or federal agency to conduct lead
investigations to determine the sources of lead poisonings, as
determined by the department, shall be subject to licensing
pursuant to paragraph (2) of this subsection as a lead risk
assessor but shall not be required to pay any fees as otherwise
required under this chapter or under rules and regulations
promulgated by the board under this chapter. (d) The board shall promulgate regulations establishing standards of
acceptable professional conduct for the performance of lead-based
paint activities, as well as specific acts and omissions that
constitute grounds for the reprimand of any licensee, the
suspension, modification, or revocation of a license, or the denial
of issuance or renewal of a license. |