[CCB_Lead-Based_Paint_Program] Opt-out removed from lead-based paint renovation rules

[CCB's Lead-Based Paint Program]

On September 24, 2010, DHS adopted a temporary rule making two
significant changes to its Lead-Based Paint (LBP) rule, OAR
333-070-0075. 

 

The first change removed the opt-out provision. 

  

A homeowner can no longer "opt out" of the work practice standards
requirements. 

This change removed the ability of a homeowner to provide the contractor
a signed statement that the renovation is (1) for the homeowner's home;
(2) no pregnant woman or child under the age of six resides in the home;
and (3) the housing is not a child-occupied facility.

 

NOTE: The EPA (federal) law removed the ability of the homeowner to
opt-out beginning July 1, 2010. 

 

The second change removed the ability of landlords to work on rental
housing without first complying with the LBP renovation laws.

 

On September 24, 2010, DHS adopted additional temporary rules amending
OAR Chapter 333 Division 69. (Lead-Based Paint Activities).  These rules
only make minor changes.

 

The temporary rules expire on March 22, 2011.  DHS expects to have
permanent rules in place by then.

 

 

 

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