Lead-Based Paint Hazard Management Rules Summary

Exposure to lead poses a significant public health risk for young children, resulting in extensive costs to society. Exposure to even low levels of lead increases a child’s risk of developing profound and permanent learning disabilities, intelligence quotient deficiencies, behavioral problems, and other developmental and neurological problems. Extreme exposure can cause death.

The most significant source of exposure for small children, particularly in housing constructed prior to 1978, is lead-based paint dust and lead-contaminated soils. In response to this critical public health risk, the Georgia General Assembly passed the Lead Poisoning Prevention Act of 1994 (O.C.G.A. 31-41-1, et seq). The Act has been amended four times, with the last revisions in 2010 and 2011 including renovation activities.

The Board of the Department of Natural Resources promulgated the Rules of Lead-Based Paint Abatement, Certification, and Accreditation, Chapter 391-3-24 in 1996. These Rules were amended in 1998, 2002, and 2010. The 2010 amendments renamed the Rules the Lead-Based Paint Hazard Management Rules and added the Lead Renovation, Repair, and Painting (RRP) Program.

The Rules of Lead-Based Paint Hazard Management, Chapter 391-3-24, established requirements for  the Lead Abatement Program and the Lead Renovation Program. All the lead-based paint rules provide regulations for contractors who work on target housing, which are residential dwellings built prior to 1978 and child-occupied facilities built prior to 1978, including daycare and childcare facilities, preschools, and kindergarten and first grade classrooms.

Standards

  • Standards to identify dangerous levels of lead in paint, dust, and soils. Specific standards were adopted that define lead-based paint, lead-based paint hazards, and lead-contaminated dust and soils (Georgia Lead-Based Paint Hazard Management Rules, Chapter 391-3-24-.03).
  • Standards for certification of firms and individuals that conduct lead inspections, risk assessments, and abatement activities. These standards allow EPD to carefully review, certify, and regulate firms and individuals that wish to engage in lead-based paint activities. Training and test performance standards for individuals ensure that they are adequately prepared prior to beginning work. Georgia regulates the following lead disciplines: Lead Inspector, Lead Risk Assessor, Lead Project Designer, Lead Supervisor, and Lead Worker. Initial and refresher training for individuals are required from a Georgia approved training provider, including passing post-training exams. The certification program provides the framework of regulatory oversight (Georgia Lead-Based Paint Hazard Management Rules, Chapter 391-3-24-.05).
  • Standards for accreditation of lead training programs. EPD established minimum requirements for training providers who offer both initial and refresher training for all lead disciplines, including renovation, lead inspections, risk assessments, and abatement activities. These include standards for training curriculum, hands-on training activities, trainee competency, trainee proficiency, and program quality control. Training programs are subject to review or audit of classroom lectures, hands-on activities, and records by EPD. Monitoring of training providers ensures the quality of training available for the work force (Georgia Lead-Based Paint Hazard Management Rules, Chapter 391-3-24-.04).
  • Standards for conducting lead-based paint activities in target housing and child-occupied facilities. Standards were established to ensure projects are carefully planned, all workers on the project are trained and Georgia certified, and the Division approves abatement projects prior to the start of work. Work practice standards ensure the protection of the public, facility or residential occupants, and the reduction or elimination of lead hazards from structures and the environment. EPD inspects and provides oversight of lead-based activities, including lead inspections, lead risk assessments, lead project designs, lead abatement, and lead hazard abatement. Clearance standards ensure the project has reached minimum standards following completion of the project (Georgia Lead-Based Paint Hazard Management Rules, Chapters 391-3-24-.06 and 391-3-24-.07).
  • Standards for certification of firms and individuals that conduct renovation activities. The purpose of the standards for certification of firms and individuals that offer, advertise, or conduct renovation projects for compensation in target housing or child-occupied facilities is to ensure that renovations are conducted by firms and individuals who know and follow EPD’s work standards. The renovation supervisor must attend a one-day Georgia approved training course and pass the exam to become a Georgia-certified Renovator. The certified Renovator must be working for a certified Renovation Firm when performing a renovation project. Certified Renovators are required to train workers for each renovation project. Renovation firms agree to employ Georgia certified Renovators as supervisors for the renovation project (Georgia Lead-Based Paint Hazard Management Rules, Chapters 391-3-24-.06 and 391-3-24-.09).
  • Standards for conducting renovation activities in target housing and child-occupied facilities. The standards for renovation, repair, and painting activities in target housing and child-occupied facilities begin with providing pre-renovation information to owners and occupants of the regulated structures. These standards provide mandates for conducting renovation activities in a lead-safe manner, including establishing work areas and containment, prohibiting certain work practices, cleaning procedures, cleaning verification standards, and recordkeeping requirements.

Summary of Additional Guidance

The Georgia Lead-Based Paint Hazard Management Rules, Chapter 391-3-24, are mandatory for specific lead-based paint activities in target housing and child-occupied facilities. However, other building owners can make any or all of them mandatory for their projects by placing the standards summarized above in their project specifications or scope of work. This voluntary use of the Rules for circumstances in which they are not mandatory can help control lead hazards, reduce legal liability, and protect the environment (Georgia Lead-Based Paint Hazard Management Rules, Chapters 391-3-24-.08, 391-3-24-.10, and 391-3-24-.11). Three other EPD Rules also may be applicable to lead-based paint and renovation projects in target housing, child-occupied facilities, or other buildings:

  • Hazardous Site Response Inventory Rules that require certain actions when soils are found to contain more than 400 ppm lead
  • Solid Waste Rules that prohibit disposal at the project site and require disposal of waste containing lead in a permitted landfill
  • Hazardous Waste Rules that allow residential waste to be exempted from hazardous waste determination, but require lead-contaminated waste from certain child-occupied facilities and other sources to be tested by Toxicity Characteristic Leaching Procedures (TCLP) to determine if it is hazardous waste

Key Definitions

  • Lead-Based Paint means paint or other surface coatings, including varnish, shellac, stains, and enamels, that contain lead equal to or greater than 1.0 mg/cm2 or 0.5% by weight or 5,000 parts per million (ppm).
  • Target Housing is a single- or multi-family dwelling built before 1978.
  • Child-Occupied Facility is a facility, or portion of a building, built prior to 1978 and visited by the same child 6 years of age or younger twice in one week with each visit lasting three or more hours. For example, daycares, child-care facilities, preschools, and kindergarten and first grade classrooms are examples of child-occupied facilities.