2014 -- H 8158 SUBSTITUTE A
Enacted 07/03/14
A N A C T
RELATING TO HEALTH AND SAFETY -- LEAD POISONING PREVENTION ACT
Introduced By: Representatives Handy, and Edwards
Date Introduced: May 08, 2014
It is enacted by the General Assembly as follows:
SECTION 1. Sections 23-24.6-20, 23-24.6-26 and 23-24.6-27 of the General Laws in Chapter 23-24.6 entitled "Lead Poisoning Prevention Act" are hereby amended to read as follows:
23-24.6-20. Licensure or certification of environmental lead inspectors
and lead contractors, supervisors, and workers Licensure of environmental lead
inspectors and lead contractors, supervisors, and workers. -- (a)
The department shall provide for the certification of training programs for
environmental lead inspectors and for lead contractors, supervisors, workers,
and other persons engaged in environmental lead hazard reduction pursuant to
the provisions of this chapter. The department shall establish standards and
specifications for training courses including, at a minimum, the required
length of different training programs, mandatory topics of instruction, and
required qualifications for training programs and instructors. Hands on
instruction shall be a component of the required training.
(b) The department shall establish
procedures and issue regulations requiring the certification
licensure of environmental lead
inspectors and the licensure or certification, as
appropriate, of all lead contractors, supervisors, workers, and
other persons engaged in environmental lead inspection
and/or hazard reduction pursuant to the provisions of this chapter.
These regulations:
(1) Shall prescribe the requirements
for licensure and certification and the
conditions and restrictions governing the renewal, revocation, and suspension
of licenses and certificates;. rRequirements for licensure and for renewal of
licensure shall include, but not be limited to, the following:
(i) Compliance with the lead hazard
reduction regulations in section §23-24.6-17; and
(ii) Required training of
environmental lead inspectors and of lead contractors, supervisors, workers, and
other persons engaged in environmental lead hazard reduction in subjects
including, but not limited to, safe work practices, instruction in health
risks, precautionary measures, protective equipment, and other practices, including practices to prevent contamination of
the residential premises, ambient discharges and ground contamination,
respiratory protection, new lead hazard reduction techniques and technologies,
applicable federal and state regulation, and hands on instruction for equipment
and techniques to be used; a minimum of twenty (20) hours of training shall be
required as a condition of licensure for workers; additional hours of training
shall be required for supervisors and contractors; annual
a refresher training course shall also be required;
(2) May provide for Rhode Island to
reciprocally certify and/or license
persons certified and/or licensed by other states with comparable requirements.
(c) No person shall enter into, engage
in, or conduct comprehensive environmental lead inspections or environmental
lead hazard reduction activities covered by department regulations once those regulations have been promulgated as specified in
section 23-24.6-12 without having successfully completed a certified
training program and without having been certified
or licensed, as appropriate,
by the department. Each trained and certified or
licensed person shall be issued a photo identity card.
(d) The department shall, in
conjunction with the housing resources commission, develop and periodically
update lists of all licensed and certified
inspectors, contractors, supervisors, workers',
and other persons who perform environmental lead hazard reduction in Rhode
Island and make those lists available to interested parties and the public.
(e)(1) The department shall enforce the provisions of this section as appropriate and shall have all necessary powers for enforcement.
(2) The department may revoke,
suspend, cancel, or deny any certification or
any license, at any time, in accordance with chapter 35 of title 42 if it
believes that the terms or conditions of these are being violated, or that the holder of, or applicant for, the certification or license has violated any
regulation of the department or any other state law or regulation. Any person
aggrieved by a determination by the department to issue, deny, revoke, or suspend any certification
or license may request an adjudicatory hearing.
(3) When any person violates the terms
or conditions of any certification or
license issued under this section or any state law or regulation, the director
shall have the power by written notice to order the violator to cease and
desist immediately. The department may file a written complaint with the
district court in the jurisdiction in which the violation occurred. Punishment
by an administrative fine not to exceed one thousand dollars ($1,000) under this
section pursuant to § 23-24.6-27
may be in addition to the suspension of any license or
certification.
(4) Any state inspector may issue an
immediate cease work order to any person who violates the terms or conditions
of any license or certification issued
under this section or any provision of this chapter,
or any regulation or order issued under this chapter,
if the violation will endanger or materially impair the health or well-being of any occupant, any environmental lead
inspector, or any contractor, supervisor, worker, or other person engaged in
environmental lead hazard reduction.
(f) Nothing in this section shall be construed to limit the authority of the department of health, the department of labor and training, or the department of environmental management under the provisions of any other law.
23-24.6-26. Rules and regulations. -- The director
is authorized to adopt, modify, or repeal and promulgate rules and regulations
as are in accord with the purposes of sections
§§23-24.6-1 -- 23-24.6-27, and shall be
subject to the Administrative Procedures Act, chapter 35 of title 42. All rules
and regulations promulgated by the director shall provide for the use of
"lead safe" reduction as the preferred method where possible to meet
the requirements of this chapter. The rules shall provide for notification,
pursuant to the provisions of section §23-24.6-12, to occupants of a premise, of lead
hazards following a comprehensive environmental lead inspection at the premises
when there is a reasonable likelihood that given the age, type, and condition
of the premises that significant lead hazards are present in other dwelling
units. The rules shall also specify the required
frequency for all refresher training courses.
23-24.6-27. Administrative fines. -- (a) In addition
to any other enforcement authority granted under this chapter, whenever on the
basis of any information, the department determines that a person has violated, or is in violation of section §23-24.6-12,
23-24.6-13, 23-24.6-14 or 23-24.6-15 regarding
inspections, section §23-24.6-17 regarding lead hazard reduction, or section §23-24.6-20
regarding licensure or certification, any
rule or regulation promulgated pursuant to any of these sections, or any orders
issued under any of these sections, rules,
or regulations, the director may issue an order civilly
fining the person one hundred dollars ($100)
an amount not to exceed five thousand dollars
($5,000) per day for any each current or past violation, requiring
compliance immediately or within a specified time period, or both. Each day of
continued violation may be considered a separate violation. Each violation in
any premises may be considered a separate violation.
(b) In addition to any other enforcement authority granted under this chapter, whenever on the basis of any information, the department determines that a person has violated, or is in violation of, § 23-24.6-15 regarding inspections, any rule or regulation promulgated pursuant to that section, or any orders issued under that section's rules or regulations, the director may issue an order civilly fining the person one hundred dollars ($100) per day for any current or past violation, requiring compliance immediately or within a specified time period, or both. Each day of continued violation may be considered a separate violation. Each violation in any premises may be considered a separate violation.
(b)(c) Within thirty (30) days after any order
issued pursuant to this section is served, the order shall become final unless
the person or persons named in the order request a hearing. Upon that request,
the director shall conduct a hearing as soon as reasonably possible.
(c)(d) In connection with any proceeding under this
section, the director may issue
subpoenas for attendance and testimony of witnesses and the production of
papers, books, documents, and other materials.
(d)(e) If any person liable to pay any civil fine
neglects or refuses to pay after demand, the amount together with interest and
any other costs that may accrue, shall
be a lien in favor of the state upon only the real property of the person which that is
subject to the order only after the lien has been entered and recorded in the
city/town in which the property is situated.
(e)(f) In determining the amount of any civil fine
pursuant to this section, the director shall consider the willfulness of the
violation,;
the circumstances and severity of the violation;
the ability of the violator to comply,; damage or injury to public health and welfare including elevated blood levels of impacted children,
environmental damage to the premises and neighborhood, possible economic
benefits realized by the violator,; the costs incurred by the state,; and any
other relevant factors.
(f)(g) The director shall issue regulations to
implement this section. At a minimum, the regulations shall set forth how long
after receiving any order from the director or any other notice of a violation
a person has to comply with the law before civil fines will be assessed, the
circumstances in which no grace period will apply, the circumstances in which
any grace period may be extended, and the procedure and times frames to request
an extension. The regulations shall also include a
penalty matrix to be used as a guide in the calculation of a fine levied
pursuant to this section.
(g)(h) Any fines levied pursuant to this section
shall be done in lieu of any civil penalties issued pursuant to section §45-24.3-18(a), and no housing authority shall issue any civil
penalty for the same violation.
SECTION 2. This act shall take effect upon passage.
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LC004498/SUB A
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