§ 68-131-404 — Unlawful acts

(a) (1) On and after the effective date of regulations promulgated by the commissioner pursuant to this chapter, no person shall perform or represent that such person is qualified to perform any lead-based paint activities without having received the appropriate certification from the department, unless such person is: (A) An owner performing abatement upon that person's own residential property; (B) An employee of a property management company doing routine cleaning and repainting upon property managed by that company, where there is insignificant damage to, wear of, or corrosion of existing lead-containing paint or coating substances; or (C) An owner routinely cleaning or repainting the owner's property, where there is insignificant damage to, wear of, or corrosion of existing lead-containing paint or coating substances. (2) "Lead based paint activities," as used in this part has the same meaning as in the rules promulgated by the United States environmental protection agency for the federal lead-based paint program under the Toxic Substances Control Act ( 15 U.S.C. § 2601 et seq.). This includes lead-based paint inspection, risk assessment, and abatement activities, but does not include renovation, remodeling, landscaping, or other activities, when such activities are not designed to permanently eliminate lead-based paint hazards, but instead are designed to repair, restore or remodel a structure, even though these activities may incidentally result in a reduction or elimination of lead-based paint hazards. (b) Failure of a lead-based paint abatement contractor to conduct lead-based paint activities in accordance with the requirements of the rules promulgated pursuant to this chapter is unlawful. (c) Failure or refusal to establish, maintain, provide, copy, or permit access to records or reports required by the rules promulgated under this chapter is unlawful. (d) Failure or refusal to permit entry or inspection as required by § 68-131-403 is unlawful. (e) Failure of anyone, including a renovator of target housing, to comply with the requirements of the rules promulgated under this part is unlawful.

Legislative History

Acts 1999, ch. 385, § 3; 2001, ch. 127, § 2.