Michigan Compiled Laws 368-1978-5-54a Part 54a Lead Abatement (333.5451... 333.5479)

• Section 333.5451 Short Title Of Part.
  This part shall be known and may be cited as the “lead abatement act”. History: Add. 1998, Act 219, Imd. Eff. July 1, 1998...
• Section 333.5452 Words And Phrases; Meanings.
  For purposes of this part, the words and phrases defined in sections 5453 to 5460 have the meanings ascribed to them unless the context...
• Section 333.5453 Definitions; A.
  (1) "Abatement", except as otherwise provided in subsection (2), means a measure or set of measures designed to permanently eliminate lead-based paint hazards. Abatement...
• Section 333.5454 Definitions; C.
  (1) “Certified abatement worker” means an individual who has been trained to perform abatements by an accredited training program and who is certified by...
• Section 333.5455 Definitions; C.
  (1) “Clearance levels” means the values that indicate the maximum amount of lead permitted in dust on a surface following completion of an abatement...
• Section 333.5456 Definitions; D, E.
  (1) “Department” means the department of community health. (2) “Deteriorated paint” means paint or other surface coating that is cracking, flaking, chipping, peeling, or...
• Section 333.5457 Definitions; G To I.
  (1) “Guest instructor” means an individual designated by the manager or principal instructor of an accredited training program to provide instruction specific to the...
• Section 333.5458 Definitions; L.
  (1) “Lead-based paint” means paint or other surface coatings that contain lead equal to or in excess of 1.0 milligrams per square centimeter or...
• Section 333.5459 Definitions; M To S.
  (1) “Multifamily dwelling” means a structure that contains more than 1 separate residential dwelling unit and that is used or occupied, or intended to...
• Section 333.5460 Definitions; T To V.
  (1) “Target housing” means housing constructed before 1978, except any of the following: (a) Housing for the elderly or persons with disabilities, unless any...
• Section 333.5460a Lead-based Paint Activities; Procedures And Requirements.
  (1) This part contains procedures and requirements for the accreditation of lead-based paint activities training programs, procedures and requirements for the certification of individuals...
• Section 333.5461 Persons Engaged In Lead-based Paint Activity; Certification Required.
  (1) A person shall not engage or offer to engage in a lead-based paint activity unless certified in the appropriate discipline under this part....
• Section 333.5461a Lead-based Paint Activities; Training Program; Accreditation Required.
  (1) A person shall not provide or offer to provide a training program for lead-based paint activities unless the training program is accredited under...
• Section 333.5462 Lead-based Paint Activities; Training Program; Accreditation Generally.
  (1) A person may seek accreditation for a training program to offer courses in lead-based paint activities in 1 or more of the following...
• Section 333.5463 Training Program; Training Hour Requirements For Accreditation In Certain Disciplines; Rules; Course Test; Hands-on Skills Assessment; Course Completion Certificates; Quality Control Plan; Teaching Work Practice Standards; Duties Of Training Manager.
  (1) A training program accredited under section 5462 shall provide training courses that meet the following training hour requirements in order to become accredited...
• Section 333.5464 Accreditation Of Refresher Course.
  (1) A training program may seek accreditation to offer refresher training courses in 1 or more of the disciplines described in section 5462(1). A...
• Section 333.5465 Reaccreditation Of Training Program.
  (1) Unless reaccredited, a training program's accreditation under section 5462, including refresher course training accredited under section 5464, expires 1 year after the date...
• Section 333.5466 Suspension, Revocation, Or Modification Of Accreditation.
  (1) The department may, after notice and an opportunity for hearing pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201...
• Section 333.5467 Accreditation Training Program; Availability And Retention Of Records; Notice Of Change Of Address.
  (1) An accredited training program shall maintain, and make available to the department, upon request, all of the following records: (a) Each document that...
• Section 333.5468 Certification To Engage In Lead-based Paint Activities; Fees; Application; Requirements For Certification In Specific Discipline.
  (1) An individual seeking certification by the department to engage in lead-based paint activities shall pay the appropriate fees required under section 5471 and...
• Section 333.5469 Certification To Engage In Lead-based Paint Activities; Employment Of Certified Employees; Requirements.
  (1) Beginning August 30, 1999, a person shall not perform or offer to perform lead-based paint activities without obtaining certification by the department under...
• Section 333.5470 Certification In Appropriate Discipline Required.
  Beginning on March 1, 1999, all lead-based paint activities shall be performed by an individual certified in the appropriate discipline under this part and...
• Section 333.5471 Training Program Or Refresher Courses; Fees.
  (1) Subject to subsection (7), fees for a person accredited or seeking accreditation for a training program offering courses or refresher courses in lead-based...
• Section 333.5472 Notice Of Lead-based Paint Abatement.
  Before beginning a lead-based paint abatement, a person conducting lead-based paint abatement shall notify the department, on forms provided by the department or through...
• Section 333.5473 Administration And Enforcement Of Part.
  The legislature shall annually appropriate to the department an amount sufficient to administer and enforce this part. These funds shall be offset by funds...
• Section 333.5473a Administration And Enforcement Of Part By Department; Rules; Establishment Of Programs; Recommendations; Disclosure; Exemption.
  (1) The department shall administer this part and promulgate rules as may be necessary for the administration and enforcement of this part pursuant to...
• Section 333.5474 Establishment Of Lead Poisoning Prevention Program; Components; Reports.
  (1) The department shall establish a lead poisoning prevention program that has the following components: (a) A coordinated and comprehensive plan to prevent childhood...
• Section 333.5474a Repealed. 2004, Act 431, Eff. July 1, 2007.
  Compiler's Notes: The repealed section pertained to the childhood lead poisoning prevention and control commission.Popular Name: Act 368
• Section 333.5474b Lead Safe Housing Registry.
  (1) The department in cooperation with the family independence agency and the Michigan state housing development authority shall establish and maintain a registry, to...
• Section 333.5474b[1] Lead Safe Housing Registry.
  (1) The department in cooperation with the family independence agency and the Michigan state housing development authority shall establish and maintain a registry, to...
• Section 333.5474c Repealed. 2004, Act 400, Eff. July 1, 2007.
  Compiler's Notes: The repealed section pertained to report findings of environmental threats of lead poisoning to children.Popular Name: Act 368
• Section 333.5474c[1] Lead Poisoning Prevention Week.
  (1) The legislature recognizes the imminent threats posed to children's health and cognitive development from ingestion of lead paint dust in residential neighborhoods, the...
• Section 333.5475 Alleged Violations Or Complaints; Actions By Department.
  (1) The department shall receive or initiate complaints of alleged violations of this part or rules promulgated under this part and take action with...
• Section 333.5475a Rental Unit Containing Lead-based Hazard; Presumption Of Actual Knowledge; Violation; Penalties; Defense; Burden Of Proof; Definitions.
  (1) A property manager, housing commission, or owner of a rental unit who rents or continues to rent a residential housing unit to a...
• Section 333.5476 Violation Of Part; Fine; Citation; Administrative Hearing.
  (1) A person who violates this part or a rule promulgated under this part is subject to an administrative fine up to the following...
• Section 333.5477 Violation; Failure To Correct Violation After Notice As Misdemeanor; Sanctions, Penalties, Or Other Provisions.
  (1) A person who engages in a lead-based paint activity as provided for by this part and who willfully or repeatedly violates this part...
• Section 333.5478, 333.5479 Repealed. 2007, Act 162, Eff. July 1, 2010.
  Compiler's Notes: The repealed sections pertained to reinstatement and powers and duties of the childhood lead poisoning prevention and control commission.Popular Name: Act 368

Last modified: October 10, 2016