In 1999, the U.S. Environmental Protection Agency (EPA) granted authorization to the Michigan Department of Community Health, Lead Hazard Remediation Program, to administer and enforce an LBP training and certification program in the state. Authorized programs may, at the discretion of their legislative bodies, enact specific requirements to provide additional protection for the citizens of that state. The [Michigan] Lead Abatement Act, as amended, and the Lead Hazard Control rules require the following additional provisions of persons doing LBP-related work or seeking accreditation or certification in the State of Michigan:
- A certified Lead Supervisor is required to be on a work site at all times that abatement work is being performed.Ref: R325.99406(4)
- Each individual seeking certification as a Lead Worker must successfully complete a third-party certification exam prior to certification. Ref: R325.99302(1)
- Certification fees schedule. Ref: MCL 333.5471(2)
- Enforcement actions, citations, fines, criminal sanctions. Ref: MCL 333.5476, R325.99104
- Any certified Inspector or Risk Assessor who performs clearance testing after an abatement project must be completely independent of the person(s) performing the abatement work. Ref: R325.99407(3)
- Composite dust and paint film/chip samples are prohibited. Ref: R325.99401(5)
- Professional certifications expire after three years. Recertification requires an appropriate refresher course to be taken and successful completion of the third-party certification exam. An annual fee must be paid to maintain active certification status. Ref: MCL 333.5468(13)
- Any accredited training provider must submit to LHRP notification of intent to conduct a lead training course at least 7 days in advance of commencement of the course. In addition, the training provider must submit to LHRP a class roster of all students who attended that course, whether successful or not, within 10 days following completion of the course. Forms for each type of required notification are provided by the department.Ref: R325.99408(5)
- Any certified lead abatement firm must submit to LHRP notification of intent to perform abatement work no less than 3 days prior to commencement of work.Ref: R325.99408(1)
- Any certified Inspector or Risk Assessor must submit to LHRP a summary of lead identification activities by the 15th of each month following such activities. Ref: R325.99408(4)
- Each approved principal instructor for any accredited lead training course must have successfully completed the course for which they intend to provide instruction. Ref: R325.99201(3)(b)(ii)
- A person who performs an EBL environmnetal investigation must have received endorsement from the Department as an EBL investigator. Ref: R325.99504
- A person who performs non-abatement lead hazard control work must have successfully completed a HUD-approved training course for such work. Ref: R325.99408(1)
- Any person who performs renovation work for compensation which may disturb painted surfaces in target housing or a child-occupied facility must provide the owner of the building with an approved informational pamphlet no more than 60 days prior to beginning work. >Ref: R325.99408(6)
Citation appeal procedures - Rule R325.99104(3) provides for any person who is aggrieved by specific enforcement actions taken by the department has the right to an administrative hearing, held in accordance with the Administrative Procedures Act of 1969, being §§24.201 to 24.328 of the Michigan Compiled Laws. Petition for a hearing must be made in writing, no later than 15 working days after receipt of a notice of noncompliance. The petition must be sent to the Michigan Department of Community Health Administrative Tribunal, P.O. Box 30195 Lansing, Michigan 48909-7695. Questions regarding hearings may be directed to the above address, or by telephone [toll-free] at (877) 833-0870.
- In an effort to facilitate mutually agreeable corrective measures required by specific enforcement actions, the aggrieved party may request an informal pre-hearing conference with representative(s) from the department.
- The pre-hearing conference will be scheduled as soon as practicable at the main office of the Lead Hazard Remediation Program. Written responses to the appeal issues will be sent to the aggrieved party by the department representative within 10 working days of the date of the conference. If the topics of appeal have been mutually resolved, the administrative hearing request will be withdrawn. The administrative hearing will be held in accordance with the Administrative Procedures Act of 1969 if any issues remain unresolved.