(a)Lead-based paint activities, as defined in §295.202 of this title (relating to Definitions) shall only be conducted according to the procedures and standards contained in §295.212 of this title (relating to Standards for Conducting Lead-Based Paint Activities). However, the standards contained in §295.212 of this title do not apply when treating paint-lead hazards less than: (1)two square feet of deteriorated lead-based paint per room or equivalent; (2)20 square feet of deteriorated paint on the exterior building; or (3)10% of the total surface area of deteriorated paint on an interior or exterior type of component with a small surface area. (b)No persons may offer to perform or perform any lead-based paint activity in target housing or [and, effective June 1, 1998,] in a child-occupied facility, unless certified to perform that activity according to the procedures in §§295.205 - 295.211 of this title (relating to Texas Environmental Lead Reduction). (c)All firms performing lead-based paint activities shall employ only appropriately certified individuals to conduct those lead-based paint activities. (d)[(c)] All persons engaged in lead-based paint activities must have the department-issued certification ID card and one form of photo identification present at the worksite.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on November 27, 2002
TRD-200207929 Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: January 12, 2003
For further information, please call: (512) 458-7236
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