(a)Notification requirement. The Texas Department of Health's (department) Environmental Lead Notification Section (ELNS) and the appropriate department regional office shall be notified by the certified lead firm in writing on a form specified by the department of any lead-based paint abatement activity in target housing (each individual and separate residential dwelling or each building within a multifamily dwelling complex) or child-occupied facilities. The department notification form must be filled out completely and properly including an accurate description of the work to be performed . Blanks which do not apply shall be marked "N/A." The designation of "N/A" will not be accepted for references requiring identification of the work site, building description, building owner, certified lead abatement firm, and individuals required to be identified on the notification form. Any changes to the original notification will require that an amended notification be submitted. (b)(No change.) (c)Timeliness of notification. (1)(No change.) (2)Regional office notification. In addition to the notification requirement in paragraph (1) of this subsection, a copy of the notification must be received by the regional office on the same date that the notification is mailed to the ELNS, which shall be at least seven working days prior to the start of the lead-based paint abatement. The copy of the notification may be hand-delivered, express-mailed, sent by electronic mail (E-mail), or faxed to the regional office. (d)Start/Stop-date amendments. For any changes to the start and/or stop-date(s), the ELNS and the appropriate regional office shall be notified by telephone during the hours of 8:00 a.m. to 5:00 p.m. Central Standard Time (CST) prior to the original or amended start and/or stop-date(s) as previously specified on the notification form. If the amended stop-date is earlier that the original scheduled or previously amended stop-date, then it must be reported prior to the new or amended stop-date. A written amended notification must be postmarked to the ELNS and delivered to the regional office within 24 hours following the telephone communication with the ELNS and the regional office. (e)Cancellations. When a lead abatement project is to be cancelled, the ELNS and the regional office shall be notified by telephone during the hours of 8:00 a.m. to 5:00 p.m. CST at least 24 hours prior to the scheduled start date, and a notification of cancellation must be submitted to the ELNS and postmarked no later than 24 hours following the telephone communication with the ELNS and regional office. The copy of the notification shall also be hand-delivered, express-mailed, sent by E-mail, or faxed to the regional office no later than 24 hours following the telephone communication with the ELNS and regional office. (f)(No change.) (g)Lead abatement notification fees. (1) - (2)(No change.) (3)Fees. The fee for each original notification is $100. [50. If a cancellation is made in accordance with subsection (e) of this section, then the original notification fee will be refunded minus a total processing fee of $25.] (4)(No change.)
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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