105250. (a) A program is hereby established within the department
to meet the requirements of the Residential Lead-Based Paint Hazard
Reduction Act of 1992 (42 U.S.C. Sec. 4851 and following) and Title X
of the Housing and Community Development Act of 1992 (P.L. 102-550).
(b) The department shall implement and administer the program. The
department shall have powers and authority consistent with the
intent of, and shall adopt regulations to establish the program as an
authorized state program pursuant to, Title IV, Sections 402 to 404,
inclusive, of the Toxic Substances Control Act (15 U.S.C. Sec. 2601
and following).
(c) Regulations regarding accreditation of training providers that
are adopted pursuant to subdivision (b) shall include, but not be
limited to, provisions governing accreditation of providers of health
and safety training to employees who engage in or supervise
lead-related construction work as defined in Section 6716 of the
Labor Code, and certification of employees who have successfully
completed that training. Regulations regarding accreditation of
training providers shall, as a condition of accreditation, require
providers to offer training that meets the requirements of Section
6717 of the Labor Code. The department shall, not later than August
1, 1994, adopt regulations establishing fees for the accreditation of
training providers, the certification of individuals, and the
licensing of entities engaged in lead-related occupations. The fees
imposed under this subdivision shall be established at levels not
exceeding an amount sufficient to cover the costs of administering
and enforcing the standards and regulations adopted under this
section. The fees established pursuant to this subdivision shall not
be imposed on any state or local government or nonprofit training
program.
(d) All regulations affecting the training of employees shall be
adopted in consultation with the Division of Occupational Safety and
Health. The regulations shall include provisions for allocating to
the division an appropriate portion of funds to be expended for the
program for the division's cost of enforcing compliance with training
and certification requirements. The department shall adopt
regulations to establish the program on or before August 1, 1994.
(e) The department shall review and amend its training,
certification, and accreditation regulations adopted under this
section as is necessary to ensure continued eligibility for federal
and state funding of lead-hazard reduction activities in the state.
(f) Effective July 1, 2010, all fees collected pursuant to
subdivision (c) shall be deposited in the Lead-Related Construction
Fund, which is hereby created in the State Treasury. Moneys in the
fund shall be expended by the department upon appropriation by the
Legislature for the purposes of this chapter. Moneys in the fund are
available for cashflow borrowing pursuant to Sections 16310 and 16381
of the Government Code.
(g) Of the amount appropriated in Item 4265-001-0070 of Section
2.00 of the Budget Act of 2009, five hundred thousand dollars
($500,000) from the Occupational Lead Poisoning Prevention Account
shall be used to administer the program in the 2009-10 fiscal year.
These funds shall be repaid to the Occupational Lead Poisoning
Prevention Account upon a determination by the Department of Finance
that sufficient moneys are available in the Lead-Related Construction
Fund. No interest shall be paid by the Lead-Related Construction
Fund at the time of repayment.
105251. For purposes of this chapter, the following definitions
shall apply:
(a) The following terms shall have the same meaning as contained
in Chapter 8 (commencing with Section 35001) of Division 1 of Title
17 of the California Code of Regulations adopted by the State
Department of Health Services pursuant to Sections 105250 and 124160:
"abatement," "accredited training provider," "certificate," "course
completion form," "DHS-approved course," "lead hazard," "lead hazard
evaluation," "lead related construction work," "public building," and
"residential building."
(b) "Department" means the State Department of Health Services.
(c) "Local enforcement agency" means the health department,
environmental agency, housing department, or building department of
any city, county, or city and county.
105252. (a) It is unlawful for any person to offer lead-related
construction courses to meet department certificate requirements
unless that person is an accredited training provider as specified in
Chapter 8 (commencing with Section 35001) of Division 1 of Title 17
of the California Code of Regulations, as adopted pursuant to
Sections 105250 and 124160.
(b) It is unlawful for any person to issue, or offer to issue, a
lead-related construction course completion form to any person except
upon successful completion by that person of a DHS-approved course.
(c) The department or any local enforcement agency may, consistent
with Section 17972, enter, inspect, and photograph any premises or
facilities, and inspect and copy any business record, where any
accredited training provider, or any person who offers lead-related
construction courses or issues lead-related construction course
completion forms, conducts business to determine whether the person
is complying with this section.
(d) It is unlawful for any person who is an accredited training
provider or who offers lead-related construction courses or issues
lead-related construction completion forms, to refuse entry or
inspection, the taking of photographs or other evidence, or access to
copying of any record as authorized by this section, or to conceal
or withhold evidence.
(e) A violation of this section shall be punishable by
imprisonment for not more than six months in the county jail, a fine
of not more than one thousand dollars ($1,000), or by both that
imprisonment and fine.
105253. (a) Any person issued a certificate by the department to
conduct lead-related construction work, abatement, or lead hazard
evaluation, shall comply with regulations as specified in Chapter 8
(commencing with Section 35001) of Division 1 of Title 17 of the
California Code of Regulations, as adopted pursuant to Sections
105250 and 124160.
(b) It is unlawful for any person to do either of the following:
(1) Falsely represent himself or herself as possessing a
certificate issued by the department to conduct lead-related
construction work, abatement, or lead hazard evaluation.
(2) Submit false information or documentation to the department in
order to obtain or renew a certificate to conduct lead-related
construction work, abatement, or lead hazard evaluation.
(c) The department or any local enforcement agency may, consistent
with Section 17972, enter, inspect, and photograph any premises or
facilities, and inspect and copy any business record, where any
person issued a certificate by the department to perform lead-related
construction work conducts business to determine whether the person
is complying with this section.
(d) A violation of this section shall be punishable by
imprisonment for not more than six months in the county jail, a fine
of not more than one thousand dollars ($1,000), or by both that
imprisonment and fine.
105254. (a) The following persons engaged in the following types of
lead construction work shall have a certificate:
(1) Persons who receive pay for doing lead hazard evaluations,
including, but not limited to, lead inspections, lead risk
assessments, or lead clearance inspections, in residential or public
buildings.
(2) Persons preparing or designing plans for the abatement of
lead-based paint or lead hazards from residential or public
buildings.
(3) Persons doing any work designed to reduce or eliminate lead
hazards on a permanent basis (to last 20 years or more) from
residential or public buildings.
(4) Persons inspecting for lead or doing lead abatement activities
in a public elementary school, preschool, or day care center.
(5) Persons doing lead-related construction work in a residential
or public building that will expose a person to airborne lead at or
above the eight-hour permissible exposure limit of 50 micrograms per
cubic meter.
(b) Persons performing routine maintenance and repairs in housing
are not required to have a certificate if they are not performing any
of the activities listed under subdivision (a).
(c) The department may adopt regulations to modify certification
requirements for persons engaged in lead construction work based on
changes to state or federal law, or programmatic need.
(d) The department or any local enforcement agency may, consistent
with Section 17972, enter, inspect, and photograph any premises
where abatement or a lead hazard evaluation is being conducted or has
been ordered, enter the place of business of any person who conducts
abatement or lead hazard evaluations, and inspect and copy any
business record of any person who conducts abatement or lead hazard
evaluations to determine whether the person is complying with this
section.
(e) A violation of this section shall be punishable by
imprisonment for not more than six months in the county jail, a fine
of not more than one thousand dollars ($1,000), or by both that
imprisonment and fine.
105255. (a) No person shall perform lead-related construction work
on any residential or public building in a manner that creates a lead
hazard.
(b) The department and any local enforcement agency may,
consistent with Section 17972, enter, inspect, and photograph any
premises where lead-related construction work is being performed,
enter the place of business of any person who performs lead-related
construction work, and inspect and copy any business record of any
person who performs lead-related construction work to determine
whether the person is complying with this section and any regulations
specified in Chapter 8 (commencing with Section 35001) of Division 1
of Title 17 of the California Code of Regulations adopted by the
State Department of Health Services pursuant to Sections 105250 and
124160.
(c) Notwithstanding any other provision of law, whenever the
department or a local enforcement agency determines that a condition
at a location or premises, or the activity of any person at the
location or premises, is creating or has created a lead hazard at the
location or premises, the department or the local enforcement agency
may order the owner of the location or premises to abate or
otherwise correct, at the option of the owner, the lead hazard, and
may order the person whose activity is creating or has created the
lead hazard, to cease and desist and shall give that owner or person
a reasonable opportunity to correct.
(d) It is unlawful for any person to refuse or disobey any order
issued pursuant to subdivision (c).
(e) A violation of subdivision (d) shall be punishable by a fine
not to exceed one thousand dollars ($1,000). Any penalties under this
section shall be in addition to any other penalty or remedy provided
by law.
105256. (a) Notwithstanding any other provision of law, whenever
the department or a local enforcement agency determines that a
condition at a location or premises, or the activity of any person at
the location or premises, is creating or has created a lead hazard
at the location or premises, the department or the local enforcement
agency may order the owner of the location or premises to abate the
lead hazard, and may order the person whose activity is creating or
has created the lead hazard, to cease and desist.
(b) It is unlawful for any person to refuse to obey any order
issued pursuant to this section.
(c) A violation of subdivision (b) shall be an infraction
punishable by a fine not to exceed one thousand dollars ($1,000).
(d) A second or subsequent violation of subdivision (b) shall be a
misdemeanor punishable by a fine not to exceed five thousand dollars
($5,000) or by imprisonment for not more than six months in the
county jail or by both that fine and imprisonment.
(e) Any penalties under this section shall be in addition to any
other penalty or remedy provided by law.
105257. Notwithstanding subdivision (f) of Section 1464 of the
Penal Code, any state penalties paid for the violation of this
chapter shall be deposited into the General Fund.
105250. (a) A program is hereby established within the department
to meet the requirements of the Residential Lead-Based Paint Hazard
Reduction Act of 1992 (42 U.S.C. Sec. 4851 and following) and Title X
of the Housing and Community Development Act of 1992 (P.L. 102-550).
(b) The department shall implement and administer the program. The
department shall have powers and authority consistent with the
intent of, and shall adopt regulations to establish the program as an
authorized state program pursuant to, Title IV, Sections 402 to 404,
inclusive, of the Toxic Substances Control Act (15 U.S.C. Sec. 2601
and following).
(c) Regulations regarding accreditation of training providers that
are adopted pursuant to subdivision (b) shall include, but not be
limited to, provisions governing accreditation of providers of health
and safety training to employees who engage in or supervise
lead-related construction work as defined in Section 6716 of the
Labor Code, and certification of employees who have successfully
completed that training. Regulations regarding accreditation of
training providers shall, as a condition of accreditation, require
providers to offer training that meets the requirements of Section
6717 of the Labor Code. The department shall, not later than August
1, 1994, adopt regulations establishing fees for the accreditation of
training providers, the certification of individuals, and the
licensing of entities engaged in lead-related occupations. The fees
imposed under this subdivision shall be established at levels not
exceeding an amount sufficient to cover the costs of administering
and enforcing the standards and regulations adopted under this
section. The fees established pursuant to this subdivision shall not
be imposed on any state or local government or nonprofit training
program.
(d) All regulations affecting the training of employees shall be
adopted in consultation with the Division of Occupational Safety and
Health. The regulations shall include provisions for allocating to
the division an appropriate portion of funds to be expended for the
program for the division's cost of enforcing compliance with training
and certification requirements. The department shall adopt
regulations to establish the program on or before August 1, 1994.
(e) The department shall review and amend its training,
certification, and accreditation regulations adopted under this
section as is necessary to ensure continued eligibility for federal
and state funding of lead-hazard reduction activities in the state.
(f) Effective July 1, 2010, all fees collected pursuant to
subdivision (c) shall be deposited in the Lead-Related Construction
Fund, which is hereby created in the State Treasury. Moneys in the
fund shall be expended by the department upon appropriation by the
Legislature for the purposes of this chapter. Moneys in the fund are
available for cashflow borrowing pursuant to Sections 16310 and 16381
of the Government Code.
(g) Of the amount appropriated in Item 4265-001-0070 of Section
2.00 of the Budget Act of 2009, five hundred thousand dollars
($500,000) from the Occupational Lead Poisoning Prevention Account
shall be used to administer the program in the 2009-10 fiscal year.
These funds shall be repaid to the Occupational Lead Poisoning
Prevention Account upon a determination by the Department of Finance
that sufficient moneys are available in the Lead-Related Construction
Fund. No interest shall be paid by the Lead-Related Construction
Fund at the time of repayment.
105251. For purposes of this chapter, the following definitions
shall apply:
(a) The following terms shall have the same meaning as contained
in Chapter 8 (commencing with Section 35001) of Division 1 of Title
17 of the California Code of Regulations adopted by the State
Department of Health Services pursuant to Sections 105250 and 124160:
"abatement," "accredited training provider," "certificate," "course
completion form," "DHS-approved course," "lead hazard," "lead hazard
evaluation," "lead related construction work," "public building," and
"residential building."
(b) "Department" means the State Department of Health Services.
(c) "Local enforcement agency" means the health department,
environmental agency, housing department, or building department of
any city, county, or city and county.
105252. (a) It is unlawful for any person to offer lead-related
construction courses to meet department certificate requirements
unless that person is an accredited training provider as specified in
Chapter 8 (commencing with Section 35001) of Division 1 of Title 17
of the California Code of Regulations, as adopted pursuant to
Sections 105250 and 124160.
(b) It is unlawful for any person to issue, or offer to issue, a
lead-related construction course completion form to any person except
upon successful completion by that person of a DHS-approved course.
(c) The department or any local enforcement agency may, consistent
with Section 17972, enter, inspect, and photograph any premises or
facilities, and inspect and copy any business record, where any
accredited training provider, or any person who offers lead-related
construction courses or issues lead-related construction course
completion forms, conducts business to determine whether the person
is complying with this section.
(d) It is unlawful for any person who is an accredited training
provider or who offers lead-related construction courses or issues
lead-related construction completion forms, to refuse entry or
inspection, the taking of photographs or other evidence, or access to
copying of any record as authorized by this section, or to conceal
or withhold evidence.
(e) A violation of this section shall be punishable by
imprisonment for not more than six months in the county jail, a fine
of not more than one thousand dollars ($1,000), or by both that
imprisonment and fine.
105253. (a) Any person issued a certificate by the department to
conduct lead-related construction work, abatement, or lead hazard
evaluation, shall comply with regulations as specified in Chapter 8
(commencing with Section 35001) of Division 1 of Title 17 of the
California Code of Regulations, as adopted pursuant to Sections
105250 and 124160.
(b) It is unlawful for any person to do either of the following:
(1) Falsely represent himself or herself as possessing a
certificate issued by the department to conduct lead-related
construction work, abatement, or lead hazard evaluation.
(2) Submit false information or documentation to the department in
order to obtain or renew a certificate to conduct lead-related
construction work, abatement, or lead hazard evaluation.
(c) The department or any local enforcement agency may, consistent
with Section 17972, enter, inspect, and photograph any premises or
facilities, and inspect and copy any business record, where any
person issued a certificate by the department to perform lead-related
construction work conducts business to determine whether the person
is complying with this section.
(d) A violation of this section shall be punishable by
imprisonment for not more than six months in the county jail, a fine
of not more than one thousand dollars ($1,000), or by both that
imprisonment and fine.
105254. (a) The following persons engaged in the following types of
lead construction work shall have a certificate:
(1) Persons who receive pay for doing lead hazard evaluations,
including, but not limited to, lead inspections, lead risk
assessments, or lead clearance inspections, in residential or public
buildings.
(2) Persons preparing or designing plans for the abatement of
lead-based paint or lead hazards from residential or public
buildings.
(3) Persons doing any work designed to reduce or eliminate lead
hazards on a permanent basis (to last 20 years or more) from
residential or public buildings.
(4) Persons inspecting for lead or doing lead abatement activities
in a public elementary school, preschool, or day care center.
(5) Persons doing lead-related construction work in a residential
or public building that will expose a person to airborne lead at or
above the eight-hour permissible exposure limit of 50 micrograms per
cubic meter.
(b) Persons performing routine maintenance and repairs in housing
are not required to have a certificate if they are not performing any
of the activities listed under subdivision (a).
(c) The department may adopt regulations to modify certification
requirements for persons engaged in lead construction work based on
changes to state or federal law, or programmatic need.
(d) The department or any local enforcement agency may, consistent
with Section 17972, enter, inspect, and photograph any premises
where abatement or a lead hazard evaluation is being conducted or has
been ordered, enter the place of business of any person who conducts
abatement or lead hazard evaluations, and inspect and copy any
business record of any person who conducts abatement or lead hazard
evaluations to determine whether the person is complying with this
section.
(e) A violation of this section shall be punishable by
imprisonment for not more than six months in the county jail, a fine
of not more than one thousand dollars ($1,000), or by both that
imprisonment and fine.
105255. (a) No person shall perform lead-related construction work
on any residential or public building in a manner that creates a lead
hazard.
(b) The department and any local enforcement agency may,
consistent with Section 17972, enter, inspect, and photograph any
premises where lead-related construction work is being performed,
enter the place of business of any person who performs lead-related
construction work, and inspect and copy any business record of any
person who performs lead-related construction work to determine
whether the person is complying with this section and any regulations
specified in Chapter 8 (commencing with Section 35001) of Division 1
of Title 17 of the California Code of Regulations adopted by the
State Department of Health Services pursuant to Sections 105250 and
124160.
(c) Notwithstanding any other provision of law, whenever the
department or a local enforcement agency determines that a condition
at a location or premises, or the activity of any person at the
location or premises, is creating or has created a lead hazard at the
location or premises, the department or the local enforcement agency
may order the owner of the location or premises to abate or
otherwise correct, at the option of the owner, the lead hazard, and
may order the person whose activity is creating or has created the
lead hazard, to cease and desist and shall give that owner or person
a reasonable opportunity to correct.
(d) It is unlawful for any person to refuse or disobey any order
issued pursuant to subdivision (c).
(e) A violation of subdivision (d) shall be punishable by a fine
not to exceed one thousand dollars ($1,000). Any penalties under this
section shall be in addition to any other penalty or remedy provided
by law.
105256. (a) Notwithstanding any other provision of law, whenever
the department or a local enforcement agency determines that a
condition at a location or premises, or the activity of any person at
the location or premises, is creating or has created a lead hazard
at the location or premises, the department or the local enforcement
agency may order the owner of the location or premises to abate the
lead hazard, and may order the person whose activity is creating or
has created the lead hazard, to cease and desist.
(b) It is unlawful for any person to refuse to obey any order
issued pursuant to this section.
(c) A violation of subdivision (b) shall be an infraction
punishable by a fine not to exceed one thousand dollars ($1,000).
(d) A second or subsequent violation of subdivision (b) shall be a
misdemeanor punishable by a fine not to exceed five thousand dollars
($5,000) or by imprisonment for not more than six months in the
county jail or by both that fine and imprisonment.
(e) Any penalties under this section shall be in addition to any
other penalty or remedy provided by law.
105257. Notwithstanding subdivision (f) of Section 1464 of the
Penal Code, any state penalties paid for the violation of this
chapter shall be deposited into the General Fund.
105250. (a) A program is hereby established within the department
to meet the requirements of the Residential Lead-Based Paint Hazard
Reduction Act of 1992 (42 U.S.C. Sec. 4851 and following) and Title X
of the Housing and Community Development Act of 1992 (P.L. 102-550).
(b) The department shall implement and administer the program. The
department shall have powers and authority consistent with the
intent of, and shall adopt regulations to establish the program as an
authorized state program pursuant to, Title IV, Sections 402 to 404,
inclusive, of the Toxic Substances Control Act (15 U.S.C. Sec. 2601
and following).
(c) Regulations regarding accreditation of training providers that
are adopted pursuant to subdivision (b) shall include, but not be
limited to, provisions governing accreditation of providers of health
and safety training to employees who engage in or supervise
lead-related construction work as defined in Section 6716 of the
Labor Code, and certification of employees who have successfully
completed that training. Regulations regarding accreditation of
training providers shall, as a condition of accreditation, require
providers to offer training that meets the requirements of Section
6717 of the Labor Code. The department shall, not later than August
1, 1994, adopt regulations establishing fees for the accreditation of
training providers, the certification of individuals, and the
licensing of entities engaged in lead-related occupations. The fees
imposed under this subdivision shall be established at levels not
exceeding an amount sufficient to cover the costs of administering
and enforcing the standards and regulations adopted under this
section. The fees established pursuant to this subdivision shall not
be imposed on any state or local government or nonprofit training
program.
(d) All regulations affecting the training of employees shall be
adopted in consultation with the Division of Occupational Safety and
Health. The regulations shall include provisions for allocating to
the division an appropriate portion of funds to be expended for the
program for the division's cost of enforcing compliance with training
and certification requirements. The department shall adopt
regulations to establish the program on or before August 1, 1994.
(e) The department shall review and amend its training,
certification, and accreditation regulations adopted under this
section as is necessary to ensure continued eligibility for federal
and state funding of lead-hazard reduction activities in the state.
(f) Effective July 1, 2010, all fees collected pursuant to
subdivision (c) shall be deposited in the Lead-Related Construction
Fund, which is hereby created in the State Treasury. Moneys in the
fund shall be expended by the department upon appropriation by the
Legislature for the purposes of this chapter. Moneys in the fund are
available for cashflow borrowing pursuant to Sections 16310 and 16381
of the Government Code.
(g) Of the amount appropriated in Item 4265-001-0070 of Section
2.00 of the Budget Act of 2009, five hundred thousand dollars
($500,000) from the Occupational Lead Poisoning Prevention Account
shall be used to administer the program in the 2009-10 fiscal year.
These funds shall be repaid to the Occupational Lead Poisoning
Prevention Account upon a determination by the Department of Finance
that sufficient moneys are available in the Lead-Related Construction
Fund. No interest shall be paid by the Lead-Related Construction
Fund at the time of repayment.
105251. For purposes of this chapter, the following definitions
shall apply:
(a) The following terms shall have the same meaning as contained
in Chapter 8 (commencing with Section 35001) of Division 1 of Title
17 of the California Code of Regulations adopted by the State
Department of Health Services pursuant to Sections 105250 and 124160:
"abatement," "accredited training provider," "certificate," "course
completion form," "DHS-approved course," "lead hazard," "lead hazard
evaluation," "lead related construction work," "public building," and
"residential building."
(b) "Department" means the State Department of Health Services.
(c) "Local enforcement agency" means the health department,
environmental agency, housing department, or building department of
any city, county, or city and county.
105252. (a) It is unlawful for any person to offer lead-related
construction courses to meet department certificate requirements
unless that person is an accredited training provider as specified in
Chapter 8 (commencing with Section 35001) of Division 1 of Title 17
of the California Code of Regulations, as adopted pursuant to
Sections 105250 and 124160.
(b) It is unlawful for any person to issue, or offer to issue, a
lead-related construction course completion form to any person except
upon successful completion by that person of a DHS-approved course.
(c) The department or any local enforcement agency may, consistent
with Section 17972, enter, inspect, and photograph any premises or
facilities, and inspect and copy any business record, where any
accredited training provider, or any person who offers lead-related
construction courses or issues lead-related construction course
completion forms, conducts business to determine whether the person
is complying with this section.
(d) It is unlawful for any person who is an accredited training
provider or who offers lead-related construction courses or issues
lead-related construction completion forms, to refuse entry or
inspection, the taking of photographs or other evidence, or access to
copying of any record as authorized by this section, or to conceal
or withhold evidence.
(e) A violation of this section shall be punishable by
imprisonment for not more than six months in the county jail, a fine
of not more than one thousand dollars ($1,000), or by both that
imprisonment and fine.
105253. (a) Any person issued a certificate by the department to
conduct lead-related construction work, abatement, or lead hazard
evaluation, shall comply with regulations as specified in Chapter 8
(commencing with Section 35001) of Division 1 of Title 17 of the
California Code of Regulations, as adopted pursuant to Sections
105250 and 124160.
(b) It is unlawful for any person to do either of the following:
(1) Falsely represent himself or herself as possessing a
certificate issued by the department to conduct lead-related
construction work, abatement, or lead hazard evaluation.
(2) Submit false information or documentation to the department in
order to obtain or renew a certificate to conduct lead-related
construction work, abatement, or lead hazard evaluation.
(c) The department or any local enforcement agency may, consistent
with Section 17972, enter, inspect, and photograph any premises or
facilities, and inspect and copy any business record, where any
person issued a certificate by the department to perform lead-related
construction work conducts business to determine whether the person
is complying with this section.
(d) A violation of this section shall be punishable by
imprisonment for not more than six months in the county jail, a fine
of not more than one thousand dollars ($1,000), or by both that
imprisonment and fine.
105254. (a) The following persons engaged in the following types of
lead construction work shall have a certificate:
(1) Persons who receive pay for doing lead hazard evaluations,
including, but not limited to, lead inspections, lead risk
assessments, or lead clearance inspections, in residential or public
buildings.
(2) Persons preparing or designing plans for the abatement of
lead-based paint or lead hazards from residential or public
buildings.
(3) Persons doing any work designed to reduce or eliminate lead
hazards on a permanent basis (to last 20 years or more) from
residential or public buildings.
(4) Persons inspecting for lead or doing lead abatement activities
in a public elementary school, preschool, or day care center.
(5) Persons doing lead-related construction work in a residential
or public building that will expose a person to airborne lead at or
above the eight-hour permissible exposure limit of 50 micrograms per
cubic meter.
(b) Persons performing routine maintenance and repairs in housing
are not required to have a certificate if they are not performing any
of the activities listed under subdivision (a).
(c) The department may adopt regulations to modify certification
requirements for persons engaged in lead construction work based on
changes to state or federal law, or programmatic need.
(d) The department or any local enforcement agency may, consistent
with Section 17972, enter, inspect, and photograph any premises
where abatement or a lead hazard evaluation is being conducted or has
been ordered, enter the place of business of any person who conducts
abatement or lead hazard evaluations, and inspect and copy any
business record of any person who conducts abatement or lead hazard
evaluations to determine whether the person is complying with this
section.
(e) A violation of this section shall be punishable by
imprisonment for not more than six months in the county jail, a fine
of not more than one thousand dollars ($1,000), or by both that
imprisonment and fine.
105255. (a) No person shall perform lead-related construction work
on any residential or public building in a manner that creates a lead
hazard.
(b) The department and any local enforcement agency may,
consistent with Section 17972, enter, inspect, and photograph any
premises where lead-related construction work is being performed,
enter the place of business of any person who performs lead-related
construction work, and inspect and copy any business record of any
person who performs lead-related construction work to determine
whether the person is complying with this section and any regulations
specified in Chapter 8 (commencing with Section 35001) of Division 1
of Title 17 of the California Code of Regulations adopted by the
State Department of Health Services pursuant to Sections 105250 and
124160.
(c) Notwithstanding any other provision of law, whenever the
department or a local enforcement agency determines that a condition
at a location or premises, or the activity of any person at the
location or premises, is creating or has created a lead hazard at the
location or premises, the department or the local enforcement agency
may order the owner of the location or premises to abate or
otherwise correct, at the option of the owner, the lead hazard, and
may order the person whose activity is creating or has created the
lead hazard, to cease and desist and shall give that owner or person
a reasonable opportunity to correct.
(d) It is unlawful for any person to refuse or disobey any order
issued pursuant to subdivision (c).
(e) A violation of subdivision (d) shall be punishable by a fine
not to exceed one thousand dollars ($1,000). Any penalties under this
section shall be in addition to any other penalty or remedy provided
by law.
105256. (a) Notwithstanding any other provision of law, whenever
the department or a local enforcement agency determines that a
condition at a location or premises, or the activity of any person at
the location or premises, is creating or has created a lead hazard
at the location or premises, the department or the local enforcement
agency may order the owner of the location or premises to abate the
lead hazard, and may order the person whose activity is creating or
has created the lead hazard, to cease and desist.
(b) It is unlawful for any person to refuse to obey any order
issued pursuant to this section.
(c) A violation of subdivision (b) shall be an infraction
punishable by a fine not to exceed one thousand dollars ($1,000).
(d) A second or subsequent violation of subdivision (b) shall be a
misdemeanor punishable by a fine not to exceed five thousand dollars
($5,000) or by imprisonment for not more than six months in the
county jail or by both that fine and imprisonment.
(e) Any penalties under this section shall be in addition to any
other penalty or remedy provided by law.
105257. Notwithstanding subdivision (f) of Section 1464 of the
Penal Code, any state penalties paid for the violation of this
chapter shall be deposited into the General Fund.
