To: Flynn, Rachel
Cc: McElhaney, Lynette; Willis, Sherri, Public Health, OOD; Crosby, David, CDA; Kalb, Dan; Weintraub, Max; Schaaf, Libby; Hom, Donna; Taylor, Kevin; Morris, William@CSLB; helpline@arb.ca.gov; Luby, Oliver; Brady@cslb.ca.gov; ACRU@dir.ca.gov; eberg@dir.ca.gov; LETF@dir.ca.gov; SHSB@dir.ca.gov; Gallo, Noel; Brooks, Desley; Reid, Larry; Eric Rasmussen; Sam Levin; alan.wang@abc.com; Landreth, Sabrina; Low, Tim; Taylor, Marie (Allene); Labayog, Edward; Minor, Gregory
Subject: Oakland Ignores Lead Paint Laws
Title 17 - Lead-based Paint Work Practices in California:
It is illegal to have or create a lead hazard in California
Lead-based Paint Work Practices in California
(References: Title 17, CCR, Div 1, Ch 8, Accreditation, Certification and Work Practices for
Lead-Based Paint and Lead Hazards and SB 460, the Cal/OSHA Lead in Construction Standard)
CALIFORNIA
In every structure built prior to 1978:
- Assume untested paint is lead-tested
OR - Have paint tested by a State-Certified Lead Inspector/Risk Assessor
In every structure built prior to 1978, if any untested paint will be disturbed:
- Use containment
- Use Lead Safe Work Practices
- Be able to demonstrate compliance
For all construction employees who might be exposed to ANY amount of lead
- Employer tests air to determine level of worker protection
Until air tests are taken, workers must be in suits and respirators
- Hand washing facilities provided
- Use HEPA vacuum
For all employees doing a Trigger Task (sanding, scraping, demolition)
- Blood test when hired
- Regulated area at every job
- Trained about Lead in Construction Standard
- Cal/OSHA must be notified if job over 100 square or linear feet
FEDERAL
In Target Housing and Child-Occupied Facilities (if compensation & disturbing more than 6 square feet)
- Give client 'Renovate Right' before beginning job (get a signed receipt)
- Work for an EPA-certified RRP firm
- Become individually certified renovator
- Use containment,l lead safe work practices
- Train all non-certified workers (HSI)
- Do cleaning verification at end of job, or have clearance test
On Tue, Jul 14, 2015 at 11:18 AM, Flynn, Rachel <RFlynn@oaklandnet.com> wrote:
Tim, Marie, and Ed – Please see Councilmember McElhaney’s e-mail below. Can we start to impose fines for the reported violations, i.e., soil on the sidewalks, sidewalk obstructions (apparently without permits), and window frames removed that have lead paint. The reference to “lead abatement” in e-mails, I believe refers to lead paint being removed (scraped) from a painted object. If the entire object, i.e., a window, is being removed, then I believe that is permitted.
Please check on any applicable laws that might apply to the removal of an object covered in lead paint.
From: McElhaney, Lynette
Sent: Tuesday, July 14, 2015 8:44 AM
Cc: Flynn, Rachel; Willis, Sherri, Public Health, OOD; Crosby, David, CDA; Kalb, Dan; Weintraub, Max; Schaaf, Libby; Hom, Donna; Taylor, Kevin; Morris, William@CSLB; helpline@arb.ca.gov; Luby, Oliver; Brady@cslb.ca.gov; ACRU@dir.ca.gov; eberg@dir.ca.gov; LETF@dir.ca.gov; SHSB@dir.ca.gov; Gallo, Noel; Brooks, Desley; Reid, Larry; Eric Rasmussen; Sam Levin; alan.wang@abc.com; Landreth, Sabrina
Rachel,
Please provide a comprehensive assessment and response to the Council and the constituent. There is no mention of how the environmental harms are being addressed nor any mention of fines being imposed for work that initially began unpermitted. Although this is in District 1, we have found similar projects happening in District 3 where contractors are allowed to proceed without proper permit, without finaling demo permits, without obtaining obstruction permits, without testing and/or remediation of lead etc.
It appears that there is no penalty for not complying with applicable law and those who proceed are rewarded by getting staff's investment of time and expertise without penalty. We need to correct this.
It appears that there is no penalty for not complying with applicable law and those who proceed are rewarded by getting staff's investment of time and expertise without penalty. We need to correct this.
I have cc'd Sabrina to bring her into this chain. It is important to figure out how to address the concerns on this site as well as how to improve our ability to respond to future incidents.
Thanks much for your attention to this matter. Kind regards, Lynette
Sent by Council President Lynette Gibson McElhaney from my iPad. Please excuse any typos or errors.
Lead-Safe Housing and Lead Hazards
(California Civil Code 1941.1; California Health & Safety Code 17961, 17980, 124130, 17920.10, 105251 to 105257)
Deems a building to be in violation of the State Housing Law if it contains lead hazards, and requires local enforcement agencies to enforce provisions related to lead hazards.
Makes it a crime for a person to engage in specified acts related to lead hazard evaluation, abatement, and lead-related constructions courses, unless certified or accredited by the Department.
Permits local enforcement agencies to order the abatement of lead hazards or issue a cease and desist order in response to lead hazards.
Permits local enforcement agencies to order the abatement of lead hazards or issue a cease and desist order in response to lead hazards.
California
Health and Safety Code, and State Housing Law
State codes and laws now make existing lead hazards, or creating a lead hazard, a violation subject to fines and/or imprisonment. This means that pre-1978 homes should be maintained so that they are lead-safe, with the paint intact. It also means that if you are conducting activities that disturb painted surfaces on a pre-1978 building, you must take steps to contain the paint chips and dust. There are also some prohibited renovation activities. Alameda County Lead Poisoning Prevention Program offers classes in lead-safe work practices for property owners and contractors.
For more complete information on California lead laws and regulations:
http://www.cdph.ca.gov/programs/CLPPB/Pages/AboutCLPPB.aspx#CAstatutes
State codes and laws now make existing lead hazards, or creating a lead hazard, a violation subject to fines and/or imprisonment. This means that pre-1978 homes should be maintained so that they are lead-safe, with the paint intact. It also means that if you are conducting activities that disturb painted surfaces on a pre-1978 building, you must take steps to contain the paint chips and dust. There are also some prohibited renovation activities. Alameda County Lead Poisoning Prevention Program offers classes in lead-safe work practices for property owners and contractors.
For more complete information on California lead laws and regulations:
http://www.cdph.ca.gov/programs/CLPPB/Pages/AboutCLPPB.aspx#CAstatutes
Assembly
Bill 2861 (passed in 2006) increased the penalty for failing to cease an
activity that creates a lead hazard after receiving an order of violation by
establishing a fine of as much as $5,000 or six months in jail or both for the
second order of violation.
If
you are a:
|
This
regulation may apply to you:
|
Contractor
Painter Maintenance worker |
|
Owner Occupant Homeowner:
Conducting home improvements: |
|
Rental Property Owner:
Conducting repairs: Section 8 participant: |
California Lead Poisoning Prevention Regulations
Title
17
California Code of
Regulations, Title 17, Section 35001 et seq (PDF)
For
more information, see the Lead-Related
Construction pages.
Requirements for lead hazard evaluation and abatement activities, accreditation of training providers, and certification of individuals engaged in lead-based paint activities.
Requirements for lead hazard evaluation and abatement activities, accreditation of training providers, and certification of individuals engaged in lead-based paint activities.
Title 8
California Code of Regulations, Title 8,
Section 1532.1 et seq
Worker protection requirements for employees conducting lead-related construction activities.
Lead-Safe
Housing and Lead Hazards(California Civil Code 1941.1; California Health & Safety Code 17961, 17980, 124130, 17920.10, 105251 to 105257)
Deems a building to be in violation of the State Housing Law if it contains lead hazards, and requires local enforcement agencies to enforce provisions related to lead hazards. Makes it a crime for a person to engage in specified acts related to lead hazard evaluation, abatement, and lead-related constructions courses, unless certified or accredited by the Department. Permits local enforcement agencies to order the abatement of lead hazards or issue a cease and desist order in response to lead hazards.
Lead-Related Activities in Construction Work
(California Labor Code 6716 to 6717)
Provides for the establishment of standards that protect the health and safety of employees who engage in lead-related construction work, including construction, demolition, renovation and repair.
Deems a building to be in violation of the State Housing Law if it contains lead hazards, and requires local enforcement agencies to enforce provisions related to lead hazards. Makes it a crime for a person to engage in specified acts related to lead hazard evaluation, abatement, and lead-related constructions courses, unless certified or accredited by the Department. Permits local enforcement agencies to order the abatement of lead hazards or issue a cease and desist order in response to lead hazards.
Lead-Related Activities in Construction Work
(California Labor Code 6716 to 6717)
Provides for the establishment of standards that protect the health and safety of employees who engage in lead-related construction work, including construction, demolition, renovation and repair.
Lead
in Plumbing(California Health & Safety Code 116875 to 116880)Requires
the use of lead-free pipes and fixtures in any installation or repair of a
public water system or in a facility where water is provided for human
consumption.
Occupational
Lead Poisoning Prevention
(California Health & Safety Code 105185 to 105197) Establishes an occupational lead poisoning prevention program to register and monitor laboratory reports of adult lead toxicity cases, monitor reported cases of occupational lead poisoning to ascertain lead poisoning sources, conduct investigations of take-home exposure cases, train employees and health professionals regarding occupational lead poisoning prevention, and recommended means for lead poisoning prevention.
(California Health & Safety Code 105185 to 105197) Establishes an occupational lead poisoning prevention program to register and monitor laboratory reports of adult lead toxicity cases, monitor reported cases of occupational lead poisoning to ascertain lead poisoning sources, conduct investigations of take-home exposure cases, train employees and health professionals regarding occupational lead poisoning prevention, and recommended means for lead poisoning prevention.
