ORS 431A.355 Power of Oregon Health Authority to regulate lead-based paint activities and renovation; fees

The Oregon Health Authority shall:

Certify firms and individuals to perform lead-based paint activities;

Certify firms to perform renovation;

Accredit training providers to provide lead-based paint activities and renovation training;

Develop and approve training programs for lead-based paint activities and renovation;

Establish standards based on best practices for the conduct of lead-based paint inspections, risk assessment and hazard control or abatement services, renovation activities that disturb lead-based paint and the disposal of lead-based paint that are in addition to, not inconsistent with and not in lieu of any other workplace standards required by law;

Develop and conduct programs to screen blood lead levels, identify hazards and educate the public, including but not limited to parents, residential dwelling owners, pediatric medical providers and child care facility operators, about the dangers of lead-based paint and about appropriate precautions that may reduce the probability of childhood lead poisoning;

Adopt rules necessary to implement the provisions of this section and ORS 431A.358 and 431A.363; and

Establish fees sufficient to recover the costs of implementing the provisions of this section and ORS 431A.358 and 431A.363, including but not limited to fees for:

Certification and recertification to perform lead-based paint activities and renovation; and

Accreditation and reaccreditation of lead-based paint training providers.

The authority may contract with a third party to obtain a lead-based paint risk assessment or to abate or control lead-based paint hazards that are identified by a risk assessment.

The authority may:

Enter private or public property at any reasonable time with consent of the owner or custodian of the property to inspect, investigate, evaluate or conduct tests or take specimens or samples for testing, as necessary to determine compliance with this section and ORS 431A.358;

Issue subpoenas to determine compliance with this section and ORS 431A.358;

Suspend, revoke or modify a certification to perform lead-based paint activities or renovation if the holder of the certification fails to comply with state or federal statutes or regulations related to lead-based paint; and

Suspend, revoke or modify a certified renovator’s certification if the renovator fails to comply with state or federal statutes or regulations related to lead-based paint.

A person for whom a third party performs lead-based paint activities or renovation, or who compensates a third party to perform lead-based paint activities or renovation, shall identify the third party to the authority upon request.