1997 Minnesota Statutes

     144.9505 Licensing of lead contractors and certification 
  of workers. 

    Subdivision 1.    Licensing and certification.  (a) Lead 
 contractors shall, before performing abatement or lead hazard 
 reduction, obtain a license from the commissioner.  Workers for 
 lead contractors shall obtain certification from the 
 commissioner.  The commissioner shall specify training and 
 testing requirements for licensure and certification as required 
 in section 144.9508 and shall charge a fee for the cost of 
 issuing a license or certificate and for training provided by 
 the commissioner.  Fees collected under this section shall be 
 set in amounts to be determined by the commissioner to cover but 
 not exceed the costs of adopting rules under section 144.9508, 
 the costs of licensure, certification, and training, and the 
 costs of enforcing licenses and certificates under this 
 section.  All fees received shall be paid into the state 
 treasury and credited to the lead abatement licensing and 
 certification account and are appropriated to the commissioner 
 to cover costs incurred under this section and section 144.9508. 

    (b) Contractors shall not advertise or otherwise present 
 themselves as lead contractors unless they have lead contractor 
 licenses issued by the department of health. 

    Subd. 2.    Lead training.  Lead abatement and lead 
 hazard reduction training must include a hands-on component and 
 instruction on the health effects of lead exposure, the use of 
 personal protective equipment, workplace hazards and safety 
 problems, lead abatement and lead hazard reduction methods, 
 lead-safe directives, decontamination procedures, cleanup and 
 waste disposal procedures, lead monitoring and testing methods, 
 swab team services, and legal rights and responsibilities. 

    Subd. 3.    Licensed building contractor; information.  
 The commissioner shall provide health and safety information on 
 lead abatement and lead hazard reduction to all residential 
 building contractors licensed under section 326.84.  The 
 information must include the lead-safe directives and any other 
 materials describing ways to protect the health and safety of 
 both workers and residents. 

    Subd. 4.    Notice of lead abatement or lead hazard 
 reduction work.  (a) At least five working days before 
 starting work at each lead abatement or lead hazard reduction 
 worksite, the person performing the lead abatement or lead 
 hazard reduction work shall give written notice and an approved 
 work plan as required in this section to the commissioner and 
 the appropriate board of health.  Within the limits of 
 appropriations, the commissioner shall review plans and shall 
 approve or disapprove them as to compliance with the 
 requirements in subdivision 5. 

    (b) This provision does not apply to swab team workers 
 performing work under an order of an inspecting agency. 

    Subd. 5.    Abatement or lead hazard reduction plans.  
 (a) A lead contractor shall present a lead abatement or lead 
 hazard reduction work plan to the property owner with each bid 
 or estimate for lead abatement or lead hazard reduction work.  
 The plan does not replace or supersede more stringent 
 contractual agreements.  A written lead abatement or lead hazard 
 reduction plan must be prepared which describes the equipment 
 and procedures to be used throughout the lead abatement or lead 
 hazard reduction work project.  At a minimum, the plan must 
 describe: 

    (1) the building area and building components to be worked 
 on; 

    (2) the amount of lead-containing material to be removed, 
 encapsulated, or enclosed; 

    (3) the schedule to be followed for each work stage; 

    (4) the workers' personal protection equipment and 
 clothing; 

    (5) the dust suppression and debris containment methods; 

    (6) the lead abatement or lead hazard reduction methods to 
 be used on each building component; 

    (7) cleaning methods; 

    (8) temporary, on-site waste storage, if any; and 

    (9) the methods for transporting waste material and its 
 destination. 

    (b) A lead contractor shall itemize the costs for each item 
 listed in paragraph (a) and for any other expenses associated 
 with the lead abatement or lead hazard reduction work and shall 
 present these costs to the property owner with any bid or 
 estimate for lead abatement or lead hazard reduction work. 

    (c) A lead contractor shall keep a copy of the plan readily 
 available at the worksite for the duration of the project and 
 present it to the inspecting agency on demand. 

    (d) A lead contractor shall keep a copy of the plan on 
 record for one year after completion of the project and shall 
 present it to the inspecting agency on demand. 

    (e) This provision does not apply to swab team workers 
 performing work under an order of an inspecting agency or 
 providing services at no cost to a property owner with funding 
 under a state or federal grant. 

    HIST: 1995 c 213 art 1 s 7; 1996 c 451 art 4 s 20