OAR 333-067-0110: Required Remediation of Lead-Based Paint Hazards; Identification of a Third Party; Stop-Work Order

(1) The Authority may issue an order described in section (2) of this rule to: (a) A person who has violated ORS 431A.358 or a rule adopted under ORS 431A.355; or (b) A property owner, or agent of the property owner, who knowingly contracted with a person who was not certified under ORS 431A.355 to perform lead-based paint activities or renovation when certification was required under ORS 431A.358. (2) An order issued by the Authority under this rule may require the recipient of the order to, within the timeframe set in the order: (a) Obtain a risk assessment in accordance with ORS 431A.355, 431A.358, OAR chapter 333, division 69, and OAR 333-067-0105. (b) Abate or control any lead-based paint hazards identified by the risk assessment. (A) All lead-based paint abatement and hazard control services must be performed in accordance with ORS 431A.355 and 431A.358 and rules adopted under ORS 431A.355 and 431A.358. (B) All lead-based paint abatement or hazard control services performed under this rule must achieve clearance, as defined in OAR chapter 333, division 69, and meet the following requirements: (i) The clearance examination must be performed by a person who is independent of the property owner and any individual or firm that performed the work that violated ORS 431A.355, 431A.358, or rules adopted thereunder; (ii) The clearance examination must include composite soil sampling if soil abatement was performed; and (iii) The recipient of an order under subsection (2)(b) of this rule must send a copy of the clearance report to the Authority no more than 10 days after the clearance examination has been completed. (3) Upon issuance of the order described in section (2) of this rule, warning signs must be posted and remain posted at each entry to a work area; or, at each main and secondary entryway to the residence or child-occupied facility; or, for exterior work, where it is easily read 20 feet from the edge of the worksite. Signs may be removed when clearance is achieved as described in paragraph (2)(b)(B) of this rule or, if no lead-based paint hazards are identified in the assessment, upon submission of the assessment to the Authority. (4) If a person described in section (1) of this rule fails to comply with an order described in section (2) of this rule within the timeframe set in the order, the Authority may contract with a certified firm to obtain a lead-based paint risk assessment and abate or control any lead-based paint hazards that are identified by the risk assessment. (5) In addition to any civil penalty action, the Authority may impose on a person who fails to timely comply with an order described in section (2) of this rule, costs in an amount sufficient to cover any expenses incurred by the Authority in obtaining a risk assessment and abating or controlling any lead-based paint hazards that are identified by the risk assessment. (6) Upon request by the Authority, 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 any third party that performed lead-based paint activities or renovation. (7) A person who fails to identify a third party as described in section (6) of this rule is liable jointly and severally for any violations by the third party of ORS 431A.358 or a rule adopted under ORS 431A.355. (8) If the Authority has reason to believe that a person is engaging in an act or practice that violates ORS 431A.358 or a rule adopted under ORS 431A.355, the Authority may issue a stop work order requiring all lead-based paint activities or renovation to which the person is connected to stop immediately. (a) The stop work order shall be in writing and shall be served on the owner of the property, to the owner’s agent, or to the person doing, overseeing, or responsible for the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and may include conditions under which the cited work will be permitted to resume. (b) It is a violation of these rules to continue work in violation of a stop work order or to otherwise violate a stop work order. Any person who continues any work after a stop work order is served, except work performed in accordance with the conditions in the stop work order, shall be subject to penalties prescribed in these rules. (c) To request a hearing, a written request for a hearing on the propriety of the stop work order must be received by the Authority within 10 calendar days of the date on which the order was served. The Authority shall grant a hearing as soon as practicable after receipt of the hearing request and shall conduct the hearing as provided for contested cases under ORS chapter 183.