(1) The legislature finds that
lead hazards associated with lead-based paint represent a
significant and preventable environmental health problem.
Lead-based paint is the most widespread of the various sources of
lead exposure to the public. Census data show that one million
five hundred sixty thousand homes in Washington state were built
prior to 1978 when the sale of residential lead-based paint was
banned. These are homes that are believed to contain some
lead-based paint.
Lead negatively affects every system of the body. It is
harmful to individuals of all ages and is especially harmful to
children, fetuses, and adults of childbearing age. The effects
of lead on a child's cognitive, behavioral, and developmental
abilities may necessitate large expenditures of public funds for
health care and special education. The irreversible damage to
children and subsequent expenditures could be avoided if exposure
to lead is reduced.
(2) The federal government regulates lead poisoning and lead
hazard reduction through:
(a)(i) The lead-based paint poisoning prevention act;
(ii) The lead contamination control act;
(iii) The safe drinking water act;
(iv) The resource conservation and recovery act of 1976; and
(v) The residential lead-based paint hazard reduction act of
1992; and
(b) Implementing regulations of:
(i) The environmental protection agency;
(ii) The department of housing and urban development;
(iii) The occupational safety and health administration; and
(iv) The centers for disease control and prevention.
(3) In 1992, congress passed the federal residential
lead-based paint hazard reduction act, which allows states to
provide for the accreditation of lead-based paint activities
programs, the certification of persons completing such training
programs, and the licensing of lead-based paint activities
contractors under standards developed by the United States
environmental protection agency.
(4) The legislature recognizes the state's need to protect
the public from exposure to lead hazards. A qualified and
properly trained workforce is needed to assist in the prevention,
detection, reduction, and elimination of hazards associated with
lead-based paint. The purpose of training workers, supervisors,
inspectors, risk assessors, project designers, renovators, and
dust sampling technicians engaged in lead-based paint activities
is to protect building occupants, particularly children ages six
years and younger from potential lead-based paint hazards and
exposures both during and after lead-based paint activities.
Qualified and properly trained individuals and firms will help to
ensure lead-based paint activities are conducted in a way that
protects the health of the citizens of Washington state and
safeguards the environment. The state lead-based paint
activities program requires that all lead-based paint activities
be performed by certified personnel trained by an accredited
program, and that all lead-based paint activities meet minimum
work practice standards established by the department of
commerce. Therefore, the lead-based paint activities
accreditation, training, and certification program shall be
established in accordance with this chapter. The lead-based
paint activities accreditation, training, and certification
program shall be administered by the department of commerce and
shall be used as a means to assure the protection of the general
public from exposure to lead hazards.
(5) For the welfare of the people of the state of
Washington, this chapter establishes a lead-based paint
activities program within the department of commerce to protect
the general public from exposure to lead hazards and to ensure
the availability of a trained and qualified workforce to identify
and address lead-based paint hazards. The legislature recognizes
the department of commerce is not a regulatory agency and may
delegate enforcement responsibilities under chapter 322, Laws of
2003 to local governments or private entities.
[2010 c 158 § 1; 2003 c 322 § 1.]