WAC 365-230-220   Notice of abatement.  A certified firm shall notify the department of lead-based paint abatement activities as follows:

     (1) Except as provided in subsection (2) of this section, the department must be notified prior to conducting lead-based paint abatement activities. The original notice must be received by the department at least five business days before lead-based paint abatement activities begin.

     (2) Notice for abatement activities required in response to an elevated blood lead level (EBL) determination, or federal, state, tribal, or local emergency abatement order must be received by the department as early as possible before, but not later than the day lead-based paint abatement activities begin. Documentation showing evidence of an EBL determination or a copy of the federal/state/tribal/local emergency abatement order must be included in the notification to take advantage of this abbreviated notification period.

     (3) Updated notice of a new start date must be provided to the department for lead-based paint abatement activities that will begin on a date other than the date specified in the original notification notice, as follows:

     (a) For lead-based paint abatement activities beginning prior to the original start date, an updated notice must be received by the department at least five business days before the revised start date.

     (b) For lead-based paint abatement activities beginning after the original start date, an updated notice must be received by the department on or before the original start date.

     (4) The certified firm shall update the department of any change in location of lead-based paint abatement activities at least five business days prior to the project start date.

     (5) The certified firm shall also update the department regarding the cancellation of any lead-based paint abatement activities, or other significant changes including, but not limited to, when the square footage or acreage to be abated changes by at least twenty percent. This updated notice must be received by the department on or before the start date provided to the department, or if work has already begun, within twenty-four hours of the change.

     (6) The following shall be included in each notice:

     (a) Notification type (original, updated, cancellation).

     (b) Date when lead-based paint abatement activities will commence.

     (c) Date when lead-based paint abatement activities will end (approximation using best professional judgment).

     (d) Firm's name, the department certification number, address, phone number.

     (e) Type of building (e.g., single-family dwelling, multifamily dwelling, child-occupied facilities) on/in which abatement work will be performed.

     (f) Property name (if applicable).

     (g) Property address including apartment or unit number (if applicable) for abatement work.

     (h) Documentation showing evidence of an EBL determination or a copy of the federal/state/tribal/local emergency abatement order, if applicable.

     (i) Name and department certification number of the certified supervisor or project designer.

     (j) Approximate square footage/acreage to be abated.

     (k) Brief description of abatement activities to be performed.

     (l) Name, title, and signature of the representative of the certified firm who prepared the notification.

     (7) Notification shall be accomplished using one of the following methods: Written or electronic. Notification can be accomplished using either the sample form titled "Notice of Abatement" or similar form. All written notices shall be delivered by U.S. Postal Service, fax, commercial delivery service, or hand delivery. (Persons submitting notification by U.S. Postal Service are reminded that they should allow sufficient time for delivery to ensure that the department receives the notification by the required date.) Instructions and sample forms can be obtained from the department via phone 360-586-5323, or on the internet at http://www.commerce.gov/lead.

     (8) In the event of changes to the information provided in the original notification, lead-based paint abatement activities shall not begin on a date, or at a location, other than that specified in either an original or updated notice.

     (9) No firm or individual shall engage in lead-based paint abatement activities, as defined in WAC 365-230-200 prior to notifying the department of such activities according to requirements of this section. No lead-based paint abatement activities described in the notice of abatement may begin until the notice has been approved by the department.



[Statutory Authority: RCW 70.103.10 [70.103.010], 70.103.20 [70.103.020], 70.103.30 [70.103.030], 70.103.40 [70.103.040],70.103.50 [70.103.050], 70.10.80 [70.103.080], and 70.103.90 [70.103.090]. 11-07-067, § 365-230-220, filed 3/21/11, effective 4/21/11. Statutory Authority: Chapter 70.103 RCW. 07-07-044, § 365-230-220, filed 3/13/07, effective 4/13/07. Statutory Authority: RCW 70.103.0030(2) [70.103.030(2)],70.103.020 , 70.103.030, 70.103.040, 70.103.050, 70.103.060,70.103.070 , 70.103.080, 70.103.090. 04-10-037, § 365-230-220, filed 4/29/04, effective 5/30/04.]