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Childhood lead poisoning prevention branch

Lead Hazard Reduction Activities: Abatement Notification Requirements Frequently Asked Questions (FAQā€‹)

Background

This web page provides answers to some frequently asked questions about the notification requirements. This page is provided for informational and educational purposes only. This page is not intended as and does not constitute legal advice or opinion. Please consult an attorney if you would like a legal interpretation of Title 17 regulations as they apply to your situation.

Title 17, California Code of Regulations, Section 35001 et seq. (hereafter Title 17) requires under section 36100 that (c) Prior to conducting abatement, the individual conducting abatement shall provide notification by completing an Abatement of Lead Hazards Notification, CDPH Form 8551 (6/07), form and:

(1) Posting at all entrances to the work area a copy of the completed form which shall not be removed until abatement has been completed and, for abatement conducted pursuant to subsection (a), a clearance inspection has been completed; and

(2) Delivering a copy of the completed form to the Department. Except for abatement conducted in response to an identified case of lead poisoning as defined in section 105280(b) of the Health and Safety Code, the completed form shall be delivered to the Department at least five days prior to conducting abatement.

Abatement is defined in Title 17 as follows:

Ā§35001. Abatement.

ā€œAbatement" means any set of measures designed to reduce or eliminate lead hazards or lead-based paint for public and residential buildings, but does not include containment or cleaning.

Section 1:

1. Under Section 1 is it necessary to enter the county information?

Yes, please provide all the information, under Section 1, regarding the structure where abatement work is scheduled to be conducted.

2. What does the checkbox ā€œOther" stand for under Section 1?

The checkbox ā€œOther" under Section 1 is provided to enter information about all the other structures that might be residential or accessible to the public but are not single family dwellings, multi-family buildings, schools, daycares, or other child-occupied facilities. Please specify the type of structure, when you check the box, in the space provided.

Section 2:

3. What should I do if there is not enough space under Section 2 to enter all the information regarding the abatement work and the work locations?

Please enter as many details as you can in the space provided. Importance should be given to major abatement work and their respective locations. Please do not use or submit altered forms.

4. If children are present in the structure only for a limited period of time, do I still need to check the box ā€œYes" under Section 2?

Yes, you need to check the box ā€œYes" even if children are present for a short period of time and do not necessarily live in that structure full time.

Section 3:

5. What do I do under the following scenarios?

     a) If I made a mistake on my original CDPH Form 8551 that I submitted to CDPH. 

     b) If there has been a change in the lead abatement project dates or the project has been cancelled.

You need to submit a revised version of the CDPH Form 8551. To do so, you need to enter all the correct information and check the appropriate box at the bottom of the form on the right most corner. Also, please enter the date the initial (original) CDPH Form 8551 was submitted to CDPH.

Section 4:

6. Under Section 4 is it necessary to list specific times and/or dates residents are not allowed to enter work areas, when I have verbally communicated with them?

Yes, you need to notify residents of the dwelling and adjacent dwellings in writing of the work and the date when it will begin. Clear and documented communication with residents about the many details of relocation will facilitate a smoothly operating program and decrease liability issues.

Section 5:ā€‹

7. What do I enter, under Section 5, if I do not have the address and/or the telephone number of the property owner?

If you do not have the address and/or the telephone number of the property owner, please enter the property manager's address and telephone number in the space provided under Section 5. Identify the person's relationship to the property if the person is not the owner or manager. If you have trouble locating the property owner's name you can contact the county assessor's office for this information.

8. I have made a custom designed Form 8551 to create some extra space for my company's information.  Is it alright for me to do so?

No, it is important that you use the CDPH Form 8551 as created by CDPH.  Usage and submission of altered forms is not allowed.

Section 6:

9. I am conducting a temporary abatement on a property; do I still need to enter information under Section 6?

Yes. Although temporary abatements designed to last less than twenty years do not require a CDPH certified individual to conduct abatement, Title 17 requires that the individual conducting the abatement submit a CDPH Form 8551.

10. I am a home owner conducting abatement on the property that I own and I am not certified by CDPH. What should I enter under CDPH Certification number in Section 6?

If you are a home owner performing abatement work on your own property and you are not CDPH certified, then leave the space blank under CDPH certification number. However, Sections 5 and 6 should have the same name and contact information. Also, please be aware that you must follow lead safe work practices when working with lead.

Section 7:

11. How do I find out the contact information of the local environmental health agency for Section 7?

The easiest way is to look up the county or city environmental health department website and use the general information number that is listed there.

Additional Questions:

12. Do we have to post the CDPH Form 8551 at the entrance of the structure even if we are performing abatement work only in the interior part of it?

You need to post the CDPH Form 8551 at all entrances to the work area which will likely include an entrance to the structure regardless of whether abatement work is being performed in the interior or exterior.

13. Will Title 17 regulations apply if I am conducting lead abatement work in a section of a public building that is not generally accessible to the public or in restricted areas and/or rooms?

Since the lead abatement is located in a structure or section of a structure that is not generally accessible to the public, the requirements for lead abatement, as defined in state Title 17 regulations governing lead-based paint activities may not be applicable in this situation.  However, state law prohibits individuals from creating lead hazards (California Health and Safety Code section 105256).  Avoid penalties and costly stop-work orders by using containment whenever disturbing presumed lead-based paint.

14. I have a lead abatement project that is located in an industrial building.  Are there certain areas that would be covered under Title 17 because they are considered accessible to the public?

If the lead abatement is located in an area in which the public has access, such as lobbies, hallways, bathrooms, stairwells, etc., then proceed with the project in accordance with Title 17.  If the building has restricted access into the lead abatement areas, then proceed with the project using lead-safe work practices and without creating lead hazards if disturbing lead or presumed lead-based paint. See definitions of ā€œindustrial building" and ā€œpublic building" in Title 17, sections 35027 and 35045.

15. If I am demolishing a public or residential building down to grade level, does Title 17 apply?

First, consider the intent of the project.  If the intent is for lead abatement, then proceed in accordance with Title 17.  If the intent is for demolition, there may be an abatement component which would include a lead hazard evaluation being conducted resulting in the removal of lead-based components prior to demolition, then proceed in accordance with Title 17.  If the intent is for demolition and no efforts are made to remove lead-based components, then proceed with demolition using lead-safe work practices and without creating lead hazards (use containment wet methods  and other dust reducing methods to avoid creating lead dust) if disturbing lead or presumed lead-based paint. Please note that Title 17 section 35040 includes demolition in the definition of ā€œLead-Related Construction Work."

16. If I am demolishing or removing non-building structures located in areas accessible to the public such as flagpoles, canopies, carnival rides, etc., does Title 17 apply?

If the intent is for lead abatement, then proceed in accordance with Title 17.  If the intent is not for lead abatement, then proceed with demolition or removal using lead-safe work practices and without creating lead hazards (use containment and wet methods to avoid creating lead dust) if disturbing lead or presumed lead-based paint. Please note that Title 17 section 35040 includes demolition in the definition of ā€œLead-Related Construction Work."  Also note that the Title 17 definitions of public and residential buildings include structures, or parts of structures, and their land (Title 17 sections 35045 and 35046).

17. How would Title 17 apply if I were to conduct lead-related construction  work on public or private gun ranges and federally-owned land and/or properties?

If the lead-related construction is located in an area in which the public has access, then proceed with the project in accordance with Title 17.  If the building has restricted access into the lead-related construction work area, then proceed with the project using lead-safe work practices and without creating lead hazards if disturbing lead or presumed lead-based components. Please note that the federal Toxic Substances Control Act section 408 (U.S. Code, Title 15, section 2688) waives immunity and requires federally owned properties or facilities to comply with state and local requirements regarding lead, such as California's Title 17.

18. Sometimes I am required to remove specific areas of lead-based paint on steel structures within public buildings to allow my employees to weld.  Would Title 17 still apply?

Since the lead abatement is being conducted to remove lead-based paint prior to welding, proceed in accordance with Cal/OSHA Construction Safety Orders for Lead (Title 8, California Code of Regulations, section 1532.1, hereafter Title 8).  If the lead abatement is located in a structure that is accessible to the public, the requirements for lead abatement as defined in Title 17 would be applicable in this situation as well as Title 8.  If the lead abatement is located in a structure that is not accessible to the public, then the abatement requirements in Title 17 may not be applicable.  However, Title 8 would still be applicable using lead-safe work practices and without creating lead hazards if disturbing lead or presumed lead-based paint.

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