Child-occupied facility

C.ER. 745.82(c). The regulations also require a statement that the owner is not the informal caretaker of a child under six who sleeps at the residence most nights. However, this would be a subcategory of child-occupied facilities. 

Similar requirements govern notifications in child-occupied facilities. ... 

Lead-based paint activities are defined as inspection, risk assessment or abatement in target housing or child-occupied facilities. Inspection is defined in turn as a surface-by-surface investigation to determine the presence of lead-based paint and the provision of a report explaining the results of the investigation risk assessment is defined as an on-site investigation... 

In enforcement proceedings, and when the enforcement agency seeks a subpoena, the regulations state that there is a presumption that all renovations in target housing and child-occupied facilities have lead paint presentd ... 

A fifth area of collaboration involves EPA regulations recently promulgated for renovation and remodeling activities for owner-occupied housing or child-occupied facilities (COFs) (e.g., day-care facilities) and HUD participation via renovation and remodeling regulation for Federally owned or assisted housing. This Renovation, Repair Lead Paint Rule for owner-occupied residences and COFs was recentiy issued and is discussed below. 

Type of Building Single Family Dwelling Q Multi-Family Dwelling Child-Occupied Facility... 

Under this rule, a child-occupied facility is a building, or a portion of a building, constructed prior to 1978, visited regularly by the same child, under 6 years of age, on at least 2 different days within any week (Sunday through Saturday period), provided that each day s visit lasts at least 3 hours and the combined weekly visits last at least 6 hours, and the combined annual visits last at least 60 hours. Child-occupied facilities may be located in public or commercial buildings or in target housing. 

EPA establishes dangerous levels of lead in paint, dust, and soil. These hazard standards define lead-based paint hazards in target housing and child-occupied facilities as paint-lead, dust-lead, and soil-lead hazards. A paint-lead hazard is defined as any damaged or deteriorated lead-based paint, any chewable lead-based painted surface with evidence of teeth marks, or any lead-based paint on a friction surface if lead dust levels underneath the friction surface exceed the dust-lead hazard standards. 

Certify in writing that the pamphlet has been delivered to the COF and the firm has been unsuccessful in attempting to obtain the signature of an adult representative of the child-occupied facility this certification must contain the reason for the failure to obtain the signature... 

EPA received three comments on this aspect of the 2007 Supplemental Proposal. One commenter expressed support for this proposed requirement. The other two provided a number of reasons why the final rule should not include such a requirement. These commenters noted that renovation firms have no contractual connection with or contractual responsibility to the parents or guardians of children using a COE. They believe that the child-occupied facility owner bears primary responsibility for maintaining a safe environment for children. 

Requiring prior notifications only for renovations in housing where a child under age 6 resides and in child-occupied facilities would not significantly reduce the notifications that would be required. EPA determined that a prior notification requirement tied to project size would not be feasible or effective, because the hazard potential from a renovation job is a combination of the size of the project and the activity being performed. 

Types of facilities. This rule applies to an estimated 37.8 million pre-1978 facilities. Of these, approximately 37.7 million facilities are located in target housing, either in rental housing, owner-occupied housing where a child under age 6 resides, or owner-occupied housing where no child under age 6 resides but that otherwise meets the definition of a child-occupied facility. Approximately 100,000 facilities are COFs in pre-1978 public or commercial buildings. 

Costs. The Economic Analysis estimates the costs of complying with the rule. Costs may be incurred by contractors who perform renovation, repair, and painting work for compensation landlords who use their own staff to perform renovation, repair, and painting work in leased buildings and child-occupied facilities that use their own staff to perform renovation, repair, and painting work. 

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