Alabama Administrative Code

(1) Purpose. This Rule prescribes requirements for the issuance of licenses or registrations for the industrial use of sources of radiation and radiation safety requirements for persons using these sources of radiation in industrial radiography. (2) Scope. The provisions and requ…

(1) Scope. Rule 420-3-26-.03 establishes standards for use of x-rays in the healing arts including but not limited to medicine, dentistry, osteopathy, chiropractic, podiatry, and veterinary medicine or servicers of x-ray equipment. The provisions of this Rule are written in addit…

(1) Purpose and Scope. This rule establishes requirements and provisions for the production, preparation, compounding and use of radionuclides in the healing arts and for issuance of licenses authorizing these activities. These requirements and provisions provide for the radiatio…

(1) Purpose. This Rule, 420-3-26 -.08, provides for the registration of particle accelerators. (2) Scope. No person shall receive, possess, use, transfer, own, operate, or acquire a particle accelerator except as authorized in a Notice of Registration or as otherwise provided for…

(1) Purpose and Scope. This Rule 420-3-26-.10 establishes requirements for notices, instructions, and reports by licensees or registrants to individuals participating in registered or licenses activities and options available to such individuals in connection with Agency inspecti…

(1) Purpose and Scope. This Rule 420-3-26-.11 provides special requirements for analytical x-ray equipment; provided, however, that nothing in this Rule shall apply to x-ray equipment used to detect, measure, gauge or control the density, level, interface location, thickness of m…

(1) Purpose. This Rule establishes radiation safety requirements for persons using sources of radiation for wireline service operations including mineral logging, radioactive markers, uranium sinker bars, subsurface tracer studies, and fishing operations. The requirements of this…

(1) Purpose and Scope. This Rule establishes the administrative procedures for the Agency as the Radiation Control Agency and describes the organization, methods of conducting business, and interpretations as required by the Alabama Administrative Procedures Act. (2) Organization…

(1) Purpose and Scope. (a) This rule contains requirements for the use of sealed sources containing radioactive material in irradiators used to irradiate objects or materials using gamma radiation. This rule also contains radiation safety requirements for operating irradiators. T…

(1) Purpose. This rule has been established to provide the requirements for the physical protection program for any licensee that possesses an aggregated Category 1 or Category 2 quantity of radioactive material listed in Appendix A to this rule. These requirements provide reason…

(1) Purpose - This chapter establishes the procedures to be followed for certification of contractors or firms who perform lead hazard reduction activities in target housing and child-occupied facilities. This chapter also contains requirements that all persons engaged in lead ha…

(1) This chapter applies to target housing and child-occupied facilities as defined in 40 CFR 745.223, and as further defined by this chapter. (2) This chapter applies to all persons who are engaged in lead hazard reduction activities as defined in 40 CFR (Code of Federal Regulat…

(1) Abatement - any measure or set of measures designed to permanently eliminate lead-based paint hazards. Abatement includes, but is not limited to: (a) The removal of lead-based paint and lead- contaminated dust, the permanent enclosure or encapsulation of lead-based paint, the…

(1) Any firm which performs or offers to perform lead hazard reduction activities as described in 420-3-27-.10 must be certified by the Alabama Department of Public Health prior to performing or offering to perform such work including bidding for lead-based paint abatement projec…

(1) The Department may deny an application for certification to any applicant who fails to meet the standards or who does not follow the procedures established by the regulations, including, but not limited to: (a) Failure to submit the required information, fee payment, and docu…

To maintain the validity of certification, a firm must be renewed annually. All certified firms shall renew their certification licenses before the effective date of November 1 of each year. The certification and renewal fees for the Lead Certification Branch are listed in Rule 4…

The Department, after providing a written notice to the violator may suspend, revoke, or modify a firm's certification if a firm has: (1) Performed work requiring certification at a job site with individuals who are not accredited and registered by Safe State. (2) Failed to compl…

Contested case hearings shall be provided in accordance with the Alabama Administrative Procedure Act, § 41-22-1, et seq., Code of Ala. 1975, and the State Board of Health's Contested Case Hearing Rules, Chapter 420-1-3. Informal settlement conferences may be conducted as provide…

Any firm certified and licensed by another state or tribal program to perform lead hazard reduction activities may petition the Department on a form provided by the Department along with the application fee, to grant certification, provided that each employee involved in lead haz…

(1) All lead hazard reduction activities shall be performed pursuant to the work practice standards contained in this section. (2) When performing any lead hazard reduction activity, an accredited individual of a certified firm must perform that activity in compliance with the ap…

(1) Notification of the intent to perform lead inspections and risk assessments shall be made in writing on a form provided by the Department and must be received at least 3 working days prior to commencement of the inspection or risk assessment. Forms can be faxed or electronica…

(1) No firm or supervisor shall engage in a lead-based paint abatement project prior to notifying the Department of such activities and being issued a project permit. All applications shall be made in writing on a form provided by the Department, and must be received at least 15 …

Clearance procedures shall be conducted on all abatement projects by an accredited inspector or risk assessor of a certified firm after appropriate cleaning has been completed. (1) Independence/Conflict of Interest - Clearance testing shall be performed by accredited persons or e…

The administration and enforcement of these rules shall be in accordance with the Alabama Lead Reduction Act of 1997, Code of Ala. 1975, § 22-37A-1 et seq. Failure or refusal to comply with any requirement of these rules is a prohibited act under Sections 15 and 409 of TSCA (15 U…

All reports or plans required by Section 420-3-27-.10 for Inspections, Lead Hazard Screens, Risk Assessments, Abatement, and Post Abatement Clearance Tests shall be maintained by the certified person or firm who prepared the report for no fewer than 3 years. The certified person …

Notes Ala. Admin. Code r. 420-3-27-.16 New Rule: Filed July 20, 1998; effective August 24, 1998. Amended: Filed June 25, 2003; effective July 30, 2003. Repealed by Alabama Administrative Monthly Volume XL, Issue No. 03, December 30, 2021, eff. 2/13/2022. Authors: Phyllis Mardis, …

The purpose of this chapter is to establish procedures to be followed by enforcement personnel in investigating complaints of violations of the Alabama Clean Indoor Air Act and specifying procedures by which appeals may be taken by aggrieved parties. Author: Greg Locklier Notes A…

The State Board of Health is authorized to promulgate these rules under and by virtue of Code of Ala. 1975, § 22-2-2(6) and § 22-15A-8. Author: Greg Locklier Notes Ala. Admin. Code r. 420-3-28-.02 New: Filed September 21, 2005; effective October 26, 2005. Statutory Authority: Cod…

When used in this Chapter and for the purpose thereof, the following terms and words shall be construed and have the meaning assigned to them as follows: (a) Common Facility/Common Area- Means hallway, corridor, lobby, aisle, water fountain area, restroom, stairwell, service line…

(1) Pursuant to Code of Ala. 1975, § 22-15A-6(d), an owner, operator or person in charge of a restaurant may not designate a restaurant as a smoking facility unless all of the following criteria are satisfied: (a) The restaurant seats less than 50 people inside the facility; and …

(1) Each "Smoking Area" or "No Smoking" sign or symbol as referenced in Ala. Code § 22-15A-7 must have letters of reasonable size which can be easily read. (2) "No Smoking" signs shall be plainly visible and conspicuously placed in all common facilities or common areas of a publi…

(1) Complaints of a failure of a smoker to comply with the Act should be referred to the person in charge of the public place or appropriate law enforcement agency. (2) Complaints of a failure of a person in charge of a public place to require smokers to comply with the Act shoul…

Alleged violators of the Act may seek administrative review of the imposition of a civil penalty or any other adverse action by the Department pursuant to the authority of these rules and the Alabama Clean Indoor Air Act by filing a written appeal notice within fifteen (15) calen…

Nothing in these regulations prohibits any municipality from adopting and enforcing a law, ordinance or regulation which contains more stringent provisions than those in the Alabama Clean Indoor Air Act, Code of Ala. 1975, § 22-15A-1, et seq. Author: Greg Locklier Notes Ala. Admi…

(1) Purpose - This chapter establishes the procedures to be followed for certification of contractors or firms who perform renovation in target housing and child-occupied facilities. This chapter also contains requirements that all persons engaged in renovation are properly train…

(1) This chapter applies to target housing and child-occupied facilities as defined in 40 CFR § 745.223, and as further defined by this chapter except for the following: (a) Renovations in target housing or child-occupied facilities in which a written determination has been made …

(1) Abatement - any measure or set of measures designed to permanently eliminate lead-based paint hazards included in Ala. Admin. Code, Chapter 420-3-27. Abatement includes, but is not limited to: (a) The removal of lead-based paint and lead-contaminated dust, the permanent enclo…

(1) Renovations in dwelling units. No more than 60 days before beginning renovation activities in any residential dwelling unit of target housing, the firm performing the renovation must: (a) Provide the owner of the unit with the pamphlet and comply with one of the following: 1.…

(1) Any firm which performs or offers to perform renovation activities as described in Rule 420-3-29-.10 must be certified by the Department prior to performing or offering to perform such work including bidding for lead-based paint renovation projects. (2) A firm seeking renovat…

(1) The Department may deny an application for certification to any applicant who fails to meet the standards or who does not follow the procedures established by these rules, including, but not limited to:(a) Failure to submit the required information, fee payment, and documenta…

(1) A firm must renew its certification every year. All certified firms shall renew their certification licenses before the expiration date. Applications for renewal along with a non-refundable application fee of $300 for each discipline should be received by the Department no la…

(1) The Department, after providing a written notice to a firm in violation of these rules and providing the firm an opportunity to comply, may suspend, revoke, or modify a firm's certification if a firm has: (a) Performed work requiring certification at a job site with individua…

Any firm certified and licensed by EPA, another state or tribal program to perform renovation may petition the Department on an application form provided by the Department along with the appropriate application fee, to grant certification, provided that each employee involved in …

(1) Standards for renovation activities. Renovations must be performed by certified firms using accredited renovators as directed in Rule 420-3-29-.05. The responsibilities of certified firms are set forth in Rule 420-3-29-.05 and the responsibilities of accredited renovators are…

(1) All renovation activities shall be performed pursuant to the work practice standards contained in these rules. (2) When performing any renovation activity, an accredited individual of a certified firm must perform that activity in compliance with the appropriate documented me…

(1) No firm or renovator shall engage in a renovation project on target housing or a child occupied facility that is subject to Ala. Admin. Code, Chapter 420-3-27 prior to notifying the Department of such activities. All notifications shall be made in writing by mail, e-mail, or …

Clearance sample procedures shall be conducted on all applicable renovation projects by an accredited inspector or risk assessor of a certified firm after appropriate cleaning has been completed. (1) Independence/Conflict of Interest - Clearance testing shall be performed by accr…

The administration and enforcement of these rules shall be in accordance with the Alabama Lead Reduction Act of 1997. Failure or refusal to comply with any requirement of these rules is prohibited. (1) An owner or operator of an entity engaged in lead renovation activities who fa…

(1) Firms performing renovations must retain and, if requested, make available to the Department all records necessary to demonstrate compliance with these rules for a period of 3 years following completion of the renovation. This 3 year retention requirement does not supersede l…

Notes Ala. Admin. Code r. 420-3-29-.16 New Rule: Filed July 27, 2010; effective August 31, 2010. Repealed by Alabama Administrative Monthly Volume XL, Issue No. 04, January 31, 2022, eff. 3/17/2022. Authors: Salvador Gray, Charles Brookins, James Daughtry Statutory Authority: Cod…