Title 20 — Public Health and Welfare

The purpose of this subchapter is to protect the public health and safety and the environment and to qualify the Division of Environmental Quality to adopt, administer, and enforce a program for licensing training providers involved with the training of regulated asbestos profess…

(a) Any person who violates any provision of this subchapter or commits any unlawful act thereunder or who violates any rule or order of the Arkansas Pollution Control and Ecology Commission shall be subject to the penalty provisions provided in § 8-4-103. (b) All moneys collecte…

(1) As used in this subchapter:(1) “Air monitor” means any person who collects airborne samples for analysis of asbestos fibers;(2) “Asbestos abatement consultant” means any person or other legal entity, however organized, that acts as an agent for the owner or operator in perfor…

(1) The Division of Environmental Quality shall be charged with the responsibility of administering and enforcing this subchapter and is given and charged with the following powers and duties:(1) To require and regulate training and examinations for all disciplines certified by t…

The procedures of the Division of Environmental Quality and the Arkansas Pollution Control and Ecology Commission for issuance of rules, conduct of hearings, notice, power of subpoena, review of action on licenses, right of appeal, presumptions, finality of actions, and related m…

(a) Any asbestos abatement consultant or asbestos abatement contractor shall obtain a license under this section from the Division of Environmental Quality before actively engaging in any asbestos demolition, renovation, or asbestos response action, and any training provider shal…

(1) It shall be unlawful for any person:(1) To conduct:(A) Asbestos response actions, demolitions, or renovations without having first obtained a license from the Division of Environmental Quality when acting as an asbestos abatement consultant or as an asbestos abatement contrac…

(a) There is created within the Division of Environmental Quality the Asbestos Abatement Grant Program, which shall be used to provide financial assistance to an eligible city or county to be used exclusively for the purpose of one (1) or more stabilization and abatement activiti…

(a) (1) A city or county with a population of less than fifty thousand (50,000) according to the most recent federal decennial census may apply to the Division of Environmental Quality for grant funds to be used under this subchapter.(2) Grant funds approved for use by a county s…

(1) The grant funds approved under § 20-27-1009 may be used for the following:(1) The cost of activities undertaken in an approved grant application by a city or county in the normal course and customary practice of a stabilization and abatement activity for an eligible structure…

(a) Within thirty (30) days of receiving grant funds under this subchapter, a city or county shall provide a report to the Division of Environmental Quality that includes the following:(1) The manner in which the grant funds were expended by the city or county;(2) The results pro…

The Arkansas Pollution Control and Ecology Commission shall promulgate rules to implement this subchapter.

Any person who knowingly violates any provision of this subchapter or any rule or order adopted pursuant to this subchapter shall be guilty of a Class B misdemeanor.

(a) The Secretary of the Department of Labor and Licensing or his or her designee shall promulgate rules to establish minimum standards for the qualifications of those individuals performing blasting in Arkansas. (b) The secretary or his or her designee shall implement, enforce, …

(1) This subchapter shall not apply to the following:(1) Blasting conducted at a surface coal mine regulated by the Division of Environmental Quality pursuant to the Arkansas Surface Coal Mining and Reclamation Act of 1979, § 15-58-101 et seq.; and(2) Blasting conducted during se…

(a) As used in this section:(1) [Repealed.](2) “Mobile home” means a transportable, single-family dwelling unit suitable for year-round occupancy and containing the same water supply, waste disposal, and electrical conveniences as immobile housing; and(3) “Travel trailer” means a…

This subchapter may be called the “Arkansas Quarry and Open Pit Mine Blasting Control Act”.

(1) As used in this subchapter:(1) “Blasting” means the use of explosives or a blasting agent;(2) “Blasting agent” means any material or mixture, consisting of fuel and oxidizer, that is intended for blasting if the finished product, as mixed for use or shipment, cannot be detona…

(a) Blasting shall be conducted to prevent injury to persons, damage to public or private property, adverse impact on any underground mine, and change in the course, channel, or availability of surface or ground water outside the mine's perimeter. (b) (1) In blasting operations, …

(a) (1) Any owner or operator and contractor conducting blasting operations in this state on July 1, 1995, shall notify the Secretary of the Department of Labor and Licensing or his or her designee of each site or location on which blasting operations are conducted.(2) Such notic…

(a) (1) The owner or operator shall retain a record of all blasts for at least three (3) years.(2) Upon request, copies of these records shall be made available to the Division of Labor for inspection.(3) The records shall contain the following data:(A) The name of the operator o…

(a) All owners, operators, and contractors covered by this subchapter shall maintain a policy of insurance issued by an insurance company authorized to do business in Arkansas and insuring the owner, operator, or contractor against liability for personal injury or property damage…

(a) This subchapter shall not apply to any mine in existence or operation on July 1, 1995, unless the mine or quarry site has been the subject of a criminal or civil proceeding resulting from its blasting operations within the three-year period before January 1, 1995. (b) Notwith…

(a) In addition to other powers and authority provided by law, the Secretary of the Department of Labor and Licensing or his or her authorized representative shall have the following authority:(1) To promulgate rules for the administration and enforcement of this subchapter after…

(a) All hearings conducted by the Secretary of the Department of Labor and Licensing or his or her designee and all orders, notices, and assessments shall conform to the requirements of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (b) Service of any notice, orde…

(a) The Secretary of the Department of Labor and Licensing or his or her designee shall consult the State Fire Marshal regarding the adoption of any rules. (b) The Division of Labor and the State Fire Marshal shall cooperate and coordinate their activities in order to avoid dupli…

(a) All existing rules of any other state agency relating to subjects embraced within this subchapter shall remain in full force and effect unless expressly repealed, amended, or superseded by the state agency affected. (b) All orders entered, permits granted, and pending legal p…

(a) Except as provided in subsection (b) of this section, any person who violates any provision of this subchapter or who violates any rule or order issued under this subchapter shall be guilty of a Class A misdemeanor. (b) (1) It shall be unlawful for a person to:(A) Violate any…

(a) (1) Any person who violates any provision of this subchapter or who violates any rule or order issued under this subchapter may be assessed an administrative civil penalty by the Secretary of the Department of Labor and Licensing or his or her designee in an amount not to exc…

(1) In addition to the civil penalty provided in § 20-27-1313, the Secretary of the Department of Labor and Licensing or his or her designee may petition any court of competent jurisdiction without paying costs or giving bond for costs to:(1) (A) Enjoin or restrain any violation …

Any person adversely affected by a violation of this subchapter or any rules or orders issued pursuant to this subchapter shall have a private right of action for relief against the violator.

The owner or operator of any quarry or open pit mine where a blast is conducted and any contractor conducting the blast shall be jointly and severally liable for violations of this subchapter and any rules issued under this subchapter.

In addition to all other remedies provided by this subchapter, the Attorney General and the prosecuting attorney of a county may apply to the circuit court or the judge in vacation of the county where the quarry or open pit mine is located for an injunction to restrain, prevent, …

Chlorinated polyvinyl chloride SDR11 pipe and fittings may hereafter be used in the above-concrete installation of potable hot and cold water distribution systems in residential structures containing no more than four (4) living units.

This subchapter shall be known as the “Children's Product Safety Act of Arkansas”.

(1) As used in this subchapter:(1) (A) “Children's product” means a product, including, but not limited to, a full-size crib, non-full-size crib, toddler bed, bed, car seat, chair, high chair, booster chair, hook-on chair, bath seat, gate, or other enclosure for confining a child…

(a) No commercial user shall remanufacture, retrofit, sell, contract to sell or resell, lease, sublet, or otherwise place in the stream of commerce a children's product that is unsafe. (b) A children's product is unsafe for purposes of this subchapter if it meets any of the follo…

(a) Any act or practice which is a violation of this subchapter shall constitute an unfair and deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq. (b) All remedies, penalties, and authority granted to the Attorney General under the Decept…

(a) (1) A childcare facility may not use or have on the premises an unsafe children's product as described in this subchapter.(2) This subsection does not apply to an antique or collectible children's product if it is not used by or accessible to any child in the childcare facili…

The Department of Human Services may revoke or refuse to renew the license of any childcare facility or refuse to issue a full license to the permit holder if the licensee or permit holder fails to comply with § 20-27-1605(d) and (e).

(a) The General Assembly finds that:(1) The unexpected death of infants and children is an important public health concern;(2) The collection of data on the causes of unexpected deaths will enable the State of Arkansas to protect some infants and children from preventable deaths …

(1) As used in this subchapter:(1) “Child” means a person under eighteen (18) years of age; and(2) “Unexpected death” means:(A) A death involving a child who has not been in the care of a licensed physician for treatment of an illness that is the cause of death;(B) A clinical dia…

(a) The Arkansas Child Death Review Panel is created within the Arkansas Child Abuse/Rape/Domestic Violence Commission. (b) The Arkansas Child Death Review Panel shall consist of the following members:(1) A representative from the State Medical Examiner's office;(2) A coroner who…

(1) The Arkansas Child Death Review Panel may:(1) Establish local and regional review panels and delegate some or all of its responsibilities under this subchapter;(2) Analyze data available from state agencies or other agencies that may decrease unexpected deaths of children;(3)…

(a) (1) A copy of a child death investigation report required under this subchapter, including information from law enforcement agencies, coroners, fire departments, or medical providers, or any other information relative to the death investigation shall be provided to the Arkans…

(a) (1) All records, reports, and other information obtained by the Arkansas Child Death Review Panel or local or regional review panel and the result of any child death investigation report shall be confidential.(2) The records, reports, and other information obtained by the Ark…

(a) (1) The Arkansas Child Death Review Panel shall report on or before December 31 of each year to the Legislative Council the number and causes of unexpected deaths of children.(2) The Legislative Council shall forward the report to the Senate Committee on Children and Youth an…

This subchapter shall be known as the “Arkansas Clean Indoor Air Act of 2006”.

(a) Information available to the General Assembly based upon scientific research data has shown that nonsmokers often receive damage to their health from the smoking of tobacco by others. (b) Direct smoking of tobacco and indirect smoking of tobacco through inhaling the smoke of …

(1) As used in this subchapter:(1) “Bar” means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including, but not limited to…