R307-842-2. Certification of Individuals and Firms Engaged in Lead-Based Paint Activities: Target Housing and Child-Occupied Facilities

  (1) Certification of individuals.

  (a) Individuals seeking certification by the director to engage in lead-based paint activities must either:

  (i) Submit to the director an application demonstrating that they meet the requirements established in paragraphs (2) or (3) of this section for the particular discipline for which certification is sought; or

  (ii) Submit to the director an application with a copy of a valid lead-based paint activities certification (or equivalent) from the EPA or a state or tribal program that has been authorized by EPA pursuant to subpart Q of 40 CFR 745; or

  (iii) For supervisor, inspector, and/or risk assessor certification, submit to the director an application with a copy of a valid lead-based paint training certificate from an EPA-accredited, or EPA-authorized state or tribal-accredited lead-specific training in the appropriate discipline and pass the certification exam in the appropriate discipline offered by the director.

  (b) Following the submission of an application demonstrating that all the requirements of this section have been met, the director shall certify an applicant as an inspector, risk assessor, supervisor, project designer, or abatement worker, as appropriate.

  (c) Upon receiving director certification, individuals conducting lead-based paint activities shall comply with the work practice standards for performing the appropriate lead-based paint activities as established in R307-842-3.

  (d) It shall be a violation of state administrative rules for an individual to conduct any of the lead-based paint activities described in R307-842-3 if that individual has not been certified by the director pursuant to this section to do so.

  (e) Individuals applying for certification must submit the appropriate fees in accordance with the current Department of Environmental Quality Fee Schedule.

  (2) Inspector, risk assessor or supervisor.

  (a) To become certified by the director as an inspector, risk assessor, or supervisor, pursuant to paragraph (1)(a)(i) of this section, an individual must:

  (i) Successfully complete an accredited initial training course in the appropriate discipline and receive a course completion certificate from an accredited training program;

  (ii) Pass the certification exam in the appropriate discipline offered by the director; and

  (iii) Meet or exceed the following experience and/or education requirements:

  (A) Inspectors. No additional experience and/or education requirements;

  (B) Risk assessors.

  (I) Successful completion of an accredited initial training course for inspectors; and

  (II) Bachelor's degree and 1 year of experience in a related field (e.g., lead, asbestos, environmental remediation work, or construction), or an Associates degree and 2 years experience in a related field (e.g., lead, asbestos, environmental remediation work, or construction); or

  (III) Certification as an industrial hygienist, professional engineer, registered architect and/or certification in a related engineering/health/environmental field (e.g., safety professional, environmental scientist); or

  (IV) A high school diploma (or equivalent), and at least 3 years of experience in a related field (e.g., lead, asbestos, environmental remediation work or construction);

  (C) Supervisor.

  (I) One year of experience as a certified lead-based paint abatement worker; or

  (II) At least 2 years of experience in a related field (e.g., lead, asbestos, or environmental remediation work) or in the building trades.

  (b) The following documents shall be recognized by the director as evidence of meeting the requirements listed in (2)(b)(iii) of this paragraph:

  (i) Official academic transcripts or diploma, as evidence of meeting the education requirements;

  (ii) Resumes, letters of reference, or documentation of work experience, as evidence of meeting the work experience requirements; and

  (iii) Course completion certificates from lead-specific or other related training courses, issued by accredited training programs, as evidence of meeting the training requirements.

  (c) In order to take the certification examination for a particular discipline an individual must:

  (i) Successfully complete an accredited initial training course in the appropriate discipline and receive a course completion certificate from an accredited training program; and

  (ii) Meet or exceed the education and/or experience requirements in paragraph (2)(a)(iii) of this section.

  (d) The initial training course completion certificate shall serve as interim certification for an individual until the next available opportunity to take the certification exam. Such interim certification shall expire 6 months after issuance.

  (e) After passing the appropriate certification exam and submitting an application demonstrating that he/she meets the appropriate training, education, and/or experience prerequisites described in paragraph (2)(a) of this section, an individual shall be issued a certificate by the director. To maintain certification, an individual must be re-certified as described in paragraph (4) of this section.

  (f) An individual may take the certification exam no more than three times within 6 months of receiving an initial training course completion certificate.

  (g) If an individual does not pass the certification exam and receive a certificate within 6 months of receiving his/her initial training course completion certificate, the individual must retake the appropriate initial training course from an accredited training program before reapplying for certification from the director.

  (3) Abatement worker and project designer.

  (a) To become certified by the director as an abatement worker or project designer, pursuant to paragraph (1)(a)(i) of this section, an individual must:

  (i) Successfully complete an accredited initial training course in the appropriate discipline and receive a course completion certificate from an accredited training program; and

  (ii) Meet or exceed the following additional experience and/or education requirements:

  (A) Abatement workers. No additional experience and/or education requirements; and

  (B) Project designers.

  (I) Successful completion of an accredited initial training course for supervisors;

  (II) Bachelor's degree in engineering, architecture, or a related profession, and 1 year of experience in building construction and design or a related field; or

  (III) Four years of experience in building construction and design or a related field.

  (b) The following documents shall be recognized by the director as evidence of meeting the requirements listed in this paragraph:

  (i) Official academic transcripts or diploma, as evidence of meeting the education requirements;

  (ii) Resumes, letters of reference, or documentation of work experience, as evidence of meeting the work experience requirements; and

  (iii) Course completion certificates from lead-specific or other related training courses, issued by accredited training programs, as evidence of meeting the training requirements.

  (c) The initial training course completion certificate shall serve as an interim certification until certification from the director is received, but shall be valid for no more than 6 months from the date of completion.

  (d) After successfully completing the appropriate initial training courses and meeting any other qualifications described in paragraph (3)(a) of this section, an individual shall be issued a certificate from the director. To maintain certification, an individual must be re-certified as described in paragraph (4) of this section.

  (4) Re-certification.

  (a) To maintain certification in a particular discipline, a certified individual shall apply to and be re-certified by the director in that discipline by the director either:

  (i) Every 3 years if the individual completed a training course with a course test and hands-on assessment; or

  (ii) Every 5 years if the individual completed a training course with a proficiency test.

  (b) An individual shall be re-certified if the individual successfully completes the appropriate accredited refresher training course and submits a valid copy of the appropriate refresher training course completion certificate. For the supervisor, inspector, or risk assessor disciplines, if more than 3 years but less than 4 years have passed since certification or re-certification for an individual that completed an initial or a refresher training course with a course test and hands-on assessment, or if more than 5 years but less than 6 years have passed since certification or re-certification for an individual that completed an initial or a refresher training course with a proficiency test, then the individual must also pass the certification exam in the appropriate discipline offered by the director. During the time period when the individual is not certified by the director, that individual cannot perform any regulated work activities that requires individual certification.

  (c) Individuals applying for re-certification must submit the appropriate fees in accordance with the current Department of Environmental Quality Fee Schedule.

  (5) Certification of firms.

  (a) All firms which perform or offer to perform any of the lead-based paint activities or renovations described in R307-842-3 shall be certified by the director.

  (b) A firm seeking certification shall submit to the director a letter attesting that the firm shall only employ appropriately certified employees to conduct lead-based paint activities, and that the firm and its employees shall follow the work practice standards in R307-842-3 for conducting lead-based paint activities.

  (c) From the date of receiving the firm's letter requesting certification, the director shall have 90 days to approve or disapprove the firm's request for certification. Within that time, the director shall respond with either a certificate of approval or a letter describing the reasons for disapproval.

  (d) The firm shall maintain all records pursuant to the requirements in R307-842-3.

  (e) Firms may apply to the director for certification to engage in lead-based paint activities pursuant to this section.

  (f) Firms applying for certification or re-certification must submit the appropriate fees in accordance with the current Department of Environmental Quality Fee Schedule.

  (6) Suspension, revocation, and modification of certifications of individuals engaged in lead-based paint activities.

  (a) The director may, after notice and opportunity for hearing, suspend, revoke, or modify an individual's certification if an individual has:

  (i) Obtained training documentation through fraudulent means;

  (ii) Gained admission to and completed an accredited training program through misrepresentation of admission requirements;

  (iii) Obtained certification through misrepresentation of certification requirements or related documents dealing with education, training, professional registration, or experience;

  (iv) Performed work requiring certification at a job site without having proof of certification;

  (v) Permitted the duplication or use of the individual's own certificate by another;

  (vi) Performed work for which certification is required, but for which appropriate certification has not been received;

  (vii) Failed to comply with the appropriate work practice standards for lead-based paint activities at R307-842-3; or

  (viii) Failed to comply with federal, state, or local lead-based paint statutes or regulations.

  (b) In addition to an administrative or judicial finding of violation, for purposes of this section only, execution of a consent agreement in settlement of an enforcement action constitutes evidence of a failure to comply with relevant statutes or regulations.

  (7) Suspension, revocation, and modification of certifications of firms engaged in lead-based paint activities.

  (a) The director may, after notice and opportunity for hearing, suspend, revoke, or modify a firm's certification if a firm has:

  (i) Performed work requiring certification at a job site with individuals who are not certified;

  (ii) Failed to comply with the work practice standards established in R307-842-3;

  (iii) Misrepresented facts in its letter of application for certification to the director;

  (iv) Failed to maintain required records; or

  (v) Failed to comply with federal, state, or local lead-based paint statutes or regulations.

  (b) In addition to an administrative or judicial finding of violation, for purposes of this section only, execution of a consent agreement in settlement of an enforcement action constitutes evidence of a failure to comply with relevant statutes or regulations.