Current through Register Vol. 42, No. 11, August 30, 2024
(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 renovation certification,
with at least one accredited individual employed for each discipline applied
for, shall submit to the Department an application for certification on a form
provided by the Department with a non-refundable application fee of $300 due
every year for each discipline and a letter attesting
that the firm shall only employ renovators accredited by Safe State when
conducting regulated renovation activities, and that the firm and its employees
shall follow the work practice standards as outlined in Rule
420-3-29-.10 for conducting
renovation. A list of employees who have been accredited by Safe State as a
renovator shall be provided with the application along with their accreditation
numbers and registration expiration dates.
(a) Initial certification.
1. Firms that perform renovations for
compensation must apply to the Department for certification to perform
renovations or dust sampling. To apply, a firm must submit a completed
application for firms, to the Department, signed by an authorized agent of the
firm, with the correct amount of fees. If a firm pays excess amount of fees,
the Department will reimburse the excess amount.
2. After the Department receives a firm's
application, the Department will take one of the following actions within 28
days of the date the application is received:
(i) The Department will approve a firm's
application if the Department determines that it is complete and that the
environmental compliance history of the firm, its principals, or its key
employees does not show an unwillingness or inability to maintain compliance
with environmental statutes or regulations. An application is complete if it
contains all of the information requested on the form and includes the correct
amount of fees. When the Department approves a firm's application, the
Department will issue the firm a certificate with an expiration date not more
than 1 year from the date the application is approved. The Department
certification also allows the firm to perform renovations covered by this rule
in any Indian Tribal area in Alabama that does not have a renovation program
that is authorized under this rule.
(ii) The Department will request a firm to
supplement its application if the Department determines that the application is
incomplete. If the Department requests a firm to supplement its application,
the firm must submit the requested information or pay the additional fees
within 14 days of the date of the request.
(iii) The Department will not approve a
firm's application if the firm does not supplement its application in
accordance with paragraph (a)(2)b. of this rule or if the Department determines
that the environmental compliance history of the firm, its principals, or its
key employees demonstrates an unwillingness or inability to maintain compliance
with environmental statutes or regulations. The Department will send the firm a
letter stating the reason for not approving the application. The Department
will not refund the application fees. A firm may reapply for the Department
certification at any time by filing a new, complete application that includes
the correct amount of fees.
(b) Amendment of Certification.
1. A firm must amend its certification within
90 days of the date a change occurs to information included in the firm's most
recent application. If the firm fails to amend its certification within 90 days
of the date the change occurs, the firm may not perform renovations or dust
sampling until its certification is amended.
2. To amend a certification, a firm must
submit a completed application for certification of lead renovation
contractors, signed by an authorized agent of the firm, noting on the form that
it is submitted as an amendment and indicating the information that has
changed. The firm must also pay the correct amount of fees.
3. If additional information is needed to
process the amendment, or the firm did not pay the correct amount of fees, the
Department will request the firm to submit the necessary information or fees.
The firm's certification is not amended until the firm complies with the
request.
4. Amending a
certification does not affect the certification expiration date.
(c) Firm responsibilities. Firms
performing renovations must ensure that:
1.
All individuals performing renovation activities on behalf of the firm are
either accredited renovators in accordance with Rule 822-X-1.05 or have been
trained by an accredited renovator.
2. An accredited renovator is assigned to
each renovation project performed by the firm and discharges all of the
accredited renovator responsibilities identified in Rule
420-3-29-.11.
3. All renovation activities performed by the
firm are accomplished in accordance with the work practice standards in Rule
420-3-29-.10.
4. The pre-renovation education requirements
of Rule 420-3-29-.04 have been
performed.
5. The recordkeeping
requirements of Rule
420-3-29-.15 are
met.
