Compilation of Rules and Regulations of the State of Georgia
Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES
Chapter 391-3 - ENVIRONMENTAL PROTECTION
Subject 391-3-24 - LEAD-BASED PAINT HAZARD MANAGEMENT
Rule 391-3-24-.05 - Certification of Persons and Firms Conducting Lead-Based Paint Activities

Universal Citation: GA Rules and Regs r 391-3-24-.05

Current through Rules and Regulations filed through September 23, 2024

(1) Scope.

(a) Following the submission of an application demonstrating that all the requirements of this Rule are met and a determination by the Division that a person has met all applicable requirements to perform the appropriate lead-based paint activities, the Division shall certify the applicant as a lead inspector, lead risk assessor, lead supervisor, lead project designer or lead worker.

(b) All certified persons shall be assigned a certification number and issued a photo-identification certificate by the Division.

(d) When educational experience is required, the Division shall recognize a copy of an official academic transcript, diploma, or professional certification as evidence of meeting the educational requirements.

(e) When work experience is required, the Division shall recognize a resume or letter of reference from a current or previous employer as evidence of meeting the work experience requirements. This documentation shall include, but not be limited to, work history documenting related experience including inclusive dates of experience, employer's name, address and phone number, positions held, projects completed and job responsibilities held during the projects.

(f) Upon receiving certification by the Division, persons conducting lead-based paint activities shall work for a certified lead firm and shall comply with the standards for performing such lead-based paint activities as established in Rule 391-3-24-.06.

(g) All certifications shall expire twelve (12) months from the issue date of the certificate or on the expiration date of required training, whichever is earlier as specified in (2)(a) through (2)(e) of this Rule. Work performed after the certification expiration date and prior to renewal shall constitute a violation of this Rule.

(h) No person or lead firm shall conduct lead-based paint activities described in this section if that person or lead firm has not received the appropriate certification by the Division pursuant to the requirements specified herein of this section and the person or lead firm does not have in their possession a Division issued certification card or certificate.

(i) In order to maintain certification as a person or lead firm, applicants must follow the requirements specified in paragraph (4) of this section.

(j) A person who is employed by and in the process of conducting lead-based paint activities for a federal, state or local government agency shall not be required to pay certification fees as specified in this section.

(k) Persons requesting a duplication of their certification shall submit a fee in the amount of $25.00 electronically or in the form of a check or money order and made payable to the Environmental Protection Division - Lead Abatement Fees.

(2) Application Process. The following are procedures and requirements an applicant must meet when applying to the Division for certification:

(a) Certification of Lead Workers.

1. To become certified as a lead worker, a person must:

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

(ii) Submit a completed certification application on forms provided by the Division with all appropriate information included. This would also include original signature and date;

(iii) Submit an original initial course completion training certificate in the discipline for which certification is sought or an original letter from the accredited training program confirming completion of said training course on the accredited training program letterhead. Original documents shall be returned upon issuance or denial of certification by the Division;

(iv) Submit one (1) current 1 1/4 inch × 1 1/4 inch color passport photograph of the applicant with the applicant's name and original signature on the back of the picture; and

(v) Submit a fee in the amount of $25.00 electronically or in the form of a check or money order and made payable to the Environmental Protection Division - Lead Abatement Fees.

(b) Certification of Lead Inspectors.

1. To become certified as a lead inspector, a person must:

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

(ii) Successfully pass an exam and receive a third party certification exam letter from a third party certification exam administrator in the appropriate discipline for which certification is sought;

(iii) Submit a completed certification application on forms provided by the Division with all appropriate information included. This would also include original signature and date;

(iv) Submit an original initial course completion training certificate in the discipline for, which certification is sought or an original letter from the accredited training program confirming completion of said training course on the accredited training program letterhead. Original documents shall be returned upon issuance or denial of certification by the Division;

(v) Submit an original third party certification exam letter in the appropriate discipline for which certification is sought confirming successful completion of said exam. Original documents shall be returned upon issuance or denial of certification by the Division;

(vi) Submit one (1) current 1 1/4 inch × 1 1/4 inch color passport photograph of the applicant with the applicant's name and original signature on the back of the picture; and

(vii) Submit a fee in the amount of $150.00 electronically or in the form of a check or money order and made payable to the Environmental Protection Division - Lead Abatement Fees.

1. To become certified as a lead supervisor, a person must:

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

(ii) Successfully pass an exam and receive a third party certification exam letter from a third party certification exam administrator in the appropriate discipline for which certification is sought;

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

(I) One-year of experience as a lead worker; or,

(II) At least two (2) years of experience in a related field or in the building trades.

(iv) Submit a completed certification application on forms provided by the Division with all appropriate information included. This would also include original signature and date;

(v) Submit an original initial course completion training certificate in the discipline for which certification is sought or an original letter from the accredited training program confirming completion of said training course on the accredited training program letterhead. Original documents shall be returned upon issuance or denial of certification by the Division;

(vi) Submit an original third party certification exam letter in the appropriate discipline for which certification is sought confirming successful completion of said exam. Original documents shall be returned upon issuance or denial of certification by the Division;

(vii) Submit one (1) current 1 1/4 inch × 1 1/4 inch color passport photograph of the applicant with the applicant's name and original signature on the back of the picture; and

(viii) Submit a fee in the amount of $150.00 electronically or in the form of a check or money order and made payable to the Environmental Protection Division - Lead Abatement Fees.

(d) Certification of Lead Risk Assessors.

1. To become certified as a lead risk assessor, a person must:

(i) Successfully complete a course and receive initial course completion certificates from an accredited training program in the lead inspector course and in the appropriate discipline for which certification is sought;

(ii) Successfully pass an exam and receive a third party certification exam letter from a third party certification exam administrator in the lead inspector discipline and in the appropriate discipline for which certification is sought;

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

(I) Bachelor's degree and one (1) year of experience in a related field; or,

(II) An Associate's degree and two (2) years of experience in a related field; or,

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

(IV) A high school diploma (or equivalent), and at least three (3) years of experience in a related field.

(iv) Submit a completed certification application on forms provided by the Division with all appropriate information included. This would also include original signature and date;

(v) Submit original course completion training certificates in the lead inspector discipline and in the discipline for which certification is sought or an original letter from the accredited training program confirming completion of said training courses on the accredited training program letterhead. Original documents shall be returned upon issuance or denial of certification by the Division;

(vi) Submit an original third party certification exam letter in the lead inspector discipline and in the appropriate discipline for which certification is sought confirming successful completion of said exams. Original documents shall be returned upon issuance or denial of certification by the Division;

(vii) Submit one (1) current 1 1/4 inch × 1 1/4 inch color passport photograph of the applicant with the applicant's name and original signature on the back of the picture; and

(viii) To obtain a joint Inspector/Risk Assessor certification simultaneously, submit a fee in the amount of $250.00 along with the documents required by (2)(c)1.(i)-(vii) and (2)(d)1.(i)-(vii); or

(ix) To obtain a Risk Assessor certification without an Inspector Certification, submit a fee in the amount of $150.00 electronically or in the form of a check or money order and made payable to the Environmental Protection Division - Lead Abatement Fees along with the documents required by (2)(d)1.(i)-(vii).

(e) Certification of Lead Project Designers.

1. To become certified as a lead project designer, a person must:

(i) Successfully complete a course and receive course completion certificates from an accredited training program in the lead supervisor course and in the appropriate discipline for which certification is sought;

(ii) Successfully pass an exam and receive a third party certification exam letter from a third party certification exam administrator in the lead supervisor discipline;

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

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

(II) Four (4) years of experience in building construction and design or a related field.

(iv) Submit a completed certification application on forms provided by the Division with all appropriate information included. This would also include original signature and date;

(v) Submit original course completion training certificates in the lead supervisor discipline and in the discipline for which certification is sought or an original letter from the accredited training program confirming completion of said training courses on the accredited training program letterhead. Original documents shall be returned upon issuance or denial of certification by the Division;

(vi) Submit an original third party certification exam letter in the lead supervisor discipline confirming successful completion of said exam. Original documents shall be returned upon issuance or denial of certification by the Division;

(vii) Submit one (1) current 1 1/4 inch × 1 1/4 inch color passport photograph of the applicant with the applicant's name and original signature on the back of the picture; and

(viii) Submit a fee in the amount of $150.00 electronically or in the form of a check or money order and made payable to the Environmental Protection Division - Lead Abatement Fees.

(f) Certification of Lead Firms.

1. All firms, which offer to perform, or that perform, any of the lead-based paint activities described in Rule 391-3-24-.06 must have certification from the Division.

2. A firm seeking certification, as a Lead Firm must:

(i) Submit a completed certification application on forms supplied by the Division certifying that the firm shall:

(I) Only employ Division certified employees to conduct lead-based paint activities;

(II) Follow standards in Rule 391-3-24-.06 for conducting lead-based paint activities; and

(III) Maintain all records pursuant to the requirements in Rule 391-3-24-.06.

(ii) Submit a disclosure statement of any action taken by EPA or an EPA authorized program involving violations, suspensions, revocations or modifications of a firm's activities; and

(iii) Submit a fee in the amount of $350.00 electronically or in the form of a check or money order and made payable to the Environmental Protection Division - Lead Abatement Fees.

(iv) Federal, State, county or city government agencies, who conduct lead-based paint investigations are exempt from the $350.00 firm certification fee.

(3) Third Party Certification Exam.

(a) The third party certification exam shall be taken only from a third party certification exam administrator who is accepted by the Division to perform such duties.

(b) In order to take the third party certification exam for a particular discipline, a person must:

1. Successfully complete an accredited course in the appropriate discipline and receive a course completion certificate from an accredited training program.

2. Meet or exceed the educational and/or work experience requirements in section 391-3-24-.05 of this Rule for each appropriate discipline for which certification is sought.

3. Take the third party certification exam no more than three (3) times. If a person does not pass the third party certification exam with a passing score of 70 percent (70%) or greater and receive a certificate and/or certification letter, the person must retake the appropriate training course from an accredited training program before retaking the third party certification exam.

(4) Renewal of Certification.

(a) After certified persons demonstrate that all of the requirements of this section are met and the Division determines that an applicant has met all the requirements set forth in this section, the Division shall renew certification of a person as a lead inspector, lead risk assessor, lead supervisor, lead project designer, or lead worker.

(b) Certified persons meeting the requirements of this section shall be renewed for a period of twelve (12) months from the expiration date of certification or until the expiration date of required training, whichever is earlier.

1. Submit a completed renewal application to the Division on forms provided by the Division with all the appropriate information included and signed by the applicant.

2. Successfully complete a course(s) and receive a refresher course completion certificate(s) from an accredited training program in the appropriate discipline(s) for which renewal is sought within twenty-four (24) months from the last date of training.

Persons that do not successfully complete the said refresher course(s) within twenty-four (24) months from the last date of training may obtain provisional certification for twelve (12) months by payment of a fee two (2) times the certification fee.

Persons that do not successfully complete the refresher course(s) and receive a certificate of completion by the thirty-sixth (36th) month from the last date of training, shall successfully complete the initial said training course for renewal of certification.

3. Submit an original refresher course completion certificate(s) in the appropriate discipline(s) for which renewal is sought or an original letter from the accredited training program confirming completion of said training course(s) on the accredited training program letterhead.

4. Submit one (1) current 1 1/4 × 1 1/4 inch color passport photograph of the applicant with the applicant's name and original signature on the back of the photograph.

5. Submit a fee in the amount of $150.00 per renewal discipline, or $250.00 per 391-3-24-.05(2)(d)1(viii), except the lead worker discipline. An applicant seeking renewal in the lead worker discipline shall submit a fee in the amount of $25.00. Fees shall be submitted electronically or in the form of a check or money order and made payable to the Environmental Protection Division - Lead Abatement Fees.

(d) In order for lead firm certification to be renewed for a period of twelve (12) months, the firm shall:

1. Submit a completed renewal application to the Division on forms provided by the Division certifying that the lead firm shall:

(i) Only employ Division certified persons to conduct lead-based paint activities;

(ii) Follow the standards in Rule 391-3-24-.06 for conducting lead-based paint activities; and

(iii) Maintain all records pursuant to the requirements in Rule 391-3-24-.06.

2. Submit a disclosure statement of any action taken by EPA or an EPA approved program involving violations, suspensions, revocations, or modifications of a lead firm's activity.

3. Submit a fee in the amount of $350.00 electronically or in the form of a check or money order and made payable to the Environmental Protection Division - Lead Abatement Fees.

(e) Renewal applications shall be postmarked or hand delivered to the Division thirty (30) days prior to the expiration date of certification for each discipline in which certification is sought. Certified persons submitting renewal applications postmarked or hand delivered after the expiration date of certification shall follow the requirements specified in paragraph (2) of this section for certification purposes.

(5) Reciprocity.

(a) Each person seeking certification who is licensed, certified or permitted in another state, Tribe or Territory of the United States to perform lead hazard reduction activities may petition the Division on a form provided by the Division to grant certification without repetition of training requirements. The Division may recognize the certification of a discipline granted by another State, Tribe or Territory with which the Division has a written reciprocal agreement. Any person may apply to have their certification approved by the Division if their certification has been licensed, certified or permitted by another State, Tribe or Territory with which the Division has a written reciprocal agreement.

(b) Persons seeking certification by reciprocity shall also submit to the Division the following:

1. A completed application to the Division on forms provided by the Division with all the appropriate information included and signed by the applicant.

2. A copy of the certification issued by the reciprocating state, tribe or territory.

3. One (1) current 1 1/4 inch × 1 1/4 inch color passport photograph of the applicant with the applicant's name and original signature on the back of the picture.

4. A fee in the amount of $150.00 for each discipline, except lead worker discipline and/or the combined lead inspector/risk assessor obtained simultaneously; an applicant seeking certification in the lead worker discipline shall submit a fee in the amount of $25.00; an applicant seeking the combined inspector/risk assessor obtained simultaneously shall submit a fee in the amount of $250.00. Fees shall be submitted electronically or in the form of a check or money order and made payable to the Environmental Protection Division - Lead Abatement Fees.

(6) Suspension, Revocation, and Modification.

(a) The Director may investigate the actions of any certified person or lead firm and may suspend, revoke or modify the certification of a person or lead firm in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedures Act," when it is found that the person or lead firm has:

1. Obtained training documentation through fraudulent means.

2. Gained admission to and completed an accredited training program through misrepresentation of admission requirements.

3. Obtained certification through misrepresentation of certification requirements or related documents dealing with education, training, professional registration, or experience.

4. Performed work requiring certification at a job site without having proof of certification.

5. Permitted the duplication or use of the person's own certificate by another.

6. Performed work for which certification is required, but for which appropriate certification has not been received.

7. Failed to comply with the appropriate work practice standards for lead-based paint activities as specified in 391-3-24-.06.

8. Failed to comply with Federal, State, or local lead-based paint statutes or regulations.

9. Performed work requiring certification at a job site with persons who are not certified.

10. Misrepresented facts in a lead firm's letter of application.

11. Failed to maintain required records.

(b) When certification of a person or lead firm is revoked, the person or lead firm shall not be eligible for recertification for a period of five (5) years from the date of revocation.

O.C.G.A. Sec. 31-41-1 et seq.

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