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-.09 - Certification of Persons and Firms Conducting Renovation Activities

Universal Citation: GA Rules and Regs r 391-3-24-.09

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 renovation activities, the Division shall certify the applicant as a renovator or dust sampling technician.

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

(d) All individuals performing renovation activities on behalf of the certified renovation firm shall be either a certified dust sampling technician, a certified renovator or have been trained by a certified renovator when performing renovation activities and shall comply with the standards for performing such renovations or dust sampling activities as established in Rule 391-3-24-.08 through Rule 391-3-24-.11.

(e) All certifications shall expire based on the issue date or based on the last date of attending required training as specified in (2)(a) through (2)(c) of this Rule. Work performed after expiration of the certificate and prior to renewal shall constitute a violation of this Rule.

(f) No person or renovation firm shall conduct or offer to conduct renovation activities described in this section if that person or renovation firm does not have the appropriate certification by the Division pursuant to the requirements specified in this Rule and the person or renovation firm does not have in their possession a Division issued certificate.

(g) In order to maintain certification as a person or renovation firm, applicants must follow the requirements specified in paragraph (3) of this Rule.

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

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

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

(a) Certification of Renovation Firms.

1. All firms, which perform or offer to perform, any of the renovation activities described in Rule 391-3-24-.10 must have certification from the Division.

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

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

(I) Ensure that all individuals performing renovation activities on behalf of the certified renovation firm are either a certified dust sampling technician, a certified renovator or have been trained by a certified renovator when performing renovation activities and shall comply with the standards for performing such renovations and/or dust sampling activities;

(II) Follow the pre-notification education activity standards in Rule 391-3-24-.08.

(III) Follow the standards for conducting renovation activities in Rule 391-3-24-.10, and

(IV) Maintain all records required in Rule 391-3-24-.11.

(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 either in the amount of $300.00 for a three (3) year certification or $125.00 for a one (1) year certification. Fees shall be submitted electronically or in the form of a check or money order and made payable to the Environmental Protection Division - Lead Renovation Fees.

(iv) Federal, State, county or city government agencies which conduct renovation activities are exempt from the renovation firm certification.

3. The renovation firm certification issued by the Division is valid either for a period of three (3) years or one (1) year from the date of issuance based on the amount of fees submitted as specified in this Rule.

(b) Certification of Renovators.

1. To become certified as a renovator, a person must:

(i) Successfully complete an initial renovator training course and receive an initial course completion certificate from a Division accredited training program;

(ii) Successfully pass the initial renovator training course exam.

(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 renovator course completion training certificate or an original letter from the accredited training program confirming completion of the initial renovator training course on the accredited training program letterhead. Original documents shall be returned upon issuance or denial of certification by the Division;

(v) 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

(vi) 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 Renovation Fees.

(vii) Persons, employed by a federal, state, county or city government agency, who conduct renovations for the government agency are exempt from the renovator certification fee.

2. The renovator certification issued by the Division allows the certified individual to perform renovations covered by this Rule 391-3-24-.09 through 391-3-24-.11 and is valid for a period of three (3) years from the date of issuance.

1. To become certified as a dust sampling technician, a person must:

(i) Successfully complete an initial dust sampling technician course and receive an initial course completion certificate from a Division accredited training program;

(ii) Successfully pass an initial dust sampling technician course exam;

(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 dust sampling technician course completion training certificate or an original letter from the accredited training program confirming completion of the initial dust sampling technician training course on the accredited training program letterhead. Original documents shall be returned upon issuance or denial of certification by the Division;

(v) 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

(vi) 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 Renovation Fees for a one-year certification or submit a fee in the amount of $276.00 for a two-year certification.

(vii) Persons, employed by a federal, state, county or city government agency, who conducts dust sampling for the government agency are exempt from the dust sampling certification fee.

2. The dust sampling technician certification issued by the Division allows the certified individual to perform dust sampling activities covered by Rule 391-3-24-.10 and is valid for a period of one (1) year from the date of issuance.

(3) 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 renovator or dust sampling technician.

(b) Renewal of certified renovators

1. Certified renovators meeting the requirements of this section shall be renewed for a period of thirty-six (36) months from the expiration date of certification or thirty-six (36) months from the last date of completing a Division accepted renovation course, whichever is earlier.

2. Certified Renovators holding a certificate from an U.S. EPA accredited training provider issued before the effective date of this Rule shall be recognized by the Division and the renovator certification shall be valid for a period of five (5) years from the date of issuance. At least thirty (30) days before the expiration of the U.S. EPA renovator certification, the renovator shall submit a renewal application on forms provided by the Division and pay the fees as required in paragraph (3) of this Rule.

3. Persons seeking renewal of certification, as a renovator shall:

(i) Submit a completed renewal application to the Division on forms provided or approved by the Division with all the appropriate information included and signed by the applicant.

(ii) Successfully complete a refresher renovator training course and receive a refresher course completion certificate from a Division accredited training program within thirty-six (36) months from the last date of training.

Persons that do not successfully complete the renovator refresher course within thirty-six (36) 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 renovator course and receive a certificate of completion by the forty-eighth (48) month from the last date of training, shall successfully complete the initial renovator training course for renewal of certification.

(iii) Submit an original refresher renovator course completion certificate for renewal or an original letter from the accredited training program confirming completion of the renovator training course on the accredited training program letterhead.

(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 photograph.

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

1. Certified dust sampling technicians meeting the requirements of this section shall be renewed for a period of twelve (12) months from the expiration date of certification or twenty-four (24) months from the last date of completing a Division accepted dust sampling technician course, whichever is earlier.

2. Certified dust sampling technicians holding a certificate from an U.S. EPA accredited training provider issued before the effective date of this Rule shall be recognized by the Division and the renovator certification shall be valid for a period of five (5) years from the date of the issuance of the certification. At least thirty (30) days before the expiration of the dust sampling technician certification, the dust sampling technician shall submit a renewal application on forms provided by the Division as required in paragraph (3) of this Rule.

3. Persons seeking renewal of certification, as a dust sampling technician shall:

(i) Submit a completed renewal application to the Division on forms provided or approved by the Division with all the appropriate information included and signed by the applicant.

(ii) Successfully complete a refresher dust sampling technician course(s) and receive a refresher course completion certificate from an accredited training program within twenty-four (24) months from the last date of training.

Persons that do not successfully complete the refresher dust sampling technician course 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 dust sampling technician course 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.

(iii) Submit an original refresher dust sampling technician course completion certificate or an original letter from the accredited training program confirming completion of said training course(s) on the accredited training program letterhead.

(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 photograph.

(v) Submit a fee in the amount of $150.00 per renewal discipline for a one-year certification or submit $275.00 for a two-year certification. Fees shall be submitted electronically or in the form of a check or money order and made payable to the Environmental Protection Division - Lead Renovation Fees.

(d) Renewal of renovation firm certification

1. Certified renovation firms meeting the requirements of this section shall be renewed either for a period of twelve (12) months from the expiration date of certification or thirty-six (36) months from the expiration date of the certificate. Length of renewal is based on the amount of fees submitted.

2. Renovation firms holding a certificate from EPA issued before the effective date of this Rule shall be valid for a period of five (5) years from the date of issuance from U.S. EPA. At least thirty (30) days prior to the expiration of the U.S. EPA certification, the renovation firm shall submit a renewal application on forms provided by the Division. A renewal application must be submitted as defined in paragraph (3) of this Rule by the date of the expiration of the EPA renovation firm certificate.

3. In order for renovation firm certification to be renewed for either a period of twelve (12) months or thirty-six (36) months, the renovation firm shall:

(i) Submit a completed renewal application to the Division on forms provided by the Division certifying that the renovation firm shall:

(ii) Ensure that all individuals performing renovation activities on behalf of the certified renovation firm are either a certified dust sampling technician, a certified renovator or have been trained by a certified renovator when performing renovation activities;

(iii) Follow the standards in Rule 391-3-24-.10 for conducting renovations and dust sampling activities;

(iv) Follow the standards in Rule 391-3-24-.08 for pre-notification education requirements; and

(v) Maintain all records pursuant to the requirements in Rule 391-3-24-.11.

4. Submit a disclosure statement of any action(s) taken by the Division, EPA, or an EPA approved program involving violations, suspensions, revocations, or modifications of a renovation firm's activity.

5. Submit a fee in the amount of $300.00 electronically or in the form of a check or money order and made payable to the Environmental Protection Division - Lead Renovation Fees for a thirty-six (36) month renewal. A renovation firm may submit a fee in the amount of $125.00 electronically or in the form of a check or money order and made payable to the Environmental Protection Division - Lead Renovation Fees for a twelve (12) month renewal.

(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 (3) of this section for certification purposes.

(4) Reciprocity.

(a) Each person seeking certification who is licensed, certified or permitted in another state, Tribe or Territory of the United States to perform renovations or dust sampling 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. Fees shall be submitted electronically or in the form of a check or money order and made payable to the Environmental Protection Division - Lead Renovation Fees.

(5) Suspension, Revocation, and Modification.

(a) The Director may investigate the actions of any certified person or renovation firm and may suspend, revoke or modify the certification of a person or renovation firm in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedures Act," when it is found that the person or renovation 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, alteration 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 Rule 391-3-24-.10.

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

9. Performed work at a job site with persons who are not certified or trained.

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

11. Failed to maintain required records.

(b) When certification of a person or renovation firm is revoked, the person or renovation 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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