Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 41 - LEAD-BASED PAINT ACTIVITIES
Section 11-41-5 - Certification of individuals and firms engaged in lead-based paint activities: target housing and child-occupied facilities
Universal Citation: HI Admin Rules 11-41-5
Current through February, 2024
(a) Certification of individuals.
(1) Individuals seeking
certification by the department to engage in lead-based paint activities shall
submit to the department an application demonstrating that they meet the
requirements established in subsection (b) or (c) for the particular discipline
for which certification is sought.
(2) Following the submission of an
application demonstrating that all the requirements of this section have been
met, the department shall certify an applicant as an inspector, risk assessor,
supervisor, project designer, or abatement worker, as appropriate, for a period
of three years, except as provided in paragraph (5).
(3) Upon receiving certification from the
department, individuals conducting leadbased paint activities shall comply with
the work practice standards for performing the appropriate lead-based paint
activities as established in section
11-41-6.
(4) It shall be a violation of this chapter
for an individual to conduct any of the leadbased paint activities described in
section 11-41-6 if that individual has not
been certified by the department pursuant to this section to do so.
(5) Individuals who have a current lead-based
paint activities certification from EPA or an EPA-authorized state or Indian
Tribal accredited training program shall be eligible for certification by the
department. To apply for certification in a particular discipline, an
individual with a current certification in that discipline from EPA or an
EPA-authorized state or Indian Tribal accredited training program shall submit
a copy of her or his current certification. The department shall issue a
certification that expires on the expiration date of the individual's current
certification.
(6) Individuals
applying for certification shall submit the appropriate fees in accordance with
section 11-41-10.
(b) Inspector, risk assessor, or supervisor.
(1) To become certified by the department as
an inspector, risk assessor, or supervisor, pursuant to subsection (a) (1), an
individual shall: successfully complete an accredited course in the appropriate
discipline and receive a course completion certificate from an accredited
training program; pass the certification exam in the appropriate discipline
offered by the department; and meet or exceed the following experience and
education requirements:
(A) Inspectors. No
additional experience or education requirements.
(B) Risk Assessors. Successful completion of
an accredited training course for inspectors and:
(i) Bachelor's degree and one year of
experience in a related field (e.g., lead, asbestos, environmental remediation
work, or construction), or an Associate's degree and two years of experience in
a related field (e.g., lead, asbestos, environmental remediation work, or
construction);
(ii) Certification
as an industrial hygienist, professional engineer, registered architect, or
certification in a related engineering, health, or environmental field (e.g.,
safety professional, environmental scientist); or
(iii) A high school diploma (or equivalent),
and at least three years of experience in a related field (e.g., lead,
asbestos, environmental remediation work, or construction).
(C) Supervisors.
(i) One year of experience as a certified
lead-based paint abatement worker; or
(ii) At least two years of experience in a
related field (e.g., lead, asbestos, or environmental remediation work) or in
the building trades.
(2) The following documents shall be
recognized by the department as evidence of meeting the requirements listed in
paragraph (1):
(A) Official academic
transcripts or diploma, as evidence of meeting the education
requirements.
(B) Resumes, letters
of reference, or documentation of work experience, as evidence of meeting the
work experience requirements.
(C)
Course completion certificates from lead-specific or other related training
courses, issued by accredited training programs, as evidence of meeting the
training requirements.
(3) In order to take the certification
examination for a particular discipline an individual shall:
(A) Successfully complete an accredited
course in the appropriate discipline and receive a course completion
certificate from an accredited training program.
(B) Meet or exceed the education and
experience requirements in paragraph (1).
(4) After passing the appropriate
certification exam and submitting an application demonstrating that he or she
meets the appropriate training, education, and experience prerequisites
described in paragraph (1), an individual shall be issued a certificate by the
department. To maintain certification, an individual shall be recertified as
described in subsection (e).
(5) An
individual may take the certification exam no more than three times within
sixty days of receiving a course completion certificate.
(6) If an individual does not pass the
certification exam and receive a certificate within sixty days of receiving his
or her course completion certificate, the individual shall retake the
appropriate course from an accredited training program before reapplying for
certification from the department.
(c) Abatement worker and project designer.
(1) To become certified by the department as
an abatement worker or project designer, pursuant to subsection (a) (1), an
individual shall successfully complete an accredited course in the appropriate
discipline and receive a course completion certificate from an accredited
training program and meet or exceed the following additional experience and
education requirements:
(A) Abatement workers.
No additional experience or education requirements.
(B) Project designers. Successful completion
of an accredited training course for supervisors and:
(i) Bachelor's degree in engineering,
architecture, or a related profession and one year of experience in building
construction and design or a related field; or
(ii) Four years of experience in building
construction and design or a related field.
(2) The following documents shall be
recognized by the department as evidence of meeting the requirements listed in
paragraph (1):
(A) Official academic
transcripts or diploma, as evidence of meeting the education
requirements.
(B) Resumes, letters
of reference, or documentation of work experience, as evidence of meeting the
work experience requirements.
(C)
Course completion certificates from lead-specific or other related training
courses, issued by accredited training programs, as evidence of meeting the
training requirements.
(3) After successfully completing the
appropriate training courses and meeting any other qualifications described in
paragraph (1), an individual shall be issued a certificate from the department.
To maintain certification, an individual shall be recertified as described in
subsection (e).
(d) Reserved.
(e) Re-certification.
(1) To maintain certification in a particular
discipline, a certified individual shall apply to and be re-certified by the
department in that discipline before their certification expires.
(2) 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 course
completion certificate.
(3)
Individuals applying for re-certification shall submit the appropriate fees in
accordance with section
11-41-10.
(f) Certification and re-certification of firms.
(1) All firms which perform or offer to
perform any of the lead-based paint activities described in section
11-41-6 shall be certified by the
department for a period of three years.
(2) A firm seeking certification shall submit
to the department an application 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
section 11-41-6 for conducting lead-based
paint activities.
(3) From the date
of receiving the firm's application, the department shall have sixty days to
issue a certification or deny the application. If the application is denied,
the department shall issue a letter describing the reasons for
disapproval.
(4) The firm shall
maintain all records pursuant to the requirements in section
11-41-6.
(5) Firms applying for certification shall
submit the appropriate fees in accordance with section
11-41-10.
(6) To maintain certification a firm shall
apply to and be re-certified by the department every three years.
(7) To maintain certification a firm shall
submit appropriate fees in accordance with section
11-41-10.
(g) Suspension, revocation, and modification of certifications of individuals engaged in lead-based paint activities.
(1) The department may, after notice and
opportunity for hearing, suspend, revoke, or modify an individual's
certification if an individual has:
(A)
Obtained training documentation through fraudulent means.
(B) Gained admission to and completed an
accredited training program through misrepresentation of admission
requirements.
(C) Obtained
certification through misrepresentation of certification requirements or
related documents dealing with education, training, professional registration,
or experience.
(D) Performed work
requiring certification at a job site without having proof of
certification.
(E) Permitted the
duplication or use of the individual's own certificate by another.
(F) Performed work for which certification is
required, but for which appropriate certification has not been
received.
(G) Failed to comply with
the appropriate work practice standards for lead-based paint activities in
section 11-41-6.
(H) Failed to comply with federal, state, or
local lead-based paint statutes or regulations.
(2) 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.
(h) Suspension, revocation, and modification of certifications of firms engaged in lead-based paint activities.
(1) The department may, after notice and
opportunity for hearing, suspend, revoke, or modify a firm's certification if a
firm has:
(A) Performed work requiring
certification at a job site with individuals who are not certified.
(B) Failed to comply with the work practice
standards established in section
11-41-6.
(C) Misrepresented facts in its application
for certification to the department.
(D) Failed to maintain required
records.
(E) Failed to comply with
federal, state, or local lead-based paint statutes or regulations.
(2) 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.
(i) Procedures for suspension, revocation, or modification of the certification of individuals or firms.
(1) If the department
decides to suspend, revoke, or modify the certification of any individual or
firm, it shall notify the affected entity in writing of the following:
(A) The legal and factual basis for the
suspension, revocation, or modification.
(B) The commencement date and duration of the
suspension, revocation, or modification.
(C) Actions, if any, which the affected
entity may take to avoid suspension, revocation, or modification or to receive
certification in the future.
(D)
The opportunity and method for requesting a hearing prior to final departmental
action to· suspend, revoke, or modify certification.
(E) Any additional information, as
appropriate, which the department may provide.
(2) If a hearing is requested by the
certified individual or firm, the department shall:
(A) Provide the affected entity an
opportunity to offer written statements in response to the department's
assertion of the legal and factual basis and any other explanations, comments,
and arguments it deems relevant to the proposed action.
(B) Provide the affected entity such other
procedural opportunities as the department may deem appropriate to ensure a
fair and impartial hearing.
(C)
Appoint a hearings officer to conduct the hearing. No person shall serve as
hearings officer if he or she has had any prior connection with the specific
matter.
(3) The hearings
officer shall:
(A) Conduct a fair, orderly,
and impartial hearing within ninety days of the request for a
hearing;
(B) Consider all relevant
evidence, explanation, comment, and argument submitted; and
(C) Notify the affected entity in writing
within ninety days of completion of the hearing of his or her decision and
order. Such an order is a final departmental action subject to judicial
review.
(4) If the
department determines that the public health, interest, or welfare warrants
immediate action to suspend the certification of any individual or firm prior
to the opportunity for a hearing, it shall:
(A) Notify the affected entity of its intent
to immediately suspend certification for the reasons listed in subsections (g)
(1) and (h) (1). If a suspension, revocation, or modification notice has not
previously been issued, it shall be issued at the same time the immediate
suspension notice is issued.
(B)
Notify the affected entity in writing of the grounds upon which the immediate
suspension is based and why it is necessary to suspend the entity's
certification before an opportunity for a hearing to suspend, revoke, or modify
the individual's or firm's certification.
(C) Notify the affected entity of the
commencement date and duration of the immediate suspension.
(D) Notify the affected entity of its right
to request a hearing on the immediate suspension within fifteen days of the
suspension taking place and the procedures for the conduct of such a
hearing.
(5) Any notice,
decision, or order issued by the department under this section, transcript or
other verbatim record of oral testimony, and any documents filed by a certified
individual or firm in a hearing under this section shall be available to the
public, except as otherwise provided by law. Any such hearing at which oral
testimony is presented shall be open to the public, except that the hearings
officer may exclude the public to the extent necessary to allow presentation of
information which may be entitled to confidential treatment.
Disclaimer: These regulations may not be the most recent version. Hawaii may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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