Current through March 20, 2024
Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 3.
(a) To
become licensed by the department as an inspector, risk assessor, project
designer, supervisor, worker, clearance examiner, or dust sampling technician,
the applicant must do the following:
(1)
Successfully complete an approved lead-based paint course in the appropriate
discipline and receive a certificate of training from an approved course
provider.
(2) Have attended an
Indiana approved lead-based paint two (2) hour rules awareness course within
twelve (12) months prior to making license application, if the approved
lead-based paint course in subdivision (1) is not an Indiana-approved
course.
(3) Meet or exceed the
experience and education requirements for each desired discipline as listed in
subsection (b).
(4) For inspector,
risk assessor, project designers, and supervisor applicants, pass the
third-party examination in the appropriate discipline.
(5) Notwithstanding subdivisions (1) through
(4), an applicant may follow the reciprocity provisions in section 6.5 of this
rule.
(b) At a minimum,
the following experience, education requirements, and course work must be
fulfilled for each desired discipline:
(1)
Worker and clearance examiner applicants must comply with subsection (a)(1) and
(a)(2).
(2) Inspector applicants
shall have a high school diploma or general equivalency diploma
(GED).
(3) Risk assessor applicants
shall take and pass the inspector and risk assessor courses and pass all
required examinations, including third-party examinations. Applicants must meet
any one (1) of the following combinations of education and experience:
(A) Bachelor's degree and one (1) year of
experience.
(B) Associate's degree
and two (2) years of experience.
(C) A high school diploma or GED and three
(3) years of experience.
Required experience must be in a related field, including
lead, asbestos, environmental remediation work, or construction.
(4) Supervisor
applicants shall take and pass the supervisor course and all required
examinations, including third-party examinations, and meet one (1) of the
following:
(A) One (1) year of experience as a
licensed lead-based paint abatement worker.
(B) Two (2) years of experience in a related
field, including lead, asbestos, environmental remediation, or work in the
construction trades.
(5)
Project designer applicants are required to take and pass the supervisor and
project designer courses and pass all the required examinations, including
third-party examinations and shall have:
(A) a
bachelor's degree in engineering, architecture, or a related profession and one
(1) year of experience in building construction design or a related field;
or
(B) four (4) years of experience
in building construction and design or a related field.
(c) A person who enters into a
contract requiring the person to execute lead-based paint abatement to be
conducted for compensation shall be a lead-based paint activities contractor
licensed under this article. To become licensed by the department as a
lead-based paint activities contractor, the applicant must comply with the
following:
(1) The applicant must meet or have
a designated representative who meets all of the following:
(A) Successfully complete an approved
lead-based paint supervisor course within twelve (12) months prior to making
license application, receive a certificate of training from an approved
training course provider, and take and pass a third-party
examination.
(B) One (1) year of
experience as a licensed lead-based paint abatement worker or two (2) years of
experience in a related field, to include lead, asbestos, environmental
remediation, or work in the construction trades.
(2) The contractor may not allow an agent or
employee of the contractor to:
(A) exercise
control over a lead-based paint activities project;
(B) come into contact with lead-based paint
in connection with lead-based paint activities; or
(C) engage in lead-based paint activities;
unless the agent or employee is licensed under this rule.
(3) The contractor and all of its agents and
employees shall, when performing lead-based paint activities projects, comply
with the work practice standards under
410 IAC 32-4 for performing the
appropriate lead-based paint activities.
(4) Each contractor is required to have at
least one (1) licensed lead-based paint project supervisor, responsible for
direct supervision of workers, in the work area of the lead-based paint
activity project. Lead-based paint workers shall have access to the project
supervisors throughout the duration of the project.
(5) Each contractor shall ensure that the
current lead-based paint program license belonging to each project supervisor
and worker is kept on the job site during all lead-based paint activities. The
lead-based paint licenses shall be:
(A) kept
outside the work area; and
(B)
available for inspection by the department.
(6) Contractor applicants must themselves
have or have a designated representative who has:
(A) one (1) year of experience as a licensed
lead-based paint abatement worker or at least two (2) years of experience in a
related field, to include lead, asbestos, environmental remediation, or work in
the construction trades; and
(B)
successfully completed an approved lead-based paint supervisor course, received
a certificate of training from an approved training course provider, and taken
and passed a third-party examination.
(d) To take the third-party examination, a
person shall:
(1) successfully complete an
approved training course in the appropriate discipline;
(2) receive a certificate of training from an
approved training course provider; and
(3) meet or exceed the education and
experience requirements in subsections (b) and (c).
(e) An applicant may take the third-party
examination, if required, not more than three (3) times within six (6) months
of receiving a certificate of training.
(f) If a person does not pass the third-party
examination within six (6) months of receiving his or her certificate of
training, the person must retake the appropriate initial course from an
approved training course provider before reapplying for a license from the
department.
(g) Any individual who
has had more than a forty-eight (48) month time lapse between any two (2)
training courses of the same discipline shall:
(1) be required to attend an initial training
course for the discipline in which he or she is seeking licensing;
and
(2) take the third-party
examination required for the discipline in which he or she is seeking licensure
as follows:
(A) Inspectors, risk assessors,
and supervisors shall take the examination for that discipline.
(B) Project designers shall take the
third-party examination for supervisor.
(C) Workers or clearance examiners are not
required to take a third-party examination.
(h) The following documents shall be
submitted to the department to demonstrate compliance with the requirements of
this section:
(1) Official academic
transcripts or diplomas to demonstrate compliance with the education
requirements.
(2) Resumes, letters
of reference, or documentation of work experience to demonstrate compliance
with the work experience requirements.
(3) Certificates of training from
lead-specific or other related training courses, issued by approved training
course providers, to demonstrate compliance with the training
requirements.
(4) Official
documentation indicating the passage of a third-party examination.
Transferred from the Air Pollution Control Board
(326 IAC 23-2-3) to the Indiana
State Department of Health (410 IAC 32-2-3) by
P.L.
57-2009,
SECTION
17, effective July 1, 2009.