Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
211.180, 211.900-211.905,
211.990,
211.994,
217.801
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
211.9063(3) requires the
Department for Public Health to promulgate administrative regulations to
establish the training and testing requirements and procedures for
certification of persons who perform or offer to perform lead-hazard detection
or abatement in target housing or child-occupied facilities.
KRS
211.9063(4) requires the
department to promulgate administrative regulations to provide for the
enforcement of the certification program.
KRS 211.9067
requires the department to promulgate administrative regulations to establish a
schedule of fees for permits and certification and accreditation programs.
KRS
211.9069 authorizes the department to
establish terms and conditions for granting equivalent certificates. This
administrative regulation establishes requirements, procedures, and fees for
lead-hazard related permits, certification, and accreditation, establishes
terms and conditions for equivalent certification, and establishes procedures
for the enforcement of the certification program.
Section 1. Application Procedures. An
applicant for certification shall submit to the department:
(1) An application fee:
(a) In the amount established in Section 8 of
this administrative regulation;
(b)
By check or money order; and
(c)
Made payable to the Kentucky State Treasurer;
(2) An "Application for Individual
Certification"; and
(3) The
following documents:
(a) A current color
photograph of the applicant at least two (2) by two (2) inches in
size;
(b) A copy of a course
completion certificate received from a course approved by the department;
and
(c) Documentation demonstrating
that the applicant has met the initial requirements established for the
indicated discipline, as described in Section 4 of this administrative
regulation.
Section
2. Departmental Review and Certification.
(1) The department shall:
(a) Review and approve or disapprove the
application for initial certification or recertification; and
(b) Notify the applicant, within ten (10)
working days of receipt of the application, of the results of the
review.
(2) An applicant
whose application for a discipline requiring a third-party examination is
approved shall:
(a) Pay to the department the
examination fee in an amount established in Section 8 of this administrative
regulation;
(b) Schedule with the
department a date and time to take the examination;
(c) Be permitted to take the examination
three (3) times within a twelve (12) month period of time;
(d) If the applicant fails the third
examination, complete another approved course before re-applying for
certification;
(e) If the applicant
passes or is not required to take an examination, shall pay a discipline fee in
an amount established in Section 8 of this administrative regulation.
(3) If an application is found to
be deficient:
(a) The department shall notify
the applicant that:
1. Specified supplemental
documentation is required;
2.
Additional education or training is required; or
3. Other specified information is necessary
to determine the applicant's qualifications.
(b) The applicant shall:
1. Submit the requested information before
qualifying to take the required examination or otherwise complete the
application process; and
2. Within
twelve (12) months, become certified by the department; or
3. Reapply for certification and pay
additional specified fees.
(4) The department shall:
(a) Grant individual certification upon:
1. Satisfaction of the requirements for
application approval and education or training; and
2. Payment of the discipline fee;
(b) Issue a certification
certificate and identification card valid for a period of two (2) years from
the date of completion of the required course of
training.
Section
3. Certification Through Reciprocity. An applicant shall be
considered for certification by the department under an equivalent
certification agreement established at
KRS
211.9069.
Section 4. Initial Requirements for Each
Discipline.
(1) Lead-hazard abatement worker
shall successfully complete a departmental-approved lead abatement worker
course.
(2) Lead-hazard inspector
shall:
(a) Successfully complete an approved
training course for inspectors;
(b)
Have a high school diploma or equivalent; or
(c) Have a least one (1) year's related work
experience.
(3)
Lead-hazard risk assessor shall:
(a)
Successfully complete an approved inspector course prior to the completion of
an approved risk assessor course; and
(b) Have at least one (1) of the following:
1. Certification as an industrial hygienist,
professional engineer, registered architect, or registered
sanitarian;
2. A bachelor's degree,
and one (1) year related work experience;
3. An associate degree, and two (2) years
related work experience; or
4. A
high school diploma or equivalent, and at least (3) years related work
experience.
(4) Lead-hazard supervisor shall have:
(a) Successfully completed an accredited
training course for supervisors;
(b) A high school diploma or equivalent;
and
(c) At least two (2) years
related work experience.
(5) Lead-hazard project designer shall have:
(a) Successfully completed an approved
training course for supervisor prior to successfully completing an approved
project designer course; and
(b)
One (1) of the following:
1. A bachelor's
degree in engineering, architecture, or a related profession, and one (1) year
related work experience; or
2. Four
(4) years related work experience.
(6) Lead dust sampling technician shall have:
(a) Successfully completed an approved
training course; and
(b)
Successfully completed department proficiency requirements.
Section 5.
Certification of Lead-hazard Company.
(1) A
company shall be certified by the department prior to conducting lead-hazard
assessment and abatement activities and shall qualify as follows.
(2) The company applying for certification
shall:
(a) Pay an application fee as
identified in Section 8 of this administrative regulation; and
(b) Submit an "Application for Company
Certification" with the following information:
1. A list of department certified employees;
and
2. Notarized affidavit stating
that the company is knowledgeable of and will follow the work practice
standards established by
902
KAR 48:040.
Section 6. Individual Recertification.
(1) An applicant for recertification shall,
at least thirty (30) days before the expiration date indicated on the
certificate, submit to the department:
(a) A
completed application;
(b) A fee
established at Section 8 of this administrative regulation; and
(c) Documentation of successful completion of
an approved refresher course, for the appropriate discipline, taken within the
last twelve (12) months of the certification period.
(2) An applicant who applies for
recertification after the time specified in subsection (1) of this section, but
within six (6) months after the certification has lapsed, shall:
(a) Pass a department-approved refresher
course; and
(b) Retake and pass the
applicable third-party examination under the process identified in Section 2 of
this administrative regulation.
(3) An applicant who fails to reapply for
certification after six (6) months from the date that the certification has
lapsed shall:
(a) Pass an initial course;
and
(b) Reapply through the
certification process as identified in Section 2 of this administrative
regulation.
Section
7. Company Recertification. A lead-hazard company shall apply for
recertification by submitting:
(1) The fee
established by Section 8 of this administrative regulation;
(2) A current listing, as of the date of
recertification, of certification numbers identifying the employees engaged in
lead-hazard activities; and
(3) A
notarized affidavit certifying that the company:
(a) Has continued to use the work practice
standards established by
902
KAR 48:040; and
(b) Uses only departmental-certified
employees to conduct lead-hazard activities in target housing and
child-occupied facilities in the Commonwealth.
Section 8. Fee Schedule.
Type or discipline
|
Fee
|
Application
|
$50
|
Third-party exam
|
$50
|
Lead dust sampling technician
|
$100
|
Lead-hazard project designer
|
$300
|
Lead-hazard risk assessor
|
$250
|
Lead-hazard inspector
|
$200
|
Lead-hazard supervisor
|
$150
|
Lead-hazard abatement worker
|
$75
|
Lead-hazard company
|
$200
|
Reissue of lost certificate or identification
card
|
$25
|
Section
9. Suspension, Revocation, Denial and Modification of
Certificates. If the department suspends, revokes, denies, or modifies
certification, it shall notify the certificate holder, in writing, of the
following:
(1) The legal and factual basis for
the suspension, revocation, denial, or modification;
(2) The commencement date and duration of the
suspension, revocation, or modification;
(3) Action, if any, which the certified
person may take to avoid suspension, revocation, or modification, or to receive
certification in the future;
(4)
The opportunity and method for requesting a hearing prior to final department
action; and
(5) Other information
the department deems appropriate.
Section 10. Administrative Hearings. An
administrative hearing shall be conducted in accordance with
902 KAR
1:400.
Section
11. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "Application for Individual
Certification", 5/2021 edition; and
(b) "Application for Company Certification",
4/2021 edition.
(2) This
material may be inspected, copied, or obtained, subject to applicable copyright
law, at the Environmental Lead Program, Division of Public Health Protection
and Safety, Department for Public Health, 275 East Main Street, Frankfort,
Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m. or online at
https://chfs.ky.gov/agencies/dph/dphps/psb/Pages/lead.aspx.
STATUTORY AUTHORITY:
KRS
211.090(3),
211.9063,
211.9067,
211.9069