Current through Register 1518, March 29, 2024
(1)
Scope. A training program shall not provide, offer, or
claim to provide authorized Deleading and/or Lead Safe Renovation training for
the performance of such activities within the Commonwealth of Massachusetts
without applying for and receiving a License issued under 454 CMR
22.07.
(2)
Application
Process. Applicants for Licensure as providers of Deleading and
Lead-safe Renovation training shall submit to the Director an application on
forms provided by the Department. Training Provider Licenses will only be
granted to those applicants whose training programs are determined by the
Director to be in compliance with the applicable requirements of 454 CMR 22.07
and
22.08.
Applicants for Training Provider licensure shall submit the following
information:
(a) A completed application
form, as prescribed by the Director, which includes the name, address and
telephone number of the firm or individual(s) conducting the course(s), the
name under which the Training Provider conducts or intends to conduct the
training and the courses for which approval is requested. Courses taught in
different languages are considered to be separate courses that require separate
approval under 454 CMR 22.07(2).
(b) For corporations and LLCs, a copy of a
Certificate of Legal Existence (or a Foreign Corporation Certificate, if
organized outside of Massachusetts) issued by the Massachusetts Secretary of
the Commonwealth, and a Certificate of Good Standing, if applicable. For sole
proprietorships and partnerships, a copy of a business certificate for the firm
of the applicant issued by the city or town where the business is
located.
(c) Certification of
compliance with all laws of the Commonwealth relating to taxes, reporting of
employees and contractors, and withholding and remitting of child support in
accordance with M.G.L. c. 62C, § 49A(a); unemployment health insurance
contributions in accordance with M.G.L. c. 151A, § 14G(e); unemployment
insurance contributions in accordance with M.G.L. c. 151A, § 19A(a), and
workers' compensation insurance in accordance with M.G.L. c. 152, §
25C(6).
(d) A certificate of
insurance or a letter of binder from an insurance carrier indicating that the
lead training activity to be performed by the applicant is covered by a current
workers' compensation policy or self-insurance program acceptable to the
Commonwealth or a notarized statement that the training provider has no
employees.
(e) A list of all
citations or notices of violation relating to occupational health and safety
and environmental protection, including notices of noncompliance, notices of
responsibility, notices of intent to assess an administrative penalty, orders,
consent orders and court judgments, received by the Responsible Persons of the
applicant in the two years prior to the date of application, and the issuing
agency or department, and final disposition of such citation or
notice.
(f) A course outline for
each course for which approval is sought, showing topics covered and the amount
of time given to each topic.
(g) A
copy of the course manual for each course for which approval is sought,
including all printed material to be distributed in the course.
(h) A description of teaching methods to be
employed, including a description of audio-visual aids to be used.
(i) A description of the hands-on facility to
be utilized, including protocols for instruction, the number of students which
may be accommodated, and the number of instructors.
(j) A description of the equipment that will
be used in classroom lectures and hands-on training.
(k) A list of the names and qualifications of
the persons who will provide the training in each course, including verifiable
documentation of their education, training and experience.
(l) An example of the written examination to
be given in each course for which approval is sought.
(m) When applying for approval to offer a
course in a language other than English, a signed statement from a Qualified
Independent Translator that the course was compared to the English language
version and that the translation was found to be accurate.
(n) A list of tuition or other fees
required.
(o) A copy of the
certificate given to course participants upon completion of the
course.
(p) Any additional
information or documentation that the Director may reasonably require to
evaluate the adequacy of the application.
(q) A money order or certified bank check,
payable to the Commonwealth of Massachusetts in the amount of the entire annual
fee established for such license by M.G.L. c. 7, § 3B, plus any applicable
surcharges. The fee payment is not refundable.
Applications received by DLS which omit any of the information
or documentation required for submittal set forth in 454 CMR 22.07(1), in
excess of 60 calendar days from the date of written notification to the
applicant apprising the applicant of the omitted information or documentation,
will not be acted upon and the application fee shall be forfeited to defray the
administrative cost of reviewing and processing the incomplete
application.
(3)
Renewal of Licenses. Training Provider Licenses shall
be valid for a period of one year from the date of issuance. The Director may
renew a Training Provider License, provided the current License holder submits
a renewal application at least 30, but not more than 60, calendar days before
the expiration of the current License. Applications received later than 30
calendar days before the expiration of the current License will be processed in
the normal course of business, which may result in the License being renewed
after its expiration date. Said renewal application shall include:
(a) A completed application form, as
prescribed by the Director.
(b)
Written confirmation or disclosure of any changes in the information originally
submitted pursuant to 454 CMR 22.07(2)(a) through (p).
(c) A money order or certified bank check,
payable to the Commonwealth of Massachusetts in the amount of the entire annual
fee established for such license by M.G.L. c. 7, § 3B, plus any applicable
surcharges. The fee payment is not refundable.
Applications for renewal received by DLS which omit any of the
information or documentation required for submittal set forth in 454 CMR 22.07,
in excess of 60 calendar days from the date of written notification to the
applicant apprising the applicant of the omitted information or documentation,
will not be acted upon and the renewal fee shall be forfeited to defray the
administrative cost of reviewing and processing the incomplete renewal
application.
(4)
Approval by the Director. Upon receipt of a completed
application for Licensure, the Director shall evaluate the application and make
a determination as to whether to approve or deny such status. The Director
shall notify the applicant of his or her decision, in writing, within 40 days
of receipt of a completed application.
(5)
Non-transferability. A Training Provider License
cannot be transferred from one person or corporation to another.
(6)
Licensed Training Provider
Administrative Tasks. Licensed Training Providers shall perform
the following as a condition of such status:
(a) Notify the Director in writing or by
electronic means, at least ten days prior to the commencement of any training
course covered by 454 CMR 22.07(6), of the location, title, and anticipated
starting and ending dates of such course.
(b) Issue serially-numbered Training
Certificates to all students who successfully complete initial and refresher
training courses. Said certificates shall include: the name of the student; a
digital photograph of the student; the name of the course completed, as
specified in
454 CMR
22.08; the language in which the course was
given (if other than English); the dates of the course and the examination; and
a statement that the student passed the examination. Training Certificates
issued to persons who successfully complete Deleader-supervisor and
Deleader-worker training shall include an expiration date set at one year
following the date on which the Training Certificate was issued. Training
Certificates issued to persons who successfully complete Lead-safe
Renovator-supervisor training shall include an expiration date set at five
years following the date on which the Training Certificate was issued. Training
Certificates issued to persons who successfully complete courses that include
instruction in the training subjects listed at
454 CMR 22.08(4)(d) and
(e) shall include the designation, "Lead-safe
Renovator-supervisor Moderate Risk Deleading Option."
(c) Maintain training records, including: the
name, address, telephone number and digital image and a valid driver's license
or other government issued form of identification of the person trained; the
course title, location and dates; sign in/sign out logs for each session of
training; the final examination of each student; a copy of the certificate of
completion of each student who passed the course; and the names, addresses and
telephone numbers of the person(s) who taught the course and proctored the
examination. Said records shall be made available for inspection upon the
request of the Director or his or her representative and retained for a period
of ten years by the Licensed Training Provider, as required by
454 CMR
22.13(3).
(d) Notify the Director in writing of any
change in the course content, training aids used, facility utilized or other
matters which would alter the instruction from that originally submitted for
licensure. Minor changes in agenda, such as guest speakers (if otherwise
qualified) and course schedule are excepted.
(e) Utilize and distribute information or
training materials furnished by the Department.
(f) Where non-English-speaking students are
trained, provide written course materials, oral instruction and a written
examination to each student in a language in which he or she is
fluent.
(g) Provide to the Director
within ten calendar days of the conclusion of each initial and refresher
training course, the title of the course, the date(s) on which the course was
provided and the name, address, digital photograph and examination score of
each student who has attended the course.
(h) Attend any "train the trainer" seminars
required by the Department.
(7)
Written
Examination. The Director retains the right to administer, or to
have a third party administer, a written examination of his or her own choosing
to students of training providers licensed under 454 CMR 22.07.
(8)
Course Audits.
Licensed Training Providers shall allow auditing inspections of training
courses by the Director or his or her representative. Where training courses
are offered outside the Commonwealth, the Training Provider shall, at the
Department's option, bear the costs to the Department for one course audit per
year for each course for which approval is granted pursuant to 454 CMR
22.07(4). Said costs shall include two-way travel and food and lodging expenses
for one individual for the entire length of each course. In
lieu of visitation, the Training Provider may, at the
Director's option, be required to submit to the Department a video-taped
recording of a training course for review and evaluation.
