Mississippi Administrative Code, Chapter 9, Rule 11-2-9.4 - Certification of Individuals and Firms Engaged in Lead-Based Paint Activities: Target Housing and Child-Occupied Facilities | Mississippi Administrative Code

A. Certification of Individuals.

(1) Individuals seeking certification by the Commission to engage in lead-based paint activities must either:

(a) Submit to the Commission an application demonstrating that they meet the requirements established in paragraphs B. thru H. of this Rule for the particular discipline for which certification is sought; or

(b) Submit to the Commission an application with a copy of a valid lead-based paint activities certification from a State or Tribal program that has been authorized by EPA and has established accreditation and certification reciprocity agreements with the State of Mississippi covering the certification being requested.

(2) Following the submission of an application provided by the Department demonstrating that all the requirements of this rule have been met, and the required fee, the Commission shall certify an applicant as an inspector, risk assessor, supervisor, project designer, renovator, dust sampling technician, or abatement worker, as appropriate.

(3) Upon receiving certification by the Commission, individuals conducting lead-based paint activities shall comply with the work practice standards for performing the appropriate lead-based paint activities as established in Rule 9.5.

(4) Individuals receiving certification by the Commission must have their current Mississippi certification certificate with them at the work site.

(5) Beginning on the date of adoption, it shall be a violation of these regulations for an individual to conduct any of the lead-based paint activities described in Rule 9.5 if that individual has not been certified by the Commission pursuant to this rule to do so.

B. Inspector.

(1) To become certified as an inspector, an individual must:

(a) Have a high school diploma or its equivalent;

(b) Successfully complete an accredited training program for lead-based paint inspectors;

(c) Pass the EPA approved inspector certification exam offered by the Commission; and

(d) Demonstrate to the satisfaction of the Commission that the applicant is familiar with and capable of complying with all applicable federal and state laws and regulations.

(e) The inspector certification exam must be passed with a minimum score of 70[CENT] within six (6) months of receiving the course completion certificate. During this six (6) months, the certification exam can be taken no more than three (3) times. If an individual does not pass the certification exam and receive a certificate within the six (6) month period after receiving their course completion certificate, the individual must retake the course from an accredited training program before reapplying for certification from the Commission.

C. Risk Assessor.

(1) To become certified as a risk assessor an individual must:

(a)

(1) Be a registered professional engineer or a licensed architect; or

(2) Have a bachelor's degree in a profession related to engineering, health or environmental science and one (1) year of experience in a related field, as determined by the Commission (e.g., lead, asbestos, or environmental remediation work); or

(3) Have an associate's degree and two (2) years of experience in a related field, as determined by the Commission (e.g., lead, asbestos, or environmental remediation work); or

(4) Have a high school diploma or equivalent and three (3) years of experience in a related field, as determined by the Commission (e.g., lead, asbestos, or environmental remediation work);

(b) Successfully complete an accredited training program for lead-based paint risk assessors and lead-based paint inspectors;

(c) Pass the EPA approved risk assessor certification exam offered by the Commission;

(d) Demonstrate to the satisfaction of the Commission that the applicant is familiar with and capable of complying with all applicable federal and state laws and regulations; and

(e) The risk assessor certification exam must be passed with a minimum score of 70[CENT] within six (6) months of receiving the course completion certificate. During this six (6) months, the certification exam can be taken no more than three (3) times. If an individual does not pass the certification exam and receive a certificate within the six (6) month period after receiving their course completion certificate, the individual must retake the course from an accredited training program before reapplying for certification from the Commission.

D. Supervisor.

(1) To become certified as a supervisor, an individual must:

(a) Have a high school diploma or its equivalent and one (1) year of experience as a certified lead-based paint abatement worker or two (2) years of experience in a related field, as determined by the Commission (e.g., lead, asbestos, or environmental remediation work) or in the building trades;

(b) Successfully complete an accredited training program for lead-based paint supervisors;

(c) Pass the EPA approved supervisor certification exam offered by the Commission; and

(d) Demonstrate to the satisfaction of the Commission that the applicant is familiar with and capable of complying with all applicable federal and state laws and regulations;

(e) The supervisor certification exam must be passed with a minimum score of 70[CENT] within six (6) months of receiving the course completion certificate. During this six (6) months, the certification exam can be taken no more than three (3) times. If an individual does not pass the certification exam and receive a certificate within the six (6) month period after receiving their course completion certificate, the individual must retake the course from an accredited training program before reapplying for certification from the Commission.

E. Project Designer.

(1) To become certified as a project designer an individual must:

(a)

(1) Be a registered professional engineer or a licensed architect; or

(2) Have a bachelor's degree in engineering, architecture or a profession related to engineering or architecture and one (1) year of experience in building design or a related field, as determined by the Commission; or

(3) Have an associate's degree and two (2) years of experience in building design or a related field, as determined by the Commission; or

(4) Have a high school diploma or equivalent and three (3) years of experience in building design or a related field, as determined by the Commission.

(b) Successfully complete an accredited training program for lead-based paint project designers and lead-based paint supervisors; and

(c) Demonstrate to the satisfaction of the Commission that the applicant is familiar with and capable of complying with all applicable federal and state laws and regulations.

F. Worker.

(1) To become certified as an abatement worker an individual must:

(a) Successfully complete an accredited training program for lead-based paint abatement workers; and

(b) Demonstrate to the satisfaction of the Commission that the applicant is familiar with and capable of complying with all applicable federal and state laws and regulations.

(2) An individual working on renovation projects as a worker does not have to be certified but must be trained by a certified renovator to perform the required renovation work duties.

G. Renovator.

(1) To become certified as a renovator, an individual must:

(a) Have a high school diploma or its equivalent and one (1) year of experience as a certified lead-based paint abatement worker or two (2) years of experience in a related field, as determined by the Commission (e.g., lead, asbestos, or environmental remediation work) or in the building trades;

(b) Successfully complete an accredited training program for lead-based paint renovators;

(c) Demonstrate to the satisfaction of the Commission that the applicant is familiar with and capable of complying with all applicable federal and state laws and regulations;

(d) Individuals who have successfully completed an accredited abatement worker or supervisor course, or individuals who successfully completed an EPA, HUD, or EPA/HUD model renovation training course before October 4, 2011 may take an accredited refresher renovator training course in lieu of the initial renovator training course to become a certified renovator.

(2) Renovator responsibilities. Certified renovators are responsible for ensuring compliance with paragraph F.(2) of Rule 9.5 at all renovations to which they are assigned. A certified renovator must:

(a) Perform all of the tasks described in paragraph F.(2)(b) of Rule 9.5 and must either perform or direct workers who perform all of the tasks described in paragraph F.(2)(a) of Rule 9.5;

(b) Provide training to workers on the work practices required by F.(2)(a) of Rule 9.5 that they will be using in performing their assigned tasks;

(c) Be physically present at the work site when the signs required by paragraph F.(2)(a)(1) of Rule 9.5 are posted, while the work area containment required by paragraph F.(2)(a)(2) of Rule 9.5 is being established, and while the work area cleaning required by paragraph F.(2)(a)(5) of Rule 9.5 is performed;

(d) Regularly direct work being performed by other individuals to ensure that the work practices are being followed, including maintaining the integrity of the containment barriers and ensuring that dust or debris does not spread beyond the work area;

(e) Be available, either on-site or by telephone, at all times that renovations are being conducted;

(f) When requested by the party contracting for renovation services, use an acceptable test kit to determine whether components to be affected by the renovation contain lead-based paint;

(g) Have with them at the work site their current Mississippi renovator certification certificate; and

(h) Prepare the records required by paragraphs F.(3)(b)(1) and (6) of Rule 9.5.

H. Dust Sampling Technician.

(1) To become certified as a dust sampling technician an individual must:

(a) Have a high school diploma or its equivalent;

(b) Successfully complete an accredited training program for lead-based paint dust sampling technicians; and

(c) Demonstrate to the satisfaction of the Commission that the applicant is familiar with and capable of complying with all applicable federal and state laws and regulations.

(d) Individuals who have successfully completed an accredited lead-based paint inspector or risk assessor course before October 4, 2011, may take an accredited refresher dust sampling technician course in lieu of the initial training to become a certified dust sampling technician. Individuals who are currently certified as lead-based paint inspectors or risk assessors may act as certified dust sampling technicians without further training.

(2) Dust sampling technician responsibilities. When performing optional dust clearance sampling under paragraph F.(2)(c) of Rule 9.5, a certified dust sampling technician must:

(a) Collect dust samples in accordance with paragraph E.(8) of Rule 9.5,

(b) Send the collected samples to a laboratory recognized by EPA under TSCA Section 405(b), and

(c) Compare the results to the clearance levels in accordance with paragraph A.(4) of Rule 9.5.

(d) Have with them at the work site a copy of their current Mississippi dust sampling technician certification certificate.

I. Documents.

(1) The following documents shall be recognized by the Commission as evidence of meeting the requirements listed in paragraphs B. thru F. of this Rule.

(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.

J. Certification Based on Prior Training.

(1) Any individual who received risk assessor, inspector, project designer, supervisor, or worker lead based paint activity training between October 1, 1990, and August 31, 1998, shall be eligible for certification by the Commission under the alternative procedures contained in this paragraph. Individuals who have received lead-based paint activities training at an EPA-authorized State or Tribal accredited training program shall also be eligible for certification by the Commission under the following alternative procedures.

(a) Applicants for certification as an inspector, risk assessor, or supervisor shall:

(1) Show proof that the applicant has successfully completed training for the appropriate discipline.

(2) Show proof that the applicant meets or exceeds the education and/or experience requirements in paragraphs B. thru D. of this rule for the appropriate discipline.

(3) Successfully complete an accredited refresher training course for the appropriate discipline.

(4) Pass a certification exam administered by the Commission for the appropriate discipline.

(b) Applicants for certification as an abatement worker or project designer shall:

(1) Show proof that the applicant has successfully completed training for the appropriate discipline,

(2) Show proof that the applicant meets the education and/or experience requirements in paragraph E. or F. of this rule as applicable; and

(3) Successfully complete an accredited refresher training course for the appropriate discipline.

(2) Individuals shall have until February 1, 1999, to apply to the Commission for certification under the above procedures. After that date, all individuals wishing to obtain certification must do so through the procedures described in paragraphs A. thru H. of this rule, according to the discipline for which certification is sought.

K. Re-Certification.

(1) To maintain certification in the project designer, inspector, risk assessor, renovator, dust sampling technician, supervisor and abatement worker disciplines, the certified individual shall apply to and be re-certified by the Commission in that discipline every three (3) years.

(2) An individual shall be re-certified if the individual successfully completes the appropriate accredited refresher training course and submits the appropriate refresher course completion certificate, the appropriate application and fee.

L. Certification of Firms.

(1) Beginning on the date of adoption, all firms which perform or offer to perform any of the lead-based paint activities described in Rule 9.5 must be certified by the Commission.

(2) A firm seeking certification shall submit to the Commission: a completed application provided by the Department; a letter 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 Rule 9.5 for conducting lead-based paint activities; and the required fee.

(3) After receiving the firm's application, letter requesting certification, and the required certification fee, the Commission shall have 90 days to approve or disapprove the firm's request for certification. Within that time, the Commission shall respond with either a certificate of approval or a letter describing the reasons for disapproval.

(4) The firm shall maintain all records pursuant to the requirements in Rule 9.5.

(5) To maintain their certification, firms must renew their certification license annually by submitting the required application and renewal fee.

(6) A firm must amend its certification within 90 days of the date a change occurs to the information included in the firm's most recent certification application. To amend a certification, a firm must submit a completed "Application for Firms" signed by an authorized agent of the firm, noting on the form that it is submitted as an amendment and indicating the information that has changed. The firm must also pay the correct amount of fees.

(7) Firm responsibilities. Firms performing renovations must ensure that:

(a) All individuals performing renovation activities on behalf of the firm are either certified renovators or have been trained by a certified renovator in accordance with paragraph G.(2) of this rule.

(b) A certified renovator is assigned to each renovation performed by the firm and discharges all of the certified renovator responsibilities identified in paragraph G.(2) of this rule.

(c) All renovations performed by the firm are performed in accordance with the work practice standards in paragraph F.(2) of Rule 9.5.

(d) The pre-renovation education requirements of paragraph F.(4) of Rule 9.5 have been performed. Requires distribution of pamphlet Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools.

(e) The recordkeeping requirements of paragraph F.(3) of Rule 9.5 are met.

M. Suspension, Revocation, and Modification of Certifications of Individuals Engaged in Lead-Based Paint Activities.

(1) The Commission may, after notice and opportunity for hearing, suspend or 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 at Rule 9.5.

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

N. Suspension, Revocation, and Modification of Certifications of Firms Engaged in Lead-Based Paint Activities.

(1) The Commission 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 Rule 9.5.

(c) Misrepresented facts in its letter of application for certification to the Commission.

(d) Failed to maintain required records.

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

O. Procedures for Suspension, Revocation, or Modification of the Certification of Individuals or Firms.

(1) If the Commission 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 individual or 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 Commission action to suspend, revoke, or modify certification.

(e) Any additional information, as appropriate, which Commission may provide.

(2) If a hearing is requested by the certified individual or firm, all proceedings and hearings before the Commission shall be conducted in accordance with Sections 49-17-31 through 49-17-41, Mississippi Code of 1972.

P. Type and Duration of Certificates

(1) Certification of Individuals (Inspectors, Risk Assessors, Project Designers, Supervisors, Renovators, Dust Sampling Technicians and Abatement Workers). Unless the Commission revokes or suspends a certificate, an initial certificate shall remain in effect during the period of time training is effective, but not to exceed one (1) year after the date of issuance. To maintain certification in a particular discipline an individual must comply with the following requirements:

(a) Each certificate must be renewed annually during the period of required training.

(b) Refresher training must be successfully completed in each discipline every three (3) years following successful completion of the initial training course.

(2) Certification of Firms

Unless the Commission revokes or suspends a certificate, the initial certificate shall remain in effect for a period of one (1) year. To maintain certification, the certification license must be renewed annually.

Q. Reciprocity

Any person who has been issued a certificate in another state or a tribe which has certification, educational, and experience requirements equal to or greater than those of this State, and which grants equal certification privileges to persons certified in this State, may be issued a certificate in this State upon terms and conditions determined by the Department.