Current through Register Vol. 39, No. 6, September 16, 2024
(a) No
person shall perform lead-based paint renovation activities for compensation in
target housing and child-occupied facilities until that person has been
certified by the Program in the applicable certification category.
Certification is not required for a trained renovation worker as defined by
G.S.
130A-453.22(b)(7).
(b) An applicant for certification shall
successfully complete applicable, discipline specific training courses
accredited by the Program pursuant to Rule .0904 of this Section. Successful
completion includes attendance of at least 95 percent of the course, passing
the course exam with a minimum score of 70 percent, and successful completion
of the hands-on skills assessment pursuant to
40 CFR
745, Subpart L. An applicant for initial
certification shall also meet the applicable, discipline-specific,
certification requirements in Paragraphs (c) and (d) of this Rule:
(c) To obtain dust sampling technician
certification or renewal of certification, the applicant shall meet the
following:
(1) An applicant for initial
certification shall have successfully completed an accredited initial dust
sampling technician training course within the 12 months immediately preceding
application. If initial training was completed more than 12 months prior to
application, the applicant shall have successfully completed an accredited dust
sampling technician training course at least every 60 months from the date of
the last training, and within 12 months immediately preceding the
application.
(2) An applicant shall
submit a completed dust sampling technician certification application with the
following information to the Program:
(A)
full name of the applicant;
(B)
address, including city, state, zip code, and telephone number;
(C) date of birth, sex, height, and
weight;
(D) name, address,
including city, state, zip code, and telephone number of certified renovation
firm;
(E) name of training
provider;
(F) name of training
course completed;
(G) dates of
course attended;
(H) one color
photograph of the applicant; and
(I) confirmation of completion of accredited
initial and refresher training courses, as applicable, from the training
provider. The confirmation shall be in the form of an original certificate of
completion of the accredited training course, or an original letter from the
training provider, on training provider letterhead, including the information
in Parts (A) through (G) of this Subparagraph, confirming completion of the
course.
(3) Initial dust
sampling technician certification expires on the last day of the 12 month after
training was taken.
(4) An
applicant for renewal of dust sampling technician certification shall have
successfully completed an accredited initial or refresher training course
within 48 months prior to applying for certification renewal, and shall meet
the requirements of Paragraphs (b) and (c) of this Rule. All renewal
certifications expire on the last day of the 12th month from the date of
certification. If a person fails to obtain the required training within 48
calendar months of the date of last training, that person may renew
certification only by successful completion of an accredited dust sampling
technician course and by meeting the requirements of Paragraphs (b) and (c) of
the Rule. If a person fails to obtain the required training within 60 calendar
months of the date of last training, that person may renew certification only
by successful completion of an accredited initial dust sampling technician
course and by meeting the requirements of Paragraphs (b) and (c) of this
Rule.
(d) To obtain
certification as a certified renovator or to renew certification, the applicant
shall meet the following:
(1) An applicant for
renovator certification shall have successfully completed an accredited initial
renovator training course prior to application. If initial training was
completed more than 60 months prior to application, the applicant shall have
successfully completed an accredited refresher course for the specific
discipline at least every 60 months from the date of completion of initial
training.
(2) An applicant shall
submit a completed renovator certification application with the following
information to the Program:
(A) full name of
the applicant;
(B) address,
including city, state, zip code, and telephone number;
(C) date of birth and sex;
(D) name, address, including city, state, zip
code, and telephone number of certified renovation firm;
(E) name, address, including city, state, zip
code, and telephone number of training provider that provided the
training;
(F) name of training
course completed and language in which it was taught;
(G) date(s) of course completion and
exam;
(H) confirmation of
completion of accredited initial and refresher training courses, as applicable
from the training provider. The confirmation shall be in the form of a copy of
an original certificate of completion of the accredited training course, or an
original letter from the training provider, on training provider letterhead,
including the information in Parts (A) through (G) of this Subparagraph, and
confirming completion of the course; and
(I) one color photograph of the
applicant.
(3) An
applicant for renewal of renovator certification shall have successfully
completed the required accredited refresher training course no more than 60
months prior to applying for certification renewal, and shall meet the
requirements of Paragraphs (b) and (d) of this Rule. If a person fails to
obtain the required training within 60 calendar months of the date of last
training, that person may renew certification only by successful completion of
an accredited initial renovator course and by meeting the requirements of
Paragraphs (b) and (d) of this Rule.
(e) All certified persons shall be assigned a
unique certification number by the Program.
(f) A person whose certification or
certification renewal is revoked, suspended or denied because of
misrepresentations or because of violations that create a public health threat
as defined in
G.S.
130A-475(d), shall not
reapply for certification or certification renewal before 12 months after the
effective date of the revocation, suspension, or denial and shall repeat the
initial training course and other requirements as set out in Paragraphs (b),
(c), and (d) of this Rule.
(g) The
Program may revoke, suspend or deny certification or certification renewal upon
a finding that the certified person has violated any requirement referenced in
the following provisions with regard to renovation activities, as determined by
the agencies which administer these Rules:
(1)
Department of Labor Rules found at Chapter 7, Title 13 of the North Carolina
Administrative Code;
(2) Department
of Transportation Rules found at Title 19A of the North Carolina Administrative
Code;
(3) Solid Waste Management
Rules found at Chapter 13, Title 15A of the North Carolina Administrative Code;
and
(4) NC Childhood Lead Poisoning
Prevention Program requirements found at G.S. 130A, Article 5, Part
4.
Authority
G.S.
130A-453.24;
130A-453.25;
130A-453.31;
130A-23;
Temporary
Adoption Eff. January 1, 2010;
Eff. November 1, 2010;
Pursuant to
G.S.
150B-21.3A, rule is necessary without
substantive public interest Eff. February 16,
2019.
