Current through Register Vol. 39, No. 6, September 16, 2024
(a) Pursuant to
Rule .0902 of this Section, applicants for certification and certification
renewal are required to successfully complete training courses accredited by
the Program. Training courses:
(1) Taught in
locations other than North Carolina and accredited by US EPA or by a state with
a US EPA authorized program shall be deemed accredited for certification
purposes of the Program;
(2) Taught
in North Carolina and accredited by a state, tribe, or territory that has a
written reciprocating agreement with the Program shall meet the requirements of
Paragraphs (b), (c), (e), (g), and (h) of this Rule to be accredited by the
Program;
(3) Taught in North
Carolina, other than those covered in Subparagraphs (2) and (4) of this
Paragraph, shall meet the requirements of this Rule;
(4) Taught in North Carolina prior to August
1, 2010, and accredited by US EPA or by a state with a US EPA authorized
program shall be deemed accredited for certification purposes of the
Program.
(b) A training
provider may apply for initial and refresher training course accreditation for
the following disciplines: renovator and dust sampling technician. Training
providers applying for course accreditation shall submit a completed training
course application to the Program for review and evaluation, pursuant to
Paragraph (e) of this Rule. Once a training course is accredited, any changes
in curriculum, hands-on exercises, examination, training manual or materials,
or quality control plan from the original course accreditation application
shall be submitted and approved by the Program prior to
implementation.
(c) For all
courses, the training provider shall administer a closed book examination.
Initial courses shall include a hands-on skills assessment. Initial and
refresher course examinations shall consist of a minimum of 25 multiple choice
questions.
(d) Training courses
shall be evaluated for accreditation purposes by the Program for course
administration, course length, curriculum, training methods, instructors'
teaching effectiveness, technical accuracy of written materials and
instruction, examination, and training certificate. The evaluation shall be
conducted using 40 CFR Part 745 Subpart L.
(e) Training course providers shall submit
the following for evaluation by the Program:
(1) A completed application on a form
provided by the Program, along with supporting documentation. The form and
supporting documentation shall include the following:
(A) name, address including city, state, and
zip code, and telephone number of the training provider, and name and signature
of the contact person, training manager, and principal instructor;
(B) course title, location, and the language
in which the course is to be taught;
(C) course agenda;
(D) a copy of all written instructional
material to be used;
(E) learning
or performance objectives for each topic to be taught;
(F) a copy or description of all audio/visual
materials to be used;
(G) a
description of each hands-on training activity and skills assessment, including
criteria for determining student proficiency;
(H) a description of instructional facilities
and equipment;
(I) a copy of a
sample exam with correct answers marked and exam blueprint; and
(J) a written policy for administration of
oral exams.
(2) A sample
course certificate with the following information:
(A) name and address, including city, state,
and zip code of the student;
(B)
training course title specifying "initial" or "refresher" of training course
completed;
(C) inclusive dates of
course and applicable examination;
(D) a statement that the student successfully
completed the course and hands-on skills assessment and passed the required
examination;
(E) unique certificate
number;
(F) student
photo;
(G) printed name and
signature of the training course manager and printed name of the principal
instructor;
(H) name, address
including city, state, and zip code, and telephone number of the training
provider;
(I) training course
location; and
(J) for training
courses taught in languages other than English, the certificate shall indicate
the language of the course;
(3) A list of accredited lead training
courses being offered for certification;
(4) A list of instructors who will teach in
North Carolina and their qualifications in accordance with
40 CFR
745 Subpart L Subsection .225(c)(2);
and
(5) A copy of the course
quality control plan that meets the requirements of
40 CFR
745 Subpart L Subsection
.225(c)(9).
(f) An
application for course accreditation by the Program shall be processed as
follows:
(1) The Program shall review the
application and supporting documentation and advise the applicant of any
deficiencies. If the deficiencies are not corrected within 12 months from the
date of application, the application and any supporting documentation shall be
returned to the applicant and the applicant shall re-submit a completed
application. Approval of submitted documentation does not constitute course
accreditation;
(2) If the submitted
documentation meets all applicable requirements of this Rule, the Program shall
notify the applicant of this and also advise the applicant that it may contact
the Program to schedule an on-site audit. The on-site audit shall be of a class
of at least two student attendees and taught in North Carolina;
(3) If the Program determines, as a result of
the on-site audit, that the training course meets all applicable requirements
of this Rule, it shall issue course accreditation. If the course does not meet
these requirements, the Program shall notify the applicant of the deficiencies
and advise the applicant that it may request one additional on-site audit,
which shall be held no more than six months from the date of the first audit;
and
(4) If the Program determines,
as the result of the second audit, that the training course meets all
applicable requirements of this Rule, it shall issue course accreditation. If
the course does not meet all these requirements, the Program shall notify the
applicant of the deficiencies, return all the application materials, and advise
the applicant that it may not reapply for course accreditation for the audited
course for a period of six months from the date of the last audit.
(g) Training course providers
shall perform the following in order to maintain accreditation of all initial
and refresher courses:
(1) Issue a certificate
of training meeting the requirements of Subparagraph (e)(2) of this Rule to any
student who successfully completes the required training and the hands-on
skills assessment, and passes the applicable examination;
(2) Submit to the Program written notice of
intention to conduct a training course for North Carolina lead certification
purposes, if the course is to be taught in North Carolina. Notices for training
courses shall be postmarked or received 10 working days before the training
course begins. If the training course is canceled or there is a change of
instructors or course location, the training course provider shall notify the
Program at least two working days prior to the scheduled start date.
Notification of intent to conduct a training course shall be made using a form
provided by the Program and shall include the following:
(A) training provider name, address including
city, state, and zip code, telephone number, and contact person;
(B) training course title;
(C) inclusive dates of course and applicable
exam;
(D) start and completion
times;
(E) location of the course
facility and directions to the course facility;
(F) language in which the course is taught;
and
(G) signature of the training
manager;
(3) Notify the
Program, in writing, at least 10 working days prior to the scheduled course
start date, of any changes to course length, training methods, training
certificate, or training course manager;
(4) Submit to the Program information and
documentation for any course accredited pursuant to this Rule if requested by
the Program;
(5) Ensure that all
training courses covered under this Rule meet the requirements of 40 CFR Part
745 Subpart L, Subsection .225(c), (d), and (e) and the following requirements:
(A) the instructor must follow the curriculum
that was approved by the Program, US EPA, or a state, tribe, or territory with
whom the Program has a reciprocity agreement. The schedule may be adjusted, but
all curriculum elements shall be covered;
(B) all initial and refresher training
courses shall have a maximum of 30 students;
(C) a day of training shall include at least
eight training hours;
(D) a
training course shall be completed within a two-week period;
(E) instructor ratio for hands-on training
shall be no more than 10 students per instructor;
(F) all course materials shall be in the
language in which the course is being taught;
(G) each training course shall be discipline
specific;
(H) students shall be
allowed to take an examination no more than twice for each course. The exam
used for retesting shall be different from the previous exam. After two
failures, the student shall retake the full course before being allowed to
retest; and
(I) training providers
shall provide examination security to prevent student access to the examination
materials before and after the exam. Training providers shall take measures to
preclude cheating during the exam, such as providing space between students,
prohibiting talking, and monitoring students throughout the exam.
(6) Verify, by photo
identification, the identity of any student requesting training;
(7) Submit a completed renewal application on
a form provided by the Program for each course accredited by the Program, and
taught in North Carolina, for which the training provider is seeking
renewal;
(8) Conduct work practice
and worker protection demonstrations and hands-on exercises presented in all
training courses covered under this Rule in accordance with Rule .0906 of this
Section and 29 CFR
1926.62, which is hereby incorporated by
reference, including any subsequent amendments and editions; and
(9) Teach the course at least once every five
years in North Carolina.
(h) Training course providers shall permit
Program representatives to attend, evaluate and monitor any training course,
take the course examination, and have access to records of training courses
without charge or hindrance to the Program for the purpose of evaluating
compliance with these Rules. The Program shall perform periodic and unannounced
on-site audits of training courses.
(i) In accordance with
G.S.
130A-23, the Program may suspend, revoke, or
deny accreditation for a training course for any violation of G.S. 130A,
Article 19B or the Rules of this Section and shall revoke accreditation upon
revocation of accreditation by the US EPA or by any state with a US EPA
authorized accreditation program. The Program shall also revoke course
accreditation for all courses taught by a training provider upon a finding that
the training course provider has issued one or more certificates to an
individual who did not actually attend the course, successfully complete the
hands-on exercises, and pass the examination. When course accreditation is
revoked for improper issuance of certificates, the training course provider is
not eligible for reaccreditation for a period of 36 months from the date of
revocation.
Authority
G.S.
130A-453.26;
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.
