Current through all regulations passed and filed through September 16, 2024
(A) To apply for a
license as a clearance technician, lead inspector, lead risk assessor, lead
abatement contractor, lead abatement worker, or lead abatement project designer
an individual shall:
(1) Submit a complete
application to the director, on forms prescribed by the director, for each
discipline in which the applicant desires to receive a license;
(2) Individuals that submit with their
applications, proof that they are a service member or veteran, or the spouse or
surviving spouse of a service member or veteran will receive priority expedited
licensure processing. Their applications will be reviewed within five business
days of receipt and before all other applications for licensure.
(a) The acceptable proof of service
member/veteran status documents are:
(i)
Department of defense identification card (active, retired, temporary
disability retirement list (TDRL));
(ii) DD214 military discharge certificate
indicating disposition of discharge;
(iii) Report of separation from the national
archives national personnel records center in St. Louis, Missouri; or
(iv) Veterans identification card from the
department of veterans affairs.
(b) All acceptable proof documents, except
veterans identification card, must show the veteran status as honorable,
general, general under honorable conditions, or discharged or released under
conditions other than dishonorable.
(3) Pay to the director the following
non-refundable, biennial license fee by check or money order payable to
"Treasurer, State of Ohio":
(a) For a
clearance technician license, two hundred fifty dollars;
(b) For a lead inspector license, two hundred
fifty dollars;
(c) For a lead risk
assessor license, two hundred fifty dollars;
(d) For a lead abatement worker license,
fifty dollars;
(e) For a lead
abatement contractor license, five hundred dollars; or
(f) For a lead abatement project designer
license, five hundred dollars.
(4) Pass any required examination;
and
(5) Comply with any procedure
the director has in place to implement a system under which a license contains
picture identification.
(B) An individual who is licensed, certified,
or otherwise approved under the laws of another state to perform functions
substantially similar to those of a lead abatement contractor, lead inspector,
clearance technician, lead risk assessor, lead abatement project designer, or
lead abatement worker may apply to the director for licensure.
(1) The director shall license the applicant
upon a determination that the standards for licensure or approval in the other
state are substantially equivalent to those established by Chapter 3742. of the
Revised Code and Chapter 3701-32 of the Administrative Code, and upon payment
of the fee set forth in paragraph (A) (3) of this rule.
(2) The director may require the applicant to
pass an examination before licensing the applicant under this
paragraph.
(3) Individuals licensed
under this paragraph are subject to the same duties and requirements for
renewal as other individuals licensed pursuant to Chapter 3742. of the Revised
Code and Chapter 3701-32 of the Administrative Code.
(C) In the case of an applicant for an
initial lead activity license, the director shall:
(1) Notify the applicant of any deficiency,
or needed modification to the application, or both; and
(2) Notify the applicant of the approval of
the application for licensure within thirty calendar days of the date the
applicant complies with the requirements of Chapter 3701-32 of the
Administrative Code.
(D)
To qualify for an initial lead activity license, an individual shall:
(1) Successfully complete the initial course
of instruction specific to the license for which the individual is applying. An
individual is exempt from taking the course of instruction, approved by the
director pursuant to section
3742.08 of the Revised Code and
rule 3701-82-01 of the Administrative
Code, if the individual meets one of the following:
(a) The individual is certified by the
American board of industrial hygiene as an industrial hygienist or as an
industrial hygienist-in-training; or
(b) The individual is registered as a
sanitarian or sanitarian-in-training pursuant to Chapter 4736. of the Revised
Code.
(2) Meet any of
the following experience requirements:
(a) If
applying for a lead risk assessor license, the individual shall meet or exceed
one of the following:
(i) Be certified,
licensed, or registered as an industrial hygienist, engineer, architect, or
possess certification in a related field;
(ii) Have a bachelor's degree from an
accredited college or university and
one
year of experience in lead, asbestos, other
environmental remediation work, or building construction;
(iii) Have an associates degree from an
accredited college or university and two years experience in lead, asbestos,
other environmental remediation work, or building construction; or
(iv) Have a high school diploma or equivalent
and three years experience in lead, asbestos, other environmental remediation
or building construction.
(b) If applying for a lead abatement
contractor license, the individual shall have:
(i) At least one year experience as a lead
abatement worker; or
(ii) At least
two years experience in asbestos, lead abatement, radon or other environmental
remediation or building construction.
(c) If applying for lead abatement project
designer license, the individual shall meet or exceed one of the following:
(i) Have a bachelor's degree in engineering,
architecture, or a related profession, and one year experience in building
construction and design or a related field; or
(ii) Have four years experience in building
construction and design or a related field.
(E) Any individual approved for
licensure pursuant to this rule, shall comply with the deadline for obtaining
their license according to this paragraph or their approval for licensure shall
expire. The deadline for obtaining the license is as follows:
(1) For any individual who has successfully
completed an approved training course in the past twelve-month period, one year
after the last day of the required training course;
(2) For any individual who is exempt from the
training requirements, one year from the date the application is approved by
the director; or
(3) For any
candidate applying for licensure pursuant to paragraph
(B) of
this rule, the expiration date of the other state's license.
(F) At the exam, the applicant
shall provide photographic proof of identity, and any other identification that
the director chooses to require, to the director or the director's designated
examination administrator upon request.
(G) To renew a license, all individuals,
except for clearance technicians, shall:
(1)
Submit a complete renewal application as prescribed by
the director;
(2) Successfully complete the appropriate
Ohio-approved refresher course within the two
year licensure period. Clearance technicians shall complete a refresher course
every fourth year from the date of their initial license.
(a) A lead abatement worker may take a lead
abatement contractor refresher course in lieu of a lead abatement worker
refresher course;
(b) A lead
abatement project designer may take a lead abatement contractor refresher in
lieu of a lead abatement project designer refresher; and
(c) A lead inspector may take a lead risk
assessor refresher course in lieu of a lead inspector refresher
course.
(3)
Submit the appropriate fee as listed in paragraph
(A)(3) of this rule.
(4)
To reinstate a license during the thirty days following
the expiration of a license, the individual shall:
(a)
Submit a complete
renewal application as prescribed by the director;
(b)
Successfully
complete the appropriate Ohio-approved refresher course required in paragraph
(G)(2) of this rule. If the individual did not successfully complete the
appropriate Ohio-approved refresher course prior to expiration of the license,
the refresher course must be successfully completed within thirty days after
expiration of the license. This refresher course cannot be used to renew the
reinstated license;
(c)
Submit the late renewal fee of one and a half times the
established fee as listed in paragraph (A)(3) of this rule.
(5)
To
reinstate a license after the first thirty days but before ninety days
following the expiration of a license, the individual shall:
(a)
Submit a complete
renewal application as prescribed by the director;
(b)
Successfully
complete the appropriate Ohio-approved refresher course required in paragraph
(G)(2) of this rule. If the individual did not successfully complete the
appropriate Ohio-approved refresher course prior to expiration of the license,
the refresher course must be successfully completed within ninety days after
the expiration of the license. This refresher course cannot be used to renew
the reinstated license;
(c)
Submit the late renewal fee of two times the
established fee as listed in paragraph (A)(3) of this rule.
(6)
Individuals who do not renew a license within ninety days
after expiration, must complete an initial license application, pay the fee
listed in paragraph (A)(3) of this rule and meet the requirements of paragraph
(D) of this rule.
(7) Submit a copy of
the Ohio-approved refresher course completion certificate, as
required;
(8) Submit a complete application, on forms prescribed
by the director, specific for renewal, and pay the biennial fee set forth in
paragraph (A)(3) of this rule; and
(9) Comply with any
procedure that the director has in place to establish proof of
identity.
(H) To replace
a license, an individual shall:
(1) Submit a
complete application to the director, on forms prescribed by the director,
specific for a replacement license; and
(2) The individual shall pay the fee for
replacement of proof of licensure by check or money order payable to the
"Treasurer, State of Ohio" as follows:
(a) For
a lead abatement contractor license, one hundred dollars;
(b) For a lead abatement project designer
license, one hundred dollars;
(c)
For a lead inspector license, fifty dollars;
(d) For a lead risk assessor license, fifty
dollars;
(e) For a lead abatement
worker license, twenty-five dollars; or
(f) For a clearance technician license, fifty
dollars.
(I)
Subject to Chapter 119. of the Revised Code, the director may refuse to issue
or renew, or may suspend or revoke a license, if the licensee or applicant for
the license:
(1) Has obtained or attempted to
obtain:
(a) Training documentation through
fraudulent means;
(b) Admission to
or completion of an approved training program through misrepresentation of
admission requirements;
(c) A
license by misrepresenting his or her qualifications to meet licensure
requirements;
(d) A license by
misrepresenting related documents pertaining to education, training,
professional registration, or experience; or by submitting fraudulent or
deceptive information on an application for licensure;
(e) A license without payment of the
licensing examination fee; or
(f) A
license by cheating on the licensure examination;
(2) Fails at any time to meet the
qualifications for a license;
(3)
Violates or has violated any provision of Chapter 3742. of the Revised Code,
Chapter 3701-32 of the Administrative Code, or federal or local lead-based
paint or lead hazard statutes or regulations;
(4) Permits another individual to duplicate
or use his or her proof of identity or licensure, evidence of training or
examination documents;
(5) Performs
lead activities without the appropriate license, or without having proof of
licensure available for inspection at the job-site;
(6) Fails to maintain required records
pursuant to Chapter 3701-32 of the Administrative Code;
(7) Interferes with an investigation
conducted pursuant to section
3742.35 of the Revised Code;
or
(8) Employs or authorizes use of
lead abatement personnel that are not licensed pursuant to this
chapter.
(J) Each
license or license renewal issued pursuant to Chapter 3701-32 of the
Administrative Code expires two years after the date of issuance.
(K) The director shall issue only one license
for each licensing discipline to any individual.
(L) Anyone licensed pursuant to rules
3701-32-05 to
3701-32-09 of the Administrative
Code shall notify the director of any change to the information submitted on
the initial or renewal application within two weeks after the change.
(M) Anyone licensed pursuant to rules
3701-32-05 to
3701-32-09 of the Administrative
Code shall carry proof of licensure on their person, or have proof of licensure
available on site when performing a lead activity.
(N)
The applicant for
a license shall provide to the director within forty-five days of the receipt
of the request, all additional requested information. If the director does not
receive the requested information within forty-five days, the director may
consider the application abandoned. Any further consideration for a new or
renewal license shall be pursuant to another application accompanied by another
nonrefundable license fee.
