Current through September 18, 2024
11.4.1
Persons Required to be Licensed
or Certified
A. Persons who offer or
conduct any lead training course for the purpose of licensure or certification
as a lead professional in Rhode Island require a certification from the
Department, in accordance with §
11.3 of this Part, for each
lead training course.
B. The lead
professional license requirements of this Part are applicable to those
organizations, including sole proprietorships and self-employed individuals,
applying to be licensed as a:
1. Lead
Renovation Firm; or
2. Lead
Contractor.
C. The lead
professional license requirements of this Part are applicable to those
individuals applying to be licensed as a:
1.
Lead Supervisor;
2. Lead
Worker;
3. Lead
Inspector;
4. Lead
Inspector-in-Training; or
5. Lead
Assessor.
11.4.2
General Requirements
A. No person shall perform or offer to
perform any lead professional services unless that person is specifically
trained, certified, licensed, and/or approved by the Department to do
so.
B. No person shall employ
another person to perform any lead professional services unless that person is
specifically trained, certified, licensed, and/or approved by the Department to
do so.
C. Any person licensed by
the Department to perform lead professional services shall include their
applicable license number in all offers and/or advertisements to perform those
services.
11.4.3
Lead Professional Licenses
A. Pursuant
to the provisions of the Act and the Department's delegation of authority from
EPA, the Department shall issue a license or certification to an applicant who
the Department determines meets the requirements of this Part.
B. The Department may, at any time after the
filing of an application, require further information in order to determine
whether the applicant meets the requirements of this Part.
C. The Department may deny an application for
licensure pursuant to this Part if the Department determines that the applicant
has not complied with or has not demonstrated the ability to comply fully with
all applicable requirements established by the Act and/or this Part. If the
applicant appeals the denial, a hearing will be scheduled in accordance with
the provisions of § 3.6.11 of this Subchapter.
D. Upon request by the Department, applicants
shall provide the Department with proof of identity prior to issuance of the
initial license. Acceptable proof of identity includes a current State driver's
license, valid State photo identification card, or current passport.
E. An initial Lead Contractor, Lead
Supervisor, Lead Worker, Lead Inspector, Lead Inspector-in-Training, or Lead
Assessor license issued by the Department will expire on the last day of the
month at the end of the two (2) year license term after the date of issuance,
unless sooner surrendered, suspended, or revoked.
F. A Lead Contractor, Lead Supervisor, Lead
Worker, Lead Inspector, Lead Inspector-in-Training, or Lead Assessor license
renewed by the Department will expire on the anniversary date of the initial
license expiration at the end of the two (2) year license term, unless sooner
surrendered, suspended, or revoked.
G. An initial Lead Renovation Firm license
issued by the Department will expire on the last day of the month at the end of
the five (5) year license term after the date of issuance, unless sooner
surrendered, suspended, or revoked.
H. A Lead Renovation Firm license renewed by
the Department will expire on the anniversary date of the initial license
expiration at the end of the five (5) year license term, unless sooner
surrendered, suspended, or revoked.
I. A Lead Renovator certification from an
in-person training course will expire five (5) years after the end date of the
lead training course, unless sooner surrendered or decertified. A Lead
Renovator certification from an online training course will expire three (3)
years after the end date of the lead training course, unless sooner surrendered
or decertified.
1. Lead Renovators who utilize
online review training must alternate with in person hands on training. Lead
Renovators can only take the online certification training every other time
they are trained.
J. The
Department may restrict, limit, suspend, or revoke a Department-issued lead
professional license or certification for failure to comply with the
requirements of this Part. A person whose license or certification is
restricted, limited, suspended, or revoked may request a hearing in accordance
with the administrative procedures contained in § 3.6.11 of this
Subchapter.
11.4.4
Lead Training Courses Applicants shall complete an appropriate
lead training course prior to submission of an application for a lead
professional license.
11.4.5
Department License Examinations
A. Applicants for a Lead Contractor, Lead
Supervisor, or Lead Inspector/Lead Inspector-in-Training license shall pass a
license-specific Department examination prior to submission of an initial
license application.
B. Applicants
for a Department examination, including repeating a failed examination, shall
register for the examination with the Department, or its third
(3rd) party vendor, and provide the following on or
before taking any examination:
1. Proof of
identity in the form of a current State driver's license, valid State photo
identification card, or current passport; and
2. Documentation of any prerequisites,
including successful completion of the required lead training
course.
11.4.6
Fees All fees for applications and examinations are established in
the Rules and Regulations Pertaining to the Fee Structure for Licensing,
Laboratory and Administrative Services provided by the Department of Health
(Part 10-05-2 of this Title). All fees are non-refundable.
11.4.7
Penalties Any person who
owes an administrative fine or penalty imposed by a final order of the
Department shall submit payment of the fine or penalty in full as a condition
of licensure.
11.4.8
Initial
License for Lead Professional Applicants for an initial lead
professional license shall submit all information specified on the Department's
initial license application form and accompanying instructions.
11.4.9
License Renewal
A. Applicants for a lead professional license
renewal shall submit all information specified on the Department's renewal
application form and accompanying instructions.
B. The renewal application must be submitted
for review and approval by the Department at least thirty (30) days prior to
the expiration of the current license.
C. A renewal application received after the
license expiration date but less than twelve (12) months beyond its expiration
date requires an additional late fee.
D. A lead professional license more than
twelve (12) months beyond the expiration date is not eligible for renewal but
may be reinstated. Reinstatements must be done in a manner approved by the
Department.
11.4.10
License Replacement
A. Applicants
for replacement of a lost or damaged lead professional license shall submit all
requirements specified on the Department's license profile change form,
available on the Department's website.
B. Replacement fees are established in the
Rules and Regulations pertaining to the Fee Structure for Licensing, Laboratory
and Administrative Services provided by the Department of Health (Part 10-05-2
of this Title). All fees are non-refundable.
11.4.11
Notification of Changes
A. A lead professional licensee, whose name
(e.g. maiden to married), address, or contact information changes during the
license term, shall notify the Department in writing within thirty (30) days of
the change(s).
B. A lead
professional licensee shall submit an amended license application, for review
and approval by the Department, before making any other change(s) that would
render the information contained in a previous application no longer
accurate.
C. There is no fee for
notification of the changes or amendments required in §§ 11.4.11(A)
or (B) of this Part.
D. Any lead
professional licensee, whose ownership, business organization (e.g. sole
proprietorship to corporation), social security number (SSN), or Federal
employer identification number (FEIN) changes, is considered to be a new legal
entity who shall surrender their current license and submit an appropriate
initial license application to the Department with the application fee
established in the Rules and Regulations Pertaining to the Fee Structure for
Licensing, Laboratory and Administrative Services Provided by the Department of
Health (Part 10-05-2 of this Title).