Texas Administrative Code
Title 25 - HEALTH SERVICES
Part 1 - DEPARTMENT OF STATE HEALTH SERVICES
Chapter 295 - OCCUPATIONAL HEALTH
Subchapter I - TEXAS ENVIRONMENTAL LEAD REDUCTION
Section 295.207 - Lead Risk Assessor: Certification Requirements
Universal Citation: 25 TX Admin Code ยง 295.207
Current through Reg. 49, No. 38; September 20, 2024
(a) Certification requirements. A person must be certified by the department as a lead risk assessor to engage in lead risk assessment or lead hazard screens of target housing and child-occupied facilities. Certifications issued by the department prior to January 1, 2005, are valid for a period of three years from the date of issue, provided that the appropriate fee is paid on time each year. Certifications issued by the department on or after January 1, 2005, are valid for a period of two years from the date of issue.
(b) Specific requirements of applicants for certification as lead risk assessors:
(1) successfully complete a lead inspector
and a lead risk assessor training course, and receive course completion
certificates from a department-accredited training program provider;
(2) pass the state certification examination
for lead risk assessors; and
(3)
meet or exceed the following additional education and/or experience
requirements:
(A) a bachelor's degree and one
year of experience in a related field (e.g. lead, asbestos, public health,
environmental remediation work, or building construction trades); or
(B) an associate's degree and two years of
experience in a related field (e.g. lead, asbestos, public health,
environmental remediation work, or building construction trades); or
(C) a high school diploma (or equivalent),
plus at least three years of experience in a related field (e.g. lead,
asbestos, public health, environmental remediation work, or building
construction trades); or
(D)
certification as an industrial hygienist, a professional engineer, a public
health nurse, a professional registered sanitarian, a certified safety
professional, a registered architect, or an environmental scientist.
(4) submit a complete application
for lead risk assessor certification to the department on a department-issued
form and pay the appropriate certification fee within six months of passing the
state certification examination.
(c) State certification examination.
(1) In order to take the certification
examination for risk assessors, an individual must first successfully complete
lead inspector and lead risk assessor courses and receive course completion
certificates from a department-accredited training provider and meet or exceed
the education and experience requirements in subsection (b)(3) of this
section.
(2) The individual shall
then register for the examination on a department-issued form prior to taking
the examination, provide copies of the lead inspector and lead risk assessor
course completion certificates with the registration form, and receive
confirmation from the department that the individual is registered for that
particular examination and examination date prior to taking the
examination.
(3) A score of at
least 70% correct must be achieved to pass the examination.
(4) An individual must achieve a passing
score on the certification examination in no more than three attempts within
six months of completing the appropriate courses.
(5) If an individual does not pass the
certification examination within six months of receiving course completion
certificates, the individual must retake the original lead inspector and lead
risk assessor courses from a department-accredited training provider and
receive course completion certificates prior to retaking the certification
examination.
(6) An examination fee
of $50 for each examination attempt shall be submitted to the department with
the department-issued examination registration form. The required fee must be
in the form of a check or money order made payable to the Texas Department of
Health. The required fee must be received by the department prior to taking the
examination. If the required fee is not received by the department prior to
taking the examination, the examination results will not be released and become
official until payment is received.
(7) Not later than the 30th day after the
date a person takes a certification examination, the department shall notify
the person of the results of the examination.
(8) A person who fails the examination shall
be allowed an opportunity immediately following their notification of the
results to analyze their performance on the examination. Further analysis of
the examination results may be provided by the department upon written request
by the examinee.
(9) A complete
lead risk assessor certification application must be received by the department
within six months of passing the lead risk assessor state examination in order
for the examination results to be eligible for consideration toward granting
certification.
(A) A person who fails to
submit a complete certification application within 6 months of passing the lead
risk assessor state examination, will be required to additionally complete lead
inspector and lead risk assessor refresher training courses from a
department-accredited training program provider and receive course completion
certificates. The individual must then submit a complete certification
application, including course completion certificates of the additionally
required lead inspector and lead risk assessor refresher training courses,
within six months of completing these refresher courses.
(B) If the applicant has not submitted a
complete lead risk assessor certification application within three years of
passing the state lead risk assessor examination, including documentation of
any additionally required refresher training courses, the person will again be
subject to the certification requirements of subsection (b) of this section in
order to be granted certification.
(d) Responsibilities. The certified lead risk assessor shall be responsible for the following:
(1) conduct a risk assessment and other lead
hazard assessment activities (such as screening a residence for lead hazard) in
target housing and child-occupied facilities;
(2) complete a written risk assessment report
as described in §
295.212(c)(11)
of this title (relating to Standards for Conducting Lead-Based Paint
Activities);
(3) interpret the
results of assessments;
(4)
identify hazard control strategies to reduce or eliminate lead
exposures;
(5) conduct
post-abatement soil and dust clearance sampling and evaluate the results;
and
(6) perform the same duties of
a certified lead inspector as specified in §
295.206(d)
of this title (relating to Lead Inspector: Certification
Requirements).
(e) Application for certification renewal. To become re-certified, the certified risk assessor must successfully complete lead inspector and lead risk assessor refresher training courses from a department-accredited training program provider no sooner than 180 days prior to the risk assessor's certification expiration date and follow the procedures contained in § 295.205 of this title (relating to Certification: Applications, Denials, and Renewals).
(1) If a certification holder makes a timely
and sufficient application for the renewal of the certification by their
current certification's expiration date, the current certification in his/her
possession does not expire until the application has been finally approved or
denied by the department. The person whose certification has been expired for
less than one year may renew their certification by complying with the
requirements of §
295.205(h)
of this title. Certifications that have been expired for a period of one year
or more beyond the three-year expiration date cannot be renewed. The person
whose certification has been expired for a period of one year or more may
become re-certified by complying with the current requirements and procedures,
including any examination requirements, for an original certification, subject
to the certification requirements of subsection (b) of this section.
(2) To maintain certification, the certified
lead risk assessor must seek re-certification by submitting a complete
certification renewal application to the department no later than 30 days
before the certification expires. If the certified lead risk assessor does not
submit an application for re-certification by that date, the application will
not be deemed timely filed and the department cannot guarantee that the
application will be reviewed and acted upon before the end of the lead risk
assessor's certification period.
(f) Fees.
(1) Two-year certifications. Effective
January 1, 2005, the fee for a two-year lead risk assessor certification shall
be $600. The fee must accompany the initial or renewal certification
application.
(2) Three-year
certifications. Three-year certifications, which were issued prior to January
1, 2005, shall remain valid for the remainder of their three-year term provided
that the annual fee of $300 is paid on time to the department. Upon expiration
of this three-year certification, a fee of $600 for a two-year renewal
certification shall be paid upon submission of a complete application. Persons
who possess a three-year certification that was issued prior to January 1,
2005, must submit an annual fee when due accompanied by a payment coupon issued
by the department. In order to retain a three-year certification for the
remainder of its term, all annual fees must be paid on time as required. Upon
payment of each annual fee, a new photo identification (ID) card will be issued
and shall be valid for the time period for which the annual fee was paid.
Failure to make a timely annual fee payment may result in the suspension of the
certification.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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