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 295.209 - Lead Abatement Project Designer: Certification Requirements
Universal Citation: 25 TX Admin Code ยง 295.209
Current through Reg. 49, No. 38; September 20, 2024
(a) Certification requirements. A person must be certified by the department as a lead abatement project designer to engage in such activity in 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 abatement project designers:
(1) successfully complete a lead abatement
supervisor training course, unless currently certified as a lead abatement
supervisor in Texas, and receive a course completion certificate from a
department-accredited training program provider;
(2) successfully complete a lead abatement
project designer training course and receive a course completion certificate
from a department-accredited training program provider; and
(3) meet or exceed the following additional
education and/or experience requirements:
(A)
a bachelor's degree in engineering, architecture, or a related profession, and
one year of experience in building construction and design or a related field;
or
(B) four years of experience in
building construction and design or a related field.
(4) submit a complete application for lead
abatement project designer certification to the department on a
department-issued form and pay the appropriate certification fee within one
year of successfully completing the original lead abatement supervisor and lead
abatement project designer training courses.
(A) A person who fails to submit a complete
lead abatement project designer certification application within one year of
completing the required courses will be required to additionally complete lead
abatement supervisor and lead abatement project designer 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 abatement supervisor and lead abatement project
designer refresher training courses, within one year of completing these
refresher courses.
(B) If the
applicant has not submitted a complete lead abatement project designer
certification application within three years of completing the original lead
abatement supervisor and lead abatement project designer training courses,
including documentation of any additionally required refresher training courses
as per subsection (b)(4)(A) of this section, the person will again be subject
to the certification requirements of subsection (b) of this section in order to
be granted certification.
(c) Responsibilities. The certified lead abatement project designer shall be responsible for the following:
(1) comply with standards of operation,
including EPA and OSHA regulations;
(2) prepare a written abatement project
design(s);
(3) develop a written
occupant protection plan as described in §
295.212(d)(5)
of this title;
(4) prepare a
written abatement report as described in §
295.212(d)(11)
of this title; and
(5) cooperate
with department personnel in the discharge of their official duties to conduct
inspections and investigations, as described in §
295.218
of this title (relating to Compliance: Inspections and
Investigations).
(d) Application for certification renewal. To become re-certified, the certified lead abatement project designer must successfully complete lead abatement supervisor and lead abatement project designer refresher training courses from a department-accredited training provider no sooner than 180 days prior to the project designer's certification expiration date and follow the procedures contained in § 295.205 of this title (relating to Certification: Applications, Denials, and Renewals).
(1) If the certified lead abatement project
designer currently possesses department-certification as a lead abatement
supervisor, the 180-day limitation does not apply to taking the lead abatement
supervisor refresher course. However, the 180-day limitation must still be met
for renewing a lead abatement supervisor certification as required in §
295.208(e)
of this title (relating to Lead Abatement Supervisor: Certification
Requirements).
(2) 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.
(3) To maintain certification, the certified
lead abatement project designer 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 abatement project
designer 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
abatement project designer's certification period.
(e) Fees.
(1) Two-year certifications. Effective
January 1, 2005, the fee for a two-year lead abatement project designer
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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
