Current through Bulletin 2024-06, March 15, 2024
(1) Initial
certification.
(a) Firms that perform
renovations for compensation must apply to the director for certification to
perform renovations or dust sampling. To apply, a firm must submit to the
director a completed "Lead-Based Paint Certification Application for Firms,"
signed by an authorized agent of the firm, and pay the correct amount of
fees.
(b) After the director
receives a firm's application, the director will take one of the following
actions within 90 days of the date the application is received:
(i) The director will approve a firm's
application if the director determines that it is complete and that the
environmental compliance history of the firm, its principals, or its key
employees does not show an unwillingness or inability to maintain compliance
with environmental statutes or regulations. An application is complete if it
contains all of the information requested on the form and includes at least the
correct amount of fees. When the director approves a firm's application, the
director will issue the firm a certificate with an expiration date not more
than 5 years from the date the application is approved;
(ii) The director will request a firm to
supplement its application if the director determines that the application is
incomplete.
If the director requests a firm to supplement its
application, the firm must submit the requested information or pay the
additional fees within 30 days of the date of the request; and
(iii) The director will not
approve a firm's application if the firm does not supplement its application in
accordance with paragraph (1)(b)(ii) of this section or if the director
determines that the environmental compliance history of the firm, its
principals, or its key employees demonstrates an unwillingness or inability to
maintain compliance with environmental statutes or regulations. The director
will send the firm a letter giving the reason for not approving the
application. The director will not refund the application fees. A firm may
reapply for certification at any time by filing a new, complete application
that includes the correct amount of fees.
(2) Re-certification. To maintain its
certification, a firm must be re-certified by the director.
(a) Timely and complete application. To be
re-certified, a firm must submit a complete application for re-certification. A
complete application for re-certification includes a completed "Lead-Based
Paint Certification Application for Firms" which contains all of the
information requested by the form and is signed by an authorized agent of the
firm, noting on the form that it is submitted as a re-certification. A complete
application must also include the correct amount of fees.
(i) An application for re-certification is
timely if it is postmarked 90 days or more before the date the firm's current
certification expires. If the firm's application is complete and timely, the
firm's current certification will remain in effect until its expiration date or
until the director has made a final decision to approve or disapprove the
re-certification application, whichever is later.
(ii) If the firm submits a complete
re-certification application less than 90 days before its current certification
expires, and the director does not approve the application before the
expiration date, the firm's current certification will expire and the firm will
not be able to conduct renovations until the director approves its
re-certification application.
(iii)
If the firm fails to obtain re-certification before the firm's current
certification expires, the firm must not perform renovations or dust sampling
until it is certified anew pursuant to paragraph (1), of this
section.
(b) Director's
action on an application. After the director receives a firm's application for
re-certification, the director will review the application and take one of the
following actions within 90 days of receipt:
(i) The director will approve a firm's
application if the director determines that it is timely and complete and that
the environmental compliance history of the firm, its principals, or its key
employees does not show an unwillingness or inability to maintain compliance
with environmental statutes or regulations. When the director approves a firm's
application for re-certification, the director will issue the firm a new
certificate with an expiration date not more than 5 years from the date that
the firm's current certification expires.
(ii) The director will request a firm to
supplement its application if the director determines that the application is
incomplete.
(iii) The director will
not approve a firm's application if it is not received or is not complete as of
the date that the firm's current certification expires, or if the director
determines that the environmental compliance history of the firm, its
principals, or its key employees demonstrates an unwillingness or inability to
maintain compliance with environmental statutes or regulations. The director
will send the firm a letter giving the reason for not approving the
application. The director will not refund the application fees. A firm may
reapply for certification at any time by filing a new application and paying
the correct amount of fees.
(3) Amendment of certification. A firm must
amend its certification within 90 days of the date a change occurs to
information included in the firm's most recent application. If the firm fails
to amend its certification within 90 days of the date the change occurs, the
firm may not perform renovations or dust sampling until its certification is
amended.
(a) To amend a certification, a firm
must submit a completed "Lead-Based Paint Certification Application for Firms,"
signed by an authorized agent of the firm, noting on the form that it is
submitted as an amendment and indicating the information that has changed. The
firm must also pay at least the correct amount of fees.
(b) If additional information is needed to
process the amendment, or the firm did not pay the correct amount of fees, the
director will request the firm to submit the necessary information or fees. The
firm's certification is not amended until the firm complies with the
request.
(c) Amending a
certification does not affect the certification expiration date.
(4) Firm responsibilities. Firms
performing renovations must ensure that:
(a)
All individuals performing renovation activities on behalf of the firm are
either certified renovators or have been trained by a certified renovator in
accordance with
R307-841-8;
(b) A certified renovator is assigned to each
renovation performed by the firm and discharges all of the certified renovator
responsibilities identified in
R307-841-8;
(c) All renovations performed by the firm are
performed in accordance with the work practice standards in
R307-841-5;
(d) The pre-renovation education requirements
of
R307-841-4
have been performed; and
(e) The
recordkeeping requirements of
R307-841-6
are met.