Utah Administrative Code
Topic - Environmental Quality
Title R307 - Air Quality
Rule R307-842 - Lead-Based Paint Activities
Section R307-842-2 - Certification of Individuals and Firms Engaged in Lead-Based Paint Activities: Target Housing and Child-Occupied Facilities
Universal Citation: UT Admin Code R 307-842-2
Current through Bulletin 2024-06, March 15, 2024
(1) Certification of individuals.
(a) Individuals seeking certification by the
director to engage in lead-based paint activities must either:
(i) Submit to the director an application
demonstrating that they meet the requirements established in paragraphs (2) or
(3) of this section for the particular discipline for which certification is
sought; or
(ii) Submit to the
director an application with a copy of a valid lead-based paint activities
certification (or equivalent) from the EPA or a state or tribal program that
has been authorized by EPA pursuant to subpart Q of 40 CFR 745; or
(iii) For supervisor, inspector, and/or risk
assessor certification, submit to the director an application with a copy of a
valid lead-based paint training certificate from an EPA-accredited, or
EPA-authorized state or tribal-accredited lead-specific training in the
appropriate discipline and pass the certification exam in the appropriate
discipline offered by the director.
(b) Following the submission of an
application demonstrating that all the requirements of this section have been
met, the director shall certify an applicant as an inspector, risk assessor,
supervisor, project designer, or abatement worker, as appropriate.
(c) Upon receiving director certification,
individuals conducting lead-based paint activities shall comply with the work
practice standards for performing the appropriate lead-based paint activities
as established in
R307-842-3.
(d) It shall be a violation of state
administrative rules for an individual to conduct any of the lead-based paint
activities described in
R307-842-3
if that individual has not been certified by the director pursuant to this
section to do so.
(e) Individuals
applying for certification must submit the appropriate fees in accordance with
the current Department of Environmental Quality Fee
Schedule.
(2) Inspector, risk assessor or supervisor.
(a) To become
certified by the director as an inspector, risk assessor, or supervisor,
pursuant to paragraph (1)(a)(i) of this section, an individual must:
(i) Successfully complete an accredited
initial training course in the appropriate discipline and receive a course
completion certificate from an accredited training program;
(ii) Pass the certification exam in the
appropriate discipline offered by the director; and
(iii) Meet or exceed the following experience
and/or education requirements:
(A)
Inspectors. No additional experience and/or education requirements;
(B) Risk assessors.
(I) Successful completion of an accredited
initial training course for inspectors; and
(II) Bachelor's degree and 1 year of
experience in a related field (e.g., lead, asbestos, environmental remediation
work, or construction), or an Associates degree and 2 years experience in a
related field (e.g., lead, asbestos, environmental remediation work, or
construction); or
(III)
Certification as an industrial hygienist, professional engineer, registered
architect and/or certification in a related engineering/health/environmental
field (e.g., safety professional, environmental scientist); or
(IV) A high school diploma (or equivalent),
and at least 3 years of experience in a related field (e.g., lead, asbestos,
environmental remediation work or construction);
(C) Supervisor.
(I) One year of experience as a certified
lead-based paint abatement worker; or
(II) At least 2 years of experience in a
related field (e.g., lead, asbestos, or environmental remediation work) or in
the building trades.
(b) The following documents shall be
recognized by the director as evidence of meeting the requirements listed in
(2)(b)(iii) of this paragraph:
(i) Official
academic transcripts or diploma, as evidence of meeting the education
requirements;
(ii) Resumes, letters
of reference, or documentation of work experience, as evidence of meeting the
work experience requirements; and
(iii) Course completion certificates from
lead-specific or other related training courses, issued by accredited training
programs, as evidence of meeting the training requirements.
(c) In order to take the
certification examination for a particular discipline an individual must:
(i) Successfully complete an accredited
initial training course in the appropriate discipline and receive a course
completion certificate from an accredited training program; and
(ii) Meet or exceed the education and/or
experience requirements in paragraph (2)(a)(iii) of this section.
(d) The initial training course
completion certificate shall serve as interim certification for an individual
until the next available opportunity to take the certification exam. Such
interim certification shall expire 6 months after issuance.
(e) After passing the appropriate
certification exam and submitting an application demonstrating that he/she
meets the appropriate training, education, and/or experience prerequisites
described in paragraph (2)(a) of this section, an individual shall be issued a
certificate by the director. To maintain certification, an individual must be
re-certified as described in paragraph (4) of this section.
(f) An individual may take the certification
exam no more than three times within 6 months of receiving an initial training
course completion certificate.
(g)
If an individual does not pass the certification exam and receive a certificate
within 6 months of receiving his/her initial training course completion
certificate, the individual must retake the appropriate initial training course
from an accredited training program before reapplying for certification from
the director.
(3) Abatement worker and project designer.
(a) To
become certified by the director as an abatement worker or project designer,
pursuant to paragraph (1)(a)(i) of this section, an individual must:
(i) Successfully complete an accredited
initial training course in the appropriate discipline and receive a course
completion certificate from an accredited training program; and
(ii) Meet or exceed the following additional
experience and/or education requirements:
(A)
Abatement workers. No additional experience and/or education requirements;
and
(B) Project designers.
(I) Successful completion of an accredited
initial training course for supervisors;
(II) Bachelor's degree in engineering,
architecture, or a related profession, and 1 year of experience in building
construction and design or a related field; or
(III) Four years of experience in building
construction and design or a related field.
(b) The following documents shall
be recognized by the director as evidence of meeting the requirements listed in
this paragraph:
(i) Official academic
transcripts or diploma, as evidence of meeting the education
requirements;
(ii) Resumes, letters
of reference, or documentation of work experience, as evidence of meeting the
work experience requirements; and
(iii) Course completion certificates from
lead-specific or other related training courses, issued by accredited training
programs, as evidence of meeting the training requirements.
(c) The initial training course
completion certificate shall serve as an interim certification until
certification from the director is received, but shall be valid for no more
than 6 months from the date of completion.
(d) After successfully completing the
appropriate initial training courses and meeting any other qualifications
described in paragraph (3)(a) of this section, an individual shall be issued a
certificate from the director. To maintain certification, an individual must be
recertified as described in paragraph (4) of this section.
(4) Re-certification.
(a) To maintain certification in a particular
discipline, a certified individual shall apply to and be re-certified by the
director in that discipline by the director either:
(i) Every 3 years if the individual completed
a training course with a course test and hands-on assessment; or
(ii) Every 5 years if the individual
completed a training course with a proficiency test.
(b) An individual shall be re-certified if
the individual successfully completes the appropriate accredited refresher
training course and submits a valid copy of the appropriate refresher training
course completion certificate. For the supervisor, inspector, or risk assessor
disciplines, if more than 3 years but less than 4 years have passed since
certification or re-certification for an individual that completed an initial
or a refresher training course with a course test and hands-on assessment, or
if more than 5 years but less than 6 years have passed since certification or
re-certification for an individual that completed an initial or a refresher
training course with a proficiency test, then the individual must also pass the
certification exam in the appropriate discipline offered by the director.
During the time period when the individual is not certified by the director,
that individual cannot perform any regulated work activities that requires
individual certification.
(c)
Individuals applying for re-certification must submit the appropriate fees in
accordance with the current Department of Environmental Quality Fee
Schedule.
(5) Certification of firms.
(a) All firms which
perform or offer to perform any of the lead-based paint activities or
renovations described in
R307-842-3
shall be certified by the director.
(b) A firm seeking certification shall submit
to the director a letter attesting that the firm shall only employ
appropriately certified employees to conduct lead-based paint activities, and
that the firm and its employees shall follow the work practice standards in
R307-842-3
for conducting lead-based paint activities.
(c) From the date of receiving the firm's
letter requesting certification, the director shall have 90 days to approve or
disapprove the firm's request for certification. Within that time, the director
shall respond with either a certificate of approval or a letter describing the
reasons for disapproval.
(d) The
firm shall maintain all records pursuant to the requirements in
R307-842-3.
(e) Firms may apply to the director for
certification to engage in lead-based paint activities pursuant to this
section.
(f) Firms applying for
certification or re-certification must submit the appropriate fees in
accordance with the current Department of Environmental Quality Fee
Schedule.
(6) Suspension, revocation, and modification of certifications of individuals engaged in lead-based paint activities.
(a) The director
may, after notice and opportunity for hearing, suspend, revoke, or modify an
individual's certification if an individual has:
(i) Obtained training documentation through
fraudulent means;
(ii) Gained
admission to and completed an accredited training program through
misrepresentation of admission requirements;
(iii) Obtained certification through
misrepresentation of certification requirements or related documents dealing
with education, training, professional registration, or experience;
(iv) Performed work requiring certification
at a job site without having proof of certification;
(v) Permitted the duplication or use of the
individual's own certificate by another;
(vi) Performed work for which certification
is required, but for which appropriate certification has not been
received;
(vii) Failed to comply
with the appropriate work practice standards for lead-based paint activities at
R307-842-3;
or
(viii) Failed to comply with
federal, state, or local lead-based paint statutes or
regulations.
(b) In
addition to an administrative or judicial finding of violation, for purposes of
this section only, execution of a consent agreement in settlement of an
enforcement action constitutes evidence of a failure to comply with relevant
statutes or regulations.
(7) Suspension, revocation, and modification of certifications of firms engaged in lead-based paint activities.
(a) The director may, after notice and
opportunity for hearing, suspend, revoke, or modify a firm's certification if a
firm has:
(i) Performed work requiring
certification at a job site with individuals who are not certified;
(ii) Failed to comply with the work practice
standards established in
R307-842-3;
(iii) Misrepresented facts in its letter of
application for certification to the director;
(iv) Failed to maintain required records;
or
(v) Failed to comply with
federal, state, or local lead-based paint statutes or regulations.
(b) In addition to an
administrative or judicial finding of violation, for purposes of this section
only, execution of a consent agreement in settlement of an enforcement action
constitutes evidence of a failure to comply with relevant statutes or
regulations.
Disclaimer: These regulations may not be the most recent version. Utah 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.
