Current through Register Vol. 24-06, March 15, 2024
(1) The
authority for these regulations is chapter 70A.420 RCW.
(2) Purpose.
(a) These regulations address Washington's
need for a qualified and properly trained work force to perform lead-based
paint activities, and lead-based paint renovation work, as defined in these
rules, to safeguard the environment and protect human health, especially for
children under six years of age and other high-risk groups from lead-based
paint hazards.
(b) These
regulations prescribe the accreditation requirements for training providers
offering lead-based paint activities and lead-based paint renovation training
courses to qualify individuals for lead-based paint certification and will
require that all lead-based paint training courses be offered or provided only
by accredited training providers.
(c) These regulations prescribe the
certification requirements of individuals and firms engaged in lead-based paint
activities and renovation in target housing and child occupied
facilities.
(d) These regulations
establish work practice standards for the performance of lead-based paint
abatement, inspection, risk assessment, renovation, dust sampling by
individuals and firms, and will require that only certified individuals and the
certified firms employing such individuals perform these lead-based paint
activities and lead-based paint renovations.
(3) Scope.
(a) These rules apply to all individuals and
firms that are engaged in lead-based paint activities and lead-based paint
renovation as defined in these regulations, (WAC 365-230-200 and 365-230-330 )
except persons who perform these activities within residential dwellings that
they own, unless the residential dwelling is occupied by a person or persons
other than the owner or the owner's immediate family while these activities are
being performed, or a child residing in the building has been identified as
having an elevated blood lead level.
(b) These rules establish the requirement
that lead-based paint activities and renovation be performed only by certified
individuals and the certified firms employing such individuals.
(c) These rules prescribe the requirements
for, and the manner of, certifying competency of applicants for certification
of lead-based paint inspector, risk assessor, renovator, dust sampling
technician, supervisor, project designer, and abatement worker, and of legally
registered firms employing such individuals.
(d) These rules prescribe work practice
standards for lead-based paint abatement and renovation, and for the
performance of lead-based paint inspection, risk assessment, renovation, dust
sampling, and those actions or circumstances that constitute failure to achieve
or maintain competency, or that otherwise are contrary to the public interest,
for which the department may deny, suspend, revoke, or modify
certification.
(e) These rules
establish application fees for certification and accreditation.
(f) These rules establish a procedure by
which training providers may apply for and obtain accreditation to offer
initial and refresher lead-based paint courses in any of the following
disciplines: Inspector, risk assessor, renovator, dust sampling technician,
supervisor, project designer, and abatement worker.
(g) These rules prescribe the requirements
for training programs to provide, offer, or claim to provide accredited
lead-based paint activities and renovation courses.
(h) These rules prescribe those actions or
circumstances that constitute failure to achieve or maintain competency, or
that otherwise are contrary to the public interest, for which the department
may deny, suspend, revoke or modify accreditation.
(i) These rules describe the actions or
failures to act that constitute violations of these rules and for which the
department may issue fines.
(j)
These rules establish a schedule of penalties for failure to comply with these
rules.
Statutory Authority: RCW 70.103.10 [70.103.010], 70.103.20
[70.103.020], 70.103.30 [70.103.030], 70.103.40 [70.103.040],70.103.50
[70.103.050], 70.10.80 [70.103.080], and 70.103.90 [70.103.090]. 11-07-067,
§
365-230-010, filed 3/21/11,
effective 4/21/11. Statutory Authority: Chapter 70.103 RCW. 07-07-044, §
365-230-010, filed 3/13/07,
effective 4/13/07. Statutory Authority: RCW 70.103.0030(2)
[70.103.030(2)],70.103.020 , 70.103.030, 70.103.040, 70.103.050,
70.103.060,70.103.070 , 70.103.080, 70.103.090. 04-10-037, §
365-230-010, filed 4/29/04,
effective 5/30/04.