Ala. Admin. Code r. 420-3-29-.05

Current through Register Vol. 43, No. 1, October 31, 2024

Section 420-3-29-.05 - Certification Of Firms

(1) Any firm which performs or offers to perform renovation activities as described in Rule 420-3-29-.10 must be certified by the Department prior to performing or offering to perform such work including bidding for lead-based paint renovation projects.

(2) A firm seeking renovation certification, with at least one accredited individual employed for each discipline applied for, shall submit to the Department an application for certification on a form provided by the Department with a non-refundable application fee of $300 due every year for each discipline and a letter attesting that the firm shall only employ renovators accredited by Safe State when conducting regulated renovation activities, and that the firm and its employees shall follow the work practice standards as outlined in Rule 420-3-29-.10 for conducting renovation. A list of employees who have been accredited by Safe State as a renovator shall be provided with the application along with their accreditation numbers and registration expiration dates.

(a) Initial certification.

1. Firms that perform renovations for compensation must apply to the Department for certification to perform renovations or dust sampling. To apply, a firm must submit a completed application for firms, to the Department, signed by an authorized agent of the firm, with the correct amount of fees. If a firm pays excess amount of fees, the Department will reimburse the excess amount.

2. After the Department receives a firm's application, the Department will take one of the following actions within 28 days of the date the application is received:

(i) The Department will approve a firm's application if the Department 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 the correct amount of fees. When the Department approves a firm's application, the Department will issue the firm a certificate with an expiration date not more than 1 year from the date the application is approved. The Department certification also allows the firm to perform renovations covered by this rule in any Indian Tribal area in Alabama that does not have a renovation program that is authorized under this rule.

(ii) The Department will request a firm to supplement its application if the Department determines that the application is incomplete. If the Department requests a firm to supplement its application, the firm must submit the requested information or pay the additional fees within 14 days of the date of the request.

(iii) The Department will not approve a firm's application if the firm does not supplement its application in accordance with paragraph (a)(2)b. of this rule or if the Department 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 Department will send the firm a letter stating the reason for not approving the application. The Department will not refund the application fees. A firm may reapply for the Department certification at any time by filing a new, complete application that includes the correct amount of fees.

(b) Amendment of Certification.

1. 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.

2. To amend a certification, a firm must submit a completed application for certification of lead renovation contractors, 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 the correct amount of fees.

3. If additional information is needed to process the amendment, or the firm did not pay the correct amount of fees, the Department 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.

4. Amending a certification does not affect the certification expiration date.

(c) Firm responsibilities. Firms performing renovations must ensure that:

1. All individuals performing renovation activities on behalf of the firm are either accredited renovators in accordance with Rule 822-X-1.05 or have been trained by an accredited renovator.

2. An accredited renovator is assigned to each renovation project performed by the firm and discharges all of the accredited renovator responsibilities identified in Rule 420-3-29-.11.

3. All renovation activities performed by the firm are accomplished in accordance with the work practice standards in Rule 420-3-29-.10.

4. The pre-renovation education requirements of Rule 420-3-29-.04 have been performed.

5. The recordkeeping requirements of Rule 420-3-29-.15 are met.

Ala. Admin. Code r. 420-3-29-.05

New Rule: Filed July 27, 2010; effective August 31, 2010.

Amended by Alabama Administrative Monthly Volume XL, Issue No. 04, January 31, 2022, eff. 3/17/2022.

Authors: Salvador Gray, Charles Brookins, James Daughtry

Statutory Authority:Code of Ala.1975, §§ 22-37A-1, et seq.