16 Del. Admin. Code § 4459B-8.0
Current through Register Vol. 28, No. 7, January 1, 2025
Section 4459B-8.0 - Renovator Certification and Dust Wipe Technician Certification and Responsibilities8.1 Renovator certification and Dust Wipe Technician certification. Except as provided in subsection 8.2, individuals seeking Renovator and Dust Wipe Technician certification must either: 8.1.1 Submit to the Secretary, a complete application on a form approved by the Secretary demonstrating that they meet the requirements established in 8.3 for the particular discipline for which certification is sought and the required certification fee; or8.1.2 Submit to the Secretary, an application that includes: 8.1.2.1 A copy of a valid lead-based paint activities Renovator or Dust Wipe Technician certification (or equivalent) from a State or Tribal program that has been authorized by the EPA;8.1.2.2 A passport or digital photo of the applicant; and8.1.2.3 The required certification fee.8.2 A Renovator or Dust Wipe Technician accredited by EPA as of the effective date of these regulations shall be deemed accredited only:8.2.1 Through the expiration date of that EPA certification; and8.2.2 Upon the Secretary's receipt of documentation of that EPA certification.8.3 In addition to the requirements in subsection 8.1, to become a certified renovator or certified Dust Wipe Technician, an individual must successfully complete the appropriate course accredited by the Secretary, EPA, or a State or Tribal program authorized by EPA.8.4 Following the submission of a complete application demonstrating that all the requirements of this section have been met and the required certification fee, the Secretary shall certify an applicant as a Renovator or Dust Wipe Technician, as appropriate for a period of 5 years.8.5 Upon receiving certification from the Secretary, all Renovators and Dust Wipe Technicians must comply with the work practice standards established in Section 4.0 of these regulations.8.6 On or after the effective date of these regulations, it shall be a violation of the work practice standards for an individual to conduct any renovation activities described in Section 4.0, if that individual has not been certified by the Secretary.8.7 To maintain Renovator certification or Dust Wipe Technician certification, an individual must complete a Renovator or Dust Wipe Technician Refresher course accredited by the Secretary, EPA, or a State or Tribal program authorized by EPA: 8.7.1 Within 5 years of the date the individual successfully completed the initial or refresher course, as applicable, except as provided in subsections 8.7.2 and 8.7.3.8.7.2 Prior to the expiration of the individual's EPA certification, if the individual was certified by EPA as of the effective date of these regulations.8.7.3 An individual may apply to be recertified by the Secretary during the six-month period following certification expiration only if the individual has not performed any renovation activities authorized by that certification after the date that the certification expired.8.7.4 If an individual does not complete a refresher course within the timeframes required, as appropriate by these regulations, the individual must re-take the initial course to become certified again.8.7.5 Individuals who take a renovator refresher course that does not include hands-on training will be certified for 3 years from the date they complete the training. Individuals who take a refresher training course that includes hands-on training will be certified for 5 years. Individuals who take the renovator refresher without hands-on training must, for their next refresher course, take a refresher course that includes hands-on training to maintain renovator certification.8.8 Renovator responsibilities. Certified renovators are responsible for ensuring compliance with Section 4.0 at all renovations to which they are assigned. A certified renovators:8.8.1 Must perform all of the tasks described in subsection 4.2 and must either perform, or direct workers who perform, all of the tasks described in subsection 4.1.8.8.2 Must provide training to workers on the work practices required by subsection 4.1 that they will be using in performing their assigned tasks.8.8.3 Must be physically present at the work site when the signs required by subsection 4.1.1 are posted, while the work area containment required by subsection 4.1.2 is being established, and while the work area cleaning required by subsection 4.1.5 is performed.8.8.4 Must regularly direct work being performed by other individuals to ensure that the work practices required by subsection 4.1 are being followed, including maintaining the integrity of the containment barriers and ensuring that dust or debris does not spread beyond the work area.8.8.5 Must be available, either on-site or by telephone, at all times that renovations are being conducted.8.8.6 When requested by the party contracting for renovation services, must use an acceptable test kit or take paint chip samples to determine whether components to be affected by the renovation contain lead-based paint.8.8.7 Must have with them at the work site: 8.8.7.1 Their certification from the Secretary; or8.8.7.2 Only if they meet the certification requirement of subsection 8.2, copies of their initial course completion certificate and their most recent refresher course completion certificate.8.8.8 Must prepare the records required by subsections 5.2.1.2 and 5.2.6.8.9 Dust Wipe Technician responsibilities. When performing optional dust clearance sampling under subsection 3.3, a certified Dust Wipe Technician: 8.9.1 Must collect dust samples in accordance with 16 DE Admin. Code 4459, subsection 5.5.8, must send the collected samples to a laboratory recognized by EPA under TSCA section 405(b), and must compare the results to the clearance levels in accordance with 16 DE Admin. Code 4459, subsection 5.5.8.8.9.2 Must have with them at the work site:8.9.2.1 Their certification from the Secretary; or8.9.2.2 Only if they meet the certification requirement of subsection 8.2, copies of their initial course completion certificate and their most recent refresher course completion certificate.16 Del. Admin. Code § 4459B-8.0
26 DE Reg. 699( 2/1/2023) (final)