Section 410 IAC 32-2-7 - Lead-based paint license reciprocityAuthority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 7.
(a) Any person holding a current U.S. EPA state or tribe authorized lead-based paint program license from another state, who is applying for an initial Indiana lead-based paint license from the department as a lead-based paint inspector, risk assessor, project designer, supervisor, worker, or clearance examiner under this rule, shall do the following:(1) Submit a completed application on forms provided by the department.(2) Submit a copy of all current lead-based paint program licenses.(3) For persons applying for inspector, risk assessor, project designer, or supervisor licenses, provide proof of having passed the third-party examination.(4) Have attended an Indiana approved lead-based paint two (2) hour rules awareness course.(5) Pay the license application fee specified in section 8 of this rule.(b) Any person holding a current U.S. EPA state or tribe authorized lead-based paint program license, who is applying for an initial Indiana license from the department to conduct lead-based paint activities as a contractor under this rule, shall do the following: (1) Submit a completed application on forms provided by the department, which shall include a signed statement that the person has read and understands this rule and 40 CFR 745, Lead Requirements for Lead-Based Paint Activities in Target Housing and Child-Occupied Facilities; Final Rule*.(2) Submit a copy of all U.S. EPA or U.S. EPA state or tribe authorized lead-based paint program licenses and documentation indicating that the applicant or the applicant's designated representative meets the experience, education, and training requirements of section 3 of this rule, including having successfully completed the approved initial and any requisite refresher training courses for lead-based paint project supervisor and received passing scores on all written examinations for such courses, including third-party examinations.(3) Submit an up-to-date copy of the contractor's written standard operating procedures that include current compliance procedures.(4) Submit documentation of the contractor's financial responsibility with a current certificate of insurance with at least five hundred thousand dollars ($500,000) of liability insurance. The company offering the insurance coverage must be recognized or licensed by the Indiana department of insurance.(5) Have attended an Indiana approved lead-based paint two (2) hour rules awareness course.(6) Pay the license application fee specified in section 8 of this rule.(c) If the department determines the information on the application is incomplete, the department shall request in writing that the applicant submit the missing information. If the information is not submitted within one (1) year of the department receipt of the application, the application will expire and the fee is not transferable.(d) In addition to the requirements of subsections (a) through (b), the department may require an applicant or a designated representative to take an examination administered by the department. The examination shall cover only the discipline for which the applicant is seeking licensure. The commissioner shall deny the application if the applicant does not receive a passing score of seventy percent (70%). If the department denies the application, the certificate of training is invalid and the applicant must retake and pass the initial training course for the discipline for which the applicant is seeking a license and any subsequent third-party examinations.(e) The applicant shall provide two (2) copies of a clear and recent one and one-half (11/2) inch by one and one-half (11/2) inch identifying color photograph at the time of application.(f) The department shall review the application and shall make a determination as to the eligibility of the person. The department shall issue a lead-based paint program license to any person who fulfills the requirements established by this rule. The lead-based paint license shall expire three (3) years after issuance. The department may deny an application for a lead-based paint program license based on any of the applicable criteria listed in section 6 of this rule or for failure to comply with any other provision of this rule.(g) Applications must be completed in writing and submitted for processing. If the license is approved, the license will be sent to the applicant via the United States Postal Service to the address listed on the application. *This document is incorporated by reference. Copies may be obtained from the Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401 or are available for review and copying at the Indiana Department of Health, Indiana Lead and Healthy Homes Program, Fifth Floor, 2 North Meridian Street, Indianapolis, Indiana 46204.
Indiana State Department of Health; 410 IAC 32-2-7; filed Sep 10, 2003, 4:24 p.m.: 27 IR 472; errata filed Jun 14, 2010, 10:11 a.m.: 20100630-IR-410100396ACA; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFAReadopted filed 9/13/2017, 4:08 p.m.: 20171011-IR-410170339RFAErrata filed 7/28/2021, 12:09 a.m.: 20210811-IR-410210327ACAReadopted filed 11/28/2023, 12:13 p.m.: 20231227-IR-410230638RFA Transferred from the Air Pollution Control Board (326 IAC 23-2-6.5) to the Indiana State Department of Health (410 IAC 32-2-7) by P.L. 57-2009, SECTION 17, effective July 1, 2009.