06-096-424 Me. Code R. § 5

Current through 2024-51, December 18, 2024

Section 096-424-5 - Certification Requirements for Lead Professionals

A.Initial application requirements

To obtain initial certification or to renew an existing certification to perform lead-based paint activities, an individual must submit a complete application to the Department on a form approved by the Department. The application must demonstrate that the applicant meets all applicable standards and requirements, including the Section 2(F) and must include the following:

(1) Name, address, telephone number, and date of birth of the applicant;

(2) Documentation demonstrating that the applicant meets the minimum education and experience standards for the specific discipline as listed in Section 5(D) below;

(3) A copy of the training certificate demonstrating successful completion of the discipline specific training course(s) required as delineated in Section 5(E) below, and accompanying documentation of final test score(s) for the courses;

(4) Documentation that the applicant has achieved a score of 70% or higher on the Maine Lead Services Examination, and has demonstrated proficiency in the hands-on skills assessment, as required by Section 5(F) below;

(5) A statement certifying that the applicant's certification or other authorization to perform lead-based paint activities has not been suspended or revoked by any other jurisdiction and that no enforcement actions by any local, county, state or federal agency are pending against the applicant;

(6) A statement attesting that the applicant will follow work practice standards and other applicable requirements of this Chapter;

(7) The appropriate certification application fees listed in Section 2(H); and

(8) One current color passport or passport-size photograph.

B.Standards of conduct. Certified lead professionals must comply with all state and federal laws and regulations pertaining to lead abatement activities, including the conflict of interest provisions of Section 2(F) of this Chapter.

(1) Failure to comply with this rule may result in suspension or revocation of a certificate, and/or other enforcement action deemed appropriate by the Department.

(2) Failure to comply with this rule may result in the denial of an application for renewal, and/or other enforcement action deemed appropriate by the Department.

(3) A certified individual must perform their activities in a manner that is:

(a) In compliance with state-of-the art professional services generally recognized as acceptable by the lead consulting and abatement industries, lead professional associations, and government agencies; and

(b) Consistent with current rules and practices taught by Department-approved training providers.

C.Renewal application requirements

To obtain renewal of a current certification to perform lead-based paint activities, an individual must submit a complete application to the Department on a form provided by the Department. The application must include the following:

(1) Name, address, telephone number, and date of birth, and most recent certification number of the applicant;

(2) Documentation demonstrating successful completion of a discipline-appropriate refresher course or attendance at discipline-relevant programs as required in Section 5(G);

(3) A statement certifying that the applicant's certification or other authorization to perform lead-based paint activities has not been suspended or revoked by the State of Maine or any other jurisdiction and that no enforcement actions by any local, county, state or federal agency are pending against the applicant;

(4) A statement attesting that the applicant will follow work practice standards and other applicable requirements of this Chapter;

(5) The appropriate certification application fee as listed in Section 2(H); and

(6) One current color passport or passport-sized photograph.

D.Education and experience standards. The minimum education and experience requirements for initial certification in each discipline are as follows. Relevancy of education or experience in a related field shall be determined by the Department.

(1) Lead abatement worker: None.

(2) Project supervisor: one year as a lead abatement worker or two years' experience in building trades, asbestos abatement, environmental technician or related field.

(3) Lead inspector: High school diploma or G.E.D.

(4) Risk assessor: Any combination of education and experience as follows is acceptable.

(a) Certified industrial hygienist, professional engineer, registered architect, or related scientific field, plus one-year experience as a certified lead inspector including a minimum of 20 lead inspections;

(b) Bachelor's degree and at least one year of experience in a related field, such as asbestos or radon, code enforcement, building construction, or residential energy auditing, plus one-year experience as a certified lead inspector including a minimum of 20 lead inspections; or

(c) High school diploma or G.E.D. with a combination of education and experience equivalent to the educational requirements in (b) above (six months experience is equal to one year of college for purposes of this requirement); plus one year experience as a certified lead inspector, including a minimum of 20 lead inspections, or 40 lead determinations that included the use of an XRF to take at least 30 readings as part of each determination, characterization of lead-painted surfaces, and the production of a report meeting the standards for lead inspection reports.

(5) In lieu of the experience requirements listed above, an applicant may pass a Department-designed field assessment to demonstrate their ability to appropriately implement risk assessment procedures. This field assessment will consist of an evaluation of sampling protocols and data gathering techniques; assessment of paint condition; appropriate instrument use; identification of lead-based paint hazards and lead hazards and any underlying causes; recommendation of appropriate hazard management strategies; risk communication; and completeness, accuracy, and readability of reports.

(6) Design consultant: Any combination of education and experience as follows:

(a) Bachelor's degree in engineering, architecture, or a related profession plus one-year experience in building construction and design or a related field; or

(b) High school diploma or G.E.D. plus four years of experience in building construction and design or a related field.

E.Training requirements. To meet the training requirement for initial certification, the applicant's training courses must be accredited or otherwise approved under the provisions of Section 8(B) by the Department.

(1) Lead abatement worker - Successful completion of a lead worker course.

(2) Project supervisor - Successful completion of a project supervisor course.

(3) Lead inspector - Successful completion of a project supervisor course and lead inspector course.

(4) Risk assessor - Successful completion of a lead supervisor, lead inspector and lead assessor course.

(5) Design consultant - Successful completion of a project supervisor course; and design consultant course.

F.Examination requirements for initial certification. To receive initial certification applicants must attain a score of 70% or higher on the Maine Lead Services Examination, or other third-party exam as approved under the provisions of Section 8(G) by the Department, in the discipline for which they are requesting certification. Except for design consultant candidates, applicants must also demonstrate proficiency in a hands-on skills assessment which is given during the discipline-specific training course.

(1) Failure to pass the final examination (score of less than 70%) results in the following:

(a) After a single examination failure, the applicant takes a different version of the course examination once.

(b) After a second examination failure, an applicant must attend 8 hours of remedial training approved by the Department prior to retaking the course examination.

(c) After a third examination failure, an applicant must take the initial training course again along with the initial training course examination.

(2) Failure to demonstrate proficiency during the hands-on assessment requires that the applicant undergo reassessment by the training provider until proficiency can be demonstrated or the training provider determines that proficiency cannot be attained.

G.Annual refresher requirement. A certified lead professional shall maintain proficiency by annually attending a discipline-specific Department-accredited 8-hour refresher course. All refresher courses other than for design consultant must have a minimum of 30 minutes of discipline-specific hands-on training and documentation must be provided of this training. Notwithstanding, the foregoing the lead design consultant refresher course is 4 hours and no hands-on training is required.

H.Certification in more than one discipline. Certification at a higher level qualifies an individual to function in a lower discipline as follows:

(1) A project supervisor may function as a lead abatement worker.

(2) A design consultant may function as a project supervisor.

(3) A risk assessor may function as a lead inspector.

06-096 C.M.R. ch. 424, § 5