Ga. Comp. R. & Regs. R. 391-3-24-.05 - Certification of Persons and Firms Conducting Lead-Based Paint Activities
(1) Scope.
(a) Following the submission of an
application demonstrating that all the requirements of this Rule are met and a
determination by the Division that a person has met all applicable requirements
to perform the appropriate lead-based paint activities, the Division shall
certify the applicant as a lead inspector, lead risk assessor, lead supervisor,
lead project designer or lead worker.
(b) All certified persons shall be assigned a
certification number and issued a photo-identification certificate by the
Division.
(c) All certified lead
firms shall be assigned a certification number and issued a certificate by the
Division.
(d) When educational
experience is required, the Division shall recognize a copy of an official
academic transcript, diploma, or professional certification as evidence of
meeting the educational requirements.
(e) When work experience is required, the
Division shall recognize a resume or letter of reference from a current or
previous employer as evidence of meeting the work experience requirements. This
documentation shall include, but not be limited to, work history documenting
related experience including inclusive dates of experience, employer's name,
address and phone number, positions held, projects completed and job
responsibilities held during the projects.
(f) Upon receiving certification by the
Division, persons conducting lead-based paint activities shall work for a
certified lead firm and shall comply with the standards for performing such
lead-based paint activities as established in Rule
391-3-24-.06.
(g) All certifications shall expire twelve
(12) months from the issue date of the certificate or on the expiration date of
required training, whichever is earlier as specified in (2)(a) through (2)(e)
of this Rule. Work performed after the certification expiration date and prior
to renewal shall constitute a violation of this Rule.
(h) No person or lead firm shall conduct
lead-based paint activities described in this section if that person or lead
firm has not received the appropriate certification by the Division pursuant to
the requirements specified herein of this section and the person or lead firm
does not have in their possession a Division issued certification card or
certificate.
(i) In order to
maintain certification as a person or lead firm, applicants must follow the
requirements specified in paragraph (4) of this section.
(j) A person who is employed by and in the
process of conducting lead-based paint activities for a federal, state or local
government agency shall not be required to pay certification fees as specified
in this section.
(k) Persons
requesting a duplication of their certification shall submit a fee in the
amount of $25.00 electronically or in the form of a check or money order and
made payable to the Environmental Protection Division - Lead Abatement
Fees.
(2) Application
Process. The following are procedures and requirements an applicant must meet
when applying to the Division for certification:
(a) Certification of Lead Workers.
1. To become certified as a lead worker, a
person must:
(i) Successfully complete a
course and receive an initial course completion certificate from an accredited
training program in the appropriate discipline for which certification is
sought;
(ii) Submit a completed
certification application on forms provided by the Division with all
appropriate information included. This would also include original signature
and date;
(iii) Submit an original
initial course completion training certificate in the discipline for which
certification is sought or an original letter from the accredited training
program confirming completion of said training course on the accredited
training program letterhead. Original documents shall be returned upon issuance
or denial of certification by the Division;
(iv) Submit one (1) current 1 1/4 inch
× 1 1/4 inch color passport photograph of the applicant with the
applicant's name and original signature on the back of the picture;
and
(v) Submit a fee in the amount
of $25.00 electronically or in the form of a check or money order and made
payable to the Environmental Protection Division - Lead Abatement
Fees.
(b)
Certification of Lead Inspectors.
1. To
become certified as a lead inspector, a person must:
(i) Successfully complete a course and
receive an initial course completion certificate from an accredited training
program in the appropriate discipline for which certification is
sought;
(ii) Successfully pass an
exam and receive a third party certification exam letter from a third party
certification exam administrator in the appropriate discipline for which
certification is sought;
(iii)
Submit a completed certification application on forms provided by the Division
with all appropriate information included. This would also include original
signature and date;
(iv) Submit an
original initial course completion training certificate in the discipline for,
which certification is sought or an original letter from the accredited
training program confirming completion of said training course on the
accredited training program letterhead. Original documents shall be returned
upon issuance or denial of certification by the Division;
(v) Submit an original third party
certification exam letter in the appropriate discipline for which certification
is sought confirming successful completion of said exam. Original documents
shall be returned upon issuance or denial of certification by the
Division;
(vi) Submit one (1)
current 1 1/4 inch × 1 1/4 inch color passport photograph of the
applicant with the applicant's name and original signature on the back of the
picture; and
(vii) Submit a fee in
the amount of $150.00 electronically or in the form of a check or money order
and made payable to the Environmental Protection Division - Lead Abatement
Fees.
(c)
Certification of Lead Supervisors.
1. To
become certified as a lead supervisor, a person must:
(i) Successfully complete a course and
receive an initial course completion certificate from an accredited training
program in the appropriate discipline for which certification is
sought;
(ii) Successfully pass an
exam and receive a third party certification exam letter from a third party
certification exam administrator in the appropriate discipline for which
certification is sought;
(iii) Meet
or exceed the following experience and/or education requirements:
(I) One-year of experience as a lead worker;
or,
(II) At least two (2) years of
experience in a related field or in the building trades.
(iv) Submit a completed certification
application on forms provided by the Division with all appropriate information
included. This would also include original signature and date;
(v) Submit an original initial course
completion training certificate in the discipline for which certification is
sought or an original letter from the accredited training program confirming
completion of said training course on the accredited training program
letterhead. Original documents shall be returned upon issuance or denial of
certification by the Division;
(vi)
Submit an original third party certification exam letter in the appropriate
discipline for which certification is sought confirming successful completion
of said exam. Original documents shall be returned upon issuance or denial of
certification by the Division;
(vii) Submit one (1) current 1 1/4 inch
× 1 1/4 inch color passport photograph of the applicant with the
applicant's name and original signature on the back of the picture;
and
(viii) Submit a fee in the
amount of $150.00 electronically or in the form of a check or money order and
made payable to the Environmental Protection Division - Lead Abatement
Fees.
(d)
Certification of Lead Risk Assessors.
1. To
become certified as a lead risk assessor, a person must:
(i) Successfully complete a course and
receive initial course completion certificates from an accredited training
program in the lead inspector course and in the appropriate discipline for
which certification is sought;
(ii)
Successfully pass an exam and receive a third party certification exam letter
from a third party certification exam administrator in the lead inspector
discipline and in the appropriate discipline for which certification is
sought;
(iii) Meet or exceed the
following experience and/or education requirements:
(I) Bachelor's degree and one (1) year of
experience in a related field; or,
(II) An Associate's degree and two (2) years
of experience in a related field; or,
(III) Certification as an industrial
hygienist, professional engineer, registered architect and/or certification in
a related engineering/ health/environmental field; or,
(IV) A high school diploma (or equivalent),
and at least three (3) years of experience in a related field.
(iv) Submit a completed
certification application on forms provided by the Division with all
appropriate information included. This would also include original signature
and date;
(v) Submit original
course completion training certificates in the lead inspector discipline and in
the discipline for which certification is sought or an original letter from the
accredited training program confirming completion of said training courses on
the accredited training program letterhead. Original documents shall be
returned upon issuance or denial of certification by the Division;
(vi) Submit an original third party
certification exam letter in the lead inspector discipline and in the
appropriate discipline for which certification is sought confirming successful
completion of said exams. Original documents shall be returned upon issuance or
denial of certification by the Division;
(vii) Submit one (1) current 1 1/4 inch
× 1 1/4 inch color passport photograph of the applicant with the
applicant's name and original signature on the back of the picture;
and
(viii) To obtain a joint
Inspector/Risk Assessor certification simultaneously, submit a fee in the
amount of $250.00 along with the documents required by (2)(c)1.(i)-(vii) and
(2)(d)1.(i)-(vii); or
(ix) To
obtain a Risk Assessor certification without an Inspector Certification, submit
a fee in the amount of $150.00 electronically or in the form of a check or
money order and made payable to the Environmental Protection Division - Lead
Abatement Fees along with the documents required by
(2)(d)1.(i)-(vii).
(e) Certification of Lead Project Designers.
1. To become certified as a lead project
designer, a person must:
(i) Successfully
complete a course and receive course completion certificates from an accredited
training program in the lead supervisor course and in the appropriate
discipline for which certification is sought;
(ii) Successfully pass an exam and receive a
third party certification exam letter from a third party certification exam
administrator in the lead supervisor discipline;
(iii) Meet or exceed the following experience
and/or education requirements:
(I) Bachelor's
degree in engineering, architecture, or a related profession, and one (1) year
of experience in building construction and design or a related field;
or,
(II) Four (4) years of
experience in building construction and design or a related field.
(iv) Submit a completed
certification application on forms provided by the Division with all
appropriate information included. This would also include original signature
and date;
(v) Submit original
course completion training certificates in the lead supervisor discipline and
in the discipline for which certification is sought or an original letter from
the accredited training program confirming completion of said training courses
on the accredited training program letterhead. Original documents shall be
returned upon issuance or denial of certification by the Division;
(vi) Submit an original third party
certification exam letter in the lead supervisor discipline confirming
successful completion of said exam. Original documents shall be returned upon
issuance or denial of certification by the Division;
(vii) Submit one (1) current 1 1/4 inch
× 1 1/4 inch color passport photograph of the applicant with the
applicant's name and original signature on the back of the picture;
and
(viii) Submit a fee in the
amount of $150.00 electronically or in the form of a check or money order and
made payable to the Environmental Protection Division - Lead Abatement
Fees.
(f)
Certification of Lead Firms.
1. All firms,
which offer to perform, or that perform, any of the lead-based paint activities
described in Rule
391-3-24-.06 must have
certification from the Division.
2.
A firm seeking certification, as a Lead Firm must:
(i) Submit a completed certification
application on forms supplied by the Division certifying that the firm shall:
(I) Only employ Division certified employees
to conduct lead-based paint activities;
(II) Follow standards in Rule
391-3-24-.06 for conducting
lead-based paint activities; and
(III) Maintain all records pursuant to the
requirements in Rule
391-3-24-.06.
(ii) Submit a disclosure statement of any
action taken by EPA or an EPA authorized program involving violations,
suspensions, revocations or modifications of a firm's activities; and
(iii) Submit a fee in the amount of $350.00
electronically or in the form of a check or money order and made payable to the
Environmental Protection Division - Lead Abatement Fees.
(iv) Federal, State, county or city
government agencies, who conduct lead-based paint investigations are exempt
from the $350.00 firm certification fee.
(3) Third Party Certification
Exam.
(a) The third party certification exam
shall be taken only from a third party certification exam administrator who is
accepted by the Division to perform such duties.
(b) In order to take the third party
certification exam for a particular discipline, a person must:
1. Successfully complete an accredited course
in the appropriate discipline and receive a course completion certificate from
an accredited training program.
2.
Meet or exceed the educational and/or work experience requirements in section
391-3-24-.05 of this Rule for each
appropriate discipline for which certification is sought.
3. Take the third party certification exam no
more than three (3) times. If a person does not pass the third party
certification exam with a passing score of 70 percent (70%) or greater and
receive a certificate and/or certification letter, the person must retake the
appropriate training course from an accredited training program before retaking
the third party certification exam.
(4) Renewal of Certification.
(a) After certified persons demonstrate that
all of the requirements of this section are met and the Division determines
that an applicant has met all the requirements set forth in this section, the
Division shall renew certification of a person as a lead inspector, lead risk
assessor, lead supervisor, lead project designer, or lead worker.
(b) Certified persons meeting the
requirements of this section shall be renewed for a period of twelve (12)
months from the expiration date of certification or until the expiration date
of required training, whichever is earlier.
(c) Persons seeking renewal of certification
shall:
1. Submit a completed renewal
application to the Division on forms provided by the Division with all the
appropriate information included and signed by the applicant.
2. Successfully complete a course(s) and
receive a refresher course completion certificate(s) from an accredited
training program in the appropriate discipline(s) for which renewal is sought
within twenty-four (24) months from the last date of training.
Persons that do not successfully complete the said refresher course(s) within twenty-four (24) months from the last date of training may obtain provisional certification for twelve (12) months by payment of a fee two (2) times the certification fee.
Persons that do not successfully complete the refresher course(s) and receive a certificate of completion by the thirty-sixth (36th) month from the last date of training, shall successfully complete the initial said training course for renewal of certification.
3. Submit an original refresher course
completion certificate(s) in the appropriate discipline(s) for which renewal is
sought or an original letter from the accredited training program confirming
completion of said training course(s) on the accredited training program
letterhead.
4. Submit one (1)
current 1 1/4 × 1 1/4 inch color passport photograph of the applicant
with the applicant's name and original signature on the back of the
photograph.
5. Submit a fee in the
amount of $150.00 per renewal discipline, or $250.00 per
391-3-24-.05(2)(d)1(viii),
except the lead worker discipline. An applicant seeking renewal in the lead
worker discipline shall submit a fee in the amount of $25.00. Fees shall be
submitted electronically or in the form of a check or money order and made
payable to the Environmental Protection Division - Lead Abatement
Fees.
(d) In order for
lead firm certification to be renewed for a period of twelve (12) months, the
firm shall:
1. Submit a completed renewal
application to the Division on forms provided by the Division certifying that
the lead firm shall:
(i) Only employ Division
certified persons to conduct lead-based paint activities;
(ii) Follow the standards in Rule
391-3-24-.06 for conducting
lead-based paint activities; and
(iii) Maintain all records pursuant to the
requirements in Rule
391-3-24-.06.
2. Submit a disclosure statement of any
action taken by EPA or an EPA approved program involving violations,
suspensions, revocations, or modifications of a lead firm's activity.
3. Submit a fee in the amount of $350.00
electronically or in the form of a check or money order and made payable to the
Environmental Protection Division - Lead Abatement Fees.
(e) Renewal applications shall be postmarked
or hand delivered to the Division thirty (30) days prior to the expiration date
of certification for each discipline in which certification is sought.
Certified persons submitting renewal applications postmarked or hand delivered
after the expiration date of certification shall follow the requirements
specified in paragraph (2) of this section for certification
purposes.
(5)
Reciprocity.
(a) Each person seeking
certification who is licensed, certified or permitted in another state, Tribe
or Territory of the United States to perform lead hazard reduction activities
may petition the Division on a form provided by the Division to grant
certification without repetition of training requirements. The Division may
recognize the certification of a discipline granted by another State, Tribe or
Territory with which the Division has a written reciprocal agreement. Any
person may apply to have their certification approved by the Division if their
certification has been licensed, certified or permitted by another State, Tribe
or Territory with which the Division has a written reciprocal
agreement.
(b) Persons seeking
certification by reciprocity shall also submit to the Division the following:
1. A completed application to the Division on
forms provided by the Division with all the appropriate information included
and signed by the applicant.
2. A
copy of the certification issued by the reciprocating state, tribe or
territory.
3. One (1) current 1 1/4
inch × 1 1/4 inch color passport photograph of the applicant with the
applicant's name and original signature on the back of the picture.
4. A fee in the amount of $150.00 for each
discipline, except lead worker discipline and/or the combined lead
inspector/risk assessor obtained simultaneously; an applicant seeking
certification in the lead worker discipline shall submit a fee in the amount of
$25.00; an applicant seeking the combined inspector/risk assessor obtained
simultaneously shall submit a fee in the amount of $250.00. Fees shall be
submitted electronically or in the form of a check or money order and made
payable to the Environmental Protection Division - Lead Abatement
Fees.
(6)
Suspension, Revocation, and Modification.
(a)
The Director may investigate the actions of any certified person or lead firm
and may suspend, revoke or modify the certification of a person or lead firm in
accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedures
Act," when it is found that the person or lead firm has:
1. Obtained training documentation through
fraudulent means.
2. Gained
admission to and completed an accredited training program through
misrepresentation of admission requirements.
3. Obtained certification through
misrepresentation of certification requirements or related documents dealing
with education, training, professional registration, or experience.
4. Performed work requiring certification at
a job site without having proof of certification.
5. Permitted the duplication or use of the
person's own certificate by another.
6. Performed work for which certification is
required, but for which appropriate certification has not been
received.
7. Failed to comply with
the appropriate work practice standards for lead-based paint activities as
specified in
391-3-24-.06.
8. Failed to comply with Federal, State, or
local lead-based paint statutes or regulations.
9. Performed work requiring certification at
a job site with persons who are not certified.
10. Misrepresented facts in a lead firm's
letter of application.
11. Failed
to maintain required records.
(b) When certification of a person or lead
firm is revoked, the person or lead firm shall not be eligible for
recertification for a period of five (5) years from the date of
revocation.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.