Authority: IC 16-41-39.8-6
Affected: IC 16-41-39.8
Sec. 4.
(a) Any
person applying for an initial lead-based paint license from the department as
a lead-based paint inspector, a risk assessor, a project designer, a
supervisor, a worker, a clearance examiner, or a contractor shall do the
following:
(1) Submit a completed application
on forms provided by the department.
(2) Submit a copy of all required documents,
as provided in section 3(h) of this rule, that the person meets the experience,
education, and training requirements in section 3 of this rule, including that
the applicant successfully completed the approved initial and any requisite
refresher training courses.
(3)
Receive passing scores on all written examinations for the courses.
(4) Pay the license application fee specified
in section 8 of this rule.
(5) For
persons applying for inspector, risk assessor, or supervisor licenses, provide
proof of passing the third-party examination.
(b) Any person applying for an initial
license from the department to conduct lead-based paint activities as a
contractor shall do the following:
(1) Submit
a copy of the current Indiana lead-based paint project supervisor license of
the designated representative.
(2)
Submit a signed contractor certificate and signature form.
(3) Submit signed signature cards.
(4) 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"*.
(5) Submit a copy of all
required documents, as provided in section 3(h) of this rule, indicating that
the applicant or the applicant's designated representative meets the
experience, education, and training requirements in 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.
(6)
Submit a complete list of contracts for the prior thirty-six (36) months for
lead-based paint projects, including names, addresses, and telephone numbers of
persons for whom projects were performed.
(7) Submit an up-to-date copy of the
contractor's written standard operating procedures that include current
compliance procedures.
(8) Submit a
description of any lead-based paint projects that the contractor conducted that
were prematurely terminated or not completed, including the circumstances
surrounding the termination or failure to complete.
(9) Submit a list of any contractual
penalties related to lead-based paint activities that the contractor has paid
for noncompliance with contract specifications.
(10) Submit copies of any and all:
(A) warning letters;
(B) notices and orders of the
commissioner;
(C) agreed
orders;
(D) citations;
(E) notices of violation; or
(F) findings of violation; levied against the
contractor by any federal, state, or local government agency for violations of
regulations or other laws pertaining to lead-based paint activities, including
names and locations of the projects, the dates, and a description of how the
allegations were resolved.
(11) Submit a description detailing all legal
proceedings, lawsuits, warning letters to supervisors from the department, or
claims that have been filed or levied against the contractor or any of the
contractor's past or present employees, while employed by the contractor, for
lead-based paint related activities.
(12) 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.
(13) Pay
the license application fee specified in section 8 of this rule.
(c) If the department determines
the information on the application to be 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's receipt of
the application, the application will expire. The application fee is not
transferable and nonrefundable.
(d)
In addition to the requirements of subsections (a) through (b), the department
may require an applicant or a designated representative of a contractor, in the
case of subsection (b), to take an examination administered by the department.
The examination shall cover only the discipline for which the applicant is
seeking a license. 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
examination.
(e) The applicant
shall provide two (2) copies of a clear and recent one and one-half (1½)
inch by one and one-half (1½) 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 program 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. The department shall not process applications on
a walk-in basis or process applications over the telephone. If the license is
approved, the license will be sent to the applicant via the U.S. 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.