454 CMR 22.04 - Licensing Procedures for Deleading Contractors and Lead-safe Renovation Contractors
(1)
Application for Licensure. Applicants for licensure as
Deleading Contractors or Lead-safe Renovation Contractors shall submit the
following to the Director:
(a) A completed
application form with attachments as prescribed by the Director, which
shall include the following:
1. A list of all names, acronyms or other
identifiers under which the applicant does or has done business, and the
address(es) and telephone number(s) of the business(es).
2. A list of the states in which the
applicant holds a current license, accreditation, or other approval for
Deleading or Renovation Work.
3. A
list of the names and addresses of all Deleading or Renovation firms or
entities in which the Responsible Persons of the applicant have or have had a
financial interest or management responsibility in the previous five
years.
4. For corporations and LLCs
only, a copy of a Certificate of Legal Existence (or a Foreign Corporation
Certificate, if organized outside of Massachusetts) issued by the Massachusetts
Secretary of the Commonwealth, and a Certificate of Good Standing, if
applicable. For sole proprietorships and partnerships, a copy of a business
certificate, if applicable, for the Deleading or Renovation Firm of the
applicant issued by the city or town where the business is located.
5. Certification of compliance with all laws
of the Commonwealth relating to taxes, reporting of employees and contractors,
and withholding and remitting of child support in accordance with M.G.L. c.
62C, § 149A(a); unemployment health insurance contributions in accordance
with M.G.L. c. 151A, § 14G(e); unemployment insurance contributions in
accordance with M.G.L. c. 151A, § 19A(a); and workers' compensation
insurance in accordance with M.G.L. c. 152, § 25C(6).
6. A list of employees in his or her present
work force and those employees who have worked for him or her for any period of
time during the preceding 12 months and a certificate of insurance or a letter
of binder from an insurance carrier indicating that the Deleading or Renovation
Work to be performed by the applicant is covered by a current workers'
compensation policy or self-insurance program acceptable to the Commonwealth or
a notarized statement that the contractor has no employees. In lieu
of a notarized statement, said statement may be witnessed by an
employee of the Department.
7. A
list of all citations or notices of violation relating to occupational health
and safety and environmental protection, including civil administrative
penalties, notices of noncompliance, notices of responsibility, notices of
intent to assess an administrative penalty, orders, consent orders and court
judgments, received by the Responsible Persons of the applicant in the two
years prior to the date of application, and the issuing agency or department
and final disposition of such citation or notice.
8. A statement made under the penalties of
perjury by a Responsible Person of the applicant that all employees to be
engaged in Deleading or Renovation Work who are required to be licensed,
certified or trained will be licensed, certified or trained prior to any work
being performed by them, pursuant to the requirements of
454 CMR 22.00.
9. A list of the names and addresses of all
Responsible Persons and managers of the applicant who have primary
responsibility for, and control over, Deleading or Renovation Work of the
applicant.
10. A respiratory
protection and worker health and safety program evidencing compliance with 29
CFR Part 1910.134.
(b) Training certificates, or legible copies
thereof, indicating that a Responsible Person or manager of the applicant
listed pursuant to 454 CMR 22.04(1)(a)9. has successfully completed the
applicable initial and refresher training requirements for Deleader-supervisors
or Lead-safe Renovator-supervisors, as applicable.
(c) For applicants for Deleading Contractor
Licenses only, the results of all blood lead tests conducted pursuant to
454 CMR
22.09 or the OSHA Lead in Construction
Standard, 29 CFR 1926.62, and a signed
physician's statement, as set forth at
454 CMR
22.09(4)(f), for all persons
in his or her work force who have been or will be engaged in Deleading
Work.
(d) For applicants for Lead
Safe Renovation Contractors with a designation for Moderate Risk Deleading,
proof that a Lead Safe Renovator Supervisor employed by the applicant has
successfully completed the Moderate Risk Deleading training prescribed by
454 CMR
22.08(4)(e).
(e) Such other information as the Director
may reasonably require.
(f) A money
order or certified bank check payable to the Commonwealth of Massachusetts in
the amount of the entire fee established for such license by M.G.L. c. 7,
§ 3B, plus any applicable surcharges. The fee payment is not
refundable.
(2)
Applications received by the Department of Labor Standards which omit any of
the information or documentation required for submittal set forth in 454 CMR
22.04(1) in excess of 60 calendar days from the date of written notification to
the applicant apprising the applicant of the omitted information or
documentation, will not be acted upon, and the application fee will be
forfeited to defray the administrative cost of review and processing such
incomplete application.
(3) Upon
receipt of a completed application for licensure, the Director shall evaluate
the application and make a determination as to whether to approve or deny the
license application. The Director shall notify the applicant of his or her
decision, in writing, within 40 calendar days of receipt of a completed
application.
(4)
License Renewal. Deleading Contractor Licenses issued
pursuant to 454 CMR 22.04 shall be valid for a period of one year from the date
of issuance. Lead-safe Renovation Contractor Licenses issued pursuant to 454
CMR 22.04 shall be valid for a period of five years from the date of issuance.
The Director may renew a License issued pursuant to 454 CMR 22.04, provided the
current License holder submits a renewal application at least 30, but not more
than 60, calendar days before the expiration of the current License.
Applications for renewal shall contain the information prescribed in 454 CMR
22.04(1)(a) through (e). Applications for renewal which omit any of the
information or documentation required for submittal set forth in 454 CMR
22.04(4), in excess of 60 calendar days from the date of written notification
to the applicant apprising the applicant of the omitted information or
documentation, will not be acted upon and the renewal fee will be forfeited to
defray the administrative cost of review and processing of such incomplete
renewal application.
(5)
Contractor Licensing Waivers. Contractor Licensing
Waivers may be issued by the Director, in his or her sole discretion, to:
(a) persons, firms, corporations or other
entities that meet the exceptions to the requirement for licensing as Lead-safe
Renovation Contractors set forth at
454 CMR 22.03(3)(a) or
(b); or
(b) to an entity to conduct Renovation work
in or on property owned by the entity. Said Contractor Licensing Waiver shall
be on a form prescribed by the Director and signed by the Director. A
Contractor Licensing Waiver shall expire five years from the date of
issuance.
Notes
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