Utah Admin. Code R307-842-1 - Accreditation of Training Programs: Target Housing and Child-Occupied Facilities
(1) Scope.
(a) A training program may seek accreditation
to offer courses in any of the following disciplines: inspector, risk assessor,
supervisor, project designer, abatement worker, renovator, and dust sampling
technician. A training program may also seek accreditation to offer refresher
courses for each of the above listed disciplines. Training courses taught in
Utah must be accredited by the director. All e-learning renovator refresher
courses originating from companies based in Utah must also be accredited by the
director.
(b) Training programs may
apply to the director for accreditation of their lead-based paint activities
courses or refresher courses pursuant to this section. Training programs may
apply to the director for accreditation of their renovator or dust sampling
technician courses or refresher courses pursuant to this section.
(c) Initial and refresher courses shall be
specific to each discipline and shall be conducted as separate and distinct
courses and not combined with any other training during the period of the
course.
(d) A training program must
not provide, offer, or claim to provide director-accredited lead-based paint
activities courses without applying for and receiving accreditation from the
director as required under paragraph (2) of this section. A training program
must not provide, offer, or claim to provide director-accredited renovator or
dust sampling technician courses without applying for and receiving
accreditation from the director as required under paragraph (2) of this
section.
(e) Accredited training
programs, training program managers, and principal instructors must comply with
all of the requirements of this section including approved terms of the
application and all the requirements and limitations specified in any
accreditation documents issued to training programs.
(2) Application process. The following are
procedures a training program must follow to receive director accreditation to
offer lead-based paint activities courses, renovator courses, or dust sampling
technician courses:
(a) A training program
seeking accreditation shall submit a written application to the director
containing the following information:
(i) The
training program's name, address, and telephone number;
(ii) A list of courses for which it is
applying for accreditation. For the purposes of this section, courses taught in
different languages and electronic learning courses are considered different
courses, and each must independently meet the accreditation
requirements;
(iii) The name and
documentation of the qualifications of the training program manager;
(iv) The name(s) and documentation of
qualifications of any principal instructor(s); and
(v) A statement signed by the training
program manager certifying that the training program meets the requirements
established in paragraph (3) of this section. If a training program uses
EPA-recommended model training materials, the training program manager shall
include a statement certifying that, as well; or
(vi) If a training program does not use
EPA-recommended model training materials, its application for accreditation
shall also include:
(A) A copy of the student
and instructor manuals, or other materials to be used for each
course;
(B) A copy of the course
agenda for each course; and
(C)
When applying for accreditation of a course in a language other than English, a
signed statement from a qualified, independent translator that they had
compared the course to the English language version and found the translation
to be accurate;
(vii) All
training programs shall include in their application for accreditation the
following:
(A) A description of the facilities
and equipment to be used for lecture and hands-on training;
(B) A copy of the course test blueprint for
each course;
(C) A description of
the activities and procedures that will be used for conducting the assessment
of hands-on skills for each course; and
(D) A copy of the quality control plan as
described in paragraph (3)(i) of this section.
(b) If a training program meets the
requirements in paragraph (3) of this section, then the director shall approve
the application for accreditation no more than 180 days after receiving a
complete application from the training program. In the case of approval, a
certificate of accreditation shall be sent to the applicant. In the case of
disapproval, a letter describing the reasons for disapproval shall be sent to
the applicant. Prior to disapproval, the director may, at its discretion, work
with the applicant to address inadequacies in the application for
accreditation. The director may also request additional materials retained by
the training program under paragraph (8) of this section. If a training
program's application is disapproved, the program may reapply for accreditation
at any time.
(c) A training program
may apply for accreditation to offer initial courses or refresher courses in as
many disciplines as it chooses. A training program may seek accreditation for
additional courses at any time as long as the program can demonstrate that it
meets the requirements of this section.
(d) A training program applying for
accreditation must submit the appropriate fees in accordance with the current
Department of Environmental Quality Fee Schedule.
(3) Requirements for the accreditation of
training programs. A training program accredited by the director to offer
lead-based paint activities courses, renovator courses, or dust sampling
technician courses must meet the following requirements:
(a) The training program shall employ a
training manager who has:
(i) At least 2 years
of experience, education, or training in teaching workers or adults;
or
(ii) A bachelor's or graduate
degree in building construction technology, engineering, industrial hygiene,
safety, public health, education, business administration or program management
or a related field; or
(iii) Two
years of experience in managing a training program specializing in
environmental hazards; and
(iv)
Demonstrated experience, education, or training in the construction industry
including: lead or asbestos abatement, painting, carpentry, renovation,
remodeling, occupational safety and health, or industrial hygiene.
(b) The training manager shall
designate a qualified principal instructor for each course who has:
(i) Demonstrated experience, education, or
training in teaching workers or adults; and
(ii) Successfully completed at least 16 hours
of any director-accredited, E P A -accredited, or EPA-authorized state or
tribal-accredited lead-specific training for instructors of lead-based paint
activities courses or 8 hours of any director-accredited, EPA-accredited or
EPA-authorized state or tribal-accredited lead-specific training for
instructors of renovator or dust sampling technician courses; and
(iii) Demonstrated experience, education, or
training in lead or asbestos abatement, painting, carpentry, renovation,
remodeling, occupational safety and health, or industrial hygiene.
(c) The principal instructor shall
be responsible for the organization of the course, course delivery, and
oversight of the teaching of all course material. The training manager may
designate guest instructors as needed for a portion of the course to provide
instruction specific to the lecture, hands-on activities, or work practice
components of a course. However, the principal instructor is primarily
responsible for teaching the course materials and must be present to provide
instruction (or oversight of portions of the course taught by guest
instructors) for the course for which he or she has been designated the
principal instructor.
(d) The
following documents shall be recognized by the director as evidence that
training managers and principal instructors have the education, work
experience, training requirements or demonstrated experience, specifically
listed in paragraphs (3)(a) and (3)(b) of this section. This documentation must
be submitted with the accreditation application and retained by the training
program as required by the recordkeeping requirements contained in paragraph
(8) of this section. Those documents include the following:
(i) Official academic transcripts or diploma
as evidence of meeting the education requirements;
(ii) Resumes, letters of reference, or
documentation of work experience, as evidence of meeting the work experience
requirements; and
(iii)
Certificates from train-the-trainer courses and lead-specific training courses,
as evidence of meeting the training requirements.
(e) The training program shall ensure the
availability of, and provide adequate facilities for, the delivery of the
lecture, course test, hands-on training, and assessment activities. This
includes providing training equipment that reflects current work practices and
maintaining or updating the equipment and facilities as needed.
(f) To become accredited in the following
disciplines, the training program shall provide initial training courses that
meet the following training requirements:
(i)
The initial inspector course shall last a minimum of 24 training hours, with a
minimum of 8 hours devoted to hands-on training activities. The minimum
curriculum requirements for the initial inspector course are contained in
paragraph (4)(a) of this section;
(ii) The initial risk assessor course shall
last a minimum of 16 training hours, with a minimum of 4 hours devoted to
hands-on training activities. The minimum curriculum requirements for the
initial risk assessor course are contained in paragraph (4)(b) of this
section;
(iii) The initial
supervisor course shall last a minimum of 32 training hours, with a minimum of
8 hours devoted to hands-on training activities. The minimum curriculum
requirements for the initial supervisor course are contained in paragraph
(4)(c) of this section;
(iv) The
initial project designer course shall last a minimum of 8 training hours. The
minimum curriculum requirements for the initial project designer course are
contained in paragraph (4)(d) of this section;
(v) The initial abatement worker course shall
last a minimum of 16 training hours, with a minimum of 8 hours devoted to
hands-on training activities. The minimum curriculum requirements for the
initial abatement worker course are contained in paragraph (4)(e) of this
section;
(vi) The initial renovator
course must last a minimum of 8 training hours, with a minimum of 2 hours
devoted to hands-on training activities. The minimum curriculum requirements
for the initial renovator course are contained in paragraph (4)(f) of this
section; and
(vii) The initial dust
sampling technician course must last a minimum of 8 training hours, with a
minimum of 2 hours devoted to hands-on training activities. The minimum
curriculum requirements for the initial dust sampling technician course are
contained in paragraph (4)(g) of this section.
(viii) Electronic learning and other
alternative course delivery methods are permitted for the classroom portion of
renovator, dust sampling technician, or lead-based paint activities courses but
not the hands-on portion of these courses, or for final course tests or
proficiency tests described in paragraph (3)(g) of this section. Electronic
learning courses must comply with the following requirements:
(A) A unique identifier must be assigned to
each student for them to use to launch and re-launch the course;
(B) The training provider must track each
student's course log-ins, launches, progress, and completion, and maintain
these records in accordance with paragraph (8) of this section;
(C) The course must include periodic
knowledge checks equivalent to the number and content of the knowledge checks
contained in EPA's model course, but at least 16 over the entire course. The
knowledge checks must be successfully completed before the student can go on to
the next module;
(D) There must be
a test of at least 20 questions at the end of the electronic learning portion
of the course, of which 80% must be answered correctly by the student for
successful completion of the electronic learning portion of the course. The
test must be designed so that students do not receive feedback on their test
answers until after they have completed and submitted the test; and
(E) Each student must be able to save or
print a copy of an electronic learning course completion certificate. The
electronic certificate must not be susceptible to easy editing.
(g) For each course
offered, the training program shall conduct either a course test at the
completion of the course, and if applicable, a hands-on skills assessment, or
in the alternative, a proficiency test for that discipline. Each student must
successfully complete the hands-on skills assessment and receive a passing
score on the course test to pass any course, or successfully complete a
proficiency test.
(i) The training manager is
responsible for maintaining the validity and integrity of the hands-on skills
assessment or proficiency test to ensure that it accurately evaluates the
trainees' performance of the work practices and procedures associated with the
course topics contained in paragraph (4) of this section;
(ii) The training manager is responsible for
maintaining the validity and integrity of the course test to ensure that it
accurately evaluates the trainees' knowledge and retention of the course
topics; and
(iii) The course test
shall be developed in accordance with the test blueprint submitted with the
training accreditation application.
(h) The training program shall issue unique
course completion certificates to each individual who passes the training
course. The course completion certificate shall include:
(i) The name, a unique identification number,
and address of the individual;
(ii)
The name of the particular course that the individual completed;
(iii) Dates of course completion/test
passage;
(iv) For initial
inspector, risk assessor, project designer, supervisor, or abatement worker
course completion certificates, the expiration date of interim certification,
which is 6 months from the date of course completion;
(v) The name, address, and telephone number
of the training program;
(vi) The
language in which the course was taught;
(vii) For renovator and dust sampling
technician course completion certificates, a photograph of the individual. The
photograph must be an accurate and recognizable image of the individual. As
reproduced on the certificate, the photograph must not be smaller than 1 square
inch; and
(viii) For renovator,
dust sampling technician, or lead-based paint activities course completion
certificates, the expiration date of the training certificate.
(i) The training manager shall
develop and implement a quality control plan. The plan shall be used to
maintain and improve the quality of the training program over time. This plan
shall contain at least the following elements:
(i) Procedures for periodic revision of
training materials and the course test to reflect innovations in the field;
and
(ii) Procedures for the
training manager's annual review of principal instructor competency.
(j) Courses offered by the
training program must teach the work practice standards contained in
R307-841-5 or
R307-842-3,
as applicable, in such a manner that trainees are provided with the knowledge
needed to perform the renovations or lead-based paint activities they will be
responsible for conducting.
(k) The
training manager shall be responsible for ensuring that the training program
complies at all times with all of the requirements in this section.
(l) The training manager shall allow the
director or the director's authorized representative to audit the training
program to verify the contents of the application for accreditation as
described in paragraph (2) of this section.
(m) The training manager must provide
notification of renovator, dust sampling technician, or lead-based paint
activities courses offered.
(i) The training
manager must provide the director with notification of all renovator, dust
sampling technician, or lead-based paint activities courses offered except for
any renovator course without hands-on training delivered via electronic
learning. The original notification must be received by the director at least 7
business days prior to the start date of any renovator, dust sampling
technician, or lead-based paint activities course;
(ii) The training manager must provide the
director updated notification when renovator, dust sampling technician, or
lead-based paint activities courses will begin on a date other than the start
date specified in the original notification, as follows:
(A) For renovator, dust sampling technician,
or lead-based paint activities courses beginning prior to the start date
provided to the director, an updated notification must be received by the
director at least 7 business days before the new start date; and
(B) For renovator, dust sampling technician,
or lead-based paint activities courses beginning after the start date provided
to the director, an updated notification must be received by the director at
least 2 business days before the start date provided to the director;
(iii) The training manager must
update the director of any change in location of renovator, dust sampling
technician, or lead-based paint activities courses at least 7 business days
prior to the start date provided to the director;
(iv) The training manager must update the
director regarding any course cancellations, or any other change to the
original notification. Updated notifications must be received by the director
at least 2 business days prior to the start date provided to the
director;
(v) Each notification,
including updates, must include the following:
(A) Notification type (original, update, or
cancellation);
(B) Training program
name, address, and telephone number;
(C) Course discipline, type
(initial/refresher), and the language in which instruction will be
given;
(D) Date(s) and time(s) of
training;
(E) Training location(s)
telephone number, and address;
(F)
Principal instructor's name; and
(G) Training manager's name and
signature;
(vi)
Notification must be accomplished using any of the following methods: Written
notification, or electronically using the Utah Division of Air Quality
electronic notification system. Written notification of renovator, dust
sampling technician, or lead-based paint activities course schedules can be
accomplished by using either the sample form titled "Renovator, Dust Sampling
Technician, or Lead-Based Paint Activities Training Course Notification Form"
or a similar form containing the information required in paragraph (3)(m)(v) of
this section. All written notifications must be delivered to the director by
United States Postal Service, fax, commercial delivery service, hand delivery,
or by email. Instructions and sample forms can be obtained from the Utah
Division of Air Quality Lead-Based Paint Program web site;
(vii) Renovator, dust sampling technician, or
lead-based paint activities courses must not begin on a date, or at a location
other than that specified in the original notification unless an updated
notification identifying a new start date or location is submitted, in which
case the course must begin on the new start date and/or location specified in
the updated notification; and
(viii) No training program shall provide
renovator, dust sampling technician, or lead-based paint activities courses
without first notifying the director of such activities in accordance with the
requirements of this paragraph.
(n) The training manager must provide
notification following completion of renovator, dust sampling technician, or
lead-based paint activities courses.
(i) The
training manager must provide the director notification after the completion of
any renovator, dust sampling technician, or lead-based paint activities course.
This notification must be received by the director no later than 10 business
days following course completion. Notifications for any e-learning renovator
refresher course that does not include hands-on training must be submitted via
written notification or electronically using the Utah Division of Air Quality
electronic notification system no later than the
10th day of the month and include all students
trained in the previous month. Written notification for any e-learning
renovator refresher course, can be accomplished by using either the sample form
titled "Renovator, Dust Sampling Technician, or Lead-Based Paint Activities
Training Course Notification Form" or a similar form containing the information
required in paragraph (3)(n)(ii) of this section. All written notifications
must be delivered to the director by United States Postal Service, fax,
commercial delivery service, hand delivery, or by email. Instructions and
sample forms can be obtained from the Utah Division of Air Quality Lead-Based
Paint Program web site;
(ii) The
notification must include the following:
(A)
Training program name, address, and telephone number;
(B) Course discipline and type
(initial/refresher);
(C) Date(s) of
training;
(D) The following
information for each student who took the course:
(I) Name,
(II) Address,
(III) Date of birth,
(IV) Course completion certificate
number,
(V) Course test
score,
(VI) For renovator or dust
sampling technician courses, a digital photograph of the student, and
(VII) For renovator refresher courses, the
expiration date of the training certificate;
(E) Training manager's name and signature;
and
(F) Utah Division of Air
Quality Lead-Based Paint Program training verification statement.
(iii) Notification must be
accomplished using any of the following methods: Written notification, or
electronically using the Utah Division of Air Quality electronic notification
system. Written notification following renovator, dust sampling technician, or
lead-based paint activities training courses can be accomplished by using
either the sample form titled "Renovator, Dust Sampling Technician, or
Lead-Based Paint Activities Training Course Notification Form" or a similar
form containing the information required in paragraph (3)(n)(ii) of this
section. All written notifications must be delivered to the director by United
States Postal Service, fax, commercial delivery service, hand delivery, or by
email. Instructions and sample forms can be obtained from the Utah Division of
Air Quality Lead-Based Paint Program web site.
(4) Minimum training curriculum requirements.
A training program accredited by the director to offer lead-based paint courses
in the specific disciplines listed in paragraph (4) must ensure that its
courses of study include, at a minimum, the following course topics.
(a) Inspector. Instruction in the topics
described in paragraphs (4)(a)(iv), (v), (vi), and (vii) of this section must
be included in the hands-on portion of the course.
(i) Role and responsibilities of an
inspector;
(ii) Background
information on lead and its adverse health effects;
(iii) Background information on federal,
state, and local regulations and guidance that pertains to lead-based paint and
lead-based paint activities;
(iv)
Lead-based paint inspection methods, including selection of rooms and
components for sampling or testing;
(v) Paint, dust, and soil sampling
methodologies;
(vi) Clearance
standards and testing, including random sampling;
(vii) Preparation of the final inspection
report; and
(viii)
Recordkeeping.
(b) Risk
assessor. Instruction in the topics described in paragraphs (4)(b)(iv), (vi),
and (vii) of this section must be included in the hands-on portion of the
course.
(i) Role and responsibilities of a
risk assessor;
(ii) Collection of
background information to perform a risk assessment;
(iii) Sources of environmental lead
contamination such as paint, surface dust and soil, water, air, packaging, and
food;
(iv) Visual inspection for
the purposes of identifying potential sources of lead-based paint
hazards;
(v) Lead hazard screen
protocol;
(vi) Sampling for other
sources of lead exposure;
(vii)
Interpretation of lead-based paint and other lead sampling results, including
all applicable federal or state guidance or regulations pertaining to
lead-based paint hazards;
(viii)
Development of hazard control options, the role of interim controls, and
operations and maintenance activities to reduce lead-based paint hazards;
and
(ix) Preparation of a final
risk assessment report.
(c) Supervisor. Instruction in the topics
described in paragraphs (4)(c)(v), (vii), (viii), (ix), and (x) of this section
must be included in the hands-on portion of the course.
(i) Role and responsibilities of a
supervisor;
(ii) Background
information on lead and its adverse health effects;
(iii) Background information on federal,
state, and local regulations and guidance that pertain to lead-based paint
abatement;
(iv) Liability and
insurance issues relating to lead-based paint abatement;
(v) Risk assessment and inspection report
interpretation;
(vi) Development
and implementation of an occupant protection plan and abatement
report;
(vii) Lead-based paint
hazard recognition and control;
(viii) Lead-based paint abatement and
lead-based paint hazard reduction methods, including restricted
practices;
(ix) Interior dust
abatement/cleanup or lead-based paint hazard control and reduction
methods;
(x) Soil and exterior dust
abatement or lead-based paint hazard control and reduction methods;
(xi) Clearance standards and
testing;
(xii) Cleanup and waste
disposal; and
(xiii)
Recordkeeping.
(d)
Project designer.
(i) Role and
responsibilities of a project designer;
(ii) Development and implementation of an
occupant protection plan for large-scale abatement projects;
(ii) Development and implementation of an
occupant protection plan for large-scale abatement projects;
(iii) Lead-based paint abatement and
lead-based paint hazard reduction methods, including restricted practices for
large-scale abatement projects;
(iv) Interior dust abatement/cleanup or lead
hazard control and reduction methods for large-scale abatement
projects;
(v) Clearance standards
and testing for large scale abatement projects; and
(vi) Integration of lead-based paint
abatement methods with modernization and rehabilitation projects for large
scale abatement projects.
(e) Abatement worker. Instruction in the
topics described in paragraphs (4)(e)(iv), (v), (vi), and (vii) of this section
must be included in the hands-on portion of the course.
(i) Role and responsibilities of an abatement
worker;
(ii) Background information
on lead and its adverse health effects;
(iii) Background information on federal,
state, and local regulations and guidance that pertain to lead-based paint
abatement;
(iv) Lead-based paint
hazard recognition and control;
(v)
Lead-based paint abatement and lead-based paint hazard reduction methods,
including restricted practices;
(vi) Interior dust abatement methods/cleanup
or lead-based paint hazard reduction; and
(vii) Soil and exterior dust abatement
methods or lead-based paint hazard reduction.
(f) Renovator. Instruction in the topics
described in paragraphs (4)(f)(iv), (vi), (vii), and (viii) of this section
must be included in the hands-on portion of the course.
(i) Role and responsibility of a
renovator;
(ii) Background
information on lead and its adverse health effects;
(iii) Background information on EPA, HUD,
OSHA, and other federal, state, and local regulations and guidance that
pertains to lead-based paint and renovation activities;
(iv) Procedures for using acceptable test
kits to determine whether paint is lead-based paint;
(v) Procedures for collecting a paint chip
sample and sending it to a laboratory recognized by E PA under section 405(b)
of TSCA;
(vi) Renovation methods to
minimize the creation of dust and lead-based paint hazards;
(vii) Interior and exterior containment and
cleanup methods;
(viii) Methods to
ensure that the renovation has been properly completed, including cleaning
verification, and clearance testing;
(ix) Waste handling and disposal;
(x) Providing on-the-job training to other
workers; and
(xi) Record
preparation.
(g) Dust
sampling technician. Instruction in the topics described in paragraphs
(4)(g)(iv) and (vi) of this section must be included in the hands-on portion of
the course.
(i) Role and responsibility of a
dust sampling technician;
(ii)
Background information on lead and its adverse health effects;
(iii) Background information on federal,
state, and local regulations and guidance that pertains to lead-based paint and
renovation activities;
(iv) Dust
sampling methodologies;
(v)
Clearance standards and testing; and
(vi) Report preparation.
(5) Requirements for the
accreditation of refresher training programs. A training program may seek
accreditation to offer refresher training courses in any of the following
disciplines: Inspector, risk assessor, supervisor, project designer, abatement
worker, renovator, and dust sampling technician. A training program accredited
by the director to offer refresher training must meet the following minimum
requirements:
(a) Each refresher course shall
review the curriculum topics of the full-length courses listed under paragraph
(4) of this section, as appropriate. In addition, to become accredited to offer
refresher training courses, training programs shall ensure that their courses
of study include, at a minimum, the following:
(i) An overview of current safety practices
relating to lead-based paint in general, as well as specific information
pertaining to the appropriate discipline;
(ii) Current laws and regulations relating to
lead-based paint in general, as well as specific information pertaining to the
appropriate discipline; and
(iii)
Current technologies relating to lead-based paint in general, as well as
specific information pertaining to the appropriate discipline;
(b) Refresher courses for
inspector, risk assessor, supervisor, and abatement worker must last a minimum
of 8 training hours. Refresher courses for project designer, renovator, and
dust sampling technician must last a minimum of 4 training hours. Refresher
courses for all disciplines except renovator and project designer must include
a hands-on component. Renovators must take a refresher course that includes
hands-on training at least every other re-certification;
(c) Except for e-learning renovator refresher
courses and project designer courses, for all other courses offered, the
training program shall conduct a hands-on assessment. With the exception of
project designer courses, the training program shall conduct a course test at
the completion of the course. Renovators must take a refresher course that
includes hands-on training at least every other re-certification;
(d) A training program may apply for
accreditation of a refresher course concurrently with its application for
accreditation of the corresponding initial training course as described in
paragraph (2) of this section. If so, the director shall use the approval
procedure described in paragraph (2) of this section. In addition, the minimum
requirements contained in paragraphs (3)(a) through (3)(e), (3)(f)(viii), and
(3)(g) through (3)(n), and (5)(a) through (5)(c) of this section shall also
apply; and
(e) A training program
seeking accreditation to offer refresher training courses only shall submit a
written application to the director containing the following information:
(i) The refresher training program's name,
address, and telephone number;
(ii)
A list of courses for which it is applying for accreditation;
(iii) The name and documentation of the
qualifications of the training program manager;
(iv) The name(s) and documentation of the
qualifications of the principal instructor(s);
(v) A statement signed by the training
program manager certifying that the refresher training program meets the
minimum requirements established in paragraph (3) of this section, except for
the requirements in paragraph (3)(f) of this section. If a training program
uses EPA -developed model training materials, the training manager shall
include a statement certifying that, as well;
(vi) If the refresher training course
materials are not based on E PA -developed model training materials, the
training program's application for accreditation shall include:
(A) A copy of the student and instructor
manuals to be used for each course; and
(B) A copy of the course agenda for each
course;
(vii) All
refresher training programs shall include in their application for
accreditation the following:
(A) A
description of the facilities and equipment to be used for lecture and hands-on
training;
(B) A copy of the course
test blueprint for each course;
(C)
A description of the activities and procedures that will be used for conducting
the assessment of hands-on skills for each course (if applicable);
and
(D) A copy of the quality
control plan as described in paragraph (3)(i) of this section;
(viii) The requirements in
paragraphs (3)(a) through (3)(e), (3)(f)(viii) and (3)(g) through (3)(n) of
this section apply to refresher training providers; and
(ix) If a refresher training program meets
the requirements listed in this paragraph, then the director shall approve the
application for accreditation no more than 180 days after receiving a complete
application from the refresher training program. In the case of approval, a
certificate of accreditation shall be sent to the applicant. In the case of
disapproval, a letter describing the reasons for disapproval shall be sent to
the applicant. Prior to disapproval, the director may, at the director's
discretion, work with the applicant to address inadequacies in the application
for accreditation. The director may also request additional materials retained
by the refresher training program under paragraph (8) of this section. If a
refresher training program's application is disapproved, the program may
reapply for accreditation at any time.
(6) Re-accreditation of training programs.
(a) Unless re-accredited, a training
program's accreditation, including refresher training accreditation, shall
expire 4 years after the date of issuance. If a training program meets the
requirements of this section, the training program shall be
re-accredited.
(b) A training
program seeking re-accreditation shall submit an application to the director no
later than 180 days before its accreditation expires. If a training program
does not submit its application for re-accreditation by that date, the director
cannot guarantee that the program will be re-accredited before the end of the
accreditation period.
(c) The
training program's application for re-accreditation shall contain:
(i) The training program's name, address, and
telephone number;
(ii) A list of
courses for which it is applying for re-accreditation;
(iii) The name and qualifications of the
training program manager;
(iv) The
name(s) and qualifications of the principal instructor(s);
(v) A description of any changes to the
training facility, equipment or course materials since its last application was
approved that adversely affects the students' ability to learn;
(vi) A statement signed by the program
manager stating:
(A) That the training program
complies at all times with all requirements in paragraphs (3) and (5) of this
section, as applicable; and
(B) The
recordkeeping and reporting requirements of paragraph (8) of this section shall
be followed; and
(vii) A
payment of appropriate fees in accordance with the current Department of
Environmental Quality Fee Schedule.
(d) Upon request, the training program shall
allow the director or the director's authorized representative to audit the
training program to verify the contents of the application for re-accreditation
as described in paragraph (6)(c) of this section.
(7) Suspension, revocation, and modification
of accredited training programs.
(a) The
director may, after notice and an opportunity, for hearing, suspend, revoke, or
modify training program accreditation, including refresher training
accreditation, if a training program, training manager, or other person with
supervisory authority over the training program has:
(i) Misrepresented the contents of a training
course to the director and/or the student population;
(ii) Failed to submit required information or
notifications in a timely manner;
(iii) Failed to maintain required
records;
(iv) Falsified
accreditation records, instructor qualifications, or other
accreditation-related information or documentation;
(v) Failed to comply with the training
standards and requirements in this section;
(vi) Failed to comply with federal, state, or
local lead-based paint statutes or regulations; or
(vii) Made false or misleading statements to
the director in its application for accreditation or re-accreditation which the
director relied upon in approving the application.
(b) In addition to an administrative or
judicial finding of violation, execution of a consent agreement in settlement
of an enforcement action constitutes, for purposes of this section, evidence of
a failure to comply with relevant statutes or regulations.
(8) Training program recordkeeping
requirements.
(a) Accredited training programs
shall maintain, and make available to the director or the director's authorized
representative, upon request, the following records:
(i) All documents specified in paragraph
(3)(d) of this section that demonstrate the qualifications listed in paragraphs
(3)(a) and (3)(b) of this section of the training manager and principal
instructors;
(ii) Current
curriculum/course materials and documents reflecting any changes made to these
materials;
(iii) The course test
blueprint;
(iv) Information
regarding how the hands-on assessment is conducted including, but not limited
to:
(A) Who conducts the assessment;
(B) How the skills are graded;
(C) What facilities are used; and
(D) The pass/fail rate;
(v) The quality control plan as described in
paragraph (3)(i) of this section;
(vi) Results of the students' hands-on skills
assessments and course tests, and a record of each student's course completion
certificate;
(vii) Any other
material not listed in paragraphs (8)(a)(i) through (8)(a)(vi) of this section
that was submitted to the director as part of the program's application for
accreditation.
(viii) For renovator
refresher and dust sampling technician refresher courses, a copy of each
trainee's prior course completion certificate showing that each trainee was
eligible to take the refresher course; and
(ix) For course modules delivered in an
electronic format, a record of each student's log-ins, launches, progress, and
completion, and a copy of the electronic learning completion certificate for
each student.
(b) The
training program must retain records pertaining to renovator, dust sampling
technician and lead-based paint activities courses at the address specified on
the training program accreditation application (or as modified in accordance
with paragraph (8)(c) of this section) for the following minimum periods:
(i) Records pertaining to lead-based paint
activities courses must be retained for a minimum of 3 years and 6
months;
(ii) Records pertaining to
renovator or dust sampling technician courses offered must be retained for a
minimum of 5 years and 6 months.
(c) The training program shall notify the
director in writing within 30 days of changing the address specified on its
training program accreditation application or transferring the records from
that address.
(9)
Amendment of accreditation.
(a) A training
program must amend its accreditation within 90 days of the date a change occurs
to information included in the program's most recent application. If the
training program fails to amend its accreditation within 90 days of the date
the change occurs, the program may not provide renovator, dust sampling
technician, or lead-based paint activities training until its accreditation is
amended.
(b) To amend an
accreditation, a training program must submit a completed Division of Air
Quality Lead-Based Paint Application for Course Accreditation, signed by an
authorized agent of the training provider, noting on the form that it is
submitted as an amendment and indicating the information that has
changed.
(c) Training managers,
principal instructors, permanent training locations. If the amendment includes
a new training program manager, any new or additional principal instructor(s),
or any new permanent training location(s), the training provider is not
permitted to provide training under the new training manager or offer courses
taught by any new principal instructor(s) or at the new training location(s)
until the director either approves the amendment or 30 days have elapsed,
whichever occurs earlier. Except:
(i) If the
amendment includes a new training program manager or new or additional
principal instructor that was identified in a training provider accreditation
application that the director has already approved under this section, the
training provider may begin to provide training under the new training manager
or offer courses taught by the new principal instructor on an interim basis as
soon as the provider submits the amendment to the director. The training
provider may continue to provide training under the new training manager or
offer courses taught by the new principal instructor if the director approves
the amendment or if the director does not disapprove the amendment within 30
days.
(ii) If the amendment
includes a new permanent training location, the training provider may begin to
provide training at the new permanent training location on an interim basis as
soon as the provider submits the amendment to the director. The training
provider may continue to provide training at the new permanent training
location if the director approves the amendment or if the director does not
disapprove the amendment within 30 days.
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.