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(continued)
(2) Clearance inspections such as specified in "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing", U.S. Department of Housing and Urban Development, June 1995, or most recent revision.
(d) Classroom instruction shall include:
(1) Regulatory requirements as specified in:
(A) California's Construction Safety Orders set forth in Title 8, California Code of Regulations, section 1532.1;
(B) Section 35055(a)(2)(A) and (B); and
(C) Section 35057(d)(1)(C).
(2) Job tasks associated with sample collection and analysis procedures as specified in section 35057(d)(3).
(3) At least five contact hours on job tasks associated with lead-related construction as specified in section 35057(d)(4).
(4) Supervision and project monitoring job tasks associated with lead-related construction project design as specified in 35057(d)(5).
(5) Supervision and project monitoring issues as specified in 35057(d)(6)(7) and (8).
(6) Discussion of the roles and responsibilities of the interim certified individual as specified in 35055(a)(4).
Note: Authority cited: Sections 100275, 105250 and 124160, Health and Safety Code. Reference: Sections 100275, 105250 and 124160, Health and Safety Code.
s 35067. Course Requirements.
(a) A lead-related construction certified industrial hygienist course shall consist of a minimum of 24 contact hours which includes methodology requirements specified in subsection 35067(b), hands-on training, as specified in subsection 35067(c), and classroom instruction, as specified in subsection 35067(d).
(b) At least eight of the 24 required contact hours shall be hands-on training.
(c) Hands-on training shall include performance of tasks associated with:
(1) Inspection and hazard assessment techniques as specified in "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing", U.S. Department of Housing and Urban Development, June 1995, or most recent revision.
(2) Simulated field visit associated with lead-related construction inspection and assessment which includes:
(A) Walk-through building inspection;
(B) Discussion of data collection, including sample location determination; and
(C) Practice with an X-ray Fluorescence (XRF) analyzer.
(3) Simulated field visit associated with developing lead-related construction project designs which includes:
(A) Building walk-through for development of project design; and
(B) On-site discussion of project design.
(d) Classroom instruction shall include:
(1) Background information on lead, including:
(A) Identification of sources of environmental lead such as surface dust, soil, water, air, and food;
(B) History of uses and locations of lead and leaded paint in buildings;
(C) Lead dust and paint characteristics; and
(D) Summary of lead abatement control options, including interim controls.
(2) Relevant federal, state and local regulatory requirements:
(A) Requirements for the identification, management, transport, record keeping, and disposal of hazardous waste set forth in Title 22, California Code of Regulations, Division 4.5, Chapters 10, 11, 12, 13, and 18, and Health and Safety Code section 25163, subdivision (c), and Chapter 6.5, Article 10.8;
(B) Ambient Air Quality Standards for lead set forth in Title 17, California Code of Regulations, sections 70100 and 70200;
(C) California's Construction Safety Orders set forth in Title 8, California Code of Regulations, section 1532.1;
(D) National Emission Standards for Hazardous Air Pollutants set forth in 40 Code of Federal Regulations, section 50.12 (1992);
(E) Relevant State Contractor Licensing Board requirements for conducting work as a contractor set forth in section 7026 and following of the Business and Professions Code;
(F) Permitting requirements for lower risk treatment activities set forth in Health and Safety Code, Chapter 6.5, Article 9, sections 25200.3, 25201.5, and Title 22, California Code of Regulations, Division 4.5, Chapter 45; and
(G) Work practice requirements set forth in Title 17, California Code of Regulations, sections 36000 and 36100.
(3) Federal guidelines as specified in "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing", U.S. Department of Housing and Urban Development, June 1995, or most recent revision.
(4) Roles and responsibilities of local health officials versus private sector Inspector/Assessors when conducting lead hazard assessments.
(5) Job tasks associated with lead hazard inspection procedures as follows:
(A) Review and interpretation of previous inspection records;
(B) Inspection plan development, including notification of property owners and occupants, building access, use of warning signs, and disruption minimization;
(C) Hazard communication with property owners, occupants, and neighbors relative to the reduction or elimination of sources of lead at the job site such as paint, dust, soil, water, imported ceramic pottery, home remedies, or occupational take-home sources;
(D) Visual inspections and clearance inspections;
(E) Investigation protocol for assessing multiple sources of lead exposure;
(F) Sample collection including equipment, procedures, quality assurance and contamination factors before, during and after abatement, as described in "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing", U.S. Department of Housing and Urban Development, June 1995, or most recent revision;
(G) Sample analysis, including selection of an EPA recognized laboratory to test paint, dust, soil samples and other media and quality assurance procedures; and
(H) Post-inspection procedures and written reports.
(6) Job tasks associated with lead hazard risk assessment as follows:
(A) HUD protocol for risk assessment and interim controls as specified in "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing", U.S. Department of Housing and Urban Development, June 1995, or most recent revision;
(B) Assessment of leaded paint surface damage, including disturbance potential of lead-related construction activities;
(C) Child accessibility to lead-based paint surfaces; and
(D) Public and lead-related construction personnel health considerations, including medical confidentiality.
(7) Lead-based paint abatement techniques in residential and public, buildings as follows:
(A) Abatement options, including interim controls;
(B) Clean-up and disposal procedures, contamination prevention and dust minimization, including high efficiency particulate air (HEPA) vacuums as described in "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing", U.S. Department of Housing and Urban Development, June 1995, or most recent revision; and
(C) Abatement and interim controls cost estimation.
(8) Inspector/Assessor qualifications, responsibilities, legal obligations and conflicts of interest.
(9) Insurance issues relating to lead-related construction including:
(A) Workers' compensation coverage and exclusions; and
(B) Liability insurance, claims-made and occurrence policies, and environmental and pollution liability policy clauses, and bonding.
(10) Job tasks associated with lead-related construction including, but not not limited to, the following:
(A) Abatement as a portion of a renovation project;
(B) Notification of other contractors working at the construction site;
(C) Safe work practices as follows:
1. Construction and maintenance of containment barriers;
2. Warning signs and their placement; and
3. Electrical and ventilation systems lockout;
(D) Meeting housing codes and standards;
(E) Procedures for occupied buildings, including strategies for occupant education, occupant and furniture relocation, and exposure minimization;
(F) Development of detailed schedules to comply with project design requirements and execution of tasks, including but not limited to, resident notification, building access, warning signs, and occupant disruption minimization; and
(G) Administrative tasks associated with supervision and project monitoring:
1. Contract specifications, preparation and administration;
2. Cost estimation, including strategies for cost reduction.
(11) Supervision and project monitoring job tasks associated with project design as follows:
(A) Review of inspection reports;
(B) Performance of clearance testing methods as described in "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing", U.S. Department of Housing and Urban Development, June 1995, or most recent revision; and
(C) Performance of hazardous waste segregation, testing, and disposal.
(12) Conflicts of interest related to the performance of supervision, inspection, and project monitoring tasks.
(13) Job tasks associated with lead-related construction project design as follows:
(A) Development and modification of project design specifications:
1. Working with other consultants such as industrial hygienists, construction journeymen, engineers, and housing specialists;
2. Prescriptive and performance specifications;
3. Drawing preparation, including interpretation of as-built drawings;
4. Structure modification;
5. Special design procedures for occupied buildings, including strategies for occupant education, occupant and furniture relocation, and exposure minimization;
6. Selection of abatement and interim control methods;
7. Cost estimation for budgeting purposes, including strategies for cost reduction; and
8. Scheduling parameters, including resident notification, building access, warning signs, and occupant disruption minimization.
(14) Classroom discussion of simulated field visits.
Note: Authority cited: Sections 100275, 105250 and 124160, Health and Safety Code. Reference: Sections 100275, 105250 and 124160, Health and Safety Code.
s 35070. Continuing Education for Workers Requirements.
(a) Continuing education for workers shall only be provided by an accredited training provider approved by the Department to offer the lead-related construction work course.
(b) Continuing education instruction shall be designed to increase or enhance skills and knowledge necessary to perform the job tasks and job functions associated with certification and shall be offered in minimum increments of one contact hour.
(c) At least 40% of continuing education instruction for workers shall be taught using interactive/participatory teaching methods.
(d) Continuing education topics shall include:
(1) An overview of safety practices relevant to tasks conducted by certified lead workers;
(2) An update on federal, state, or local statutes or regulations relevant to tasks conducted by certified lead workers; and
(3) An update on new lead-related construction techniques or technologies relevant to tasks conducted by certified lead workers.
Note: Authority cited: Sections 100275, 105250 and 124160, Health and Safety Code. Reference: Sections 100275, 105250 and 124160, Health and Safety Code.
s 35072. General Continuing Education Requirements.
(a) General continuing education shall only be provided by an accredited training provider approved to offer one of the following lead-related construction courses: inspection and assessment, supervision and project monitoring, supplemental supervision and project monitoring, project design, or Certified Industrial Hygienist.
(b) General continuing education instruction shall be designed to increase or enhance skills and knowledge necessary to perform the job tasks and job functions associated with certification or interim certification and shall be offered in minimum increments of one contact hour.
(c) At least 25% of general continuing education instruction shall be taught using interactive/participatory teaching methods.
(d) General continuing education topics shall include:
(1) An overview of safety practices in lead-related construction;
(2) An update on federal, state, or local statutes or regulations relevant to tasks conducted by certified lead inspector/assessors, project designers, project monitors, and supervisors; and
(3) An update on lead-related construction techniques or technologies relevant to tasks conducted by certified lead inspector/assessors, project designers, project monitors, and supervisors.
Note: Authority cited: Sections 100275, 105250 and 124160, Health and Safety Code. Reference: Sections 100275, 105250 and 124160, Health and Safety Code.
s 35076. Application Requirements.
(a) A complete application for provisional accreditation or provisional course approval shall consist of a completed DHS Form 8487 (12/97), Application for Training Provider Accreditation and Course Approval, and required documentation as follows:
(1) Type of application:
(A) Accreditation; or
(B) Course Approval.
(2) Type of course or training applicant seeks to provide:
(A) Lead-related construction inspection and assessment course;
(B) Lead-related construction supervision and project monitoring course;
(C) Lead-related construction project design course;
(D) Lead-related construction work course;
(E) Lead-related construction supplemental supervision course;
(F) Lead-related construction Certified Industrial Hygienist course;
(G) Lead-related construction general continuing education and number of contact hours; or
(H) Lead-related construction continuing education for workers and number of contact hours.
(3) Applicant information:
(A) Training provider's name, street address (principal place of business), mailing address (if different from street address), telephone number, and fax number, if applicable; and
(B) Training Director's name, street address and mailing address (if different from street address).
(4) Operational information:
(A) Description of training facility (including classroom and field site), equipment, and equipment storage;
(B) Description of record keeping procedures;
(C) One copy of the entire course or continuing education instruction curriculum, including, but not limited to, learning objectives, documentation of the length and sequence of topics to be covered during the course(s) or continuing education instruction, student and instructor manuals, handouts, quizzes, and homework;
(D) Student-to-instructor ratio during hands-on training;
(E) Description of the amount and type of hands-on training;
(F) Description of the teaching methods to be used for each major topic and for hands-on training;
(G) Description of the audio/visual aids to be used for each major topic; and
(H) List of languages, other than English, in which training will be offered.
(5) Personnel information:
(A) Documentation of Training Director's qualifications pursuant to paragraphs 35053(a)(1)-(4);
(B) Name(s) of instructor(s);
(C) Course(s) or topic(s) instructor(s) will teach;
(D) Documentation of instructors' qualifications pursuant to paragraphs 35053(b)(1)-(4);
(E) Name(s) of guest instructor(s);
(F) Course(s) or topic(s) guest instructor(s) will teach; and
(G) Documentation of guest instructors' qualifications pursuant to subsection 35053(d).
(6) Final examination information:
(A) List of skills and knowledge to be tested;
(B) One copy of the entire final examination and correct answers, including demonstration testing criteria and protocol;
(C) One copy of the student final examination scoresheet or other record; and
(D) One copy of each retake examination and correct answers.
(7) Compliance with other relevant regulations:
(A) Documentation of approval under Section 94915, or exemption under Section 94739, or disclosure under Section 94931, of the California Education Code, as applicable; and
(B) Documentation of compliance with any radiological licensing, storage, and use requirements of the Department of Health Services Radiologic Health Branch set forth in Title 17, California Code of Regulations, Division 1, Chapter 5, Subchapter 4, 4.5, and 4.6; and
(C) Documentation of accreditation by other state or federal agencies, if applicable.
(8) Applicant's name, printed or typed, signature, title, and date, verifying under penalty of perjury, that all information contained on and submitted with DHS Form 8487 (12/97), Application for Training Provider Accreditation, is true and correct.
(b) A training provider seeking to renew accreditation shall submit a completed DHS Form 8557 (12/97) Renewal of Training Provider Accreditation and Course Approval, and required documentation as follows:
(1) Type of course(s) or training applicant is currently approved to offer:
(A) Lead-related construction inspection and assessment course;
(B) Lead-related construction supervision and project monitoring course;
(C) Lead-related construction project design course;
(D) Lead-related construction work course;
(E) Lead-related construction supplemental supervision course;
(F) Lead-related construction Certified Industrial Hygienist course;
(G) Lead-related construction general continuing education and number of contact hours; or
(H) Lead-related construction continuing education for workers and number of contact hours.
(2) Applicant information:
(A) Training provider's name, street address (principal place of business), mailing address (if different from street address), telephone number, and fax number, if applicable;
(B) Training Director's name, street address and mailing address (if different from street address);
(C) Accreditation Number;
(D) Current course or continuing education instruction number(s); and
(3) A description of the training facility (including classroom and field site), equipment, and equipment storage, if changed since the original application for accreditation;
(4) Personnel information:
(A) Documentation of instructor's qualifications pursuant to paragraphs 35053(b)(1)-(4);
(B) Name(s) of instructor(s);
(C) Course(s) or topic(s) instructor(s) will teach;
(D) Name(s) of guest instructor(s);
(E) Course(s) or topic(s) guest instructor(s) will teach; and
(F) Documentation of guest instructors' qualifications pursuant to subsection 35053(d).
(5) Final examination information:
(A) One copy of the entire final examination and correct answers, including demonstration testing;
(B) One copy of the student examination scoresheet or other record; and
(C) One copy of each retake examination and correct answers.
(6) Compliance with other relevant regulations:
(A) Documentation of approval under Section 94915, or exemption under Section 64739, or disclosure under Section 94931, of the California Education Code, as applicable; and
(B) Documentation of compliance with any radiological licensing, storage, and use requirements of the Department of Health Services Radiologic Health Branch set forth in Title 17, California Code of Regulations, Division 1, Chapter 5, Subchapter 4, 4.5, and 4.6; and
(C) Documentation of accreditation by other state or federal agencies, if applicable.
(7) Applicant's name, printed or typed, signature, title, and date, verifying under penalty of perjury, that all information contained on and submitted with DHS Form 8557 (12/97), Application for Renewal of Training Provider Accreditation, is true and correct.
(c) An accredited training provider seeking DHS approval to offer an additional course shall submit a completed DHS Form 8487 (12/97), Application for Training Provider Accreditation, and required documentation, except an applicant need not re-submit unchanged information and documentation that was submitted with the original application for accreditation.
(d) An accredited training provider shall notify the Department within 30 calendar days of a change of address.
Note: Authority cited: Sections 100275, 105250 and 124160, Health and Safety Code. Reference: Sections 100275, 105250 and 124160, Health and Safety Code.
s 35078. Accreditation Procedures.
(a) Within 30 calendar days of receipt of an application for accreditation, renewal, or course approval, the Department shall inform the applicant in writing that the application is either complete or incomplete and what additional information documentation is required to complete the application.
(1) If an applicant submits required information or documentation within 30 days from the issuance date of the notice of incompleteness, the Department shall issue a written notice of completeness.
(2) If an applicant fails to submit required information or documentation within 30 days from the issuance date of the notice of incompleteness, the application shall be deemed to be abandoned and reapplication shall be required.
(3) An application may be withdrawn by written request to the Department.
(b) Within 60 calendar days from the issuance date of the notice of completeness, the Department shall grant or deny provisional accreditation, renewal, or provisional course approval.
(1) If denied, the Department shall state, in writing, the reasons for denial.
(2) If granted, a written notice containing an accreditation number and course number(s), shall be sent to the applicant.
(A) The issuance date of the written notice shall be the effective date of provisional accreditation, renewal, or provisional course approval.
(B) Upon issuance of the written notice granting provisional accreditation or course approval, an accredited training provider may commence offering a DHS-approved course(s).
(c) Processing Time:
(1) Pursuant to the Permit Reform Act, Government Code section 15376, the minimum, median, and maximum elapsed time to process an application for accreditation, renewal, or course approval, and issue a written notification of approval shall be as follows:
(A) Minimum: 15 calendar days.
(B) Median: 30 calendar days.
(C) Maximum: 260 calendar days.
(2) The Department may exceed the maximum time as provided above if the applicant requests in writing a delay of consideration of the application or issuance of a written notification of provisional accreditation, renewal, or provisional course approval.
(d) In making a determination of whether to grant or deny provisional accreditation, renewal, or provisional course approval, the Department may take into consideration various factors, including, but not limited to the following:
(1) Failure to satisfy eligibility requirements for accreditation;
(2) Failure to satisfy eligibility requirements for course approval;
(3) Past history of revocation of accreditation;
(4) False statements in the application; or
(5) Failure to provide further required documentation or information requested by the Department.
(e) Provisional status shall be removed if an accreditation audit indicates that requirements for accreditation are satisfied.
(1) A provisionally accredited training provider shall permit the Department to conduct an accreditation audit without charge to the Department. Advance notice shall not be required prior to conducting an accreditation audit.
(2) An accreditation audit shall be conducted within 365 calendar days following the issuance of provisional accreditation.
(3) An accreditation audit shall be performed on site and shall include, but not be limited to, a review of: records, including Course Completion Forms and attendance records; facilities; instructional curriculum; examination design, administration and security procedures, and results, including those of demonstration testing; classroom instruction; audio-visual materials; course content; and coverage.
(f) Provisional status shall be removed if a course audit indicates that requirements for DHS course approval are satisfied.
(1) A provisionally accredited or accredited training provider shall permit the Department to conduct a course audit without charge to the Department. Advance notice shall not be required prior to conducting a course audit.
(2) A course audit shall be conducted within 365 calendar days following the issuance of provisional course approval.
(3) A course audit shall be performed on site and shall include, but not be limited to, a review of: instructional curriculum; examination design, administration and security procedures, and results, including those of demonstration testing; classroom instruction; audio-visual materials, course content; and coverage.
(g) If an accreditation or course audit indicates that requirements for accreditation or course approval are not satisfied, the Department shall issue, within seven working days of completion of the accreditation or course audit, written notice of required modifications.
(1) Written notice shall include an explanation of the Department's audit process, a statement of inadequacies found upon audit, possible actions that may be imposed, a description of procedures available if the training provider desires an opportunity to explain or justify the findings of the audit, steps that must be taken to correct any inadequacies, and any applicable deadlines.
(h) If an accreditation or course audit indicates that requirements for accreditation or course approval are satisfied, a written notice removing provisional accreditation or provisional course approval shall be issued within seven working days after completion of an accreditation or course audit.
(1) Accreditation shall be valid for a period of three years and shall not be transferable.
(2) Renewal applications shall be required at least 120 calendar days prior to the expiration date of accreditation.
(i) An accredited training provider shall permit the Department to conduct on-site investigations at any time. Advance notice shall not be required. On-site investigations may include, but are not limited to, a review of: records, including Course Completion Forms and attendance records; facilities; training curriculum; examination design, administration and security procedures, and results, including those of demonstration testing; classroom instruction; audio-visual materials; course content; and coverage.
Note: Authority cited: Sections 100275, 105250 and 124160, Health and Safety Code. Reference: Sections 100275, 105250 and 124160, Health and Safety Code.
s 35080. Action to Suspend or Revoke Accreditation, Provisional Accreditation, or Course Approval.
(a) Accreditation, provisional accreditation, or course approval may be suspended or revoked by the Department for:
(1) Failure to adhere to the standards and requirements for accreditation, provisional accreditation, or course approval;
(2) Failure to properly administer, score, or maintain security of a required examination, examination answers, or results;
(3) Failure to maintain approval or authority to operate granted by the Council For Private Postsecondary and Vocational Education;
(4) Falsification of accreditation records, instructor qualifications, or other accreditation information;
(5) Failure to provide the required course contact hours, course content, or coverage;
(6) Misrepresentation of the contents of a course;
(7) Failure to submit required information or notifications in a timely manner;
(8) Failure to maintain required records;
(9) Failure to comply with relevant federal, state, or local leaded paint statutes or regulations;
(10) Failure to make modifications required by the Department within 30 days from the issuance date of the written notice of required modifications; or
(11) Other conditions revealed by any means which would warrant suspension or revocation.
(b) Suspension or revocation and an appeal of any suspension or revocation shall be conducted in compliance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(c) Prior to suspension or revocation, an accredited or provisionally accredited training provider will be given an opportunity, except in the case of willful violation or threat to public health and safety, to remedy deficiencies that may result in suspension or revocation.
(1) The accredited or provisionally accredited training provider shall be given a statement which includes the Department's findings, an explanation of what the accredited or provisionally accredited training provider must do to comply with the regulations, and the time period in which the accredited or provisionally accredited training provider must act.
(2) The accredited or provisionally accredited training provider must remedy the deficiencies within a reasonable time specified by the Department which shall be no more than 30 calendar days after the issuance date of the statement of deficiencies.
(d) A training provider shall not offer course training when accreditation, provisional accreditation, or DHS course approval is suspended or revoked, except, the Department, at its discretion, may permit the training provider to continue to offer training to students already enrolled. If training is not permitted to continue, a refund of all tuition and other charges shall be provided to students already enrolled, if applicable.
Note: Authority cited: Sections 100275, 105250 and 124160, Health and Safety Code. Reference: Sections 100275, 105250 and 124160, Health and Safety Code.
s 35081. Representation of Certification Status.
Unless certified pursuant to the requirements of this chapter, no person shall represent themselves as, or do business as, a certified lead-inspector/assessor, certified lead project designer, certified lead project monitor, certified lead supervisor, or certified lead worker.
Note: Authority cited: Sections 105250(a) and (b) and 124160(b), Health and Safety Code. Reference: Sections 16240 and 17200, Business and Professions Code.
s 35082. Application Timeliness.
(a) Applicants for certification or interim certification shall apply to the Department within one year from the issuance date of DHS Form 8493 (12/97), Course Completion Form.
(b) Applicants failing to apply within one year from the issuance date of DHS Form 8493 (12/97), Course Completion Form, shall complete a minimum of seven contact hours of:
(1) General continuing education in order to be eligible to apply for inspector/assessor, project designer and/or project monitor certification or interim certification;
(2) General continuing education or continuing education for workers in order to be eligible to apply for supervisor certification or interim certification; or
(3) Continuing education for workers in order to be eligible to apply for worker certification.
(c) Applicants failing to apply within three years from the issuance date of DHS Form 8493 (12/97), Course Completion Form, shall retake the appropriate DHS-Approved course to be eligible to apply for certification.
(d) Applications for certification or interim certification renewal shall be submitted at least 120 calendar days prior to the expiration date indicated on the certificate or interim certificate.
Note: Authority cited: Sections 100275, 105250 and 124160, Health and Safety Code. Reference: Sections 100275, 105250 and 124160, Health and Safety Code.
s 35083. Inspector/Assessor.
To qualify for certification as a certified lead inspector/assessor, an individual shall comply with all applicable requirements specified in sections 35095 and 35096 and meet the following minimum eligibility requirements:
(a) Possess DHS Form 8493 (12/97), Course Completion Form, from a lead-related construction inspection and assessment course; and
(b) Pass the lead certification examination for inspector/assessors offered by the Department; and either:
(1) Have a bachelor's degree in biological, chemical, or physical science, or a related field and one year of experience in lead-related construction or a related field (e.g., asbestos, or environmental remediation work) conducting environmental inspections and assessing environmental health, occupational safety, or environmental hazards, or designing projects in environmental health, occupational safety, or environmental hazard reduction; or
(2) Have an associate degree in biological, chemical, or physical science, or a related field, or 20 semester or 30 quarter units in biological, chemical, or physical science, or a related field, and two years of experience in lead-related construction or a related field (e.g., asbestos, or environmental remediation work) conducting environmental inspections and assessing environmental health, occupational safety, or environmental hazards, or designing projects in environmental health, occupational safety, or environmental hazard reduction; or
(3) Have a high school diploma or equivalent and at least three years of experience in lead-related construction or a related field (e.g., asbestos, or environmental remediation work) conducting environmental inspections and assessing environmental health, occupational safety, or environmental hazards, or designing projects in environmental health, occupational safety, or environmental hazard reduction; or
(4) Be a certified industrial hygienist and possess DHS Form 8493 (12/97), Course Completion Form, from a lead-related construction Certified Industrial Hygienist course.
Note: Authority cited: Sections 100275, 105250 and 124160, Health and Safety Code. Reference: Sections 100275, 105250 and 124160, Health and Safety Code.
s 35085. Supervisor.
To qualify for certification as a certified lead supervisor, an individual shall comply with all applicable requirements specified in sections 35095 and 35096 and meet the following minimum eligibility requirements:
(a) Possess DHS Form 8493 (12/97), Course Completion Form, from a lead-related construction supervision and project monitoring course or possess DHS Forms 8493 (12/97), Course Completion Forms, from a lead-related construction work course and a lead-related construction supplemental supervision and project monitoring course; and
(b) Pass the lead certification examination for supervisors offered by the Department; and either:
(1) Have one year of experience as a certified lead worker; or
(2) Have two years of experience in lead-related construction or a related field (e.g., asbestos, the building trades, or environmental remediation work) conducting environmental health, occupational safety, or environmental hazard control.
Note: Authority cited: Sections 100275, 105250 and 124160, Health and Safety Code. Reference: Sections 100275, 105250 and 124160, Health and Safety Code.
s 35087. Project Monitor.
To qualify for certification as a certified lead project monitor, an individual shall comply with all applicable requirements specified in sections 35095 and 35096 and meet the following minimum eligibility requirements:
(a) Possess DHS Form 8493 (12/97), Course Completion Form, from a lead-related construction supervision and project monitoring course or possess DHS Forms 8493 (12/97), Course Completion Forms, from a lead-related construction work course and a lead-related construction supplemental supervision and project monitoring course; and:
(b) Pass the lead certification examination for project monitors offered by the Department; and either:
(1) Have a bachelor's degree in biological, chemical, or physical science, or a related field and one year of experience in lead-related construction or a related field (e.g., asbestos, environmental remediation work, or other construction) conducting or monitoring environmental health, occupational safety, or environmental hazards, or designing projects in environmental health, occupational safety, or environmental hazard reduction; or
(2) Have an associate degree in biological, chemical, or physical science, or a related field, or 20 semester or 30 quarter units in biological, chemical, or physical science, or a related field and one year of experience as a certified lead supervisor or two years of experience in lead-related construction or a related field (e.g., asbestos, or environmental remediation work) conducting or monitoring environmental health, occupational safety, or environmental hazard reduction projects or designing projects in environmental health, occupational safety, or environmental hazard reduction; or
(3) Have a high school diploma or equivalent plus two years experience as a certified lead supervisor, or three years of experience in lead-related construction or a related field (e.g., asbestos, or environmental remediation work) conducting or monitoring environmental health, occupational safety or environmental hazard reduction projects, or designing projects in environmental health, occupational safety, or environmental hazard reduction; or
(4) Be a certified industrial hygienist and possess DHS Form 8493 (12/97), Course Completion Form, from a lead-related construction Certified Industrial Hygienist course.
Note: Authority cited: Sections 100275, 105250 and 124160, Health and Safety Code. Reference: Sections 100275, 105250 and 124160, Health and Safety Code.
s 35089. Project Designer.
To qualify for certification as a certified lead project designer, an individual shall comply with all applicable requirements specified in sections 35095 and 35096 and meet the following minimum eligibility requirements;
(a) Possess DHS Form 8493 (12/97), Course Completion Forms, from a lead-related construction supervision and project monitoring course issued within 3 years prior to the application date for certification as a project designer and from a lead-related construction project design course or be a certified lead supervisor or certified lead project monitor and possess DHS Form 8493 (12/97), Course Completion Form, from a lead-related construction project design course; and
(b) Pass the lead certification examination for project designers offered by the Department; and either:
(1) Have a bachelor's degree in engineering, architecture, or a related profession, and one year of experience in building construction and design or a related field; or
(2) Have an associate degree or higher in building construction, building design or a related field, or 20 semester or 30 quarter units in building construction, building design or a related field, and two years of experience in building construction and design or a related field; or
(3) Have a high school diploma or equivalent plus four years of experience in building construction and design or a related field; or
(4) Be a certified industrial hygienist and posses DHS Form 8493 (12/97), Course Completion Form, from a lead-related construction Certified Industrial Hygienist course.
Note: Authority cited: Sections 100275, 105250 and 124160, Health and Safety Code. Reference: Sections 100275, 105250 and 124160, Health and Safety Code.
s 35091. Worker.
To qualify for certification as a certified lead worker, an individual shall comply with all applicable requirements specified in sections 35095 and 35096 and possess DHS Form 8493 (12/97), Course Completion Form, from a lead-related construction work course.
Note: Authority cited: Sections 100275, 105250 and 124160, Health and Safety Code. Reference: Sections 100275, 105250 and 124160, Health and Safety Code.
s 35093. Interim Certification and Renewal.
(a) Applications for interim certification shall be accepted through August 30, 1998. Applications for renewal of interim certification shall be accepted through December 31, 1998. Individuals who possess interim certificates with expiration dates after April 30, 1999 shall not be eligible to renew their interim certificate(s) and must take and pass the Department's certification examination to be eligible to apply for certification.
(b) To qualify for interim certification as a lead inspector/assessor, an individual shall comply with all applicable requirements specified in sections 35083, 35095 and 35096, except for the certification examination requirements specified in subsection 35083(b).
(c) To qualify for interim certification as a lead supervisor an individual shall comply with all applicable requirements specified in sections 35085, 35095 and 35096, except for the certification examination requirements specified in subsection 35085(b).
(d) To qualify for interim certification as a lead project monitor an individual shall comply with all applicable requirements specified in sections 35087, 35095 and 35096, except for the certification examination requirements specified in subsection 35087(b).
(e) To qualify for interim certification as a lead project designer an individual shall comply with all applicable requirements specified in sections 35089, 35095 and 35096, except for the certification examination requirements specified in subsection 35089(b).
(f) Individuals failing to apply for renewal within one year after the expiration date of an interim certificate, shall comply with applicable subsections (b) of sections 35083, 35085, 35087, and 35089, and subsections 35095(b), and 35096(f)(1) to be eligible to apply for certification.
Note: Authority cited: Sections 100275, 105250 and 124160, Health and Safety Code. Reference: Sections 100275, 105250 and 124160, Health and Safety Code.
s 35095. Application Requirements.
(a) A complete application for certification or interim certification shall consist of a non-refundable $75.00 application fee per certificate or interim certificate requested and a completed DHS Form 8488 (12/97), Application for Lead Certification, with required documentation:
(1) Type of certification or interim certification requested and amount of fee(s) paid:
(A) Certified lead inspector/assessor;
(B) Certified lead supervisor;
(C) Certified lead project designer;
(D) Certified lead project monitor; or
(E) Certified lead worker.
(2) Applicant's name, residence address, (and mailing address, if different), telephone number, date of birth, gender, race/ethnicity and photo identification number with a description of the photo identification document.
(3) Documentation of applicant's education, training, and experience, including:
(A) Original Course Completion Form, DHS Form 8493 (12/97), for a course issued by an accredited training provider.
(B) A Proof of Experience DHS Form 8539 (12/97) for each employer providing documentation of completion of lead-related construction or other applicable experience. Each Proof of Experience form shall contain:
1. The applicant's name;
2. The name and address of the applicant's employer;
3. The name and telephone number of the applicant's supervisor, or the names and phone numbers of three client references, if self-employed;
4. The applicant's employment dates;
5. Descriptions of specific lead-related construction or other applicable activities performed;
6. Estimated percentage of time associated with lead-related construction or other applicable activities; and
7. The name, title, and signature of the applicant's supervisor or employer, or the applicant's signature, if self-employed, verifying, under penalty of perjury, that the information contained on the Proof of Experience DHS Form 8539 (12/97) is true and correct.
(C) Evidence of completion of postsecondary education, such as a transcript or diploma.
(D) Certified Industrial Hygienists, who possess a Course Completion Form from a lead-related construction Certified Industrial Hygienist course, may substitute a copy of their American Board of Industrial Hygiene Certificate, or its equivalent, for evidence of both experience and postsecondary education documentation.
(4) Two passport style, 1 inch by 1 inch, photographs.
(5) Applicant's signature and date signed, verifying, under penalty of perjury, that all information contained on and submitted with DHS Form 8488 (12/97), Application for Lead Certification, is true and correct.
(b) A complete application for certification or interim certification renewal shall consist of a completed DHS Form 8553 (12/97), Renewal of Lead Certification, and a non-refundable seventy-five dollar application fee for each certificate or interim certificate renewal requested with the following required documentation:
(1) If not submitted to the Department in the previous year, an original Course Completion Form DHS Form 8493 (12/97) issued by an accredited training provider for:
(A) General continuing education, if the application is for renewal of inspector/assessor, project designer, or project monitor certification or interim certification; or
(B) General continuing education or continuing education for workers, if the application is for renewal of supervisor certification or interim certification; or
(C) Continuing education for workers, if the application is for renewal of worker certification.
(2) Documentation specified in sections 35095(a)(2), and 35095(a)(5); and
(3) Certificate or interim certificate number(s), expiration date(s) and amounts of fee(s) paid.
(c) Certified or interim certified individuals shall notify the Department within 30 calendar days of a change of address.
Note: Authority cited: Sections 100275, 105250 and 124160, Health and Safety Code. Reference: Sections 100275, 105250 and 124160, Health and Safety Code.
s 35096. Certification, Interim Certification, and Renewal Procedures.
(a) Within 30 calendar days of receipt of an application for certification, interim certification or renewal, the Department shall inform the applicant in writing that the application is either complete or incomplete and what additional information or documentation is required to complete the application.
(1) If an applicant submits required information or documentation within 30 days from the issuance date of the notice of incompleteness, the Department shall issue a written notice of completeness.
(2) If an applicant fails to submit required information or documentation within 180 days from the issuance date of the notice of incompleteness, the application shall be deemed to be abandoned and reapplication shall be required.
(3) An application may be withdrawn or amended only by written request to the Department.
(b) Within 60 calendar days from the issuance date of the notice of completeness, the Department shall grant or deny interim certification, renewal, or permission to sit for the Department's lead certification examination in the certification discipline applied for.
(1) If denied, the Department shall state, in writing, the reasons for denial.
(2) If granted, an interim certificate, renewal, or permission notice shall be sent to the applicant and the issuance date of the interim certificate, renewal, or permission notice shall be the effective date of interim certification, renewal, or permission notice.
(c) Within 30 calendar days from the date an individual passes the lead certification examination in the certification discipline applied for, the Department shall grant or deny certification.
(1) Individuals who fail to pass the lead certification examination in the certification discipline applied for within 180 days from the issuance date of the permission notice, shall retake the DHS-approved lead-related construction course in that discipline, and comply with Section 35095, excepting subsections 35095(a)(3)(B), 35095(a)(3)(C), 35095(a)(3)(D), and 35095(a)(4), to be eligible to re-apply for permission to sit for the lead certification examination.
(2) An individual shall take the lead certification examination no more than three times within 180 days from the issuance date of the permission notice.
(d) Processing Time:
(1) Pursuant to the Permit Reform Act, Government Code section 15376, the minimum, median, and maximum elapsed time to process a completed application for a certificate or interim certificate and issue a written notification of approval shall be as follows:
(A) Minimum: 15 calendar days.
(B) Median: 120 calendar days.
(C) Maximum: 270 calendar days.
(2) The Department may exceed the maximum time as provided above if the applicant requests in writing a delay of consideration of the application or issuance of a certificate or interim certificate.
(e) In making a determination of whether to grant, deny, or renew certification or interim certification, or permission to sit for a lead certification examination, the Department may take into consideration various factors, including, but not limited to, the following:
(1) Failure to satisfy eligibility requirements for certification or interim certification;
(2) Type and amount of lead-related construction training;
(3) Failure to provide further required documentation or information requested by the Department;
(4) Past history of citations or violations of existing regulations or standards;
(5) Past history of revocation of a Certificate or Interim Certificate; or
(6) False or misleading statements in the application.
(f) Certification or interim certification shall be non-transferable and shall be effective for a period of one year.
(1) Certified or interim certified individuals shall complete a minimum of seven contact hours of continuing education instruction every two years to be eligible to apply for certification or interim certification renewal.
(2) Certified individuals applying for renewal more than three years after the expiration date of the certificate or interim certificate shall retake the required DHS-approved lead-related construction course and comply with section 35095(a)(3)(A), 35095(b) to be eligible to apply for certification renewal.
Note: Authority cited: Sections 100275, 105250 and 124160, Health and Safety Code. Reference: Sections 100275, 105250 and 124160, Health and Safety Code.
s 35097. Action to Suspend or Revoke Certification or Interim Certification.
(a) Certification or interim certification may be suspended or revoked by the Department for:
(1) Any false statement in the application;
(2) Violations of relevant local, state, or federal statutes or regulations;
(3) Misrepresentation, failure to disclose relevant facts, fraud, or issuance by mistake;
(4) Failure to comply with California Code of Regulations, Title 17, sections 36000 or 36100; or
(5) Failure to comply with any relevant regulation or order of the Department.
(b) Suspensionor revocation and an appeal of any suspension or revocation shall be conducted in compliance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (continued)