18VAC15-50 Lead-Based Paint Renovation, Repair, and Painting Regulations

REGULATIONS

Vol. 29 Iss. 26 - August 26, 2013

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

VIRGINIA BOARD FOR ASBESTOS, LEAD, AND HOME INSPECTORS

Chapter 50

Proposed Regulation

Title of Regulation: 18VAC15-50. Lead-Based Paint Renovation, Repair, and Painting Regulations (adding 18VAC15-50-10 through 18VAC15-50-410).

Statutory Authority: § 54.1-501 of the Code of Virginia.

Public Hearing Information:

September 24, 2013 - 10:30 a.m. - Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 200, Board Room 1, Richmond, VA

Public Comment Deadline: October 25, 2013.

Agency Contact: Trisha Henshaw, Executive Director, Virginia Board for Asbestos, Lead, and Home Inspectors, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone [phone], FAX [phone], or email [e-mail].

Basis: Subdivision 5 of § 54.1-201 of the Code of Virginia states that the board has the power and duty to promulgate regulations in accordance with the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) necessary to assure continued competency, to prevent deceptive or misleading practices by practitioners, and to effectively administer the regulatory system.

Chapter 819 of the 2009 Acts of Assembly amended §§ 54.1-500, 54.1-500.1, 54.1-501, 54.1-503, 54.1-512, 54.1-516, and 54.1-517 of the Code of Virginia to mandate the regulation of lead renovation, repair, and painting activities. Pursuant to Chapter 819, the board's authority to implement the regulation is mandatory.

Section 54.1-501 of the Code of Virginia states that the board shall promulgate, in accordance with the Administrative Process Act, regulations necessary to establish procedures and requirements for the (i) approval of accredited renovation training programs, (ii) licensure of individuals and firms to engage in renovation, and (iii) establishment of standards for performing renovations consistent with the Residential Lead-based Paint Hazard Reduction Act and U.S. Environmental Protection Agency (EPA) regulations. Such regulations of the board shall be consistent with the EPA Lead Renovation, Repair, and Painting Program final rule.

Purpose: The proposed regulation fulfills specific statutory requirements and allows the Department of Professional and Occupational Regulation to establish, monitor, and enforce a regulatory program that addresses lead-based paint hazards created by renovation, repair, and painting activities. Renovation, repair, and painting activities that disturb lead-based paint in target housing and child-occupied facilities increase the threat of lead-based paint exposure by dispersing lead particles in the air and over household items. Both adults and children can receive hazardous lead paint exposures by inhaling or ingesting lead-based paint dust. Studies have shown that lead poisoning can cause permanent damage to the brain and other organs. In children, lead poisoning can cause lower IQ levels and behavioral problems.

The goal of the proposed regulation is to ensure that individuals and businesses conducting lead-based paint renovation, repair, and painting activities are properly trained and licensed so as to enhance the department's ability to protect the health, safety, and welfare of Virginia citizens from the hazard of lead-based paint poisoning.

Substance: The proposed regulation is necessary to establish the Lead-based Paint Renovation, Repair and Painting (RRP) regulatory program pursuant to the Chapter 819 of the 2009 Acts of Assembly. The proposed regulation establishes procedures and requirements for the (i) training of individual workers, (ii) licensure of individuals and businesses, (iii) approval of accredited training providers, (iv) conduct and work practice standards for individuals and businesses, and (v) recordkeeping for individuals and businesses conducting lead-based paint renovation, repair, and painting activities.

Issues: Effective April 22, 2010, EPA began administering the RRP regulatory program in Virginia and other states that had not obtained authorization to administer the program. EPA's regulations at 40 CFR Part 745, Subpart Q allow states to seek authorization to administer the RRP regulatory program.

The primary advantages to the public and the Commonwealth of implementing the new regulation are the establishment of a regulatory program that sets the minimum competence for individuals and businesses conducting lead-based paint renovation, repair, and painting activities and an expected decline in the number of families exposed to lead from paint, dust, and soil. The expected reduction in exposure to lead-based paint hazards will benefit the quality of life for Virginia citizens, particularly young children, and the quality of the Commonwealth's environment.

An increase in the cost of lead-based paint renovation, repair, and painting projects can be reasonably anticipated because of costs associated with training, licensure, and work practice requirements. At first glance, the anticipated increase may appear to be a disadvantage to the public or the Commonwealth. However, the anticipated increased cost will be offset by the expected reduction in the number of families exposed to lead-based paint hazards and the consequent reduction in the number of children affected by lead poisoning. As a result, medical costs and stress on families are likely to be reduced.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The 2009 Acts of Assembly, Chapter 819 amended §§ 54.1-500, 54.1-500.1, 54.1-501, 54.1-503, 54.1-512, 54.1-516, and 54.1-517 of the Code of Virginia to mandate the regulation of lead renovation, repair, and painting activities.

The Board for Asbestos, Lead, and Home Inspectors (Board) proposes these new regulations to comply with the mandate. The proposed new regulations establish: 1) a regulatory program for the licensure of renovators, dust sampling technicians and renovation contractor firms; 2) requirements for the approval of accredited renovator and dust sampling technician training programs; and 3) standards of conduct and work practices that are consistent with the United States Environmental Protection Agency (EPA) Lead Renovation, Repair, and Painting Program Final Rule.

Result of Analysis. The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact. The proposed regulation fulfills specific statutory requirements and allows the Department of Professional and Occupational Regulation (Department) to establish, monitor, and enforce a regulatory program that addresses lead-based paint hazards created by renovation, repair, and painting activities. Renovation, repair, and painting activities that disturb lead-based paint in target housing and child-occupied facilities increase the threat of lead-based paint exposure by dispersing lead particles in the air and over household items. Both adults and children can receive hazardous lead paint exposures by inhaling or ingesting lead-based paint dust.¹ Studies have shown that lead poisoning can cause permanent damage to the brain and other organs.² In children, lead poisoning can cause lower IQ levels and behavioral problems.³ The goal of the proposed regulation is to ensure that individuals and businesses conducting lead-based paint renovation, repair and painting activities are properly trained and licensed so as to enhance the Department's ability to protect the health, safety, and welfare of Virginia citizens from the hazard of lead-based paint poisoning. As the referenced peer-reviewed studies indicate, exposure to lead-based paint can cause severe health problems. To the extent that the proposed regulations reduce the likelihood that residents of buildings with lead-based paint and renovation, repair and painting workers are exposed to and inhale or ingest lead-based paint, the proposed regulations will likely produce a significant benefit for the public.

Application and annual renewal fees for the new program are expected to be $45 for individuals and $60 for businesses. The cost of training courses is expected to be similar to that for other programs regulated by the Board, at an initial cost of $400 per day of training, and $50 for renewal. Training courses already approved by the EPA will not need to be audited by the Board, and so the initial licensing fee will be $25. Costs and fees may vary based on the actual number of regulants entering the program. From the public perspective, these costs will likely be offset by lower medical and educational costs for those children and adults who are not exposed to lead poisoning due to the likely positive impact of the proposed regulations.

Businesses and Entities Affected. The new regulations will apply to businesses and individuals practicing renovation or modification of any existing structure that results in the disturbance of painted surfaces and will apply to providers of training for such practice. Based on the best information available, the Department estimates that approximately 10,000 businesses and 10,000 individuals will be licensed under these regulations. Most would be small businesses.

Localities Particularly Affected. The proposed regulations do not disproportionately affect particular localities.

Projected Impact on Employment. The proposal amendments are unlikely to significantly affect total employment. The moderate increase in costs for renovation contractor firms may lead to some reduction in affiliated jobs. On the other hand, increased demand for training from firms that provide accredited renovation training should at least partially offset such potential moderate job loss.

Effects on the Use and Value of Private Property. The proposed regulations will increase costs for businesses practicing renovation or modification of any existing structure that results in the disturbance of painted surfaces. This may result in a moderate reduction in the value of such firms. On the other hand, firms that provide accredited renovation training will likely have more demand for their services, higher revenue, and increased firm value.

Small Businesses: Costs and Other Effects. The proposed regulations will moderately increase costs for small businesses practicing renovation or modification of any existing structure that results in the disturbance of painted surfaces.

Small Businesses: Alternative Method that Minimizes Adverse Impact. There is no apparent alternative method that reduces the adverse impact to small businesses and still accomplishes the policy goal of reduced lead poisoning.

Real Estate Development Costs. The proposed regulations may moderately increase the cost of renovating or modifying existing structures.

Legal Mandate. The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Administrative Process Act and Executive Order Number 14 (10). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB's best estimate of these economic impacts.

References:

Goldstein, G.W. Lead Poisoning and Brain Cell Function. Environmental Health Perspectives.

Vol. 89, pp. 91-94, 1990.

Needleman, H.L. Lead Poisoning. Annual Review of Medicine, Vol. 55, pp. 209-222, 2004.

Needleman, H.L. and Gatsonis, C.A. Low-Level Lead Exposure and the IQ of Children.

Journal of the American Medical Association. 1990;263(5):673-678.

Rodier, P.M. Developing Brain as a Target of Toxicity. Environmental Health Perspectives.

Vol. 103, pp. 73-76, 1995.

___________________________

¹Needleman (2004)

²Goldstein (1990), Needleman (2004) and Rodier (1995)

³Goldstein (1990), Needleman (2004), and Needleman and Gatsonis (1990)

Agency's Response to Economic Impact Analysis: The Board for Asbestos, Lead, and Home Inspectors concurs with the Department of Planning and Budget's analysis.

Summary:

The proposed regulation establishes (i) a regulatory program for the licensure of renovators, dust sampling technicians, and renovation contractor firms; (ii) requirements for the approval of accredited renovator and dust sampling technician training programs; and (iii) standards of conduct and work practices that are consistent with the federal Environmental Protection Agency's Lead Renovation, Repair, and Painting Program final rule.

CHAPTER 50
LEAD-BASED PAINT RENOVATION, REPAIR, AND PAINTING REGULATIONS

Part I
Definitions and General

18VAC15-50-10. Definitions.

A. Section 54.1-500 of the Code of Virginia provides definitions of the following terms and phrases used in this chapter:

Accredited renovation training program

Board

Dust clearance sampling

Dust sampling technician

Lead-based paint

Lead-based paint activity

Lead-contaminated dust

Lead inspection

Lead inspector

Lead risk assessment

Lead risk assessor

Person

Principal instructor

Renovation

Renovation contractor

Renovator

Training manager

B. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Applicant" means a person who has submitted a fully executed application, but has not been granted a license or approval as an accredited renovation training program, approval as an accredited renovation training provider, or approval as a training manager or principal instructor by the board.

"Application" means a board-prescribed form submitted with the appropriate fee and other required documentation including, but not limited to, references, employment verification, and verification of examination and licensure, certification, or registration.

"Child-occupied facility" means a building or portion of a building constructed prior to 1978, visited regularly by the same child, under six years of age, on at least two different days within any week (Sunday through Saturday period), provided that each day's visit lasts at least three hours and the combined weekly visits last at least six hours, and the combined annual visits last at least 60 hours. Child-occupied facilities may include, but are not limited to, day care centers, preschools, and kindergarten classrooms. Child-occupied facilities may be located in target housing or in public or commercial buildings. With respect to common areas in public or commercial buildings that contain child-occupied facilities, the child-occupied facility encompasses only those common areas that are routinely used by children under age six, such as restrooms and cafeterias. Common areas that children under age six only pass through, such as hallways, stairways, and garages, are not included. In addition, with respect to exteriors of public or commercial buildings that contain child-occupied facilities, the child-occupied facility encompasses only the exterior sides of the building that are immediately adjacent to the child-occupied facility or the common areas routinely used by children under age six.

"Cleaning verification card" means a card developed and distributed or otherwise approved by EPA for the purpose of determining, through comparison of wet and dry disposable cleaning cloths with the card, whether post-renovation cleaning has been properly completed.

"Common area" means the portion of a building that is generally accessible to all occupants. This includes, but is not limited to, hallways, stairways, laundry rooms, recreational rooms, playgrounds, community centers, garages, and boundary fences.

"Component or building component" means specific design or structural elements or fixtures of a building or residential dwelling that are distinguished from each other by form, function, and location. These include, but are not limited to, (i) interior components such as ceilings, crown molding, walls, chair rails, doors, door trim, floors, fireplaces, radiators and other heating units, shelves, shelf supports, stair treads, stair risers, stair stringers, newel posts, railing caps, balustrades, windows and trim (including sashes, window heads, jambs, sills or stools and troughs), built-in cabinets, columns, beams, bathroom vanities, counter tops, and air conditioners; and (ii) exterior components such as painted roofing, chimneys, flashing, gutters and downspouts, ceilings, soffits, fascias, rake boards, cornerboards, bulkheads, doors and door trim, fences, floors, joists, lattice work, railings and railing caps, siding, handrails, stair risers and treads, stair stringers, columns, balustrades, windowsills or stools and troughs, casings, sashes and wells, and air conditioners.

"Containment" means a process to protect workers, building occupants, and the environment by controlling exposures to the lead-contaminated dust and debris created during a renovation activity.

"Course agenda" means an outline of the key topics to be covered during a training course, including the time allotted to teach each topic.

"Course test" means an evaluation of the overall effectiveness of the training that tests the trainee's knowledge and retention of the topics covered during the course.

"Department" means the Department of Professional and Occupational Regulation or any successor agency.

"Discipline" means one of the specific job categories established in this chapter for which individuals must receive training from accredited renovation training providers, as defined in this chapter, and become licensed by the board. For an example, "renovator" is a discipline.

"Dry disposable cleaning cloth" means a commercially available dry, electrostatically charged, white disposable cloth designed to be used for cleaning hard surfaces such as uncarpeted floors or countertops.

"Emergency renovation" means renovation, remodeling, or repainting activities that were not planned, but resulted from a sudden, unexpected event that if not immediately attended to presents a safety or public health hazard or threatens equipment or property with significant damage.

"EPA" means the U.S. Environmental Protection Agency.

"Firm" means any business entity recognized under the laws of the Commonwealth of Virginia.

"High-efficiency particulate air vacuum" or "HEPA vacuum" means a vacuum cleaner that has been designed with a HEPA filter as the last filtration stage. A HEPA filter is a filter that is capable of capturing particles of 0.3 microns with 99.97% efficiency. The vacuum cleaner shall be designed so that all the air drawn into the machine is expelled through the HEPA filter with none of the air leaking past it.

"HUD" means the U.S. Department of Housing and Urban Development.

"Interim controls" means a set of measures designed to temporarily reduce human exposure or likely exposure to lead-based paint hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards, and the establishment and operation of management and resident education programs.

"Inspection" means a surface-by-surface investigation to determine the presence of lead-based paint and the provision of a report explaining the results of the investigation.

"Late renewal" means a period of time during which a regulant may renew a license or accredited renovation training program approval after its expiration date by paying an established fee without having to meet additional requirements.

"Licensee" means any person, as defined by § 54.1-500 of the Code of Virginia, who has been issued and holds a currently valid license as a dust sampling technician, renovator, or renovation contractor.

"Minor repair and maintenance activities" means activities, including minor heating, ventilation, or air conditioning work, electrical work, and plumbing, that disrupt six square feet or less of painted surface per room for interior activities or 20 square feet or less of painted surface for exterior activities where none of the work practices prohibited or restricted by this chapter are used and where the work does not involve window replacement or demolition of painted surface areas. When removing painted components or portions of painted components, the entire surface area removed is the amount of painted surface disturbed. Jobs, other than emergency renovations, performed in the same room within the same 30 days shall be considered the same job for the purpose of determining whether the job is a minor repair and maintenance activity.

"OSHA" means the U.S. Department of Labor, Occupational Safety and Health Administration.

"Recognized test kit" means a commercially available kit recognized by EPA as being capable of allowing a user to determine the presence of lead at levels equal to or in excess of 1.0 milligrams per square centimeter or more than 0.5% lead by weight in a paint chip, paint powder, or painted surface.

"Regulant" means a licensee, training program, or training provider.

"Renewal" means the process and requirements for periodically approving a regulant to continue practicing.

"Substantially equivalent" means requirements that do not conflict with and are at least as rigorous as this chapter and supporting statutes of the board.

"Target housing" means any housing constructed prior to 1978, except for housing for the elderly or persons with disabilities (unless any one or more children age six years or under resides or is expected to reside in such housing for the elderly or persons with disabilities) or any zero-bedroom dwelling.

"Training hour" means at least 50 minutes of actual instruction, including but not limited to time devoted to lecture, learning activities, small group activities, demonstrations, evaluations, and hands-on experience.

"Wet disposable cleaning cloth" means a commercially available, premoistened white disposable cloth designed to be used for cleaning hard surfaces such as uncarpeted floors or countertops.

"Wet mopping system" means a device with the following characteristics: a long handle, a mop head designed to be used with disposable absorbent cleaning pads, a reservoir for cleaning solution, and a built-in mechanism for distributing or spraying the cleaning solution onto a floor, or a method of equivalent efficacy.

"Work area" means the area that the licensed renovator establishes to contain the dust and debris generated by a renovation.

18VAC15-50-20. Licensure and training program approval requirements.

A. A license issued by the board is required of any person who engages in renovation or dust sampling activities as defined in § 54.1-500 of the Code of Virginia.

B. Any person who holds a valid EPA renovation firm, renovator, or dust sampling technician certification on or before (insert the effective date of this chapter), may continue to lawfully practice in Virginia until (insert date that is 12 months after effective date of this chapter). Effective (insert date that is 12 months plus one day after effective date of this chapter), to continue to lawfully practice in Virginia, a valid Virginia renovation contractor, renovator, or dust sampling technician license, as appropriate, shall be required.

C. Training courses intended to satisfy the training requirements of this chapter shall be approved by the board.

D. Any person who holds a valid EPA renovator or dust sampling technician training program accreditation on or before (insert the effective date of this chapter), may continue to provide accredited training in Virginia until (insert date which is 12 months after effective date of this chapter). Effective (insert date that is 12 months plus one day after effective date of this chapter), to continue to provide accredited training in Virginia, a valid Virginia training program accreditation shall be required.

E. Application shall be made in compliance with 18VAC15-50-60, 18VAC15-50-70, or 18VAC15-50-80, as appropriate.

18VAC15-50-30. Exemptions from licensure requirement.

This chapter shall not apply to the following:

1. A person performing a minor repair and maintenance activity as defined in 18VAC15-50-10.

2. A person performing a renovation activity and the paint involved in the renovation activity has been tested by a licensed lead inspector or licensed lead risk assessor who has determined that the paint does not meet the definition of lead-based paint as defined in § 54.1-500 of the Code of Virginia. The renovation contractor shall obtain and maintain a copy of the written inspection or risk assessment report.

3. A person performing a renovation activity and the paint involved in the renovation activity has been tested by a licensed renovator who, using an EPA-recognized test kit as defined in 18VAC15-50-10 and following the kit's manufacturer's instructions, has determined that the paint does not meet the definition of lead-based paint as defined in § 54.1-500 of the Code of Virginia.

18VAC15-50-40. Issuance of temporary licenses not applicable.

The board shall not issue temporary licenses pursuant to § 54.1-201.1 of the Code of Virginia.

Part II
Entry

18VAC15-50-50. Application procedures.

A. Each applicant seeking licensure or accredited renovation training program approval shall submit an application with the appropriate fee specified in 18VAC15-50-100. Application shall be made on forms provided by the board.

B. By signing the application or submitting it electronically to the department, the applicant certifies that he has read and understands the board's statutes and regulations.

C. The receipt of an application and the deposit of fees by the board do not indicate approval by the board.

D. The board may make further inquiries and investigations with respect to the applicant's qualifications to confirm or amplify information supplied.

E. Each applicant will be notified if his application is incomplete. An applicant who fails to complete the process within 12 months of the date of the department's receipt of the original application shall submit a new application and the appropriate fee.

18VAC15-50-60. Qualifications for licensure - individuals.

A. General. Each applicant shall meet entry requirements in effect at the time that the application is received by the department.

B. Name. The applicant shall disclose his full legal name.

C. Age. The applicant shall be at least 18 years old.

D. Address. The applicant shall disclose a physical address. A post office box is only acceptable when a physical address is also provided.

E. Specific entry requirements.

1. Renovator.

a. An individual applying for a renovator license shall have successfully completed a board-approved or EPA-approved renovator initial training course. If the initial training course was completed more than 60 months prior to the application, the applicant shall have successfully completed an accredited refresher course at least once every 60 months after the date of completion of initial training; or

b. An individual who has successfully completed a board-approved or EPA-approved lead worker or supervisor course within the 36 months immediately preceding application or an individual who has successfully completed HUD, EPA, or the joint EPA/HUD model renovation training course may take a board-approved or EPA-approved renovator refresher training course in lieu of the renovator initial training course.

2. Dust sampling technician.

a. An individual applying for an initial dust sampling technician license shall have successfully completed a board-approved or EPA-approved dust sampling technician initial training course. If the initial training course was completed more than 60 months prior to the application, the applicant shall have successfully completed an accredited dust sampling technician refresher course at least once every 60 months after the date of completion of initial training; or

b. An individual who successfully completed a board-approved or EPA-approved lead-based paint inspector or risk assessor course within the 36 months immediately preceding application, but is not licensed in the discipline by the board, may take a board-approved or EPA-approved dust sampling technician refresher training course in lieu of the dust sampling technician initial training course.

F. Training verification. The applicant shall include with the application:

1. Renovator.

a. A copy of the certificate of completion from the board-approved or EPA-approved renovator initial training course, and if the initial training was completed more than 60 months prior to the application, a copy of the certificate of completion from the most recent renovator refresher training course; or

b. A copy of the certificate of completion from the board-approved or EPA-approved renovator refresher training course and a copy of the certificate of completion from either an accredited lead worker or lead supervisor training course or HUD, EPA, or the joint EPA/HUD model renovation training course completed within the 36 months immediately preceding application.

2. Dust sampling technician.

a. A copy of the certificate of completion from the board-approved or EPA-approved dust sampling technician initial course, and if the initial training was completed more than 60 months prior to the application, a copy of the certificate of completion from the most recent dust sampling technician refresher training course; or

b. A copy of the certificate of completion from the board-approved or EPA-approved dust sampling technician refresher training course and a copy of the certificate of completion from a board-approved or EPA-approved lead-based paint inspector or risk assessor training course completed within the 36 months immediately preceding application.

G. Convictions. Each applicant shall disclose all convictions, in any jurisdiction, of any misdemeanor or felony. Any plea of nolo contendere shall be considered a conviction for the purpose of this subsection. The record of a conviction certified or authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted shall be admissible as prima facie evidence of such guilt. The board will consider any conviction in accordance with § 54.1-204 of the Code of Virginia.

H. Disciplinary action. Applicants shall disclose any disciplinary action taken in any jurisdiction in connection with the applicant's environmental remediation practice, including but not limited to monetary penalties, fines, suspension, revocation, or surrender of a license in connection with a disciplinary action.

I. Standards of practice and conduct. Applicants shall be in compliance with the standards of practice and conduct established in this chapter, as applicable, at the time of application to the board, while the application is under review by the board, and at all times when the license is in effect.

J. Standing. The applicant shall be in good standing in every jurisdiction where licensed and the applicant shall not have had a license that was suspended, revoked, or surrendered in connection with any disciplinary action in any jurisdiction prior to applying for licensure in Virginia. The board, at its discretion, may deny licensure or accreditation to any applicant based on disciplinary action by any jurisdiction.

K. Applicants who disclose items specified in subsections H through J of this section may be granted a license following consideration by the board, in accordance with provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

18VAC15-50-70. Qualifications for licensure - renovation contractor firms.

A. General. Each firm shall secure a license before transacting business in Virginia. Each applicant shall meet entry requirements in effect at the time that the application is received by the department.

B. Name. The firm's name shall be disclosed on the application. The name under which the firm conducts business and holds itself out to the public (i.e., the trade or fictitious name) shall also be disclosed on the application. Each firm shall register its trade or fictitious name with the State Corporation Commission or the clerk of court in the jurisdiction where the business is to be conducted in accordance with Chapter 5 (§ 59.1-69 et seq.) of Title 59.1 of the Code of Virginia before submitting its application to the board.

C. Address. The applicant shall disclose a physical address. A post office box is only acceptable as a mailing address when a physical address is also provided.

D. Form of organization. Applicants shall meet the additional requirements prescribed in this subsection for their business type:

1. Corporations. All applicants shall have been incorporated in the Commonwealth of Virginia, or if a foreign corporation, shall have obtained a certificate of authority to conduct business in Virginia from the State Corporation Commission in accordance with § 13.1-544.2 of the Code of Virginia. The corporation shall be in good standing with the State Corporation Commission at the time of application to the board and at all times when the license is in effect.

2. Limited liability companies. All applicants shall have obtained a certificate of organization in the Commonwealth of Virginia, or if a foreign limited liability company, shall have obtained a certificate of registration to do business in Virginia from the State Corporation Commission, in accordance with § 13.1-1105 of the Code of Virginia. The company shall be in good standing with the State Corporation Commission at the time of application to the board and at all times when the license is in effect.

3. Partnerships. All applicants shall have a written partnership agreement. The partnership agreement shall state that all professional services of the partnership shall be under the direction and control of a licensed or certified professional.

4. Sole proprietorships. Sole proprietorships desiring to use an assumed or fictitious name, that is a name other than the individual's full name, shall have their assumed or fictitious name recorded by the clerk of the court of the jurisdiction wherein the business is to be conducted, in accordance with Chapter 5 (§ 59.1-69 et seq.) of Title 59.1 of the Code of Virginia.

E. Qualifications. Each applicant for renovation contractor licensure shall certify that:

1. All individuals performing renovation activities on behalf of the firm are licensed renovators or have been trained by a licensed renovator as required under this chapter.

2. A licensed renovator shall be physically present at each work site while warning signs are being posted, work area containment is being established, and work area cleaning is being performed. When not on site during renovation activities, the licensed renovator shall be readily available by telephone and able to be present at the work site in no more than two hours.

3. The work practice standards for renovation activities established in this chapter and standards established by EPA and OSHA shall be followed at all times during the performance of renovation activities.

4. Prerenovation education requirements established in this chapter and standards established by EPA shall be followed at all times.

5. The recordkeeping requirements established in this chapter and standards established by EPA shall be followed at all times.

6. The firm is in compliance with all other occupational and professional licenses and standards as required by Virginia statute and local ordinance to transact the business of a renovation contractor.

F. Conviction or guilt. Neither the firm nor its owners, officers, or directors shall have been convicted or found guilty, regardless of adjudication, in any jurisdiction of any felony or misdemeanor involving lying, cheating, or stealing or of any violation while engaged in an environmental remediation activity that resulted in the significant harm or the imminent and substantial threat of significant harm to human health or the environment, there being no appeal pending therefrom or the time for appeal having elapsed. Any plea of nolo contendere shall be considered a conviction for the purposes of this section. A certified copy of the final order, decree, or case decision by a court or regulatory agency with lawful authority to issue such order, decree, or case decision shall be admissible as prima facie evidence of such conviction or discipline. The board will consider any conviction in accordance with § 54.1-204 of the Code of Virginia.

G. Standards of practice and conduct. Each applicant shall be in compliance with the standards of practice and conduct established by this chapter, EPA, and OSHA at the time of application to the board, while the application is under review by the board, and at all times when the license is in effect.

H. Standing. Both the firm and the owners, officers, and directors shall be in good standing in every jurisdiction where licensed, and the applicant shall not have had a license or certification that was suspended, revoked, or surrendered in connection with any disciplinary action in any jurisdiction prior to applying for licensure in Virginia. The board may deny licensure or certification to any applicant based on disciplinary action by any jurisdiction.

I. Denial of license. The board may refuse to issue a license to any renovation contractor applicant if the applicant or its owners, officers, or directors have a financial interest in a renovation contractor whose lead license has been revoked, suspended, or denied renewal in any jurisdiction.

18VAC15-50-80. Qualifications for accredited renovation training program approval.

A. For a training program to obtain accreditation from the board to teach lead-based paint renovation, repair, and painting activities courses, the program shall demonstrate through its application material that it meets the minimum requirements for principal instructor qualifications, required topic review, length of training, and recordkeeping for each discipline for which the program is seeking accreditation. Training programs shall offer courses that teach the standards for performing lead-based paint renovation, repair, and painting activities contained in this chapter and other such standards adopted by EPA.

B. Each applicant for approval as an accredited renovation training provider shall meet the requirements established by this chapter before being granted approval to offer an accredited renovation training program. Applicants requesting approval of a dust sampling technician or renovator training program to prepare participants for initial and continued licensure shall apply on a form provided by the board. The application form shall be completed in accordance with the instructions supplied and shall include the following:

1. The training provider's business name, physical address, mailing address, and telephone number.

2. The course and type, initial or refresher, for which accreditation is sought. For purposes of this chapter, courses taught in different languages are considered different courses, and each shall independently meet the accreditation requirements of this chapter. A signed statement from a qualified, independent translator that certifies he compared the course to the English language version and found the translation to be accurate shall accompany the application form.

3. A statement signed by the training program manager that certifies the training program meets the minimum requirements established in this chapter.

4. A narrative that states how the training course meets the minimum requirements for accreditation in the following areas:

a. Length of training in hours;

b. Examination content, length, format, and passing score;

c. Topics covered in the training course; and

d. Examination administration and integrity.

5. The names and qualifications, including resumes, education, training, experience, and relevant certifications of each instructor.

6. A copy of all training course materials, including but not limited to student manuals, instructor manuals, training aids, and handouts.

7. A copy of the course agenda that includes the time allotted for each course topic.

8. A copy of the course test and corresponding answer sheet.

9. A description of the facilities and equipment to be used for lecture and hands-on training.

10. A description of the activities and procedures that will be used for conducting the assessment of hands-on skills for the course.

11. An example of a certificate that will be issued to students who successfully complete the course. The certificate shall contain the information listed in 18VAC15-50-270.

12. A proposed course date for auditing purposes.

13. The application fee required by 18VAC15-50-100.

C. The completed application form with attachments and fee shall be received by the board no later than 45 days before the desired audit date.

D. All training courses shall be discipline specific. An applicant may apply for accreditation to offer initial and refresher courses in any of the license disciplines defined in this chapter. A separate application and fee shall be made for each course.

E. Each training program shall be conducted in compliance with this chapter to qualify for and maintain approval as an accredited dust sampling technician or renovator training program.

F. Online training courses shall be accepted by the board for approval. The initial renovator and dust sampling technician training courses require a minimum of two hours of hands-on training activities. Training providers requesting approval for online initial training courses shall meet the hands-on training requirement.

G. An accredited training provider shall have been approved by the board or EPA before its training certificates shall be accepted by the board as evidence that an individual has completed an accredited dust sampling technician or renovator training program.

H. After the application has been found to be complete and in compliance with this chapter, an onsite audit of the training program shall be conducted.

1. If the onsite audit of the training program reveals a deficiency in compliance with this chapter, then the board shall conduct an additional onsite audit and grant approval or deny approval.

2. EPA-accredited courses approved on or before (insert effective date of this chapter), are exempt from the audit requirement.

Part III

Fees

18VAC15-50-90. General fee requirements.

All fees are nonrefundable and shall not be prorated. The date on which the fee is received by the department or its agent will determine whether the fee is on time. Checks or money orders shall be made payable to the Treasurer of Virginia.

18VAC15-50-100. Application fees.

A. Application fees are as follows:

Fee Type	Fee Amount
License: Dust sampling technician Renovator Renovation contractor firm	$45 $45 $60
Initial training program approval: Accredited dust sampling technician Accredited renovator	$400 $400
Refresher training program approval: Accredited dust sampling technician Accredited renovator	$200 $200
Training programs approved by EPA before (insert effective date of this chapter)	$25

B. Fees are due with the application.

18VAC15-50-110. Renewal fees.

A. Renewal fees are as follows:

Fee Type	Fee Amount
License: Dust sampling technician Renovator Renovation contractor firm	$45 $45 $60
Initial training program approval: Accredited dust sampling technician Accredited renovator	$50 $50
Refresher training program approval: Accredited dust sampling technician Accredited renovator	$50 $50
Late renewal - license Dust sampling technician Renovator Renovation contractor firm	$70* $70* $85*
Late renewal - initial training program approval Accredited dust sampling technician Accredited renovator	$75* $75*
Late renewal - refresher training program approval Accredited dust sampling technician Accredited renovator	$75* $75*
*includes a $25 late penalty fee in addition to the renewal fee

B. Fees are due with the renewal application.

Part IV
Renewal

18VAC15-50-120. Renewal required.

A. Individual dust sampling technician and renovator licenses shall expire 12 months from the last day of the month in which the license was issued.

B. Renovation contractor licenses shall expire 12 months from the last day of the month in which the license was issued.

C. Accredited renovation training program approvals shall expire 24 months from the last day of the month in which the board granted approval.

D. A fee shall be required for renewal as specified in 18VAC15-50-110.

18VAC15-50-130. Procedures for renewal.

A. The department shall mail a renewal notice to the licensee or accredited renovation training provider at the last known address. The notice shall outline the procedures for renewal and the renewal fee amount. Failure to receive the notice shall not relieve the licensee or accredited training provider of the obligation to renew in a timely fashion.

B. Prior to the expiration date shown on the license, the renovator or dust sampling technician desiring to renew the license shall return to the board the renewal notice, renewal fee, and as appropriate, a copy of the most recent refresher training certificate.

C. Prior to the expiration date shown on the license, the renovation contractor desiring to renew the license shall return to the board the renewal notice and the renewal fee.

D. Prior to the expiration date shown on the approval letter, the accredited renovation training program desiring to renew the approval shall return to the board the renewal notice and the renewal fee. Documentation that the requirements in 18VAC15-50-140 have been met shall accompany the renewal notice and fee.

E. Should the licensee or accredited renovation training program fail to receive the renewal notice, a copy of the current license or accredited renovation training program approval letter may be substituted for the renewal notice.

F. By renewing the license, the licensee is certifying his continued compliance with the general standards of practice and conduct in Part V (18VAC15-50-150 et seq.) of this chapter.

G. Each license or accredited training program approval that is not renewed within 30 days after the expiration date on the license or accredited renovation training program approval letter shall be subject to the late renewal fee as established in 18VAC15-50-110.

H. Each license or accredited training program approval that is not renewed within six months after the expiration date on the license or accredited renovation training program approval letter shall not be renewed. The licensee or approved accredited renovation training program shall apply as a new applicant and meet all entry requirements as established by this chapter.

18VAC15-50-140. Qualifications for renewal.

A. Individuals.

1. Licensees desiring to maintain an individual dust sampling technician or renovator license shall satisfactorily complete the refresher training program established by this chapter no later than the last day of the month that is 60 months after the date of completion of the initial training program or the most recent refresher training program.

2. Satisfactory completion of initial or refresher training shall be documented by a copy of a certificate of completion from a board-approved or EPA-approved training program.

3. Refresher training shall be specific to the discipline of the license being renewed.

4. The board shall renew an individual dust sampling technician or renovator license for an additional 12 months upon receipt of:

a. A renewal application in accordance with 18VAC15-50-130;

b. A fee in accordance with 18VAC15-50-110; and

c. As appropriate, a copy of a training certificate documenting compliance with subdivision 1 of this subsection.

5. Submission of the renewal application and renewal fee to the board shall constitute a certification that the licensee is in full compliance with the board's regulations.

B. Renovation contractor. The board shall renew a renovation contractor license for an additional 12 months upon receipt of a renewal application and the renewal fee, pursuant to 18VAC15-50-130 and 18VAC15-50-110. Submission of the renewal application and renewal fee to the board shall constitute a certification that the licensee is in full compliance with the board's regulations.

C. Accredited renovation training programs.

1. Accredited renovation training providers desiring to maintain approval of the accredited renovation training program shall submit the following no later than 24 months after the date of initial approval and not less than once every 24 months thereafter:

a. The training provider's business name, physical address, mailing address, and telephone number.

b. A statement signed by the training program manager that certifies:

(1) The course materials for each course meet the requirements of Part VII (18VAC15-50-300 et seq.) of this chapter;

(2) The training manager and principle instructors meet the qualifications listed in 18VAC15-50-210;

(3) The training manager complies at all times with all requirements of this chapter;

(4) The quality control plan meets the requirements noted in 18VAC15-50-280; and

(5) The recordkeeping requirements established by this chapter will be followed.

2. Submission of the renewal application and renewal fee to the board shall constitute a certification that the accredited renovation training provider is in full compliance with the board's regulations.

3. An audit by a board representative may be performed to verify the certified statements and the contents of the application before reaccreditation is granted.

4. Accredited renovation training programs determined by the board to have met the renewal requirements shall be issued an approval for an additional 24 months.

Part V
General Standards of Practice and Conduct

18VAC15-50-150. Grounds for denial of application, denial of renewal, or disciplinary action.

A. The board shall have the authority to (i) fine any licensee or accredited renovation training provider, training manager, or principal instructor; (ii) deny renewal; and (iii) suspend, revoke, or deny application for any license or approval as an accredited renovation training program, accredited renovation training provider, training manager, or principal instructor provided for under Chapter 5 (§ 54.1-500 et seq.) of Title 54.1 of the Code of Virginia for:

1. Violating or inducing another person to violate any of the provisions of Chapter 1 (§ 54.1-100 et seq.), 2 (§ 54.1-200 et seq.), 3 (§ 54.1-300 et seq.), or 5 of Title 54.1 of the Code of Virginia, or any of the provisions of this chapter.

2. Obtaining a license, approval as an accredited renovation training program, approval as an accredited renovation training provider, or approval as a training manager or principal instructor through fraudulent means.

3. Altering, falsifying, or issuing a fraudulent Virginia individual dust sampling technician or renovator license or training certificate.

4. Violating any provision of any federal, state, or local law or regulation pertaining to renovation activities.

5. Having been found guilty by the board, another regulatory authority, or a court of any misrepresentation in the course of performing his renovator, dust sampling technician, renovation contractor, or training provider duties related to his license or approval.

6. Subject to the provisions of § 54.1-204 of the Code of Virginia, having been convicted or found guilty, regardless of adjudication in any jurisdiction of the United States, of any felony or of any misdemeanor involving lying, cheating, or stealing or of any violation while engaged in an environmental remediation activity that resulted in the significant harm or the imminent and substantial threat of significant harm to human health or the environment, there being no appeal pending therefrom or the time for appeal having elapsed. Any plea of nolo contendere shall be considered a conviction for the purposes of this chapter. A certified copy of the final order, decree, or case decision by a court or regulatory agency with lawful authority to issue such order, decree, or case decision shall be admissible as prima facie evidence of such conviction or discipline.

7. Failing to notify the board in writing within 30 days of pleading guilty or nolo contendere or being convicted or found guilty of any felony or of any misdemeanor involving lying, cheating, or stealing or of any violation while engaged in an environmental remediation activity that resulted in the significant harm or the imminent threat of significant harm to human health or the environment.

8. Negligence or a continued pattern of incompetence in the practice of the discipline in which the license is held.

9. Failing or neglecting to send any information or documentation that was requested by the board or its representative.

10. Failing to notify the board in writing within 30 days after any change in address or name.

11. Acting as or being an ostensible licensee for undisclosed persons who do or will control or direct, directly or indirectly, the operations of the licensee's business.

12. Refusing to allow state or federal representatives access to any area of a renovation, repair, and painting site for the purpose of lawful compliance inspections.

13. Any unlawful act or violation of any provision of Chapter 5 (§ 54.1-500 et seq.) of Title 54.1 of the Code of Virginia or of the regulations of the board by any renovator may be cause for disciplinary action against the renovation contractor for whom the renovator works, either as an employee or subcontractor, if it appears to the satisfaction of the board that the renovation contractor knew or should have known of the unlawful act or violation.

B. Any person whose license, approval as an accredited renovation training program, approval as an accredited renovation training provider, or approval as a training manager or principal instructor is revoked or withdrawn under this section shall not be eligible to reapply for a period of one year from the effective date of the final order of revocation or withdrawal of approval. The person shall meet all education, experience, training, and documentation requirements, complete the application, and submit the required fee for consideration as a new applicant.

C. The board shall conduct disciplinary procedures in accordance with §§ 2.2-4019 and 2.2-4021 of the Code of Virginia.

18VAC15-50-160. Maintenance of license.

A. Each regulant shall report all changes of address to the board in writing within 30 calendar days of the change and shall return the license or accredited renovation training course approval to the board. A physical address is required for each license. A post office box is acceptable only when a physical address is also provided. If the regulant holds more than one license, the regulant shall inform the board of all licenses affected by the address change.

B. Each regulant shall operate under the name in which the license is issued. Regulants shall report any change of individual or business name to the board in writing within 30 calendar days of the name change and shall return the license or accredited renovation training course approval to the board. If the regulant holds more than one license, the regulant shall inform the board of all licenses affected by the name change.

C. No license or accredited renovation training course approval issued by the board shall be assigned or otherwise transferred. Any attempt to assign or otherwise transfer a license shall make the license void.

D. Each regulant shall notify the board of changes in the firm within 30 days of the change. Such changes include, but are not limited to, the:

1. Cessation of the business or the voluntary termination of a sole proprietorship or general partnership;

2. Death of a sole proprietor or the death or withdrawal of a general partner in a general partnership or the managing partner in a limited partnership; or

3. Formation or dissolution of a corporation, limited liability company, association, or any other business entity recognized under the laws of the Commonwealth of Virginia.

E. Each regulant shall keep his board-approved training and license current.

18VAC15-50-170. Recordkeeping and reporting requirements for renovation contractors.

All licensed renovation contractors shall comply with the information distribution, records retention, and reporting requirements related to renovation activities, in accordance with 40 CFR Part 745.

18VAC15-50-180. Notice of adverse action.

A. Regulants shall notify the board of the following actions:

1. Any disciplinary action taken by another jurisdiction, board, or administrative body of competent jurisdiction, including but not limited to any reprimand, revocation, suspension, or denial, monetary penalty, or requirement for remedial education or other corrective action taken on any accredited renovation training course approval, license, certification, registration, or authorization of the regulant.

2. Any voluntary surrendering of a license, certificate, registration, authorization, or accredited renovation training course approval done in connection with an open disciplinary action in another jurisdiction.

3. Any conviction or finding of guilt, regardless of adjudication or deferred adjudication, of any felony or misdemeanor. Any plea of nolo contendere shall be considered a conviction for the purpose of this section.

B. All notices shall be made to the board in writing within 30 days of the action. A copy of the order or other supporting documentation shall accompany the notice. The record of conviction, finding, or case decision shall be considered prima facie evidence of a conviction or finding of guilt.

18VAC15-50-190. Response to inquiry and provision of records.

A. A regulant shall promptly respond to the board or any of its agents regarding a complaint.

B. The regulant shall promptly produce to the board or any of its agents any document, book, or record, or copy thereof, in which the regulant was involved, or that is in the regulant's possession or control concerning a transaction covered by this chapter, or for which the regulant is required to maintain records.

C. A regulant shall not provide a false, misleading, or incomplete response to the board or any of its agents seeking information in the investigation of a complaint filed with the board.

Part VI
Standards of Practice and Conduct for Accredited Renovation Training Programs

18VAC15-50-200. Changes to an accredited renovation training program or provider.

A. Substantial changes made in any of the course items, after the course has been approved, shall be submitted to the board for review and approval prior to the continuation of the training course. The items include, but are not limited to:

1. Course curriculum.

2. Course examination.

3. Course materials.

4. Training manager and principal instructor or instructors.

5. Certificate of completion.

B. When an accredited renovation training provider offering an accredited renovation training program has a change of ownership, the new owner shall make written notification to the board within 30 days of the change of ownership. The new owner shall apply anew.

C. The accredited renovation training provider shall notify the board 30 days prior to relocating its business or transferring the records.

18VAC15-50-210. Qualifications of the training manager and principal instructor.

A. The training program shall employ a training manager who:

1. Has at least two years of experience, education, or training in teaching workers or adults; has 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 has two years of experience in managing a training program specializing in environmental hazards.

2. Has 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 program shall employ a qualified principal instructor, designated by the training manager, for each course who:

1. Has demonstrated experience, education, or training in teaching workers and adults.

2. Has successfully completed at least 16 hours of any EPA-accredited or board-approved lead-specific training for instructors of lead-based paint activities courses or eight hours of any EPA-accredited or board-approved lead-specific training for instructors of renovator or dust sampling technician courses.

3. Has demonstrated experience, education, or training in lead or asbestos abatement, painting, carpentry, renovation, remodeling, occupational safety and health, or industrial hygiene.

C. Documentation of all principal instructor qualifications shall be reviewed and approved by the board prior to the principal instructor teaching in an accredited renovation program.

18VAC15-50-220. Responsibilities of the training manager.

A. The training manager shall be responsible for ensuring that the training program complies at all times with the requirements of this section. The training manager is also responsible for:

1. 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.

2. Maintaining the validity and integrity of the course test to ensure that it accurately evaluates the trainees' knowledge and retention of the course topics.

B. The training manager shall designate a principal instructor for each course offered. The principal instructor shall be responsible for the organization of the course and oversight of the teaching of all course material.

C. The training manager may designate guest instructors, as needed, to provide instruction specific to the lecture, hands-on activities, or work practice components of a course.

D. Any training manager who intends to also serve as a principle instructor shall meet the requirements of subsection B of 18VAC15-50-210 and, prior to instructing, provide documentation to the board.

18VAC15-50-230. Training manager and principal instructor documentation.

The following documents shall be recognized by the board as proof that the training managers and principal instructors meet the relevant education, work experience, and training requirements specifically listed in 18VAC15-50-210:

1. Official academic transcripts or diploma, as proof of meeting the education requirements.

2. Resumes, letters of reference, or documentation of work experience, as proof of meeting the experience requirements.

3. Certificates from train-the-trainer courses and lead-specific training courses, as proof of meeting the training requirements.

18 VAC 15-50-240. Training facilities.

The training program shall provide adequate facilities for the delivery of the lecture, course test, hands-on training, and assessment activities. The training program shall provide training equipment that reflects current work practices and maintaining or updating the equipment or facilities, as needed.

18VAC15-50-250. Length of training courses.

A. Training courses shall meet the following training hour requirements:

1. The dust sampling technician initial training course shall last a minimum of eight training hours, with a minimum of two hours devoted to hands-on training activities. Hands-on training activities shall cover dust sampling methodologies.

2. The renovator initial training course shall last a minimum of eight training hours, with a minimum of two hours devoted to hands-on training activities. Hands-on training activities shall cover renovation methods that minimize the creation of dust and lead-based paint hazards, interior and exterior containment and cleanup methods, and post-renovation cleaning verification.

3. Refresher training courses shall last a minimum of four hours.

B. In no case shall actual training exceed eight hours during a 24-hour period.

18VAC15-50-260. Course examination.

A. Upon completion of each initial training course, the accredited renovation training program shall conduct a monitored, written course test and a hands-on skills assessment or, as an alternative, a proficiency test. To pass the course, each individual shall (i) successfully complete the hands-on skills assessment and receive a passing score on the course test or (ii) successfully complete a proficiency test. Refresher training programs are not required to conduct a hands-on skills assessment.

B. The course test, an evaluation of the overall effectiveness of the training, shall test the trainees' knowledge and retention of the course topics covered.

C. The passing score on the course test shall be 70%.

D. The hands-on skills assessment, an evaluation of the effectiveness of the hands-on training, shall test the ability of the trainees to demonstrate satisfactory performance of work practices and procedures established in Part VIII (18VAC15-50-330 et seq.) of this chapter, as well as any other skills demonstrated in the course.

E. The use of a proficiency test in lieu of a hands-on assessment and course test may be considered by the training provider. An accredited renovation training program that offers a proficiency test shall assure that the test consists primarily of an evaluation of the effectiveness and reliability of a student's ability to conduct a particular renovation activity. The proficiency test shall also cover all topics and skills addressed in the discipline specific course. For a training program to make use of a proficiency-based course, the proficiency-based course must be approved by the board in the same manner as approval for any other course, including fees.

18VAC15-50-270. Course completion certificates.

The accredited renovation training program shall issue unique course completion certificates to each individual who passes the training course. The course completion certificate shall include:

1. A unique certificate number.

2. The name, a unique identification number, and address of the individual.

3. The name of the particular course that the individual completed.

4. The dates of course completion and test passage.

5. The expiration date. Training certificates shall expire 60 months from the date of course completion.

6. The name, address, and telephone number of the training program.

7. The name and signature of the training manager and principal instructor.

8. The language in which the course was taught.

9. A photograph of the individual.

18VAC15-50-280. Quality control plan.

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 and shall contain at least the following elements:

1. Procedures for periodic revision of training materials and the course test to reflect innovations in the field.

2. Procedures for the training manager's annual review of the principal instructor's competency.

18VAC15-50-290. Training program recordkeeping and provision of records to the board.

A. Each accredited renovation training program shall comply with the training program recordkeeping requirements in accordance with 40 CFR Part 745 with the exception that the accredited training program shall retain records at the address specified on the training program application or as updated with the board for a minimum of five years and six months.

B. The training manager shall notify the board at least 48 hours prior to the start date of any dust sampling technician or renovator course.

C. The training manager shall provide an updated notification when dust sampling technician or renovator courses will begin on a date other than the start date specified in the original notification as follows:

1. For dust sampling technician or renovator courses beginning before the start date provided to the board, an updated notification must be received by the board at least 48 hours before the new start date.

2. For dust sampling technician or renovator courses beginning after the start date provided to the board, an updated notification must be received by the board at least 48 hours before the new start date provided to the board.

D. The training manager shall update the board of any change in location of the dust sampling technician or renovator courses at least 48 hours prior to the start date provided to the board.

E. Barring situations or circumstances beyond the control of the training provider, the training manager shall update the board regarding the cancellation of any dust sampling technician or renovator courses at least two business days prior to the start date provided to the board. For the purposes of this section, a business day shall mean Monday through Friday with the exception of holidays, in accordance with § 2.2-3300 of the Code of Virginia.

F. Each notification, including updates, shall include the following:

1. Notification type (original, revision, cancellation).

2. Training program name, Virginia accreditation number, address, and telephone number.

3. Course discipline, type (initial or refresher), and the language in which instruction will be given.

4. Dates and times of training.

5. Training locations and corresponding addresses and telephone numbers.

6. Principal instructor's name.

7. Training manager's name.

G. The training program participant list shall be completed by the training provider and training program participants daily.

H. The training program participant list shall be retained by the training provider for a minimum of five years and six months following the date of completion of the dust sampling technician or renovator courses.

I. The training manager shall provide the board the accredited renovation training program participant list no later than two business days following completion of the dust sampling technician or renovator courses.

J. The renovation training program participant list shall include the following:

1. Training program name, Virginia accreditation number, address, and telephone number.

2. Course discipline and type (initial or refresher).

3. Dates of training.

4. Each participant's name, address, social security number or Virginia DMV control number, course completion certificate number, and course test score.

5. Participant list type (original or revision).

6. Training manager's name.

K. Notification and training program participant lists shall be submitted electronically in the form prescribed by the department.

L. The training provider shall retain all examinations completed by training program participants for a minimum of five years and six months.

M. The board shall not recognize training certificates from approved training providers that fail to notify or fail to provide a training program participant list.

Part VII
Training Course Curricula Requirements

18VAC15-50-300. Renovator initial training course requirements.

A. The renovator course shall last a minimum of eight training hours, with a minimum of two hours devoted to hands-on training. Hands-on training shall cover renovation methods that minimize the creation of dust and lead-based paint hazards, interior and exterior containment and cleanup methods, and post-renovation cleaning verification.

B. The training course shall include, at a minimum, the following course topics:

1. Role and responsibility of a renovator.

2. Background information on lead and its adverse health effects.

3. Background information on EPA, HUD, OSHA, and other federal, state, and local regulations and guidance that pertains to lead-based paint and renovation activities.

4. Procedures for using acceptable test kits to determine whether paint is lead-based paint.

5. Renovation methods to minimize the creation of dust and lead-based paint hazards.

6. Interior and exterior containment and cleanup methods.

7. Methods to ensure that the renovation has been properly completed, including cleaning verification and clearance testing.

8. Waste handling and disposal.

9. Providing on-the-job training to other workers.

10. Record preparation.

18VAC15-50-310. Dust sampling technician initial training course requirements.

A. The dust sampling technician course shall last a minimum of eight training hours, with a minimum of two hours devoted to hands-on training. Hands-on training shall cover dust sampling methodologies.

B. The training course shall include, at a minimum, the following course topics:

1. Role and responsibility of a dust sampling technician.

2. Background information on lead and its adverse health effects.

3. Background information on federal, state, and local regulations and guidance that pertains to renovation activities.

4. Dust sampling methodologies.

5. Clearance standards and testing.

6. Report preparation.

18VAC15-50-320. Refresher training criteria.

A. Renovator refresher training courses shall last a minimum of four hours and review the curriculum topics of the full-length course specified in 18VAC15-50-300.

B. Dust sampling technician refresher training courses shall last a minimum of four hours and review the curriculum topics of the full-length course specified in 18VAC15-50-310.

C. Renovator and dust sampling technician refresher courses shall also address:

1. An overview of current safety practices relating to lead-based paint in general, as well as specific information pertaining to the appropriate discipline.

2. Current laws and regulations relating to lead-based paint in general, as well as specific information pertaining to the appropriate discipline.

3. Current technologies relating to lead-based paint in general, as well as specific information pertaining to the appropriate discipline.

Part VIII
Standards for Conducting Renovation Activities

18VAC15-50-330. General requirements.

A. All renovation activities performed for compensation in target housing and child-occupied facilities shall be conducted in accordance with 40 CFR Part 745.

B. Persons licensed to conduct post-renovation clearance procedures shall be independent of and have no financial interest in or association by employment, contract, or other agreement with the licensed firm that performs or precleans the renovation activity being cleared.

18VAC15-50-340. Prerenovation education requirements.

All licensed renovation contractors shall comply with the information distribution requirement related to lead-based paint renovation activities in accordance with 40 CFR Part 745.

18VAC15-50-350. Renovation activities.

A. Only the following persons may conduct renovation activities for compensation in target housing and child-occupied facilities:

1. An individual licensed by the board as a renovator. The licensed renovator shall be the sole proprietor of a licensed renovation contractor firm or work for a licensed renovation contractor through employment, contract, or other agreement.

2. An individual trained by and under the supervision of a licensed renovator. The licensed renovator shall be the sole proprietor of a licensed renovation contractor firm or work for a licensed renovation contractor through employment, contract, or other agreement.

18VAC15-50-360. Renovation contractor.

All lead-based paint renovation activities performed for compensation in target housing and child-occupied facilities shall be conducted in accordance with 40 CFR Part 745.

18VAC15-50-370. Renovator.

A. All lead-based paint renovation activities performed for compensation in target housing and child-occupied facilities shall be conducted in accordance with 40 CFR Part 745.

B. The licensed renovator shall have with him at the work site a copy of his current initial course completion certificate or his current refresher course completion certificate and a copy of his valid Virginia renovator license.

18VAC15-50-380. Dust sampling technician.

A. A licensed dust sampling technician, a licensed lead inspector, or a licensed lead risk assessor may conduct dust sampling for renovation activities.

B. When performing dust clearance sampling, a licensed dust sampling technician, a licensed lead inspector, or a licensed lead risk assessor shall collect dust samples in accordance with 40 CFR Part 745, send the collected samples to a laboratory recognized by EPA under § 405(b) of the Toxic Substance Control Act (15 USC § 2685(b)), and compare the results to the clearance levels in accordance with 40 CFR Part 745.

C. The licensed dust sampling technician shall complete a written clearance report that includes laboratory results. A copy of the clearance report shall be provided to the person with whom the dust sampling technician entered into a contract.

D. The licensed dust sampling technician shall have with him at the work site a copy of his current initial course completion certificate or his current refresher course completion certificate and a copy of his valid Virginia dust sampling technician license.

18VAC15-50-390. Activities conducted after successful cleaning verification or clearance testing.

Activities that do not disturb paint, such as repainting walls that have been properly prepared, are not regulated under this chapter if they are conducted after post-renovation cleaning verification has been performed or clearance testing results show dust lead levels below the clearance standards specified in 40 CFR Part 745.

18VAC15-50-400. Emergency renovations.

A. Emergency renovations are exempt from the warning sign, containment, waste handling, training, and licensure requirements of this chapter to the extent necessary to respond to the emergency.

B. Emergency renovations are not exempt from cleaning and clearance requirements or recordkeeping requirements specified in 40 CFR Part 745.

18VAC15-50-410. Recognized testing methodologies.

A. When requested by the party contracting for renovation services, the licensed renovator may use only an EPA-recognized paint testing methodology to determine whether components and surfaces to be affected by the renovation activities contain lead-based paint. The certified renovator shall test each distinct component and surface to be affected, follow the manufacturer's instructions for use of the paint test kit, and document the records in accordance with 18VAC15-50-170.

B. Recognized test kits shall meet or exceed both the negative response criteria and positive response criteria as specified in 40 CFR Part 745.

VA.R. Doc. No. R10-2047; Filed July 29, 2013, 11:37 a.m.