135.105A - LEAD INSPECTOR, LEAD ABATER, AND LEAD-SAFE RENOVATOR TRAINING AND CERTIFICATION PROGRAM ESTABLISHED -- CIVIL PENALTY.
135.105A LEAD INSPECTOR, LEAD ABATER, AND LEAD-SAFE
RENOVATOR TRAINING AND CERTIFICATION PROGRAM ESTABLISHED -- CIVIL
PENALTY.
1. The department shall establish a program for the training and
certification of lead inspectors, lead abaters, and lead-safe
renovators. The department shall maintain a listing, available to
the public and to city and county health departments, of lead
inspector, lead abater, and lead-safe renovator training programs
that have been approved by the department, and of lead inspectors,
lead abaters, and lead-safe renovators who have successfully
completed the training program and have been certified by the
department. A person may be certified as a lead inspector, a lead
abater, or a lead-safe renovator, or may be certified to provide two
or more of such services. However, a person who holds more than one
such certification shall not provide inspection service and also
provide abatement service or renovation service at the same site
unless a written consent or waiver, following full disclosure by the
person, is obtained from the owner or manager of the site.
2. A person who owns real property which includes a residential
dwelling and who performs lead inspection, lead abatement, or
renovation of the residential dwelling is not required to obtain
certification to perform these measures, unless the residential
dwelling is occupied by a person other than the owner or a member of
the owner's immediate family while the measures are being performed.
However, the department shall encourage property owners who are not
required to be certified to complete the applicable training course
to ensure the use of appropriate and safe lead inspection, lead
abatement, or lead-safe renovation procedures.
3. Except as otherwise provided in this section, a person shall
not perform lead abatement or lead inspections, and shall not perform
renovations on target housing or a child-occupied facility, unless
the person has completed a training program approved by the
department and has obtained certification pursuant to this section.
All lead abatement and lead inspections; and lead inspector, lead
abater, and lead-safe renovation training programs; and renovations
on target housing or a child-occupied facility, shall be performed
and conducted in accordance with work practice standards established
by the department. A person shall not conduct a training program for
lead inspectors, lead abaters, or lead-safe renovators unless the
program has been submitted to and approved by the department.
4. A person who violates this section is subject to a civil
penalty not to exceed five thousand dollars for each offense.
5. The department shall adopt rules regarding minimum
requirements for lead inspector, lead abater, and lead-safe renovator
training programs, certification, work practice standards, and
suspension and revocation requirements, and shall implement the
training and certification programs. The department shall seek
federal funding and shall establish fees in amounts sufficient to
defray the cost of the programs. Fees received shall be considered
repayment receipts as defined in section 8.2. Section History: Recent Form
96 Acts, ch 1161, §1, 4; 97 Acts, ch 159, §5; 98 Acts, ch 1100,
§14; 2004 Acts, ch 1167, §2; 2009 Acts, ch 37, §1
Referred to in § 135.105C Footnotes
For definitions, see §135.105C(2)