Section 333.5468 - Certification to engage in lead-based paint activities; fees; application; requirements for certification in specific discipline.
PUBLIC HEALTH CODE (EXCERPT)
Act 368 of 1978
333.5468 Certification to engage in lead-based paint activities; fees; application; requirements for certification in specific discipline.
Sec. 5468.
(1) An individual seeking certification by the department to engage in lead-based paint activities shall pay the appropriate fees required under section 5471 and submit an application to the department demonstrating either of the following:
(a) Compliance with the requirements of this part and the rules promulgated under this part for the particular discipline for which certification is sought.
(b) A copy of a valid lead-based paint activities certification or its equivalent, as determined by the department, from a training program that has been authorized by the EPA pursuant to 40 C.F.R. part 745 along with proof of the applicant's third party examination results.
(2) Following the submission of an application demonstrating that the requirements of this part and the rules promulgated under this part have been met, the department shall certify an applicant in 1 or more of the following disciplines:
(a) Inspector.
(b) Risk assessor.
(c) Supervisor.
(d) Project designer.
(e) Abatement worker.
(f) Clearance technician.
(3) Upon receiving the department certification in 1 or more of the disciplines described in subsection (2), an individual conducting lead-based paint activities shall comply with the work practice standards for performing that discipline as established under this part and the rules promulgated under this part.
(4) An individual shall not conduct a lead-based paint activity unless that individual is certified by the department under this section in the appropriate discipline.
(5) An individual shall do all of the following in order to become certified by the department as an inspector, risk assessor, abatement worker, or supervisor:
(a) Successfully complete a course in the appropriate discipline and receive a course completion certificate from an accredited training program.
(b) Pass the third party exam in the appropriate discipline.
(c) Meet the experience or education requirements, or both, as described in rules promulgated by the department.
(6) After an individual passes the appropriate certification exam and submits an application demonstrating that he or she meets the appropriate training, education, and experience requirements and passes the appropriate certification exam, the department shall issue a certificate to the individual in the specific discipline for which certification is sought. To maintain certification, an individual must be recertified pursuant to this part.
(7) An individual shall pass the third party exam within 6 months after receiving a course completion certificate in order to be eligible for certification. An individual is not eligible to take the third party exam more than 3 times within the 6 months after receiving a course completion certificate. An individual who does not pass the third party exam after 3 attempts shall repeat the appropriate course from an accredited training program in order to be eligible to retake the exam.
(8) An individual shall do both of the following in order to become certified by the department as a project designer:
(a) Successfully complete a course in the appropriate discipline and receive a course completion certificate from an accredited training program.
(b) Meet the experience or education requirements, or both, as described in rules promulgated by the department.
(9) After an individual has successfully completed the appropriate training courses, applied to the department, and met the requirements of this part and the rules promulgated under this part, the department shall issue a certificate to the individual in the discipline of project designer. To maintain certification, the individual must be periodically recertified pursuant to this part.
(10) An individual who received training in a lead-based paint activity between October 1, 1990 and March 1, 1999 and an individual who has received lead-based paint activities training at an EPA-authorized accredited training program are eligible for certification by the department under rules promulgated by the department.
(11) In order to maintain certification in a particular discipline, a certified individual shall apply to and be recertified in that discipline by the department every 3 years.
(12) An individual shall do both of the following in order to become a certified clearance technician:
(a) Successfully complete an approved course for the discipline of clearance technician and receive a course completion certificate.
(b) Pass the third party exam for the discipline of clearance technician.
History: Add. 1998, Act 219, Imd. Eff. July 1, 1998 ;-- Am. 2002, Act 644, Imd. Eff. Dec. 23, 2002
Popular Name: Act 368
Admin Rule: R 325.9901 et seq. of the Michigan Administrative Code.