§ 23-24.6-20 - Licensure or certification of environmental lead inspectors and lead contractors, supervisors, and workers.
SECTION 23-24.6-20
§ 23-24.6-20 Licensure or certification ofenvironmental lead inspectors and lead contractors, supervisors, and workers.– (a) The department shall provide for the certification of training programs forenvironmental lead inspectors and for lead contractors, supervisors, workers,and other persons engaged in environmental lead hazard reduction pursuant tothe provisions of this chapter. The department shall establish standards andspecifications for training courses including, at a minimum, the requiredlength of different training programs, mandatory topics of instruction, andrequired qualifications for training programs and instructors. Hands oninstruction shall be a component of the required training.
(b) The department shall establish procedures and issueregulations requiring the certification of environmental lead inspectors andthe licensure or certification, as appropriate, of all lead contractors,supervisors, workers, and other persons engaged in environmental lead hazardreduction pursuant to the provisions of this chapter. These regulations:
(1) Shall prescribe the requirements for licensure andcertification and the conditions and restrictions governing the renewal,revocation, and suspension of licenses and certificates; requirements forlicensure and for renewal of licensure shall include, but not be limited to,the following:
(i) Compliance with the lead hazard reduction regulations in§ 23-24.6-17; and
(ii) Required training of environmental lead inspectors andof lead contractors, supervisors, workers, and other persons engaged inenvironmental lead hazard reduction in subjects including but not limited tosafe work practices, instruction in health risks, precautionary measures,protective equipment, and other practices including practices to preventcontamination of the residential premises, ambient discharges and groundcontamination, respiratory protection, new lead hazard reduction techniques andtechnologies, applicable federal and state regulation, and hands on instructionfor equipment and techniques to be used; a minimum of twenty (20) hours oftraining shall be required as a condition of licensure for workers; additionalhours of training shall be required for supervisors and contractors; annualrefresher training shall also be required;
(2) May provide for Rhode Island to reciprocally certifyand/or license persons certified and/or licensed by other states withcomparable requirements.
(c) No person shall enter into, engage in, or conductcomprehensive environmental lead inspections or environmental lead hazardreduction activities covered by department regulations once those regulationshave been promulgated as specified in § 23-24.6-12 without havingsuccessfully completed a certified training program and without having beencertified or licensed, as appropriate, by the department. Each trained andcertified or licensed person shall be issued a photo identity card.
(d) The department shall, in conjunction with the housingresources commission, develop and periodically update lists of all licensed andcertified inspectors, contractors, supervisors, workers' and other persons whoperform environmental lead hazard reduction in Rhode Island and make thoselists available to interested parties and the public.
(e) The department shall enforce the provisions of thissection as appropriate and shall have all necessary powers for enforcement.
(2) The department may revoke, suspend, cancel, or deny anycertification or any license, at any time, in accordance with chapter 35 oftitle 42 if it believes that the terms or conditions of these are beingviolated or that the holder of, or applicant for, the certification or licensehas violated any regulation of the department or any other state law orregulation. Any person aggrieved by a determination by the department to issue,deny, revoke or suspend any certification or license may request anadjudicatory hearing.
(3) When any person violates the terms or conditions of anycertification or license issued under this section or any state law orregulation, the director shall have the power by written notice to order theviolator to cease and desist immediately. The department may file a writtencomplaint with the district court in the jurisdiction in which the violationoccurred. Punishment by fine not to exceed one thousand dollars ($1,000) underthis section may be in addition to the suspension of any license orcertification.
(4) Any state inspector may issue an immediate cease workorder to any person who violates the terms or conditions of any license orcertification issued under this section or any provision of this chapter or anyregulation or order issued under this chapter if the violation will endanger ormaterially impair the health or well being of any occupant, any environmentallead inspector, or any contractor, supervisor, worker, or other person engagedin environmental lead hazard reduction.
(f) Nothing in this section shall be construed to limit theauthority of the department of health, the department of labor and training, orthe department of environmental management under the provisions of any otherlaw.