70.103.040 - Certification and accreditation -- Rules.

Certification and accreditation — Rules.

(1) The department shall establish a program for certification of persons involved in lead-based paint activities and for accreditation of training providers in compliance with federal laws and rules.

     (2) Rules adopted under this section shall:

     (a) Establish minimum accreditation requirements for lead-based paint activities for training providers;

     (b) Establish work practice standards for conduct of lead-based paint activities;

     (c) Establish certification requirements for individuals and firms engaged in lead-based paint activities including provisions for recognizing certifications accomplished under existing certification programs;

     (d) Require the use of certified personnel in any lead-based paint hazard reduction activity;

     (e) Be revised as necessary to comply with federal law and rules and to maintain eligibility for federal funding;

     (f) Facilitate reciprocity and communication with other states having a lead-based paint certification program;

     (g) Provide for decertification, deaccreditation, and financial assurance for a person certified or accredited by the department; and

     (h) Be issued in accordance with the administrative procedure act, chapter 34.05 RCW.

     (3) This program shall equal, but not exceed, legislative authority under federal requirements as set forth in Title IV of the toxic substances control act (15 U.S.C. Sec. 2601 et seq.), the residential lead-based paint hazard reduction act of 1992 (42 U.S.C. Sec. 4851 et seq.), 40 C.F.R. Part 745 (1996), Subparts L and Q, and Title X of the housing and community development act of 1992 (P.L. 102-550).

     (4) Any rules adopted by the department shall be consistent with federal laws, regulations, and requirements relating to lead-based paint activities specified by the residential lead-based paint hazard reduction act of 1992 (42 U.S.C. Sec. 4851 et seq.) and Title X of the housing and community development act of 1992 (P.L. 102-550), and rules adopted pursuant to chapter 70.105D RCW, to ensure consistency in regulatory action. The rules may not be more restrictive than corresponding federal and state regulations unless such stringency is specifically authorized by this chapter.

     (5) The department may accept federal funds for the administration of the program.

     (6) For the purposes of certification under the federal requirements as set forth in section 2682 of the toxic substances control act (15 U.S.C. Sec. 2682), the department may require renovators and dust sampling technicians to apply for a certification badge issued by the department. The department may impose a fee on the applicant for processing the application. The application shall include a photograph of the applicant and a fee in the amount imposed by the department.

[2010 c 158 § 4; 2003 c 322 § 4.]