R307. Environmental Quality, Air Quality.

R307-842. Lead-Based Paint Activities.

R307-842-1. Accreditation of Training Programs: Target Housing and 

Child-Occupied Facilities.

 (1) Scope. 

 (a) A training program may seek accreditation to offer courses 

in any of the following disciplines: inspector, risk assessor, 

supervisor, project designer, abatement worker, renovator, and dust 

sampling technician. A training program may also seek accreditation 

to offer refresher courses for each of the above listed disciplines. 

 (b) Training programs may apply to the executive secretary for 

accreditation of their lead-based paint activities courses or 

refresher courses pursuant to this section. Training programs may 

apply to the executive secretary for accreditation of their renovator 

or dust sampling technician courses or refresher courses pursuant 

to this section. 

 (c) A training program must not provide, offer, or claim to 

provide executive secretary-accredited lead-based paint activities 

courses without applying for and receiving accreditation from the 

executive secretary as required under paragraph (2) of this section. 

 A training program must not provide, offer, or claim to provide 

executive secretary-accredited renovator or dust sampling technician 

courses without applying for and receiving accreditation from the 

executive secretary as required under paragraph (2) of this section. 

 (2) Application process. The following are procedures a training 

program must follow to receive executive secretary accreditation to 

offer lead-based paint activities courses, renovator courses, or dust 

sampling technician courses: 

 (a) A training program seeking accreditation shall submit a 

written application to the executive secretary containing the 

following information: 

 (i) The training program's name, address, and telephone number; 

 (ii) A list of courses for which it is applying for accreditation. 

 For the purposes of this section, courses taught in different 

languages and electronic learning courses are considered different 

courses, and each must independently meet the accreditation 

requirements; 

 (iii) The name and documentation of the qualifications of the 

training program manager; 

 (iv) The name(s) and documentation of qualifications of any 

principal instructor(s); and 

 (v) A statement signed by the training program manager certifying 

that the training program meets the requirements established in 

paragraph (3) of this section. If a training program uses 

EPA-recommended model training materials, the training program 

manager shall include a statement certifying that, as well; or 

 (vi) If a training program does not use EPA-recommended model 

training materials, its application for accreditation shall also 

include: 

 (A) A copy of the student and instructor manuals, or other 

materials to be used for each course; 

 (B) A copy of the course agenda for each course; and 

 (C) When applying for accreditation of a course in a language 
other than English, a signed statement from a qualified, independent 

translator that they had compared the course to the English language 

version and found the translation to be accurate; 

 (vii) All training programs shall include in their application 

for accreditation the following: 

 (A) A description of the facilities and equipment to be used 

for lecture and hands-on training; 

 (B) A copy of the course test blueprint for each course; 

 (C) A description of the activities and procedures that will 

be used for conducting the assessment of hands-on skills for each 

course; and 

 (D) A copy of the quality control plan as described in paragraph 

(3)(i) of this section. 

 (b) If a training program meets the requirements in paragraph 

(3) of this section, then the executive secretary shall approve the 

application for accreditation no more than 180 days after receiving 

a complete application from the training program. In the case of 

approval, a certificate of accreditation shall be sent to the 

applicant. In the case of disapproval, a letter describing the reasons 

for disapproval shall be sent to the applicant. Prior to disapproval, 

the executive secretary may, at its discretion, work with the applicant 

to address inadequacies in the application for accreditation. The 

executive secretary may also request additional materials retained 

by the training program under paragraph (8) of this section. If a 

training program's application is disapproved, the program may reapply 

for accreditation at any time. 

 (c) A training program may apply for accreditation to offer 

courses or refresher courses in as many disciplines as it chooses. 

A training program may seek accreditation for additional courses at 

any time as long as the program can demonstrate that it meets the 

requirements of this section. 

 (d) A training program applying for accreditation must submit 

the appropriate fees in accordance with the current Department of 

Environmental Quality Fee Schedule. 

 (3) Requirements for the accreditation of training programs. 

For a training program to obtain accreditation from the executive 

secretary to offer lead-based paint activities courses, renovator 

courses, or dust sampling technician courses, the program must meet 

the following requirements: 

 (a) The training program shall employ a training manager who 

has: 

 (i) At least 2 years of experience, education, or training in 

teaching workers or adults; or 

 (ii) 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 

 (iii) Two years of experience in managing a training program 

specializing in environmental hazards; and 

 (iv) 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 manager shall designate a qualified principal 

instructor for each course who has: 

 (i) Demonstrated experience, education, or training in teaching 

workers or adults; and 

 (ii) Successfully completed at least 16 hours of any executive 

secretary-accredited, EPA-accredited, or EPA-authorized state or 

tribal-accredited lead-specific training for instructors of 

lead-based paint activities courses or 8 hours of any executive 

secretary-accredited, EPA-accredited or EPA-authorized state or 

tribal-accredited lead-specific training for instructors of renovator 

or dust sampling technician courses; and 

 (iii) Demonstrated experience, education, or training in lead 

or asbestos abatement, painting, carpentry, renovation, remodeling, 

occupational safety and health, or industrial hygiene. 

 (c) The principal instructor shall be responsible for the 

organization of the course, course delivery, and oversight of the 

teaching of all course material. The training manager may designate 

guest instructors as needed for a portion of the course to provide 

instruction specific to the lecture, hands-on activities, or work 

practice components of a course. However, the principal instructor 

is primarily responsible for teaching the course materials and must 

be present to provide instruction (or oversight of portions of the 

course taught by guest instructors) for the course for which he or 

she has been designated the principal instructor. 

 (d) The following documents shall be recognized by the executive 

secretary as evidence that training managers and principal instructors 

have the education, work experience, training requirements or 

demonstrated experience, specifically listed in paragraphs (3)(a) 

and (3)(b) of this section. This documentation must be submitted 

with the accreditation application and retained by the training 

program as required by the recordkeeping requirements contained in 

paragraph (8) of this section. Those documents include the following: 

 (i) Official academic transcripts or diploma as evidence of 

meeting the education requirements; 

 (ii) Resumes, letters of reference, or documentation of work 

experience, as evidence of meeting the work experience requirements; 

and 

 (iii) Certificates from train-the-trainer courses and 

lead-specific training courses, as evidence of meeting the training 

requirements. 

 (e) The training program shall ensure the availability of, and 

provide adequate facilities for, the delivery of the lecture, course 

test, hands-on training, and assessment activities. This includes 

providing training equipment that reflects current work practices 

and maintaining or updating the equipment and facilities as needed. 

 (f) To become accredited in the following disciplines, the 

training program shall provide training courses that meet the 

following training requirements: 

 (i) The inspector course shall last a minimum of 24 training 

hours, with a minimum of 8 hours devoted to hands-on training 

activities. The minimum curriculum requirements for the inspector 

course are contained in paragraph (4)(a) of this section; 

 (ii) The risk assessor course shall last a minimum of 16 training 
hours, with a minimum of 4 hours devoted to hands-on training 

activities. The minimum curriculum requirements for the risk assessor 

course are contained in paragraph (4)(b) of this section; 

 (iii) The supervisor course shall last a minimum of 32 training 

hours, with a minimum of 8 hours devoted to hands-on training 

activities. The minimum curriculum requirements for the supervisor 

course are contained in paragraph (4)(c) of this section; 

 (iv) The project designer course shall last a minimum of 8 

training hours. The minimum curriculum requirements for the project 

designer course are contained in paragraph (4)(d) of this section; 

 (v) The abatement worker course shall last a minimum of 16 

training hours, with a minimum of 8 hours devoted to hands-on training 

activities. The minimum curriculum requirements for the abatement 

worker course are contained in paragraph (4)(e) of this section; 

 (vi) The renovator course must last a minimum of 8 training 

hours, with a minimum of 2 hours devoted to hands-on training 

activities. The minimum curriculum requirements for the renovator 

course are contained in paragraph (4)(f) of this section; and 

 (vii) The dust sampling technician course must last a minimum 

of 8 training hours, with a minimum of 2 hours devoted to hands-on 

training activities. The minimum curriculum requirements for the 

dust sampling technician course are contained in paragraph (4)(g) 

of this section. 

 (viii) Electronic learning and other alternative course delivery 

methods are permitted for the classroom portion of renovator, dust 

sampling technician, or lead-based paint activities courses but not 

the hands-on portion of these courses, or for final course tests or 

proficiency tests described in paragraph (3)(g) of this section. 

Electronic learning courses must comply with the following 

requirements: 

 (A) A unique identifier must be assigned to each student for 

them to use to launch and re-launch the course; 

 (B) The training provider must track each student's course 

log-ins, launches, progress, and completion, and maintain these 

records in accordance with paragraph (8) of this section; 

 (C) The course must include periodic knowledge checks equivalent 

to the number and content of the knowledge checks contained in EPA's 

model course, but at least 16 over the entire course. The knowledge 

checks must be successfully completed before the student can go on 

to the next module; 

 (D) There must be a test of at least 20 questions at the end 

of the electronic learning portion of the course, of which 80% must 

be answered correctly by the student for successful completion of 

the electronic learning portion of the course. The test must be 

designed so that students do not receive feedback on their test answers 

until after they have completed and submitted the test; and 

 (E) Each student must be able to save or print a copy of an 

electronic learning course completion certificate. The electronic 

certificate must not be susceptible to easy editing. 

 (g) For each course offered, the training program shall conduct 

either a course test at the completion of the course, and if applicable, 

a hands-on skills assessment, or in the alternative, a proficiency 

test for that discipline. Each student must successfully complete 
the hands-on skills assessment and receive a passing score on the 

course test to pass any course, or successfully complete a proficiency 

test. 

 (i) The training manager is responsible for 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 contained in paragraph (4) of this section; 

 (ii) The training manager is responsible for maintaining the 

validity and integrity of the course test to ensure that it accurately 

evaluates the trainees' knowledge and retention of the course topics; 

and 

 (iii) The course test shall be developed in accordance with 

the test blueprint submitted with the training accreditation 

application. 

 (h) The training program shall issue unique course completion 

certificates to each individual who passes the training course. The 

course completion certificate shall include: 

 (i) The name, a unique identification number, and address of 

the individual; 

 (ii) The name of the particular course that the individual 

completed; 

 (iii) Dates of course completion/test passage; 

 (iv) For initial inspector, risk assessor, project designer, 

supervisor, or abatement worker course completion certificates, the 

expiration date of interim certification, which is 6 months from the 

date of course completion; 

 (v) The name, address, and telephone number of the training 

program; 

 (vi) The language in which the course was taught; and 

 (vii) For renovator and dust sampling technician course 

completion certificates, a photograph of the individual. The 

photograph must be an accurate and recognizable image of the 

individual. As reproduced on the certificate, the photograph must 

not be smaller than 1 square inch. 

 (i) 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. This plan shall contain 

at least the following elements: 

 (i) Procedures for periodic revision of training materials and 

the course test to reflect innovations in the field; and 

 (ii) Procedures for the training manager's annual review of 

principal instructor competency. 

 (j) Courses offered by the training program must teach the work 

practice standards contained in R307-841-5 or R307-842-3, as 

applicable, in such a manner that trainees are provided with the 

knowledge needed to perform the renovations or lead-based paint 

activities they will be responsible for conducting.

 (k) The training manager shall be responsible for ensuring that 

the training program complies at all times with all of the requirements 

in this section. 

 (l) The training manager shall allow the executive secretary 

or the executive secretary's authorized representative to audit the 
training program to verify the contents of the application for 

accreditation as described in paragraph (2) of this section. 

 (m) The training manager must provide notification of renovator, 

dust sampling technician, or lead-based paint activities courses 

offered. 

 (i) The training manager must provide the executive secretary 

with notification of all renovator, dust sampling technician, or 

lead-based paint activities courses offered. The original 

notification must be received by the executive secretary at least 

7 business days prior to the start date of any renovator, dust sampling 

technician, or lead-based paint activities course; 

 (ii) The training manager must provide the executive secretary 

updated notification when renovator, dust sampling technician, or 

lead-based paint activities courses will begin on a date other than 

the start date specified in the original notification, as follows: 

 (A) For renovator, dust sampling technician, or lead-based paint 

activities courses beginning prior to the start date provided to the 

executive secretary, an updated notification must be received by the 

executive secretary at least 7 business days before the new start 

date; and 

 (B) For renovator, dust sampling technician, or lead-based paint 

activities courses beginning after the start date provided to the 

executive secretary, an updated notification must be received by the 

executive secretary at least 2 business days before the start date 

provided to the executive secretary; 

 (iii) The training manager must update the executive secretary 

of any change in location of renovator, dust sampling technician, 

or lead-based paint activities courses at least 7 business days prior 

to the start date provided to the executive secretary; 

 (iv) The training manager must update the executive secretary 

regarding any course cancellations, or any other change to the original 

notification. Updated notifications must be received by the executive 

secretary at least 2 business days prior to the start date provided 

to the executive secretary; 

 (v) Each notification, including updates, must include the 

following: 

 (A) Notification type (original, update, or cancellation); 

 (B) Training program name, address, and telephone number; 

 (C) Course discipline, type (initial/refresher), and the 

language in which instruction will be given; 

 (D) Date(s) and time(s) of training; 

 (E) Training location(s) telephone number, and address; 

 (F) Principal instructor's name; and 

 (G) Training manager's name and signature; 

 (vi) Notification must be accomplished using any of the following 

methods: Written notification, or electronically using the Utah 

Division of Air Quality electronic notification system. Written 

notification of renovator, dust sampling technician, or lead-based 

paint activities course schedules can be accomplished by using either 

the sample form titled "Renovator, Dust Sampling Technician, or 

Lead-Based Paint Activities Training Course Notification Form" or 

a similar form containing the information required in paragraph 

(3)(m)(v) of this section. All written notifications must be delivered 
to the executive secretary by United States Postal Service, fax, 

commercial delivery service, or hand delivery. Instructions and 

sample forms can be obtained from the Utah Division of Air Quality 

Lead-Based Paint Program web site; 

 (vii) Renovator, dust sampling technician, or lead-based paint 

activities courses must not begin on a date, or at a location other 

than that specified in the original notification unless an updated 

notification identifying a new start date or location is submitted, 

in which case the course must begin on the new start date and/or 

location specified in the updated notification; and

 (viii) No training program shall provide renovator, dust 

sampling technician, or lead-based paint activities courses without 

first notifying the executive secretary of such activities in 

accordance with the requirements of this paragraph.

 (n) The training manager must provide notification following 

completion of renovator, dust sampling technician, or lead-based paint 

activities courses. 

 (i) The training manager must provide the executive secretary 

notification after the completion of any renovator, dust sampling 

technician, or lead-based paint activities course. This notice must 

be received by the executive secretary no later than 10 business days 

following the course completion; 

 (ii) The notification must include the following:

 (A) Training program name, address, and telephone number; 

 (B) Course discipline and type (initial/refresher); 

 (C) Date(s) of training; 

 (D) The following information for each student who took the 

course: 

 (I) Name, 

 (II) Address, 

 (III) Date of birth, 

 (IV) Course completion certificate number, 

 (V) Course test score, and 

 (VI) For renovator or dust sampling technician courses, a digital 

photograph of the student; 

 (E) Training manager's name and signature; and 

 (F) Utah Division of Air Quality Lead-Based Paint Program 

training verification statement; and 

 (iii) Notification must be accomplished using any of the 

following methods: Written notification, or electronically using 

the Utah Division of Air Quality electronic notification system. 

Written notification following renovator, dust sampling technician, 

or lead-based paint activities training courses can be accomplished 

by using either the sample form titled "Renovator, Dust Sampling 

Technician, or Lead-Based Paint Activities Training Course 

Notification Form" or a similar form containing the information 

required in paragraph (3)(n)(ii) of this section. All written 

notifications must be delivered to the executive secretary by United 

States Postal Service, fax, commercial delivery service, or hand 

delivery. Instructions and sample forms can be obtained from the 

Utah Division of Air Quality Lead-Based Paint Program web site. 

 (4) Minimum training curriculum requirements. To become 

accredited to offer lead-based paint courses in the specific 
disciplines listed in this paragraph, training programs must ensure 

that their courses of study include, at a minimum, the following course 

topics. 

 (a) Inspector. Instruction in the topics described in paragraphs 

(4)(a)(iv), (v), (vi), and (vii) of this section must be included 

in the hands-on portion of the course. 

 (i) Role and responsibilities of an inspector. 

 (ii) Background information on lead and its adverse health 

effects. 

 (iii) Background information on federal, state, and local 

regulations and guidance that pertains to lead-based paint and 

lead-based paint activities. 

 (iv) Lead-based paint inspection methods, including selection 

of rooms and components for sampling or testing. 

 (v) Paint, dust, and soil sampling methodologies.

 (vi) Clearance standards and testing, including random sampling. 

 (vii) Preparation of the final inspection report.

 (viii) Recordkeeping. 

 (b) Risk assessor. Instruction in the topics described in 

paragraphs (4)(b)(iv), (vi), and (vii) of this section must be included 

in the hands-on portion of the course. 

 (i) Role and responsibilities of a risk assessor.

 (ii) Collection of background information to perform a risk 

assessment. 

 (iii) Sources of environmental lead contamination such as paint, 

surface dust and soil, water, air, packaging, and food. 

 (iv) Visual inspection for the purposes of identifying potential 

sources of lead-based paint hazards. 

 (v) Lead hazard screen protocol. 

 (vi) Sampling for other sources of lead exposure.

 (vii) Interpretation of lead-based paint and other lead sampling 

results, including all applicable federal or state guidance or 

regulations pertaining to lead-based paint hazards.

 (viii) Development of hazard control options, the role of interim 

controls, and operations and maintenance activities to reduce 

lead-based paint hazards. 

 (ix) Preparation of a final risk assessment report. 

 (c) Supervisor. Instruction in the topics described in 

paragraphs (4)(c)(v), (vii), (viii), (ix), and (x) of this section 

must be included in the hands-on portion of the course. 

 (i) Role and responsibilities of a supervisor. 

 (ii) Background information on lead and its adverse health 

effects. 

 (iii) Background information on federal, state, and local 

regulations and guidance that pertain to lead-based paint abatement. 

 (iv) Liability and insurance issues relating to lead-based paint 

abatement. 

 (v) Risk assessment and inspection report interpretation. 

 (vi) Development and implementation of an occupant protection 

plan and abatement report. 

 (vii) Lead-based paint hazard recognition and control. 

 (viii) Lead-based paint abatement and lead-based paint hazard 

reduction methods, including restricted practices. 
 (ix) Interior dust abatement/cleanup or lead-based paint hazard 

control and reduction methods. 

 (x) Soil and exterior dust abatement or lead-based paint hazard 

control and reduction methods. 

 (xi) Clearance standards and testing. 

 (xii) Cleanup and waste disposal. 

 (xiii) Recordkeeping. 

 (d) Project designer. 

 (i) Role and responsibilities of a project designer. 

 (ii) Development and implementation of an occupant protection 

plan for large-scale abatement projects. 

 (iii) Lead-based paint abatement and lead-based paint hazard 

reduction methods, including restricted practices for large-scale 

abatement projects. 

 (iv) Interior dust abatement/cleanup or lead hazard control 

and reduction methods for large-scale abatement projects. 

 (v) Clearance standards and testing for large scale abatement 

projects. 

 (vi) Integration of lead-based paint abatement methods with 

modernization and rehabilitation projects for large scale abatement 

projects. 

 (e) Abatement worker. Instruction in the topics described in 

paragraphs (4)(e)(iv), (v), (vi), and (vii) of this section must be 

included in the hands-on portion of the course. 

 (i) Role and responsibilities of an abatement worker. 

 (ii) Background information on lead and its adverse health 

effects. 

 (iii) Background information on federal, state, and local 

regulations and guidance that pertain to lead-based paint abatement. 

 (iv) Lead-based paint hazard recognition and control. 

 (v) Lead-based paint abatement and lead-based paint hazard 

reduction methods, including restricted practices. 

 (vi) Interior dust abatement methods/cleanup or lead-based paint 

hazard reduction. 

 (vii) Soil and exterior dust abatement methods or lead-based 

paint hazard reduction. 

 (f) Renovator. Instruction in the topics described in paragraphs 

(4)(f)(iv), (vi), (vii), and (viii) of this section must be included 

in the hands-on portion of the course. 

 (i) Role and responsibility of a renovator. 

 (ii) Background information on lead and its adverse health 

effects. 

 (iii) Background information on EPA, HUD, OSHA, and other 

federal, state, and local regulations and guidance that pertains to 

lead-based paint and renovation activities. 

 (iv) Procedures for using acceptable test kits to determine 

whether paint is lead-based paint. 

 (v) Procedures for collecting a paint chip sample and sending 

it to a laboratory recognized by EPA under section 405(b) of TSCA. 

 (vi) Renovation methods to minimize the creation of dust and 

lead-based paint hazards. 

 (vii) Interior and exterior containment and cleanup methods. 

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

 (ix) Waste handling and disposal. 

 (x) Providing on-the-job training to other workers. 

 (xi) Record preparation. 

 (g) Dust sampling technician. Instruction in the topics 

described in paragraphs (4)(g)(iv) and (vi) of this section must be 

included in the hands-on portion of the course. 

 (i) Role and responsibility of a dust sampling technician. 

 (ii) Background information on lead and its adverse health 

effects. 

 (iii) Background information on federal, state, and local 

regulations and guidance that pertains to lead-based paint and 

renovation activities. 

 (iv) Dust sampling methodologies. 

 (v) Clearance standards and testing. 

 (vi) Report preparation. 

 (5) Requirements for the accreditation of refresher training 

programs. A training program may seek accreditation to offer refresher 

training courses in any of the following disciplines: Inspector, risk 

assessor, supervisor, project designer, abatement worker, renovator, 

and dust sampling technician. To obtain executive secretary 

accreditation to offer refresher training, a training program must 

meet the following minimum requirements: 

 (a) Each refresher course shall review the curriculum topics 

of the full-length courses listed under paragraph (4) of this section, 

as appropriate. In addition, to become accredited to offer refresher 

training courses, training programs shall ensure that their courses 

of study include, at a minimum, the following: 

 (i) An overview of current safety practices relating to 

lead-based paint in general, as well as specific information 

pertaining to the appropriate discipline; 

 (ii) Current laws and regulations relating to lead-based paint 

in general, as well as specific information pertaining to the 

appropriate discipline; and 

 (iii) Current technologies relating to lead-based paint in 

general, as well as specific information pertaining to the appropriate 

discipline; 

 (b) Refresher courses for inspector, risk assessor, supervisor, 

and abatement worker must last a minimum of 8 training hours. Refresher 

courses for project designer, renovator, and dust sampling technician 

must last a minimum of 4 training hours. Refresher courses for all 

disciplines except project designer must include a hands-on component; 

 (c) Except for project designer courses, for all other courses 

offered, the training program shall conduct a hands-on assessment, 

and at the completion of the course, a course test;

 (d) A training program may apply for accreditation of a refresher 

course concurrently with its application for accreditation of the 

corresponding training course as described in paragraph (2) of this 

section. If so, the executive secretary shall use the approval 

procedure described in paragraph (2) of this section. In addition, 

the minimum requirements contained in paragraphs (3)(a) through 3)(e) 

and (3)(g) through (3)(n), and (5)(a) through (5)(c) of this section 

shall also apply; and 
 (e) A training program seeking accreditation to offer refresher 

training courses only shall submit a written application to the 

executive secretary containing the following information: 

 (i) The refresher training program's name, address, and 

telephone number; 

 (ii) A list of courses for which it is applying for accreditation; 

 (iii) The name and documentation of the qualifications of the 

training program manager; 

 (iv) The name(s) and documentation of the qualifications of 

the principal instructor(s); 

 (v) A statement signed by the training program manager certifying 

that the refresher training program meets the minimum requirements 

established in paragraph (3) of this section, except for the 

requirements in paragraph (3)(f) of this section. If a training 

program uses EPA-developed model training materials, the training 

manager shall include a statement certifying that, as well; 

 (vi) If the refresher training course materials are not based 

on EPA-developed model training materials, the training program's 

application for accreditation shall include: 

 (A) A copy of the student and instructor manuals to be used 

for each course; and 

 (B) A copy of the course agenda for each course; 

 (vii) All refresher training programs shall include in their 

application for accreditation the following: 

 (A) A description of the facilities and equipment to be used 

for lecture and hands-on training; 

 (B) A copy of the course test blueprint for each course; 

 (C) A description of the activities and procedures that will 

be used for conducting the assessment of hands-on skills for each 

course (if applicable); and 

 (D) A copy of the quality control plan as described in paragraph 

(3)(i) of this section; 

 (viii) The requirements in paragraphs (3)(a) through (3)(e), 

and (3)(g) through (3)(n) of this section apply to refresher training 

providers; and 

 (ix) If a refresher training program meets the requirements 

listed in this paragraph, then the executive secretary shall approve 

the application for accreditation no more than 180 days after receiving 

a complete application from the refresher training program. In the 

case of approval, a certificate of accreditation shall be sent to 

the applicant. In the case of disapproval, a letter describing the 

reasons for disapproval shall be sent to the applicant. Prior to 

disapproval, the executive secretary may, at the executive secretary's 

discretion, work with the applicant to address inadequacies in the 

application for accreditation. The executive secretary may also 

request additional materials retained by the refresher training 

program under paragraph (8) of this section. If a refresher training 

program's application is disapproved, the program may reapply for 

accreditation at any time. 

 (6) Re-accreditation of training programs. 

 (a) Unless re-accredited, a training program's accreditation, 

including refresher training accreditation, shall expire 4 years after 

the date of issuance. If a training program meets the requirements 
of this section, the training program shall be re-accredited. 

 (b) A training program seeking re-accreditation shall submit 

an application to the executive secretary no later than 180 days before 

its accreditation expires. If a training program does not submit its 

application for re-accreditation by that date, the executive secretary 

cannot guarantee that the program will be re-accredited before the 

end of the accreditation period. 

 (c) The training program's application for re-accreditation 

shall contain: 

 (i) The training program's name, address, and telephone number; 

 (ii) A list of courses for which it is applying for 

re-accreditation; 

 (iii) The name and qualifications of the training program 

manager; 

 (iv) The name(s) and qualifications of the principal 

instructor(s); 

 (v) A description of any changes to the training facility, 

equipment or course materials since its last application was approved 

that adversely affects the students' ability to learn; 

 (vi) A statement signed by the program manager stating: 

 (A) That the training program complies at all times with all 

requirements in paragraphs (3) and (5) of this section, as applicable; 

and 

 (B) The recordkeeping and reporting requirements of paragraph 

(8) of this section shall be followed; and 

 (vii) A payment of appropriate fees in accordance with the 

current Department of Environmental Quality Fee Schedule. 

 (d) Upon request, the training program shall allow the executive 

secretary or the executive secretary's authorized representative to 

audit the training program to verify the contents of the application 

for re-accreditation as described in paragraph (6)(c) of this section. 

 (7) Suspension, revocation, and modification of accredited 

training programs. 

 (a) The executive secretary may, after notice and an opportunity, 

for hearing, suspend, revoke, or modify training program 

accreditation, including refresher training accreditation, if a 

training program, training manager, or other person with supervisory 

authority over the training program has: 

 (i) Misrepresented the contents of a training course to the 

executive secretary and/or the student population; 

 (ii) Failed to submit required information or notifications 

in a timely manner; 

 (iii) Failed to maintain required records; 

 (iv) Falsified accreditation records, instructor 

qualifications, or other accreditation-related information or 

documentation; 

 (v) Failed to comply with the training standards and requirements 

in this section; 

 (vi) Failed to comply with federal, state, or local lead-based 

paint statutes or regulations; or 

 (vii) Made false or misleading statements to the executive 

secretary in its application for accreditation or re-accreditation 

which the executive secretary relied upon in approving the 
application. 

 (b) In addition to an administrative or judicial finding of 

violation, execution of a consent agreement in settlement of an 

enforcement action constitutes, for purposes of this section, evidence 

of a failure to comply with relevant statutes or regulations. 

 (8) Training program recordkeeping requirements. 

 (a) Accredited training programs shall maintain, and make 

available to the executive secretary or the executive secretary's 

authorized representative, upon request, the following records: 

 (i) All documents specified in paragraph (3)(d) of this section 

that demonstrate the qualifications listed in paragraphs (3)(a) and 

(3)(b) of this section of the training manager and principal 

instructors; 

 (ii) Current curriculum/course materials and documents 

reflecting any changes made to these materials; 

 (iii) The course test blueprint; 

 (iv) Information regarding how the hands-on assessment is 

conducted including, but not limited to: 

 (A) Who conducts the assessment; 

 (B) How the skills are graded; 

 (C) What facilities are used; and 

 (D) The pass/fail rate; 

 (v) The quality control plan as described in paragraph (3)(i) 

of this section; 

 (vi) Results of the students' hands-on skills assessments and 

course tests, and a record of each student's course completion 

certificate; 

 (vii) Any other material not listed in paragraphs (8)(a)(i) 

through (8)(a)(vi) of this section that was submitted to the executive 

secretary as part of the program's application for accreditation. 

 (viii) For renovator refresher and dust sampling technician 

refresher courses, a copy of each trainee's prior course completion 

certificate showing that each trainee was eligible to take the 

refresher course; and 

 (ix) For course modules delivered in an electronic format, a 

record of each student's log-ins, launches, progress, and completion, 

and a copy of the electronic learning completion certificate for each 

student. 

 (b) The training program must retain records pertaining to 

renovator, dust sampling technician and lead-based paint activities 

courses at the address specified on the training program accreditation 

application (or as modified in accordance with paragraph (8)(c) of 

this section) for the following minimum periods: 

 (i) Records pertaining to lead-based paint activities courses 

must be retained for a minimum of 3 years and 6 months; 

 (ii) Records pertaining to renovator or dust sampling technician 

courses offered must be retained for a minimum of 5 years and 6 months. 

 (c) The training program shall notify the executive secretary 

in writing within 30 days of changing the address specified on its 

training program accreditation application or transferring the 

records from that address. 

 (9) Amendment of accreditation. 

 (a) A training program must amend its accreditation within 90 
days of the date a change occurs to information included in the 

program's most recent application. If the training program fails to 

amend its accreditation within 90 days of the date the change occurs, 

the program may not provide renovator, dust sampling technician, or 

lead-based paint activities training until its accreditation is 

amended. 

 (b) To amend an accreditation, a training program must submit 

a completed Division of Air Quality Lead-Based Paint Application for 

Course Accreditation, signed by an authorized agent of the training 

provider, noting on the form that it is submitted as an amendment 

and indicating the information that has changed. 

 (c) Training managers, principal instructors, permanent 

training locations. If the amendment includes a new training program 

manager, any new or additional principal instructor(s), or any new 

permanent training location(s), the training provider is not permitted 

to provide training under the new training manager or offer courses 

taught by any new principal instructor(s) or at the new training 

location(s) until the executive secretary either approves the 

amendment or 30 days have elapsed, whichever occurs earlier. Except: 

 (i) If the amendment includes a new training program manager 

or new or additional principal instructor that was identified in a 

training provider accreditation application that the executive 

secretary has already approved under this section, the training 

provider may begin to provide training under the new training manager 

or offer courses taught by the new principal instructor on an interim 

basis as soon as the provider submits the amendment to the executive 

secretary. The training provider may continue to provide training 

under the new training manager or offer courses taught by the new 

principal instructor if the executive secretary approves the amendment 

or if the executive secretary does not disapprove the amendment within 

30 days. 

 (ii) If the amendment includes a new permanent training location, 

the training provider may begin to provide training at the new 

permanent training location on an interim basis as soon as the provider 

submits the amendment to the executive secretary. The training 

provider may continue to provide training at the new permanent training 

location if the executive secretary approves the amendment or if the 

executive secretary does not disapprove the amendment within 30 days. 

R307-842-2. Certification of Individuals and Firms Engaged in 

Lead-Based Paint Activities: Target Housing and Child-Occupied 

Facilities.

 (1) Certification of individuals. 

 (a) Individuals seeking certification by the executive secretary 

to engage in lead-based paint activities must either: 

 (i) Submit to the executive secretary an application 

demonstrating that they meet the requirements established in 

paragraphs (2) or (3) of this section for the particular discipline 

for which certification is sought; or 

 (ii) Submit to the executive secretary an application with a 

copy of a valid lead-based paint activities certification (or 

equivalent) from the EPA or a state or tribal program that has been 

authorized by EPA pursuant to subpart Q of 40 CFR 745; or 
 (iii) For supervisor, inspector, and/or risk assessor 

certification, submit to the executive secretary an application with 

a copy of a valid lead-based paint training certificate from an 

EPA-accredited, or EPA-authorized state or tribal-accredited 

lead-specific training in the appropriate discipline and pass the 

certification exam in the appropriate discipline offered by the 

executive secretary. 

 (b) Following the submission of an application demonstrating 

that all the requirements of this section have been met, the executive 

secretary shall certify an applicant as an inspector, risk assessor, 

supervisor, project designer, or abatement worker, as appropriate. 

 (c) Upon receiving executive secretary certification, 

individuals conducting lead-based paint activities shall comply with 

the work practice standards for performing the appropriate lead-based 

paint activities as established in R307-842-3. 

 (d) It shall be a violation of state administrative rules for 

an individual to conduct any of the lead-based paint activities 

described in R307-842-3 if that individual has not been certified 

by the executive secretary pursuant to this section to do so. 

 (e) Individuals applying for certification must submit the 

appropriate fees in accordance with the current Department of 

Environmental Quality Fee Schedule. 

 (2) Inspector, risk assessor or supervisor. 

 (a) To become certified by the executive secretary as an 

inspector, risk assessor, or supervisor, pursuant to paragraph 

(1)(a)(i) of this section, an individual must: 

 (i) Successfully complete an accredited course in the 

appropriate discipline and receive a course completion certificate 

from an accredited training program; 

 (ii) Pass the certification exam in the appropriate discipline 

offered by the executive secretary; and 

 (iii) Meet or exceed the following experience and/or education 

requirements: 

 (A) Inspectors. No additional experience and/or education 

requirements; 

 (B) Risk assessors. 

 (I) Successful completion of an accredited training course for 

inspectors; and 

 (II) Bachelor's degree and 1 year of experience in a related 

field (e.g., lead, asbestos, environmental remediation work, or 

construction), or an Associates degree and 2 years experience in a 

related field (e.g., lead, asbestos, environmental remediation work, 

or construction); or 

 (III) Certification as an industrial hygienist, professional 

engineer, registered architect and/or certification in a related 

engineering/health/environmental field (e.g., safety professional, 

environmental scientist); or 

 (IV) A high school diploma (or equivalent), and at least 3 years 

of experience in a related field (e.g., lead, asbestos, environmental 

remediation work or construction); 

 (C) Supervisor. 

 (I) One year of experience as a certified lead-based paint 

abatement worker; or 
 (II) At least 2 years of experience in a related field (e.g., 

lead, asbestos, or environmental remediation work) or in the building 

trades. 

 (b) The following documents shall be recognized by the executive 

secretary as evidence of meeting the requirements listed in 

(2)(b)(iii) of this paragraph: 

 (i) Official academic transcripts or diploma, as evidence of 

meeting the education requirements; 

 (ii) Resumes, letters of reference, or documentation of work 

experience, as evidence of meeting the work experience requirements; 

and 

 (iii) Course completion certificates from lead-specific or other 

related training courses, issued by accredited training programs, 

as evidence of meeting the training requirements. 

 (c) In order to take the certification examination for a 

particular discipline an individual must: 

 (i) Successfully complete an accredited course in the 

appropriate discipline and receive a course completion certificate 

from an accredited training program; and 

 (ii) Meet or exceed the education and/or experience requirements 

in paragraph (2)(a)(iii) of this section. 

 (d) The course completion certificate shall serve as interim 

certification for an individual until the next available opportunity 

to take the certification exam. Such interim certification shall 

expire 6 months after issuance. 

 (e) After passing the appropriate certification exam and 

submitting an application demonstrating that he/she meets the 

appropriate training, education, and/or experience prerequisites 

described in paragraph (2)(a) of this section, an individual shall 

be issued a certificate by the executive secretary. To maintain 

certification, an individual must be re-certified as described in 

paragraph (4) of this section. 

 (f) An individual may take the certification exam no more than 

three times within 6 months of receiving a course completion 

certificate. 

 (g) If an individual does not pass the certification exam and 

receive a certificate within 6 months of receiving his/her course 

completion certificate, the individual must retake the appropriate 

course from an accredited training program before reapplying for 

certification from the executive secretary. 

 (3) Abatement worker and project designer. 

 (a) To become certified by the executive secretary as an 

abatement worker or project designer, pursuant to paragraph (1)(a)(i) 

of this section, an individual must: 

 (i) Successfully complete an accredited course in the 

appropriate discipline and receive a course completion certificate 

from an accredited training program; and 

 (ii) Meet or exceed the following additional experience and/or 

education requirements: 

 (A) Abatement workers. No additional experience and/or education 

requirements; and 

 (B) Project designers. 

 (I) Successful completion of an accredited training course for 
supervisors; 

 (II) Bachelor's degree in engineering, architecture, or a 

related profession, and 1 year of experience in building construction 

and design or a related field; or 

 (III) Four years of experience in building construction and 

design or a related field. 

 (b) The following documents shall be recognized by the executive 

secretary as evidence of meeting the requirements listed in this 

paragraph: 

 (i) Official academic transcripts or diploma, as evidence of 

meeting the education requirements; 

 (ii) Resumes, letters of reference, or documentation of work 

experience, as evidence of meeting the work experience requirements; 

and 

 (iii) Course completion certificates from lead-specific or other 

related training courses, issued by accredited training programs, 

as evidence of meeting the training requirements. 

 (c) The course completion certificate shall serve as an interim 

certification until certification from the executive secretary is 

received, but shall be valid for no more than 6 months from the date 

of completion. 

 (d) After successfully completing the appropriate training 

courses and meeting any other qualifications described in paragraph 

(3)(a) of this section, an individual shall be issued a certificate 

from the executive secretary. To maintain certification, an 

individual must be re-certified as described in paragraph (4) of this 

section. 

 (4) Re-certification. 

 (a) To maintain certification in a particular discipline, a 

certified individual shall apply to and be re-certified by the 

executive secretary in that discipline by the executive secretary 

either: 

 (i) Every 3 years if the individual completed a training course 

with a course test and hands-on assessment; or 

 (ii) Every 5 years if the individual completed a training course 

with a proficiency test. 

 (b) An individual shall be re-certified if the individual 

successfully completes the appropriate accredited refresher training 

course and submits a valid copy of the appropriate refresher course 

completion certificate. If more than 3 years but less than 4 years 

have passed since certification or re-certification for an individual 

that completed an initial or a refresher training course with a course 

test and hands-on assessment, or if more than 5 years but less than 

6 years have passed since certification or re-certification for an 

individual that completed an initial or a refresher training course 

with a proficiency test for the supervisor, inspector, and/or risk 

assessor disciplines, then the individual must also pass the 

certification exam in the appropriate discipline offered by the 

executive secretary. 

 (c) Individuals applying for re-certification must submit the 

appropriate fees in accordance with the current Department of 

Environmental Quality Fee Schedule. 

 (5) Certification of firms. 
 (a) All firms which perform or offer to perform any of the 

lead-based paint activities or renovations described in R307-842-3 

shall be certified by the executive secretary. 

 (b) A firm seeking certification shall submit to the executive 

secretary a letter attesting that the firm shall only employ 

appropriately certified employees to conduct lead-based paint 

activities, and that the firm and its employees shall follow the work 

practice standards in R307-842-3 for conducting lead-based paint 

activities. 

 (c) From the date of receiving the firm's letter requesting 

certification, the executive secretary shall have 90 days to approve 

or disapprove the firm's request for certification. Within that time, 

the executive secretary shall respond with either a certificate of 

approval or a letter describing the reasons for disapproval. 

 (d) The firm shall maintain all records pursuant to the 

requirements in R307-842-3. 

 (e) Firms may apply to the executive secretary for certification 

to engage in lead-based paint activities pursuant to this section. 

 (f) Firms applying for certification must submit the appropriate 

fees in accordance with the current Department of Environmental 

Quality Fee Schedule. 

 (g) To maintain certification a firm shall submit appropriate 

fees in accordance with the current Department of Environmental 

Quality Fee Schedule. 

 (6) Suspension, revocation, and modification of certifications 

of individuals engaged in lead-based paint activities. 

 (a) The executive secretary may, after notice and opportunity 

for hearing, suspend, revoke, or modify an individual's certification 

if an individual has: 

 (i) Obtained training documentation through fraudulent means; 

 (ii) Gained admission to and completed an accredited training 

program through misrepresentation of admission requirements; 

 (iii) Obtained certification through misrepresentation of 

certification requirements or related documents dealing with 

education, training, professional registration, or experience; 

 (iv) Performed work requiring certification at a job site without 

having proof of certification; 

 (v) Permitted the duplication or use of the individual's own 

certificate by another; 

 (vi) Performed work for which certification is required, but 

for which appropriate certification has not been received; 

 (vii) Failed to comply with the appropriate work practice 

standards for lead-based paint activities at R307-842-3; or 

 (viii) Failed to comply with federal, state, or local lead-based 

paint statutes or regulations. 

 (b) In addition to an administrative or judicial finding of 

violation, for purposes of this section only, execution of a consent 

agreement in settlement of an enforcement action constitutes evidence 

of a failure to comply with relevant statutes or regulations. 

 (7) Suspension, revocation, and modification of certifications 

of firms engaged in lead-based paint activities. 

 (a) The executive secretary may, after notice and opportunity 

for hearing, suspend, revoke, or modify a firm's certification if 
a firm has: 

 (i) Performed work requiring certification at a job site with 

individuals who are not certified; 

 (ii) Failed to comply with the work practice standards 

established in R307-842-3; 

 (iii) Misrepresented facts in its letter of application for 

certification to the executive secretary; 

 (iv) Failed to maintain required records; or 

 (v) Failed to comply with federal, state, or local lead-based 

paint statutes or regulations. 

 (b) In addition to an administrative or judicial finding of 

violation, for purposes of this section only, execution of a consent 

agreement in settlement of an enforcement action constitutes evidence 

of a failure to comply with relevant statutes or regulations. 

R307-842-3. Work Practice Standards for Conducting Lead-Based Paint 

Activities: Target Housing and Child-Occupied Facilities.

 (1) Effective date, applicability, and terms. 

 (a) All lead-based paint activities shall be performed pursuant 

to the work practice standards contained in this section. 

 (b) When performing any lead-based paint activity described 

by the certified individual as an inspection, lead-hazard screen, 

risk assessment, or abatement, a certified individual must perform 

that activity in compliance with the appropriate requirements below. 

 (c) Documented methodologies that are appropriate for this 

section are found in the following: the HUD Guidelines for the 

Evaluation and Control of Lead-Based Paint Hazards in Housing, the 

EPA Guidance on Residential Lead-Based Paint, Lead-Contaminated Dust, 

and Lead-Contaminated Soil, the EPA Residential Sampling for Lead: 

Protocols for Dust and Soil Sampling (EPA report number 

7474-R-95-001), and other equivalent methods and guidelines. 

 (d) Clearance levels are appropriate for the purposes of this 

section may be found in the EPA Guidance on Residential Lead-Based 

Paint, Lead-Contaminated Dust, and Lead Contaminated Soil or other 

equivalent guidelines. 

 (2) Inspection. 

 (a) An inspection shall be conducted only by a person certified 

by the executive secretary as an inspector or risk assessor and, if 

conducted, must be conducted according to the procedures in this 

paragraph. 

 (b) When conducting an inspection, the following locations shall 

be selected according to documented methodologies and tested for the 

presence of lead-based paint: 

 (i) In a residential dwelling and child-occupied facility, each 

component with a distinct painting history and each exterior component 

with a distinct painting history shall be tested for lead-based paint, 

except those components that the inspector or risk assessor determines 

to have been replaced after 1978, or to not contain lead-based paint; 

and 

 (ii) In a multi-family dwelling or child-occupied facility, 

each component with a distinct painting history in every common area, 

except those components that the inspector or risk assessor determines 

to have been replaced after 1978, or to not contain lead-based paint. 
 (c) Paint shall be sampled in the following manner: 

 (i) The analysis of paint to determine the presence of lead 

shall be conducted using documented methodologies which incorporate 

adequate quality control procedures; and/or 

 (ii) All collected paint chip samples shall be analyzed according 

to paragraph (6) of this section to determine if they contain 

detectable levels of lead that can be quantified numerically. 

 (d) The certified inspector or risk assessor shall prepare an 

inspection report which shall include the following information: 

 (i) Date of each inspection; 

 (ii) Address of building; 

 (iii) Date of construction; 

 (iv) Apartment numbers (if applicable); 

 (v) Name, address, and telephone number of the owner or owners 

of each residential dwelling or child-occupied facility; 

 (vi) Name, signature, and certification number of each certified 

inspector and/or risk assessor conducting testing; 

 (vii) Name, address, and telephone number of the certified firm 

employing each inspector and/or risk assessor, if applicable; 

 (viii) Each testing method and device and/or sampling procedure 

employed for paint analysis, including quality control data and, if 

used, the serial number of any x-ray fluorescence (XRF) device; 

 (ix) Specific locations of each painted component tested for 

the presence of lead-based paint; and 

 (x) The results of the inspection expressed in terms appropriate 

to the sampling method used. 

 (3) Lead hazard screen. 

 (a) A lead hazard screen shall be conducted only by a person 

certified by the executive secretary as a risk assessor. 

 (b) If conducted, a lead hazard screen shall be conducted as 

follows: 

 (i) Background information regarding the physical

characteristics of the residential dwelling or child-occupied 

facility and occupant use patterns that may cause lead-based paint 

exposure to one or more children age 6 years and under shall be 

collected; 

 (ii) A visual inspection of the residential dwelling or 

child-occupied facility shall be conducted to: 

 (A) Determine if any deteriorated paint is present; and 

 (B) Locate at least two dust sampling locations; 

 (iii) If deteriorated paint is present, each surface with 

deteriorated paint, which is determined, using documented 

methodologies, to be in poor condition and to have a distinct painting 

history, shall be tested for the presence of lead; 

 (iv) In residential dwellings, two composite dust samples shall 

be collected, one from the floors and the other from the windows, 

in rooms, hallways, or stairwells where one or more children, age 

6 and under, are most likely to come in contact with dust; and 

 (v) In multi-family dwellings and child-occupied facilities, 

in addition to the floor and window samples required in paragraph 

(3)(b)(iv) of this section, the risk assessor shall also collect 

composite dust samples from common areas where one or more children, 

age 6 and under, are most likely to come into contact with dust. 
 (c) Dust samples shall be collected and analyzed in the following 

manner: 

 (i) All dust samples shall be taken using documented 

methodologies that incorporate adequate quality control procedures; 

and 

 (ii) All collected dust samples shall be analyzed according 

to paragraph (6) of this section to determine if they contain 

detectable levels of lead that can be quantified numerically. 

 (d) Paint shall be sampled in the following manner: 

 (i) The analysis of paint to determine the presence of lead 

shall be conducted using documented methodologies which incorporate 

adequate quality control procedures; and/or 

 (ii) All collected paint chip samples shall be analyzed according 

to paragraph (6) of this section to determine if they contain 

detectable levels of lead that can be quantified numerically. 

 (e) The risk assessor shall prepare a lead hazard screen report, 

which shall include the following information: 

 (i) The information required in a risk assessment report as 

specified in paragraph (4) of this section, including paragraphs 

(4)(k)(i) through (4)(k)(xiv), and excluding paragraphs (4)(k)(xv) 

through (4)(k)(xviii) of this section. Additionally, any background 

information collected pursuant to paragraph (3)(b)(i) of this section 

shall be included in the lead hazard screen report; and 

 (ii) Recommendations, if warranted, for a follow-up risk 

assessment, and as appropriate, any further actions. 

 (4) Risk assessment. 

 (a) A risk assessment shall be conducted only by a person 

certified by the executive secretary as a risk assessor and, if 

conducted, must be conducted according to the procedures in this 

paragraph. 

 (b) A visual inspection for risk assessment of the residential 

dwelling or child-occupied facility shall be undertaken to locate 

the existence of deteriorated paint, assess the extent and causes 

of the deterioration, and other potential lead-based paint hazards. 

 (c) Background information regarding the physical

characteristics of the residential dwelling or child-occupied 

facility and occupant use patterns that may cause lead-based paint 

exposure to one or more children age 6 years and under shall be 

collected. 

 (d) The following surfaces which are determined, using 

documented methodologies, to have a distinct painting history, shall 

be tested for the presence of lead: 

 (i) Each friction surface or impact surface with visibly 

deteriorated paint; and 

 (ii) All other surfaces with visibly deteriorated paint. 

 (e) In residential dwellings, dust samples (either composite 

or single-surface samples) from the interior window sill(s) and floor 

shall be collected and analyzed for lead concentration in all living 

areas where one or more children, age 6 and under, are most likely 

to come into contact with dust. 

 (f) For multi-family dwellings and child-occupied facilities, 

the samples required in paragraph (4)(d) of this section shall be 

taken. In addition, interior window sill and floor dust samples 
(either composite or single-surface samples) shall be collected and 

analyzed for lead concentration in the following locations: 

 (i) Common areas adjacent to the sampled residential dwelling 

or child-occupied facility; and 

 (ii) Other common areas in the building where the risk assessor 

determines that one or more children, age 6 and under, are likely 

to come into contact with dust. 

 (g) For child-occupied facilities, interior window sill and 

floor dust samples (either composite or single-surface samples) shall 

be collected and analyzed for lead concentration in each room, hallway, 

or stairwell utilized by one or more children, age 6 and under, and 

in other common areas in the child-occupied facility where one or 

more children, age 6 and under, are likely to come into contact with 

dust. 

 (h) Soil samples shall be collected and analyzed for lead 

concentrations in the following locations: 

 (i) Exterior play areas where bare soil is present; 

 (ii) The rest of the yard (i.e., non-play areas) where bare 

soil is present; and 

 (iii) Dripline/foundation areas where bare soil is present. 

 (i) Any paint, dust, or soil sampling or testing shall be 

conducted using documented methodologies that incorporate adequate 

quality control procedures. 

 (j) Any collected paint chip, dust, or soil samples shall be 

analyzed according to paragraph (6) of this section to determine if 

they contain detectable levels of lead that can be quantified 

numerically. 

 (k) The certified risk assessor shall prepare a risk assessment 

report which shall include the following information: 

 (i) Date of assessment; 

 (ii) Address of each building; 

 (iii) Date of construction of buildings; 

 (iv) Apartment number (if applicable); 

 (v) Name, address, and telephone number of each owner of each 

building; 

 (vi) Name, signature, and certification of the certified risk 

assessor conducting the assessment; 

 (vii) Name, address, and telephone number of the certified firm 

employing each certified risk assessor if applicable; 

 (viii) Name, address, and telephone number of each recognized 

laboratory conducting analysis of collected samples; 

 (ix) Results of the visual inspection; 

 (x) Testing method and sampling procedure for paint analysis 

employed; 

 (xi) Specific locations of each painted component tested for 

the presence of lead; 

 (xii) All data collected from on-site testing, including quality 

control data and, if used, the serial number of any XRF device. 

 (xiii) All results of laboratory analysis on collected paint, 

soil, and dust samples; 

 (xiv) Any other sampling results; 

 (xv) Any background information collected pursuant to paragraph 

(4)(c) of this section; 
 (xvi) To the extent that they are used as part of the lead-based 

paint hazard determination, the results of any previous inspections 

or analyses for the presence of lead-based paint, or other assessments 

of lead-based paint-related hazards; 

 (xvii) A description of the location, type, and severity of 

identified lead-based paint hazards and any other potential lead 

hazards; and 

 (xviii) A description of interim controls and/or abatement 

options for each identified lead-based paint hazard and a suggested 

prioritization for addressing each hazard. If the use of an 

encapsulant or enclosure is recommended, the report shall recommend 

a maintenance and monitoring schedule for the encapsulant or 

enclosure. 

 (5) Abatement. 

 (a) An abatement shall be conducted only by an individual 

certified by the executive secretary, and if conducted, shall be 

conducted according to the procedures in this paragraph. 

 (b) A certified supervisor is required for each abatement project 

and shall be onsite during all work site preparation and during the 

post-abatement cleanup of work areas. At all other times when 

abatement activities are being conducted, the certified supervisor 

shall be onsite or available by telephone, pager or answering service, 

and able to be present at the work site in no more than 2 hours. 

 (c) The certified supervisor and the certified firm employing 

that supervisor shall ensure that all abatement activities are 

conducted according to the requirements of this section and all other 

federal, state, and local requirements. 

 (d) A certified firm must notify the executive secretary of 

lead-based paint abatement activities as follows: 

 (i) Except as provided in paragraph (5)(d)(ii) of this section, 

the executive secretary must be notified prior to conducting 

lead-based paint abatement activities. The original notification 

must be received by the executive secretary at least 5 business days 

before the start date of any lead-based paint abatement activities; 

 (ii) Notification for lead-based paint abatement activities 

required in response to an elevated blood lead level (EBL) 

determination, or federal, state, tribal, or local emergency abatement 

order should be received by the executive secretary as early as 

possible before, but must be received no later than the start date 

of the lead-based paint abatement activities. Should the start date 

and/or location provided to the executive secretary change, an updated 

notification must be received by the executive secretary on or before 

the start date provided to the executive secretary. Documentation 

showing evidence of an EBL determination or a copy of the 

federal/state/tribal/local emergency abatement order must be included 

in the written notification to take advantage of this abbreviated 

notification period; 

 (iii) Except as provided in paragraph (5)(d)(ii) of this section, 

updated notification must be provided to the executive secretary for 

lead-based paint abatement activities that will begin on a date other 

than the start date specified in the original notification, as follows: 

 (A) For lead-based paint abatement activities beginning prior 

to the start date provided to the executive secretary an updated 
notification must be received by the executive secretary at least 

5 business days before the new start date included in the notification; 

and 

 (B) For lead-based paint abatement activities beginning after 

the start date provided to the executive secretary an updated 

notification must be received by the executive secretary on or before 

the start date provided to the executive secretary;

 (iv) Except as provided in paragraph (5)(d)(ii) of this section, 

updated notification must be provided to the executive secretary for 

any change in location of lead-based paint abatement activities at 

least 5 business days prior to the start date provided to the executive 

secretary; 

 (v) Updated notification must be provided to the executive 

secretary when lead-based paint abatement activities are canceled, 

or when there are other significant changes including, but not limited 

to, when the square footage or acreage to be abated changes by more 

than 20%. This updated notification must be received by the Executive 

Secretary on or before the start date provided to the executive 

secretary, or if work has already begun, within 24 hours of the change; 

 (vi) The following must be included in each notification: 

 (A) Notification type (original, updated, or cancellation); 

 (B) Date when lead-based paint abatement activities will start; 

 (C) Date when lead-based paint abatement activities will end 

(approximation using best professional judgment); 

 (D) Firm's name, Utah lead-based paint firm certification 

number, address, and telephone number; 

 (E) Type of building (e.g., single family dwelling, multi-family 

dwelling, and/or child-occupied facilities) on/in which abatement 

work will be performed; 

 (F) Property name (if applicable); 

 (G) Property address including apartment or unit number(s) (if 

applicable) for abatement work; 

 (H) Documentation showing evidence of an EBL determination or 

a copy of the federal/state/tribal/local emergency abatement order, 

if using the abbreviated time period as described in paragraph 

(5)(d)(ii) of this section; 

 (I) Name and Utah lead-based paint individual certification 

number of the project supervisor; 

 (J) Approximate square footage/acreage to be abated; 

 (K) Brief description of abatement activities to be performed; 

and 

 (L) Name, title, and signature of the representative of the 

certified firm who prepared the notification; 

 (vii) Notification must be accomplished using any of the 

following methods: Written notification, or electronically using the 

Utah Division of Air Quality electronic notification system. Written 

notification can be accomplished using either the sample form titled 

"Lead-Based Paint Abatement Project Notification" or similar form 

containing the information required in paragraph (5)(d)(vi) of this 

section. All written notifications must be delivered by United States 

Postal Service, fax, commercial delivery service, or hand delivery 

on or before the applicable date. Instructions and sample forms can 

be obtained from the Utah Division of Air Quality Lead-Based Paint 
Program web site; 

 (viii) Lead-based paint abatement activities shall not begin 

on a date, or at a location other than that specified in either an 

original or updated notification, in the event of changes to the 

original notification; and 

 (ix) No firm or individual shall engage in lead-based paint 

abatement activities, as defined in R307-840-2, prior to notifying 

the executive secretary of such activities according to the 

requirements of this paragraph. 

 (e) A written occupant protection plan shall be developed for 

all abatement projects and shall be prepared according to the following 

procedures: 

 (i) The occupant protection plan shall be unique to each 

residential dwelling or child-occupied facility and be developed prior 

to the abatement. The occupant protection plan shall describe the 

measures and management procedures that will be taken during the 

abatement to protect the building occupants from exposure to any 

lead-based paint hazards; and 

 (ii) A certified supervisor or project designer shall prepare 

the occupant protection plan. 

 (f) The work practices listed below shall be restricted during 

an abatement as follows: 

 (i) Open-flame burning or torching of lead-based paint is 

prohibited; 

 (ii) Machine sanding or grinding or abrasive blasting or 

sandblasting of lead-based paint is prohibited unless used with High 

Efficiency Particulate Air (HEPA) exhaust control which removes 

particles of 0.3 microns or larger from the air at 99.97% or greater 

efficiency; 

 (iii) Dry scraping of lead-based paint is permitted only in 

conjunction with heat guns or around electrical outlets or when 

treating defective paint spots totaling no more than 2 square feet 

in any one room, hallway, or stairwell or totaling no more than 20 

square feet on exterior surfaces; and 

 (iv) Operating a heat gun on lead-based paint is permitted only 

at temperatures below 1100 degrees Fahrenheit. 

 (g) If conducted, soil abatement shall be conducted in one of 

the following ways: 

 (i) If the soil is removed: 

 (A) The soil shall be replaced by soil with a lead concentration 

as close to local background as practicable, but no greater than 400 

ppm; and 

 (B) The soil that is removed shall not be used as top soil at 

another residential property or child-occupied facility; or 

 (ii) If soil is not removed, the soil shall be permanently 

covered, as defined in R307-840-2. 

 (h) The following post-abatement clearance procedures shall 

be performed only by a certified inspector or risk assessor: 

 (i) Following an abatement, a visual inspection shall be 

performed to determine if deteriorated painted surfaces and/or visible 

amounts of dust, debris, or residue are still present. If deteriorated 

painted surfaces or visible amounts of dust, debris, or residue are 

present, these conditions must be eliminated prior to the continuation 
of the clearance procedures; 

 (ii) Following the visual inspection and any post-abatement 

cleanup required by paragraph (5)(h)(i) of this section, clearance 

sampling for lead in dust shall be conducted. Clearance sampling 

may be conducted by employing single-surface sampling or composite 

sampling techniques; 

 (iii) Dust samples for clearance purposes shall be taken using 

documented methodologies that incorporate adequate quality control 

procedures; 

 (iv) Dust samples for clearance purposes shall be taken a minimum 

of 1 hour after completion of final post-abatement cleanup activities; 

 (v) The following post-abatement clearance activities shall 

be conducted as appropriate based upon the extent or manner of 

abatement activities conducted in or to the residential dwelling or 

child-occupied facility: 

 (A) After conducting an abatement with containment between 

abated and unabated areas, one dust sample shall be taken from one 

interior window sill and from one window trough (if present) and one 

dust sample shall be taken from the floors of each of no less than 

four rooms, hallways, or stairwells within the containment area. 

In addition, one dust sample shall be taken from the floor outside 

the containment area. If there are less than four rooms, hallways, 

or stairwells within the containment area, then all rooms, hallways, 

or stairwells shall be sampled; 

 (B) After conducting an abatement with no containment, two dust 

samples shall be taken from each of no less than four rooms, hallways, 

or stairwells in the residential dwelling or child-occupied facility. 

 One dust sample shall be taken from one interior window sill and 

window trough (if present) and one dust sample shall be taken from 

the floor of each room, hallway, or stairwell selected. If there 

are less than four rooms, hallways, or stairwells within the 

residential dwelling or child-occupied facility, then all rooms, 

hallways, or stairwells shall be sampled; and 

 (C) Following an exterior paint abatement, a visible inspection 

shall be conducted. All horizontal surfaces in the outdoor living 

area closest to the abated surface shall be found to be cleaned of 

visible dust and debris. In addition, a visual inspection shall be 

conducted to determine the presence of paint chips on the dripline 

or next to the foundation below any exterior surface abated. If paint 

chips are present, they must be removed from the site and properly 

disposed of, according to all applicable federal, state, and local 

requirements; 

 (vi) The rooms, hallways, or stairwells selected for sampling 

shall be selected according to documented methodologies; 

 (vii) The certified inspector or risk assessor shall compare 

the residual lead level (as determined by the laboratory analysis) 

from each single surface dust sample with clearance levels in paragraph 

(5)(h)(viii) of this section for lead in dust on floors, interior 

window sills, and window troughs or from each composite dust sample 

with the applicable clearance levels for lead in dust on floors, 

interior window sills, and window troughs divided by half the number 

of subsamples in the composite sample. If the residual lead level 

in a single surface dust sample equals or exceeds the applicable 
clearance level or if the residual lead level in a composite dust 

sample equals or exceeds the applicable clearance level divided by 

half the number of subsamples in the composite sample, the components 

represented by the failed sample shall be recleaned and retested; 

and 

 (viii) The clearance levels for lead in dust are 40 ug/ft2 for 

floors, 250 ug/ft2 for interior window sills, and 400 ug/ft2 for window 

troughs. 

 (i) In a multi-family dwelling with similarly constructed and 

maintained residential dwellings, random sampling for the purposes 

of clearance may be conducted provided: 

 (i) The certified individuals who abate or clean the residential 

dwellings do not know which residential dwelling will be selected 

for the random sample; 

 (ii) A sufficient number of residential dwellings are selected 

for dust sampling to provide a 95% level of confidence that no more 

than 5% or 50 of the residential dwellings (whichever is smaller) 

in the randomly sampled population exceed the appropriate clearance 

levels; and 

 (iii) The randomly selected residential dwellings shall be 

sampled and evaluated for clearance according to the procedures found 

in paragraph (5)(h) of this section. 

 (j) An abatement report shall be prepared by a certified 

supervisor or project designer no later than 30 business days after 

receiving the results of final clearance testing and all soil analyses 

(if applicable). The abatement report shall include the following 

information: 

 (i) Start and completion dates of abatement; 

 (ii) The name and address of each certified firm conducting 

the abatement and the name of each supervisor assigned to the abatement 

project; 

 (iii) The occupant protection plan prepared pursuant to 

paragraph (5)(e) of this section; 

 (iv) The name, address, and signature of each certified risk 

assessor or inspector conducting clearance sampling and the date of 

clearance testing; 

 (v) The results of clearance testing and all soil analyses (if 

applicable) and the name of each recognized laboratory that conducted 

the analyses; and 

 (vi) A detailed written description of the abatement, including 

abatement methods used, locations of rooms and/or components where 

abatement occurred, reason for selecting particular abatement methods 

for each component, and any suggested monitoring of encapsulants or 

enclosures. 

 (6) Collection and laboratory analysis of samples. Any paint 

chip, dust, or soil samples collected pursuant to the work practice 

standards contained in this section shall be: 

 (a) Collected by persons certified by the executive secretary 

as an inspector or risk assessor; and 

 (b) Analyzed by a laboratory recognized by EPA pursuant to 

Section 405(b) of TSCA as being capable of performing analyses for 

lead compounds in paint chip, dust, and soil samples. 

 (7) Composite dust sampling. Composite dust sampling may only 
be conducted in the situations specified in paragraphs (3) through 

(5) of this section. If such sampling is conducted, the following 

conditions shall apply: 

 (a) Composite dust samples shall consist of at least two 

subsamples; 

 (b) Every component that is being tested shall be included in 

the sampling; and 

 (c) Composite dust samples shall not consist of subsamples from 

more than one type of component. 

 (8) Determinations. 

 (a) Lead-based paint is present: 

 (i) On any surface that is tested and found to contain lead 

equal to or in excess of 1.0 milligrams per square centimeter or equal 

to or in excess of 0.5% by weight; and 

 (ii) On any surface like a surface tested in the same room 

equivalent that has a similar painting history and that is found to 

be lead-based paint. 

 (b) A paint-lead hazard is present: 

 (i) On any friction surface that is subject to abrasion and 

where the lead dust levels on the nearest horizontal surface underneath 

the friction surface (e.g., the window sill or floor) are equal to 

or greater than the dust hazard levels identified in the definition 

of "Dust-lead hazard" in R307-840-2; 

 (ii) On any chewable lead-based paint surface on which there 

is evidence of teeth marks; 

 (iii) Where there is any damaged or otherwise deteriorated 

lead-based paint on an impact surface that is caused by impact from 

a related building component (such as a door knob that knocks into 

a wall or a door that knocks against its door frame); and 

 (iv) If there is any other deteriorated lead-based paint in 

any residential building or child-occupied facility or on the exterior 

of any residential building or child-occupied facility. 

 (c) A dust-lead hazard is present in a residential dwelling 

or child-occupied facility: 

 (i) In a residential dwelling on floors and interior window 

sills when the weighted arithmetic mean lead loading for all single 

surface or composite samples of floors and interior window sills are 

equal to or greater than 40 ug/ft2 for floors and 250 ug/ft2 for interior 

window sills, respectively; 

 (ii) On floors or interior window sills in an unsampled 

residential dwelling in a multi-family dwelling, if a dust-lead hazard 

is present on floors or interior window sills, respectively, in at 

least one sampled residential unit on the property; and 

 (iii) On floors or interior window sills in an unsampled common 

area in a multi-family dwelling, if a dust-lead hazard is present 

on floors or interior window sills, respectively, in at least one 

sampled common area in the same common area group on the property. 

 (d) A soil-lead hazard is present: 

 (i) In a play area when the soil-lead concentration from a 

composite play area sample of bare soil is equal to or greater than 

400 parts per million; or 

 (ii) In the rest of the yard when the arithmetic mean lead 

concentration from a composite sample (or arithmetic mean of composite 
samples) of bare soil from the rest of the yard (i.e., non-play areas) 

for each residential building on a property is equal to or greater 

than 1,200 parts per million. 

 (9) Recordkeeping. All reports or plans required in this section 

shall be maintained by the certified firm or individual who prepared 

the report for no fewer than 3 years. The certified firm or individual 

also shall provide copies of these reports to the building owner who 

contracted for its services. 

R307-842-4. Lead-Based Paint Activities Requirements.

 Lead-based paint activities, as defined in R307-840-2, shall 

only be conducted according to the procedures and work practice 

standards contained in R307-842-3 of this rule. No individual or 

firm may offer to perform or perform any lead-based paint activity 

as defined in R307-840-2, unless certified to perform that activity 

according to the procedures in R307-842-2. 

R307-842-5. Work Practice Requirements for Lead-Based Paint Hazards.

 Applicable certification, occupant protection, and clearance 

requirements and work practice standards are found in R307-842 and 

in regulations issued by HUD at 24 CFR Part 35, Subpart R. The work 

practice standards in those regulations do not apply when treating 

paint-lead hazards of less than: 

 (a) Two square feet of deteriorated lead-based paint per room 

or equivalent, 

 (b) Twenty square feet of deteriorated paint on the exterior 

building, or 

 (c) Ten percent of the total surface area of deteriorated paint 

on an interior or exterior type of component with a small surface 

area. 

KEY: paint, lead-based paint, lead-based paint abatement

Date of Enactment or Last Substantive Amendment: May 3, 2012

Authorizing, and Implemented or Interpreted Law: 19-2-104(1)(i)