Codification through the 2012 Legislative session. 

Subchapters 1 and 5 

Board adoption- February 24, 2012 

Gubernatorial approval- April13, 2012 

Legislative approval and final adoption- May 1, 2012 

Effective date- July 1, 2012 

Codification through the 2012 Legislative session 

Subchapter 15 

Board adoption- February 24, 2012 

Gubernatorial approval-May 16, 2012 

Legislative approval and final adoption May 16, 2012 

Effective date- July 1, 2012 

TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY 

CHAPTER 110. LEAD-BASED PAINT MANAGEMENT 

Subchapter Section 

1. General Provisions .................................................. 252:110-1-1 

3. Definitions ........................................................ 252:110-3-1 

5. Incorporation by Reference ........................................... 252:110-5-1 

7. General Requirements of Authorizations ................................. 252:110-7-1 

9. Additional Accreditation Requirements. . ............................... 252:110-9-1 

11. Additional LPB Certification Requirements ............................. 252:110-11-1 

13. Additional Work Practice Standards ................................... 252:110-13-1 

15. Additional Renovation, Repair, and Painting (RRP) Requirements ........... 252:110-15-1 

1 
SUBCHAPTER 1. GENERAL PROVISIONS 

Section 

252:110-1-1. Purpose 

252:110-1-2. Basis and authority 

252:110-1-3. Scope and applicability 

252:110-1-4. Terms 

252:110-1-5. Consideration of other laws 

252:110-1-6. Severability 

252:110-1-7. Reference to 40 CFR 

252:110-1-1. Purpose 

The rules in this Chapter implement the Oklahoma Lead-based Paint Management Act, 27 A 0 .S. 

section 2-12-101 et seq., as amended. 

252:110-1-2. Basis and authority 

The rules in this Chapter were promulgated and adopted pursuant to the Oklahoma 

Environmental Quality Code, 27A O.S. section 2-1-101 et seq., as amended. 

252:110-1-3. Scope and applicability 

This Chapter applies to all individuals and firms who are engaged in lead-based paint services 

in target housing and child-occupied facilities, except persons who perform these services within 

residential dwellings that they own, unless the residential dwelling is occupied by a person or 

persons other than the owner or the owner's immediate family while these services are being 

performed, or a child residing in the building has been identified as having an elevated blood lead 

level. This Chapter contains procedures and requirements for the accreditation of lead-based paint 

services training programs, procedures and requirements for the certification of individual and firms 

engaged in lead-based paint services, and work practice standards for performing such services. 

252:110-1-4. Terms 

Terms used in this Chapter shall have the meanings given them in Subchapter 3 of this Chapter 

unless the context clearly indicates otherwise. Any technical term not defined in the Oklahoma 

Environmental Quality Code, the Oklahoma Lead-based Paint Management Act or by this Chapter 

shall be defined by its generally accepted scientific meaning or its standard dictionary meaning. 

252:110-1-5. Consideration of other laws 

Compliance with the requirements ofthe Oklahoma Environmental Quality Code, the Oklahoma 

Lead-based Paint Management Act and this Chapter shall not preclude compliance with any other 

applicable local, state and federal regulations, rules, laws, or other requirements. 

252:110-1-6. Severability 

The provisions of this Chapter are severable, and if any part or provision hereof shall be held 

void, the decision of the court so holding shall not affect or impair any of the remaining parts or 

provisions of this Chapter. 

252:110-1-7. Reference to 40 CFR [REVOKED] 

SUBCHAPTER 3. DEFINITIONS 

Section 

252:110-3-1. Definitions 

252:110-3-2. Terminology related to 40 CFR 

252:110-3-1. Definitions 

2 
In addition to the definitions contained in OAC 252: 110-5-1(1) and the Oklahoma Lead-based 

Paint Management Act, 27A O.S., Sec. 2-12-101 et seq., the following words and terms, when used 

in this Chapter shall have the following meaning, unless otherwise indicated. 

"Act" means the Oklahoma Lead-based Paint Management Act, 27A O.S., § 2-12-101 et seq., 

and subsequent amendments. 

"Authorization" means a certification, accreditation or approval granted by the Department. 

"Business day" means Monday through Friday with the exception of State holidays. 

"Exam" means a third party test, administered by the Department when required for LBP 

certification. 

"Hazard evaluator" [See "Lead-based Paint hazard evaluator", 27 A O.S. § 2-12-102(17).] 

For the purposes of this chapter, the term "hazard evaluator" is synonymous with the term "risk 

assessor." 

"HUD procedures" means the Housing and Urban Development's Guidelines for the Evaluation 

and Control of Lead-based Paint Hazards in Housing (June 1995 and revised in October 1997). 

"Instructor" means any person who receives compensation from an accredited LBP training 

program for teaching all or a portion of a LBP training course. 

"LBP" means Lead-based Paint. 

"LBP Contractor" means an individual or firm certified by the Department as an inspector, risk 

assessor, abatement worker, project designer, supervisor, or firm. 

"OAC" means the Oklahoma Administrative Code. 

"Quality assurance plan" means a written description of quality assurance activities that will 

ensure the generation of data that are scientifically valid, defensible and of known and acceptable 

limits of precision and accuracy. 

"Training provider" means any organization or entity accredited under OAC 252:110, Leadbased Paint Management. 

"XRF instrument" or "x-ray fluorescence spectroscopy instrument" means an instrument 

using radiation from a source to stimulate radiation emission which can be analyzed to determine 

the presence of certain substances, including lead. 

252:110-3-2. Terminology related to 40 CFR 

For purposes of interfacing with 40 CFR, the following terms apply: 

(1) "Administrator" is synonymous with Executive Director; 

(2) "EPA" is synonymous with the Oklahoma Department ofEnvironmental Quality. 

SUBCHAPTER 5. INCORPORATION BY REFERENCE 

Section 

252:110-5-1. Incorporation by reference 

252:110-5-1. Incorporation by reference 

The following Sections of 40 CFR Part 745, as they exist on August 8, 2011, are, unless 

otherwise specified, incorporated by reference in their entirety: 

(1) Section 745.223. Definitions, except the definitions of "Interim certification", "Business 

day" and "Training provider". 

(2) Section 745.225. Accreditation of training programs: target housing and child-occupied 

facilities, except: 

(A) Section 745.225(a)(2) which refers to application dates. 

(B) Section 745.225(a)(3) which refers to accreditation deadlines. 

(C) Section 745.225(b)(3) which refers to accredited training courses. 

(D) Section 7 45 .225( c)( 14 )(iii) which refers to course notification means of submittal. 

(E) Section 745.225(e)(5) which refers to training programs offering onlyrefresher 

training courses. 

(F) Section 745.225(£)(1) which refers to timelines for renewal accreditation of training 

programs. 

3 
(G) Section 745.225(£)(2) which refers to renewal accreditation deadlines. 

(3) Section 745.226. Certification of individuals and firms engaged in lead-based paint 

activities: target housing and child-occupied facilities, except: 

(A) Section 745.226(a)(2) which refers to application dates. 

(B) Section 745.226(a)(5) which refers to enforcement dates. 

(C) Section 745.226(b )( 4) which refers to interim certification. 

(D) Section 745.226(c)(3) which refers to interim certification. 

(E) Section 745.226(d) which refers to certification based on prior training. 

(F) Section 745.226(e) which refers to re-certification. 

(G) Section 745.226(£) which refers to certification of firms. 

( 4) Section 7 45.227. Work practice standards for conducting lead-based paint activities: target 

housing and child-occupied facilities, except: 

(A) Section 745.227(a)(1) which refers to performance dates. 

(B) Section 7 4 5.22 7 (e)( 4 )(vii) which refers to abatement notification means of submittal. 

(5) Section 745.233. Lead-based paint activities requirements. 

(6) Section 745.61. Scope and applicability. 

(7) Section 745.63. Definitions. 

(8) Section 745.65. Lead-based paint hazards. 

(9) Section 745.82. Applicability. 

(10) Section 745.83. Definitions. 

(11) Section 745.84. Information distribution requirements. 

(12) Section 745.85. Work practice standards. 

(13) Section 745.86. Recordkeeping and reporting requirements. 

(14) Section 745.87. Enforcement and inspections. 

(15) Section 745.88. Recognized test kits. 

(16) Section 745.89. Firm certification. 

(17) Section 745.90. Renovator certification and dust sampling technician certification. 

(18) Section 745.91. Suspending, revoking, or modifYing an individual's or firm's 

certification. 

SUBCHAPTER 7. GENERAL REQUIREMENTS OF AUTHORIZATIONS 

Section 

252:110-7-1. Scope 

252:110-7-2. Applicable dates 

252:110-7-3. Compliance 

252:110-7-4. Application for authorization 

252:110-7-5. Application for authorization renewal 

252:110-7-6. Application review 

25 2: 11 0-7-7. Issuance, denial, revocation or suspension 

252:110-7-8. Conditions of authorization 

252:110-7-1. Scope 

(a) No LBP service required. Nothing in the Act or this Chapter requires any property owner to 

inspect, evaluate, test for LBP, or reduce or abate LBP or LBP hazards at his property. 

(b) Accreditation. 252:110-5-1 (2) and Subchapter 9 establish requirements for the accreditation 

ofLBP training programs. 

(c) Certifications. 252:110-5-1(3) and Subchapter 11 establish requirements for the certification 

ofLBP contractors in the disciplines of inspector, risk assessor, abatement worker, project designer, 

supervisor and firm. 

(d) Standards. 252:110-5-1(4) and (5) and Subchapter 13 set minimum standards for the 

performance of LBP services. Certified LBP contractors shall follow these standards when 

performing LBP services. Nothing in this Chapter prevents any facility owner who causes LBP 

services to be performed at his property from requiring that the services be performed according to 

4 
the standards of Subchapter 13. 

252:110-7-2. Applicable dates 

(a) Effective date of this Chapter. This Chapter shall become effective upon final rule adoption. 

(b) Certification timelines. The following sets forth the applicable dates for certification: 

( 1) Initial certificate period. Date of issuance through the following March 31. 

(2) Annual certificate renewal year. April 1 through March 31. 

(3) Date on and after which persons and firms must be certified prior to performing LBP 

services. November 1, 1996. 

(4) Annual period when regular renewal applications can be filed. January 15 until March 

31. 

( 5) Annual period when late renewal applications will be accepted (without payment oflate 

fee). April 1 until April 30. 

( 6) Waiting period for reapplication after certification has been revoked. One ( 1) year from 

date of revocation. 

(c) Accreditation time lines. The following sets forth the applicable dates for accreditation: 

( 1) Initial accreditation period. Date of issuance through the following August 31. 

(2) Annual certificate renewal year. September 1 through August 31. 

(3) Annual period when regular renewal applications can be filed. April 1 until July 31. 

( 4) Annual period when late renewal applications will be accepted (with payment of late 

fee). August 1 until August 31. 

252:110-7-3. Compliance 

(a) Duty to comply. Accredited training programs and certified firms or individuals shall comply 

with the requirements of the Act, the Oklahoma Environmental Quality Code, 27A O.S. § 2-1-101 

et seq., rules promulgated by the Board including this Chapter, the conditions ofDepartment-issued 

LBP authorizations, and final orders. 

(b) Failure to comply. Failure to comply with any such law, rule, authorization or order may result 

in administrative enforcement and penalties, denial of applications, suspension or revocation of 

authorization, prosecution and/ or any other available remedy in accordance with Part 5 of Article III 

and Part 3 of Article XII of the Code. 

(c) Compliance and enforcement inspections. For purposes of determining and facilitating 

compliance with the requirements of the Act and this Chapter, any authorized representative of the 

Department, after identifying himself, shall have the right to inspect, monitor, and evaluate LBP 

services (certification) and training (accreditation), review records required to be kept by this 

Chapter, report identified deficiencies to the holder, and require corrective action. 

252:110-7-4. Application for authorization 

(a) Fees. Nonrefundable fees are payable at the time an application or other notice associated with 

a fee is filed with the Department. 

(b) Forms. Forms for the applications, reports and notices required by this Chapter may be available 

from the Department upon request. 

(c) Applicant signature and verification. An application shall be signed by the applicant and 

contain a verification stating that the application was prepared under his direction or supervision and 

the information it contains is, to the best ofhis knowledge and belief, true, accurate and complete. 

(d) Withdrawal. An applicant may withdraw an application at any time with written notice to the 

Department and forfeiture of fees. 

252:110-7-5. Application for authorization renewal 

(a) Application. In addition to the requirements ofSubchapters 9 and 11, an application for renewal 

of an authorization shall include documentation that the applicant has met the applicable annual 

renewal criteria established by this Chapter. 

(b) Criteria for renewal. The basis for renewal shall include a timely and complete application, 

cooperative participation in compliance inspections, compliance as specified in 252:110-7-3, 

5 
payment of monies owed to the Department and other specific renewal criteria set forth in this 

Chapter. 

(c) Effect of renewal application on existing authorization. A complete and timely renewal 

application filed with the Department shall extend the existing authorization until the Department 

either issues or denies the renewal. 

(d) Notice not required. An authorized holder is responsible for renewal or reactivation ofhis own 

authorization regardless of notification. 

252:110-7-6. Application review 

(a) Review procedure. The Department shall review an application for completeness, shall give 

written notice to the applicant of deficiencies and shall specify a date the necessary information is 

due. 

(b) Automatic termination. If, within six months of the Department notice, the applicant fails to 

provide the information, the entire application shall become void unless a time extension has been 

granted by the Department for good cause. 

252:110-7-7. Issuance, denial, revocation or suspension 

(a) Basis for issuance. Authorization shall only be issued to applicants who have submitted a 

complete application and have satisfactorily demonstrated substantial compliance as outlined in this 

Chapter, the Code and with other applicable requirements. 

(b) Basis for denial. No authorization shall be issued to any applicant who: 

(1) Fails to satisfY any applicable requirement of the Act or this Chapter; 

(2) Is not in substantial compliance with the terms and conditions of his expiring authorization 

or any final Department order issued to him unless the Department imposes special conditions 

on the new authorization to assure compliance; 

(3) Purposely omitted material facts from any authorization application, as amended or 

supplemented; 

( 4) Had an authorization revoked in whole or suspended and not reinstated within one (1) year 

preceding the date of application; 

(5) Had an application to the Department denied within the one (1) year preceding current 

application; or 

( 6) Has not paid monies owed to the Department. 

(c) Basis for revocation or suspension. See 252:110-7-3. 

252:110-7-8. Conditions of authorization 

(a) Specific conditions. The Department may establish conditions in any authorization to ensure 

compliance with this Chapter and the Code. 

(b) Conditions applicable to all authorizations. In addition to the requirements of this Chapter, 

the following conditions shall apply to all authorizations. 

( 1) Effect of authorization. An authorization does not convey any property rights of any sort 

or any exclusive privilege, nor does it constitute authorization for any invasion of other private 

rights, or any infringement of federal, state, or local law or rules. Issuance of any LBP 

authorization by the Department shall not imply Department approval of any LBP activity or 

service performed by the holder. 

(2) Practices and procedures. All LBP operational practices and procedures used by the holder 

shall comply at all times with this Chapter and the Code. 

(3) Duty to mitigate. The holder shall take all reasonable steps to minimize or correct any 

adverse impact on the environment, health and safety resulting from work performed pursuant 

to the authorization. 

( 4) Consent to conditions. Beginning LBP services under an authorization means the holder 

consents to all of its conditions. 

( 5) Transferability. An authorization cannot be transferred to another person, training program 

or firm. 

(6) Severability. The provisions of an authorization are severable, and if any part or use of a 

6 
part is held invalid by a court of law, the remaining parts and uses shall remain valid. 

(c) Amendment and modification. The Department may amend or modify or require the 

amendment or modification of a LBP authorization for cause or the holder may request amendment 

or modification at any time. 

(1) Notice and reporting requirements. A holder shall give the Department written notice 

within 30 days after a change in the holder's mailing address or telephone or telefax numbers and 

of any other change when required by this Chapter. 

(2) Errors and omissions. When a holder becomes aware that a material fact was submitted 

erroneously or omitted from an authorization application or in any report submitted by reason 

of the authorization to the Department (or to a client), the holder shall promptly submit correct 

facts or information to the Department (and/ or the client). 

(d) Duty to provide information. A holder shall furnish to the Department, within a time specified, 

any information from required records which the Department may request to determine: 

(1) whether cause exists for amending, suspending, or revoking his authorization; 

(2) his compliance with the authorization; or 

(3) whether the authorization should be renewed. 

SUBCHAPTER 9. ADDITIONAL ACCREDITATION REQUIREMENTS 

Section 

252:110-9-1. Accreditation required 

252:110-9-1.1 Course content 

252:110-9-2. Programs accredited by other states or agencies 

252:110-9-3. Records and notices 

252:110-9-4. Applications 

252:110-9-5. Provisional accreditation 

252:110-9-6. Basis for issuance, denial, revocation or suspension 

252:110-9-7. Renewal 

252:110-9-8. Fees 

252:110-9-1. Accreditation required 

(a) Objective. The Department accreditation is designed to recognize and facilitate uniform, 

consistent and quality-controlled training programs offered and taught to persons seeking 

discipline-specific training which meets the Department's certification requirements related to 

training in LBP services. 

(b) Eligibility. Accreditation is available only to educational institutions and government 

agencies offering on-going and continuous LBP training programs. Accreditation by the 

Department is not available to training programs that are only offering one or more LBP training 

courses on a one-time-only basis or for a period of less than 12 months. Training programs shall 

not receive accreditation for a refresher course if they do not also receive accreditation for the 

discipline-specific initial training course. 

(c) Claims of accreditation status. Only a Department-accredited program may advertise itself 

as an accredited LBP training program in Oklahoma. 

252:110-9-1.1 Course Content 

In addition to the training requirements contained in OAC 252:110-5-1, all training courses 

and the corresponding refreshers must contain hands-on training activities and review of OAC 

252:110, Oklahoma Lead-Based Paint Management. 

252:110-9-2. Programs accredited by other states or agencies 

(a) Recognition and approval required. Prior to offering or conducting a LBP training course 

in Oklahoma, a program accredited by another state or agency must apply for and receive 

recognition and approval by the Department as a Department-accredited LBP program. 

(b) Application. An application for approval and recognition shall be made in the same form 

7 
and manner as an application for accreditation. 

(c) On-site evaluation. For on-site evaluations of other state/agency accredited programs, the 

program shall pay an equivalency review fee as shown in 252:110-9-8 plus reimbursement to the 

Department for any actual costs incurred by the Department for travel to the program location 

and per day costs incurred by the evaluator(s) for evaluation-related vicinity transportation, 

lodging and meals. 

252:110-9-3. Records and notices 

(a) Notice of significant changed conditions. An accredited program shall give written notice 

to the Department of any prospective or current course or program changes which may adversely 

affect any Department-administered exam. 

(b) Notice of accreditation status. The Department may require a training program to give 

written notice to its present or prospective students of the suspension or revocation of any part of 

its accreditation. 

(c) Personnel changes. An accredited program shall submit to the Department the information 

required in OAC 252:110-11-4, Certification Exam, as applicable, for each training manager or 

instructor proposed to be added to the program after it is accredited and request approval of the 

new personnel. If the Department does not deny the request within two (2) weeks of receipt, the 

request shall be deemed approved. A program shall also give the Department written notice of 

the name of any instructor no longer teaching in the program, and the title of the affected 

course(s), within two (2) weeks of the change. 

252:110-9-4. Applications 

In addition to the requirements of OAC 252: 110-5-1(2), 252:110-7-4 and 252:110-7-5, an 

accreditation application shall contain: 

(1) General information. 

(A) The name and address of any owner, stockholder, officer or training manager of the 

training program who was or is affiliated with another LBP training program whose 

accreditation has been previously suspended or revoked in part or in whole within the 

preceding 12 months or who has been a party in enforcement proceedings by the 

Department for a significant violation or violations of the Code or rules promulgated by 

the Board. 

(B) A copy of an EPA or state approval letter for each course previously approved by the 

EPA or another state. 

(C) Documentation of accreditation as a LBP training program issued by another state or 

entity. 

(2) Course information. 

(A) A copy of all course materials, including handouts. 

(B) Details of the hands-on skills assessment. 

(C) Minimum competency and proficiency requirements. 

(D) If a training program does not use EPA-developed model training materials, its 

application for accreditation shall include: 

(i) A copy of the student and instructor manuals to be used for each course; and, 

(ii) A copy of the course agenda for each course, including the time allotted to each 

curriculum element. 

(3) Program information. 

(A) Copies or samples of advertising materials currently or proposed to be published by 

the training provider to promote its program and/or specific training courses. 

(B) A plan for tracking student attendance to ensure requisite hours of class participation. 

(C) A copy of proposed course completion certificate. 

( 4) Instructor information. 

(A) A completed instructor application for each instructor associated with the training 

program, including identification of all disciplines the instructor is seeking approval to 

teach. 

8 
(B) Evidence, including test scores, that each instructor has passed the certification exam 

within the last three years for each discipline the instructor is seeking approval to teach. 

252:110-9-5. Provisional accreditation 

(a) Provisional approval for training courses. When the restrictions of time or circumstances 

do not allow final approval of a course, the Department may grant a provisional approval that is: 

(1) Based on the Department's determination that the information, materials and 

qualifications of the training manager and instructors provided in the application appear to 

meet the requirements of this Chapter; 

(2) Contingent upon the applicant program giving notice of the date(s) on which the course 

is to commence; and 

(3) Conditioned on at least one Department on-site evaluation of the course, instructor(s) and 

program management. 

( 4) A provisional approval shall be valid for no more than 12 months unless extended by the 

Department for cause for a period not to exceed six ( 6) months. 

(b) Conditions. The Department may establish conditions in the provisional approval, including 

compliance schedules. 

252:110-9-6. Basis for issuance, denial, revocation or suspension 

(a) General. In addition to the provisions of OAC 252:110-7-7, accreditation may not be issued 

to any applicant who has an owner, stockholder, officer or training manager who was or is 

currently affiliated with another training program whose accreditation was suspended or revoked 

by an accrediting entity within the 12 months prior to application or who has been subject to the 

Department enforcement proceedings. 

(b) Specific. An accredited program shall not: 

(1) Fail to follow Department-approved curricular course content. 

(2) Fail to implement Department required course updates and changes. 

(3) Falsify the results of student performance. 

( 4) Misrepresent the contents of a training course to the Department or to students. 

(5) Fail to submit required information or notifications in a timely manner, comply with a 

compliance schedule, or take other action required by this Chapter. 

(6) Fail to maintain required records. 

(7) Falsify accreditation records, instructor qualifications, or other accreditation information. 

(8) Permit any person other than an approved instructor to act as a principal instructor or 

have the responsibility thereof, including but not limited to assessing students' hands-on skills 

or grading students' exams. 

(9) Permit guest speakers to instruct more than two (2) hours for every eight (8) hours of 

class instruction. 

252:110-9-7. Renewal 

(a) Criteria for renewal. In addition to the requirements of252: 110-7-5, accreditation renewal 

shall be based on documented implementation of compliance updates and other program 

modifications, and satisfactory course and instructor evaluations. 

(b) Failure to renew. Any accreditation for which a renewal application has not been filed with 

the Department by 4:30p.m. on or before August 31 shall expire at 4:30p.m., August 31. 

252:110-9-8. Fees 

(a) Initial accreditation. Application shall be accompanied by fees established in the following 

schedule: 

(1) Per course. 

(A) Filing and review fee, $400.00 

(B) Accreditation fee, $50.00. 

(2) Per training program. 

(A) Training Manager Approval Fee, $100.00. 

9 
(B) Principal Instructor Approval Fee, $50.00. 

(3) Other State/Agency Training Program Recognition & Approval. In addition to "Per 

Course" and "Per Training Program" fees: 

(A) Equivalency Review Fee, $2000.00. 

(B) Recognition & Approval Fee (In place of Accreditation Fee), $250.00. 

(b) Renewal accreditation. Application shall be accompanied by fees established in the 

following schedule: 

(1) Per course. 

(A) Filing and review fee, $200.00. 

(B) Accreditation fee, $50.00. 

(2) Per training program. 

(A) Training Manager Approval Fee, $50.00. 

(B) Principal Instructor Approval Fee, $25.00. 

(3) Other State/Agency Training Program Recognition & Approval. In addition to "Per 

Course" and "Per Training Program" fees: 

(A) Equivalency Review Fee, $1000.00. 

(B) Recognition & Approval Fee (In place of Accreditation Fee), $125.00. 

( 4) Renewal late fee. $750.00. 

SUBCHAPTER 11. ADDITIONAL LBP CERTIFICATION REQUIREMENTS 

Section 

252:110-11-1. Certification requirements 

252:110-11-2. Affidavit 

252:110-11-3. Training requirements for initial certification 

252:110-11-4. Certification exam 

252:110-11-5. Certification offirms 

252:110-11-6. Renewal of certification 

252:110-11-7. Other state or agency certification 

252:110-11-8. Certification documentation and display 

252:110-11-9. Applicability and exemption 

252:110-11-10. LBP inspector certification fee schedule 

252:110-11-11. LBP risk assessor certification fee schedule 

252:110-11-12. LBP abatement worker fee schedule 

252:110-11-13. LBP project designer fee schedule 

252:110-11-14. LBP supervisor fee schedule 

252:110-11-15. LBP firm fee schedule 

252:110-11-16. Special service fees 

252:110-11-1. Certification requirements 

(a) Certifications available. Certification is available and required for all individuals and firms 

who perform or offer to perform LBP services in target housing and child-occupied facilities. 

(b) Failure to become certified. No person or firm shall advertise or otherwise present himself 

as a certified LBP contractor or perform or offer to perform LBP services in target housing and 

child-occupied facilities prior to becoming certified as such by the Department. 

(c) Certification for approved instructors. Department will not issue initial or renewal LBP 

certifications to applicants who submit LBP training certificates from those training courses that 

they have conducted as an instructor or participated in as a guest speaker. 

252:110-11-2. Affidavit 

An applicant for LBP Contractor certification shall by affidavit verify that: 

(1) any employee or subcontractor performing LBP services will have been certified by the 

Department prior to such performance; 

(2) the applicant and employees or subcontractors thereof will perform LBP services and 

10 
maintain records thereof in accordance with all applicable local, state and federal standards; 

and, 

(3) the applicant will or will not obtain and maintain the required level of insurance and 

bonding required by the terms of a LBP agreement or contract for a specific project. 

252:110-11-3. Training requirements for initial certification 

(a) Approved courses. For purposes of certification, any LBP training hours taken after the date 

that Department-accredited LBP training was offered, must be from approved courses conducted 

by a Department-accredited LBP training program unless the training is waived by the 

Department pursuant to 25 2: 11 0-11-7. 

(b) Prior training. Individuals seeking LBP inspector or risk assessor certification who received 

LBP training between October 1, 1990 and November 1, 1996 and individuals seeking LBP 

worker, supervisor or project designer certification who received LBP training between October 

1, 1990 and the date of availability of Department-accredited LBP training courses, must perform 

the following for their training to be considered: 

(1) Demonstrate that the applicant has successfully completed LBP training in the discipline 

for which certification is sought which meets the requirements of 252:110-5-1 (2); 

(2) Demonstrate that the applicant meets or exceeds education and experience requirements 

established in 252:11 0-5-1(3); 

(3) Submit an application as established in 110-5-1(3) and an affidavit established in 

252:11 0-11-2; 

( 4) Remit all applicable fees established in this Chapter; 

(5) Successfully complete a Department-accredited refresher training course for the 

discipline for which certification is sought; and 

( 6) Successfully pass the appropriate Department certification exam as established in 

252:110-11-4. 

252:110-11-4. Certification exam 

(a) Purpose. The certification exam is required of all initial applicants for LBP inspector, risk 

assessor, or supervisor certification. The certification exam is designed to test an applicant's 

skills and knowledge, as well as competency in interpreting and applying the rules for 

performance ofLBP services. 

(b) Registration. In his certification application, an applicant shall register for the date, time and 

type of the Department-administered LBP certification exam he intends to take. Unless 

specifically arranged otherwise by the Department on a group basis, an applicant must register 

for an exam to be held two (2) or more weeks after his date of filing the application. A missed 

examination shall be counted as a failed examination. 

(c) Scheduling. Dates, times and places ofDepartment-administered LBP certification exams 

shall be published in advance. The exam shall be offered by the Department at such 

frequencies, times and places as is determined by the Department. 

(d) Proof of identity. Applicants shall provide a valid driver's license or other photo 

identification card at the certification exam. 

(e) Confidentiality. Exams, answer sheets and test scores are confidential and shall not be 

subject to disclosure, except an individual may obtain his own test score. 

(f) Cheating. Any applicant found cheating on an exam shall be deemed to have failed the 

exam, shall have his application denied, and may not apply for certification for one (1) year. 

252:110-11-5. Certification of firms 

(a) Required. All firms which perform or offer to perform any LBP services shall be certified 

by the Department. 

(b) Affidavit. A firm seeking certification shall submit to the Department a letter attesting: 

(1) that the firm shall only employ appropriately certified employees to conduct LBP 

services; and 

(2) that the firm and its employees shall follow the work practice standards for conducting 

11 
LBP services as established in this Chapter. 

(c) Timelines for approval or denial. From the date of receiving the firm's certification 

application, the Department shall have 90 days to approve or disapprove the firms request for 

certification. Within that time, the Department shall respond with either a certificate of approval 

or a letter describing the reasons for a disapproval. 

(d) Records maintenance. The firm shall maintain all records pursuant to the requirements 

established in this Chapter. 

252:110-11-6. Renewal of certification 

(a) Renewal notice. As a service, the Department will mail certification renewal notices on or 

before January 15 of each year to persons and firms certified of record. 

(b) Renewal criteria. In addition to the requirements ofOAC 252:110-7-5, an applicant must 

show he/she has successfully completed eight (8) hours of required refresher training in the 

preceding 12 months from a Department-accredited training program. 

(c) Failure to renew. Any certification for which a renewal application has not been received 

by the Department by 4:30p.m., April 30 (or postmarked on or before that date) shall expire at 

4:30p.m., April 30. 

(d) Reactivation or reinstatement. Holders of expired certificates may submit an application 

for reactivation or reinstatement of the certification within one year of the March 31 expiration 

date if the applicant meets the education, experience and other requirements of this Chapter. 

Fees for the reactivation or reinstatement of certification shall be the same as initial certification 

fees. 

252:110-11-7. Other state or agency certification 

(a) Application filing. Any person or firm who holds a current and valid certification issued by 

another state or certifYing agency may file an application for initial Oklahoma certification with 

the Department. A waiver of initial certification training requirements, except for the 

Department-accredited refresher training course, may be requested. 

(b) Application. In addition to the requirements of 252:110-7-4, an application shall provide 

documentation of the certification and of completed training and other services required by the 

certifying state or agency, copies of the certifying state's or agency's certification requirements, 

and the name, address and telephone number of an individual responsible for the other 

certification program. 

(c) Determination. The Department, on a case by case basis, shall determine whether the 

certification is at least as stringent as Oklahoma's and whether any of the training requirements of 

this Chapter can be waived. 

252:110-11-8. Certification documentation and display 

Upon initial authorization, a wall certificate will be issued to the holder. Those holding 

certificates shall display the wall certificate in their Oklahoma offices. Upon initial certification 

to individuals, the Department will issue a wallet-size photo card for the holder to carry as proof 

of current certification. 

252:110-11-9. Applicability and exemption 

The following fee schedules shall apply to applicants for LBP certification, except employees 

of the state or a political subdivision thereofwho are exempt under the provisions of27A O.S. § 

2-12-201(D)(3). For applicants requesting approval ofLBP certification from another state, an 

equivalency review fee of $500.00 per certification shall be assessed upon application in addition 

to the certification fees in this Chapter. 

252:110-11-10. LBP inspector certification fee schedule 

Fees for inspector certification are: 

(1) Initial Certification. Application filing and review fee,$ 200.00 

(2) Certification Renewal. Application filing and review fee, $100.00 

12 
252:110-11-11. LBP risk assessor certification fee schedule 

Fees for risk assessor certification are: 

(1) Initial Certification. Application filing and review fee,$ 300.00 

(2) Certification Renewal. Application filing and review fee, $150.00 

252:110-11-12. LBP abatement worker fee schedule 

Fees for abatement worker certification are: 

(1) Initial Certification. Application filing and review fee,$ 30.00 

(2) Certification Renewal. Application filing and review fee, $ 15.00 

252:110-11-13. LBP project designer fee schedule 

Fees for project designer certification are: 

(1) Initial Certification. Application filing and review fee,$ 500.00 

(2) Certification Renewal. Application filing and review fee, $ 250.00 

252:110-11-14. LBP supervisor fee schedule 

Fees for supervisor certification are: 

(1) Initial Certification. Application filing and review fee,$ 150.00 

(2) Certification Renewal. Application filing and review fee, $ 75.00 

252:110-11-15. LBP firm fee schedule 

Fees for firm certification are: 

(1) Initial Certification. Application filing and review fee,$ 50.00 

(2) Certification Renewal. Application filing and review fee, $ 50.00 

252:110-11-16. Special service fees 

(1) Certification exam. The fee shall be $50.00 per certification exam per individual. 

(2) Replacement card or certificate fee. Fees for the issuance of a replacement certification 

card or wall certificate is $50.00 each. 

(3) Reinstatement or reactivation of an expired certification. Fees for the reinstatement 

or reactivation of an expired certificate shall be the same as the initial discipline-specific 

certification fee. 

SUBCHAPTER 13. ADDITIONAL WORK PRACTICE STANDARDS 

Section 

252:110-13-1. Scope and applicability 

252:110-13-2. Conflict of interest prohibited 

252:110-13-3. Notice oflead-based paint projects [REVOKED] 

252:110-13-4. Activities report 

252:110-13-5. Testing methodologies 

252:110-13-6. Waste management, handling and disposal 

252:110-13-1. Scope and applicability 

252: 110-5-1( 4) and (5), and this Subchapter establish the minimum standards for the 

performance LBP services in target housing and child-occupied facilities by persons certified by 

the Department as a LBP contractor. 

252:110-13-2. Conflict of interest prohibited 

To confer reliability of clearance testing results, no individual inspector or risk assessor shall 

perform project clearance testing for any individual or any other person with whom he has any 

economic relationship or other relationship that might create a conflict of interest. 

252:110-13-3. Notice oflead-based paint projects [REVOKED] 

13 
252:110-13-4. Activities report 

A quarterly report of all LBP services performed in target housing and child-occupied 

facilities by certified persons must be submitted to the Department. These reports are due by the 

lOth day of January, April, July, and October on forms available from the Department. 

252:110-13-5. Testing methodologies 

(a) Quality control. Testing for the presence ofLBP shall be conducted by documented 

methodologies using quality control procedures. Procedures for sample collection, transfer, and 

testing shall be performed according to applicable HUD and EPA procedures and guidelines. 

(b) Types of detection/testing methods. Acceptable methodologies include, but are not limited 

to: 

(1) Laboratory analysis. Only laboratories recognized by the United States Environmental 

Protection Agency may conduct laboratory analyses on soil, dust and paint film required by 

this Chapter. Each sample must be accompanied by a chain of custody document. 

(2) X-ray fluorescence spectroscopy (XRF). XRF instruments may be used for on-site lead 

detection. If inconclusive or questionable results are obtained from XRF testing, testing of 

paint chip samples by a qualified laboratory shall be conducted. This paragraph shall not be 

construed as to relieve the user of any duty to comply with other applicable requirements, 

including but not limited to the licensing requirements ofOAC 252:410-19, X-ray 

Fluorescence Instruments Used for Lead-based Paint Detection. 

252:110-13-6. Waste management, handling and disposal 

All hazardous LBP waste resulting from LBP services shall be managed, handled and 

disposed in accordance with the requirements of the Code (including the Oklahoma Hazardous 

Waste Management Act), and rules promulgated thereunder, including incorporated sections of 

the Code of Federal Regulations. 

SUBCHAPTER 15. ADDITIONAL RENOVATION, REPAIR, 

AND PAINTING (RRP) REQUIREMENTS 

Section 

252:110-15-1. Definitions 

252:110-15-2. Scope 

252:110-15-3. Accreditation of training programs 

25 2: 11 0-15-4. Renovator certification requirements 

252:110-15-5. Certification of firms conducting renovation services 

252:110-15-6. Fees 

252:110-15-1. Definitions 

In addition to the definitions contained in OAC 252: 110-15-2(10) and the Oklahoma Lead-based 

Paint Management Act, 27A O.S., § 2-12-101 et seq., the following words and terms, when used in 

this Chapter shall have the following meaning, unless otherwise indicated. 

"Child-occupied facility" means a building, or portion of a building, constructed prior to 1978, 

visited regularly by the same child, 6 years of age or under, on at least two different days within any 

week (Sunday through Saturday period), provided that each day's visit lasts at least 3 hours and the 

combined weekly visit lasts at least 6 hours, and the combined annual visits last at least 60 hours. 

Child-occupied facilities may include, but are not limited to, day-care centers, preschools, and 

kindergarten classrooms. Child-occupied facilities may be located in target housing or in public or 

commercial buildings. With respect to common areas in public or commercial buildings that contain 

child-occupied facilities, the child-occupied facility encompasses only those common areas that are 

routinely used by children under age 6, such as restrooms and cafeterias. Common areas that children 

under age 6 only pass through, such as hallways, stairways, and garages are not included. In addition, 

with respect to exteriors of public or commercial buildings that contain child-occupied facilities, the 

child-occupied facility encompasses only the exterior sides of the building that are immediately 

14 
adjacent to the child-occupied facility or the common areas routinely used by children under age 6. 

"Minor repair and maintenance activities" are activities, including minor heating, ventilation 

or air conditioning work, electrical work, and plumbing, that disrupt 6 square feet or less of painted 

surface per room for interior activities or 20 square feet or less of painted surface for exterior 

activities where none ofthe work practices prohibited or restricted by 40 CFR § 7 45 .85( a )(3) are used 

and where the work does not involve window replacement or demolition of painted surface areas. 

When removing painted components, or portions of painted components, the entire surface area 

removed is the amount of painted surface disturbed. Jobs, other than emergency renovations, 

performed in the same room within the same 30 days must be considered the same job for the 

purpose of determining whether the job is a minor repair and maintenance activity. 

"RRP" means Renovation, Repair and Painting. 

"Renovation" means the modification of any existing structure, or portion thereof, that results 

in the disturbance of painted surfaces, unless that activity is performed as part of an abatement as 

defined by 40 CFR § 745.223. The term renovation includes (but is not limited to): the removal, 

modification or repair of painted surfaces or painted components (e.g., modification of painted doors, 

surface restoration, window repair, surface preparation activity (such as sanding, scraping, or other 

such activities that may generate paint dust)); the removal of building components (e.g., walls, 

ceilings, plumbing, windows); weatherization projects (e.g., cutting holes in painted surfaces to 

install blown-in insulation or to gain access to attics, planing thresholds to install weather-stripping); 

and interim controls that disturb painted surfaces. A renovation performed for the purpose of 

converting a building, or part of a building, into target housing or a child-occupied facility is a 

renovation under this subchapter. The term renovation does not include minor repair and 

maintenance activities. 

"Renovation Firm" means a company, partnership, corporation, sole proprietorship or 

individual doing business, association, or other business entity; a federal, State, Tribal, or local 

government agency; or a nonprofit organization that performs renovations. 

"Renovator" means an individual who either performs or directs workers who perform 

renovations. A certified renovator is a renovator who has successfully completed a renovator course 

accredited by the Department. 

252:110-15-2. Scope 

(a) Accreditations and Certifications. OAC252:110-5-1(15), (16), and(17), and OAC 252:110-15-

3 through -6 establish requirements for the accreditation of training programs, and certification of 

individual renovators and renovation firms. 

(b) Standards. OAC 252:110-5-1(11), (12), and (13) set minimum standards for the performance 

of re~ovation services. Certified renovators shall follow these standards when performing renovation 

services. 

252:110-15-3. Accreditation of training programs 

(a) Application. An application for approval and recognition shall be made in the same form and 

manner as an application for accreditation as provided by OAC 252:110, Subchapter 9 with the 

exception of RRP accreditation fees listed in OAC 252:110-15-6(c). 

(b) Providers accredited by EPA. Upon EPA delegation approval, a provider accredited by EPA 

must present credentials to the Department and receive recognition and approval by the Department 

as an accredited renovation training provider prior to offering or conducting a renovation training 

course in Oklahoma. Once their current accreditation has expired, training providers must apply for 

initial accreditation by the Department as provided in OAC 252: 110-15-3(a). 

(c) Fees. Nonrefundable fees are payable at the time an application or other notice associated with 

a fee is filed with the Department. Training programs previously accredited by EPA will be allowed 

an initial fee waiver by the Department until expiration of their current accreditation. 

d) Frequency of renewal. Training program accreditation must be renewed one (1) year from the 

date of issuance and every year thereafter. 

252:110-15-4. Renovator certification requirements 

15 
(a) Certifications. Certification is required for all individuals who perform or offer to perform 

renovation services in target housing and child-occupied facilities. Certification is obtained through 

the Department accredited training provider. 

(b) Other state or EPA individual certification. Any individual renovator who holds a current and 

valid certification issued by EPA or another state must obtain certification from the Department upon 

expiration of their current certification. Renovators who have not previously been certified must be 

certified by the Department accredited training course within six ( 6) months of EPA delegation 

approval. 

(c) Certification documentation. Upon initial authorization, a course completion certificate will 

be issued to the holder by the accredited training facility. Those holding certificates shall carry the 

certificates as proof of current certification. 

(d) Frequency of renewal. Renovator certification must be renewed five ( 5) years from the date of 

issuance, and every five (5) years thereafter. Certifications not renewed within 30 days will be 

considered expired. 

(e) Failure to become certified. No person shall advertise or otherwise present themselves as a 

certified renovator or perform or offer to perform renovation services in target housing and childoccupied facilities prior to becoming certified as such by the Department. 

(f) Waiting period for reapplication after certification has been revoked. A renovator whose 

certification has been revoked must wait one (1) year from the date of revocation to make 

reapplication for certification. 

252:110-15-5. Certification of firms conducting renovation services 

(a) Firm certifications. Upon EPA delegation approval, firm certification is required for any 

company, partnership, corporation, sole proprietorship or individual doing business, association, or 

other business entity; federal, State, Tribal, or local government agency; or nonprofit organization 

that offers to perform renovation services. 

(b) Other state or EPA firm certification. Any renovation firm that holds a current and valid 

certification issued by EPA or another state must obtain certification from the Department within 

six ( 6) months of EPA delegation approval. 

(c) Applications. Applications for firm certification are available from the Department upon request 

and will be accepted in approved formats. 

(d) Fees. Nonrefundable fees are payable at the time an application or other notice associated with 

a fee is filed with the Department. Firms previously certified by EPA will be allowed an initial fee 

waiver by the Department until expiration of their current certification. 

(e) Certification documentation. Upon firm application approval, a firm certificate will be issued 

by the Department. 

(f) Records maintenance. The firm shall maintain all records pursuant to the requirements 

established in this Chapter. 

(g) Frequency of renewal. Firm certification must be renewed five (5) years from the date of 

issuance, and every five (5) years thereafter. Certifications not renewed within 30 days will be 

considered expired. 

(h) Failure to certify a firm. No firm shall advertise or otherwise present itself as a certified 

renovation firm or perform or offer to perform renovation services in target housing and childoccupied facilities prior to becoming certified as such by the Department. 

(i) Waiting period for reapplication after certification has been revoked. A firm whose 

certification has been revoked must wait one (1) year from the date of revocation to make 

reapplication for certification. 

252:110-15-6. Fees 

(a) Applicability. The following fee schedules shall apply to applicants for renovation firm 

certification and accreditation. 

(b) Renovation firm certification. 

(1) Exemption. Employees of the state or a political subdivision thereof are exempt from 

renovation firm fees under the provisions of27A O.S. § 2-12-201(D)(3). 

16 
(2) Initial Renovation Firm Certification. The fee for initial application filing and review shall 

be $300. 

(3) Renewal Renovation Firm Certification. The fee for renewal application filing and review 

shall be $300, every 5 years upon renewal. 

(c) Accreditation fees 

(1) Initial accreditation. Facilities that have not been previously accredited shall submit an 

application pursuant to OAC 252:110, Subchapter 9, accompanied by fees established in the 

following schedule: 

(A) Initial Renovator Course, $140 

(B) Initial Dust Sampling Technician Course, $140 

(C) Refresher Renovator Course, $1 00 

(D) Refresher Dust Sampling Technician Course, $100 

(2) Re-accreditation. Facilities shall annually submit an application pursuant to OAC 252:110, 

Subchapter 9, and shall include the following fees: 

(A) Initial Renovator Course, $85 

(B) Initial Dust Sampling Technician Course, $85 

(C) Refresher Renovator Course, $77.50 

(D) Refresher Dust Sampling Technician Course, $77.50 

17