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 byReference

........................................... 252: 110-5-1 7. General Requirements ofAuthorizations

................................. 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 ofother laws 252:110-1-6. Severability 252:110-1-7. Reference to 40 CFR

252:110-1-1. Purpose Therulesinthis Chapterimplementthe OklahomaLead-basedPaintManagementAct, 27A 

### 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 oflead-based paint services trainingprograms, procedures andrequirements for the certificationofindividual 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 ofthis Chapter unless the context clearly indicates otherwise. Any technical term not defined in the Oklahoma Environmental Quality Code, the OklahomaLead-based Paint Management Act or bythis Chapter shall be defined byits generally accepted scientific meaning or its standard dictionary meaning.

252:110-1-5. Consideration ofother laws Compliancewiththerequirements oftheOklahomaEnvironmental QualityCode, 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 ofthis Chapter are severable, and ifany part or provision hereofshall be held void, the decision ofthe court so holding shall not affect or impair any ofthe remaining parts or provisions ofthis Chapter.

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

SUBCHAPTER 3. DEFINITIONS

Section 252:110-3-1. Definitions 252:110-3-2. Terminologyrelated to 40 CFR

252:110-3-1. Definitions

2In addition to the definitions contained in OAC 252: 110-5-1(1) and the Oklahoma Lead-based PaintManagementAct, 27A O.S., Sec. 2-12-101 etseq., the following words and terms, whenused 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 etseq., and subsequent amendments. "Authorization" means a certification, accreditation or approval granted bythe Department. "Business day" means Monday through Friday with the exception ofState holidays. "Exam" means a third party test, administered by the Department when required for LBP certification. "Hazard evaluator" [See "Lead-basedPainthazardevaluator", 27A O.S. § 2-12-102(17).] For the purposes ofthis chapter, the term "hazard evaluator" is synonymous with the term "risk assessor." "HUDprocedures" means theHousing andUrbanDevelopment's Guidelines for theEvaluation and Control of Lead-basedPaintHazards 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 ofa LBP training course. "LBP" means Lead-based Paint. "LBP Contractor" means anindividual orfirm certifiedbythe Departmentas aninspector,risk

assessor, abatement worker, project designer, supervisor, or firm. "OAC" means the OklahomaAdministrative Code. "Quality assurance plan" means a written description ofquality assurance activities that will

ensure the generation ofdata that are scientifically valid, defensible and ofknown and acceptable limits ofprecision 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 ofcertain substances, including lead.

252:110-3-2. Terminology related to 40 CFR For purposes ofinterfacing 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 byreference

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 byreference in their entirety: (1) Section 745.223. Definitions, except the definitions of "Interim certification", "Business day" and "Training provider". (2) Section 745.225. Accreditation oftraining 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 745 .225(c)( 14)(iii) which refers to course notification means ofsubmittal. (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 offirms. (4) Section 745.227. Work practice standards for conducting lead-basedpaint activities: target housing and child-occupied facilities, except: (A) Section 745.227(a)(1) which refers to performance dates. (B) Section7 45.227(e)(4)(vii)whichrefers to abatementnotificationmeansofsubmittal. (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 252: 11

### 0-7-7. Issuance, denial, revocation or suspension 252:110-7-8. Conditions ofauthorization

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 inthe disciplines ofinspector, risk assessor, abatementworker, 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

4the standards ofSubchapter 13.

252:110-7-2. Applicable dates (a) Effective date ofthis 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 ofissuance through the following March 31. (2) Annual certificate renewal year. April 1 through March 31. (3) Date on and afterwhich persons and firms mustbe certified prior to performing LBP services. November 1, 1996. (4) Annual periodwhen regular renewal applications can be filed. January 15 until March 31. (5) Annualperiodwhenlaterenewalapplicationswillbeaccepted(withoutpaymentoflate fee). April 1 until April 30. (6) Waitingperiodfor reapplication aftercertification hasbeenrevoked. One (1)yearfrom date ofrevocation. (c) Accreditation timelines. The following sets forth the applicable dates for accreditation: (1) Initial accreditation period. Date ofissuance 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 oflate fee). August 1 until August 31.

252:110-7-3. Compliance (a) Dutyto comply. Accredited training programs and certified firms or individuals shall comply with the requirements ofthe Act, the OklahomaEnvironmental Quality Code, 27A O.S. § 2-1-101

etseq., rules promulgatedbythe Boardincluding this Chapter, the conditions ofDepartment-issued LBP authorizations, and final orders. (b) Failureto comply. Failureto complywith any such law, rule, authorization or ordermayresult in administrative enforcement and penalties, denial of applications, suspension or revocation of authorization, prosecution and/or anyotheravailableremedyin accordancewithPart 5 ofArticle III and Part 3 ofArticle XII ofthe Code. (c) Compliance and enforcement inspections. For purposes of determining and facilitating compliance with the requirements ofthe Act and this Chapter, any authorizedrepresentative ofthe 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 othernotice associatedwith

a fee is filed with the Department. (b) Forms. Formsforthe applications,reports andnoticesrequiredbythis Chaptermaybe available from the Department upon request. (c) Applicant signature and verification. An application shall be signed by the applicant and containaverification statingthatthe applicationwaspreparedunderhis directionorsupervisionand the information it contains is, to the best ofhis knowledge and belief, true, accurate and complete. (d) Withdrawal. An applicant maywithdraw an application at any time with written notice to the Department and forfeiture offees.

252:110-7-5. Application for authorization renewal (a) Application. Inadditionto therequirements ofSubchapters 9 and 11, an applicationforrenewal of an authorization shall include documentation that the applicant has met the applicable annual renewal criteria established bythis 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,

5payment ofmonies 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. Anauthorizedholderis responsible for renewal orreactivation ofhis own authorization regardless ofnotification.

252:110-7-6. Application review (a) Review procedure. The Department shall review an application for completeness, shall give written notice to the applicant ofdeficiencies and shall specify a date the necessary information is due. (b) Automatic termination. If, within six months ofthe Departmentnotice, the applicant fails to provide the information, the entire application shall become void unless a time extension has been granted bythe 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 andhave satisfactorilydemonstrated substantial compliance as outlinedinthis 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 ofthe Act or this Chapter; (2) Is not in substantial compliance with the terms and conditions ofhis expiring authorization

or any final Department order issued to himunless 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 notreinstated within one (1) year preceding the date ofapplication; (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 ofauthorization (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 ofthis Chapter, the following conditions shall apply to all authorizations. (1) Effect ofauthorization. An authorization does not convey any propertyrights ofany sort

or any exclusive privilege, nor does it constitute authorization for any invasion ofotherprivate 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 ofany LBP activity or service performed bythe holder. (2) Practices andprocedures. AllLBP operationalpractices andproceduresusedbytheholder 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 safetyresulting from work performed pursuant to the authorization. (4) Consent to conditions. Beginning LBP services under an authorization means the holder
consents to all ofits conditions. (5) Transferability. Anauthorizationcannotbetransferredto anotherperson, trainingprogram

or firm. (6) Severability. The provisions ofan authorization are severable, and ifany part or use ofa

6part is held invalid by a court oflaw, the remaining parts and uses shall remain valid. (c) 

### Amendment and modification. The Department may amend or modify or require the amendment ormodification ofa LBP authorization for cause orthe holdermayrequest 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 intheholder'smailing address ortelephone ortelefax numbers and ofany other change when required bythis 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 ofthe 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) 

### Dutyto provideinformation. Aholdershall furnish to the Department,withinatime specified,
any information from required records which the Department mayrequest 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 bythe Department is not available to training programs that are only offering one or more LBP training

courses on a one-time-onlybasis or for a period ofless than 12 months. Training programs shall
not receive accreditation for a refresher course ifthey do not also receive accreditation for the discipline-specific initial training course. (c) 

### Claims ofaccreditation 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 ofOAC 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 bythe Department as a Department-accredited LBP program. (b) 

### Application. An application for approval and recognition shall be made in the same form

7and manner as an application for accreditation. (c) On-site evaluation. For on-site evaluations ofother state/agency accredited programs, the
program shall pay an equivalencyreview fee as shown in 252:110-9-8 plus reimbursement to the Department for any actual costs incurred bythe Department for travel to the program location and per day costs incurred bythe evaluator(s) for evaluation-related vicinity transportation, lodging and meals.

252:110-9-3. Records and notices (a) Notice ofsignificant changed conditions. An accredited program shall give written notice
to the Department ofany prospective or current course or program changes which may adversely affect any Department-administered exam. (b) Notice ofaccreditation status. The Department mayrequire a training program to give written notice to its present or prospective students ofthe suspension or revocation ofany 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 ofthe

new personnel. Ifthe Department does not deny the request within two (2) weeks ofreceipt, the request shall be deemed approved. A program shall also give the Department written notice of the name ofany instructor no longer teaching in the program, and the title ofthe affected course(s), within two (2) weeks ofthe change.

252:110-9-4. Applications In addition to the requirements ofOAC 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 ofany owner, stockholder, officer or training manager ofthe 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 bythe Department for a significant violation or violations ofthe Code or rules promulgated by the Board. (B) A copy ofan EPA or state approval letter for each course previously approved bythe EPA or another state. (C) Documentation ofaccreditation as a LBP training program issued by another state or entity. (2) Course information. (A) A copy ofall course materials, including handouts. (B) Details ofthe hands-on skills assessment. (C) Minimum competency and proficiencyrequirements. (D) Ifa training program does not use EPA-developed model training materials, its application for accreditation shall include: (i) A copy ofthe student and instructor manuals to be used for each course; and, (ii) A copy ofthe course agenda for each course, including the time allotted to each curriculum element. (3) Program information. (A) Copies or samples ofadvertising 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 ofclass participation. (C) A copy ofproposed course completion certificate. (4) Instructor information. (A) A completed instructor application for each instructor associated with the training
program, including identification ofall 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 oftime or circumstances do not allow final approval ofa course, the Department may grant a provisional approval that is: (1) Based on the Department's determination that the information, materials and qualifications ofthe training manager and instructors provided in the application appear to meet the requirements ofthis Chapter; (2) Contingent upon the applicant program giving notice ofthe date(s) on which the course is to commence; and (3) Conditioned on at least one Department on-site evaluation ofthe course, instructor(s) and
program management. (4) A provisional approval shall be valid for no more than 12 months unless extended bythe 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 ofOAC 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 ofstudent performance. (4) Misrepresent the contents ofa 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 bythis 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 ofcompliance 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 by4:30p.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 byfees 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 ofAccreditation 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 ofAccreditation 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 ofcertification 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 thereofwill perform LBP services and

10maintain records thereofin accordance with all applicable local, state and federal standards; and, (3) the applicant will or will not obtain and maintain the required level ofinsurance and bonding required bythe terms ofa LBP agreement or contract for a specific project.

252:110-11-3. Training requirements for initial certification (a) Approved courses. For purposes ofcertification, 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 bythe Department pursuant to 252: 110-11-7. (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 ofavailability ofDepartment-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 of252:110-5-1(2); (2) Demonstrate that the applicant meets or exceeds education and experience requirements established in 252:110-5-1(3); (3) Submit an application as established in 110-5-1(3) and an affidavit established in 252:110-11-2; (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) Successfullypass 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 ofall 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 ofthe Department-administered LBP certification exam he intends to take. Unless specifically arranged otherwise bythe Department on a group basis, an applicant must register for an exam to be held two (2) or more weeks after his date offiling 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 bythe Department at such frequencies, times and places as is determined bythe Department. (d) Proofofidentity. 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 maynot apply for certification for one (1) year.

252:110-11-5. Certification offirms (a) Required. All firms which perform or offer to perform any LBP services shall be certified bythe 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

11LBP services as established in this Chapter. (c) Timelines for approval or denial. From the date ofreceiving 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 ofapproval

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 ofcertification (a) Renewal notice. As a service, the Department will mail certification renewal notices on or before January 15 ofeach year to persons and firms certified ofrecord. (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 ofrequired 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 beenreceived bythe Department by4:30p.m., April 30 (or postmarked on orbefore that date) shall expire at 4:30p.m., April 30. (d) Reactivation or reinstatement. Holders ofexpired certificates may submit an application for reactivation orreinstatement ofthe certification within one year ofthe March 31 expiration date ifthe applicant meets the education, experience and other requirements ofthis Chapter. Fees for the reactivation orreinstatement ofcertification shall be the same as initial certification fees.

252:110-11-7. Other state or agency certification (a) Application filing. Anyperson 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 ofinitial certification training requirements, except for the Department-accreditedrefresher training course, maybe requested. (b) Application. In addition to the requirements of252:110-7-4, an application shall provide documentation ofthe certification and ofcompleted training and other services required bythe certifying state or agency, copies ofthe certifying state's or agency's certification requirements, and the name, address and telephone number ofan 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 ofthe 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 ofcurrent certification.

252:110-11-9. Applicability and exemption The following fee schedules shall apply to applicants for LBP certification, except employees ofthe 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 equivalencyreview 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 ofa replacement certification card or wall certificate is $50.00 each. (3) Reinstatement or reactivation of an expired certification. Fees for the reinstatement

or reactivation ofan 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 ofinterest prohibited 252:110-13-3. Notice oflead-basedpaint 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 bypersons certified by the Department as a LBP contractor.

252:110-13-2. Conflict ofinterest prohibited To confer reliability ofclearance 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 ofinterest.

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

13252:110-13-4. Activities report A quarterlyreport ofall LBP services performed in target housing and child-occupied facilities by certified persons mustbe submitted to the Department. These reports are due bythe lOth day ofJanuary, 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 ofdetection/testing methods. Acceptable methodologies include, but are not limited
to: (1) Laboratory analysis. Only laboratories recognized bythe United States Environmental Protection Agencymay conduct laboratory analyses on soil, dust and paint film required by this Chapter. Each sample must be accompanied by a chain ofcustody document. (2) X-ray fluorescence spectroscopy (XRF). XRF instruments maybe used for on-site lead detection. Ifinconclusive 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 ofany 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 ofthe Code (including the Oklahoma Hazardous Waste Management Act), and rules promulgated thereunder, including incorporated sections of the Code ofFederal 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 oftraining programs 252: 110-15-4. Renovator certification requirements 252:110-15-5. Certification offirms conducting renovation services 252:110-15-6. Fees

252:110-15-1. Definitions Inadditionto the definitions containedinOAC252: 110-15-2(10)andthe OklahomaLead-based Paint ManagementAct, 27A O.S., § 2-12-101 etseq., the following words and terms, whenusedin this Chapter shall have the following meaning, unless otherwise indicated. "Child-occupiedfacility" means abuilding, orportion ofabuilding, constructedpriorto 1978, visitedregularlybythe same child, 6 years ofage orunder, on at leasttwo different days within any week (Sundaythrough Saturdayperiod), 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 maybe located in target housing or inpublic or commercialbuildings. Withrespectto commonareas inpublicorcommercialbuildingsthatcontain child-occupiedfacilities, the child-occupied facility encompasses onlythose common areas that are routinelyusedbychildrenunderage 6, suchasrestroomsandcafeterias. Commonareasthatchildren underage 6 onlypassthrough, such as hallways, stairways, andgarages arenotincluded. In addition, withrespectto exteriors ofpublic orcommercialbuildingsthatcontain child-occupiedfacilities, the child-occupied facility encompasses only the exterior sides ofthe building that are immediately

14adjacent to the child-occupied facility or the common areas routinelyused by childrenunder age 6. "Minorrepairandmaintenanceactivities" are activities, includingminorheating,ventilation

or air conditioning work, electrical work, andplumbing, that disrupt 6 square feet or less ofpainted surface per room for interior activities or 20 square feet or less ofpainted surface for exterior activitieswherenone oftheworkpracticesprohibitedorrestrictedby40 CFR § 745.85(a)(3) areused and where the work does not involve window replacement or demolition ofpainted surface areas. When removing painted components, or portions ofpainted 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 samejob for the
purpose ofdetermining whether thejob is a minorrepair and maintenance activity. "RRP" means Renovation, Repair and Painting. "Renovation" means the modification ofany existing structure, orportion thereof, thatresults in the disturbance ofpainted surfaces, unless that activity is performed as part ofan abatement as defined by 40 CFR § 745.223. The term renovation includes (but is not limited to): the removal, modificationorrepairof paintedsurfaces orpaintedcomponents (e.g., modificationof painteddoors, surface restoration, windowrepair, surfacepreparation activity (such as sanding, scraping, or other such activities that may generate paint dust)); the removal ofbuilding components (e.g., walls, ceilings, plumbing, windows); weatherization projects (e.g., cutting holes in painted surfaces to installblown-ininsulation orto gainaccess to attics,planingthresholdsto installweather-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 certifiedrenovatoris arenovatorwhohas successfullycompleted a renovator course accredited bythe Department.

252:110-15-2. Scope (a)Accreditationsand Certifications. OAC252:110-5-1(15), (16), and(17), andOAC252:110-15- 3 through -6 establish requirements for the accreditation oftraining 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. Certifiedrenovators shallfollowthese standardswhenperformingrenovation services.

252:110-15-3. Accreditation oftraining 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 byEPA
mustpresent credentials to the Departmentandreceiverecognition and approvalbythe Department

as an accredited renovation training providerprior to offering or conducting a renovation training

course in Oklahoma. Once their current accreditationhas expired, training providersmust applyfor initial accreditation bythe 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 withthe Department. TrainingprogramspreviouslyaccreditedbyEPAwillbe allowed

an initial fee waiver bythe Department until expiration oftheir current accreditation. d) Frequency ofrenewal. Training program accreditation must be renewed one (1) year from the date ofissuance and everyyear thereafter.

252:110-15-4. Renovator certification requirements

15(a) Certifications. Certification is required for all individuals who perform or offer to perform renovation servicesintargethousing andchild-occupiedfacilities. Certificationis obtainedthrough the Department accredited training provider. (b) Other stateorEPAindividualcertification.Anyindividualrenovatorwho holds a current and validcertificationissuedbyEPAoranotherstatemustobtaincertificationfrom the Departmentupon expiration oftheir current certification. Renovators who have notpreviouslybeencertified mustbe certified by the Department accredited training course within six (6) months ofEPA delegation approval. (c) Certification documentation. Upon initial authorization, a course completion certificate will be issued to the holderbythe accredited training facility. Those holding certificates shall carry the certificates as proofofcurrent certification. (d) Frequencyofrenewal. Renovator certificationmustberenewed 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 bythe 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 offirms conducting renovation services (a) Firm certifications. Upon EPA delegation approval, firm certification is required for any company, partnership, corporation, sole proprietorship orindividual doingbusiness, association, or other business entity; federal, State, Tribal, or local government agency; ornonprofit 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 ofEPA delegation approval. (c)Applications.Applications for firm certificationare availablefromthe Departmentuponrequest 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 byEPAwill be allowed an initial fee waiver bythe Department until expiration oftheir current certification. (e) Certification documentation. Upon firm application approval, a firm certificate will be issued bythe 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 bythe 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) InitialRenovation Firm Certification. The fee for initial applicationfiling andreview shall be $300. (3) Renewal Renovation Firm Certification. The fee for renewal application filing andreview 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, $100 (D) Refresher Dust Sampling Technician Course, $100 (2) Re-accreditation. Facilities shall annually submit an applicationpursuantto 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