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Chapter 365-230 WAC

ACCREDITATION OF LEAD-BASED PAINT TRAINING PROGRAMS AND THE 

CERTIFICATION OF FIRMS AND INDIVIDUALS CONDUCTING LEAD-BASED PAINT 

ACTIVITIES AND RENOVATION

AMENDATORY SECTION (Amending WSR 07-07-044, filed 3/13/07, 

effective 4/13/07)

WAC 365-230-010 Authority, purpose and scope. (1) The 

authority for these regulations is chapter 70.103 RCW.

(2) Purpose.

(a) These regulations address Washington's need for a qualified 

and properly trained work force to perform ((inspection, risk 

assessment and abatement of hazards associated with lead-based 

paint,)) lead-based paint activities, and lead-based paint 

renovation work, as defined in these rules, to safeguard the 

environment and protect human health, especially for children under 

six years of age and other high-risk groups from lead-based paint 

hazards.

(b) These regulations prescribe the accreditation requirements 

for training providers offering lead-based paint activities and 

lead-based paint renovation training courses to qualify individuals 

for lead-based paint certification and will require that all 
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lead-based paint training courses be offered or provided only by 

accredited training providers.

(c) These regulations prescribe the certification requirements 

of individuals and firms engaged in lead-based paint activities and 

renovation in target housing and child occupied facilities.

(d) These regulations establish work practice standards for the 

performance of lead-based paint abatement, inspection, risk 

assessment, ((and abatement activities for)) renovation, dust 

sampling by individuals and firms, and will require that only 

certified individuals and the certified firms employing such 

individuals perform these lead-based paint activities and lead-based 

paint renovations.

(3) Scope.

(a) These rules apply to all individuals and firms that are 

engaged in lead-based paint activities and lead-based paint 

renovation as defined in these regulations, (WAC 365-230-200 and 

365-230-330) except persons who perform these activities 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 activities are being performed, or a 

child residing in the building has been identified as having an 

elevated blood lead level.

(b) These rules establish the requirement that lead-based paint 

activities and renovation be performed only by certified individuals 

and the certified firms employing such individuals.

(c) These rules prescribe the requirements for, and the manner 

of, certifying competency of applicants for certification of 
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lead-based paint inspector, risk assessor, renovator, dust sampling 

technician, supervisor, project designer, and abatement worker, and 

of legally registered firms employing such individuals.

(d) These rules prescribe work practice standards for ((the)) 

lead-based paint abatement and renovation, and for the performance

of lead-based paint ((hazards and for the performance of lead-based 

paint)) inspection ((and)), risk assessment, renovation, dust 

sampling, and those actions or circumstances that constitute failure 

to achieve or maintain competency, or that otherwise are contrary 

to the public interest, for which the department may deny, suspend, 

revoke, or modify certification.

(e) These rules establish application fees for certification 

and accreditation.

(f) These rules establish a procedure by which training 

providers may apply for and obtain accreditation to offer initial 

and refresher lead-based paint ((activity)) courses in any of the 

following disciplines: Inspector, risk assessor, renovator, dust 

sampling technician, supervisor, project designer, and abatement 

worker.

(g) These rules prescribe the requirements for training 

programs to provide, offer, or claim to provide accredited lead-based 

paint activities and renovation courses.

(h) These rules prescribe those actions or circumstances that 

constitute failure to achieve or maintain competency, or that 

otherwise are contrary to the public interest, for which the 

department may deny, suspend, revoke or modify accreditation.

(i) These rules describe the actions or failures to act that 
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constitute violations of these rules and for which the department 

may issue fines.

(j) These rules establish a schedule of penalties for failure 

to comply with these rules.

[Statutory Authority: Chapter 70.103 RCW. 07-07-044, § 

365-230-010, filed 3/13/07, effective 4/13/07. Statutory 

Authority: RCW 70.103.0030(2) [70.103.030(2)], 70.103.020, 

70.103.030, 70.103.040, 70.103.050, 70.103.060, 70.103.070, 

70.103.080, 70.103.090. 04-10-037, § 365-230-010, filed 4/29/04, 

effective 5/30/04.]

365-230-015

Adoption by reference.

 All standards, listings and publications referred to in these rules are by those references made a part of these 

rules as though fully set forth.

[Statutory Authority: RCW 70.103.0030(2) [70.103.030(2)],70.103.020 , 70.103.030, 70.103.040, 70.103.050, 70.103.060,70.103.070 , 

70.103.080, 70.103.090. 04-10-037, § 365-230-015, filed 4/29/04, effective 5/30/04.]

AMENDATORY SECTION (Amending WSR 07-07-044, filed 3/13/07, 

effective 4/13/07)

WAC 365-230-016 Contact information for accreditation and 

certification matters. Application materials and information 

concerning lead-based paint accreditation and certification as 

described in these rules can be obtained from the lead-based paint 

program via the following contact information:
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(1) Mailing address: Lead-Based Paint Program, P.O. Box 42525, 

Olympia, WA 98504-2525

(2) Telephone number: 360-586-LEAD (5323)

(3) ((Fax number: 360-586-5880

(4))) Web site: ((www.cted.wa.gov/lead)) 

www.commerce.wa.gov/lead.

[Statutory Authority: Chapter 70.103 RCW. 07-07-044, §

365-230-016, filed 3/13/07, effective 4/13/07. Statutory 

Authority: RCW 70.103.0030(2) [70.103.030(2)], 70.103.020, 

70.103.030, 70.103.040, 70.103.050, 70.103.060, 70.103.070, 

70.103.080, 70.103.090. 04-10-037, § 365-230-016, filed 4/29/04, 

effective 5/30/04.]

AMENDATORY SECTION (Amending WSR 07-07-044, filed 3/13/07, 

effective 4/13/07)

WAC 365-230-020 Definitions. As used in these rules unless 

otherwise required by context:

(1) "Abatement" means any measure or set of measures designed 

to permanently eliminate lead-based paint hazards including, but not 

limited to:

(a) The removal of paint and dust, the permanent enclosure or 

the encapsulation of lead-based paint with an EPA-approved 

encapsulant, the replacement of painted surfaces or fixtures, or the 

removal or covering of soil, when lead-based paint hazards are 
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present in such paint, dust or soil; and

(b) All preparation, cleanup, disposal, and postabatement 

clearance testing activities associated with such measures.

Specifically, abatement includes, but is not limited to:

(i) Projects for which there is a written contract or other 

documentation, which provides that an individual or firm will be 

conducting activities in or to a residential dwelling or 

child-occupied facility that results in permanent elimination of 

lead-based paint hazards or designed to permanently eliminate 

lead-based paint hazards and described in (a) and (b) of this 

subsection.

(ii) Projects resulting in the permanent elimination of 

lead-based paint hazards, conducted by certified and licensed firms 

or individuals, unless such projects are covered under (c) of this 

subsection.

(iii) Projects resulting in the permanent elimination of 

lead-based paint hazards, conducted by firms or individuals who, 

through ((the)) their company name or promotional literature, 

represent, advertise, or hold themselves out to be in the business 

of performing lead-based paint activities, unless such projects are 

covered under (c) of this subsection.

(iv) Projects resulting in the permanent elimination of 

lead-based paint hazards, that are conducted in response to state 

or local abatement orders.

(c) Abatement does not include renovation, remodeling, 

landscaping or other activities, when such activities are not 

designed to permanently eliminate lead-based paint hazards, but, 
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instead, are designed to repair, restore, or remodel a given 

structure or dwelling, even though these activities may incidentally 

result in a reduction or elimination of lead-based paint hazards. 

Furthermore, abatement does not include interim controls, operations 

and maintenance activities, or other measures and activities 

designed to temporarily, but not permanently, reduce lead-based 

paint hazards.

(2) "Accreditation" means the process whereby the department 

has reviewed and approved a training provider's written application 

with associated materials for accreditation, and has conducted an 

on-site audit finding the training program is in compliance as 

specified in these rules.

(3) "Accredited training program" means a training program 

accredited by the department, either directly or through a 

reciprocity agreement with other jurisdictions, to provide training 

for individuals engaged in lead-based paint activities, renovation, 

or dust sampling.

(4) "Accredited training course" means either an initial or a 

refresher training course accredited by the department, either 

directly or through a reciprocity agreement with other 

jurisdictions, that provides training for individuals engaged in 

lead-based paint activities and renovation.

(5) "Accredited training provider" means an individual, 

corporation, partnership or other unincorporated association or 

public entity to which the department has approved accreditation to 

offer one or more lead-based paint courses.

(6) "Approved" means approved in writing by the department.
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(7) "Arithmetic mean" means the algebraic sum of data values 

divided by the number of data values (e.g., the sum of the 

concentration of lead in several soil samples divided by the number 

of samples).

(8) "Business day" means Monday through Friday with the 

exception of legal Washington state holidays.

(9) "Certified" means issued a certificate by the department 

based on meeting requirements for the appropriate discipline. Those 

requirements include, but are not limited to, the following:

(a) Successful completion of a training program accredited by 

the department; and

(b) Receiving a passing score on a certification examination 

administered by the department, or by the training firm in the 

certification of lead-based paint workers, renovators, and dust 

sampling technicians; and

(c) Satisfaction of any other requirements for the appropriate 

discipline; and

(d) Submittal and approval of the appropriate application by 

the department for inspection, risk assessment or abatement 

activities in target housing and child-occupied facilities; and

(e) Submittal and approval of the appropriate renovator or dust 

sampling technician application by the department.

Note: Guidance policy is written to grandfather in all Washington state residents previously certified by EPA as renovators, 

dust sampling technicians, or Washington renovation firms into the department. Out-of-state residents are required 

to submit appropriate renovator, dust sampling technician, or renovation firm application and fee to the department.

(10) "Certified firm" means a company, partnership, 

corporation, sole proprietorship, association, or other business 
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entity that performs lead-based paint activities to which the 

department has issued a certificate under these rules.

(11) "Child-occupied facility" means a building, or a portion 

of a building, constructed prior to 1978, visited regularly by the 

same child, under the age of six, on at least two different days within 

any week (Sunday through Saturday period), provided that each day's 

visit lasts at least three hours and the combined weekly visit lasts 

at least six hours, and the combined annual visits last at least sixty 

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 six, such 

as restrooms and cafeterias. Common areas that children under age 

six 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 adjacent to the child-occupied 

facility or the common areas routinely used by children under age 

six.

(12) "Clearance levels" are values that indicate the maximum 

amount of lead permitted in dust on a surface following completion 

of an abatement activity.

(13) "Clearance examination standards" means a maximum of 40 
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micrograms of lead in dust per square foot on floors, 250 micrograms 

of lead in dust per square foot on interior window sills, and 400 

micrograms of lead in dust on window troughs.

(14) "Common area" means a portion of a building that is 

generally accessible to all occupants that may include, but that is 

not limited to, hallways, stairways, laundry and recreational rooms, 

playgrounds, community centers, garages, and boundary fences.

(15) "Common area group" means a group of common areas that are 

similar in design, construction, and function. Common area groups 

include, but are not limited to, hallways, stairwells, and laundry 

rooms.

(16) "Component or building component" means specific design 

or structural elements or fixtures of a building, residential 

dwelling, or child-occupied facility that are distinguished from 

each other by form, function, and location. These include, but are 

not limited to, interior components such as: Ceilings, crown 

molding, walls, chair rails, doors, door trim, floors, fireplaces, 

radiators and other heating units, shelves, shelf supports, stair 

treads, stair risers, stair stringers, newel posts, railing caps, 

balustrades, windows and trim (including sashes, window heads, 

jambs, sills or stools and troughs), built in cabinets, columns, 

beams, bathroom vanities, counter tops, and air conditioners; and 

exterior components such as: Painted roofing, chimneys, flashing, 

gutters and downspouts, ceilings, soffits, fascias, rake boards, 

cornerboards, bulkheads, doors and door trim, fences, floors, 

joists, lattice work, railings and railing caps, siding, handrails, 

stair risers and treads, stair stringers, columns, balustrades, 
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window sills or stools and troughs, casings, sashes and wells, and 

air conditioners.

(17) "Concentration" means the relative content of a specific 

substance contained within a larger mass, such as the amount of lead 

(in micrograms per gram or parts per million by weight) in a sample 

of dust or soil.

(18) "Containment" means a process to protect workers and the 

environment by controlling exposures to the lead-contaminated dust 

and debris created during an abatement or renovation.

(19) "Course agenda" means an outline of the key topics to be 

covered during a training course, including the time allotted to 

teach each topic.

(20) "Course test" means an evaluation of the overall 

effectiveness of the training which shall test the trainees' 

knowledge and retention of the topics covered during the course.

(21) "Course completion date" means the final date of classroom 

instruction and/or student examination of an accredited lead-based

paint training course.

(22) "Course completion certificate" means documentation 

issued by an accredited training provider to an individual as proof 

of successful completion of a department-approved lead-based paint 

course or initial training course. All course completion 

certificates are valid for six months from the course completion 

date.

(23) "Course test blueprint" means written documentation 

identifying the proportion of course test questions devoted to each 

major topic in the course curriculum.
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(24) "Demonstration testing" means the observation and scoring 

of a student's job task and equipment use skills taught during an 

initial or refresher training course.

(25) "Department" means the ((Washington)) department of 

((community, trade, and economic development)) commerce.

(26) "Deteriorated paint" means any interior or exterior paint 

or other coating that is peeling, chipping, chalking or cracking, 

or any paint or coating located on an interior or exterior surface 

or fixture that is otherwise damaged or separated from the substrate.

(27) "Director" means the director of the ((Washington)) 

department of ((community, trade, and economic development)) 

commerce.

(28) "Discipline" means one of the specific types or categories 

of lead-based paint activities or renovation identified in these 

rules for which individuals may receive training from accredited 

programs and become certified by the department. For example, 

"abatement worker" is a discipline.

(29) "Distinct painting history" means the application history, 

as indicated by the visual appearance or a record of application, 

over time, of paint or other surface coatings to a component or room.

(30) "Documented methodologies" are the methods or protocols 

used to sample for the presence of lead in paint, dust, and soil.

(31) "Dripline" means the area within three feet surrounding 

the perimeter of a building.

(32) "Dust-lead hazard" means surface dust in a residential 

dwelling or child-occupied facility that contains a mass-per-area 

concentration of lead equal to or exceeding 40 μg/ft2 on floors or 
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250 μg/ft2 on interior window sills based on wipe samples.

(33) "Elevated blood lead level (EBL)" means an excessive 

absorption of lead that is a confirmed concentration of lead in whole 

blood of 20 μg/dl (micrograms of lead per deciliter of whole blood) 

for a single venous test or of 15-19 μg/dl in two consecutive tests 

taken three to four months apart.

(34) "Encapsulant" means ((a)) an EPA-approved substance that 

forms a barrier between lead-based paint and the environment using 

a liquid applied coating (with or without reinforcement materials) 

or an adhesively bonded covering material.

(35) "Encapsulation" means the application of an encapsulant.

(36) "Enclosure" means the use of rigid, durable construction 

materials that are mechanically fastened to the substrate in order 

to act as a barrier between lead-based paint and the environment.

(37) "EPA" means the Environmental Protection Agency.

(38) "Firm" means a sole proprietorship, corporation, 

association, firm, partnership, or joint stock company legally 

registered with the Washington department of licensing to conduct 

business in the state of Washington.

(39) "Friction surface" means an interior or exterior surface 

that is subject to abrasion or friction, including, but not limited 

to, certain window, floor, and stair surfaces.

(40) "Guest instructor" means an individual designated by the 

training program manager or principal instructor to provide 

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

practice components of a course.

(41) "Hands-on training" means training during which students 
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practice skills that they will be expected to perform at the worksite.

(42) "Hands-on skills assessment" means an evaluation which 

tests the trainees' ability to satisfactorily perform the work 

practices and procedures identified in WAC 365-230-200 or 

365-230-330 as well as any other skill taught in a training course.

(43) "Impact surface" means an interior or exterior surface that 

is subject to damage by repeated sudden force such as certain parts 

of door frames.

(44) "Initial training course" means a full, accredited 

lead-based paint training course required for certification. It is 

different than a refresher course.

(45) "Inspection" means a surface-by-surface investigation to 

determine the presence of lead-based paint and the provision of a 

report, in writing, explaining the results of the investigation.

(46) "Inspector" means an individual who is certified by the 

department to conduct in target housing and child-occupied 

facilities a surface-by-surface investigation to determine the 

presence of lead-based paint and the provision of a report, in 

writing; and conduct clearance procedures in accordance with WAC 

365-230-200. An inspector may also collect dust and soil samples 

((and)) to perform clearance testing. An inspector may cite the 

applicable standard for the medium being sampled, but may not 

evaluate the results or assess risk.

(47) "Interim controls" mean a set of measures designed to 

temporarily reduce human exposure or likely exposure to lead-based 

paint hazards, including specialized cleaning, repairs, 

maintenance, painting, temporary containment, ongoing monitoring of 
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lead-based paint hazards or potential hazards, and the establishment 

and operation of management and resident education programs.

(48) "Interior window sill" means the portion of the horizontal 

window ledge that protrudes into the interior of the room.

(49) "Lead-based paint" means paint or other surface coatings 

that contain lead equal to or in excess of 1.0 milligram per square 

centimeter, 5000 parts per million, or 0.5 percent by weight.

(50) "Lead-based paint activities" mean, in the case of target 

housing and child-occupied facilities, inspection, risk assessment, 

and abatement, as defined in these rules.

(51) "Lead-based paint activities courses" mean training 

courses (worker, supervisor, inspector, risk assessor, project 

designer) provided by accredited training providers.

(52) "Lead-based paint hazard" means hazardous lead-based 

paint, dust-lead hazard or soil-lead hazard as identified in these 

rules.

(53) "Lead-hazard screen" is a limited risk assessment activity 

that involves limited paint and dust sampling as described in WAC 

365-230-200.

(54) "Licensed" means a person who has been certified by the 

department in one or more disciplines.

(55) "Living area" means any area of a residential dwelling used 

by one or more children under the age of six, including, but not 

limited to, living rooms, kitchen areas, dens, play rooms, and 

children's bedrooms.

(56) "Loading" means the quantity of specific substance present 

per unit of surface area, such as the amount of lead in micrograms 
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contained in the dust collected from a certain surface area divided 

by the surface area in square feet or square meters.

(57) "Multifamily dwelling" means a structure that contains 

more than one separate residential dwelling unit, which is used or 

occupied, or intended to be used or occupied, in whole or in part, 

as the home or residence of one or more persons.

(58) "Multifamily housing" means a housing property consisting 

of more than four dwelling units.

(59) "Paint-lead hazard" means any of the following:

(a) Any lead-based paint on a friction surface that is subject 

to abrasion and where the lead dust levels on the nearest horizontal 

surface underneath the friction surface (e.g., the window sill, or 

floor) are equal to or greater than the dust-lead hazard levels 

identified in these rules.

(b) Any damaged or otherwise deteriorated lead-based paint on 

an impact surface that is caused by impact from a related building 

component (such as a door knob that knocks into a wall or a door that 

knocks against its door frame).

(c) Any chewable lead-based painted surface on which there is 

evidence of teeth marks.

(d) Any other deteriorated lead-based paint in any residential 

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

residential building or child-occupied facility.

(60) "Permanent" means having an expected design life of twenty 

years.

(61) "Person" means any natural or judicial person including 

any individual, corporation, partnership, or association; any Indian 
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tribe, state, or political subdepartment thereof; any interstate 

body; and any department, agency, or instrumentality of the federal 

government.

(62) "Play area" means an area of frequent soil contact by 

children of less than six years of age as indicated by, but not limited 

to, such factors including the following: The presence of play 

equipment (e.g., sandboxes, swing sets, and sliding boards), toys, 

or other children's possessions, observations of play patterns, or 

information provided by parents, residents, care givers, or property 

owners.

(63) "Preliminary clearance" means clearance of interior living 

areas according to which an inspector or risk assessor determines 

that residual lead levels (as determined by laboratory analysis) do 

not exceed clearance levels.

(64) "Principal instructor" means the individual who has the 

primary responsibility for organizing and teaching a particular 

course.

(65) "Proficiency test" means any alternative to a conventional 

written examination that is used to measure a trainee's mastery of 

course content. An oral examination offered to a trainee with a 

manual disability is an example of a proficiency test.

(66) "Project designer" means an individual who is certified 

by the department to interpret lead inspection or risk assessment 

reports and to develop plans, specifications, and project procedures 

for large lead abatement projects in target housing and 

child-occupied facilities, including occupant notification and 

protection, cleanup and clearance, and abatement reports.
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(67) "Refresher training course" means a minimum ((seven-hour 

training course ()) of eight training hours, or four training hours 

for project designer(())), renovator, or dust sampling technician

accredited by the department to update an individual's knowledge and 

skills in the discipline in which training is offered.

(68) "Renovator courses" means certified renovator or certified 

dust sampling technician courses accredited by the department.

(69) "Residential dwelling" means:

(a) A detached single-family dwelling unit, including attached 

structures such as porches and stoops; or

(b) A single-family dwelling unit in a structure that contains 

more than one separate residential dwelling unit, which is used or 

occupied, or intended to be occupied, in whole or in part, as the 

home or residence of one or more persons.

(((69))) (70) "Risk assessment" means an on-site investigation 

to determine the existence, nature, severity, and location of 

lead-based paint hazards, and the provision of a report by the 

individual or the firm conducting the risk assessment, explaining 

the results of the investigation and options for reducing lead-based 

paint hazards.

(((70))) (71) "Risk assessor" means an individual who is 

certified by the department to conduct in target housing and 

child-occupied facilities on-site investigation to determine the 

existence, nature, severity, and location of lead-based paint 

hazards, and to provide a report explaining the results of the 

investigation and options for reducing lead-based paint hazards; and 

who may conduct a lead-hazard screen, in accordance with WAC 
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365-230-200.

(((71))) (72) "Room" means a separate part of the inside of a 

building, such as a bedroom, living room, dining room, kitchen, 

bathroom, laundry room, or utility room. To be considered a separate 

room, the room must be separated from adjoining rooms by built-in 

walls or archways that extend at least six inches from an intersecting 

wall. Half walls or bookcases count as room separators if built-in. 

Movable or collapsible partitions or partitions consisting solely 

of shelves or cabinets are not considered built-in walls. A 

screened-in porch that is used as a living area is a room.

(((72))) (73) "Sample quality control" means a plan or design 

which ensures the authenticity, integrity, and accuracy of samples, 

including dust, soil, and paint chip or film samples. Sample quality

control also includes provisions for representative sampling and 

control samples.

(((73))) (74) "Scope of work" means a written description of 

all of the abatement activities to be conducted at a specific 

abatement project site.

(((74))) (75) "Soil-lead hazard" means bare soil on residential 

real property or on the property of a child-occupied facility that 

contains total lead equal to or exceeding 250 parts per million 

(((mg/g))) or, (mg/kg) based on soil samples.

(((75))) (76) "Soil sample" means a sample collected in a 

representative location using ASTM E1727, "Standard Practice for 

Field Collection of Soil Samples for Lead Determination by Atomic 

Spectrometry Techniques," or equivalent method. ASTM standards can 

be obtained from ASTM International, P.O. Box C700, West 
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Conshohocken, PA 19428-2929, via phone at 610-832-9525, or 

electronically at www.astm.org

(((76))) (77) "Supervisor" means an individual who is certified 

by the department to either conduct or oversee and direct the 

work-site conduct of lead-based paint abatement and clearance 

activities in target housing and child-occupied facilities, and to 

prepare occupant protection plans and abatement reports in 

accordance with WAC 365-230-200.

(((77))) (78) "Target housing" means any housing constructed 

prior to 1978, except housing for the elderly or persons with 

disabilities (unless any one or more children under the age of six 

resides or is expected to reside in such housing for the elderly or 

persons with disabilities) or any 0-bedroom dwelling.

(((78))) (79) "These rules" means Washington Administrative 

Code (WAC) 365-230-010 through ((365-230-270)) 365-230-385.

(((79))) (80) "Train-the-trainer course" means a course that 

includes, but is not limited to, instruction in the planning and 

teaching of adult education, adult learning principles, designing 

training objectives, selecting and designing training activities, 

creating an effective learning environment, facilitating group 

involvement and discussions, and strategies for dealing with 

difficult training situations and difficult learners.

(((80))) (81) "Training curriculum" means an established set 

of course topics for instruction in an accredited training program 

for a particular discipline designed to provide specialized 

knowledge and skills.

(((81))) (82) "Training hour" means at least fifty minutes of 
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actual learning, including, but not limited to, time devoted to 

lecture, learning activities, small group activities, 

demonstrations, evaluations, and/or hands-on experience.

(((82))) (83) "Training manager" means the individual 

responsible for administering a training program and monitoring the 

performance of principal instructors and guest instructors.

(((83))) (84) "Training provider" means any business entity 

accredited under WAC 365-230-035 and 365-230-040 that offers 

lead-based paint activities and renovation courses.

(((84))) (85) "Weighted arithmetic mean" means the arithmetic 

mean of sample results weighted by the number of subsamples in each 

sample. Its purpose is to give influence to a sample relative to 

the surface area it represents. A single surface sample is comprised 

of a single subsample. A composite sample may contain from two to 

four subsamples of the same area as each other and of each single 

surface sample in the composite. The weighted arithmetic mean is 

obtained by summing, for all samples, the product of the sample's 

result multiplied by the number of subsamples in the sample, and 

dividing the sum by the total number of subsamples contained in all 

samples. For example the weighted arithmetic mean of a single 

surface sample containing 60 μg/ft2, a composite sample (three 

subsamples) containing 100 μg/ft2, and a composite sample (four 

subsamples) containing 110 mg/ft2 is 100 μg/ft2. This result is based 

on the equation [60.+(3.*100).+(4.*110)]/(1.+3.+4).

(((85))) (86) "Window trough" means for a typical double-hung 

window, the portion of the exterior window sill between the interior 

window sill (or stool), and the frame of the storm window. If there 
3/3/11 12:08 PM [ 22 ] OTS-3638.4

is no storm window, the window trough is the area that receives both 

the upper and lower window sashes when they are both lowered. The 

window trough is sometimes referred to as the window "well."

(((86))) (87) "Wipe sample" means a sample collected by wiping 

a representative surface of known area, as determined by ASTM E1728, 

"Standard Practice for Field Collection of Settled Dust Samples Using 

Wipe Sampling Methods for Lead Determination by Atomic Spectrometry 

Techniques," or equivalent method, with an acceptable wipe material 

as defined in ASTM E 1792, "Standard Specification for Wipe Sampling 

Materials for Lead in Surface Dust." ASTM standards can be obtained 

from ASTM International, P.O. Box C700, West Conshohocken, PA 

19428-2929, via phone at 610-832-9525, or electronically at 

www.astm.org

(((87))) (88) "Worker" means an individual who is certified by 

the department and licensed by the construction contractors' board 

to conduct lead-based paint abatement activities in target housing 

and child-occupied facilities in accordance with WAC 365-230-200.

[Statutory Authority: Chapter 70.103 RCW. 07-07-044, § 

365-230-020, filed 3/13/07, effective 4/13/07. Statutory 

Authority: RCW 70.103.0030(2) [70.103.030(2)], 70.103.020, 

70.103.030, 70.103.040, 70.103.050, 70.103.060, 70.103.070, 

70.103.080, 70.103.090. 04-10-037, § 365-230-020, filed 4/29/04, 

effective 5/30/04.]

NOTES:
3/3/11 12:08 PM [ 23 ] OTS-3638.4

Reviser's Note: The brackets and enclosed material in the text of the above 

section occurred in the copy filed by the agency.

AMENDATORY SECTION (Amending WSR 07-07-044, filed 3/13/07, 

effective 4/13/07)

WAC 365-230-030 Accreditation required. (1) No firm, 

individual or other entity shall provide, offer, or claim to provide 

a department-accredited lead-based paint training course without 

applying for and receiving accreditation from the department as 

required by these rules.

(2) A training provider may be accredited for the initial 

inspector, risk assessor, renovator, dust sampling technician,

abatement worker, supervisor, and project designer training courses 

or for refresher training courses within the same disciplines.

(3) Only accredited training providers are eligible to offer 

initial and refresher lead-based paint training courses.

(4) To qualify for and maintain accreditation, a training 

provider shall:

(a) Propose and offer at least one accredited lead-based paint 

training course.

(b) Conform to personnel, operational and curriculum 

requirements.

(c) Comply with accreditation application and procedural 

requirements.
3/3/11 12:08 PM [ 24 ] OTS-3638.4

[Statutory Authority: Chapter 70.103 RCW. 07-07-044, § 

365-230-030, filed 3/13/07, effective 4/13/07. Statutory 

Authority: RCW 70.103.0030(2) [70.103.030(2)], 70.103.020, 

70.103.030, 70.103.040, 70.103.050, 70.103.060, 70.103.070, 

70.103.080, 70.103.090. 04-10-037, § 365-230-030, filed 4/29/04, 

effective 5/30/04.]

AMENDATORY SECTION (Amending WSR 07-07-044, filed 3/13/07, 

effective 4/13/07)

WAC 365-230-035 Application process. The following are 

procedures a training program must follow to receive accreditation 

by the department to offer lead-based paint activities training 

courses, or renovation and dust sampling technician courses:

(1) A training program seeking accreditation shall submit a 

complete written application to the department. To be considered 

complete, the application must be on the appropriate departmental 

form and include all required documentation and attachments.

(2) Information that must be provided with the application is 

as follows:

(a) Name, address, and phone number of training provider and 

training program manager.

(b) A list of course(s) for which accreditation is being 

applied. For the purposes of this section, courses taught in 

different languages and electronic learning courses are considered 

different courses, and each must independently meet the 
3/3/11 12:08 PM [ 25 ] OTS-3638.4

accreditation requirements.

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

training manager.

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

principal instructor(s).

(e) A statement signed by the training program manager 

certifying that the training program meets the requirements under 

WAC 365-230-040.

(((d))) (f) If a training program uses EPA-recommended model 

training materials, or training materials approved by an 

EPA-authorized state or Indian tribe, the training manager shall 

include a statement certifying that. If the training program makes 

any changes or additions to the model curriculum, the training 

manager shall submit a statement indicating the changes or additions 

and shall submit a copy of the new or changed curriculum. It is not 

necessary to submit unchanged model training curriculum materials.

(((e))) (g) If a training program does not use model training 

materials as described in (((d))) (f) of this subsection, the 

training manager shall include: A copy of the entire course 

instruction curriculum, including, but not limited to: Learning 

objectives; documentation of course agenda with time allocation for 

each course topic; the sequence of topics to be covered during the 

course(s); student and instructor manuals, and any other materials 

to be used for the course.

(((f))) (h) All applications for accreditation shall include:

(i) A copy of the course test blueprint describing the portion 

of test questions devoted to each major course topic.
3/3/11 12:08 PM [ 26 ] OTS-3638.4

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

for lecture and hands-on training, respectively.

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

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

course.

(iv) A copy of the quality control plan developed by the training 

manager. The plan shall be used to maintain and improve the training 

program and contain at least the following elements:

(A) Procedures for periodic revision of training materials and 

course test to be current with innovations in the field.

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

principal instructor competency.

(v) Documentation of accreditation by other state or federal 

agencies, if applicable.

(vi) A check or money order made out to the department of 

((community, trade, and economic development)) commerce in the 

amount as described in WAC 365-230-120.

[Statutory Authority: Chapter 70.103 RCW. 07-07-044, § 

365-230-035, filed 3/13/07, effective 4/13/07. Statutory 

Authority: RCW 70.103.0030(2) [70.103.030(2)], 70.103.020, 

70.103.030, 70.103.040, 70.103.050, 70.103.060, 70.103.070, 

70.103.080, 70.103.090. 04-10-037, § 365-230-035, filed 4/29/04, 

effective 5/30/04.]
3/3/11 12:08 PM [ 27 ] OTS-3638.4

AMENDATORY SECTION (Amending WSR 07-07-044, filed 3/13/07, 

effective 4/13/07)

WAC 365-230-040 Requirements for the accreditation of 

training programs. For a training program to obtain accreditation 

from the department to offer lead-based paint activities courses, 

lead-based paint renovation courses or dust sampling technician 

courses, the program shall meet the following requirements:

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

has:

(a) At least two years of experience, education, or training 

in teaching workers or adults; or

(b) A bachelor's or graduate degree in building construction 

technology, engineering, industrial hygiene, safety, public health, 

education, business administration or program management or a 

related field; or

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

specializing in environmental hazards; and

(d) Demonstrated experience, education, or training in the 

construction industry including: Lead or asbestos abatement, 

painting, carpentry, renovation, remodeling, occupational safety 

and health, or industrial hygiene.

(2) The training manager shall designate a qualified principal 

instructor for each course who has:

(a) Demonstrated experience, education, or training in teaching 
3/3/11 12:08 PM [ 28 ] OTS-3638.4

workers or adults; and

(b) Successfully completed at least sixteen hours of any 

department-accredited, EPA-accredited or tribal-accredited 

lead-specific training for instructors of lead-based paint 

activities courses; or at least eight hours of any 

department-accredited, EPA-accredited or tribal-accredited 

lead-specific training for instructors of renovator or dust sampling 

technician courses; and

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

asbestos abatement, painting, carpentry, renovation, remodeling, 

occupational safety and health, or industrial hygiene.

(3) The principal instructor shall be responsible for the 

organization of the course and oversight of the teaching of all course 

material. The training manager may designate guest instructors as 

needed to provide instruction specific to the lecture, hands-on 

activities, or work practice components of a course.

(4) The following documents shall be recognized by the 

department as evidence that training managers and principal 

instructors have the education, work experience, training 

requirements or demonstrated experience, specifically listed in 

subsections (1), (2), and (3) of this section. This documentation 

need not be submitted with the accreditation application, but, if 

not submitted, shall be retained by the training program as required 

by WAC 365-230-090. Those documents include the following:

(a) Official academic transcripts or diploma as evidence of 

meeting education requirements.

(b) Resumes, letters of reference, or documentation of work 
3/3/11 12:08 PM [ 29 ] OTS-3638.4

experience, as evidence of meeting the work experience requirements.

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

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

requirements.

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

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

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

providing training equipment that reflects current work practices 

and maintaining or updating the equipment and facilities as needed.

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

training program shall provide training courses that meet the 

following training hour requirements:

(a) The inspector course shall last a minimum of twenty-four 

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

training activities. The minimum curriculum requirements for the 

inspector course are contained in WAC 365-230-050.

(b) The risk assessor course shall last a minimum of sixteen 

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

training activities. The minimum curriculum requirements for the 

risk assessor course are contained in WAC 365-230-050.

(c) The supervisor course shall last a minimum of thirty-two 

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

activities. The minimum curriculum requirements for the supervisor 

course are contained in WAC 365-230-050.

(d) The project designer course shall last a minimum of eight 

training hours. The minimum curriculum requirements for the project 

designer course are contained in WAC 365-230-050.
3/3/11 12:08 PM [ 30 ] OTS-3638.4

(e) The abatement worker course shall last a minimum of sixteen 

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

training activities. The minimum curriculum requirements for the 

abatement worker course are contained in WAC 365-230-050.

(f) The renovator course must last a minimum of eight training 

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

activities. The minimum curriculum requirements for the renovator 

course are contained in WAC 365-230-050(6).

(g) The dust sampling technician course must last a minimum of 

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

training activities. The minimum curriculum requirements for the 

dust sampling technician course are contained in WAC 365-230-050(7).

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

((either)) a course test at the completion of the course, and if 

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

proficiency test for that discipline. Each individual must 

successfully complete the hands-on skills assessment and receive a 

passing score on the course test to pass any course, or successfully 

complete a proficiency test.

(a) The training manager is responsible for maintaining the 

validity and integrity of the hands-on skills assessment or 

proficiency test to ensure that it accurately evaluates the trainees' 

performance of the work practices and procedures associated with the 

course topics contained in WAC 365-230-050.

(b) The training manager is responsible for maintaining the 

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

evaluates the trainees' knowledge and retention of the course topics.
3/3/11 12:08 PM [ 31 ] OTS-3638.4

(c) The course test shall be developed in accordance with the 

test blueprint submitted with the training accreditation 

application.

(8) The training program shall issue unique course completion 

certificates to each individual who passes the training course. The 

course completion certificate shall include:

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

the individual.

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

completed.

(c) Dates of course completion/test passage.

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

program.

(9) The training manager shall develop and implement a quality 

control plan. The plan shall be used to maintain and improve the 

quality of the training program over time. This plan shall contain 

at least the following elements:

(a) Procedures for periodic revision of training materials and 

the course test to reflect innovations in the field.

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

principal instructor competency.

(10) The training program shall offer courses that teach the 

work practice standards for conducting lead-based paint activities 

contained in WAC 365-230-200((,)); and shall offer the renovator or 

dust sampling technician courses that teach the applicable work 

practice standards contained in WAC 365-230-200 and 365-233-330, as 

well as other standards developed by EPA pursuant to Title IV of TSCA. 
3/3/11 12:08 PM [ 32 ] OTS-3638.4

These standards shall be taught in the appropriate courses to provide 

trainees with the knowledge needed to perform the lead-based paint 

activities and renovation or dust sampling they are responsible for 

conducting.

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

the training program complies at all times with all of the 

requirements in this section.

(12) A course audit shall include, but not be limited to, a 

review of: Instructional curriculum; examination design, 

administration and security procedures, and results, including those 

of demonstration testing; classroom instruction; audio-visual 

materials; course content; coverage; and teaching facilities.

(13) An accredited training provider may not implement changes 

in method or content that affects one half-hour or more of contact 

instruction without ten business days advance notice of the changes 

to department.

(14) The training provider is responsible for ensuring that the 

training manager and principal instructor comply with the 

requirements of this rule.

(15) Whenever there is a change in either the training manager 

or principal instructor for an accredited training course, the 

training provider shall notify the department of this change within 

thirty days, along with documentation demonstrating the appropriate 

qualifications as described in this section.

(16) The training provider shall use a system for verifying the 

positive identification of all trainees. Trainees without proper 

identification may not take the course exam.
3/3/11 12:08 PM [ 33 ] OTS-3638.4

[Statutory Authority: Chapter 70.103 RCW. 07-07-044, § 

365-230-040, filed 3/13/07, effective 4/13/07. Statutory 

Authority: RCW 70.103.0030(2) [70.103.030(2)], 70.103.020, 

70.103.030, 70.103.040, 70.103.050, 70.103.060, 70.103.070, 

70.103.080, 70.103.090. 04-10-037, § 365-230-040, filed 4/29/04, 

effective 5/30/04.]

AMENDATORY SECTION (Amending WSR 04-10-037, filed 4/29/04, 

effective 5/30/04)

WAC 365-230-050 Minimum training curriculum requirements. 

To become accredited to offer lead-based paint courses instruction 

in the specific disciplines listed below, training programs must 

ensure that their courses of study include, at a minimum, the 

following course topics. Requirements ending in an asterisk (.*) 

indicate areas that require hands-on activities as an integral 

component of the course.

(1) Inspector.

(a) Role and responsibilities of an inspector.

(b) Background information on lead and its adverse health 

effects.

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

regulations and guidance that pertains to lead-based paint and 

lead-based paint activities.

(d) Lead-based paint inspection methods, including selection 
3/3/11 12:08 PM [ 34 ] OTS-3638.4

of rooms and components for sampling or testing..*

(e) Paint, dust, and soil sampling methodologies..*

(f) Clearance standards and testing, including random 

sampling..*

(g) Preparation of the final inspection report..*

(h) Recordkeeping.

(2) Risk assessor.

(a) Role and responsibilities of a risk assessor.

(b) Collection of background information to perform a risk 

assessment.

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

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

(d) Visual inspection for the purposes of identifying potential 

sources of lead-based paint hazards..*

(e) Lead hazard screen protocol.

(f) Sampling for other sources of lead exposure..*

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

results, including all applicable state or federal guidance or 

regulations pertaining to lead-based paint hazards..*

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

controls, and operations and maintenance activities to reduce 

lead-based paint hazards.

(i) Preparation of a final risk assessment report.

(3) Supervisor.

(a) Role and responsibilities of a supervisor.

(b) Background information on lead and its adverse health 

effects.
3/3/11 12:08 PM [ 35 ] OTS-3638.4

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

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

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

abatement.

(e) Risk assessment and inspection report interpretation..*

(f) Development and implementation of an occupant protection 

plan and abatement report.

(g) Lead-based paint hazard recognition and control..*

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

reduction methods, including restricted practices..*

(i) Interior dust abatement/cleanup or lead-based paint hazard 

control and reduction methods..*

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

control and reduction methods..*

(k) Clearance standards and testing.

(l) Cleanup and waste disposal.

(m) Recordkeeping.

(4) Project designer.

(a) Role and responsibilities of a project designer.

(b) Development and implementation of an occupant protection 

plan for large scale abatement projects.

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

reduction methods, including restricted practices for large-scale 

abatement projects.

(d) Interior dust abatement/cleanup or lead hazard control and 

reduction methods for large-scale abatement projects.

(e) Clearance standards and testing for large scale abatement 
3/3/11 12:08 PM [ 36 ] OTS-3638.4

projects.

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

modernization and rehabilitation projects for large scale abatement 

projects.

(5) Abatement worker.

(a) Role and responsibilities of an abatement worker.

(b) Background information on lead and its adverse health 

effects.

(c) Background information on federal, state and local 

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

(d) Lead-based paint hazard recognition and control..*

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

reduction methods, including restricted practices..*

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

hazard reduction..*

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

hazard reduction..*

(6) Renovator.

(a) Role and responsibilities of a renovator.

(b) Background information on lead and its adverse health 

effects.

(c) Background information on EPA, HUD, OSHA, and other local 

regulations and guidance that pertains to lead-based paint and 

renovation activities.

(d) Procedures for using acceptable test kits to determine 

whether paint is lead-based paint..*

(e) Renovation methods to minimize the creation of dust and 
3/3/11 12:08 PM [ 37 ] OTS-3638.4

lead-based paint hazards..*

(f) Interior and exterior containment and clean-up methods..*

(g) Methods to ensure that the renovation has been properly 

completed, including cleaning verification and clearance testing..*

(h) Waste handling and disposal.

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

(j) Record preparation.

(7) Dust sampling technician.

(a) Role and responsibilities of a dust sampling technician.

(b) Background information on lead and its adverse health 

effects.

(c) Background information on EPA, HUD, OSHA, and other federal, 

state, and local regulations and guidance that pertains to lead-based 

paint and renovation activities.

(d) Dust sampling methodologies..*

(e) Clearance standards and testing.

(f) Report preparation..*

[Statutory Authority: RCW 70.103.0030(2) [70.103.030(2)],

70.103.020, 70.103.030, 70.103.040, 70.103.050, 70.103.060, 

70.103.070, 70.103.080, 70.103.090. 04-10-037, § 365-230-050, 

filed 4/29/04, effective 5/30/04.]
3/3/11 12:08 PM [ 38 ] OTS-3638.4

AMENDATORY SECTION (Amending WSR 07-07-044, filed 3/13/07, 

effective 4/13/07)

WAC 365-230-060 Requirements for the accreditation of 

refresher training courses. A training program may seek 

accreditation to offer refresher training courses in any of the 

following disciplines: Inspector, risk assessor, supervisor, 

project designer, ((and)) abatement worker, renovator, and dust 

sampling technician. A training program may apply for accreditation 

of a refresher training course concurrently with its application for 

accreditation of an initial training course. All applications for 

accreditation of a refresher training course must follow the 

application process as described in WAC 365-230-035. To obtain 

department accreditation to offer refresher training, a training 

program must meet the requirements for accreditation of a training 

program as described in WAC 365-230-040, except for the minimum 

training-hour requirements in WAC 365-230-040 (6)(a) through (((e))) 

(g). In addition, applicants for accreditation of a refresher 

training course must meet the following minimum requirements:

(1) Each refresher course shall review the curriculum topics 

of the full-length courses listed in WAC 365-230-050, as appropriate. 

In addition, to become accredited to offer refresher training 

courses, training programs shall ensure that their courses of study 

include, at a minimum, the following:

(a) An overview of current safety practices relating to 
3/3/11 12:08 PM [ 39 ] OTS-3638.4

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

information pertaining to the appropriate discipline.

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

activities in general, as well as specific information pertaining 

to the appropriate discipline.

(c) Current technologies relating to lead-based paint 

((activities)) in general, as well as specific information 

pertaining to the appropriate discipline.

(2) Each refresher course, except for the project designer, 

renovator, and dust sampling technician course, shall last a minimum 

of eight training hours. ((The)) Project designer, renovator, and 

dust sampling technician refresher courses shall last a minimum of 

four training hours.

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

a hands-on assessment (if applicable), and at the completion of the 

course, a course test.

[Statutory Authority: Chapter 70.103 RCW. 07-07-044, § 

365-230-060, filed 3/13/07, effective 4/13/07. Statutory 

Authority: RCW 70.103.0030(2) [70.103.030(2)], 70.103.020, 

70.103.030, 70.103.040, 70.103.050, 70.103.060, 70.103.070, 

70.103.080, 70.103.090. 04-10-037, § 365-230-060, filed 4/29/04, 

effective 5/30/04.]

365-230-070

Reaccreditation of training programs.

 (1) A training program's accreditation for both initial and refresher training courses shall expire four years after the 

date of issuance of the course accreditation.

(2) A training provider seeking reaccreditation should submit an application to the department no later than one 
3/3/11 12:08 PM [ 40 ] OTS-3638.4

hundred eighty days before its accreditation expires. If a training program does not submit its application by that date, 

the department cannot guarantee that the program will be reaccredited before the end of the accreditation period.

(3) The training program's application for reaccreditation shall contain:

(a) The training program's name, address, and telephone number.

(b) A list of courses for which it is applying for reaccreditation.

(c) A description of any changes to the training facility, equipment or course materials since its last application 

was approved that adversely affects the students' ability to learn or that affects more than thirty minutes of a training 

hour.

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

(i) That the training program complies at all times with all the Requirements for the accreditation of training 

programs (WAC 365-230-040) and requirements for the accreditation of refresher training programs (WAC 

365-230-035 [365-230-060]), as applicable; and

(ii) The Training program recordkeeping (WAC 365-230-090) and notification requirements (WAC 365-230-100) 

shall be followed.

[Statutory Authority: Chapter 70.103 RCW. 07-07-044, § 365-230-070, filed 3/13/07, effective 4/13/07. Statutory Authority: RCW 

70.103.0030(2) [70.103.030(2)], 70.103.020,70.103.030 , 70.103.040, 70.103.050, 70.103.060, 70.103.070,70.103.080 , 70.103.090. 

04-10-037, § 365-230-070, filed 4/29/04, effective 5/30/04.]

365-230-080

Approval/disapproval of application for accreditation or renewal of accreditation.

 

 Upon determining that a training provider has met the requirements for accreditation or reaccreditation as 

described in these rules, the department shall issue a certificate of accreditation for each training course. The 

department may disapprove an application for accreditation or renewal of an initial or refresher training course for any 

of the following reasons:

(1) Failure to complete application in accordance with these rules, or department policy or instructions.

(2) Failure to meet training curriculum requirements (WAC 365-230-050) as set forth in these rules.

(3) Failure to meet Requirements for accreditation of training programs (WAC 365-230-040) as set forth in these 

rules.

(4) Failure to meet the requirements for the accreditation of refresher training programs (WAC 365-230-060) as 

set forth in these rules.

(5) In the case of disapproval, a letter describing the reasons for disapproval shall be sent to the applicant. Prior to 

disapproval, the department may, at its discretion, work with the applicant to address inadequacies in the application 

for accreditation. The department may also request additional materials retained by the training provider described

under the Training program recordkeeping requirements (WAC 365-230-090). If a training provider's application for 

accreditation of an initial or refresher training course is disapproved, the provider may reapply for accreditation at any 

time.

[Statutory Authority: Chapter 70.103 RCW. 07-07-044, § 365-230-080, filed 3/13/07, effective 4/13/07. Statutory Authority: RCW 

70.103.0030(2) [70.103.030(2)], 70.103.020,70.103.030 , 70.103.040, 70.103.050, 70.103.060, 70.103.070,70.103.080 , 70.103.090. 

04-10-037, § 365-230-080, filed 4/29/04, effective 5/30/04.]
3/3/11 12:08 PM [ 41 ] OTS-3638.4

365-230-090

Training program recordkeeping requirements.

 (1) Accredited training programs shall maintain, and make available to the department if requested, the following 

records:

(a) All documents specified in the Requirements for the accreditation of training programs (WAC 365-230-040) as 

set forth in these rules that demonstrate the qualifications for training manager and principal instructors.

(b) Current curriculum, course materials and documents reflecting any changes made to these materials.

(c) The course test blueprint.

(d) Information regarding how the hands-on assessment is conducted including, but not limited to, who conducts 

the assessment, how skills are graded, what facilities are used, and the pass/fail rate.

(e) The quality control plan as described in the Requirements for the accreditation of training programs (WAC 

365-230-040) as set forth in these rules.

(f) Results of student's hands-on skills assessments and course tests, and a copy of each student's course 

completion certificate.

(g) Any other material submitted as part of the program's application for accreditation.

(2) The training provider shall retain these records at the address specified on the training provider's accreditation 

application (or as modified as the result of notification of change of address) shall be retained a minimum of three 

years and six months.

(3) A training provider shall notify the department in writing within thirty days of changing the address specified on 

its training program accreditation, or transferring the records from that address.

(4) Accreditation is transferable in the case of acquisition of the accredited training provider by another entity. The 

new entity must notify the department within thirty days of the change of ownership and any other changes to 

information included in the original application.

(5) A training provider shall submit to the department the two notifications described in WAC 365-230-100.

[Statutory Authority: Chapter 70.103 RCW. 07-07-044, § 365-230-090, filed 3/13/07, effective 4/13/07. Statutory Authority: RCW 

70.103.0030(2) [70.103.030(2)], 70.103.020,70.103.030 , 70.103.040, 70.103.050, 70.103.060, 70.103.070,70.103.080 , 70.103.090. 

04-10-037, § 365-230-090, filed 4/29/04, effective 5/30/04.]

AMENDATORY SECTION (Amending WSR 07-07-044, filed 3/13/07, 

effective 4/13/07)

WAC 365-230-100 Notification of lead-based paint training 

activity. (1) The training manager shall provide notification of 

lead-based paint activities courses or renovator and dust sampling 

technician courses offered.

(a) ((The training manager shall provide the department with 

notice of all lead-based paint activities courses offered.)) The 
3/3/11 12:08 PM [ 42 ] OTS-3638.4

original notice must be received by the department at least ((ten)) 

seven business days prior to offering any lead-based paint activities 

or renovator and dust sampling technician courses.

(b) The training manager shall provide the department updated 

notice when lead-based paint activities or renovator and dust 

sampling technician courses will begin on a date other than the one 

specified in the original notification, as follows:

(i) For lead-based paint activities or renovator and dust 

sampling technician courses beginning prior to the original start 

date an updated notice must be received by the department at least 

((ten)) seven business days before the revised start date.

(ii) For lead-based paint activities or renovator and dust 

sampling technician courses beginning after the original start date 

an updated notice must be received by the department at least two 

business days before the original start date.

(c) The training manager shall update the department of any 

change in location of lead-based paint activities or renovator and 

dust sampling technician courses at least ((ten)) seven business days 

prior to the scheduled course start date.

(d) The training manager shall also update the department 

regarding any course cancellations, or any other change to the 

original notice. Updated notices must be received by the department 

at least two business days prior to the scheduled course start date.

(e) Each notice, including updates, shall include the 

following:

(i) Notification type (original, update, cancellation).

(ii) Training program name, department accreditation number, 
3/3/11 12:08 PM [ 43 ] OTS-3638.4

address, and phone number.

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

language in which instruction will be given.

(iv) Date(s) and time(s) of training.

(v) Training location(s) phone number, and street address.

(vi) Principal instructor's name.

(vii) Training manager's name and signature.

(f) Notification shall be accomplished using ((any)) one of the 

following methods: Written ((notice, or by e-mail)) or electronic. 

((All notices submitted by e-mail must be followed with written 

notice within twenty-four hours of submission. Written)) 

Notification of lead-based paint activities, renovator, or dust 

sampling technician course schedules can be accomplished by using 

either the sample form titled "((Lead-Based Paint Activities 

Training Course Schedule)) Pre-Training Notification" or a similar 

form developed by the training program containing the required 

information. All written notices shall be delivered by U.S. Postal 

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

(Persons submitting notification by U.S. Postal Service are reminded 

that they should allow three additional business days for delivery 

in order to ensure that the department receives the notification by 

the required date.) Instructions and sample forms can be obtained 

from the department at 360-586-5323, or on the internet at 

((http://www.cted.wa.gov/lead)) http://www.commerce.wa.gov/lead.

(g) Lead-based paint activities or renovator and dust sampling 

technician courses shall not begin on a date, or at a location other 

than that specified in the original notice unless an updated notice 
3/3/11 12:08 PM [ 44 ] OTS-3638.4

identifying a new date or location is submitted, in which case the 

course must begin on the date and location specified in the updated 

notice.

(h) No training program shall provide lead-based paint 

activities or renovator and dust sampling technician courses without 

first notifying the agency of such activities in accordance with the 

requirements of this ((paragraph)) subsection (1)(h).

(2) The training manager shall provide notification following 

completion of lead-based paint activities or renovator and dust 

sampling technician courses.

(a) The training manager shall provide the department with 

notice after the completion of any lead-based paint activities or 

renovator and dust sampling technician course that shall be received 

by the department no later than ((twenty)) ten business days 

following course completion.

(b) The notice shall include the following:

(i) Training program name, department accreditation number, 

address, and phone number.

(ii) Course discipline and type (initial/refresher).

(iii) Date(s) of training.

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

course:

(A) Name.

(B) Address.

(C) Course completion certificate number.

(D) Student test score.

(v) Training manager's name and signature.
3/3/11 12:08 PM [ 45 ] OTS-3638.4

(c) Notification shall be accomplished using ((any)) one of the 

following methods: Written ((notice, or by e-mail)) or electronic. 

((All notices submitted by e-mail must be followed with written 

notice within twenty-four hours of submission. Written)) 

Notification following lead-based paint activities ((training)), 

renovator, or dust sampling technician courses can be accomplished 

by using either the sample form titled "((Lead-Based Paint Activities 

Training Course Follow-up)) Post-Training Notification" or a similar 

form developed by the training program containing the required 

information. All written notices shall be delivered by U.S. Postal 

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

(Persons submitting notification by U.S. Postal Service are reminded 

that they should allow three additional business days for delivery 

in order to ensure that the department receives the notification by 

the required date.) Instructions and sample forms can be obtained 

from department at 360-586-5323, or on the internet at 

((http://www.cted.gov/lead)) http://www.commerce.gov/lead.

[Statutory Authority: Chapter 70.103 RCW. 07-07-044, § 

365-230-100, filed 3/13/07, effective 4/13/07. Statutory 

Authority: RCW 70.103.0030(2) [70.103.030(2)], 70.103.020, 

70.103.030, 70.103.040, 70.103.050, 70.103.060, 70.103.070, 

70.103.080, 70.103.090. 04-10-037, § 365-230-100, filed 4/29/04, 

effective 5/30/04.]
3/3/11 12:08 PM [ 46 ] OTS-3638.4

AMENDATORY SECTION (Amending WSR 04-10-037, filed 4/29/04, 

effective 5/30/04)

WAC 365-230-120 Accreditation fees. The following fees are 

established for accreditation:

(1) A nonrefundable application fee of two hundred dollars for 

accreditation of an initial or refresher lead-based paint training 

course.

(2) A nonrefundable application fee of two hundred dollars for 

reaccreditation of an initial or a refresher lead-based paint 

training course.

(3) If an initial or refresher course provides instruction for 

more than one discipline, a separate application fee of two hundred 

dollars for each discipline is required.

(4) All fees shall be in the form of a check or money order made 

out to the department of ((community, trade, and economic 

development)) commerce.

[Statutory Authority: RCW 70.103.0030(2) [70.103.030(2)], 

70.103.020, 70.103.030, 70.103.040, 70.103.050, 70.103.060, 

70.103.070, 70.103.080, 70.103.090. 04-10-037, § 365-230-120, 

filed 4/29/04, effective 5/30/04.]
3/3/11 12:08 PM [ 47 ] OTS-3638.4

CERTIFICATION OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT 

ACTIVITIES: TARGET HOUSING AND CHILD-OCCUPIED 

FACILITIES Note: Renovation firms, renovator, and dust sampling technician certification 

requirements are found under WAC 365-230-360 and 365-230-380.

AMENDATORY SECTION (Amending WSR 07-07-044, filed 3/13/07, 

effective 4/13/07)

WAC 365-230-130 Certification of individuals. (1) No 

individual shall perform any lead-based paint activity as described 

in WAC 365-230-200 without first becoming certified by the 

department. Certified individuals may perform only specific 

lead-based paint activities for which they are certified. 

Individuals seeking certification by the department to engage in 

lead-based paint activities must:

(((a))) Submit a complete application as described in WAC 

((365-230-170)) 365-230-150 and must provide documentation that the 

applicant has either:

(((i))) (a) Met the certification requirements as described in 

WAC 365-230-132 for the inspector, risk assessor, or supervisor 

disciplines; or WAC 365-230-134 for the project designer or worker 

disciplines; or

(((ii))) (b) Holds a valid certification issued by EPA or by 

a state or tribal program that has been authorized by EPA according 
3/3/11 12:08 PM [ 48 ] OTS-3638.4

to 40 CFR 745.324.

(((A))) (i) Applicants for certification based on certification 

from another state or tribal program must document to the department 

that they have read and understand the certification and work 

practice standards as described in these rules.

(((B))) (ii) Certification based on a valid lead-based paint 

certification issued by EPA or by an EPA-authorized state or tribal 

program shall be issued with an expiration date not to exceed the 

date of expiration listed on the EPA or EPA-authorized state or tribal 

certification.

(2) Individuals may first apply to the department for 

certification to engage in lead-based paint activities pursuant to 

this section on or after the effective date of these rules.

(3) Following the submission of an application demonstrating 

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

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

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

(4) Upon receiving the department certification, individuals 

conducting lead-based paint activities shall comply with the work 

practice standards for performing the appropriate lead-based paint 

activities as established in the Work practice standards section (WAC 

365-230-200).

(5) It shall be a violation of these rules for an individual 

to conduct any of the lead-based paint activities described in the 

Work practice standards section (WAC 365-230-200) that has not been 

certified by the department.
3/3/11 12:08 PM [ 49 ] OTS-3638.4

[Statutory Authority: Chapter 70.103 RCW. 07-07-044, § 

365-230-130, filed 3/13/07, effective 4/13/07. Statutory 

Authority: RCW 70.103.0030(2) [70.103.030(2)], 70.103.020, 

70.103.030, 70.103.040, 70.103.050, 70.103.060, 70.103.070, 

70.103.080, 70.103.090. 04-10-037, § 365-230-130, filed 4/29/04, 

effective 5/30/04.]

AMENDATORY SECTION (Amending WSR 07-07-044, filed 3/13/07, 

effective 4/13/07)

WAC 365-230-132 Inspector, risk assessor, or supervisor. 

(1) To become certified by the department as an inspector, risk 

assessor, supervisor, pursuant to WAC 365-230-130, an individual 

must:

(a) Successfully complete an accredited course in the 

appropriate discipline and receive a course completion certificate 

from an accredited training program.

(b) Pass the certification exam in the appropriate discipline 

offered by the department; and

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

requirements:

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

requirements.

(ii) Risk assessors.

(A) Successful completion of an accredited training course for 

inspectors; and
3/3/11 12:08 PM [ 50 ] OTS-3638.4

(B) Bachelor's degree and one year of experience in a related 

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

construction), or an associates degree and two years experience in 

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

work, or construction); or

(C) Certification as an industrial hygienist, an engineer, a 

registered architect, certified safety professional, registered 

sanitarian, or registered environmental specialist; or

(D) A high school diploma (or equivalent), and at least three 

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

environmental remediation work or construction).

(iii) Supervisor:

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

abatement worker; or

(B) At least two years of experience in a related field (e.g., 

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

trades.

(2) In order to be eligible to take the certification 

examination for a particular discipline, an individual must:

(a) Successfully complete an accredited course in the 

appropriate discipline and receive a course completion certificate

from an accredited training program.

(b) Meet or exceed the education and experience requirements 

described in this section.

(c) Submit a completed application as described in WAC 

365-230-150.

(3) An individual may take the certification exam no more than 
3/3/11 12:08 PM [ 51 ] OTS-3638.4

three times within six months of receiving a course completion 

certificate.

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

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

completion certificate, the individual must successfully complete 

the appropriate lead-based paint course from an accredited training 

program before reapplying for certification from the department.

(5) A passing score on third-party, qualifying examination 

administered by the department is seventy or above.

(6) After successfully completing the appropriate training and 

application requirements as described in these rules, an individual 

shall be certified by the department.

(7) To maintain certification, an individual must be 

recertified as described in WAC ((365-230-170)) 365-230-160.

(8) Certification shall be nontransferable.

[Statutory Authority: Chapter 70.103 RCW. 07-07-044, § 

365-230-132, filed 3/13/07, effective 4/13/07. Statutory 

Authority: RCW 70.103.0030(2) [70.103.030(2)], 70.103.020, 

70.103.030, 70.103.040, 70.103.050, 70.103.060, 70.103.070, 

70.103.080, 70.103.090. 04-10-037, § 365-230-132, filed 4/29/04, 

effective 5/30/04.]

365-230-134

Abatement worker and project designers.

 (1) To become certified by the department as an abatement worker or project designer, pursuant to the 

certification of individuals section of these rules, an individual must:

(a) Successfully complete an accredited course in the appropriate discipline and receive a course completion 

certificate from an accredited training program.

(b) Meet or exceed the following additional experience and/or education requirements:
3/3/11 12:08 PM [ 52 ] OTS-3638.4

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

(ii) Project designers.

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

(B) Successful completion of an accredited training course for project designers; and

(C) Bachelor's degree in engineering, architecture, or a related profession, and one year of experience in building 

construction and design or a related field; or

(D) Four years experience in building construction and design or a related field.

(2) After successfully completing the appropriate training and application requirements as described in these 

rules, an individual shall be certified by the department.

(3) To maintain certification, an individual must be recertified as described in the recertification section of these 

rules.

(4) Certification shall be nontransferable.

[Statutory Authority: Chapter 70.103 RCW. 07-07-044, § 365-230-134, filed 3/13/07, effective 4/13/07. Statutory Authority: RCW 

70.103.0030(2) [70.103.030(2)], 70.103.020,70.103.030 , 70.103.040, 70.103.050, 70.103.060, 70.103.070,70.103.080 , 70.103.090. 

04-10-037, § 365-230-134, filed 4/29/04, effective 5/30/04.]

AMENDATORY SECTION (Amending WSR 07-07-044, filed 3/13/07, 

effective 4/13/07)

WAC 365-230-150 Application requirements for an individual. 

(1) Applications for an individual shall be submitted on forms 

prescribed by the department and shall be accompanied, as 

appropriate, by either:

(a) Documentation that the applicant has met the required 

training, experience, and education requirements as described in WAC 

365-230-132 ((or)), 365-230-134, and 365-230-380. Acceptable 

documentation includes the following:

(i) As proof of meeting the training requirements, a valid 

lead-based paint training course completion certificate issued by 

a department-accredited training provider.

(ii) As proof of meeting the work experience requirements, 

documentation must include name and address of employer, name and 
3/3/11 12:08 PM [ 53 ] OTS-3638.4

telephone number of supervisor; employment dates, description of 

specific duties performed. The supervisor or employer must sign the 

documentation verifying that the information is true and correct. 

A self-employed individual must provide the name, address and Uniform 

Business Identifier of business, dates of self-employment, and a 

description of specific duties. Documentation of work experience 

must be provided on the appropriate departmental form.

(iii) As proof of meeting the educational requirements, 

documentation such as an official transcript or diploma; or

(b) Documentation that the applicant holds a valid 

certification in the appropriate discipline issued by EPA or by an 

EPA-authorized state or tribe.

(i) Applicants seeking certification based on an EPA or 

EPA-authorized state or tribal certification must document to the 

department that they have read and will comply with the certification 

and work practice standards of these rules.

(ii) Certification based on an EPA or EPA-authorized state or 

tribal certification shall be issued with an expiration date not to 

exceed the date of expiration listed on the EPA or EPA-authorized 

state or tribal certification.

(2) All applications for certification shall be accompanied by:

(a) Two current passport-size photos.

(b) Applicant's name, signature and date.

(c) A check or money order made out to the department of 

((community, trade, and economic development)) commerce in the 

amount as described in the certification fees section of these rules.

(3) Application materials can be obtained by mail from 
3/3/11 12:08 PM [ 54 ] OTS-3638.4

Department of ((Community, Trade, and Economic Development)) 

Commerce, Lead-Based Paint Program, P.O. Box 42525, Olympia, WA 

98504-2525, by phone, 360-586-5323, or electronically at 

((http://www.cted.wa.gov/lead)) http://commerce.wa.gov/lead.

[Statutory Authority: Chapter 70.103 RCW. 07-07-044, § 

365-230-150, filed 3/13/07, effective 4/13/07. Statutory 

Authority: RCW 70.103.0030(2) [70.103.030(2)], 70.103.020, 

70.103.030, 70.103.040, 70.103.050, 70.103.060, 70.103.070, 

70.103.080, 70.103.090. 04-10-037, § 365-230-150, filed 4/29/04, 

effective 5/30/04.]

AMENDATORY SECTION (Amending WSR 07-07-044, filed 3/13/07, 

effective 4/13/07)

WAC 365-230-160 Recertification. (1) To maintain 

certification in a ((particular)) Lead-Based Paint Activities

discipline, a certified individual shall apply to and be recertified 

by the department in that discipline either:

(a) Every three years after the original date of issue if the 

individual completed a training course with a course test and 

hands-on assessment; or

(b) Every five years if the individual completed a training 

course with a proficiency test.

(2) An individual shall be recertified if the individual:

(a) Successfully completes the appropriate accredited 
3/3/11 12:08 PM [ 55 ] OTS-3638.4

refresher training course; and

(b) Submits a valid copy of the appropriate refresher course 

completion certificate; and

(c) Complies with the following application requirements 

established by the department:

(i) Submit a complete and signed application; and

(ii) Submit two recent passport-size photographs; and

(iii) Submit a check or money order made out to the department 

of community, trade, and economic development in the amount as 

described in WAC 365-230-260.

(3) Application materials can be obtained by mail from 

Department of ((Community, Trade, and Economic Development)) 

Commerce, Lead-Based Paint Program, P.O. Box 42525, Olympia, WA 

98504-2525, by phone, 360-586-5323, or electronically at 

((http://www.cted.wa.gov/lead)) http://commerce.wa.gov/lead.

(4) An individual whose certification expires may obtain 

certification by completing the requirements described in WAC 

365-230-150 and 365-230-130.

[Statutory Authority: Chapter 70.103 RCW. 07-07-044, § 

365-230-160, filed 3/13/07, effective 4/13/07. Statutory 

Authority: RCW 70.103.0030(2) [70.103.030(2)], 70.103.020, 

70.103.030, 70.103.040, 70.103.050, 70.103.060, 70.103.070, 

70.103.080, 70.103.090. 04-10-037, § 365-230-160, filed 4/29/04, 

effective 5/30/04.]
3/3/11 12:08 PM [ 56 ] OTS-3638.4

365-230-170

Certification of firms.

 (1) No firm shall perform or offer to perform any of the lead-based paint activities described in WAC 365-230-200

without first being certified by the department. All certified firms shall employ only appropriately certified individuals to

conduct lead-based paint activities. The firm is responsible for ensuring that its employees follow the work practice 

requirements described in WAC 365-230-200.

(2) A firm seeking certification shall submit to the department a complete application as described in this section.

(3) A firm seeking certification must provide documentation that it either:

(a) Meets the current minimum requirements of the department of labor and industries regarding a surety bond 

and insurance; or

(b) Has in force a business, e.g., liability, errors and omissions, insurance policy in the minimum amount of five 

hundred thousand dollars.

(4) A certified firm may not conduct lead-based paint activities, as described in WAC 365-230-200, if, at any time, 

it does not have in force the minimum bonding or insurance coverage described in this section.

(5) The firm shall maintain all records pursuant to WAC 365-230-200.

(6) Certification is transferable in the instance of acquisition of a certified firm by another entity. The acquiring firm 

must notify the department within thirty days of the change of ownership of any changes to information submitted on 

the original application.

(7) The certification period for firms is three years from the date certification is issued.

(8) To retain certification, a firm shall submit to the department an application and documentation as described 

above prior to the expiration date listed on the firm's certification.

[Statutory Authority: Chapter 70.103 RCW. 07-07-044, § 365-230-170, filed 3/13/07, effective 4/13/07. Statutory Authority: RCW 

70.103.0030(2) [70.103.030(2)], 70.103.020,70.103.030 , 70.103.040, 70.103.050, 70.103.060, 70.103.070,70.103.080 , 70.103.090. 

04-10-037, § 365-230-170, filed 4/29/04, effective 5/30/04.]

AMENDATORY SECTION (Amending WSR 04-10-037, filed 4/29/04, 

effective 5/30/04)

WAC 365-230-180 Application requirements for a firm. (1) 

Applications for a firm shall be submitted on forms prescribed by 

the department and shall be accompanied, by the following:

A letter of compliance, signed by an officer of the firm, or 

an individual authorized to sign on the firm's behalf, certifying 

the following:

(a) The firm will employ only certified employees of the 

appropriate discipline to conduct lead-based paint activities as 
3/3/11 12:08 PM [ 57 ] OTS-3638.4

prescribed in these rules.

(b) The firm will follow the standards for conducting lead-based 

paint activities as prescribed in these rules.

(c) The firm shall maintain all records pursuant to these rules.

(2) A check or money order made out to the department of 

((community, trade, and economic development)) commerce in the 

amount as described in WAC 365-230-260.

[Statutory Authority: RCW 70.103.0030(2) [70.103.030(2)], 

70.103.020, 70.103.030, 70.103.040, 70.103.050, 70.103.060, 

70.103.070, 70.103.080, 70.103.090. 04-10-037, § 365-230-180, 

filed 4/29/04, effective 5/30/04.]

365-230-190

Approval or disapproval of certification.

 (1) The department may disapprove an application for certification for the following reasons, including, but not 

limited to:

(a) Failure to complete application in accordance with these rules, or department policy or instructions;

(b) Failure to satisfy eligibility requirements for certification;

(c) Failure to satisfy training requirements;

(d) Failure to provide required documentation or information requested by the department;

(e) History of citations or violations of existing regulations or these rules, regulations including execution of a 

consent agreement in settlement of an enforcement action;

(f) History of revocation of a certificate;

(g) Making false or misleading statements in the application;

(h) Permitting the duplication or use of the individual's own certificate by another;

(i) Having been subject to a final administrative order imposing a civil penalty or a criminal conviction for engaging 

in a prohibited act under department.

(2) In the case of disapproval, a letter describing the reasons for disapproval shall be sent to the applicant. Prior to 

disapproval, the department may, at its discretion, work with the applicant to address inadequacies in the application 

for certification. The department may also request additional materials under the recordkeeping requirements of WAC 

365-230-200(8). If an individual or firm's application for certification has been disapproved, the program may reapply 

for certification at any time.
3/3/11 12:08 PM [ 58 ] OTS-3638.4

[Statutory Authority: RCW 70.103.0030(2) [70.103.030(2)],70.103.020 , 70.103.030, 70.103.040, 70.103.050, 70.103.060,70.103.070 , 

70.103.080, 70.103.090. 04-10-037, § 365-230-190, filed 4/29/04, effective 5/30/04.]

AMENDATORY SECTION (Amending WSR 07-07-044, filed 3/13/07, 

effective 4/13/07)

WAC 365-230-200 Work practice standards. (1) Only certified 

individuals and the certified firms employing such individuals shall 

perform or offer to perform lead-based paint activities.

(2) Documented methodologies that are appropriate for this 

section are found in the following: The U.S. Department of Housing 

and Urban Development (HUD) Guidelines for the Evaluation and Control 

of Lead-Based Paint Hazards in Housing (Revised, October, 1997); the 

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

Dust, and Lead-Contaminated Soil; the EPA Residential Sampling for 

Lead: Protocols for Dust and Soil Sampling (EPA report number 

7474-R-95-001); regulations, guidance, methods or protocols issued 

by this department; any other equivalent methods and guidelines.

(3) Clearance levels appropriate for the purposes of this 

section may be found in subsection (8)(((c)))(g)(i) and (v) of this 

section or other equivalent guidelines.

(4) Work practice requirements. Applicable certification, 

occupant protection, and clearance requirements and work practice 

standards are found in regulations described in this section, and 

in regulations issued by the Department of Housing and Urban 

Development (HUD) at 24 CFR part 35, subpart R.

(a) The work practice standards in those regulations do not 

apply when treating paint-lead hazards of less than:

(i) Two square feet of deteriorated lead-based paint per room 
3/3/11 12:08 PM [ 59 ] OTS-3638.4

or equivalent;

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

building; or

(iii) Ten percent of the total surface area of deteriorated 

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

surface area.

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

a lead-based paint inspection, lead hazard screen, risk assessment 

or abatement, a certified individual must perform that activity in 

compliance with these rules, documented methodologies, work practice 

requirements, and the work practice standards described in this 

section.

(5) Inspection. Only a person certified by the department as 

an inspector or risk assessor may conduct an inspection.

(a) Locations shall be selected according to documented 

methodologies and tested for the presence of lead-based paint as 

follows:

(i) In target housing and child-occupied facilities, each 

interior and exterior component with a distinct painting history 

shall be tested for lead-based paint, except those components 

determined to have been replaced after 1978 or determined to not 

contain lead-based paint; and

(ii) In a multifamily dwelling or child-occupied facility, each 

component with a distinct painting history in every common area shall 

be tested, except those components determined to have been replaced 

after 1978 or determined to not contain lead-based paint.

(b) Paint shall be tested for the presence of lead using 
3/3/11 12:08 PM [ 60 ] OTS-3638.4

documented methodologies which incorporate sampling quality control 

procedures and all paint chip, dust, and soil samples shall be 

analyzed for detectable levels of lead by a laboratory accredited 

under the National Lead Laboratory Accreditation Program (NLLAP).

(c) Inspection reports shall be prepared and include at least:

(i) Inspection date;

(ii) Building address;

(iii) Date of construction;

(iv) Apartment identification (numbers, letters, names if 

applicable);

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

each unit;

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

inspector or risk assessor conducting testing;

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

employing each inspector or risk assessor;

(viii) Each testing method and device or sampling procedure 

employed for paint analysis, including sample quality control data, 

and if used, the serial number of any X-ray fluorescence (XRF) device; 

and

(ix) Specific locations of each painted component tested and 

the results of the inspection expressed in appropriate units for the 

sampling method used.

(6) Lead hazard screen. A lead hazard screen shall be conducted 

only by a person certified by the department as a risk assessor and 

shall be conducted as follows:

(a) Background information shall be collected about the 
3/3/11 12:08 PM [ 61 ] OTS-3638.4

physical characteristics of the target housing or child-occupied 

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

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

collected.

(b) A visual inspection shall be conducted to determine the 

presence of any deteriorated paint and locate at least two dust 

sampling locations.

(c) If deteriorated paint is present, each deteriorated paint 

surface determined using documented methodologies, and to have a 

distinct painting history shall be tested for the presence of lead.

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

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

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

or under are likely to come in contact with dust.

(e) In multifamily dwellings and child-occupied facilities, 

floor and window composite dust sampling shall be conducted as 

specified for conducting lead hazard screens in residential 

dwellings in the Work Practice Standard section of these rules. In 

addition, composite dust samples shall be collected in common areas 

where one or more children age six or under are likely to come in 

contact with dust.

(f) All dust samples shall be collected using documented 

methodologies that incorporate sample quality control procedures and 

analyzed by a laboratory accredited under the National Lead 

Laboratory Accreditation Program (NLLAP) to determine detectable 

lead.

(g) A lead hazard screen report shall be prepared by the risk 
3/3/11 12:08 PM [ 62 ] OTS-3638.4

assessor and include:

(i) Information in a risk assessment report as specified in 

subsection (7) including (i)(i) through (xiv) and excluding (i)(xv) 

through (xviii). Additionally, any background information 

collected pursuant to the lead hazard screen shall be included.

(ii) Any recommendations for follow-up risk assessment and 

other further actions.

(7) Risk assessment. Only an individual certified by the 

department as a risk assessor may conduct a risk assessment of target 

housing or child-occupied facility. A risk assessment shall be 

conducted as follows:

(a) A visual inspection shall be conducted to locate the 

existence of deteriorated paint, assess the extent and cause of 

deterioration, and other potential lead-based hazards.

(b) Background information shall be collected regarding the 

physical characteristics and occupant use patterns that may cause 

lead-based paint exposure to one or more children age six years and 

under.

(c) The following surfaces which are determined, using 

documented methodologies, to have a distinct painting history, shall 

be tested for the presence of lead:

(i) Each friction surface or impact surface with visibly 

deteriorated paint.

(ii) All other surfaces with visibly deteriorated paint.

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

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

shall be collected and analyzed for lead concentration in all living 
3/3/11 12:08 PM [ 63 ] OTS-3638.4

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

to come in contact with dust.

(e) For multifamily dwellings and child-occupied facilities, 

the samples required in "residential dwellings" as described in (b) 

of this subsection shall be taken. In addition, interior window sill 

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

shall be collected and analyzed for lead concentration in the 

following locations:

(i) Common areas adjacent to sampled target house or 

child-occupied facility; and

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

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

to come in contact with dust.

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

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

shall be collected and analyzed in each room, hallway or stairwell 

utilized by one or more children, age six and under, and in other 

common areas in the child-occupied facility where the risk assessor 

determines one or more children, age six and under, are likely to 

come in contact with dust.

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

concentrations from the following locations:

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

(ii) The rest of the yard (i.e., nonplay areas) where bare soil 

is present.

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

conducted using documented methodologies that incorporate sample 
3/3/11 12:08 PM [ 64 ] OTS-3638.4

quality control procedures and analyzed by a laboratory accredited 

under the National Lead Laboratory Accreditation Program (NLLAP) to 

determine detectable lead.

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

report which shall include as a minimum the following information:

(i) Assessment date.

(ii) Address of each building.

(iii) Date of construction of buildings.

(iv) Apartment identification (numbers, letters, names if 

applicable).

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

building.

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

assessor conducting the assessment.

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

employing each risk assessor.

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

conducting analysis of collected samples.

(ix) Results of the visual inspection.

(x) Testing method and sampling procedure employed for paint 

analysis.

(xi) Specific locations of each painted component tested for 

the presence of lead.

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

quality control data, and if used, the serial number of any X-ray 

fluorescence (XRF) device.

(xiii) All results of laboratory analysis on collected paint, 
3/3/11 12:08 PM [ 65 ] OTS-3638.4

soil, and dust samples.

(xiv) Any other sampling results.

(xv) Any background information collected pursuant to 

subsection background information portion of the risk assessment 

work practice standard of this section.

(xvi) To the extent used as part of the lead-based paint hazard 

determination, the results of any previous inspections or analyses 

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

lead-based paint related hazards.

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

identified lead-based paint hazards and any other potential lead 

hazards.

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

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

prioritization for addressing each hazard. If the use of an 

encapsulant or enclosure is recommended, the report shall recommend 

a maintenance and monitoring schedule for the encapsulant or 

enclosure.

(8) Abatement. An abatement project shall be conducted only 

by certified individuals and the certified firms employing such 

individuals. Abatement shall be conducted as follows:

(a) A certified supervisor or project designer is required for 

each abatement project and shall be on-site during all worksite 

preparation and during postabatement cleanup of work areas. At all 

other times, the certified supervisor or project designer shall be 

on-site or available by telephone, pager, or answering service, and 

be able to be present at the worksite in no more than two hours.
3/3/11 12:08 PM [ 66 ] OTS-3638.4

(b) The certified supervisor or project designer, as well as 

the certified firm employing that individual shall ensure that all 

abatement activities are conducted according to the requirements of 

these rules and all federal, state and local requirements.

(c) A certified project designer may replace and assume the 

responsibilities of a certified supervisor required for an abatement 

project. If a certified project designer provides supervision on 

an abatement project, the project designer shall be responsible for 

preparing the occupant protection plan and the abatement report.

(d) A written occupant protection plan shall be developed prior 

to all abatement projects, be prepared by a certified supervisor or 

project designer, be unique to each target housing or child-occupied 

facility, describe the measures and management procedures that will 

be taken during the abatement to protect the building occupants from 

exposure to any lead-based paint hazards. The written occupant 

protection plan shall be present at the project site and must be made 

available on demand for inspection.

(e) A scope of work for the abatement project shall be present 

at the project site and must be made available on demand for 

inspection.

(f) These work practices shall be restricted during abatement 

and paint removal:

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

prohibited;

(ii) Uncontained hydro blasting or high-pressure washing of 

lead-based paint is prohibited;

(iii) Machine sanding or grinding or abrasive blasting or 
3/3/11 12:08 PM [ 67 ] OTS-3638.4

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

efficiency particulate air (HEPA) exhaust control which removes 

particles of 0.3 microns or larger from the air at 99.97 percent or 

greater efficiency;

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

conjunction with heat guns or around electrical outlets or when 

treating defective paint spots totaling no more than two square feet 

in any room, hallway or stairwell or totaling no more than twenty 

square feet on exterior surfaces; and

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

at temperatures below 1100F.

(g) When soil abatement is conducted, if the soil is removed:

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

as close to local background as practicable, but ((no greater)) less

than 250 parts per million (<250 ppm).

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

another residential property or child-occupied facility.

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

covered so as to be separated from human contact by the placement 

of a barrier consisting of solid, relatively impermeable materials, 

such as pavement, asphalt or concrete.

(h) Soil interim controls:

(i) Grass, mulch, shrubbery and other landscaping materials are 

not considered permanent covering, but may be used as interim

controls that eliminate contact with bare soils.

(ii) Interim control measures are acceptable in areas where bare 

soils contain less than the current HUD abatement standard for lead 
3/3/11 12:08 PM [ 68 ] OTS-3638.4

in soils, except in:

(A) A child's play area, or any bare soil area where a child 

under six years of age regularly plays. Interim control measures 

are not acceptable in these areas where soil lead levels exceed 250 

ppm.

(B) A garden area, or any other area where bare soils produce 

edibles intended for human consumption. Interim controls are not 

acceptable in these areas where soil lead levels exceed 250 ppm.

(iii) On-going monitoring and evaluation of interim soil 

control measures must follow HUD Guidelines - Table 6.1, Standard 

Reevaluation Schedule Number 6, under the column header entitled, 

"Visual Survey," as a requirement for interim soils control. This 

requirement must be included in a written report provided to the owner 

and occupants of the property.

(((h))) (i) The following clearance procedures shall be 

performed only by a certified and licensed inspector or risk assessor 

and according to the following procedures:

(i) A visual inspection shall be performed to determine if 

deteriorated painted surfaces and/or visible amounts of dust, debris 

or residue are still present. If deteriorated painted surfaces or 

visible amounts of dust, debris or residue are present, these 

conditions must be eliminated prior to the continuation of the 

clearance procedures.

(ii) If exterior work on a project cannot be completed due to 

inclement weather or other factors, the project supervisor or 

designer may apply in writing to the department for authorization 

of a preliminary clearance. The application must include the 
3/3/11 12:08 PM [ 69 ] OTS-3638.4

following:

(A) The project address.

(B) The name and certification number of the abatement project 

supervisor or project designer.

(C) A description of the conditions that justify issuance of 

a waiver.

(D) A description of the abatement work that remains to be done 

on the project.

(E) A schedule for completion of the abatement work that remains 

to be done.

(F) A plan for monitoring and controlling potential lead-based 

paint contamination until work can be completed.

(G) At the conclusion of all work on a project for which 

preliminary clearance has been authorized, the project supervisor 

or designer shall present the department with documentation that 

clearance testing has been performed on exterior and interior areas 

according to these rules and that all clearance test results are below 

clearance levels.

(iii) Following the visual inspection and any postabatement 

cleanup required in subsection (8)(i) of this section, clearance 

sampling for lead in dust shall be conducted. Clearance sampling 

may be conducted by employing single-surface sampling or composite 

sampling techniques.

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

documented methodologies that incorporate sample quality control 

procedures and shall be taken a minimum of one hour after completion 

of final cleanup activities.
3/3/11 12:08 PM [ 70 ] OTS-3638.4

(v) Postabatement clearance activities shall be conducted based 

upon the extent or manner of work activities conducted in or on the 

target housing or child-occupied facility as follows:

(((i))) (j) After conducting an abatement with containment 

between containment and noncontainment areas, one dust sample shall 

be taken from one interior window sill and from one window trough 

(if present) and one dust sample shall be taken from the floors of 

no less than four rooms, hallways or stairwells within the 

containment area. In addition, one dust sample shall be taken from 

the floor outside the containment area. If there are fewer than four 

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

rooms, hallways or stairwells shall be sampled.

(i) After conducting ((an)) abatement with no containment, two 

dust samples shall be taken from no fewer than four rooms, hallways 

or stairwells in the residential dwelling or child-occupied 

facility. One dust sample shall be taken from one interior window 

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

be taken from the floor of each room, hallway or stairwell selected. 

If there are fewer than four rooms, hallways or stairwells within 

the target housing or child-occupied facility then all rooms, 

hallways or stairwells shall be sampled.

(ii) Following exterior paint abatement, a visual inspection 

shall be conducted. All horizontal surfaces in the outdoor living 

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

visible dust and debris. The surfaces shall be recleaned when 

visible dust and debris is present. The visual inspection shall be 

conducted to determine the presence of paint chips on the dripline 
3/3/11 12:08 PM [ 71 ] OTS-3638.4

or next to the foundation below any exterior abated surface. Paint 

chips, if present, shall be removed from the site and disposed of 

according to federal, state and local requirements.

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

shall be selected according to documented methodologies.

(iv) The certified and licensed inspector or risk assessor shall 

compare residual lead levels (as determined by laboratory analysis) 

from each single surface dust sample with clearance examination 

standards as defined in these rules for lead in dust on floors and 

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

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

in a single surface dust sample equals or exceeds the applicable 

clearance examination refresher or if the residual lead level in a 

composite dust sample equals or exceeds the applicable clearance 

examination refresher divided by half the number of subsamples in 

the composite sample, the components represented by the failed sample 

shall be recleaned and retested until clearance examination 

standards are met.

(v) The clearance levels for lead in dust are less than 40 μg/ft2

for floors, less than 250 μg/ft2 for interior window sills, and less 

than 400 μg/ft2 for window troughs.

(((j))) (k) In a multifamily dwelling with similarly 

constructed and maintained residential dwellings, random sampling 

for the purposes of clearance may be conducted provided:

(i) The certified individuals who work on or clean the 

residential dwellings do not know which residential dwelling will 

be selected for the random sample.
3/3/11 12:08 PM [ 72 ] OTS-3638.4

(ii) The randomly selected residential dwellings shall be 

sampled and evaluated for clearance according to subsection (8)(i) 

of this section.

(iii) A sufficient number of residential dwellings are selected 

for dust sampling to provide a ninety-five percent level of 

confidence that no more than five percent or fifty of the residential 

dwellings (whichever is smaller) in the randomly sampled population 

exceeds the appropriate clearance examination standards.

(((k))) (l) An abatement report shall be prepared by a certified 

and licensed supervisor or project designer and shall include as a 

minimum the following information:

(i) Start and completion dates of abatement.

(ii) The name, address and telephone number of each certified 

firm conducting the abatement and the name of each supervisor or 

project designer assigned to the abatement project.

(iii) The occupant protection plan.

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

licensed inspector or risk assessor conducting clearance sampling 

and the date(s) that clearance sampling was performed.

(v) The results of clearance sampling and all soil analyses and 

the name of each laboratory conducting analysis of collected samples.

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

abatement methods, location of rooms and/or components where 

abatement occurred, reason for selecting particular abatement 

methods for each component, and any suggested monitoring of 

encapsulants or enclosures.

(((l))) (m) A clearance report shall be prepared by a certified 
3/3/11 12:08 PM [ 73 ] OTS-3638.4

inspector or risk assessor. The clearance report shall include the 

following information:

(i) The property address where the clearance sampling occurred.

(ii) The abatement clean-up completion date and time.

(iii) The date and time of clearance sampling.

(iv) Name and certification number of each inspector or risk 

assessor conducting the clearance.

(v) The signature of the inspector or risk assessor conducting 

the clearance.

(vi) Name, address, telephone number, and certification number 

of the certified firm employing the inspector or risk assessor.

(vii) Results of the visual inspection.

(viii) Identification of containment or noncontainment 

applications.

(ix) Identification of location(s) where clearance samples were 

collected.

(x) Name, address, and telephone number of the laboratory 

analyzing the collected samples.

(xi) All results of laboratory analysis on collected samples, 

including quality control results.

(xii) Documented methodology used for sampling.

(9) Sampling. Any paint chip, dust, or soil samples collected 

pursuant to this section shall be collected by a certified inspector 

or risk assessor. Such sampling shall incorporate sample quality 

control procedures and the samples shall be analyzed by a laboratory 

accredited under the National Lead Laboratory Accreditation Program 

(NLLAP).
3/3/11 12:08 PM [ 74 ] OTS-3638.4

(10) Composite sample. Composite dust sampling may only be 

conducted when conducting a lead hazard screen, risk assessment, or 

postabatement activities. If conducted, the composite dust samples 

shall consist of at least two subsamples, every component that is 

being tested shall be included in the sampling, and shall not consist 

of subsamples from more than one type of component.

(11) Reports or plans. All lead-based paint activity reports 

or plans shall be maintained by the certified firms or individual 

who prepared the report for no fewer than three years and six months.

(a) The following reports must be submitted to the department 

as specified in WAC 365-230-100 and 365-230-220:

(i) Notification of lead-based paint activities course to take 

place.

(ii) Notification of lead-based paint activities course that 

has taken place.

(iii) Notice of abatement.

(b) All reports required by these rules may be submitted on forms 

available from the department. The exhibit referred to in this rule 

is not printed in this WAC. Copies are available as follows from 

department of ((community, trade, and economic development)) 

commerce:

Lead-Based Paint Program, P.O. Box 42525, Olympia, WA 

98504-2525

Telephone number: ((360-586-5373)) 360-586-5323

((Fax number: 360-586-5880))

Web site: ((www.cted.wa.gov/lead)) 

www.commerce.wa.gov/lead.
3/3/11 12:08 PM [ 75 ] OTS-3638.4

[Statutory Authority: Chapter 70.103 RCW. 07-07-044, § 

365-230-200, filed 3/13/07, effective 4/13/07. Statutory 

Authority: RCW 70.103.0030(2) [70.103.030(2)], 70.103.020, 

70.103.030, 70.103.040, 70.103.050, 70.103.060, 70.103.070, 

70.103.080, 70.103.090. 04-10-037, § 365-230-200, filed 4/29/04, 

effective 5/30/04.]

AMENDATORY SECTION (Amending WSR 07-07-044, filed 3/13/07, 

effective 4/13/07)

WAC 365-230-210 Determinations of lead-based paint and 

lead-based paint hazards. (1) Lead-based paint is present:

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

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

or in excess of 5,000 parts per million, or equal to or in excess 

of 0.5 percent by weight; and

(b) On any surface similar to a surface tested in the same room 

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

lead-based paint.

(2) A paint-lead hazard is present:

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

the lead dust levels on the nearest horizontal surface (e.g., the 

window sill or floor) are equal to or greater than the dust hazard 

levels identified in the "clearance examination standards" 

definition of these rules;
3/3/11 12:08 PM [ 76 ] OTS-3638.4

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

evidence of teeth marks;

(c) Where there is any damaged or otherwise deteriorated

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

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

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

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

residential building or child-occupied facility or on the exterior 

of any residential building or child-occupied facility.

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

child-occupied facility:

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

sills when the weighted arithmetic mean lead loading for all single 

surface or composite samples of floors and interior window sills is 

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

interior window sills, respectively;

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

residential dwelling in a multifamily dwelling, if a dust-lead hazard 

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

least one sampled residential unit on the property; and

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

area in a multifamily dwelling, if a dust-lead hazard is present on 

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

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

(4) A soil-lead hazard is present in a residential dwelling or 

child-occupied facility when the soil-lead concentration from a 

composite sample of bare soil is equal to or greater than 250 ppm.
3/3/11 12:08 PM [ 77 ] OTS-3638.4

[Statutory Authority: Chapter 70.103 RCW. 07-07-044, § 

365-230-210, filed 3/13/07, effective 4/13/07. Statutory 

Authority: RCW 70.103.0030(2) [70.103.030(2)], 70.103.020, 

70.103.030, 70.103.040, 70.103.050, 70.103.060, 70.103.070, 

70.103.080, 70.103.090. 04-10-037, § 365-230-210, filed 4/29/04, 

effective 5/30/04.]

AMENDATORY SECTION (Amending WSR 07-07-044, filed 3/13/07, 

effective 4/13/07)

WAC 365-230-220 Notice of abatement. A certified firm shall 

notify the department of lead-based paint abatement activities as 

follows:

(1) Except as provided in subsection (2) of this section, the 

department must be notified prior to conducting lead-based paint 

abatement activities. The original notice must be received by the 

department at least five business days before lead-based paint 

abatement activities begin.

(2) Notice for abatement activities required in response to an 

elevated blood lead level (EBL) determination, or federal, state, 

tribal, or local emergency abatement order must be received by the 

department as early as possible before, but not later than the day 

lead-based paint abatement activities begin. Documentation showing 

evidence of an EBL determination or a copy of the 

federal/state/tribal/local emergency abatement order must be 
3/3/11 12:08 PM [ 78 ] OTS-3638.4

included in the notification to take advantage of this abbreviated 

notification period.

(3) Updated notice of a new start date must be provided to the 

department for lead-based paint abatement activities that will begin 

on a date other than the date specified in the original notification 

notice, as follows:

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

to the original start date, an updated notice must be received by 

the department at least five business days before the revised start 

date.

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

the original start date, an updated notice must be received by the 

department on or before the original start date.

(4) The certified firm shall update the department of any change 

in location of lead-based paint abatement activities at least five 

business days prior to the project start date.

(5) The certified firm shall also update the department 

regarding the cancellation of any lead-based paint abatement 

activities, or other significant changes including, but not limited 

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

least twenty percent. This updated notice must be received by the 

department on or before the start date provided to the department, 

or if work has already begun, within twenty-four hours of the change.

(6) The following shall be included in each notice:

(a) Notification type (original, updated, cancellation).

(b) Date when lead-based paint abatement activities will 

commence.
3/3/11 12:08 PM [ 79 ] OTS-3638.4

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

(approximation using best professional judgment).

(d) Firm's name, the department certification number, address, 

phone number.

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

dwelling, child-occupied facilities) on/in which abatement work will 

be performed.

(f) Property name (if applicable).

(g) Property address including apartment or unit number (if 

applicable) for abatement work.

(h) Documentation showing evidence of an EBL determination or 

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

if applicable.

(i) Name and department certification number of the certified 

supervisor or project designer.

(j) Approximate square footage/acreage to be abated.

(k) Brief description of abatement activities to be performed.

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

certified firm who prepared the notification.

(7) Notification shall be accomplished using ((any)) one of the 

following methods: Written ((notice, or by e-mail)) or electronic. 

((All notices submitted by e-mail must be followed by written notice 

within twenty-four hours of submission. Written)) Notification can 

be accomplished using either the sample form titled "Notice of 

Abatement" or similar form. All written notices shall be delivered 

by U.S. Postal Service, fax, commercial delivery service, or hand 

delivery. (Persons submitting notification by U.S. Postal Service 
3/3/11 12:08 PM [ 80 ] OTS-3638.4

are reminded that they should allow sufficient time for delivery to 

ensure that the department receives the notification by the required 

date.) Instructions and sample forms can be obtained from the 

department via phone 360-586-5323 ((or fax 360-588-5880)), or on the 

internet at ((http://www.cted.gov/lead)) 

http://www.commerce.gov/lead.

(8) In the event of changes to the information provided in the 

original notification, lead-based paint abatement activities shall 

not begin on a date, or at a location, other than that specified in 

either an original or updated notice.

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

abatement activities, as defined in WAC 365-230-200 prior to 

notifying the department of such activities according to 

requirements of this section. No lead-based paint abatement 

activities described in the notice of abatement may begin until the 

notice has been approved by the department.

[Statutory Authority: Chapter 70.103 RCW. 07-07-044, § 

365-230-220, filed 3/13/07, effective 4/13/07. Statutory 

Authority: RCW 70.103.0030(2) [70.103.030(2)], 70.103.020, 

70.103.030, 70.103.040, 70.103.050, 70.103.060, 70.103.070, 

70.103.080, 70.103.090. 04-10-037, § 365-230-220, filed 4/29/04, 

effective 5/30/04.]

365-230-230

Inspections.

 (1) The director or the director's designee is authorized to inspect, without cost, and at reasonable times and, 

when feasible, with at least twenty-four hours prior notification:
3/3/11 12:08 PM [ 81 ] OTS-3638.4

(a) Premises or facilities where those engaged in training for lead-based paint activities conduct business; and

(b) The business records of, and take samples at, the businesses accredited or certified under this chapter to 

conduct lead-based paint training or activities.

Any accredited training program or any firm or individual certified under this chapter that denies access to the 

department for the purposes of this subsection is subject to deaccreditation or decertification.

(2) The director or the director's designee is authorized to inspect premises or facilities where violations may 

occur concerning lead-based paint activities, as defined under WAC 365-230-020, at reasonable times and, when 

feasible, with at least forty-eight hours prior notification of the inspection.

(3) Prior to receipt of federal lead-based paint abatement funding, all premises or facility owners shall be notified 

by any entity that receives and disburses the federal funds that an inspection may be conducted. If a premises or 

facility owner does not wish to have an inspection conducted, that owner is not eligible to receive lead-based paint 

abatement funding.

[Statutory Authority: RCW 70.103.0030(2) [70.103.030(2)],70.103.020 , 70.103.030, 70.103.040, 70.103.050, 70.103.060,70.103.070 , 

70.103.080, 70.103.090. 04-10-037, § 365-230-230, filed 4/29/04, effective 5/30/04.]

AMENDATORY SECTION (Amending WSR 04-10-037, filed 4/29/04, 

effective 5/30/04)

WAC 365-230-240 Suspension, revocation and modification of 

accredited training course or lead-based paint certification. (1) 

The department may suspend, revoke or modify accreditation of a 

training course, or the lead-based paint certification of an 

individual or firm, and may assess a civil penalty, if the individual, 

entity, or responsible party under these rules has:

(a) Failed to comply with a requirement of chapter 70.103 RCW 

or the rules adopted thereunder; or

(b) Obtained or retained accreditation or certification by 

error, misrepresentation, or fraud.

(2) The department may assess a civil penalty against any person 

who engages in lead-based paint ((activity)) activities or 

renovation without certification from the department or who offers 

to provide or provides lead-based paint training courses without 

accreditation from the department.
3/3/11 12:08 PM [ 82 ] OTS-3638.4

(3) Prior to denying, suspending, revoking, or modifying an 

accreditation or certification, or imposing a civil penalty, the 

department in writing shall notify the affected entity of:

(a) The factual and legal basis for the alleged violation;

(b) The penalty assessed for the alleged violation;

(c) The date on which the penalties take effect; and

(d) The opportunity to contest the action by requesting an 

adjudicative proceeding within twenty days of notice of the action.

(4) Whenever an affected entity does not timely request an 

adjudication proceeding to contest the department's action, the 

action becomes final and binding on the day specified in the 

notification of action. Except as provided in subsection (3) of 

this section, the filing of a timely request for an adjudicative 

proceeding stays any action against the affected entity until 

completion of the adjudicative proceeding.

(5) Whenever the department determines that the public health, 

safety, or welfare warrants immediate action, the department may 

summarily suspend accreditation or certification prior to the 

opportunity for an adjudicative proceeding, as provided in RCW 

34.05.479.

(6) Any request for adjudicative proceeding shall be conducted 

by the department under chapters 34.05 RCW and 10-08 WAC.

(7) The public shall be notified of the suspension, revocation, 

modification or reinstatement of a training program's accreditation 

through appropriate mechanisms.

(8) Department shall maintain a list, available to the public, 

of entities whose accreditation has been suspended, revoked, or 
3/3/11 12:08 PM [ 83 ] OTS-3638.4

modified.

[Statutory Authority: RCW 70.103.0030(2) [70.103.030(2)], 

70.103.020, 70.103.030, 70.103.040, 70.103.050, 70.103.060, 

70.103.070, 70.103.080, 70.103.090. 04-10-037, § 365-230-240, 

filed 4/29/04, effective 5/30/04.]

AMENDATORY SECTION (Amending WSR 04-10-037, filed 4/29/04, 

effective 5/30/04)

WAC 365-230-250 Schedule of penalties. (1) The standard 

penalty for each violation shall be a maximum:

First violation of any section, five hundred dollars and/or ten 

days suspension.

Second violation of any section, one thousand dollars and/or 

twenty days suspension.

Third violation of any section, one thousand five hundred 

dollars and/or thirty days suspension.

Fourth violation of any section, two thousand dollars and/or 

one year suspension or revocation.

Fifth violation of any section, five thousand dollars and/or 

one year suspension (or more) or revocation.

(2) The department may aggravate the maximum standard penalty 

in an amount not to exceed ((five)) ten thousand dollars per violation 

and/or revocation, based on the following factors:

(a) The violation caused or had the potential to cause injury 
3/3/11 12:08 PM [ 84 ] OTS-3638.4

to humans or significant property damage;

(b) The violation involved fraud or intentional 

misrepresentation;

(c) The violation was similar to a previous violation; or

(d) The violator obstructed or failed to cooperate with the 

department's investigation of the violation.

(3) The department may mitigate the maximum standard penalty 

if the violator has cooperated with the department's investigation 

and has voluntarily undertaken steps to prevent reoccurrence of the 

same violation.

(4) Any person or entity whose accreditation or certification 

has been revoked shall not be eligible to reapply for one year from 

the effective date of the final order of revocation.

[Statutory Authority: RCW 70.103.0030(2) [70.103.030(2)], 

70.103.020, 70.103.030, 70.103.040, 70.103.050, 70.103.060, 

70.103.070, 70.103.080, 70.103.090. 04-10-037, § 365-230-250, 

filed 4/29/04, effective 5/30/04.]

AMENDATORY SECTION (Amending WSR 04-10-037, filed 4/29/04, 

effective 5/30/04)

WAC 365-230-260 Certification fees. The following fees are 

established for certification:

(1) Firms, inspectors, risk assessors, renovators, dust wipe 

sampling technicians, supervisors, project designers and workers 
3/3/11 12:08 PM [ 85 ] OTS-3638.4

shall pay a nonrefundable certification or recertification fee of 

twenty-five dollars.

(2) All fees shall be in the form of a check or money order made 

out to the department of ((community, trade, and economic 

development)) commerce.

[Statutory Authority: RCW 70.103.0030(2) [70.103.030(2)], 

70.103.020, 70.103.030, 70.103.040, 70.103.050, 70.103.060, 

70.103.070, 70.103.080, 70.103.090. 04-10-037, § 365-230-260, 

filed 4/29/04, effective 5/30/04.]

365-230-270

Other state regulations concerning lead.

The following Washington state regulations may apply to contractors working with lead. Consult the appropriate 

agency for more information regarding specific requirements:

(1) Department of ecology or any successor agency.

(2) Department of labor and industries or any successor agency.

[Statutory Authority: RCW 70.103.0030(2) [70.103.030(2)],70.103.020 , 70.103.030, 70.103.040, 70.103.050, 70.103.060,70.103.070 , 

70.103.080, 70.103.090. 04-10-037, § 365-230-270, filed 4/29/04, effective 5/30/04.]

LEAD-BASED PAINT RENOVATION

Renovation Definitions, Work Practices, Renovator and Dust Wipe 

Sampling Technician Certification, Renovation Firm 

Certification, Information Distribution Requirements, etc.

Residential property renovation rules.

This part contains regulations developed under sections 402 and 406 of the Toxic Substances Control Act (15 U.S.C. 2682 and 

2686) cite RCW statutory authority here and applies to all renovations performed for compensation in target housing and 
3/3/11 12:08 PM [ 86 ] OTS-3638.4

child-occupied facilities.

NEW SECTION

WAC 365-230-280 Purpose. (1) Owners and occupants of target 

housing and child-occupied facilities receive information on 

lead-based paint hazards before these renovations begin; and

(2) Individuals performing renovations regulated in accordance 

with WAC 365-230-300 are properly trained; renovators and firms 

performing these renovations are certified; and the work practices 

in WAC 365-230-330 are followed during these renovations.

[]
3/3/11 12:08 PM [ 87 ] OTS-3638.4

NEW SECTION

WAC 365-230-290 Effective dates. (1) Training, 

certification and accreditation requirements, and work practice 

standards. The training, certification and accreditation 

requirements, and work practice standards in this section are 

applicable in Washington state. The training, certification and 

accreditation requirements, and work practice standards in this 

section will become effective as follows:

(a) Training programs. Effective May 15, 2011, no training 

program may provide, offer, or claim to provide training or refresher 

training for department certification as a renovator or a dust 

sampling technician without accreditation from the department under 

WAC 365-230-030. Training programs may apply for accreditation 

under WAC 365-230-030 beginning March 15, 2011.

(b) Firms.

(i) Firms may apply for certification under WAC 365-230-360 

beginning March 15, 2011.

(ii) On or after the implementation date, no firm may perform, 

offer, or claim to perform renovations for compensation without 

certification from the department under WAC 365-230-360 in target 

housing or child-occupied facilities, unless the renovation 

qualifies for one of the exceptions identified in WAC 365-230-300(1).

(c) Individuals. On or after the implementation date, all 
3/3/11 12:08 PM [ 88 ] OTS-3638.4

renovations must be directed by renovators certified in accordance 

with WAC 365-230-380(1) and performed by certified renovators or 

individuals trained in accordance with WAC 365-230-340 (2)(b) in 

target housing or child-occupied facilities, unless the renovation 

qualifies for one of the exceptions identified in WAC 365-230-300(1).

(d) Work practices. On or after the implementation date, all 

renovations must be performed in accordance with the work practice 

standards in WAC 365-230-330 and the recordkeeping requirements in 

WAC 365-230-340 (2)(a) and (f) in target housing or child-occupied 

facilities, unless the renovation qualifies for one of the exceptions 

identified in WAC 365-230-300(1).

(e) Suspension and revocation provisions in WAC 365-230-390 are 

effective upon implementation of these rules.

(2) Renovation-specific pamphlet. Renovators or firms 

performing renovations in Washington state must provide owners and

occupants with "The Lead-Safe Certified Guide To Renovate Right."

(3) Prerenovation education rule. With the exception of the 

requirement to use the pamphlet entitled "The Lead-Safe Certified 

Guide To Renovate Right" the provisions of the prerenovation 

education rule have been in effect since June 1999, Toxic Substance 

Control Act (TSCA 406b).

[]
3/3/11 12:08 PM [ 89 ] OTS-3638.4

NEW SECTION

WAC 365-230-300 Applicability. This section applies to all 

renovations performed for compensation in target housing and 

child-occupied facilities, except for the following:

(1) Renovations in target housing or child-occupied facilities 

in which a written determination has been made by an inspector or 

risk assessor (certified pursuant to WAC 365-230-130) that the 

components affected by the renovation are free of paint or other 

surface coatings that contain lead equal to or in excess of 1.0 

milligram per square centimeter (mg/cm2) or 0.5 percent by weight, 

where the firm performing the renovation has obtained a copy of the 

determination.

(2)(a) Renovations in target housing or child-occupied 

facilities in which a certified renovator, using an EPA-recognized 

test kit as defined in WAC 365-230-350 and following the kit 

manufacturer's instructions, has tested each component affected by 

the renovation and determined that the components are free of paint 

or other surface coatings that contain lead equal to or in excess 

of 1.0 mg/cm2 or 0.5 percent by weight. If the components make up 

an integrated whole, such as the individual stair treads and risers 

of a single staircase, the renovator is required to test only one 

of the individual components, unless the individual components 

appear to have been repainted or refinished separately.
3/3/11 12:08 PM [ 90 ] OTS-3638.4

(b) The information distribution requirements in WAC 

365-230-320 do not apply to emergency renovations, which are 

renovation activities that were not planned but result from a sudden, 

unexpected event (such as nonroutine failures of equipment) that, 

if not immediately attended to, presents a safety or public health 

hazard, or threatens equipment and/or property with significant 

damage. Interim controls performed in response to an elevated 

blood-lead level in a resident child are also emergency renovations. 

Emergency renovations other than interim controls are also exempt 

from the warning sign, containment, waste handling, training, and 

certification requirements in WAC 365-230-330, 365-230-360, and 

365-230-380 to the extent necessary to respond to the emergency. 

Emergency renovations are not exempt from the cleaning requirements 

of WAC 365-230-330 (1)(e), which must be performed by certified 

renovators or individuals trained in accordance with WAC 365-230-385 

(1)(b), the cleaning verification requirements of WAC 

365-230-330(2), which must be performed by certified renovators, and 

the recordkeeping requirements of WAC 365-230-340 (2)(f).

[]
3/3/11 12:08 PM [ 91 ] OTS-3638.4

NEW SECTION

WAC 365-230-310 Definitions. For purposes of this chapter, 

the definitions in WAC 365-230-020 and the following definitions 

apply: 

"Cleaning verification card" means a card developed and 

distributed, or otherwise approved, by EPA for the purpose of 

determining, through comparison of wet and dry disposable cleaning 

cloths with the card, whether postrenovation cleaning has been 

properly completed.

"Department" means the Washington department of commerce 

lead-based paint program. 

"Dry disposable cleaning cloth" means a commercially available 

dry, electrostatically charged, white disposable cloth designed to 

be used for cleaning hard surfaces such as uncarpeted floors or 

countertops.

"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.

"HEPA vacuum" means a vacuum cleaner which has been designed 

with a high-efficiency particulate air (HEPA) filter as the last 

filtration stage. A HEPA filter is a filter that is capable of 

capturing particles of 0.3 microns with 99.97 percent efficiency. 
3/3/11 12:08 PM [ 92 ] OTS-3638.4

The vacuum cleaner must be designed so that all the air drawn into 

the machine is expelled through the HEPA filter with none of the air 

leaking past it.

"Minor repair and maintenance activities" means activities, 

including minor heating, ventilation or air conditioning work, 

electrical work, and plumbing, that disrupt six square feet or less 

of painted surface per room for interior activities or twenty square 

feet or less of painted surface for exterior activities where none 

of the work practices prohibited or restricted by WAC 365-230-330 

(1)(c) 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 thirty days must be considered the same job for the purpose of 

determining whether the job is a minor repair and maintenance 

activity.

"Pamphlet" means the EPA pamphlet titled "The Lead-Safe 

Certified Guide to Renovate Right" developed under section 406(a) 

of TSCA for use in complying with section 406(b) of TSCA. This 

includes reproductions of the pamphlet when copied in full and 

without revision or deletion of material from the pamphlet.

"Recognized test kit" means a commercially available kit 

recognized by EPA under §745.88 as being capable of allowing a user 

to determine the presence of lead at levels equal to or in excess 

of 1.0 milligram per square centimeter, or more than 0.5 percent lead 

by weight, in a paint chip, paint powder, or painted surface.
3/3/11 12:08 PM [ 93 ] OTS-3638.4

"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 under WAC 365-230-200. 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 section. The 

term renovation does not include minor repair and maintenance 

activities.

"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 EPA or an EPA-authorized state or tribal program.

"Wet disposable cleaning cloth" means a commercially available, 

premoistened white disposable cloth designed to be used for cleaning 

hard surfaces such as uncarpeted floors or counter tops.

"Wet mopping system" means a device with the following 

characteristics: A long handle, a mop head designed to be used with 
3/3/11 12:08 PM [ 94 ] OTS-3638.4

disposable absorbent cleaning pads, a reservoir for cleaning 

solution, and a built-in mechanism for distributing or spraying the 

cleaning solution onto a floor, or a method of equivalent efficacy.

"Work area" means the area that the certified renovator 

establishes to contain the dust and debris generated by a renovation.

[]

NEW SECTION

WAC 365-230-320 Information distribution requirements. (1) 

Renovations in dwelling units. No more than sixty days before 

beginning renovation activities in any residential dwelling unit of 

target housing, the firm performing the renovation must:

(a) Provide the owner of the unit with the pamphlet, and comply 

with one of the following:

(i) Obtain, from the owner, a written acknowledgment that the 

owner has received the pamphlet.

(ii) Obtain a certificate of mailing at least seven days prior 

to the renovation.

(b) In addition to the requirements in subsection (1)(a) of this 

section, if the owner does not occupy the dwelling unit, provide an 

adult occupant of the unit with the pamphlet, and comply with one 

of the following:

(i) Obtain, from the adult occupant, a written acknowledgment 
3/3/11 12:08 PM [ 95 ] OTS-3638.4

that the occupant has received the pamphlet; or certify in writing 

that a pamphlet has been delivered to the dwelling and that the firm 

performing the renovation has been unsuccessful in obtaining a 

written acknowledgment from an adult occupant. Such certification 

must include the address of the unit undergoing renovation, the date 

and method of delivery of the pamphlet, names of the persons 

delivering the pamphlet, reason for lack of acknowledgment (e.g., 

occupant refuses to sign, no adult occupant available), the signature 

of a representative of the firm performing the renovation, and the 

date of signature.

(ii) Obtain a certificate of mailing at least seven days prior 

to the renovation.

(2) Renovations in common areas. No more than sixty days before 

beginning renovation activities in common areas of multiunit target 

housing, the firm performing the renovation must:

(a) Provide the owner with the pamphlet, and comply with one 

of the following:

(i) Obtain, from the owner, a written acknowledgment that the 

owner has received the pamphlet.

(ii) Obtain a certificate of mailing at least seven days prior 

to the renovation.

(b) Comply with one of the following:

(i) Notify in writing, or ensure written notification of, each 

affected unit and make the pamphlet available upon request prior to 

the start of renovation. Such notification shall be accomplished 

by distributing written notice to each affected unit. The notice 

shall describe the general nature and locations of the planned 
3/3/11 12:08 PM [ 96 ] OTS-3638.4

renovation activities; the expected starting and ending dates; and 

a statement of how the occupant can obtain the pamphlet and a copy 

of the records required under WAC 365-230-340 at no cost to the 

occupants; or

(ii) While the renovation is ongoing, post informational signs 

describing the general nature and locations of the renovation and 

the anticipated completion date. These signs must be posted in areas 

where they are likely to be seen by the occupants of all of the 

affected units. The signs must be accompanied by a posted copy of 

the pamphlet or information on how interested occupants can review 

a copy of the pamphlet or obtain a copy from the renovation firm at 

no cost to occupants. The signs must also include information on 

how interested occupants can receive a copy of the records required 

by WAC 365-230-340 (3) and (4) or obtain a copy from the renovation 

firm at no cost to the occupants.

(c) Prepare, sign, and date a statement describing the steps 

performed to notify all occupants of the intended renovation 

activities and to provide the pamphlet.

(d) If the scope, locations, or expected starting and ending 

dates of the planned renovation activities change after the initial 

notification, and the firm provided written initial notification to 

each affected unit, the firm performing the renovation must provide 

further written notification to the owners and occupants providing 

revised information on the ongoing or planned activities. This 

subsequent notification must be provided before the firm performing 

the renovation initiates work beyond that which was described in the 

original notice.
3/3/11 12:08 PM [ 97 ] OTS-3638.4

(3) Renovations in child-occupied facilities. No more than 

sixty days before beginning renovation activities in any 

child-occupied facility, the firm performing the renovation must:

(a)(i) Provide the owner of the building with the pamphlet, and 

comply with one of the following:

(A) Obtain, from the owner, a written acknowledgment that the 

owner has received the pamphlet.

(B) Obtain a certificate of mailing at least seven days prior 

to the renovation.

(ii) If the child-occupied facility is not the owner of the 

building, provide an adult representative of the child-occupied 

facility with the pamphlet, and comply with one of the following:

(A) Obtain, from the adult representative, a written 

acknowledgment that the adult representative has received the 

pamphlet; or certify in writing that a pamphlet has been delivered 

to the facility and that the firm performing the renovation has been 

unsuccessful in obtaining a written acknowledgment from an adult 

representative. Such certification must include the address of the 

child-occupied facility undergoing renovation, the date and method 

of delivery of the pamphlet, names of the persons delivering the 

pamphlet, reason for lack of acknowledgment (e.g., representative 

refuses to sign), the signature of a representative of the firm 

performing the renovation, and the date of signature.

(B) Obtain a certificate of mailing at least seven days prior 

to the renovation.

(b) Provide the parents and guardians of children using the 

child-occupied facility with the pamphlet and information describing 
3/3/11 12:08 PM [ 98 ] OTS-3638.4

the general nature and locations of the renovation and the 

anticipated completion date, and information on how interested 

parents or guardians of children frequenting the child-occupied 

facility can review a copy of the records required under WAC 

365-230-340 (3) and (4) or obtain a copy from the renovation firm 

at no cost to the occupants by complying with one of the following:

(i) Mail or hand-deliver the pamphlet and the renovation 

information to each parent or guardian of a child using the 

child-occupied facility.

(ii) While the renovation is ongoing, post informational signs 

describing the general nature and locations of the renovation and 

the anticipated completion date. These signs must be posted in areas 

where they can be seen by the parents or guardians of the children 

frequenting the child-occupied facility. The signs must be 

accompanied by a posted copy of the pamphlet or information on how 

interested parents or guardians of children frequenting the 

child-occupied facility can review a copy of the pamphlet or obtain 

a copy from the renovation firm at no cost to the parents or guardians. 

The signs must also include information on how interested parents 

or guardians of children frequenting the child-occupied facility can 

review a copy of the records required under WAC 365-230-340 (3) and 

(4) or obtain a copy from the renovation firm at no cost to the parents 

or guardians.

(c) The renovation firm must prepare, sign, and date a statement 

describing the steps performed to notify all parents and guardians 

of the intended renovation activities and to provide the pamphlet.

(4) Written acknowledgment. The written acknowledgments 
3/3/11 12:08 PM [ 99 ] OTS-3638.4

required by subsection (1)(a)(i) and (b)(i) of this section, 

subsection (2)(a)(i) of this section, subsection (3)(a)(i)(A) and 

(a)(ii)(A) of this section must:

(a) Include a statement recording the owner or occupant's name 

and acknowledging receipt of the pamphlet prior to the start of 

renovation, the address of the unit undergoing renovation, the 

signature of the owner or occupant as applicable, and the date of 

signature.

(b) Be either a separate sheet or part of any written contractor 

service agreement for the renovation.

(c) Be written in the same language as the text of the contractor 

agreement for the renovation or, in the case of nonowner occupied 

target housing, in the same language as the lease or rental agreement 

or the pamphlet.

[]

NEW SECTION

WAC 365-230-330 Work practice standards. (1) Standards for 

renovation activities. Renovations must be performed by certified 

firms using certified renovators as directed under WAC 365-230-370. 

The responsibilities of certified firms are set forth under WAC 

365-230-360 and the responsibilities of certified renovators are set 

forth under WAC 365-230-380.
3/3/11 12:08 PM [ 100 ] OTS-3638.4

(a) Occupant protection. Firms must post signs clearly 

defining the work area and warning occupants and other persons not 

involved in renovation activities to remain outside of the work area. 

To the extent practicable, these signs must be in the primary language 

of the occupants. These signs must be posted before beginning the 

renovation and must remain in place and readable until the renovation 

and the postrenovation cleaning verification have been completed. 

If warning signs have been posted in accordance with 24 CFR 

35.1345(b)(2) or 29 CFR 1926.62(m), additional signs are not required 

by this section.

(b) Containing the work area. Before beginning the renovation, 

the firm must isolate the work area so that no dust or debris leaves 

the work area while the renovation is being performed. In addition, 

the firm must maintain the integrity of the containment by ensuring 

that any plastic or other impermeable materials are not torn or 

displaced, and taking any other steps necessary to ensure that no 

dust or debris leaves the work area while the renovation is being 

performed. The firm must also ensure that containment is installed 

in such a manner that it does not interfere with occupant and worker 

egress in an emergency.

(i) Interior renovations. The firm must:

(A) Remove all objects from the work area, including furniture, 

rugs, and window coverings, or cover them with plastic sheeting or 

other impermeable material with all seams and edges taped or 

otherwise sealed.

(B) Close and cover all ducts opening in the work area with 

taped-down plastic sheeting or other impermeable material.
3/3/11 12:08 PM [ 101 ] OTS-3638.4

(C) Close windows and doors in the work area. Doors must be 

covered with plastic sheeting or other impermeable material. Doors 

used as an entrance to the work area must be covered with plastic 

sheeting or other impermeable material in a manner that allows 

workers to pass through while confining dust and debris to the work 

area.

(D) Cover the floor surface, including installed carpet, with 

taped-down plastic sheeting or other impermeable material in the work 

area six feet beyond the perimeter of surfaces undergoing renovation 

or a sufficient distance to contain the dust, whichever is greater.

(E) Use precautions to ensure that all personnel, tools, and 

other items, including the exteriors of containers of waste, are free 

of dust and debris before leaving the work area.

(ii) Exterior renovations. The firm must:

(A) Close all doors and windows within twenty feet of the 

renovation. On multistory buildings, close all doors and windows 

within twenty feet of the renovation on the same floor as the 

renovation, and close all doors and windows on all floors below that 

are the same horizontal distance from the renovation.

(B) Ensure that doors within the work area that will be used 

while the job is being performed are covered with plastic sheeting 

or other impermeable material in a manner that allows workers to pass 

through while confining dust and debris to the work area.

(C) Cover the ground with plastic sheeting or other disposable 

impermeable material extending ten feet beyond the perimeter of 

surfaces undergoing renovation or a sufficient distance to collect 

falling paint debris, whichever is greater, unless the property line 
3/3/11 12:08 PM [ 102 ] OTS-3638.4

prevents ten feet of such ground covering.

(D) In certain situations, the renovation firm must take extra 

precautions in containing the work area to ensure that dust and debris 

from the renovation does not contaminate other buildings or other 

areas of the property or migrate to adjacent properties.

(c) Prohibited and restricted practices. The work practices 

listed below shall be prohibited or restricted during a renovation 

as follows:

(i) Open-flame burning or torching of painted surfaces is 

prohibited.

(ii) The use of machines designed to remove paint through high 

speed operation such as sanding, grinding, power planing, needle gun,

abrasive blasting, or sandblasting, is prohibited unless such 

machines are used with a HEPA exhaust control.

(iii) Operating a heat gun on painted surfaces is permitted only 

at temperatures below 1,100F.

(d) Waste from renovations.

(i) Waste from renovation activities must be contained to 

prevent releases of dust and debris before the waste is removed from 

the work area for storage or disposal. If a chute is used to remove 

waste from the work area, it must be covered.

(ii) At the conclusion of each work day and at the conclusion 

of the renovation, waste that has been collected from renovation 

activities must be stored under containment, in an enclosure, or 

behind a barrier that prevents release of dust and debris out of the 

work area and prevents access to dust and debris.

(iii) When the firm transports waste from renovation 
3/3/11 12:08 PM [ 103 ] OTS-3638.4

activities, the firm must contain the waste to prevent release of 

dust and debris.

(e) Cleaning the work area. After the renovation has been 

completed, the firm must clean the work area until no dust, debris 

or residue remains.

(i) Interior and exterior renovations. The firm must:

(A) Collect all paint chips and debris and, without dispersing 

any of it, seal this material in a heavy-duty bag.

(B) Remove the protective sheeting. Mist the sheeting before 

folding it, fold the dirty side inward, and either tape shut to seal 

or seal in heavy-duty bags. Sheeting used to isolate contaminated 

rooms from noncontaminated rooms must remain in place until after 

the cleaning and removal of other sheeting. Dispose of the sheeting 

as waste.

(ii) Additional cleaning for interior renovations. The firm 

must clean all objects and surfaces in the work area and within two 

feet of the work area in the following manner, cleaning from higher 

to lower:

(A) Walls. Clean walls starting at the ceiling and working down 

to the floor by either vacuuming with a HEPA vacuum or wiping with 

a damp cloth.

(B) Remaining surfaces. Thoroughly vacuum all remaining 

surfaces and objects in the work area, including furniture and 

fixtures, with a HEPA vacuum. The HEPA vacuum must be equipped with 

a beater bar when vacuuming carpets and rugs.

(C) Wipe all remaining surfaces and objects in the work area, 

except for carpeted or upholstered surfaces, with a damp cloth. Mop 
3/3/11 12:08 PM [ 104 ] OTS-3638.4

uncarpeted floors thoroughly, using a mopping method that keeps the 

wash water separate from the rinse water, such as the two-bucket 

mopping method, or using a wet mopping system.

(2) Standards for postrenovation cleaning verification.

(a) Interiors.

(i) A certified renovator must perform a visual inspection to 

determine whether dust, debris, or residue is still present. If 

dust, debris, or residue is present, these conditions must be removed 

by recleaning and another visual inspection must be performed.

(ii) After a successful visual inspection, a certified 

renovator must:

(A) Verify that each windowsill in the work area has been 

adequately cleaned, using the following procedure:

(I) Wipe the windowsill with a wet disposable cleaning cloth 

that is damp to the touch. If the cloth matches or is lighter than 

the cleaning verification card, the windowsill has been adequately 

cleaned.

(II) If the cloth does not match and is darker than the cleaning 

verification card, reclean the windowsill as directed in this 

section, then either use a new cloth or fold the used cloth in such 

a way that an unused surface is exposed, and wipe the surface again. 

If the cloth matches or is lighter than the cleaning verification 

card, that windowsill has been adequately cleaned.

(III) If the cloth does not match and is darker than the cleaning 

verification card, wait for one hour or until the surface has dried 

completely, whichever is longer.

(IV) After waiting for the windowsill to dry, wipe the 
3/3/11 12:08 PM [ 105 ] OTS-3638.4

windowsill with a dry disposable cleaning cloth. After this wipe, 

the windowsill has been adequately cleaned.

(B) Wipe uncarpeted floors and countertops within the work area 

with a wet disposable cleaning cloth. Floors must be wiped using 

an application device with a long handle and a head to which the cloth 

is attached. The cloth must remain damp at all times while it is 

being used to wipe the surface for postrenovation cleaning 

verification. If the surface within the work area is greater than 

forty square feet, the surface within the work area must be divided 

into roughly equal sections that are each less than forty square feet. 

Wipe each such section separately with a new wet disposable cleaning 

cloth. If the cloth used to wipe each section of the surface within 

the work area matches the cleaning verification card, the surface 

has been adequately cleaned.

(I) If the cloth used to wipe a particular surface section does 

not match the cleaning verification card, reclean that section of 

the surface as directed in this section, then use a new wet disposable 

cleaning cloth to wipe that section again. If the cloth matches the 

cleaning verification card, that section of the surface has been 

adequately cleaned.

(II) If the cloth used to wipe a particular surface section does 

not match the cleaning verification card after the surface has been 

recleaned, wait for one hour or until the entire surface within the 

work area has dried completely, whichever is longer.

(III) After waiting for the entire surface within the work area 

to dry, wipe each section of the surface that has not yet achieved 

postrenovation cleaning verification with a dry disposable cleaning 
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cloth. After this wipe, that section of the surface has been 

adequately cleaned.

(iii) When the work area passes the postrenovation cleaning 

verification, remove the warning signs.

(b) Exteriors. A certified renovator must perform a visual 

inspection to determine whether dust, debris or residue is still 

present on surfaces in and below the work area, including windowsills 

and the ground. If dust, debris or residue is present, these 

conditions must be eliminated and another visual inspection must be 

performed. When the area passes the visual inspection, remove the 

warning signs.

(3) Optional dust clearance testing. Cleaning verification 

need not be performed if the contract between the renovation firm 

and the person contracting for the renovation or another federal, 

state, territorial, tribal or local law requires dust wipe sampling.

(a) The renovation firm to perform dust clearance sampling at 

the conclusion of a renovation covered by this section.

(b) The dust clearance samples are required to be collected by 

a certified inspector, risk assessor, or dust sampling technician.

(c) The renovation firm is required to reclean the work area 

until the dust clearance sample results are below the clearance 

standards in WAC 365-230-020 or any applicable local standard.

(4) Activities conducted after postrenovation cleaning 

verification. Activities that do not disturb paint such as applying 

paint to walls that have already been prepared, are not regulated 

by this subpart if they are conducted after postrenovation cleaning 

verification has been performed.
3/3/11 12:08 PM [ 107 ] OTS-3638.4

[]

NEW SECTION

WAC 365-230-340 Recordkeeping and reporting requirements. 

(1) Firms performing renovations must retain and, if requested, make 

available to the department all records necessary to demonstrate 

compliance with this section for a period of three years following 

completion of the renovation. This three-year retention 

requirement does not supersede longer obligations required by other 

provisions for retaining the same documentation, including any 

applicable state or tribal laws or regulations.

(2) Records that must be retained pursuant to subsection (a) 

of this section shall include (where applicable):

(a) Records or reports certifying that a determination had been 

made that lead-based paint was not present on the components affected 

by the renovation, as described under WAC 365-230-300. These 

records or reports include:

(i) Reports prepared by a certified inspector or certified risk 

assessor (certified pursuant to this chapter).

(ii) Records prepared by a certified renovator after using 

EPA-recognized test kits, including an identification of the 

manufacturer and model of any test kits used, a description of the 

components that were tested including their locations, and the result 
3/3/11 12:08 PM [ 108 ] OTS-3638.4

of each test kit used.

(b) Signed and dated acknowledgments of receipt as described 

under WAC 365-230-320 (1)(a)(i) and (b)(i),(2)(a)(i), (3)(a)(i)(A) 

and (a)(ii)(A).

(c) Certifications of attempted delivery as described under WAC 

365-230-320 (1)(a)(i) and (3)(a)(ii)(A).

(d) Certificates of mailing as described under WAC 365-230-320 

(1)(a)(ii) and (b)(ii), (2)(a)(ii), (3)(a)(i)(B) and (a)(ii)(B).

(e) Records of notification activities performed regarding 

common area renovations, as described under WAC 365-230-320 (2)(c) 

and (d), and renovations in child-occupied facilities, as described 

under WAC 365-230-320 (3)(b).

(f) Documentation of compliance with the requirements under WAC 

365-230-330, including documentation that a certified renovator was 

assigned to the project, that the certified renovator provided 

on-the-job training for workers used on the project, that the 

certified renovator performed or directed workers who performed all 

of the tasks described under WAC 365-230-330(1), and that the 

certified renovator performed the postrenovation cleaning 

verification described under WAC 365-230-330(2). If the renovation 

firm was unable to comply with all of the requirements of this rule 

due to an emergency as defined under WAC 365-230-330, the firm must 

document the nature of the emergency and the provisions of the rule 

that were not followed. This documentation must include a copy of 

the certified renovator's training certificate, and a certification 

by the certified renovator assigned to the project that:

(i) Training was provided to workers (topics must be identified 
3/3/11 12:08 PM [ 109 ] OTS-3638.4

for each worker).

(ii) Warning signs were posted at the entrances to the work area.

(iii) If test kits were used, that the specified brand of kits 

was used at the specified locations and that the results were as 

specified.

(iv) The work area was contained by:

(A) Removing or covering all objects in the work area 

(interiors).

(B) Closing and covering all HVAC ducts in the work area 

(interiors).

(C) Closing all windows in the work area (interiors) or closing 

all windows in and within twenty feet of the work area (exteriors).

(D) Closing and sealing all doors in the work area (interiors) 

or closing and sealing all doors in and within twenty feet of the 

work area (exteriors).

(E) Covering doors in the work area that were being used to allow 

passage but prevent spread of dust.

(F) Covering the floor surface, including installed carpet, 

with taped-down plastic sheeting or other impermeable material in 

the work area six feet beyond the perimeter of surfaces undergoing 

renovation or a sufficient distance to contain the dust, whichever 

is greater (interiors) or covering the ground with plastic sheeting 

or other disposable impermeable material anchored to the building 

extending ten feet beyond the perimeter of surfaces undergoing 

renovation or a sufficient distance to collect falling paint debris, 

whichever is greater, unless the property line prevents ten feet of 

such ground covering, weighted down by heavy objects (exteriors).
3/3/11 12:08 PM [ 110 ] OTS-3638.4

(G) Installing (if necessary) vertical containment to prevent 

migration of dust and debris to adjacent property (exteriors).

(v) Waste was contained on-site and while being transported 

off-site.

(vi) The work area was properly cleaned after the renovation 

by:

(A) Picking up all chips and debris, misting protective 

sheeting, folding it dirty side inward, and taping it for removal.

(B) Cleaning the work area surfaces and objects using a HEPA 

vacuum and/or wet cloths or mops (interiors).

(vii) The certified renovator performed the postrenovation 

cleaning verification (the results of which must be briefly 

described, including the number of wet and dry cloths used).

(3)(a) When the final invoice for the renovation is delivered 

or within thirty days of the completion of the renovation, whichever 

is earlier, the renovation firm must provide information pertaining 

to compliance with this section to the following persons.

(i) The owner of the building; and, if different;

(ii) An adult occupant of the residential dwelling, if the 

renovation took place within a residential dwelling, or an adult 

representative of the child-occupied facility, if the renovation 

took place within a child-occupied facility. 

(b) When performing renovations in common areas of multiunit 

target housing, renovation firms must post the information required 

by this section or instructions on how interested occupants can 

obtain a copy of this information. This information must be posted 

in areas where it is likely to be seen by the occupants of all of 
3/3/11 12:08 PM [ 111 ] OTS-3638.4

the affected units.

(c) The information required to be provided by this subsection 

may be provided by completing the sample form titled "Sample 

Renovation Recordkeeping Checklist" or a similar form containing the 

test kit information required under subsection (2)(a)(ii) of this 

section and the training and work practice compliance information 

required under subsection (2)(f) of this section.

(4) If dust clearance sampling is performed in lieu of cleaning 

verification as permitted under WAC 365-230-330(3), the renovation 

firm must provide, when the final invoice for the renovation is 

delivered or within thirty days of the completion of the renovation, 

whichever is earlier, a copy of the dust sampling report to:

(a) The owner of the building; and, if different;

(b) An adult occupant of the residential dwelling, if the 

renovation took place within a residential dwelling, or an adult 

representative of the child-occupied facility, if the renovation 

took place within a child-occupied facility;

(c) When performing renovations in common areas of multiunit 

target housing, renovation firms must post these dust sampling 

reports or information on how interested occupants of the housing 

being renovated can obtain a copy of the report. This information 

must be posted in areas where they are likely to be seen by the 

occupants of all the affected units.

[]
3/3/11 12:08 PM [ 112 ] OTS-3638.4

NEW SECTION

WAC 365-230-350 Recognized test kits. (1) Effective June 23, 

2008, EPA recognizes the test kits that have been determined by 

National Institute of Standards and Technology research to meet the 

negative response criteria described in subsection (3)(a) of this 

section. This recognition will last until EPA publicizes its 

recognition of the first test kit that meets both the negative 

response and positive response criteria in subsection (3) of this 

section.

(2) No other test kits will be recognized until they are tested 

through EPA's Environmental Technology Verification Program or other 

equivalent EPA-approved testing program.

(a) Effective September 1, 2008, to initiate the testing 

process, a test kit manufacturer must submit a sufficient number of 

kits, along with the instructions for using the kits, to EPA. The 

test kit manufacturer should first visit the following web site for 

information on where to apply: 

http://www.epa.gov/etv/howtoapply.html.

(b) After the kit has been tested through the Environmental 

Technology Verification Program or other equivalent approved EPA 

testing program, EPA will review the report to determine whether the 

required criteria have been met.

(c) Before September 1, 2010, test kits must meet only the 
3/3/11 12:08 PM [ 113 ] OTS-3638.4

negative response criteria in subsection (3)(a) of this section. 

The recognition of kits that meet only this criteria will last until 

EPA publicizes its recognition of the first test kits that meet both 

of the criteria in subsection (3) of this section.

(d) After September 1, 2010, test kits must meet both of the 

criteria in subsection (3) of this section.

(e) If the report demonstrates that the kit meets the required 

criteria, EPA will issue a notice of recognition to the kit 

manufacturer, provide them with the report, and post the information 

on EPA's web site.

(f) If the report demonstrates that the kit does not meet the 

required criteria, EPA will notify the kit manufacturer and provide 

them with the report.

(3) Response criteria.

(a) Negative response criteria. For paint containing lead at 

or above the regulated level, 1.0 mg/cm2 or 0.5 percent by weight, 

a demonstrated probability (with 95 percent confidence) of a negative 

response less than or equal to 5 percent of the time.

(b) Positive response criteria. For paint containing lead 

below the regulated level, 1.0 mg/cm2 or 0.5 percent by weight, a 

demonstrated probability (with 95 percent confidence) of a positive 

response less than or equal to 10 percent of the time.

[]
3/3/11 12:08 PM [ 114 ] OTS-3638.4

NEW SECTION

WAC 365-230-360 Certification of renovation firms. (1) No 

firm shall offer to perform for compensation any of the lead-based 

paint renovation activities described in WAC 365-230-330 without 

first being certified by the department. All certified firms shall 

employ only appropriately certified individuals to conduct 

lead-based paint renovation activities. The firm is responsible for 

ensuring that its employees follow the work practice requirements 

for renovation as described in WAC 365-230-330.

(2) A firm seeking certification shall submit to the department 

a completed application as described in this section.

(3) The firm shall maintain all records pursuant to WAC 

365-230-340.

(4) Certification is transferable in the instance of 

acquisition of a certified firm by another entity. The acquiring 

firm must notify the department within thirty days of the change of 

ownership, and of any changes to information submitted on the 

original application.

(5) The certification period for renovation firms is five years 

from the date certification is issued. To maintain its renovation 

firm certification, a firm must be recertified by the department 

every five years.

(6) To retain certification, a firm shall submit to the 
3/3/11 12:08 PM [ 115 ] OTS-3638.4

department an application as described above prior to the expiration 

date listed on the firm's certification.

[]

NEW SECTION

WAC 365-230-370 Application requirements for renovation 

firms. (1) Applications for a firm shall be submitted on forms 

prescribed by the department and shall be accompanied by the 

following:

A letter of compliance, signed by an officer of the firm, or 

an individual authorized to sign on the firm's behalf, certifying 

the following:

(a) The firm will employ only certified renovators, or other 

workers trained by certified renovators to conduct lead-based paint 

renovation activities as prescribed in these rules.

(b) The firm will follow the standards for conducting lead-based 

paint renovation activities as prescribed in these rules.

(c) The firm shall maintain all records pursuant to these rules.

(2) A check or money order made out to the department of commerce 

in the amount as described under WAC 365-230-260.

[]
3/3/11 12:08 PM [ 116 ] OTS-3638.4

NEW SECTION

WAC 365-230-375 Approval or disapproval of renovation firm 

certification. (1) The department may disapprove an application for 

certification for the following reasons including, but not limited 

to:

(a) Failure to complete application in accordance with these 

rules, or department policy or instructions;

(b) Failure to satisfy eligibility requirements for 

certification;

(c) Failure to provide required documentation or information 

requested by the department;

(d) History of citations or violations of existing regulations

or these rules, regulations including execution of a consent 

agreement in settlement of an enforcement action;

(e) History of revocation of a certificate;

(f) Making false or misleading statements in the application;

(g) Having been subject to a final administrative order imposing 

a civil penalty or a criminal conviction for engaging in a prohibited 

act under the department. 

(2) In the case of disapproval, a letter describing the reasons 

for disapproval shall be sent to the applicant. Prior to 

disapproval, the department may, at its discretion, work with the 

applicant to address inadequacies in the application for 
3/3/11 12:08 PM [ 117 ] OTS-3638.4

certification. The department may also request additional 

materials under the recordkeeping requirements of WAC 365-230-340. 

If a firm's application for certification has been disapproved, the 

program may reapply for certification at any time.

[]

NEW SECTION

WAC 365-230-380 Renovator and dust sampling technician 

certification and recertification. (1) No individual shall perform 

lead-based paint renovation or dust sampling technician activities 

as described in this section unless they are certified by the 

department. Individuals seeking initial certification by the 

department to engage in lead-based paint renovation activities must 

successfully complete a dust sampling technician or renovator course 

accredited by the department. The course completion certificate 

serves as proof of training. Certified individuals may perform only 

lead-based paint renovation activities for which they are certified. 

To become certified as a renovator or dust sampling technician, an 

individual must:

(a) Submit a completed application to the department as 

described under WAC 365-230-150 and must provide documentation that 

the applicant has either:

(i) Met the certification requirements as described in this 
3/3/11 12:08 PM [ 118 ] OTS-3638.4

subsection for renovator or dust sampling technician.

(ii) Hold a valid certification issued by EPA or by a state or 

tribal program that has been authorized by EPA according to 40 CFR 

745.324.

(A) Applicants for certification based on certification from 

another state or tribal program must document to the department that 

they have read and understand the certification and work practice 

standards as described in these rules.

(B) Certification based on a valid lead-based paint renovator 

or renovation dust sampling technician certification issued by EPA 

or by an EPA-authorized state or tribal program shall be issued with 

an expiration date not to exceed the date of expiration listed on 

the EPA or EPA-authorized state or tribal certification.

(b) Submit two passport-size photos.

(c) A signed and dated renovator or dust sampling technician 

application.

(d) A check or money order made out to the department in the 

amount as described in the certification fees section of these rules.

(e) Application materials can be obtained by mail from 

Department of Commerce, Lead-Based Paint Program, P.O. Box 42525, 

Olympia, WA 98504-2525, by telephone, 360-586-5323, electronically 

at http://www.commerce.wa.gov/lead.

(2) Individuals who have successfully completed an accredited 

abatement worker or supervisor course, or individuals who 

successfully completed an EPA, HUD, or EPA/HUD model renovation 

training course may take an accredited refresher renovator training 

course in lieu of the initial renovator training course to become 
3/3/11 12:08 PM [ 119 ] OTS-3638.4

a certified renovator.

(3) Individuals who have successfully completed an accredited 

lead-based paint inspector or risk assessor course may take an 

accredited refresher dust wipe sampling technician course in lieu 

of the initial training to become a certified dust sampling 

technician.

(4) Individuals may first apply to the department for 

certification to engage in lead-based paint renovation or dust 

sampling pursuant to this section on or after the effective date of 

these rules.

(5) Following the submission of an application demonstrating 

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

department shall certify an applicant as renovator, or dust sampling 

technician.

(6) Upon receiving the department certification, individuals 

conducting lead-based paint renovator or dust sampling technician 

activities shall comply with the work practice standards for 

performing the appropriate lead-based paint renovation activities 

as established in the work practice standards, WAC 365-230-330.

(7) It shall be a violation of these rules for an individual 

to conduct any of the lead-based paint renovator or dust sampling 

technician activities described in the work practice standards under 

WAC 365-230-330 who has not been certified by the department.

(8) To maintain renovator certification or dust sampling 

technician, an individual must complete a renovator refresher course 

or a dust sampling refresher course accredited by the department 

within five years of the date the individual completed the initial 
3/3/11 12:08 PM [ 120 ] OTS-3638.4

course as described in subsection (1) of this section, or within five 

years of the date of his/her last refresher course for the discipline. 

If the individual does not complete a refresher course within this 

time, the individual must retake the initial course to become 

certified again.

[]

NEW SECTION

WAC 365-230-385 Renovator and dust sampling technician 

responsibilities. (1) Renovator responsibilities. Certified 

renovators are responsible for ensuring compliance under WAC 

365-230-330 at all renovations to which they are assigned. A 

certified renovator:

(a) Must perform all of the tasks described under 365-230-330(2) 

and must either perform or direct workers who perform all of the tasks 

described under WAC 365-230-330(1).

(b) Must provide training to uncertified workers on the work 

practices that they will be using in performing their assigned tasks.

(c) Must be physically present at the worksite when signs 

required by WAC 365-230-330 (1)(a) are posted, while the work area 

containment required by WAC 365-230-330 (1)(b) is being established, 

and while the work area cleaning required by WAC 365-230-330 (1)(e) 

is performed.
3/3/11 12:08 PM [ 121 ] OTS-3638.4

(d) Must regularly direct work being performed by other 

individuals to ensure that the work practices required by WAC 

365-230-330(1) are being followed, including maintaining the 

integrity of the containment barriers and ensuring that dust or 

debris does not spread beyond the work area.

(e) Must be available, either on-site or by telephone, at all 

times that renovations are being conducted.

(f) When requested by the party contracting for renovation 

services, must use an acceptable test kit to determine whether 

components to be affected by the renovation contain lead-based paint.

(g) Must have with them at the worksite copies of their initial 

course completion certificate and their most recent refresher course 

completion certificate.

(h) Must prepare the records required by WAC 365-230-340(2).

(2) Dust sampling technician responsibilities. When 

performing optional dust clearance sampling under WAC 365-230-330, 

a certified dust sampling technician:

(a) Must collect dust samples in accordance with WAC 365-230-200 

(8)(f)(i) through (iv), must send the collected samples to a 

laboratory recognized under TSCA section 405(b) (National Lead 

Laboratory Accreditation Program (NLLAP)) as found under WAC 

365-230-200 (7)(h), and must compare the results to the clearance 

levels in dust less than 40 μg/ft2 on floors, less than 250 μg/ft2

on windowsills, and less than 400 μg/ft2 on troughs.

(b) Must have with them at the worksite copies of their initial 

course completion certificate and their most recent refresher course 

completion certificate.
3/3/11 12:08 PM [ 122 ] OTS-3638.4

[]