reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-230 - Accreditation of lead-based paint training programs and the certification of firms and individuals conducting lead-based paint activities and renovation › Section 365-230-070 - Reaccreditation of training programs

Current through Register Vol. 24-14, July 15, 2024
(1) Unless reaccredited, 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 shall submit an application to the department no later than one
					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 reaccred-itation.
(c) The qualifications of the training
					program manager.
(d) The name(s)
					and qualifications of the principal instructor(s).
(e) 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.
(f) 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
					365-230-060), as applicable;
					and
(ii) The training program
					recordkeeping (WAC
					365-230-090)  and reporting
					requirements of WAC
					365-230-100 shall be
					followed.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-230 - Accreditation of lead-based paint training programs and the certification of firms and individuals conducting lead-based paint activities and renovation › Section 365-230-080 - Approval/disapproval of application for accreditation or renewal of accreditation

Current through Register Vol. 24-14, July 15, 2024
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.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-230 - Accreditation of lead-based paint training programs and the certification of firms and individuals conducting lead-based paint activities and renovation › Section 365-230-090 - Training program recordkeeping requirements

Current through Register Vol. 24-14, July 15, 2024
(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.
(h) For renovator refresher and dust sampling
					technician refresher courses, a copy of each trainee's prior course completion
					certificate showing that each trainee was eligible to take the refresher
					course.
(i) For course modules
					delivered in an electronic format, a record of each student's log-ins,
					launches, progress and completion, and a copy of the electronic learning
					completion certificate for each student.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-230 - Accreditation of lead-based paint training programs and the certification of firms and individuals conducting lead-based paint activities and renovation › Section 365-230-120 - Accreditation fees

Current through Register Vol. 24-14, July 15, 2024
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 commerce.
Statutory Authority: RCW 70.103.10 [70.103.010], 70.103.20
							[70.103.020], 70.103.30 [70.103.030], 70.103.40 [70.103.040],70.103.50
							[70.103.050], 70.10.80 [70.103.080], and 70.103.90 [70.103.090]. 11-07-067,
							§
										365-230-120, filed 3/21/11,
							effective 4/21/11. 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.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-230 - Accreditation of lead-based paint training programs and the certification of firms and individuals conducting lead-based paint activities and renovation › CERTIFICATION OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITIES: TARGET HOUSING AND CHILD-OCCUPIED FACILITIES › Section 365-230-130 - Certification of individuals

Current through Register Vol. 24-14, July 15, 2024
(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:
Submit a complete application as described in WAC
							365-230-150 and must provide
							documentation that the applicant has either:
(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
(b) Holds a valid certification issued by EPA
						or by a state or tribal program that has been authorized by EPA according to
						40 C.F.R.
						745.324.
(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.
(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.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-230 - Accreditation of lead-based paint training programs and the certification of firms and individuals conducting lead-based paint activities and renovation › CERTIFICATION OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITIES: TARGET HOUSING AND CHILD-OCCUPIED FACILITIES › Section 365-230-132 - Inspector, risk assessor, or supervisor

Current through Register Vol. 24-14, July 15, 2024
(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
(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.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-230 - Accreditation of lead-based paint training programs and the certification of firms and individuals conducting lead-based paint activities and renovation › CERTIFICATION OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITIES: TARGET HOUSING AND CHILD-OCCUPIED FACILITIES › Section 365-230-134 - Abatement worker and project designers

Current through Register Vol. 24-14, July 15, 2024
(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:
(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.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-230 - Accreditation of lead-based paint training programs and the certification of firms and individuals conducting lead-based paint activities and renovation › CERTIFICATION OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITIES: TARGET HOUSING AND CHILD-OCCUPIED FACILITIES › Section 365-230-150 - Application requirements for an individual

Current through Register Vol. 24-14, July 15, 2024
(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,
						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 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
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-230 - Accreditation of lead-based paint training programs and the certification of firms and individuals conducting lead-based paint activities and renovation › CERTIFICATION OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITIES: TARGET HOUSING AND CHILD-OCCUPIED FACILITIES › Section 365-230-160 - Recertification

Current through Register Vol. 24-14, July 15, 2024
(1) To maintain certification in a Lead-Based
				Paint Activities discipline, a certified individual shall apply to and be
				recertified by the department in that discipline every three years after the
				original date of issue if the individual completed a training course with a
				course test and hands-on assessment.
(2) An individual shall be recertified if the
				individual:
(a) Successfully completes the
				appropriate accredited 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) Submits a digital
				photograph; and
(iii) Submit a
				check or money order made out to the department of commerce in the amount as
				described in WAC 365-230-260.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-230 - Accreditation of lead-based paint training programs and the certification of firms and individuals conducting lead-based paint activities and renovation › CERTIFICATION OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITIES: TARGET HOUSING AND CHILD-OCCUPIED FACILITIES › Section 365-230-170 - Certification of lead-based paint firms

Current through Register Vol. 24-14, July 15, 2024
(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 for
				lead-based paint activities.
(3)
				The firm shall maintain all records pursuant to WAC 365-230-200.
(4) Certification is transferable in the
				instance of acquisition of a certified firm by another entity. The acquiring
				firm must notify the department within 30 days of the change of ownership of
				any changes to information submitted on the original application.
(5) The certification period for firms is
				three years from the date certification is issued.
(6) 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.
(7) A firm seeking certification shall have
				at least one certified individual employed with the firm.
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.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-230 - Accreditation of lead-based paint training programs and the certification of firms and individuals conducting lead-based paint activities and renovation › CERTIFICATION OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITIES: TARGET HOUSING AND CHILD-OCCUPIED FACILITIES › Section 365-230-180 - Application requirements for a firm

Current through Register Vol. 24-14, July 15, 2024
(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 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.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-230 - Accreditation of lead-based paint training programs and the certification of firms and individuals conducting lead-based paint activities and renovation › CERTIFICATION OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITIES: TARGET HOUSING AND CHILD-OCCUPIED FACILITIES › Section 365-230-190 - Approval or disapproval of certification

Current through Register Vol. 24-14, July 15, 2024
(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.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-230 - Accreditation of lead-based paint training programs and the certification of firms and individuals conducting lead-based paint activities and renovation › CERTIFICATION OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITIES: TARGET HOUSING AND CHILD-OCCUPIED FACILITIES › Section 365-230-200 - Work practice standards

Current through Register Vol. 24-14, July 15, 2024
(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, July, 2012);
				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)(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 C.F.R. 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 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.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-230 - Accreditation of lead-based paint training programs and the certification of firms and individuals conducting lead-based paint activities and renovation › CERTIFICATION OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITIES: TARGET HOUSING AND CHILD-OCCUPIED FACILITIES › Section 365-230-210 - Determinations of lead-based paint and lead-based paint hazards

Current through Register Vol. 24-14, July 15, 2024
(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.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-230 - Accreditation of lead-based paint training programs and the certification of firms and individuals conducting lead-based paint activities and renovation › CERTIFICATION OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITIES: TARGET HOUSING AND CHILD-OCCUPIED FACILITIES › Section 365-230-220 - Notice of abatement

Current through Register Vol. 24-14, July 15, 2024
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 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.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-230 - Accreditation of lead-based paint training programs and the certification of firms and individuals conducting lead-based paint activities and renovation › CERTIFICATION OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITIES: TARGET HOUSING AND CHILD-OCCUPIED FACILITIES › Section 365-230-230 - Inspections

Current through Register Vol. 24-14, July 15, 2024
(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:
(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.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-230 - Accreditation of lead-based paint training programs and the certification of firms and individuals conducting lead-based paint activities and renovation › CERTIFICATION OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITIES: TARGET HOUSING AND CHILD-OCCUPIED FACILITIES › Section 365-230-240 - Suspension, revocation and modification of accredited training course or lead-based paint certification

Current through Register Vol. 24-14, July 15, 2024
(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.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-230 - Accreditation of lead-based paint training programs and the certification of firms and individuals conducting lead-based paint activities and renovation › CERTIFICATION OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITIES: TARGET HOUSING AND CHILD-OCCUPIED FACILITIES › Section 365-230-250 - Schedule of penalties

Current through Register Vol. 24-14, July 15, 2024
(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 ten thousand dollars per violation
						and/or revocation, based on the following factors:
(a) The violation caused or had the potential
						to cause injury 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.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-230 - Accreditation of lead-based paint training programs and the certification of firms and individuals conducting lead-based paint activities and renovation › CERTIFICATION OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITIES: TARGET HOUSING AND CHILD-OCCUPIED FACILITIES › Section 365-230-260 - Certification fees

Current through Register Vol. 24-14, July 15, 2024
The following fees are established for certification:
(1) Firms, inspectors, risk assessors,
						renovators, dust wipe sampling technicians, supervisors, project designers and
						workers 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
						commerce.
Statutory Authority: RCW 70.103.10 [70.103.010], 70.103.20
								[70.103.020], 70.103.30 [70.103.030], 70.103.40 [70.103.040],70.103.50
								[70.103.050], 70.10.80 [70.103.080], and 70.103.90 [70.103.090]. 11-07-067,
								§
											365-230-260, filed 3/21/11,
								effective 4/21/11. 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.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-230 - Accreditation of lead-based paint training programs and the certification of firms and individuals conducting lead-based paint activities and renovation › CERTIFICATION OF INDIVIDUALS AND FIRMS ENGAGED IN LEAD-BASED PAINT ACTIVITIES: TARGET HOUSING AND CHILD-OCCUPIED FACILITIES › Section 365-230-270 - Other state regulations concerning lead

Current through Register Vol. 24-14, July 15, 2024
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.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-230 - Accreditation of lead-based paint training programs and the certification of firms and individuals conducting lead-based paint activities and renovation › LEAD-BASED PAINT RENOVATION › Renovation Definitions, Work Practices, Renovator and Dust Wipe Sampling Technician Certification, Renovation Firm Certification, Information Distribution Requirements, etc › Section 365-230-280 - Purpose

Current through Register Vol. 24-14, July 15, 2024
(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.
Statutory Authority: RCW 70.103.10 [70.103.010],
									70.103.20 [70.103.020], 70.103.30 [70.103.030], 70.103.40
									[70.103.040],70.103.50 [70.103.050], 70.10.80 [70.103.080], and 70.103.90
									[70.103.090]. 11-07-067, §
												365-230-280, filed 3/21/11,
									effective 4/21/11.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-230 - Accreditation of lead-based paint training programs and the certification of firms and individuals conducting lead-based paint activities and renovation › LEAD-BASED PAINT RENOVATION › Renovation Definitions, Work Practices, Renovator and Dust Wipe Sampling Technician Certification, Renovation Firm Certification, Information Distribution Requirements, etc › Section 365-230-290 - Effective dates

Current through Register Vol. 24-14, July 15, 2024
(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 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.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-230 - Accreditation of lead-based paint training programs and the certification of firms and individuals conducting lead-based paint activities and renovation › LEAD-BASED PAINT RENOVATION › Renovation Definitions, Work Practices, Renovator and Dust Wipe Sampling Technician Certification, Renovation Firm Certification, Information Distribution Requirements, etc › Section 365-230-320 - Information distribution requirements

Current through Register Vol. 24-14, July 15, 2024
(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.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-230 - Accreditation of lead-based paint training programs and the certification of firms and individuals conducting lead-based paint activities and renovation › LEAD-BASED PAINT RENOVATION › Renovation Definitions, Work Practices, Renovator and Dust Wipe Sampling Technician Certification, Renovation Firm Certification, Information Distribution Requirements, etc › Section 365-230-340 - Recordkeeping and reporting requirements

Current through Register Vol. 24-14, July 15, 2024
(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 of each test kit used.
(iii) Records prepared by a certified
							renovator after collecting paint chip samples, including a description of the
							components that were tested including their locations, the name and address of
							the NLLAP-recognized entity performing the analysis, and the results for each
							sample.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-230 - Accreditation of lead-based paint training programs and the certification of firms and individuals conducting lead-based paint activities and renovation › LEAD-BASED PAINT RENOVATION › Renovation Definitions, Work Practices, Renovator and Dust Wipe Sampling Technician Certification, Renovation Firm Certification, Information Distribution Requirements, etc › Section 365-230-350 - Recognized test kits

Current through Register Vol. 24-14, July 15, 2024
(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 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.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-230 - Accreditation of lead-based paint training programs and the certification of firms and individuals conducting lead-based paint activities and renovation › LEAD-BASED PAINT RENOVATION › Renovation Definitions, Work Practices, Renovator and Dust Wipe Sampling Technician Certification, Renovation Firm Certification, Information Distribution Requirements, etc › Section 365-230-360 - Certification of renovation firms

Current through Register Vol. 24-14, July 15, 2024
(1) No firm may
				  perform, offer, or claim to perform renovations 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 30 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 department an application as
				  described above prior to the expiration date listed on the firm's
				  certification.
(7) A firm seeking
				  certification shall have at least one certified individual employed with the
				  firm.
Statutory Authority: RCW 70.103.10 [70.103.010],
									70.103.20 [70.103.020], 70.103.30 [70.103.030], 70.103.40
									[70.103.040],70.103.50 [70.103.050], 70.10.80 [70.103.080], and 70.103.90
									[70.103.090]. 11-07-067, §
												365-230-360, filed 3/21/11,
									effective 4/21/11.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-230 - Accreditation of lead-based paint training programs and the certification of firms and individuals conducting lead-based paint activities and renovation › LEAD-BASED PAINT RENOVATION › Renovation Definitions, Work Practices, Renovator and Dust Wipe Sampling Technician Certification, Renovation Firm Certification, Information Distribution Requirements, etc › Section 365-230-370 - Application requirements for renovation firms

Current through Register Vol. 24-14, July 15, 2024
(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.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-230 - Accreditation of lead-based paint training programs and the certification of firms and individuals conducting lead-based paint activities and renovation › LEAD-BASED PAINT RENOVATION › Renovation Definitions, Work Practices, Renovator and Dust Wipe Sampling Technician Certification, Renovation Firm Certification, Information Distribution Requirements, etc › Section 365-230-375 - Approval or disapproval of renovation firm certification

Current through Register Vol. 24-14, July 15, 2024
(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.