SECTION 295.210. Lead Abatement Worker: Certification Requirements

(a) Certification requirements. A person must be certified by the department as a lead abatement worker to engage in such activity in target housing and child-occupied facilities. Certifications issued by the department prior to January 1, 2005, are valid for a period of three years from the date of issue, provided that the appropriate fee is paid on time each year. Certifications issued by the department on or after January 1, 2005, are valid for a period of two years from the date of issue.

(b) Specific requirements of applicants for certification as lead abatement workers:

(1) successfully complete a lead abatement worker training course and receive a course completion certificate from a department-accredited training program provider; and

(2) submit a complete application for lead abatement worker certification to the department on a department-issued form and pay the appropriate certification fee within one year of successfully completing the original lead abatement worker course.

(A) A person who fails to submit a complete lead abatement worker certification application within one year of completing the required course will be required to additionally complete a lead abatement worker refresher training course from a department-accredited training program provider and receive a course completion certificate. The individual must then submit a complete certification application, including a course completion certificate of the additionally required lead abatement worker refresher training course, within one year of completing the refresher course.

(B) If the applicant has not submitted a complete lead abatement worker certification application within three years of completing the original lead abatement worker training course, including documentation of any additionally required refresher training course, the person will again be subject to the certification requirements of subsection (b) of this section in order to be granted certification.

(c) Application for certification renewal. To become re-certified, the certified lead abatement worker must successfully complete a lead abatement worker refresher training course from a department-accredited training provider no sooner than 180 days prior to the worker's certification expiration date and follow the procedures contained in §295.205 of this title (relating to Certification: Applications, Denials, and Renewals).

(1) If a certification holder makes a timely and sufficient application for the renewal of the certification by their current certification's expiration date, the current certification in his/her possession does not expire until the application has been finally approved or denied by the department. The person whose certification has been expired for less than one year may renew their certification by complying with the requirements of §295.205(h) of this title. Certifications that have been expired for a period of one year or more beyond the three-year expiration date cannot be renewed. The person whose certification has been expired for a period of one year or more may become re-certified by complying with the current requirements and procedures, including any examination requirements, for an original certification, subject to the certification requirements of subsection (b) of this section.

(2) To maintain certification, the certified lead abatement worker must seek re-certification by submitting a complete certification renewal application to the department no later than 30 days before the certification expires. If the certified lead abatement worker does not submit an application for re-certification by that date, the application will not be deemed timely filed and the department cannot guarantee that the application will be reviewed and acted upon before the end of the lead abatement worker's certification period.

(d) Fees.

(1) Two-year certifications. Effective January 1, 2005, the fee for a two-year lead abatement worker certification shall be $100. The fee must accompany the initial or renewal certification application.

(2) Three-year certifications. Three-year certifications, which were issued prior to January 1, 2005, shall remain valid for the remainder of their three-year term provided that the annual fee of $50 is paid on time to the department. Upon expiration of this three-year certification, a fee of $100 for a two-year renewal certification shall be paid upon submission of a complete application. Persons who possess a three-year certification that was issued prior to January 1, 2005, must submit an annual fee when due accompanied by a payment coupon issued by the department. In order to retain a three-year certification for the remainder of its term, all annual fees must be paid on time as required. Upon payment of each annual fee, a new photo identification (ID) card will be issued and shall be valid for the time period for which the annual fee was paid. Failure to make a timely annual fee payment may result in the suspension of the certification.

Source Note: The provisions of this §295.210 adopted to be effective February 19, 1996, 21 TexReg 968; amended to be effective May 10, 1998, 23 TexReg 4280; amended to be effective March 23, 2003, 28 TexReg 2347; amended to be effective January 1, 2005, 29 TexReg 11987