10A N.C. Admin. Code 41C.0902

Current through Register Vol. 39, No. 9, November 1, 2024

Section 41C .0902 - CERTIFICATION OF INDIVIDUALS

(a) No person shall perform lead-based paint renovation activities for compensation in target housing and child-occupied facilities until that person has been certified by the Program in the applicable certification category. Certification is not required for a trained renovation worker as defined by G.S. 130A-453.22(b)(7).

(b) An applicant for certification shall successfully complete applicable, discipline specific training courses accredited by the Program pursuant to Rule .0904 of this Section. Successful completion includes attendance of at least 95 percent of the course, passing the course exam with a minimum score of 70 percent, and successful completion of the hands-on skills assessment pursuant to 40 CFR 745, Subpart L. An applicant for initial certification shall also meet the applicable, discipline-specific, certification requirements in Paragraphs (c) and (d) of this Rule:

(c) To obtain dust sampling technician certification or renewal of certification, the applicant shall meet the following:

(1) An applicant for initial certification shall have successfully completed an accredited initial dust sampling technician training course within the 12 months immediately preceding application. If initial training was completed more than 12 months prior to application, the applicant shall have successfully completed an accredited dust sampling technician training course at least every 60 months from the date of the last training, and within 12 months immediately preceding the application.

(2) An applicant shall submit a completed dust sampling technician certification application with the following information to the Program:

(A) full name of the applicant;

(B) address, including city, state, zip code, and telephone number;

(C) date of birth, sex, height, and weight;

(D) name, address, including city, state, zip code, and telephone number of certified renovation firm;

(E) name of training provider;

(F) name of training course completed;

(G) dates of course attended;

(H) one color photograph of the applicant; and

(I) confirmation of completion of accredited initial and refresher training courses, as applicable, from the training provider. The confirmation shall be in the form of an original certificate of completion of the accredited training course, or an original letter from the training provider, on training provider letterhead, including the information in Parts (A) through (G) of this Subparagraph, confirming completion of the course.

(3) Initial dust sampling technician certification expires on the last day of the 12 month after training was taken.

(4) An applicant for renewal of dust sampling technician certification shall have successfully completed an accredited initial or refresher training course within 48 months prior to applying for certification renewal, and shall meet the requirements of Paragraphs (b) and (c) of this Rule. All renewal certifications expire on the last day of the 12th month from the date of certification. If a person fails to obtain the required training within 48 calendar months of the date of last training, that person may renew certification only by successful completion of an accredited dust sampling technician course and by meeting the requirements of Paragraphs (b) and (c) of the Rule. If a person fails to obtain the required training within 60 calendar months of the date of last training, that person may renew certification only by successful completion of an accredited initial dust sampling technician course and by meeting the requirements of Paragraphs (b) and (c) of this Rule.

(d) To obtain certification as a certified renovator or to renew certification, the applicant shall meet the following:

(1) An applicant for renovator certification shall have successfully completed an accredited initial renovator training course prior to application. If initial training was completed more than 60 months prior to application, the applicant shall have successfully completed an accredited refresher course for the specific discipline at least every 60 months from the date of completion of initial training.

(2) An applicant shall submit a completed renovator certification application with the following information to the Program:

(A) full name of the applicant;

(B) address, including city, state, zip code, and telephone number;

(C) date of birth and sex;

(D) name, address, including city, state, zip code, and telephone number of certified renovation firm;

(E) name, address, including city, state, zip code, and telephone number of training provider that provided the training;

(F) name of training course completed and language in which it was taught;

(G) date(s) of course completion and exam;

(H) confirmation of completion of accredited initial and refresher training courses, as applicable from the training provider. The confirmation shall be in the form of a copy of an original certificate of completion of the accredited training course, or an original letter from the training provider, on training provider letterhead, including the information in Parts (A) through (G) of this Subparagraph, and confirming completion of the course; and

(I) one color photograph of the applicant.

(3) An applicant for renewal of renovator certification shall have successfully completed the required accredited refresher training course no more than 60 months prior to applying for certification renewal, and shall meet the requirements of Paragraphs (b) and (d) of this Rule. If a person fails to obtain the required training within 60 calendar months of the date of last training, that person may renew certification only by successful completion of an accredited initial renovator course and by meeting the requirements of Paragraphs (b) and (d) of this Rule.

(e) All certified persons shall be assigned a unique certification number by the Program.

(f) A person whose certification or certification renewal is revoked, suspended or denied because of misrepresentations or because of violations that create a public health threat as defined in G.S. 130A-475(d), shall not reapply for certification or certification renewal before 12 months after the effective date of the revocation, suspension, or denial and shall repeat the initial training course and other requirements as set out in Paragraphs (b), (c), and (d) of this Rule.

(g) The Program may revoke, suspend or deny certification or certification renewal upon a finding that the certified person has violated any requirement referenced in the following provisions with regard to renovation activities, as determined by the agencies which administer these Rules:

(1) Department of Labor Rules found at Chapter 7, Title 13 of the North Carolina Administrative Code;

(2) Department of Transportation Rules found at Title 19A of the North Carolina Administrative Code;

(3) Solid Waste Management Rules found at Chapter 13, Title 15A of the North Carolina Administrative Code; and

(4) NC Childhood Lead Poisoning Prevention Program requirements found at G.S. 130A, Article 5, Part 4.

10A N.C. Admin. Code 41C .0902

Authority G.S. 130A-453.24; 130A-453.25; 130A-453.31; 130A-23;
Temporary Adoption Eff. January 1, 2010;
Eff. November 1, 2010;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 16, 2019.

Authority G.S. 130A-453.24; 130A-453.25; 130A-453.31; 130A-23;
Temporary Adoption Eff. January 1, 2010;
Eff. November 1, 2010.