1. (a) Certification requirements. A person must be certified by the department as a lead inspector to engage in lead inspection of target housing and child-occupied facilities. Such certification is valid for a period of three years from the date the certification application is approved by the department.

2. (b) Specific requirements.

   1. (1) Applicants for certification as lead inspectors are required to:

      1. (A) successfully complete a lead inspector training course and receive a course completion certificate from a department-accredited training program provider; and
      2. (B) pass the state certification examination for lead inspectors.
   2. (2) Individuals who have made application for certification to the department prior to June 1, 1998, and are subsequently granted certification by the department, and who maintain continuous certification from that date, are not subject to the examination requirement of paragraph (1)(B) of this subsection.

3. (c) State certification examination.

   1. (1) In order to take the certification examination for lead inspectors, an individual must first successfully complete a lead inspector course and receive a course completion certificate from a department-accredited training provider.
   2. (2) The individual shall then register for the examination on a department-issued form prior to the examination date.
   3. (3) A score of at least 70% correct must be achieved to pass the examination.
   4. (4) An individual may take the certification examination no more than three times within six months of receiving a course completion certificate.
   5. (5) If an individual does not pass the certification examination within six months of receiving a course completion certificate, the individual must retake the lead inspector course from a department-accredited training provider and receive a course completion certificate prior to retaking the certification examination.
   6. (6) An examination fee of $50 for the initial examination and a fee of $50 for each re-examination shall be submitted to the department with the department-issued examination registration form. The required fee must be in the form of a cashier's check or money order made payable to the Texas Department of Health. The required fee may not be paid at the examination site, but must be received by the department with the examination registration form prior to the examination date.
4. (d) Any individual can fulfill the requirements of subsection (b)(1)(A) of this section by showing proof of the successful completion, between October 1, 1990, and August 31, 1996, of a lead inspector training course which utilized the Environmental Protection Agency (EPA) model course curriculum. Individuals shall have until June 1, 1998, to make application based upon this grandfathering provision. After that date, all individuals seeking certification shall complete the required course and receive a course completion certificate from a department-accredited training provider.

5. (e) Responsibilities. The responsibilities of the certified lead inspector include the following:

   1. (1) conduct post-abatement soil and dust clearance testing following procedures in §295.212 of this title (relating to Standards for Conducting Lead-Based Paint Activities);
   2. (2) conduct lead-based paint inspections of target housing and child-occupied facilities that measure the concentration of lead in paint on a surface-by-surface basis; and
   3. (3) complete a written inspection report.
6. (f) Application for certification renewal. To become re-certified, the inspector must successfully complete an inspector refresher training course from a department-accredited training program provider no sooner than 180 days prior to the inspector's certification expiration date and follow the procedures contained in §295.205 of this title (relating to Certification: Applications, Denials, and Renewals).
7. (g) Fees. The annual fee for lead inspector certification shall be $150. The fee must accompany the certification or renewal application the first year, and accompany the annual fee payment coupon issued by the department for years two and three. In order to retain certification, all annual fees must be paid as required.

Source Note:The provisions of this §295.206 adopted to be effective February 19, 1996, 21 TexReg 968; amended to be effective May 10, 1998, 23 TexReg 4280.