1. (a) Certification requirements. A person must be certified by the department as a lead abatement supervisor to engage in such activity in target housing and child-occupied facilities. Such certification shall be 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 abatement supervisors are required to:

      1. (A) successfully complete a lead abatement supervisor training course and receive a course completion certificate from a department-accredited training program provider;
      2. (B) pass the state certification examination for lead abatement supervisors; and

      3. (C) meet or exceed the following additional experience and/or education requirements:

         1. (i) one year of experience as a certified lead abatement worker; or
         2. (ii) at least two years experience in a related field (e.g., lead, asbestos or environmental remediation work), or in the building construction trades.
   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 abatement supervisors, an individual must first successfully complete a lead abatement supervisor 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 abatement supervisor course from a department-accredited training provider and receive a course completion certificate prior to taking 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 registration form. The required fee shall be received by the department 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 abatement supervisor 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 abatement supervisor include the following:

   1. (1) identify the most appropriate course(s) of action to eliminate identified lead hazards;
   2. (2) ensure that all abatement activities in target housing and child-occupied facilities are completed according to the standards outlined in §295.212 of this title (relating to Standards for Conducting Lead-Based Paint Activities);
   3. (3) supply personal protection equipment to employees, train employees who perform lead-related activities in the use of equipment, and supervise their compliance;
   4. (4) ensure that abatement activities are conducted in accordance with regulatory requirements;
   5. (5) prepare a written abatement report;
   6. (6) develop an occupant protection plan;
   7. (7) be available at all times as described in §295.212(d)(2) when abatement activities are being conducted;
   8. (8) ensure completion of all abatement activities according to these sections;
   9. (9) assume the duties of lead abatement workers or perform activities affecting lead materials;
   10. (10) cooperate with department personnel in the discharge of their official duties to conduct inspections and investigations, as described in §295.218 of this title (relating to Compliance: Inspection and Investigations); and
   11. (11) maintain standards of operation, including Environmental Protection Agency (EPA) and Occupational Safety and Health Administration of the United States Department of Labor (OSHA) regulations.
6. (f) Application for certification renewal. To become re-certified, the lead abatement supervisor must successfully complete a lead abatement supervisor refresher training course from a department-accredited training provider no sooner than 180 days prior to the supervisor'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 abatement supervisor 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 §295.208 adopted to be effective February 19, 1996, 21 TexReg 968; amended to be effective May 10, 1998, 23 TexReg 4280.