1. (a) Certification requirements. A person must be certified by the department as a lead abatement project designer 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 a lead abatement project designer 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) successfully complete a lead abatement project designer training course and receive a course completion certificate from a department-accredited training program provider; and

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

         1. (i) a 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
         2. (ii) four years of experience in building construction and design or a related field.
   2. (2) Any individual can fulfill the requirements of paragraph (1)(A) and (B) of this subsection by showing proof of the successful completion, between October 1, 1990, and August 31, 1996, of lead abatement supervisor and lead abatement project designer training courses 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 courses and receive course completion certificates from a department-accredited training provider.

3. (c) Responsibilities. The responsibilities of the certified lead abatement project designer are to:

   1. (1) comply with standards of operation, including EPA and OSHA regulations;
   2. (2) prepare a written abatement project design(s);
   3. (3) develop a written occupant protection plan;
   4. (4) prepare a written abatement report; and
   5. (5) 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: Inspections and Investigations).
4. (d) Application for certification renewal. To become re-certified, the lead abatement project designer must successfully complete lead abatement supervisor and lead abatement project designer refresher training courses from a department-accredited training provider no sooner than 180 days prior to the project designer's certification expiration dates and follow the procedures contained in §295.205 of this title (relating to Certification: Applications, Denials and Renewals).
5. (e) Fees. The annual fee for lead abatement project designer certification shall be $300. 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 §295.209 adopted to be effective February 19, 1996, 21 TexReg 968; amended to be effective May 10, 1998, 23 TexReg 4280.