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Lead-Based Paint FAQs

 

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Regarding DEQ's third party LBP certification exam, how can an applicant know which questions were answered incorrectly after the exam is graded in an effort to improve upon his/her mistakes?

DEQ has developed a database which tracks each question on the certification exam to one of several categories/types. The missed questions on each certification exam will be entered into this database. A report will be provided to each applicant, which lists the number of missed questions per category. The database will also allow DEQ to provide feedback to EPA in efforts to improve and update the national certification exams.

In order for DEQ to gain access to the national examination questions, DEQ certified that we would maintain the security and integrity of the testbanks. Given these security issues, DEQ does not have the capability of allowing applicants to review the actual exams.

Do state agencies who perform LBP services have to be certified?

Yes. OAC 252:110-11-1(b) and O.S. § 27A 2-12-201 A.2. require that anyone who performs or offers to perform a LBP service in Oklahoma must be certified by the DEQ.

Are certification renewal fees required every year?

Yes, for lead-based paint activities. Renewal certification fees must accompany a renewal certification application each year. The renewal period is from January 15 through March 31. For Renovator firms, renewal is required every 5 years.

What determines who pays LBP certification fees and who is exempt from these fees?

According to the Oklahoma Lead-based Paint Management Act, § 27 A 2-12-201(D)(3), state and political subdivisions thereof, shall be exempt from any certification fees required by rules of the Board if an affidavit is filed with the Department stating that the applicant is employed by the state or political subdivision thereof and shall only be performing lead-based paint services for the state or political subdivision employer.  Any such employee who performs or offers to perform lead-based paint services as a certified lead-based paint contractor or specialist for persons other than his or her state or political subdivision employer shall be subject to certification fees upon such performance or offer.

Will the renewal notices be provided by the DEQ?

Yes, for all LBP certifications that expire annually on March 31. OAC 252:110-11-6(a) states "As a service, the Department will mail certification renewal notices on or before January 15 of each year to persons and firms certified of record." DEQ staff will prepare and send these notices by January 15 as required.

Can a person take a Lead-Based Paint Project Designer course out of state and become certified in the state of Oklahoma since there are no accredited trainers who offer the course in Oklahoma?

Until DEQ accredits a Project Designer course in Oklahoma, a person may take the course
out-of-state and apply for Oklahoma certification. DEQ does require documentation that the out-of-state course used EPA model curriculum. All other certification regulations applicable to the project designer discipline under Chapter 110 will also apply. Once DEQ accredits a Project Designer course, all regulations under 252:110 will apply. To become certified in Oklahoma after that date, the applicant must complete an initial Project Designer course from the Oklahoma accredited trainer. This would also apply to Project Designer renewals and refresher courses.

If someone currently holds LBP certification in another state, how does that person get certified to perform LBP services in the state of Oklahoma?

According to Oklahoma LBP Management Rules, OAC 252:110, there are two ways for people currently certified in another state to become certified in Oklahoma.

First, they can follow the initial certification process:

  1. Take the discipline specific LBP initial course from an Oklahoma accredited training provider.

  2. Submit an initial application with initial application fees.

  3. Pass the 3rd party EPA exam and pay exam fees (if discipline requires test).

Second, they can choose to apply using a current certification issued by another state and follow the process below:

  1. Take the discipline specific LBP refresher course from an Oklahoma accredited training provider, (these courses are usually offered in January, February, and March).

  2. Submit an initial application with initial application fees.

  3. Pay the equivalency review fee, $500.

  4. Pass the 3rd party EPA exam and pay exam fees (if discipline requires test).

DEQ LBP Management Rules 252:110-11-7 states that initial training requirements may be waived except for the refresher training course. The applicant must also satisfy all requirements in 252:110-7-4 and documentation of the certification and of completed training and other services required by the certifying state or agency, copies of the certifying state's or agency's certification requirements, and the name, address and telephone number of an individual responsible for the other certification program. In addition, 252:110-11-9 states applicants requesting approval of LBP certification from another state, an equivalency review fee of $500.00 per certification shall be assessed upon application in addition to the certification fees.

I have already certified with EPA. Since DEQ now has delegation of the RRP program, what do I need to do to become certified through DEQ?

252:110-15-4. Renovator certification requirements
(b) Other state or EPA individual certification issued by EPA or another state must obtain certification from the Department upon expiration of their current certification. Renovators who have not previously been certified must be certified by the Department accredited training course by September 22, 2013.

252:110-15-5. Certification of firms conducting renovation services
(b) Other state or EPA firm certification. Any renovation firm that holds a current and valid certification issued by EPA or another state must obtain certification from the Department by September 22, 2013.

Do all workers need to be RRP certified?

Workers on renovation projects do not need certification so long as on-the-job training is received from a Certified Renovator and the work is not HUD-regulated.

The certified renovator must perform or direct certain key tasks during the renovation and be present on-site during those key tasks, including while:

  • Signs are being posted before the job;

  • The work area is being contained; and

  • The work area is being cleaned post-renovation.

The certified renovator must perform cleaning verification after the job is finished.

  • The certified firm and renovator must make sure that other workers on the renovation job follow lead-safe work practices.

  • The certified firm and renovator must prepare and maintain records.


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