Virginia Regulatory Town Hall

Final Text

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Action:
Initial promulgation of Lead-based Paint Renovation, Repair and ...
Stage: Final
1/18/22  9:11 PM
 
18VAC15-50-10 Definitions

A. Section 54.1-500 of the Code of Virginia provides definitions of the following terms and phrases used in this chapter:

Accredited renovation training program

Board

Dust clearance sampling

Dust sampling technician

Lead-based paint

Lead-based paint activity

Lead-contaminated dust

Lead inspection

Lead inspector

Lead risk assessment

Lead risk assessor

Person

Principal instructor

Renovation

Renovation contractor

Renovator

Training manager

B. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

[ "Address of record" means the mailing address designated by the regulant to receive notices and correspondence from the board. Notice mailed to the address of record by certified mail, return receipt requested, will be deemed valid notice. ]

"Applicant" means a person who [ has submitted submits ] a fully executed an application to the board [ , but has not been granted a license by the board as a renovator, renovation contractor, or dust sampling technician or approval by the board as an accredited renovation training program ] , approval as an accredited renovation training provider, or approval as a training manager or principal instructor by the board [ with the appropriate fee and other required documentation ] .

"Application" means a [ completed, ] board-prescribed form submitted with the appropriate fee and other required documentation [ , including ] , but not limited to, [ references, employment verification, and verification of examination and licensure, certification, or registration ] .

"Approved training course" means a discipline-specific course that is approved by EPA or by the board and is designated as either initial or refresher. This includes the terms "approved renovator initial training course," "approved renovator refresher training course," "approved dust sampling technician initial training course," and "approved dust sampling technician refresher training course."

"Child-occupied facility" means a building or portion of a building constructed prior to 1978, visited regularly by the same child, under six years of age, on at least two different days within any week (Sunday through Saturday period), provided that each day's visit lasts at least three hours and the combined weekly visits last at least six hours, and the combined annual visits last at least 60 hours. Child-occupied facilities may include, but are not limited to, day care centers, preschools and kindergarten classrooms. Child-occupied facilities may be located in target housing or in public or commercial buildings. With respect to common areas in public or commercial buildings that contain child-occupied facilities, the child-occupied facility encompasses only those common areas that are routinely used by children under age six, such as restrooms and cafeterias. Common areas that children under age six only pass through, such as hallways, stairways, and garages are not included. In addition, with respect to exteriors of public or commercial buildings that contain child-occupied facilities, the child-occupied facility encompasses only the exterior sides of the building that are immediately adjacent to the child-occupied facility or the common areas routinely used by children under age six.

[ "Cleaning verification card" means a card developed and distributed or otherwise approved by EPA for the purpose of determining, through comparison of wet and dry disposable cleaning cloths with the card, whether post-renovation cleaning has been properly completed. ]

"Common area" means the portion of a building that is generally accessible to all occupants. This includes, but is not limited to, hallways, stairways, laundry rooms, recreational rooms laundry and recreational rooms, playgrounds, community centers, garages, and boundary fences.

"Component or building component" means specific design or structural elements or fixtures of a building or residential dwelling that are distinguished from each other by form, function, and location. These include, but are not limited to, (i) interior components such as ceilings, crown molding, walls, chair rails, doors, door trim, floors, fireplaces, radiators and other heating units, shelves, shelf supports, stair treads, stair risers, stair stringers, newel posts, railing caps, balustrades, windows and trim (including sashes, window heads, jambs, sills or stools and troughs), built in cabinets, columns, beams, bathroom vanities, counter tops, and air conditioners; and (ii) exterior components such as painted roofing, chimneys, flashing, gutters and downspouts, ceilings, soffits, fascias, rake boards, cornerboards, bulkheads, doors and door trim, fences, floors, joists, lattice work, railings and railing caps, siding, handrails, stair risers and treads, stair stringers, columns, balustrades, windowsills or stools and troughs, casings, sashes and wells, and air conditioners.

"Containment" means a process to protect workers, building occupants, and the environment by controlling exposures to the lead-contaminated dust and debris created during a renovation activity.

"Course agenda" means an outline of the key topics to be covered during a training course, including the time allotted to teach each topic.

"Course test" "Course examination" means an evaluation of the overall effectiveness of the training that tests the trainee's knowledge and retention of the topics covered during the course.

"Department" means the Department of Professional and Occupational Regulation [ or any successor agency ] .

"Discipline" means one of the specific job categories established in this chapter for which individuals must receive training from accredited renovation training providers, as defined in this chapter, and become licensed by the board. For an example, "renovator" is a discipline.

"Discipline" means either renovator or dust sampling technician and refers to the two categories in which training courses may be approved and licenses may be issued pursuant to this chapter.

[ "Dry disposable cleaning cloth" means a commercially-available, dry, electrostatically-charged, white disposable cloth designed to be used for cleaning hard surfaces such as uncarpeted floors or countertops. ]

"Emergency renovation" means renovation, remodeling, or repainting activities that [ were are ] not planned, but [ resulted result ] from a sudden, unexpected event that if not immediately attended to, presents a safety or public health hazard or threatens equipment or property with significant damage. [ Interim controls performed in response to an elevated blood lead level in a residential child are emergency renovations. ]

"EPA" means the U.S. Environmental Protection Agency.

[ "Financial interest" means financial benefit accruing to an individual or to a member of his immediate family. Such interest shall exist by reason of (i) ownership in a business if the ownership exceeds 3.0% of the total equity of the business; (ii) annual gross income that exceeds, or may be reasonably anticipated to exceed $1,000 from ownership in real or personal property or a business; (iii) salary, other compensation, fringe benefits, or benefits from the use of property, or a combination thereof, paid or provided by a person that exceeds or may reasonably be expected to exceed $1,000 annually; or (iv) ownership of real or personal property if the interest exceeds $1,000 in value. ]

"Firm" means [ any business entity recognized under the laws of the Commonwealth of Virginia a sole proprietorship, association, partnership, corporation, limited liability company, limited liability partnership, or any other form of business organization recognized under the laws of the Commonwealth of Virginia and properly registered, as may be required, with the Virginia State Corporation Commission ] .

[ "High-efficiency particulate air vacuum" or "HEPA vacuum" means a vacuum cleaner that has been designed with a HEPA filter as the last filtration stage. A HEPA filter is a filter that is capable of capturing particles of 0.3 microns with 99.97% efficiency. The vacuum cleaner shall be designed so that all the air drawn into the machine is expelled through the HEPA filter with none of the air leaking past it. ]

"HUD" means the U.S. Department of Housing and Urban Development.

[ "Interim controls" means a set of measures designed to temporarily reduce human exposure or likely exposure to lead-based paint hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards, and the establishment and operation of management and resident education programs. ]

"Inspection" means a surface-by-surface investigation to determine the presence of lead-based paint and the provision of a report explaining the results of the investigation.

"Late renewal" means a period of time during which a regulant may renew a license or accredited renovation training program approval after its expiration date by paying an established fee without having to meet additional requirements.

"Licensee" means any person, as defined by § 54.1-500 of the Code of Virginia, who has been issued and holds a currently valid license as a dust sampling technician, renovator, or renovation contractor.

"Minor repair and maintenance activities" means activities, including minor heating, ventilation, or air conditioning work, electrical work, and plumbing, that disrupt six square feet or less of painted surface per room for interior activities or 20 square feet or less of painted surface for exterior activities where none of the work practices prohibited or restricted by this chapter are used and where the work does not involve window replacement or demolition of painted surface areas. When removing painted components, or portions of painted components, the entire surface area removed is the amount of painted surface disturbed. Jobs, other than emergency renovations, performed in the same room within the same 30 days shall be considered the same job for the purpose of determining whether the job is a minor repair and maintenance activity.

[ "NLLAP" means the National Lead Laboratory Accreditation Program.

"NLLAP-recognized laboratory" means a laboratory or other testing firm recognized by the EPA National Lead Laboratory Accreditation Program that defines the minimum requirements and abilities that a laboratory must meet to attain EPA recognition as an accredited lead testing laboratory. ]

"OSHA" means the U.S. Department of Labor, Occupational Safety and Health Administration.

[ "Pamphlet" means the EPA pamphlet titled Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools developed under § 406(a) of the Toxic Substances Control Act for use in complying with § 406(b) of the Toxic Substances Control Act, or any pamphlet approved by the board for the same purpose. ]

"Recognized test kit" means a commercially available kit recognized by EPA as being capable of allowing a user to determine the presence of lead at levels equal to or in excess of 1.0 milligrams per square centimeter or more than 0.5% lead by weight in a paint chip, paint powder, or painted surface.

"Regulant" means a licensee, or accredited renovation training program , or training provider.

"Renewal" means the process and requirements for periodically approving a regulant to continue practicing the continuance of a license or approval as an accredited renovation training program approved training course.

"Substantially equivalent" means requirements that do not conflict with and are at least as rigorous as this chapter and supporting statutes of the board.

"Target housing" means any housing constructed prior to 1978, except for housing for the elderly or persons with disabilities (, unless any one or more children age six years or under younger resides or is expected to reside in such housing for the elderly or persons with disabilities), or any zero-bedroom dwelling.

"Training hour" means at least 50 minutes of actual instruction, including but not limited to time devoted to lecture, learning activities, small group activities, demonstrations, evaluations, and hands-on experience.

[ "Vertical containment" means a vertical barrier consisting of plastic sheeting or other impermeable material over scaffolding or a rigid frame, or an equivalent system of containing the work area. Vertical containment is required for some exterior renovations but it may be used on any renovation.

"Wet disposable cleaning cloth" means a commercially-available, pre-moistened, white disposable cloth designed to be used for cleaning hard surfaces such as uncarpeted floors or countertops.

"Wet mopping system" means a device with the following characteristics: a long handle, a mop head designed to be used with disposable absorbent cleaning pads, a reservoir for cleaning solution, and a built-in mechanism for distributing or spraying the cleaning solution onto a floor, or a method of equivalent efficacy. ]

"Work area" means the area that the licensed renovator establishes to contain the dust and debris generated by a renovation.

18VAC15-50-20  [ Licensure Requirements for licensure ] and training program approval [ requirements  , generally ] 

A. A license issued by the board is required of any person who engages in renovation or dust clearance sampling activities as defined in § 54.1-500 of the Code of Virginia, unless exempt pursuant to § 54.1-512 of the Code of Virginia.

B. Any person who holds a valid EPA renovation, repair, and painting firm, renovator, or dust sampling technician certification on or before (insert the effective date of this chapter), may continue to lawfully practice in Virginia until (insert date that is 12 months after effective date of this chapter). Effective (insert date that is 12 months plus one day after effective date of this chapter), to continue to lawfully practice in Virginia, a valid Virginia renovation contractor, renovator, or dust sampling technician license, as appropriate, [ shall will ] be required.

C. Training courses intended to satisfy the training requirements of this chapter shall be approved by the board.

C. Notwithstanding the provisions of subsection D of this section, renovation training programs and training courses intended to satisfy the training requirements of this chapter [ shall must ] be approved by the board.

D. Any person who holds a valid EPA renovator or dust sampling technician training program accreditation on or before (insert the effective date of this chapter), may continue to provide accredited training in Virginia until (insert date which is 12 months after effective date of this chapter). Effective (insert date that is 12 months plus one day after effective date of this chapter), to continue to provide accredited training in Virginia, a valid Virginia training program accreditation shall be required the renovation training program must obtain and maintain board-approval as an accredited renovation training program.

E. Application shall be made in compliance with 18VAC15-50-60, 18VAC15-50-70, or 18VAC15-50-80, as appropriate.

18VAC15-50-30 Exemptions from licensure requirement Renovation activities

This chapter shall not apply to the following:

1. A person performing a minor repair and maintenance activity as defined in 18VAC15-50-10.

2. A person performing a renovation activity and the paint involved in the renovation activity has been tested by a licensed lead inspector or licensed lead risk assessor who has determined that the paint does not meet the definition of lead-based paint as defined in § 54.1-500 of the Code of Virginia. The renovation contractor shall obtain and maintain a copy of the written inspection or risk assessment report.

3. A person performing a renovation activity and the paint involved in the renovation activity has been tested by a licensed renovator who, using an EPA-recognized test kit as defined in 18VAC15-50-10 and following the kit's manufacturer's instructions, has determined that the paint does not meet the definition of lead-based paint as defined in § 54.1-500 of the Code of Virginia.

Only the following persons may conduct renovation activities for compensation in target housing and child-occupied facilities:

1. An individual licensed by the board as a renovator. [ The licensed renovator shall be the sole proprietor of a licensed renovation contractor firm or work for a licensed renovation contractor through employment, contract, or other agreement. ]

2. An individual trained by and under the direct supervision of a licensed renovator through employment, [ or written ] contract [ , or other agreement ] . [ The individual must be trained in the standards for renovation activities described in 18VAC15-50-410. ]

3. A firm licensed by the board as a renovation contractor. The firm [ shall must ] have a [ licensed ] renovator who is an owner, principal, officer, or employee of the firm, or under contract [ or engaged to with ] the firm [ via some other agreement ] .

18VAC15-50-40 Issuance of temporary licenses not applicable Activities exempt from licensure requirement

The board shall not issue temporary licenses pursuant to § 54.1-201.1 of the Code of Virginia.

This chapter shall not apply to the following:

1. A person performing a minor repair and maintenance activity as defined in 18VAC15-50-10.

2. A person performing a renovation activity and the paint involved in the renovation activity has been tested by a licensed lead inspector or licensed lead risk assessor who has determined that the paint does not meet the definition of lead-based paint as defined in § 54.1-500 of the Code of Virginia. The renovation contractor [ shall must ] obtain and maintain a copy of the written inspection or risk assessment report.

3. A person performing a renovation activity and the paint involved in the renovation activity has been tested by a licensed renovator using a recognized test kit, as defined in 18VAC15-50-10, and, following the kit's manufacturer's instructions or collecting paint chip samples from each painted component to be renovated and submitting to an [ NLLAP recognized NLLAP-recognized ] laboratory for analysis, has determined that the paint does not meet the definition of lead-based paint as defined in § 54.1-500 of the Code of Virginia.

18VAC15-50-50 Application procedures

A. Each [ applicant person ] seeking licensure or accredited renovation training program approval [ shall must ] submit an application on forms provided by the board with the appropriate fee specified in 18VAC15-50-100 18VAC15-50-250. Application shall be made on forms provided by the board The applicant [ shall must ] meet the requirements in effect at the time that the application is received by the department.

B. By [ signing the application or ] submitting [ it electronically an application ] to the department, the applicant certifies that he has read and understands the board's statutes and regulations.

C. The receipt of an application and the deposit of fees by the board do department does not indicate approval by the board.

D. The board may make further inquiries and investigations with respect to the applicant's qualifications to confirm or amplify information supplied. [ All applications must be completed in accordance with the instructions contained in this section and on the application. Applications will not be considered complete until all required documents are received by the board. ]

E. Each applicant will be notified if his application is incomplete. An applicant Applicants who fails fail to complete the process within 12 months of the date of the department's receipt of the original application [ shall must ] submit a new application and the appropriate fee meet the entry requirements in effect at the time the new application is received by the board.

18VAC15-50-60 Qualifications for licensure - individuals General qualifications for individual licensure

A. General. Each applicant shall meet entry requirements in effect at the time that the application is received by the department.

B. Name. The applicant shall disclose his full legal name.

C. Age. The applicant shall be at least 18 years old.

D. Address. The applicant shall disclose a physical address. A post office box is only acceptable when a physical address is also provided.

E. Specific entry requirements.

1. Renovator.

a. An individual applying for a renovator license shall have successfully completed a board-approved or EPA-approved renovator initial training course. If the initial training course was completed more than 60 months prior to the application, the applicant shall have successfully completed an accredited refresher course at least once every 60 months after the date of completion of initial training; or

b. An individual who has successfully completed a board-approved or EPA-approved lead worker or supervisor course within the 36 months immediately preceding application or an individual who has successfully completed HUD, EPA, or the joint EPA/HUD model renovation training course may take a board-approved or EPA-approved renovator refresher training course in lieu of the renovator initial training course.

2. Dust sampling technician.

a. An individual applying for an initial dust sampling technician license shall have successfully completed a board-approved or EPA-approved dust sampling technician initial training course. If the initial training course was completed more than 60 months prior to the application, the applicant shall have successfully completed an accredited dust sampling technician refresher course at least once every 60 months after the date of completion of initial training; or

b. An individual who successfully completed a board-approved or EPA-approved lead-based paint inspector or risk assessor course within the 36 months immediately preceding application, but is not licensed in the discipline by the board, may take a board-approved or EPA-approved dust sampling technician refresher training course in lieu of the dust sampling technician initial training course.

F. Training verification. The applicant shall include with the application:

1. Renovator.

a. A copy of the certificate of completion from the board-approved or EPA-approved renovator initial training course, and if the initial training was completed more than 60 months prior to the application, a copy of the certificate of completion from the most recent renovator refresher training course; or

b. A copy of the certificate of completion from the board-approved or EPA-approved renovator refresher training course and a copy of the certificate of completion from either an accredited lead worker or lead supervisor training course or HUD, EPA, or the joint EPA/HUD model renovation training course completed within the 36 months immediately preceding application.

2. Dust sampling technician.

a. A copy of the certificate of completion from the board-approved or EPA-approved dust sampling technician initial course, and if the initial training was completed more than 60 months prior to the application, a copy of the certificate of completion from the most recent dust sampling technician refresher training course; or

b. A copy of the certificate of completion from the board-approved or EPA-approved dust sampling technician refresher training course and a copy of the certificate of completion from a board-approved or EPA-approved lead-based paint inspector or risk assessor training course completed within the 36 months immediately preceding application.

G. Convictions. Each applicant shall disclose all convictions, in any jurisdiction, of any misdemeanor or felony. Any plea of nolo contendere shall be considered a conviction for the purpose of this subsection. The record of a conviction certified or authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted shall be admissible as prima facie evidence of such guilt. The board will consider any conviction in accordance with § 54.1-204 of the Code of Virginia.

H. Disciplinary action. Applicants shall disclose any disciplinary action taken in any jurisdiction in connection with the applicant's environmental remediation practice, including but not limited to monetary penalties, fines, suspension, revocation, or surrender of a license in connection with a disciplinary action.

I. Standards of practice and conduct. Applicants shall be in compliance with the standards of practice and conduct established in this chapter, as applicable, at the time of application to the board, while the application is under review by the board, and at all times when the license is in effect.

J. Standing. The applicant shall be in good standing in every jurisdiction where licensed and the applicant shall not have had a license that was suspended, revoked, or surrendered in connection with any disciplinary action in any jurisdiction prior to applying for licensure in Virginia. The board, at its discretion, may deny licensure or accreditation to any applicant based on disciplinary action by any jurisdiction.

K. Applicants who disclose items specified in subsections H through J of this section may be granted a license following consideration by the board, in accordance with provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

[ A. ] In addition to the license-specific qualifications for licensure in 18VAC15-50-70 or 18VAC15-50-80, as applicable, an individual seeking licensure as a renovator or dust sampling technician [ shall comply with the following: must meet the requirements provided in this section.]

[ 1. B. ] The applicant [ shall must ] disclose his full legal name.

[ 2. C. ] The applicant [ shall must ] be at least 18 years old.

[ 3. D. ] The applicant [ shall disclose must provide ] a [ physical and ] mailing address [ , which will serve as the address of record ] . A post office box is only acceptable when a physical address is also provided.

[ 4. Each E. In accordance with § 54.1-204 of the Code of Virginia, each ] applicant [ shall must ] disclose [ all convictions, in any jurisdiction, of any misdemeanor within the last five years or of any felony. the following information:

1. Any misdemeanor conviction, except marijuana convictions, within five years of the date of application; and

2. All felony convictions.

Any plea of nolo contendere shall be considered a conviction for the purpose of this subsection. The record of a conviction certified or authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted shall be admissible as prima facie evidence of such guilt. ] The board will consider any conviction in accordance with § 54.1-204 of the Code of Virginia.

[ 5. Applicants shall F. The applicant must ] be in compliance with the standards of practice and conduct established in this chapter [ , EPA, and OSHA, as applicable, ] at the time of application to the board, while the application is under review by the board, and at all times when the license is in effect.

[ 6. Applicants shall disclose G. The applicant must report ] any disciplinary action taken in any jurisdiction including monetary penalties, fines, suspension, revocation, or surrender of a license [ , certificate, or registration ] in connection with a disciplinary action.

[ 7. The applicant shall be in good standing in every jurisdiction where licensed or certified. ] The board, at its discretion, may deny licensure [ or certification ] to an applicant based on disciplinary action by any jurisdiction, including monetary penalties, fines, suspension, revocation, or surrender of a license [ or , ] certificate [ , or registration ] .

[ 8. Applicants H. An applicant ] who [ disclose discloses ] items specified in [ subdivisions 4 and 6 subsections E and G ] of this section may be granted a license following consideration by the board, in accordance with provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

18VAC15-50-70 Qualifications for licensure - renovation contractor firms as a renovator

A. General. Each firm shall secure a license before transacting business in Virginia. Each applicant shall meet entry requirements in effect at the time that the application is received by the department.

B. Name. The firm's name shall be disclosed on the application. The name under which the firm conducts business and holds itself out to the public (i.e., the trade or fictitious name) shall also be disclosed on the application. Each firm shall register its trade or fictitious name with the State Corporation Commission or the clerk of court in the jurisdiction where the business is to be conducted in accordance with Chapter 5 (§ 59.1-69 et seq.) of Title 59.1 of the Code of Virginia before submitting its application to the board.

C. Address. The applicant shall disclose a physical address. A post office box is only acceptable as a mailing address when a physical address is also provided.

D. Form of organization. Applicants shall meet the additional requirements prescribed in this subsection for their business type:

1. Corporations. All applicants shall have been incorporated in the Commonwealth of Virginia, or if a foreign corporation, shall have obtained a certificate of authority to conduct business in Virginia from the State Corporation Commission in accordance with § 13.1-544.2 of the Code of Virginia. The corporation shall be in good standing with the State Corporation Commission at the time of application to the board and at all times when the license is in effect.

2. Limited liability companies. All applicants shall have obtained a certificate of organization in the Commonwealth of Virginia, or if a foreign limited liability company, shall have obtained a certificate of registration to do business in Virginia from the State Corporation Commission, in accordance with § 13.1-1105 of the Code of Virginia. The company shall be in good standing with the State Corporation Commission at the time of application to the board and at all times when the license is in effect.

3. Partnerships. All applicants shall have a written partnership agreement. The partnership agreement shall state that all professional services of the partnership shall be under the direction and control of a licensed or certified professional.

4. Sole proprietorships. Sole proprietorships desiring to use an assumed or fictitious name, that is a name other than the individual's full name, shall have their assumed or fictitious name recorded by the clerk of the court of the jurisdiction wherein the business is to be conducted, in accordance with Chapter 5 (§ 59.1-69 et seq.) of Title 59.1 of the Code of Virginia.

E. Qualifications. Each applicant for renovation contractor licensure shall certify that:

1. All individuals performing renovation activities on behalf of the firm are licensed renovators or have been trained by a licensed renovator as required under this chapter.

2. A licensed renovator shall be physically present at each work site while warning signs are being posted, work area containment is being established, and work area cleaning is being performed. When not on site during renovation activities, the licensed renovator shall be readily available by telephone and able to be present at the work site in no more than two hours.

3. The work practice standards for renovation activities established in this chapter and standards established by EPA and OSHA shall be followed at all times during the performance of renovation activities.

4. Prerenovation education requirements established in this chapter and standards established by EPA shall be followed at all times.

5. The recordkeeping requirements established in this chapter and standards established by EPA shall be followed at all times.

6. The firm is in compliance with all other occupational and professional licenses and standards as required by Virginia statute and local ordinance to transact the business of a renovation contractor.

F. Conviction or guilt. Neither the firm nor its owners, officers, or directors shall have been convicted or found guilty, regardless of adjudication, in any jurisdiction of any felony or misdemeanor involving lying, cheating, or stealing or of any violation while engaged in an environmental remediation activity that resulted in the significant harm or the imminent and substantial threat of significant harm to human health or the environment, there being no appeal pending therefrom or the time for appeal having elapsed. Any plea of nolo contendere shall be considered a conviction for the purposes of this section. A certified copy of the final order, decree, or case decision by a court or regulatory agency with lawful authority to issue such order, decree, or case decision shall be admissible as prima facie evidence of such conviction or discipline. The board will consider any conviction in accordance with § 54.1-204 of the Code of Virginia.

G. Standards of practice and conduct. Each applicant shall be in compliance with the standards of practice and conduct established by this chapter, EPA, and OSHA at the time of application to the board, while the application is under review by the board, and at all times when the license is in effect.

H. Standing. Both the firm and the owners, officers, and directors shall be in good standing in every jurisdiction where licensed, and the applicant shall not have had a license or certification that was suspended, revoked, or surrendered in connection with any disciplinary action in any jurisdiction prior to applying for licensure in Virginia. The board may deny licensure or certification to any applicant based on disciplinary action by any jurisdiction.

I. Denial of license. The board may refuse to issue a license to any renovation contractor applicant if the applicant or its owners, officers, or directors have a financial interest in a renovation contractor whose lead license has been revoked, suspended, or denied renewal in any jurisdiction.

An applicant for a renovator license [ shall must ] provide documentation in the form of a certificate of completion that the applicant has successfully completed one of the following:

1. An approved renovator initial training course. If the initial training was completed more than 60 months prior to the application, the applicant [ shall must ] have successfully completed an approved renovator refresher training course at least onceevery 60 months after the date of completion of an approved renovator initial training course; [ or ]

2. A board-approved or EPA-approved lead worker or supervisor course within the 36 months immediately preceding application and an approved renovator refresher training course within the 60 months immediately preceding application [ ; or

3. A HUD, EPA, or joint EPA/HUD model renovation training course and an approved renovator refresher training course within the 60 months immediately preceding application ] .

18VAC15-50-80 Qualifications for accredited renovation training program approval licensure as a dust sampling technician

A. For a training program to obtain accreditation from the board to teach lead-based paint renovation, repair, and painting activities courses, the program shall demonstrate through its application material that it meets the minimum requirements for principal instructor qualifications, required topic review, length of training, and recordkeeping for each discipline for which the program is seeking accreditation. Training programs shall offer courses that teach the standards for performing lead-based paint renovation, repair, and painting activities contained in this chapter and other such standards adopted by EPA.

B. Each applicant for approval as an accredited renovation training provider shall meet the requirements established by this chapter before being granted approval to offer an accredited renovation training program. Applicants requesting approval of a dust sampling technician or renovator training program to prepare participants for initial and continued licensure shall apply on a form provided by the board. The application form shall be completed in accordance with the instructions supplied and shall include the following:

1. The training provider's business name, physical address, mailing address, and telephone number.

2. The course and type, initial or refresher, for which accreditation is sought. For purposes of this chapter, courses taught in different languages are considered different courses, and each shall independently meet the accreditation requirements of this chapter. A signed statement from a qualified, independent translator that certifies he compared the course to the English language version and found the translation to be accurate shall accompany the application form.

3. A statement signed by the training program manager that certifies the training program meets the minimum requirements established in this chapter.

4. A narrative that states how the training course meets the minimum requirements for accreditation in the following areas:

a. Length of training in hours;

b. Examination content, length, format, and passing score;

c. Topics covered in the training course; and

d. Examination administration and integrity.

5. The names and qualifications, including resumes, education, training, experience, and relevant certifications of each instructor.

6. A copy of all training course materials, including but not limited to student manuals, instructor manuals, training aids, and handouts.

7. A copy of the course agenda that includes the time allotted for each course topic.

8. A copy of the course test and corresponding answer sheet.

9. A description of the facilities and equipment to be used for lecture and hands-on training.

10. A description of the activities and procedures that will be used for conducting the assessment of hands-on skills for the course.

11. An example of a certificate that will be issued to students who successfully complete the course. The certificate shall contain the information listed in 18VAC15-50-270.

12. A proposed course date for auditing purposes.

13. The application fee required by 18VAC15-50-100.

C. The completed application form with attachments and fee shall be received by the board no later than 45 days before the desired audit date.

D. All training courses shall be discipline specific. An applicant may apply for accreditation to offer initial and refresher courses in any of the license disciplines defined in this chapter. A separate application and fee shall be made for each course.

E. Each training program shall be conducted in compliance with this chapter to qualify for and maintain approval as an accredited dust sampling technician or renovator training program.

F. Online training courses shall be accepted by the board for approval. The initial renovator and dust sampling technician training courses require a minimum of two hours of hands-on training activities. Training providers requesting approval for online initial training courses shall meet the hands-on training requirement.

G. An accredited training provider shall have been approved by the board or EPA before its training certificates shall be accepted by the board as evidence that an individual has completed an accredited dust sampling technician or renovator training program.

H. After the application has been found to be complete and in compliance with this chapter, an onsite audit of the training program shall be conducted.

1. If the onsite audit of the training program reveals a deficiency in compliance with this chapter, then the board shall conduct an additional onsite audit and grant approval or deny approval.

2. EPA-accredited courses approved on or before (insert effective date of this chapter), are exempt from the audit requirement.

An applicant for a dust sampling technician license [ shall must ] provide documentation in the form of a certificate of completion that the applicant has successfully completed one of the following:

1. An approved dust sampling technician initial training course. If the approved dust sampling technician initial training course was completed more than 60 months prior to the application, the applicant [ shall must ] have successfully completed an approved dust sampling technician refresher training course at least once every 60 months after the date of completion of an approved dust sampling technician initial training course; or

2. A board-approved or EPA-approved lead-based paint inspector or risk assessor initial or refresher training course within the 36 months immediately preceding application.

18VAC15-50-90 General fee requirements Qualifications for renovation contractor licensure

Part III

Fees

All fees are nonrefundable and shall not be prorated. The date on which the fee is received by the department or its agent will determine whether the fee is on time. Checks or money orders shall be made payable to the Treasurer of Virginia.

A. Each firm [ shall must ] secure a renovation contractor license before conducting renovations in Virginia, unless such activity is exempt from licensure pursuant to § 54.1-512 of the Code of Virginia.

B. The [ firm's name shall be disclosed on the application. The applicant must disclose the ] name under which the firm conducts business and holds itself out to the public [ (i.e., the trade or fictitious name) shall also be disclosed on the application ] . [ Each The ] firm [ shall must ] register [ its ] trade or fictitious [ name names, when applicable, ] with the State Corporation Commission [ or the clerk of court in the county or jurisdiction where the business is to be conducted ] in accordance with Chapter 5 (§ 59.1-69 et seq.) of Title 59.1 of the Code of Virginia [ , as applicable, ] before submitting its application to the board.

C. The applicant [ shall must ] disclose [ a physical and the firm's ] mailing address [ and the firm's physical address ] . A post office box is only acceptable as a mailing address when a physical address is also provided.

D. [ The applicant shall have obtained authorization Firms must be organized as business entities under the laws of the Commonwealth of Virginia or otherwise authorized] to [ do transact ] business in Virginia [ as a corporation, limited liability company, partnership, or association, as applicable, in accordance with Chapter 5 (§ 59.1-69 et seq.) of Title 59.1 of the Code of Virginia or Title 13.1 of the Code of Virginia ] .

E. Each applicant for renovation contractor licensure [ shall must ] certify that:

1. All individuals performing renovation activities on behalf of the firm are licensed renovators or have been or will be trained by a licensed renovator as required under this chapter.

2. A licensed renovator [ shall will ] be physically present at each work site while warning signs are being posted, work area containment is being established, and work area cleaning is being performed, and when not on site during renovation activities, the licensed renovator [ shall will ] be readily available by telephone and able to be physically present at the work site in no more than two hours.

3. The work practice standards for renovation activities established in this chapter and standards established by EPA and OSHA [ shall will ] be followed at all times during the performance of renovation activities.

4. Pre-renovation [ education information distribution ] requirements established in this chapter and standards established by EPA [ shall will ] be followed at all times.

5. The recordkeeping requirements established in this chapter and standards established by EPA [ shall will ] be followed at all times.

6. A renovator [ is will be ] assigned to each renovation performed by the firm and [ discharges discharge ] all of the renovator responsibilities in accordance with 40 CFR 745.90 and this chapter.

7. The firm is in compliance with all other occupational and professional licenses and standards as required by Virginia statute and local ordinance to transact the business of a renovation contractor.

F. [ Each In accordance with § 54.1-204 of the Code of Virginia, each ] applicant [ shall must ] disclose [ all convictions, in any jurisdiction, of any misdemeanor within the last five years or any felony of the following information about ] the firm [ or and ] the owners, officers, or directors of the firm [ , regardless of adjudication, with no appeal pending or the time of appeal having lapsed. :

1. Any misdemeanor conviction, except marijuana convictions, within five years of the date of application; and

2. All felony convictions.

Any plea of nolo contendere shall be considered a conviction for the purposes of this subsection. The record of a conviction certified or authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted shall be admissible as prima facie evidence of such guilt. ] The board will consider any conviction in accordance with § 54.1-204 of the Code of Virginia.

G. [ Applicants shall disclose The applicant must report ] any disciplinary action taken in any jurisdiction [ against the firm, or the owners, officers, or directors of the firm, ] including monetary penalties, fines, suspension, revocation, or surrender of a license [ , certificate, or registration ] in connection with a disciplinary action. [ The board, at its discretion, may deny licensure to an applicant based on disciplinary action by any jurisdiction, including monetary penalties, fines, suspension, revocation, or surrender of a license, certificate, or registration. ]

H. Each applicant [ shall must ] be in compliance with the standards of practice and conduct established by this chapter [ , EPA, and OSHA, as applicable, ] at the time of application to the board, while the application is under review by the board, and at all times when the license is in effect.

[ I. Both the firm and the owners, officers, and directors of the firm shall be in good standing in every jurisdiction where licensed or certified. The board, at its discretion, may deny licensure or certification to an applicant based on disciplinary action by any jurisdiction, including monetary penalties, fines, suspension, revocation, or surrender of a license or certificate.

J. I. ] The board may refuse to issue a license to any renovation contractor applicant if the firm or the owners, officers, or directors of the firm have a financial interest in a renovation contractor who has had a license that has been revoked, suspended or denied renewal in any jurisdiction.

[ J. An applicant who discloses items specified in subsections F and G of this section may be granted a license following consideration by the board, in accordance with provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia). ]

18VAC15-50-95  [ License application denial ] 

[ The board may refuse initial licensure due to an applicant's failure to comply with entry requirements or for any of the reasons it may discipline a licensee. The applicant has the right to request further review of any such action by the board under the Administrative Process Act (§ 2.2.-4000 et seq. of the Code of Virginia). ]

18VAC15-50-100 Application fees Accredited renovation training programs and training course approval

A. Application fees are as follows:

Fee Type

Fee Amount

License:

Dust sampling technician
Renovator
Renovation contractor firm

$45
$45
$60

Initial training program approval:

Accredited dust sampling technician
Accredited renovator

$50
$50

Refresher training program approval:

Accredited dust sampling technician
Accredited renovator

$50
$50

Late renewal - license

Dust sampling technician
Renovator
Renovation contractor firm

$70*
$70*
$85*

Late renewal - initial training program approval

Accredited dust sampling technician
Accredited renovator

$75*
$75*

Late renewal - refresher training program approval

Accredited dust sampling technician
Accredited renovator

$75*
$75*

*includes a $25 late penalty fee in addition to the renewal fee

B. Fees are due with the application.

An accredited renovation training program may offer a single or may offer multiple approved training courses. In conjunction with reviewing the application for the accredited renovation training program, the board [ shall will ] review and if all requirements have been met, approve the training course, training manager, and principal instructor. The training courses for which approval may be sought by an accredited renovation training program are:

1. Renovator initial training course,

2. Renovator refresher training course,

3. Dust sampling technician initial training course, and

4. Dust sampling technician refresher training course.

18VAC15-50-110 Renewal fees Qualifications for accredited renovation training program approval

A. Renewal fees are as follows:

Fee Amount

License:

Dust sampling technician
Renovator
Renovation contractor firm

$45
$45
$60

Initial training program approval:

Accredited dust sampling technician
Accredited renovator

$50
$50

Refresher training program approval:

Accredited dust sampling technician
Accredited renovator

$50
$50

Late renewal - license

Dust sampling technician
Renovator
Renovation contractor firm

$70*
$70*
$85*

Late renewal - initial training program approval

Accredited dust sampling technician
Accredited renovator

$75*
$75*

Late renewal - refresher training program approval

Accredited dust sampling technician
Accredited renovator

$75*
$75*

*includes a $25 late penalty fee in addition to the renewal fee

B. Fees are due with the renewal application.

A. For a renovation training program to obtain approval from the board to provide training for individuals to lawfully engage in renovation or dust clearance sampling, the program [ shall must ] demonstrate through its application material that it meets the minimum requirements provided in this chapter, as applicable. Accredited renovation training programs [ shall must ] offer courses that teach the standards for performing renovation and dust clearance sampling contained in this chapter and other such standards adopted by EPA. A separate application [ shall must ] be submitted for each type of training course for which approval is sought pursuant to this chapter.

B. The application for an accredited renovation training program [ shall must ] include the training program provider's business name, physical address, mailing address, and telephone number. A post office box is only acceptable as a mailing address when a physical address is also provided.

[ C. The applicant must provide the name and documentation of the qualifications of the training manager. The training manager employed by the applicant must meet the requirements of 18VAC15-50-160.

D. The applicant must provide the name and documentation of qualifications for any principal instructors. Principal instructors must meet the requirements of 18VAC15-50-170.

C. E. ] The applicant [ shall must ] provide a description of its facilities. Such description [ shall must ] be sufficient to establish that the facilities are adequate for the delivery of the lecture, course examination, hands-on training, and assessment activities, to include providing training equipment that reflects current work practices and maintaining or updating the equipment or facilities, as needed.

[ D. F. ] The application [ shall must ] include a copy of the quality control plan that must be developed and implemented by the training manager. The plan [ shall must ] be used to maintain and improve the quality of the training program over time and [ shall must ] contain at least the following elements:

1. Procedures for periodic revision of training materials and the course examination to reflect innovations in the field.

2. Procedures for the training manager's annual review of the principal instructor's competency.

18VAC15-50-120 Renewal required General training course requirements

Part IV
Renewal

A. Individual dust sampling technician and renovator licenses shall expire 12 months from the last day of the month in which the license was issued.

B. Renovation contractor licenses shall expire 12 months from the last day of the month in which the license was issued.

C. Accredited renovation training program approvals shall expire 24 months from the last day of the month in which the board granted approval.

D. A fee shall be required for renewal as specified in 18VAC15-50-110.

A. All training courses submitted for approval [ shall will ] be subject to an on-site audit by agents of the board prior to approval. Such audit [ shall will ] be conducted after the application has been found to be in compliance with this chapter. The application [ shall must ] be received by the board no later than 45 days before the desired audit date.

B. The following course information [ shall must ] be submitted with the application for approval.

1. The name, discipline, and type of course that will be offered.

2. The course discipline and whether the course is for initial or refresher training.

3. The language in which the course will be taught. For purposes of this chapter, courses taught in different languages are considered different courses, and each [ shall must ] independently meet the accreditation requirements of this chapter. For each course taught in a language other than English, the application [ shall must ] include a copy of all course materials translated to English.

4. [ Whether the course will be offered online or in a traditional classroom setting The method of course delivery (i.e. online, virtually, classroom) ] . In addition to the other requirements of this chapter, [ online ] initial [ and refresher ] training courses [ shall delivered electronically must ] meet the hands-on training requirements pursuant to 40 CFR 745.225 and 18VAC15-50-130 or 18VAC15-50-140, as applicable.

[ a. Courses delivered electronically must:

(1) Assign a unique identified to each student for them to launch and re-launch the course.

(2) Track each student’s course log-ins, launches, progress, and completion, and maintain these records in accordance with 18VAC15-50-380.

(3) Include periodic knowledge checks equivalent to the number and content of the knowledge checks contained in the EPA’s model course, but at least 16 over the entire course. The knowledge checks must be successfully completed before the student can go on to the next module.

(4) Have a test of at least 20 questions at the end of the electronic learning portion of the course, of which 80% must be answered correctly by the student for successful completion of the electronic learning portion of the course. The test must be designed so that students do not receive feedback on their test answers until after they have completed and submitted the test.

(5) Allow each student to be able to save or print a copy of an electronic learning course completion certificate. The electronic certificate must not be susceptible to easy editing. ]

C. Specific information regarding the examination, including:

1. Examination content, length, format, and passing score;

2. Examination administration and integrity; and

3. A copy of the course examination that complies with 18VAC15-50-200 and the corresponding examination answer sheet.

D. The names and qualifications, including resumes, education, training, experience, and relevant certifications of each instructor.

E. A copy of all training course materials including student manuals, instructor manuals, training aids, and handouts.

F. The course agenda that includes the topics to be covered, the time allotted for each course topic, and the allotted time for hands-on training in compliance with 40 CFR 745.225 and 18VAC15-50-130 or 18VAC15-50-140, as applicable.

G. A description of the facilities and equipment to be used for lecture and hands-on training.

H. A description of the activities and procedures that will be used for conducting the assessment of hands-on skills for the course.

I. An example of a certificate of completion that will be issued to students who successfully complete the course. The certificate of completion [ shall must ] contain the information listed in [ 18VAC15-50-200 18VAC15-50-210 ] .

J. A proposed course [ schedule ] , if determined, for auditing purposes.

18VAC15-50-130 Procedures for renewal Renovator initial training course requirements

A. The department shall mail a renewal notice to the licensee or accredited renovation training provider at the last known address. The notice shall outline the procedures for renewal and the renewal fee amount. Failure to receive the notice shall not relieve the licensee or accredited training provider of the obligation to renew in a timely fashion.

B. Prior to the expiration date shown on the license, the renovator or dust sampling technician desiring to renew the license shall return to the board the renewal notice, renewal fee, and as appropriate, a copy of the most recent refresher training certificate.

C. Prior to the expiration date shown on the license, the renovation contractor desiring to renew the license shall return to the board the renewal notice and the renewal fee.

D. Prior to the expiration date shown on the approval letter, the accredited renovation training program desiring to renew the approval shall return to the board the renewal notice and the renewal fee. Documentation that the requirements in 18VAC15-50-140 have been met shall accompany the renewal notice and fee.

E. Should the licensee or accredited renovation training program fail to receive the renewal notice, a copy of the current license or accredited renovation training program approval letter may be substituted for the renewal notice.

F. By renewing the license, the licensee is certifying his continued compliance with the general standards of practice and conduct in Part V (18VAC15-50-150 et seq.) of this chapter.

G. Each license or accredited training program approval that is not renewed within 30 days after the expiration date on the license or accredited renovation training program approval letter shall be subject to the late renewal fee as established in 18VAC15-50-110.

H. Each license or accredited training program approval that is not renewed within six months after the expiration date on the license or accredited renovation training program approval letter shall not be renewed. The licensee or approved accredited renovation training program shall apply as a new applicant and meet all entry requirements as established by this chapter.

A. The renovator course [ shall must ] last a minimum of eight training hours, with a minimum of two hours devoted to hands-on training. Hands-on training [ shall must ] cover [ procedures for using acceptable test kits to determine whether paint is lead-based paint, ] renovation methods that minimize the creation of dust and lead-based paint hazards, interior and exterior containment and cleanup methods, and post-renovation cleaning verification.

B. The training course [ shall must ] include, at a minimum, the following course topics:

1. Role and responsibility of a renovator.

2. Background information on lead and its adverse health effects.

3. Background information on EPA, HUD, OSHA, and other federal, state, and local regulations and guidance that pertains to lead-based paint and renovation activities.

4. Procedures for using acceptable test kits to determine whether paint is lead-based paint.

5. Procedures for collecting a paint chip sample and sending it to an [ NLLAP recognized NLLAP-recognized ] laboratory for analysis.

6. Renovation methods to minimize the creation of dust and lead-based paint hazards.

7. Interior and exterior containment and cleanup methods.

8. Methods to ensure that the renovation has been properly completed, including cleaning verification and clearance testing.

9. Waste handling and disposal.

10. Providing on-the-job training to other workers.

11. Record preparation.

18VAC15-50-140 Qualifications for renewal Dust sampling technician initial training course requirements

A. Individuals.

1. Licensees desiring to maintain an individual dust sampling technician or renovator license shall satisfactorily complete the refresher training program established by this chapter no later than the last day of the month that is 60 months after the date of completion of the initial training program or the most recent refresher training program.

2. Satisfactory completion of initial or refresher training shall be documented by a copy of a certificate of completion from a board-approved or EPA-approved training program.

3. Refresher training shall be specific to the discipline of the license being renewed.

4. The board shall renew an individual dust sampling technician or renovator license for an additional 12 months upon receipt of:

a. A renewal application in accordance with 18VAC15-50-130;

b. A fee in accordance with 18VAC15-50-110; and

c. As appropriate, a copy of a training certificate documenting compliance with subdivision 1 of this subsection.

5. Submission of the renewal application and renewal fee to the board shall constitute a certification that the licensee is in full compliance with the board's regulations.

B. Renovation contractor. The board shall renew a renovation contractor license for an additional 12 months upon receipt of a renewal application and the renewal fee, pursuant to 18VAC15-50-130 and 18VAC15-50-110. Submission of the renewal application and renewal fee to the board shall constitute a certification that the licensee is in full compliance with the board's regulations.

C. Accredited renovation training programs.

1. Accredited renovation training providers desiring to maintain approval of the accredited renovation training program shall submit the following no later than 24 months after the date of initial approval and not less than once every 24 months thereafter:

a. The training provider's business name, physical address, mailing address, and telephone number.

b. A statement signed by the training program manager that certifies:

(1) The course materials for each course meet the requirements of Part VII (18VAC15-50-300 et seq.) of this chapter;

(2) The training manager and principle instructors meet the qualifications listed in 18VAC15-50-210;

(3) The training manager complies at all times with all requirements of this chapter;

(4) The quality control plan meets the requirements noted in 18VAC15-50-280; and

(5) The recordkeeping requirements established by this chapter will be followed.

2. Submission of the renewal application and renewal fee to the board shall constitute a certification that the accredited renovation training provider is in full compliance with the board's regulations.

3. An audit by a board representative may be performed to verify the certified statements and the contents of the application before reaccreditation is granted.

4. Accredited renovation training programs determined by the board to have met the renewal requirements shall be issued an approval for an additional 24 months.

A. The dust sampling technician course [ shall must ] last a minimum of eight training hours, with a minimum of two hours devoted to hands-on training. Hands-on training [ shall must ] cover dust sampling methodologies [ , and report preparation ] .

B. The training course [ shall must ] include, at a minimum, the following course topics:

1. Role and responsibility of a dust sampling technician.

2. Background information on lead and its adverse health effects.

3. Background information on federal, state, and local regulations and guidance that pertains to renovation activities.

4. Dust sampling methodologies.

5. Clearance standards and testing.

6. Report preparation.

18VAC15-50-150 Grounds for denial of application, denial of renewal, or disciplinary action Refresher training criteria

Part V
General Standards of Practice and Conduct

A. The board shall have the authority to (i) fine any licensee or accredited renovation training provider, training manager, or principal instructor; (ii) deny renewal; and (iii) suspend, revoke, or deny application for any license or approval as an accredited renovation training program, accredited renovation training provider, training manager, or principal instructor provided for under Chapter 5 (§ 54.1-500 et seq.) of Title 54.1 of the Code of Virginia for:

1. Violating or inducing another person to violate any of the provisions of Chapter 1 (§ 54.1-100 et seq.), 2 (§ 54.1-200 et seq.), 3 (§ 54.1-300 et seq.), or 5 of Title 54.1 of the Code of Virginia, or any of the provisions of this chapter.

2. Obtaining a license, approval as an accredited renovation training program, approval as an accredited renovation training provider, or approval as a training manager or principal instructor through fraudulent means.

3. Altering, falsifying, or issuing a fraudulent Virginia individual dust sampling technician or renovator license or training certificate.

4. Violating any provision of any federal, state, or local law or regulation pertaining to renovation activities.

5. Having been found guilty by the board, another regulatory authority, or a court of any misrepresentation in the course of performing his renovator, dust sampling technician, renovation contractor, or training provider duties related to his license or approval.

6. Subject to the provisions of § 54.1-204 of the Code of Virginia, having been convicted or found guilty, regardless of adjudication in any jurisdiction of the United States, of any felony or of any misdemeanor involving lying, cheating, or stealing or of any violation while engaged in an environmental remediation activity that resulted in the significant harm or the imminent and substantial threat of significant harm to human health or the environment, there being no appeal pending therefrom or the time for appeal having elapsed. Any plea of nolo contendere shall be considered a conviction for the purposes of this chapter. A certified copy of the final order, decree, or case decision by a court or regulatory agency with lawful authority to issue such order, decree, or case decision shall be admissible as prima facie evidence of such conviction or discipline.

7. Failing to notify the board in writing within 30 days of pleading guilty or nolo contendere or being convicted or found guilty of any felony or of any misdemeanor involving lying, cheating, or stealing or of any violation while engaged in an environmental remediation activity that resulted in the significant harm or the imminent threat of significant harm to human health or the environment.

8. Negligence or a continued pattern of incompetence in the practice of the discipline in which the license is held.

9. Failing or neglecting to send any information or documentation that was requested by the board or its representative.

10. Failing to notify the board in writing within 30 days after any change in address or name.

11. Acting as or being an ostensible licensee for undisclosed persons who do or will control or direct, directly or indirectly, the operations of the licensee's business.

12. Refusing to allow state or federal representatives access to any area of a renovation, repair, and painting site for the purpose of lawful compliance inspections.

13. Any unlawful act or violation of any provision of Chapter 5 (§ 54.1-500 et seq.) of Title 54.1 of the Code of Virginia or of the regulations of the board by any renovator may be cause for disciplinary action against the renovation contractor for whom the renovator works, either as an employee or subcontractor, if it appears to the satisfaction of the board that the renovation contractor knew or should have known of the unlawful act or violation.

B. Any person whose license, approval as an accredited renovation training program, approval as an accredited renovation training provider, or approval as a training manager or principal instructor is revoked or withdrawn under this section shall not be eligible to reapply for a period of one year from the effective date of the final order of revocation or withdrawal of approval. The person shall meet all education, experience, training, and documentation requirements, complete the application, and submit the required fee for consideration as a new applicant.

C. The board shall conduct disciplinary procedures in accordance with §§ 2.2-4019 and 2.2-4021 of the Code of Virginia.

A. Renovator refresher training courses [ shall must ] last a minimum of four hours and review the curriculum topics of the full-length course specified in 18VAC15-50-130 [ , and include a hands-on component ] .

B. Dust sampling technician refresher training courses [ shall must ] last a minimum of four hours and review the curriculum topics of the full-length course specified in 18VAC15-50-140. [ Dust sampling technician refresher training courses must include a hands-on component and conduct a hands-on assessment. ]

C. Renovator and dust sampling technician refresher courses shall also address:

1. An overview of current safety practices relating to lead-based paint in general, as well as specific information pertaining to the appropriate discipline.

2. Current laws and regulations relating to lead-based paint in general, as well as specific information pertaining to the appropriate discipline.

3. Current technologies relating to lead-based paint in general, as well as specific information pertaining to the appropriate discipline.

18VAC15-50-160 Maintenance of license Training manager qualifications

A. Each regulant shall report all changes of address to the board in writing within 30 calendar days of the change and shall return the license or accredited renovation training course approval to the board. A physical address is required for each license. A post office box is acceptable only when a physical address is also provided. If the regulant holds more than one license, the regulant shall inform the board of all licenses affected by the address change.

B. Each regulant shall operate under the name in which the license is issued. Regulants shall report any change of individual or business name to the board in writing within 30 calendar days of the name change and shall return the license or accredited renovation training course approval to the board. If the regulant holds more than one license, the regulant shall inform the board of all licenses affected by the name change.

C. No license or accredited renovation training course approval issued by the board shall be assigned or otherwise transferred. Any attempt to assign or otherwise transfer a license shall make the license void.

D. Each regulant shall notify the board of changes in the firm within 30 days of the change. Such changes include, but are not limited to, the:

1. Cessation of the business or the voluntary termination of a sole proprietorship or general partnership;

2. Death of a sole proprietor or the death or withdrawal of a general partner in a general partnership or the managing partner in a limited partnership; or

3. Formation or dissolution of a corporation, limited liability company, association, or any other business entity recognized under the laws of the Commonwealth of Virginia.

E. Each regulant shall keep his board-approved training and license current.

The accredited renovation training program [ shall must ] certify that the training manager is an employee of the accredited renovation training program and provide documentation that the training manager meets the following requirements:

1. Has at least two years of experience, education, or training in teaching workers or adults or has a bachelor's or graduate degree in building construction technology, engineering, industrial hygiene, safety, public health, education, business administration, or program management or a related field or has two years of experience in managing a training program specializing in environmental hazards; and

2. Has [ demonstrated ] experience, education, or training in the construction industry, including lead or asbestos abatement, painting, carpentry, renovation, remodeling, occupational safety and health, or industrial hygiene.

18VAC15-50-170 Recordkeeping and reporting requirements for renovation contractors Principal instructor qualifications

All licensed renovation contractors shall comply with the information distribution, records retention, and reporting requirements related to renovation activities, in accordance with 40 CFR Part 745.

The accredited renovation training program [ shall must designate a qualified principal instructor for each course and ] certify that the qualified principal instructor is an employee of or contracted to the accredited renovation training program and provide documentation that the principal instructor meets the following requirements:

1. Has [ demonstrated ] experience, education, or training in teaching workers and adults;

2. Has successfully completed at least [ eight 16 ] hours of any EPA-approved or board-approved lead-specific training [ for instructors ] of lead-based paint activities courses or eight hours of any EPA-approved or board-approved lead-specific training [ for instructors ] of renovator or dust sampling technician courses; and

3. Has [ demonstrated ] experience, education, or training in lead or asbestos abatement, painting, carpentry, renovation, remodeling, occupational safety and health, or industrial hygiene.

18VAC15-50-180 Notice of adverse action Qualifications for a training manager serving as a principal instructor

A. Regulants shall notify the board of the following actions:

1. Any disciplinary action taken by another jurisdiction, board, or administrative body of competent jurisdiction, including but not limited to any reprimand, revocation, suspension, or denial, monetary penalty, or requirement for remedial education or other corrective action taken on any accredited renovation training course approval, license, certification, registration, or authorization of the regulant.

2. Any voluntary surrendering of a license, certificate, registration, authorization, or accredited renovation training course approval done in connection with an open disciplinary action in another jurisdiction.

3. Any conviction or finding of guilt, regardless of adjudication or deferred adjudication, of any felony or misdemeanor. Any plea of nolo contendere shall be considered a conviction for the purpose of this section.

B. All notices shall be made to the board in writing within 30 days of the action. A copy of the order or other supporting documentation shall accompany the notice. The record of conviction, finding, or case decision shall be considered prima facie evidence of a conviction or finding of guilt.

Any training manager who intends to also serve as a principal instructor [ shall must ] meet the requirements specified in 18VAC15-50-170 and [ , ] prior to instructing, provide documentation to the board.

18VAC15-50-190 Response to inquiry and provision of records Training manager and principal instructor documentation

A. A regulant shall promptly respond to the board or any of its agents regarding a complaint.

B. The regulant shall promptly produce to the board or any of its agents any document, book, or record, or copy thereof, in which the regulant was involved, or that is in the regulant's possession or control concerning a transaction covered by this chapter, or for which the regulant is required to maintain records.

C. A regulant shall not provide a false, misleading, or incomplete response to the board or any of its agents seeking information in the investigation of a complaint filed with the board.

The following documents [ shall will ] be recognized by the board as proof that the training managers and principal instructors meet the relevant education, work experience, and training requirements specifically listed in 18VAC15-50-160 and 18VAC15-50-170. All documentation [ shall will ] be reviewed and [ , ] if acceptable, be approved by the board prior to the principal instructor teaching an approved training course or a training manager fulfilling his responsibilities pursuant to 18VAC15-50-370.

1. Official academic transcripts or diploma as proof of meeting the education requirements.

2. Resumes, letters of reference, or documentation of work experience as proof of meeting the experience requirements.

3. Certificates of completion from lead-specific training courses as proof of meeting the training requirements.

18VAC15-50-200 Changes to an accredited renovation training program or provider Course examination for approved initial training courses

Part VI
Standards of Practice and Conduct for Accredited Renovation Training Programs

A. Substantial changes made in any of the course items, after the course has been approved, shall be submitted to the board for review and approval prior to the continuation of the training course. The items include, but are not limited to:

1. Course curriculum.

2. Course examination.

3. Course materials.

4. Training manager and principal instructor or instructors.

5. Certificate of completion.

B. When an accredited renovation training provider offering an accredited renovation training program has a change of ownership, the new owner shall make written notification to the board within 30 days of the change of ownership. The new owner shall apply anew.

C. The accredited renovation training provider shall notify the board 30 days prior to relocating its business or transferring the records.

A. Upon completion of each approved initial training course, the accredited renovation training program [ shall must ] conduct a monitored, written course examination and a hands-on skills assessment, or as an alternative, a proficiency examination. To pass the course, each individual [ shall must ] successfully complete the hands-on skills assessment and receive a passing score on the course examination, or successfully complete a proficiency examination. [ Refresher training programs are not required to conduct a hands-on skills assessment. ]

B. The course examination, an evaluation of the overall effectiveness of the training, [ shall must ] test the trainee's knowledge and retention of the course topics covered.

C. The passing score on the course examination [ shall must ] be 70%.

D. The hands-on skills assessment, an evaluation of the effectiveness of the hands-on training, [ shall must ] test the ability of the trainee to demonstrate satisfactory performance of work practices and procedures established in Part IX [ (18VAC15-50-390 et seq.) ] of this chapter, as well as any other skills demonstrated in the course.

E. The use of a proficiency examination in lieu of a hands-on assessment and course examination may be considered by the training provider. An accredited renovation training program that offers a proficiency examination [ shall assure must ensure ] that the examination consists primarily of an evaluation of the effectiveness and reliability of a student's ability to conduct a particular renovation activity. The proficiency examination [ shall must ] also cover all topics and skills addressed in the discipline-specific course.

[ F. For a training program to make use of a proficiency-based course, the proficiency-based course must be approved by the board in the same manner as approval for any other course, including fees. ]

18VAC15-50-210 Qualifications of the training manager and principal instructor Course certificates of completion

A. The training program shall employ a training manager who:

1. Has at least two years of experience, education, or training in teaching workers or adults; has a bachelor's or graduate degree in building construction technology, engineering, industrial hygiene, safety, public health, education, business administration, or program management or a related field; or has two years of experience in managing a training program specializing in environmental hazards.

2. Has demonstrated experience, education, or training in the construction industry, including lead or asbestos abatement, painting, carpentry, renovation, remodeling, occupational safety and health, or industrial hygiene.

B. The training program shall employ a qualified principal instructor, designated by the training manager, for each course who:

1. Has demonstrated experience, education, or training in teaching workers and adults.

2. Has successfully completed at least 16 hours of any EPA-accredited or board-approved lead-specific training for instructors of lead-based paint activities courses or eight hours of any EPA-accredited or board-approved lead-specific training for instructors of renovator or dust sampling technician courses.

3. Has demonstrated experience, education, or training in lead or asbestos abatement, painting, carpentry, renovation, remodeling, occupational safety and health, or industrial hygiene.

C. Documentation of all principal instructor qualifications shall be reviewed and approved by the board prior to the principal instructor teaching in an accredited renovation program.

The accredited renovation training program [ shall will ] issue unique course certificates of completion to each individual who passes the training course. The course certificate of completion [ shall must ] include:

1. The board-assigned approved training course number.

2. The name, a unique identification number, and address of the individual.

3. The name, discipline, and type of the particular course that the individual completed.

4. The dates of course completion and examination passage.

5. The expiration date. Certificates of completion shall expire 60 months from the date of course completion.

6. The name, address, and telephone number of the training program.

7. The name and signature of the training manager and principal instructor.

8. The language in which the course was taught.

9. A photograph of the individual.

18VAC15-50-220 Responsibilities of the training manager Acceptance of certificates of completion; retroactive approval prohibited

A. The training manager shall be responsible for ensuring that the training program complies at all times with the requirements of this section. The training manager is also responsible for:

1. Maintaining the validity and integrity of the hands-on skills assessment or proficiency test to ensure that it accurately evaluates the trainees' performance of the work practices and procedures associated with the course topics.

2. Maintaining the validity and integrity of the course test to ensure that it accurately evaluates the trainees' knowledge and retention of the course topics.

B. The training manager shall designate a principal instructor for each course offered. The principal instructor shall be responsible for the organization of the course and oversight of the teaching of all course material.

C. The training manager may designate guest instructors, as needed, to provide instruction specific to the lecture, hands-on activities, or work practice components of a course.

D. Any training manager who intends to also serve as a principle instructor shall meet the requirements of subsection B of 18VAC15-50-210 and, prior to instructing, provide documentation to the board.

An accredited renovation training program and its training course must have been approved by the board or EPA before its certificates of completion will be accepted by the board as evidence that an individual has completed an approved training course. Retroactive approval of training courses is not permitted. A certificate of completion submitted by an individual seeking to obtain or maintain licensure will not be accepted if such training course was completed before board or EPA-approval.

18VAC15-50-230 Training manager and principal instructor documentation Audit of accredited renovation training program training course

The following documents shall be recognized by the board as proof that the training managers and principal instructors meet the relevant education, work experience, and training requirements specifically listed in 18VAC15-50-210:

1. Official academic transcripts or diploma, as proof of meeting the education requirements.

2. Resumes, letters of reference, or documentation of work experience, as proof of meeting the experience requirements.

3. Certificates from train-the-trainer courses and lead-specific training courses, as proof of meeting the training requirements.

A. After the application has been found to be complete and in compliance with this chapter, an on-site audit of the training program [ shall will ] be conducted.

1. If the on-site audit of the training program reveals compliance with this chapter, then the board [ shall will ] grant approval.

2. If the on-site audit of the training program reveals a deficiency in compliance with this chapter, then the board [ shall will ] notify the training program of the deficiency and give a timeframe for correction of the deficiency. The board or its agent [ shall will ] then conduct an additional on-site audit. Additional or continued deficiencies may result in denial of the application.

B. EPA accredited courses approved on or before (insert effective date of chapter) are exempt from the audit requirement of subsection A of this section.

18VAC15-50-240 Training facilities General fee requirements

The training program shall provide adequate facilities for the delivery of the lecture, course test, hands-on training, and assessment activities. The training program shall provide training equipment that reflects current work practices and maintaining or updating the equipment or facilities, as needed.

All fees are nonrefundable and [ shall will ] not be prorated. The date on which the fee is received by the department or its agent will determine whether the fee is on time. Checks or money orders [ shall must ] be made payable to the Treasurer of Virginia.

18VAC15-50-250 Length of training courses Application fees

[

Fee Type

Fee Amount

Individuals

Application for dust sampling technician license

$45.00

Application for renovator license

$45.00

Contractors (Firm)

Application for renovation contractor license

$60.00

Accredited Renovation Training Programs

Initial application for accredited renovation training program

$500.00

Application for additional training course approval

$250.00

Application for training programs approved by EPA before (insert the effective date of this chapter)

$25.00

]

A. Training courses shall meet the following training hour requirements:

1. The dust sampling technician initial training course shall last a minimum of eight training hours, with a minimum of two hours devoted to hands-on training activities. Hands-on training activities shall cover dust sampling methodologies.

2. The renovator initial training course shall last a minimum of eight training hours, with a minimum of two hours devoted to hands-on training activities. Hands-on training activities shall cover renovation methods that minimize the creation of dust and lead-based paint hazards, interior and exterior containment and cleanup methods, and post-renovation cleaning verification.

3. Refresher training courses shall last a minimum of four hours.

B. In no case shall actual training exceed eight hours during a 24-hour period.

The fee amount provided in the fee table [ shall must ] be submitted with the application indicated.

Fee Type

Fee Amount

Individuals

Application for dust sampling technician license

$45.00

Application for renovator license

$45.00

Contractors (Firm)

Application for renovation contractor license

$60.00

Accredited Renovation Training Programs

Initial application for accredited renovation training program

$500.00

Application for additional training course approval

$250.00

Application for training programs approved by EPA before (insert the effective date of this chapter)

$25.00

18VAC15-50-260 Course examination Renewal fees

A. Upon completion of each initial training course, the accredited renovation training program shall conduct a monitored, written course test and a hands-on skills assessment or, as an alternative, a proficiency test. To pass the course, each individual shall (i) successfully complete the hands-on skills assessment and receive a passing score on the course test or (ii) successfully complete a proficiency test. Refresher training programs are not required to conduct a hands-on skills assessment.

B. The course test, an evaluation of the overall effectiveness of the training, shall test the trainees' knowledge and retention of the course topics covered.

C. The passing score on the course test shall be 70%.

D. The hands-on skills assessment, an evaluation of the effectiveness of the hands-on training, shall test the ability of the trainees to demonstrate satisfactory performance of work practices and procedures established in Part VIII (18VAC15-50-330 et seq.) of this chapter, as well as any other skills demonstrated in the course.

E. The use of a proficiency test in lieu of a hands-on assessment and course test may be considered by the training provider. An accredited renovation training program that offers a proficiency test shall assure that the test consists primarily of an evaluation of the effectiveness and reliability of a student's ability to conduct a particular renovation activity. The proficiency test shall also cover all topics and skills addressed in the discipline specific course. For a training program to make use of a proficiency-based course, the proficiency-based course must be approved by the board in the same manner as approval for any other course, including fees.

The fee amount in the fee table [ shall must ] be submitted with the renewal application indicated.

Fee Type

Fee Amount

Individuals

Renewal of dust sampling technician license

$45.00

Late renewal of dust sampling technician license (includes a $35.00 late penalty fee in addition to the $45.00 renewal fee)

$80.00

Renewal of renovator license

$45.00

Late renewal of renovator license (includes a $35.00 late penalty fee in addition to the $45.00 renewal fee)

$80.00

Contractors (Firm)

Renewal of renovation contractor license

$60.00

Late renewal of renovation contractor license (includes a $35.00 late penalty fee in addition to the $60.00 renewal fee)

$95.00

Accredited Renovation Training Programs

Renewal for accredited renovation training program

$125.00

Late renewal for accredited renovation training program (includes a $35.00 late penalty fee in addition to the $125.00 renewal fee)

$160.00

18VAC15-50-270 Course completion certificates Renewal required

The accredited renovation training program shall issue unique course completion certificates to each individual who passes the training course. The course completion certificate shall include:

1. A unique certificate number.

2. The name, a unique identification number, and address of the individual.

3. The name of the particular course that the individual completed.

4. The dates of course completion and test passage.

5. The expiration date. Training certificates shall expire 60 months from the date of course completion.

6. The name, address, and telephone number of the training program.

7. The name and signature of the training manager and principal instructor.

8. The language in which the course was taught.

9. A photograph of the individual.

A. Individual dust sampling technician, [ and ] renovator [ , and renovation contractor ] licenses [ shall will ] expire 12 months from the last day of the month in which the license was issued.

[ B. Renovation contractor licenses will expire 24 months from the last day of the month in which the license was issued.

B. C. ] Accredited renovation training programs [ shall will ] expire 24 months from the last day of the month in which the board granted approval.

[ C. D. ] A fee [ shall will ] be required for renewal as specified in 18VAC15-50-260.

18VAC15-50-280 Quality control plan Procedures for renewal

The training manager shall develop and implement a quality control plan. The plan shall be used to maintain and improve the quality of the training program over time and shall contain at least the following elements:

1. Procedures for periodic revision of training materials and the course test to reflect innovations in the field.

2. Procedures for the training manager's annual review of the principal instructor's competency.

competency.

A. [ The department shall Prior to the expiration date shown on the license or approval letter, the board will ] mail a renewal notice to the regulant at the [ last known mailing ] address of record. [ The notice shall outline the procedures for renewal and the renewal fee amount. Failure to receive the notice shall not relieve the regulant of the obligation to renew in a timely fashion. ]

B. Prior to the expiration date shown on the license, the renovator or dust sampling technician desiring to renew the license [ shall must ] return to the board the renewal notice, renewal fee, and a copy of the most recent applicable approved refresher training certificate of completion in accordance with 18VAC15-50-290.

C. Prior to the expiration date shown on the license, the renovation contractor desiring to renew the license [ shall must ] return to the board the renewal notice and the renewal fee.

D. Prior to the expiration date shown on the approval letter, the accredited renovation training program desiring to renew the approval of approved training courses [ shall must ] return to the board the renewal notice and the renewal fee. [ Documentation that the requirements in 18VAC15-50-290 have been met shall accompany the renewal notice and fee. ]

E. [ Should Failure to receive the renewal notice does not relieve the regulant of the obligation to renew. If ] the regulant [ fail fails ] to receive the renewal notice, a copy of the current license or accredited renovation training program approval letter may be [ substituted for the renewal notice submitted with the required fee and any other required documentation as an application for renewal ] . [ The date on which the renewal application is received by the department or its agent will determine whether the renewal application was received on time. ]

F. By renewing the license or accreditation, the regulant is certifying the regulant's continued compliance with the Standards of Practice and Conduct, as applicable to the license or accreditation being renewed, in this chapter. Submission of the renewal application and renewal fee to the board [ shall will ] constitute a certification that the regulant is in full compliance with this chapter.

G. By renewing an accredited renovation training program, the training program certifies continued compliance with the provisions of this chapter of each training course approved for the accredited renovation training program.

H. Each license or accredited renovation training program that is not renewed within 30 days after the expiration date on the license or accredited renovation training program [ shall approval letter will ] be subject to the late renewal fee as established in 18VAC15-50-260.

I. Each license or accredited renovation training program that is not renewed within 12 months after the expiration date on the license or accredited renovation training program [ shall approval letter will ] not be renewed. The individual, firm, or renovation training program [ shall must ] apply as a new applicant and meet all entry requirements in effect at the time of submittal of the new application.

18VAC15-50-290 Training program recordkeeping and provision of records to the board Qualifications for individual license renewal

A. Each accredited renovation training program shall comply with the training program recordkeeping requirements in accordance with 40 CFR Part 745 with the exception that the accredited training program shall retain records at the address specified on the training program application or as updated with the board for a minimum of five years and six months.

B. The training manager shall notify the board at least 48 hours prior to the start date of any dust sampling technician or renovator course.

C. The training manager shall provide an updated notification when dust sampling technician or renovator courses will begin on a date other than the start date specified in the original notification as follows:

1. For dust sampling technician or renovator courses beginning before the start date provided to the board, an updated notification must be received by the board at least 48 hours before the new start date.

2. For dust sampling technician or renovator courses beginning after the start date provided to the board, an updated notification must be received by the board at least 48 hours before the new start date provided to the board.

D. The training manager shall update the board of any change in location of the dust sampling technician or renovator courses at least 48 hours prior to the start date provided to the board.

E. Barring situations or circumstances beyond the control of the training provider, the training manager shall update the board regarding the cancellation of any dust sampling technician or renovator courses at least two business days prior to the start date provided to the board. For the purposes of this section, a business day shall mean Monday through Friday with the exception of holidays, in accordance with § 2.2-3300 of the Code of Virginia.

F. Each notification, including updates, shall include the following:

1. Notification type (original, revision, cancellation).

2. Training program name, Virginia accreditation number, address, and telephone number.

3. Course discipline, type (initial or refresher), and the language in which instruction will be given.

4. Dates and times of training.

5. Training locations and corresponding addresses and telephone numbers.

6. Principal instructor's name.

7. Training manager's name.

G. The training program participant list shall be completed by the training provider and training program participants daily.

H. The training program participant list shall be retained by the training provider for a minimum of five years and six months following the date of completion of the dust sampling technician or renovator courses.

I. The training manager shall provide the board the accredited renovation training program participant list no later than two business days following completion of the dust sampling technician or renovator courses.

J. The renovation training program participant list shall include the following:

1. Training program name, Virginia accreditation number, address, and telephone number.

2. Course discipline and type (initial or refresher).

3. Dates of training.

4. Each participant's name, address, social security number or Virginia DMV control number, course completion certificate number, and course test score.

5. Participant list type (original or revision).

6. Training manager's name.

K. Notification and training program participant lists shall be submitted electronically in the form prescribed by the department.

L. The training provider shall retain all examinations completed by training program participants for a minimum of five years and six months.

M. The board shall not recognize training certificates from approved training providers that fail to notify or fail to provide a training program participant list.

A. A licensee desiring to maintain an individual dust sampling technician or renovator license [ shall must ] satisfactorily complete the approved refresher training course established by this chapter no later than the last day of the month that is 60 months after the date of completion of the approved initial training course or the most recent approved refresher training course.

B. Satisfactory completion of an approved initial or refresher training course [ shall must ] be documented by a copy of a certificate of completion from an accredited renovation training program.

C. Refresher training [ shall must ] be specific to the discipline of the license being renewed.

18VAC15-50-295  [ Board discretion to deny renewal ] 

[ The board may deny renewal of a license or approval as an accredited renovation training program for the same reasons as the board may refuse initial licensure or approval as an accredited renovation training program or discipline a licensee or an accredited renovation training program. The regulant has the right to request further review of any such action by the board under the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia). ]

18VAC15-50-300 Renovator initial training course requirements Grounds for [ denial of application, denial of renewal, or ]  disciplinary action

A. The renovator course shall last a minimum of eight training hours, with a minimum of two hours devoted to hands-on training. Hands-on training shall cover renovation methods that minimize the creation of dust and lead-based paint hazards, interior and exterior containment and cleanup methods, and post-renovation cleaning verification.

B. The training course shall include, at a minimum, the following course topics:

1. Role and responsibility of a renovator.

2. Background information on lead and its adverse health effects.

3. Background information on EPA, HUD, OSHA, and other federal, state, and local regulations and guidance that pertains to lead-based paint and renovation activities.

4. Procedures for using acceptable test kits to determine whether paint is lead-based paint.

5. Renovation methods to minimize the creation of dust and lead-based paint hazards.

6. Interior and exterior containment and cleanup methods.

7. Methods to ensure that the renovation has been properly completed, including cleaning verification and clearance testing.

8. Waste handling and disposal.

9. Providing on-the-job training to other workers.

10. Record preparation.

A. The board [ shall have has ] the [ authority power ] to fine any licensee or accredited renovation training provider, [ to deny any application for a license or approval as an accredited renovation training program or any renewal, and ] to suspend or revoke any license or approval as an accredited renovation training program, [ and to place a regulant on probation, which may include successful completion of remedial education as provided for under in accordance with ] Chapter 5 (§ 54.1-500 et seq.) of Title 54.1 of the Code of Virginia [ for:

1. Violating or inducing another person to violate any of the provisions of Chapter 1 (§ 54.1-100 et seq.), 2 (§ 54.1-200 et seq.), 3 (§ 54.1-300 et seq.), or 5 (§ 54.1-500 et seq.) of Title 54.1 of the Code of Virginia, or any of the provisions of this chapter.

2. Willful violation of standards established by EPA, OSHA, the Department of Labor and Industry, or the Divisions of Air Pollution Control and Waste Management of the Department of Environmental Quality in accordance with § 54.1-517 of the Code of Virginia.

3. Obtaining a license, approval as an accredited renovation training program, or training course approval through fraudulent means.

4. Altering, falsifying, or issuing a fraudulent Virginia dust sampling technician renovator, or renovation contractor license, accredited renovation training program approval, or certificate of completion.

5. Violating any provision of any federal, state, or local law or regulation pertaining to renovation activities.

6. Having been convicted or found guilty in any jurisdiction of any misdemeanor within the last five years or any felony. Any plea of nolo contendere shall be considered a conviction for the purpose of this subsection. The record of a conviction certified or authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted shall be admissible as prima facie evidence of such guilt. The board will consider any conviction in accordance with § 54.1-204 of the Code of Virginia.

7. Negligence or a continued pattern of incompetence in the practice of the discipline in which the license is held.

8. Failing or neglecting to respond to the board or its agents in accordance with 18VAC15-50-340.

9. Failing to report a change pursuant to 18VAC15-50-310.

10. A regulant having been convicted, found guilty, or disciplined in any jurisdiction of any offense or violation enumerated in 18VAC15-50-330.

11. Failing to inform the board in writing within 30 days that the regulant was convicted, found guilty, or disciplined in any jurisdiction of any offense or violation enumerated in 18VAC15-50-330.

12. Acting as or being an ostensible licensee for undisclosed persons who do or will control or direct, directly or indirectly, the operations of the licensee's business.

13. Refusing to allow state or federal representatives access to any area of a renovation, repair and painting site for the purpose of lawful compliance inspections.

14. Failing to comply with 18VAC15-50-380, 18VAC15-50-390, 18VAC15-50-400, 18VAC15-50-410, 18VAC15-50-420, 18VAC15-50-430, and 18VAC15-50-460.

15. Any unlawful act or violation of any provision of Chapter 5 (§ 54.1-500 et seq.) of Title 54.1 of the Code of Virginia or the regulations of the board of any renovator may be cause for disciplinary action against the renovation contractor for whom the renovator works, either as an employee or subcontractor, if it appears to the satisfaction of the board that the renovation contractor knew or should have known of the unlawful act or violation.

16. A renovation contractor's failure to ensure:

a. All individuals performing renovation activities on behalf of the firm are licensed renovators or have been trained by a licensed renovator as required under this chapter.

b. A licensed renovator is physically present at each work site while warning signs are being posted, work area containment is being established, and work area cleaning is being performed, and when not on site during renovation activities, the licensed renovator is readily available by telephone and able to be physically present at the work site in no more than two hours.

c. The work practice standards for renovation activities established in this chapter and standards established by EPA and OSHA shall be followed at all times during the performance of renovation activities.

d. Pre-renovation education requirements established in this chapter and standards established by EPA are followed at all times.

e. The recordkeeping requirements established in this chapter and standards established by EPA are followed at all times.

f. The firm is in compliance with all other occupational and professional licenses and standards as required by Virginia statute and local ordinance to transact the business of a renovation contractor.

when the regulant has been found to have violated or cooperated with others in violating any provision of Chapter 1, 2, 3, or 5 of Title 54.1 of the Code of Virginia or this chapter. ]

B. In addition to disciplinary action that may be taken against an accredited renovation training program pursuant to subsection A of this section, the board [ shall have has ] the [ authority power ] to withdraw approval of any approved training course for any of the following reasons:

1. The approved training course being offered no longer meets the standards established by the board.

2. The training course, through an agent or otherwise, is advertised in a fraudulent or deceptive way.

3. The training manager, instructor, or designee of the provider falsifies any information relating to the application for approval of the training course or student records or fails to produce records required by 18VAC15-50-380.

4. A change in the information provided that results in noncompliance with this chapter.

5. Failure to comply with 18VAC15-50-360.

C. Any person whose license, approval as an accredited renovation training program, or training course approval is revoked or withdrawn under this section [ shall will ] not be eligible to reapply for a period of one year from the effective date of the final order of revocation or withdrawal of approval. The person [ shall must ] submit a new application and meet all education, experience, training, and documentation requirements in effect at the time the new application is submitted.

D. The board [ shall will ] conduct disciplinary procedures in accordance with §§ 2.2-4019 and 2.2-4021 of the Administrative Process Act.

18VAC15-50-305  [ Prohibited acts ] 

[ The following acts are prohibited and any violation may result in disciplinary action by the board:

1. Violating or inducing another person to violate any of the provisions of Chapter 1 (§ 54.1-100 et seq.), 2 (§ 54.1-200 et seq.), 3 (§ 54.1-300 et seq.), or 5 (§ 54.1-500 et seq.) of Title 54.1 of the Code of Virginia, or any of the provisions of this chapter.

2. Willful violation of standards established by EPA, OSHA, the Department of Labor and Industry, or the Divisions of Air Pollution Control and Waste Management of the Department of Environmental Quality.

3. Obtaining or attempting to obtain a license, approval as an accredited renovation training program, or training course approval through false or fraudulent representation, or maintaining or renewing a license or approval as an accredited renovation training program through false or fraudulent representation.

4. Altering, falsifying, or issuing a fraudulent Virginia dust sampling technician, renovator, or renovation contractor license, accredited renovation training program approval, or certificate of completion.

5. Violating any provision of any federal, state, or local law or regulation pertaining to renovation activities.

6. Negligence or incompetence in the practice of the discipline in which the license is held.

7. Failing to respond to the board or its agents in accordance with 18VAC15-50-340.

8. Failing to report a change pursuant to 18VAC15-50-310.

9. A regulant having been convicted, found guilty, or disciplined in any jurisdiction of any offense or violation enumerated in 18VAC15-50-330.

10. Failing to inform the board in writing within 30 days that the regulant was convicted, found guilty, or disciplined in any jurisdiction of any offense or violation enumerated in 18VAC15-50-330.

11. Acting as or being an ostensible licensee for undisclosed persons who do or will control or direct, directly or indirectly, the operations of the licensee's business.

12. Refusing to allow state or federal representatives access to any area of a renovation, repair and painting site for the purpose of lawful compliance inspections.

13. Failing to comply with 18VAC15-50-320, 18VAC15-50-380, 18VAC15-50-390, 18VAC15-50-400, 18VAC15-50-410, 18VAC15-50-420, 18VAC15-50-430, and 18VAC15-50-460.

14. Any unlawful act or violation of any provision of Chapter 5 (§ 54.1-500 et seq.) of Title 54.1 of the Code of Virginia or the regulations of the board of any renovator may be cause for disciplinary action against the renovation contractor for whom the renovator works, either as an employee or subcontractor, if it appears to the satisfaction of the board that the renovation contractor knew or should have known of the unlawful act or violation.

15. A renovation contractor's failure to ensure:

a. All individuals performing renovation activities on behalf of the firm are licensed renovators or have been trained by a licensed renovator as required under this chapter.

b. A licensed renovator is physically present at each work site while warning signs are being posted, work area containment is being established, and work area cleaning is being performed, and when not on site during renovation activities, the licensed renovator is readily available by telephone and able to be physically present at the work site in no more than two hours.

c. The work practice standards for renovation activities established in this chapter and standards established by EPA and OSHA are followed at all times during the performance of renovation activities.

d. Pre-renovation information distribution requirements established in this chapter and standards established by EPA are followed at all times.

e. The recordkeeping requirements established in this chapter and standards established by EPA are followed at all times.

f. The firm is in compliance with all other occupational and professional licenses and standards as required by Virginia statute and local ordinance to transact the business of a renovation contractor. ]

18VAC15-50-310 Dust sampling technician initial training course requirements Maintenance of license

A. The dust sampling technician course shall last a minimum of eight training hours, with a minimum of two hours devoted to hands-on training. Hands-on training shall cover dust sampling methodologies.

B. The training course shall include, at a minimum, the following course topics:

1. Role and responsibility of a dust sampling technician.

2. Background information on lead and its adverse health effects.

3. Background information on federal, state, and local regulations and guidance that pertains to renovation activities.

4. Dust sampling methodologies.

5. Clearance standards and testing.

6. Report preparation.

A. Each regulant [ shall must ] report all changes of address to the board in writing within 30 calendar days of the change and [ shall must ] return the license or accredited renovation training program training course approval letter to the board. All address change submittals [ shall must ] conform to the requirements of [ subdivision 3 of 18VAC15-50-60 18VAC15-50-60 D ] , 18VAC15-50-90 C, and 18VAC15-50-110 B, as applicable. If the regulant holds more than one license or approval, the regulant [ shall must ] inform the board of all licenses and approvals affected by the address change.

B. Each regulant [ shall must ] operate under the name in which the license is issued. Regulants [ shall must ] report any change of individual or business name to the board in writing within 30 calendar days of the name change and [ shall must ] return the license or accredited renovation training program training course approval letter to the board. If the regulant holds more than one license or approval, the regulant [ shall must ] inform the board of all licenses and approvals affected by the name change.

C. No license or accredited renovation training program approval issued by the board [ shall may ] be assigned or otherwise transferred. Any attempt to assign or otherwise transfer a license or approval [ shall will ] make the license or approval void.

D. [ Each regulant shall A renovation contractor must ] notify the board of changes in the firm within 30 days of the change. Such changes include the:

1. Cessation of the business or the voluntary termination of a sole proprietorship or general partnership;

2. Death of a sole proprietor or the death or withdrawal of a general partner in a general partnership or the managing partner in a limited partnership; or

3. Formation or dissolution of a corporation, limited liability company, association, or any other business entity recognized under the laws of the Commonwealth of Virginia.

E. Each regulant [ shall must ] notify the board of any other changes in information previously submitted to the board pursuant to this chapter.

18VAC15-50-320 Refresher training criteria Recordkeeping and reporting requirements for renovation contractors

A. Renovator refresher training courses shall last a minimum of four hours and review the curriculum topics of the full-length course specified in 18VAC15-50-300.

B. Dust sampling technician refresher training courses shall last a minimum of four hours and review the curriculum topics of the full-length course specified in 18VAC15-50-310.

C. Renovator and dust sampling technician refresher courses shall also address:

1. An overview of current safety practices relating to lead-based paint in general, as well as specific information pertaining to the appropriate discipline.

2. Current laws and regulations relating to lead-based paint in general, as well as specific information pertaining to the appropriate discipline.

3. Current technologies relating to lead-based paint in general, as well as specific information pertaining to the appropriate discipline.

[ All licensed renovation contractors shall comply with the information distribution, records retention, and reporting requirements related to renovation activities, in accordance with 40 CFR 745.

A. A renovation contractor must retain and, if requested, make available to the board all records necessary to demonstrate compliance with this chapter for a period of three years following completion of a renovation.

1. If the renovation contractor did not comply with the requirements of this chapter because the renovation was an emergency renovation as defined in 18VAC15-50-10, the renovation contractor must document the nature of the emergency and the provisions of this chapter that were not followed.

B. Records that must be retained by a renovation contractor include:

1. Records or reports certifying a determination had been made that lead-based paint was not present on the components affected by the renovation. Such records or reports include:

a. Reports prepared by a licensed lead inspector or lead risk assessor.

b. Records prepared by a licensed renovator after using recognized test kits, including an identification of the manufacturer and model of the test kits used, a description of the components that were tested including their locations, and the result of each test kit used.

c. Records prepared by a licensed renovator after collecting paint chip samples, including a description of the components that were tested including their locations, the name and address of the NLLAP-recognized entity performing the analysis, and the results for each sample.

2. Signed and dated acknowledgements of receipt as described in 18VAC15-50-400.

3. Certifications of attempted delivery as described in 18VAC15-50-400.

4. Certificates of mailing as described in 18VAC15-50-400.

5. Records of notification activities performed regarding common area renovations, as described in 18VAC15-50-400 B, and renovations in child-occupied facilities, as described in 18VAC15-50-400 C.

6. Documentation of compliance with the requirements of Part IX (18VAC15-50-390 et seq.) of this chapter, including documentation that a licensed renovator was assigned to the project, that the renovator provided on-the-job training for workers used on the project, that the renovator performed or directed workers who performed all of the tasks described in 18VAC15-50-410, and that the renovator performed the post-renovation cleaning verification described in 18VAC15-50-420. Such documentation must include:

a. A copy of the licensed renovator’s training certificate, and certification by the renovator assigned to the project that:

(1) Training was provided to workers. Topics must be identified for each worker.

(2) Warning signs were posted at the entrances to the work area.

(3) If recognized test kits were used, that the specified brand of test kits was used at the specified locations and that the results were as specified.

(4) The work area was contained by:

(a) Removing or covering all objects in the work area for interior renovations.

(b) Closing and covering all HVAC ducts in the work area for interior renovations.

(c) Closing all windows in the work area for interior renovations or closing all windows in and within 20 feet of the work area for exterior renovations.

(d) Closing and sealing all doors in the work area for interior renovations or closing and sealing all doors in and within 20 feet of the work area for exterior renovations.

(e) Covering doors in the work area that were being used to allow passage but prevent spread of dust.

(f) Covering the floor surface, including installed carpet, with taped-down plastic sheeting or other impermeable material in the work area six feet beyond the perimeter of surfaces undergoing renovation or a sufficient distance to contain the dust, whichever is greater for interior renovations or covering the ground with plastic sheeting or other disposable impermeable material anchored to the building extending 10 feet beyond the perimeter of surfaces undergoing renovation or a sufficient distance to collect falling paint debris, whichever is greater, unless the property line prevents 10 feet of such ground covering, weighted down by heavy objects for exterior renovations.

(g) Installing, if necessary, vertical containment to prevent migration of dust and debris to adjacent property for exterior renovations.

(5) If paint chip samples were collected, that the samples were collected at the specified locations, that the specified NLLAP-recognized laboratory analyzed the samples, and that the results were as specified.

(6) Waste was contained on-site and while being transported off-site.

(7) The work area was properly cleaned after the renovation by:

(a) Picking up all chips and debris, misting protective sheeting, folding it dirty side inward, and taping it for removal.

(b) Cleaning the work area surfaces and objects using a HEPA vacuum and/or wet cloths or mops for interior renovations.

(8) The renovator performed the post-renovation cleaning verification. The results of the verification must be briefly described, including the number of wet and dry cloths used.

C. When the final invoice for the renovation is delivered, or within 30 days of the completion of the renovation, whichever is earlier, the renovation contractor must provide information pertaining to compliance with this chapter as follows:

1. The renovation contractor must provide the information to the owner of the building. If the building is not occupied by the owner, then the renovation contractor must provide the information to an adult occupant of the residential dwelling if the renovation took place within a residential dwelling; or an adult representative of the child-occupied facility, if the renovation took place within a child-occupied facility.

2. When performing renovations in common areas of multi-unit target housing, the renovation contractor must post the information required by this chapter or instructions on how interested occupants can obtain a copy of this information. This information must be posted in areas where it is likely to be seen by the occupants of all of the affected units.

3. The information required to be provided by this subsection may be provided by completing the sample form titled "Sample Renovation Recordkeeping Checklist" or a similar form containing the test kit information required by subdivision B 1 b of this section and the training and work practice compliance information required by subdivision B 6 of this section.

D. If dust clearance sampling is performed in lieu of cleaning verification, as permitted by 18VAC15-50-430, the renovation contractor must provide, when the final invoice for the renovation is delivered or within 30 days of the completion of the renovation, whichever is earlier, a copy of the dust sampling report as follows:

1. The renovation contractor must provide the dust sampling report to the owner of the building. If the building is not occupied by the owner, then the renovation contractor must provide the dust sampling report to an adult occupant of the residential dwelling if the renovation took place within a residential dwelling; or an adult representative of the child-occupied facility, if the renovation took place within a child-occupied facility.

2. When performing renovations in common areas of multi-unit target housing, the renovation contractor must post the dust sampling report or information on how interested occupants of the housing being renovated can obtain a copy of the report. This information must be posted in areas where it is likely to be seen by the occupants of all of the affected units. ]

18VAC15-50-330 General requirements Notice of adverse action

Part VIII
Standards for Conducting Renovation Activities

A. All renovation activities performed for compensation in target housing and child-occupied facilities shall be conducted in accordance with 40 CFR Part 745.

B. Persons licensed to conduct post-renovation clearance procedures shall be independent of and have no financial interest in or association by employment, contract, or other agreement with the licensed firm that performs or precleans the renovation activity being cleared.

[ A. ] Regulants [ shall must ] notify the board of the following actions:

[ A. 1. ] Any disciplinary action taken by another jurisdiction, board, or administrative body of competent jurisdiction, including any reprimand, revocation, suspension or denial, monetary penalty, or requirement for remedial education or other corrective action taken on any accredited renovation training program, training course approval, license, certification, registration, or authorization of the regulant.

[ B. 2. ] Any voluntary surrendering of a license, certificate, registration, authorization, or accredited renovation training program or training course approval done in connection with [ an open a ] disciplinary action in another jurisdiction.

[ C. 3. ] Any conviction or finding of guilt, regardless of adjudication or deferred adjudication, of any felony or [ non-marijuana ] misdemeanor. [ Any plea of nolo contendere shall be considered a conviction for the purpose of this section. ]

[ B. ] All notices [ shall must ] be made to the board in writing within 30 days of the action. A copy of the order or other supporting documentation [ shall must ] accompany the notice. [ The record of conviction, finding, or case decision shall be considered prima facie evidence of a conviction or finding of guilt. ]

18VAC15-50-340 Prerenovation education requirements Response to inquiry and provision of records

All licensed renovation contractors shall comply with the information distribution requirement related to lead-based paint renovation activities in accordance with 40 CFR Part 745.

A. A regulant [ shall must ] respond within 10 days to a request by the board or any of its agents regarding any complaint filed with the department.

B. Unless otherwise specified by the board, a regulant [ shall must ] produce to the board or any of its agents within 10 days of the request any document, book, record, or copy thereof in which the regulant was involved or which is in the regulant's possession or control concerning a transaction covered by this chapter or for which the regulant is required to maintain records. The board may extend such timeframe upon a showing of extenuating circumstances prohibiting delivery within such 10-day period.

C. A regulant [ shall must ] not provide a false, misleading, or incomplete response to the board or any of its agents seeking information in the investigation of a complaint filed with the board.

D. With the exception of the requirements of subsections A and B of this section, a regulant must respond to an inquiry by the board or its agent within 21 days.

18VAC15-50-350 Renovation activities Audit of accredited renovation training programs and approved training courses

A. Only the following persons may conduct renovation activities for compensation in target housing and child-occupied facilities:

1. An individual licensed by the board as a renovator. The licensed renovator shall be the sole proprietor of a licensed renovation contractor firm or work for a licensed renovation contractor through employment, contract, or other agreement.

2. An individual trained by and under the supervision of a licensed renovator. The licensed renovator shall be the sole proprietor of a licensed renovation contractor firm or work for a licensed renovation contractor through employment, contract, or other agreement.

The board or its agents may at any time, with or without notice to the accredited renovation training program, training manager, or principal instructor, audit an accredited renovation training program and approved training course. This may include an audit conducted by attending a scheduled approved training course and an audit of the accredited renovation training program's records required pursuant to this chapter.

18VAC15-50-360 Renovation contractor Changes to an accredited renovation training program or training course

All lead-based paint renovation activities performed for compensation in target housing and child-occupied facilities shall be conducted in accordance with 40 CFR Part 745.

A. Any changes to the accredited renovation training program as provided to the board in accordance with Part IV [ (18VAC15-50-100 et seq.) ] of this chapter, excluding changes specifically related to any approved training course offered by the accredited renovation training program, [ shall must ] be submitted to the board within 30 days of the change. Changes to the approved training course [ shall must ] be submitted in accordance with subsection C of this section.

B. The accredited renovation training program [ shall must ] notify the board of the discontinuation of an approved training course offered by the accredited renovation training program. Such notification of discontinuation [ shall will ] result in the withdrawal of approval of the training course. After the board provides notice to the accredited renovation training program, the board [ shall will ] automatically withdraw the approval of an accredited renovation training program that has no approved training courses with the board. Such automatic withdrawal of accreditation may be suspended upon request and notification by the accredited renovation training program that it intends to submit a training course for approval within 60 days after the board's notice of automatic withdrawal of approval. Failure to submit an accredited renovation training program training course approval application within this timeframe will result in the automatic withdrawal of the accredited renovation training program.

C. Substantial changes made to the approved training course as provided to the board in accordance with Part IV [ (18VAC15-50-100 et seq.) ] of this chapter after the course has been approved [ shall must ] be submitted to the board for review and approval prior to the continuation of the training course. The items include:

1. Course curriculum.

2. Course examination.

3. Course materials.

4. [ Training Any new training ] manager [ and , ] principal instructor [ , ] or instructors.

5. Certificate of completion.

D. The accredited renovation training program [ shall must ] notify the board in writing within 30 days of a change in ownership. The new owner [ shall must ] apply as a new applicant and meet all entry requirements in effect at the time of application.

E. The accredited renovation training program [ shall must ] notify the board 30 days prior to relocating its business or transferring the records.

18VAC15-50-370 Renovator Responsibilities of the training manager

A. All lead-based paint renovation activities performed for compensation in target housing and child-occupied facilities shall be conducted in accordance with 40 CFR Part 745.

B. The licensed renovator shall have with him at the work site a copy of his current initial course completion certificate or his current refresher course completion certificate and a copy of his valid Virginia renovator license.

A. The training manager [ shall will ] be responsible for ensuring that the accredited renovation training program and any applicable approved training courses comply at all times with the requirements of this chapter. The training manager is also responsible for:

1. Maintaining the validity and integrity of the hands-on skills assessment or proficiency examination to ensure that it accurately evaluates a trainee's performance of the work practices and procedures associated with the course topics.

2. Maintaining the validity and integrity of the course examination to ensure that it accurately evaluates a trainee's knowledge and retention of the course topics.

B. The training manager [ shall must ] , for each course offered, designate a principal instructor. The principal instructor [ shall will ] be responsible for the organization of the course and oversight of the teaching of all course material.

C. The training manager may designate guest instructors, as needed, to provide instruction specific to the lecture, hands-on activities, or work practice portions of a course.

18VAC15-50-380 Dust sampling technician Accredited renovation training program recordkeeping and provision of records to the board

A. A licensed dust sampling technician, a licensed lead inspector, or a licensed lead risk assessor may conduct dust sampling for renovation activities.

B. When performing dust clearance sampling, a licensed dust sampling technician, a licensed lead inspector, or a licensed lead risk assessor shall collect dust samples in accordance with 40 CFR Part 745, send the collected samples to a laboratory recognized by EPA under § 405(b) of the Toxic Substance Control Act (15 USC § 2685(b)), and compare the results to the clearance levels in accordance with 40 CFR Part 745.

C. The licensed dust sampling technician shall complete a written clearance report that includes laboratory results. A copy of the clearance report shall be provided to the person with whom the dust sampling technician entered into a contract.

D. The licensed dust sampling technician shall have with him at the work site a copy of his current initial course completion certificate or his current refresher course completion certificate and a copy of his valid Virginia dust sampling technician license.

A. [ Each accredited renovation training program shall comply with the training program recordkeeping requirements in 40 CFR 745 with the exception that the accredited renovation training program shall retain records at the address specified on the accredited renovation training program application or as updated with the board for a minimum of five years and six months. Accredited renovation training programs must retain and make available to the board upon request the following records:

1. All documents specified in 18VAC15-50-190 that demonstrate the qualifications for training mangers and principal instructors.

2. Current curriculum or course materials and documents reflecting any changes made to these materials.

3. The course examination.

4. Information regarding how the hands-on assessment is conducted, including:

a. Who conducts the assessment.

b. How the skills are graded.

c. What facilities are used.

d. The pass/fail rate.

5. The quality control plan.

6. Results of the students’ hands-on skills assessments and course tests, and record of each student’s course completion certificate.

7. Any other material not listed in this subsection that was submitted to the board as part of the training program’s application for approval.

8. A copy of each student’s prior course completion certificate showing that each trainee was eligible to take the refresher course.

9. For course modules delivered in an electronic format, a record of each student’s log-ins, launches, progress, and completion, and a copy of the electronic learning completion certificate for each student. ]

B. [ Accredited renovation training programs must retain records for a minimum of five years and six months at the address specified on the accredited renovation training program application or as updated with the board.

C. ] The training manager [ shall must ] notify the board at least 48 hours prior to the start date of any approved training course.

[ C. D. ] The training manager [ shall must ] provide an updated notification when an approved training course will begin on a date other than the start date specified in the original notification as follows:

1. For an approved training course beginning before the start date provided to the board, an updated notification must be received by the board at least 48 hours before the new start date.

2. For an approved training course beginning after the start date provided to the board, an updated notification must be received by the board at least 48 hours before the new start date provided to the board.

[ D. E. ] The training manager [ shall must ] update the board of any change in location of the approved training course at least 48 hours prior to the start date provided to the board.

[ E. F. ] Barring situations or circumstances beyond the control of the accredited renovation training program, the training manager [ shall must ] update the board regarding the cancellation of any approved training course at least two business days prior to the start date provided to the board. [ For the purposes of this section, a business day shall mean Monday through Friday with the exception of holidays, in accordance with § 2.2-3300 of the Code of Virginia.

F. G. ] Each notification, including updates, [ shall must ] include the following:

1. Notification type (original, revision, cancellation).

2. Approved training course name, Virginia training course approval number, address, and telephone number.

3. Course discipline, type (initial or refresher), and the language in which instruction will be given.

4. Date and time of the approved training course.

5. Training location and corresponding address and telephone number.

6. Principal instructor's name.

7. Training manager's name.

[ G. H. ] The approved training course participant list [ shall must ] be completed [ daily each day of the course ] .

[ H. I. ] The approved training course participant list [ shall must ] be retained by the accredited renovation training program for a minimum of five years and six months following the date of completion of the approved training course.

[ I. J. ] The training manager [ shall must ] provide the board the approved training course participant list no later than 10 business days following completion of the approved training course.

[ J. K. ] The approved training course participant list [ shall must ] include the following:

1. Approved training course name, Virginia training course approval number, address, and telephone number;

2. Course discipline and type, initial or refresher;

3. Dates of training;

4. Each participant's name, address, social security number or Virginia DMV control number [ , ; ] course certificate of completion number [ , and ; ] course examination score, if applicable [ ; and digital photograph of the participant ] ;

5. Participant list type (original or revision); and

6. Training manager's name.

[ K. L. ] Notification and approved training course participant lists [ shall must ] be submitted electronically in the form prescribed by the department.

[ L. M. ] The accredited renovation training program [ shall must ] retain all examinations completed by approved training course participants for a minimum of five years and six months.

[ M. N. ] The board [ shall will ] not recognize training certificates of completion from accredited training programs that fail to notify or fail to provide an approved training course participant list.

18VAC15-50-390 Activities conducted after successful cleaning verification or clearance testing General requirements

Activities that do not disturb paint, such as repainting walls that have been properly prepared, are not regulated under this chapter if they are conducted after post-renovation cleaning verification has been performed or clearance testing results show dust lead levels below the clearance standards specified in 40 CFR Part 745.

[ A. ] All renovation activities performed for compensation in target housing and child-occupied facilities [ shall must ] be conducted in accordance with [ 40 CFR 745 the standards and requirements established by this part ] .

[ B. A licensed renovator must have with him at the work site a copy of his current approved initial training course certificate of completion or his current approved refresher training course certificate of completion, and a copy of his valid Virginia renovator license.

C. A licensed dust sampling technician [ shall must ] have with him at the work site a copy of his current approved initial training course certificate of completion or his current approved refresher training course certificate of completion, and a copy of his valid Virginia dust sampling technician license. ]

18VAC15-50-400 Pre-renovation education Information distribution requirements

A. Emergency renovations are exempt from the warning sign, containment, waste handling, training, and licensure requirements of this chapter to the extent necessary to respond to the emergency.

B. Emergency renovations are not exempt from cleaning and clearance requirements or recordkeeping requirements specified in 40 CFR Part 745.

[ All licensed renovation contractors shall comply with the information distribution requirement related to lead-based paint renovation activities, in accordance with 40 CFR 745.

A. Not more than 60 days before beginning renovation activities in any residential dwelling unit of target housing, the renovation contractor must:

1. Provide the owner of the unit with the pamphlet and either:

a. Obtain a written acknowledgment from the owner that the owner has received the pamphlet; or

b. Obtain a certificate of mailing at least seven days prior to the renovation.

2. If the owner does not occupy the dwelling unit, provide an adult occupant of the unit with the pamphlet and either:

a. Obtain a written acknowledgment from the adult occupant that the occupant has received the pamphlet; or certify in writing that a pamphlet has been delivered to the dwelling and that the firm performing the renovation has been unsuccessful in obtaining a written acknowledgment from the adult occupant. Such certification must include (i) the address of the unit undergoing renovation; (ii) the date and method of delivery of the pamphlet; (iii) the name of the person delivering the pamphlet; (iv) the reason for lack of acknowledgement (e.g. occupant refuses to sign, no adult occupant available); and (v) the dated signature of a representative of the renovation contractor; or

b. Obtain a certificate of mailing at least seven days prior to the renovation.

B. Not more than 60 days before beginning renovation activities in common areas of multi-unit target housing, the renovation contractor must:

1. Provide the owner with the pamphlet, and either:

a. Obtain a written acknowledgement from the owner that the owner has received the pamphlet; or

b. Obtain a certificate of mailing at least seven days prior to the renovation.

2. Provide notification to occupants by either:

a. Notifying in writing, or ensure written notification of, each affected unit and make the pamphlet available upon request prior to the start of renovation. Such notification must be accomplished by distributing written notice to each affected unit. The notice must describe the general nature and locations of the planned renovation activities; the expected starting and end dates; and a statement of how the occupant can obtain the pamphlet and a copy of the records required by subsections C and D of 18VAC15-50-320; or

b. While the renovation is ongoing, post informational signs describing the general nature and locations of the renovation and the anticipated completion date. These signs must be posted in areas where they are likely to be seen by the occupants of all affected units. The signs must be accompanied by a posted copy of the pamphlet or information on how interested occupants can review a copy of the pamphlet or obtain a copy from the renovation firm at no cost to occupants. The signs must also include information on how interested occupants can review a copy of the records required by subsections C and D of 18VAC15-50-320 or obtain a copy from the renovation firm at no cost to occupants.

3. Prepare, sign, and date a statement describing the steps performed to notify all occupants of the intended renovation activities and to provide the pamphlet.

4. If the scope, locations, or expected starting and end dates of the planned renovation activities change after the initial notification, and the renovation contractor provided written initial notification to each affected unit, the renovation contractor performing the renovation must provide further written notification to the owners and occupants providing revised information on the ongoing or planned activities. This subsequent notification must be provided before the renovation contractor performing the renovation initiates work beyond that which was described in the original notice.

C. No more than 60 days before beginning renovation activities in any child-occupied facility, the renovation contractor must:

1. Provide the owner of the child-occupied facility with the pamphlet, and either:

a. Obtain a written acknowledgement from the owner that the owner has received the pamphlet; or

b. Obtain a certificate of mailing at least seven days prior to the renovation.

2. If the owner does not occupy the child-occupied facility, provide an adult representative of the child-occupied facility with the pamphlet, and either:

a. Obtain a written acknowledgement from the adult representative that the adult representative has received the pamphlet; or certify in writing that a pamphlet has been delivered to the facility and that the renovation contractor has been unsuccessful in obtaining a written acknowledgement from an adult representative. Such certification must include (i) the address of the child-occupied facility undergoing renovation; (ii) the date and method of delivery of the pamphlet; (iii) the name of the person delivering the pamphlet; (iv) the reason for lack of acknowledgment (e.g. representative refuses to sign); and (v) the dated signature of a representative of the renovation contractor; or

b. Obtain a certificate of mailing at least seven days prior to the renovation.

3. Provide the parents and guardians of children using the child-occupied facility with the pamphlet, information describing the general nature and locations of the renovation and the anticipated completion date, and information on how interested parents and guardians of children frequenting the child-occupied facility can review a copy of the records required by subsections C and D of 18VAC15-50-320 or obtain a copy from the renovation contractor at no cost to the parents and guardians by either:

a. Mail or hand-deliver the pamphlet and the renovation information to each parent or guardian of a child using the child-occupied facility; or

b. While the renovation is ongoing, post informational signs describing the general nature and locations of the renovation and the anticipated completion date. These signs must be posted in areas where they can be seen by the parents or guardians of the children frequenting the child-occupied facility. The signs must be accompanied by a posted copy of the pamphlet or information on how interested parents or guardians of children frequenting the child-occupied facility can review a copy of the pamphlet or obtain a copy from the renovation contractor at no cost to the parents and guardians. The signs must also include information on how interested parents and guardians of children frequenting the child-occupied facility can review a copy of the records required by subsections C and D of 18VAC15-50-320 or obtain a copy from the renovation contractor at no cost to the parents and guardians.

D. The written acknowledgments required by this section must:

1. Include a statement recording the owner or occupant’s name and acknowledging receipt of the pamphlet prior to the start of renovation, the address of the unit undergoing renovation, the signature of the owner or occupant as applicable, and the date of signature.

2. Be either a separate sheet or a part of any written contract for the renovation.

3. Be written in the same language as the text of the contract for the renovation or, in the case of non-owner occupied target housing, in the same language as the lease or rental agreement or the pamphlet. ]

18VAC15-50-410 Recognized testing methodologiesRenovation contractor Standards for renovation activities]

A. When requested by the party contracting for renovation services, the licensed renovator may use only an EPA-recognized paint testing methodology to determine whether components and surfaces to be affected by the renovation activities contain lead-based paint. The certified renovator shall test each distinct component and surface to be affected, follow the manufacturer's instructions for use of the paint test kit, and document the records in accordance with 18VAC15-50-170.

B. Recognized test kits shall meet or exceed both the negative response criteria and positive response criteria as specified in 40 CFR Part 745.

[ All lead-based paint renovation activities performed for compensation in target housing and child-occupied facilities shall be conducted in accordance with 40 CFR 745.

A. Renovations must be performed by licensed renovation contractors using licensed renovators.

B. Renovation contractors must post signs clearly defining the work area and warning occupants and other persons not involved in the renovation activities to remain outside of the work area. To the extent practicable, these signs must be in the primary language of the occupants. These signs must be posted before beginning the renovation and must remain in place and readable until the renovation and the post-renovation cleaning verification have been completed. If warning signs have been posted in accordance with 24 CFR 35.1345(b)(2) or 29 CFR 1926.62(m), additional signs are not required by this section.

C. Before beginning the renovation, the renovation contractor must isolate the work area so that no dust or debris leaves the work area while the renovation is being performed. In addition, the renovation contractor must maintain the integrity of the containment by ensuring that any plastic or other impermeable materials are not torn or displaced, and taking any other steps necessary to ensure that no dust or debris leaves the work area while the renovation is being performed. The renovation contractor must also ensure that containment is installed in such a manner that it does not interfere with egress in an emergency.

1. For interior renovations, the renovation contractor must:

a. Remove all objects from the work area, including furniture, rugs, and window coverings, or cover them with plastic sheeting or other impermeable material with all seams and edges taped or otherwise sealed.

b. Close and cover all ducts opening in the work area with taped-down plastic sheeting or other impermeable material.

c. Close windows and doors in the work area. Doors must be covered with plastic sheeting or other impermeable material. Doors used as an entrance to the work area must be covered with plastic sheeting or other impermeable material in a manner that allows workers to pass through while confining dust and debris to the work area.

d. Cover the floor surface, including installed carpet, with taped-down plastic sheeting or other impermeable material in the work area six feet beyond the perimeter of surfaces undergoing renovation or a sufficient distance to contain the dust, whichever is greater. Floor containment measures may stop at the edge of the vertical barrier when using a vertical containment system consisting of impermeable barriers that extend from the floor to the ceiling and are tightly sealed at joints with the floor, ceiling, and walls.

e. Use precautions to ensure that all personnel, tools, and other items, including the exteriors of containers of waste, are free of dust and debris before leaving the work area.

2. For exterior renovations, the renovation contractor must:

a. Close all doors and windows within 20 feet of the renovation. On multi-story buildings, close all doors and windows on the same floor, and on all floors below the renovation.

b. Ensure that doors within the work area that will be used while the job is being performed are covered with plastic sheeting or other impermeable material in a manner that allows workers to pass through while confining dust and debris to the work area.

c. Cover the ground with plastic sheeting or other disposable impermeable material extending 10 feet beyond the perimeter of surfaces undergoing renovation or a sufficient distance to collect falling paint debris, whichever is greater, unless the property line prevents 10 feet of such ground covering. Ground containment measures may stop at the edge of the vertical barrier when using a vertical containment system.

d. If the renovation will affect surfaces within 10 feet of the property line, the renovation contractor must erect vertical containment or equivalent extra precautions in containing the work area to ensure that dust and debris from the renovation does not contaminate adjacent buildings or migrate to adjacent properties. Vertical containment or equivalent extra precautions in containing the work area may also be necessary in other situations in order to prevent contamination of other buildings, other areas of the property, or adjacent buildings or properties.

D. The following work practices are restricted during a renovation as indicated:

1. Open-flame burning or torching of painted surfaces is prohibited.

2. The use of machines designed to remove paint or other surface coatings through high speed operation such as sanding, grinding, power planning, needle gun, abrasive blasting, or sandblasting, is prohibited on painted surfaces unless such machines have shrouds or containment systems and are equipped with a HEPA vacuum attachment to collect dust and debris at the point of generation. Machines must be operated so that no visible dust or release of air occurs outside the shroud or containment system.

3. Operating a heat gun on painted surfaces is permitted only at temperatures below 1,100° F.

E. Waste from renovation activities must be contained to prevent releases of dust and debris before the waste is removed from the work area for storage or disposal. If a chute is used to remove waste from the work area, it must be covered. At the conclusion of each work day and at the conclusion of the renovation, waste that has been collected from renovation activities must be stored under containment, in an enclosure, or behind a barrier that prevents release of dust and debris out of the work area and prevents access to dust and debris. When a renovation contractor transports waste from renovation activities, the renovation contractor must contain the waste to prevent release of dust and debris.

F. After the renovation has been completed, the renovation contractor must clean the work area until no dust, debris or residue remains.

1. For interior and exterior renovations, the renovation contractor must:

a. Collect all paint chips and debris and, without dispersing any of it, seal this material in a heavy-duty bag.

b. Remove the protective sheeting. Mist the sheeting before folding it, fold the dirty side inward, and either tape shut to seal or seal in heavy-duty bags. Sheeting used to isolate contaminated rooms from non-contaminated rooms must remain in place until after the cleaning and removal of other sheeting. Dispose of the sheeting as waste.

2. For interior renovations, the renovation contractor must also clean all objects and surfaces in the work area and within two feet of the work area in the following manner, cleaning from higher to lower:

a. Clean walls starting at the ceiling and working down to the floor by either vacuuming with a HEPA vacuum or wiping with a damp cloth.

b. Thoroughly vacuum all remaining surfaces and objects in the work area, including furniture and fixtures, with a HEPA vacuum. The HEPA vacuum must be equipped with a beater bar when vacuuming carpets and rugs.

c. Wipe all remaining surfaces and objects in the work area, except for carpeted or upholstered surfaces, with a damp cloth. Mop uncarpeted floors thoroughly, using a mopping method that keeps the wash water separate from the rinse water, such as the 2-bucket mopping method, or using a wet mopping system. ]

18VAC15-50-420  Renovator Standards for post-renovation cleaning verification ]

A. [ All lead-based paint renovation activities performed for compensation in target housing and child-occupied facilities shall be conducted in accordance with 40 CFR 745 For interiors, a licensed renovator must perform a visual inspection to determine whether dust, debris or residue is still present. If dust, debris or residue is present, these conditions must be removed by re-cleaning and another visual inspection must be performed ] .

B. [ The licensed renovator shall have with him at the work site a copy of his current approved initial training course certificate of completion and his current approved refresher training course certificate of completion, and a copy of his valid Virginia renovator license. After a successful visual inspection, a licensed renovator must:

1. Verify that each windowsill in the work area has been adequately cleaned using the following procedure:

a. Wipe the windowsill with a wet disposable cleaning cloth that is damp to the touch. If the cloth matches or is lighter than the cleaning verification card, the windowsill has been adequately cleaned.

b. If the cloth does not match and is darker than the cleaning verification card, re-clean the windowsill as directed in subdivision F 2 b of 18VAC15-50-410, then either use a new cloth or fold the used cloth in such a way that an unused surface is exposed, and wipe the surface again. If the cloth matches or is lighter than the cleaning verification card, that windowsill has been adequately cleaned.

c. If the cloth does not match and is darker than the cleaning verification card, wait for one hour or until the surface has dried completely, whichever is longer.

d. After waiting for the windowsill to dry, wipe the windowsill with a dry disposable cleaning cloth. After this wipe, the windowsill has been adequately cleaned.

2. Wipe uncarpeted floors and countertops within the work area with a wet disposable cleaning cloth. Floors must be wiped using an application device with a long handle and a head to which the cloth is attached. The cloth must remain damp at all times while it is being used to wipe the surface for post-renovation cleaning verification. If the surface within the work area is greater than 40 square feet, the surface within the work area must be divided into roughly equal sections that are each less than 40 square feet. Wipe each such section separately with a new wet disposable cleaning cloth. If the cloth used to wipe each section of the surface within the work area matches the cleaning verification card, the surface has been adequately cleaned.

a. If the cloth used to wipe a particular surface section does not match the cleaning verification card, re-clean that section of the surface as directed in subdivision F 2 c of 18VAC15-50-410, then use a new wet disposable cleaning cloth to wipe that section again. If the cloth matches the cleaning verification card, that section of the surface has been adequately cleaned.

b. If the cloth used to wipe a particular surface section does not match the cleaning verification card after the surface has been re-cleaned, wait for one hour or until the entire surface within the work area has dried completely, whichever is longer.

c. After waiting for the entire surface within the work area to dry, wipe each section of the surface that has not yet achieved post-renovation cleaning verification with a dry disposable cleaning cloth. After this wipe, that section of the surface has been adequately cleaned.

3. When the work area passes the post-renovation cleaning verification, remove the warning signs.

C. For exteriors, a licensed renovator must perform a visual inspection to determine whether the dust, debris or residue is still present on surfaces in and below the work area, including windowsills and the ground. If dust, debris or residue is present, these conditions must be eliminated and another visual inspection must be performed. When the area passes visual inspection, remove the warning signs. ]

18VAC15-50-430 [ Dust sampling technician Optional dust clearance testing ]

A. [ A licensed dust sampling technician, a licensed lead inspector, or a licensed lead risk assessor may conduct dust sampling for renovation activities. Cleaning verification required by 18VAC15-50-420 need not be performed if the contract between renovation contractor and the person contracting for the renovation requires the renovation contractor to perform dust clearance sampling at the conclusion of a renovation, or if dust clearance sampling is required by another federal, state, or local law or regulation. Dust clearance sampling must be performed in accordance with the requirements of this section.

B. Dust clearance samples are required to be collected by a licensed lead inspector, licensed lead risk assessor, or dust sampling technician.

B. C. ] When performing dust clearance sampling, a licensed dust sampling technician, a licensed lead inspector, or a licensed lead risk assessor [ shall must ] collect dust samples in accordance with [ 40 CFR 745 18VAC15-30-650 ] , send the collected samples to a laboratory recognized by EPA under [ TSCA section § ] 405(b) [ of the Toxic Substances Control Act ] , and compare the results to the clearance levels in [ accordance with 40 CFR 745 40 CFR 745.227(e)(8) ] .

[ D. The renovation contractor is required to re-clean the work area until the dust clearance sample results are below the clearance standards in 40 CFR 745.227(e)(8).

C. E. ] The licensed dust sampling technician [ shall , licensed lead inspector, or licensed lead risk assessor must ] complete a written clearance report that includes laboratory results. A copy of the clearance report [ shall must ] be provided to the person with whom the dust sampling technician [ , lead inspector, or lead risk assessor ] entered into a contract.

[ D. The licensed dust sampling technician shall have with him at the work site a copy of his current approved initial training course certificate of completion and his current approved refresher training course certificate of completion, and a copy of his valid Virginia dust sampling technician license. ]

18VAC15-50-440 Activities conducted after successful cleaning verification or clearance testing [ . ] 

Activities that do not disturb paint, such as re-painting walls that have been properly prepared, are not regulated under this chapter if they are conducted after post-renovation cleaning verification has been performed or clearance testing results show dust lead levels below the clearance standards specified in [ 40 CFR 745 40 CFR 745.227(e)(8) ] .

18VAC15-50-450 Emergency renovations

A. Emergency renovations are exempt from the [ information distribution, ] warning sign, containment, waste handling, training, and licensure requirements of this chapter to the extent necessary to respond to the emergency.

B. Emergency renovations are not exempt from cleaning and clearance requirements [ specified in 18VAC15-50-420 and 18VAC15-50-430 ] or recordkeeping requirements specified in [ 40 CFR 745 18VAC15-50-320 ] .

18VAC15-50-460 Recognized testing methodologies

A. When requested by the [ party person ] contracting for renovation services, the licensed renovator may use only an EPA-recognized paint testing methodology to determine whether components and surfaces to be affected by the renovation activities contain lead-based paint. The [ certified licensed ] renovator [ shall must ] test each distinct component and surface to be affected, follow the manufacturer's instructions for use of the paint test kit, and document the records, in accordance with 18VAC15-50-320.

B. Recognized test kits or collecting paint chip samples and submitting to an [ NLLAP recognized NLLAP-recognized ] laboratory for analysis shall meet or exceed both the negative response criteria and positive response criteria, as specified in [ 40 CFR 745 40 CFR 745.88 ] .

18VAC15-50-9998 FORMS (18VAC15-50)

Renovator License Application, A507-33XXLIC-v1

Dust Sampling Technician License Application, A507-33XXLIC-v1

Renovation Contractor License Application, A506-33XXLIC-v1

Lead-Based Paint Renovation, Repair, and Painting License Renewal Form, A506-33XXLRRP_REN-vs1

Accredited Renovation Training Program Approval Application, A506-33XXSCHL-v2

18VAC15-50-9999 Documents Incorporated by Reference (18VAC15-50)

Model Renovation, Repair and Painting (RRP) Rule E-learning Course Component Implementation Requirements, United States Environmental Protection Agency, Publication Date Unknown, epa.gov

Renovate Right: Important Lead Hazard Information for Families, Child Care Providers, and Schools, United States Environmental Protection Agency, EPA-740-K-10-001, September 2011, epa.gov

Sample Renovation Recordkeeping Checklist, United States Office of Management and Budget, OMB No. 2070-0195, February 5, 2021, epa.gov