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Historical Rule for the Texas Administrative Code

TITLE 25HEALTH SERVICES
PART 1TEXAS DEPARTMENT OF HEALTH
CHAPTER 295OCCUPATIONAL HEALTH
SUBCHAPTER ITEXAS ENVIRONMENTAL LEAD REDUCTION
RULE §295.211Lead Firm: Certification Requirements

(a) Certification requirements. All firms engaged in or offering to perform lead-based paint activities in target housing and child-occupied facilities must be certified by the department. Such certification is valid for three years from the date the certification application is approved by the department.

(b) Specific requirements.

  (1) A firm seeking certification shall submit to the department a letter signed by the firm's owner or an authorized agent of the firm certifying that the firm will:

    (A) only employ certified employees to conduct lead-based paint activities; and

    (B) follow the standards for conducting lead-based paint activities set out in §295.212 of this title (relating to Standards for Conducting Lead-Based Paint Activities).

  (2) A firm shall submit a statement indicating whether the firm is a corporation, giving the state of incorporation and charter number; or, if not a corporation, provide a list of all owners (including their titles) employed by the unincorporated firm.

  (3) The firm shall maintain all records pursuant to the requirements in §295.212 of the title.

(c) Responsibilities. The responsibilities of a certified firm are:

  (1) to comply with the standards of operation, including EPA and the Occupational Safety and Health Administration of the United States Department of Labor (OSHA) regulations;

  (2) to provide required notification to the department about impending abatement projects, changes requiring re-notification, and emergency notifications, as described in §295.214 of this title (relating to Notifications);

  (3) to supply and train employees who perform lead-based paint abatement activities in the use of personal protection equipment, and to supervise their compliance; and

  (4) to assist department personnel in the discharge of their official duties to conduct inspections and investigations, as described in §295.218 of this title (relating to Compliance: Inspections and Investigations).

(d) Application for certification renewal. To maintain certification, the firm must seek re-certification by submitting an application to the department no later than 30 days before its certification expires. If the certified firm does not submit its application for re-certification by that date, the department cannot guarantee that the application will be reviewed and acted upon before the end of the firm's certification period.

(e) Fees. The annual fee for lead firm certification shall be $500. The fee must accompany the certification or renewal application the first year, and accompany the annual fee payment coupon issued by the department for years two and three. In order to retain certification, all annual fees must be paid as required.


Source Note: The provisions of this §295.211 adopted to be effective February 19, 1996, 21 TexReg 968; amended to be effective May 10, 1998, 23 TexReg 4280.

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