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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. Certifications issued by the department prior to January 1, 2005, are valid for a period of three years from the date of issue, provided that the appropriate fee is paid on time each year. Certifications issued by the department on or after January 1, 2005, are valid for a period of two years from the date of issue.

(b) Specific requirements of applicants for certification as lead firms:

  (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) If the firm operates under an assumed name, the owner or authorized agent of the firm shall provide to the department with their Lead Firm certification application a copy of the firm's Certificate of Assumed Name that lists the firm's Assumed Name of Business, the address of the firm, and the name of the person registering the firm as an assumed name.

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

  (5) A firm shall submit a complete application form for lead firm certification to the department on a department-issued form and pay the appropriate certification fee.

(c) Responsibilities. The certified firm shall be responsible for the following:

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

  (4) 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); and

  (5) ensure that each employee engaged in lead-based paint activities is properly certified, and has a department-issued identification (ID) card and one form of a government-issued photo ID present at the worksite.

(d) Application for certification renewal. To become re-certified, the certified lead firm must follow the procedures contained in §295.205 of this title (relating to Certification: Applications, Denials, and Renewals).

  (1) If a certification holder makes a timely and sufficient application for the renewal of the certification by their current certification's expiration date, the current certification in the firm's possession does not expire until the application has been finally approved or denied by the department. The firm whose certification has been expired for less than one year may renew their certification by complying with the requirements of §295.205(h) of this title. Certifications that have been expired for a period of one year or more beyond the three-year expiration date cannot be renewed. The firm whose certification has been expired for a period of one year or more may become re-certified by complying with the current requirements and procedures for an original certification, subject to the certification requirements of subsection (b) of this section.

  (2) To maintain certification, the certified firm must seek re-certification by submitting a complete certification renewal 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 application will not be deemed timely filed and the department cannot guarantee that the application will be reviewed and acted upon before the end of the firm's certification period.

(e) Fees.

  (1) Two-year certifications. Effective January 1, 2005, the fee for a two-year lead firm certification shall be $1000. The fee must accompany the initial or renewal certification application.

  (2) Three-year certifications. Three-year certifications, which were issued prior to January 1, 2005, shall remain valid for the remainder of their three-year term provided that the annual fee of $500 is paid on time to the department. Upon expiration of this three-year certification, a fee of $1000 for a two-year renewal certification shall be paid upon submission of a complete application. Lead firms that possess a three-year certification that was issued prior to January 1, 2005, must submit an annual fee when due accompanied by a payment coupon issued by the department. In order to retain a three-year certification for the remainder of its term, all annual fees must be paid on time as required. Failure to make a timely annual fee payment may result in the suspension of the certification.

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; amended to be effective March 23, 2003, 28 TexReg 2347; amended to be effective January 1, 2005, 29 TexReg 11987

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