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Initial promulgation of Lead-based Paint Renovation, Repair and ...
Stage: Proposed

CHAPTER 50
LEAD-BASED PAINT RENOVATION, REPAIR, AND PAINTING REGULATIONS

18VAC15-50-10. Definitions..

PART I

Definitions

18 VAC 15-50-10. Definitions.

Section 54.1-500 of the Code of Virginia, as amended, 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-contaminated dust

Lead inspector

Lead risk assessor

Person

Principal instructor

Renovation

Renovation contractor

Renovator

Training manager

The following words and terms, when used in this chapter, shall have the following meaning unless the context clearly indicates otherwise.

"Applicant" means a person who has submitted 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.

"Application" means a 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.

"Common area" means a portion of the building that is generally accessible to all occupants.  This includes, but is not limited to, hallways, stairways, 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, 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 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 examination" means an evaluation of the overall effectiveness of the training which shall test the trainees' 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 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.

 "Emergency renovation" means renovation, remodeling, or repainting activities that were not planned, but resulted 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.

"EPA" means the United States Environmental Protection Agency.

"Firm" means any business entity recognized under the laws of the Commonwealth of Virginia.

 "HUD" means the United States Department of Housing and Urban Development.

 "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 who has been issued and holds a 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.

"OSHA" means the United States Department of Labor, Occupational Safety and Health Administration.

 "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.

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

 "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 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.

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

18VAC15-50-20. Licensure and training program approval requirements..

PART II

General

18 VAC 15-50-20. Licensure and training program approval requirements.

A. A license issued by the board is required of any person who engages in renovation or dust clearance sampling 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 the effective date of this chapter may continue to lawfully practice in Virginia until (insert date which is 12 months after effective date of Virginia regulations).  Effective (insert date that is 12 months plus one day after effective date of Virginia regulations), to continue to lawfully practice in Virginia, a valid Virginia renovation contractor, renovator, or dust sampling technician license, as appropriate, shall be required.

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 be approved by the board.

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

18VAC15-50-30. Renovation activities..

18 VAC 15-50-30. Renovation activities.

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, contract, or other agreement. 

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

18VAC15-50-40. Activities exempt from licensure requirement.

18 VAC 15-50-40. Activities exempt from licensure requirement.

This chapter shall not apply to the following:

1. A person performing a minor repair and maintenance activity as defined in 18 VAC 15-50-10.

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 using a recognized test kit, as defined in 18 VAC 15-50-10, 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 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.

PART III

Entry

18 VAC 15-50-50. Application procedures.

A.  Each applicant seeking licensure or accredited renovation training program approval shall submit an application on forms provided by the board with the appropriate fee specified in 18 VAC 15-50-250.  The applicant shall 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 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 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.

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

18VAC15-50-60. General qualifications for individual licensure.

18 VAC 15-50-60. General qualifications for individual licensure.

In addition to the license-specific qualifications for licensure in 18 VAC 15-50-70 or 18 VAC 15-50-80, as applicable, an individual seeking licensure as a renovator or dust sampling technician shall comply with the following.

A. The applicant shall disclose his full legal name.

B. The applicant shall be at least 18 years old.

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

D.  Each applicant shall disclose all convictions, in any jurisdiction, of any misdemeanor within the last five years or of 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.

E. Applicants shall 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.

F. Applicants shall disclose any disciplinary action taken in any jurisdiction including, but not limited to, monetary penalties, fines, suspension, revocation, or surrender of a license in connection with a disciplinary action.

G.  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, but not limited to, monetary penalties, fines, suspension, revocation, or surrender of a license or certificate.

H. Applicants who disclose items specified in subsections D and F 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 as a renovator.

18 VAC 15-50-70.  Qualifications for licensure as a renovator. 

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

A. An approved renovator initial training course. If the initial training was completed more than 60 months prior to the application, the applicant shall have successfully completed an approved renovator refresher training course at least once every 60 months after the date of completion of an approved renovator initial training course;

B. 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

C. 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 licensure as a dust sampling technician.

18 VAC 15-50-80.  Qualifications for licensure as a dust sampling technician.

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

A. 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 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

B. 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. Qualifications for renovation contractor licensure.

18 VAC 15-50-90. Qualifications for renovation contractor licensure.

A. Each firm shall 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 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 county or jurisdiction where the business is to be conducted in accordance with Chapter 5 of Title 59.1 of the Code of Virginia, as applicable, before submitting its application to the board.

C. The applicant shall disclose a physical and mailing 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 to do business in Virginia as a corporation, limited liability company, partnership, or association, as applicable, in accordance with Chapter 5 of Title 59.1 or Title 13.1 of the Code of Virginia.

      E. 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 or will be 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, and when not on site during renovation activities, the licensed renovator shall 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 be followed at all times during the performance of renovation activities.

4. Pre-renovation 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. A renovator is assigned to each renovation performed by the firm and discharges 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 applicant shall disclose all convictions, in any jurisdiction, of any misdemeanor within the last five years or any felony of the firm or the owners, officers or directors of the firm, regardless of adjudication, with no appeal pending or the time of appeal having lapsed.  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 any disciplinary action taken in any jurisdiction including, but not limited to, monetary penalties, fines, suspension, revocation, or surrender of a license in connection with a disciplinary action.

H. Each applicant shall 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, but not limited to, monetary penalties, fines, suspension, revocation, or surrender of a license or certificate.

J. 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.

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

PART  IV

Entry Requirements for Accredited Renovation Training Programs

18 VAC 15-50-100.  Accredited renovation training programs and training course approval.

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 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. Qualifications for accredited renovation training program approval.

18 VAC 15-50-110. Qualifications for accredited renovation training program approval.

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 demonstrate through its application material that it meets the minimum requirements provided in this chapter, as applicable.  Accredited renovation training programs shall 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 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 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 shall provide a description of its facilities.  Such description shall 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. The application shall include a copy of the quality control plan that must be developed and implemented by the training manager.  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 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. General training course requirements.

18 VAC 15-50-120.  General training course requirements.

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

B. The following course information shall 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 independently meet the accreditation requirements of this chapter.  For each course taught in a language other than English, the application shall include a copy of all course materials translated to English.

4. Whether the course will be offered online or in a traditional classroom setting.  In addition to the other requirements of this chapter, online initial training courses shall meet the hands-on training requirements pursuant to 40 CFR 745.225 and 18 VAC 15-50-130 or 18 VAC 15-50-140 of this chapter, as applicable.

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 18 VAC 15-50-200 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, but not limited to, 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 18 VAC 15-50-130 or 18 VAC 15-50-140, 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 contain the information listed in 18 VAC 15-50-200.

J. A proposed course, if determined, for auditing purposes.

18VAC15-50-130. Renovator initial training course requirements.

18 VAC 15-50-130. Renovator initial training course requirements.

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. Procedures for collecting a paint chip sample and sending it to an 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. Dust sampling technician initial training course requirements.

18 VAC 15-50-140. Dust sampling technician initial training course requirements.

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. 

18VAC15-50-150. Refresher training criteria.

 18 VAC 15-50-150. Refresher training criteria.

A.  Renovator refresher training courses shall last a minimum of four hours and review the curriculum topics of the full-length course specified in 18 VAC 15-50-130. 

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 18 VAC 15-50-140.

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. Training manager qualifications.

18 VAC 15-50-160.  Training manager qualifications.

The accredited renovation training program shall 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. Principal instructor qualifications.

18 VAC 15-50-170.  Principal instructor qualifications.

The accredited renovation training program shall 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 8 hours of any EPA-approved or board-approved lead-specific training of lead-based paint activities courses or 8 hours of any EPA-approved or board-approved lead-specific training 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. Qualifications for a training manager serving as a principal instructor.

18 VAC 15-50-180.  Qualifications for a training manager serving as a principal instructor.

Any training manager who intends to also serve as a principal instructor shall meet the requirements specified in 18 VAC 15-50-170 and, prior to instructing, provide documentation to the board.  

18VAC15-50-190. Training manager and principal instructor documentation.

18 VAC 15-50-190. Training manager and principal instructor documentation.

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 18 VAC 15-50-160 and 18 VAC 15-50-170. All documentation shall be reviewed and, if acceptable, approved by the board prior to the principal instructor teaching an approved training course or a training manager fulfilling his responsibilities pursuant to 18 VAC 15-50-370.

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. Course examination for approved initial training courses.

18 VAC 15-50-200. Course examination for approved initial training courses.

A. Upon completion of each approved initial training course, the accredited renovation training program shall 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 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 test the trainees' knowledge and retention of the course topics covered.

C. The passing score on the course examination shall be 70 percent.

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 IX 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 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 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. Course certificates of completion.

18 VAC 15-50-210. Course certificates of completion.

The accredited renovation training program shall issue unique course certificates of completion to each individual who passes the training course.  The course certificate of completion shall 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. Acceptance of certificates of completion; retroactive approval prohibited.

18 VAC 15-50-220. Acceptance of certificates of completion; retroactive approval prohibited.

An accredited renovation training program and its training course(s) 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. Audit of accredited renovation training program training course.

18 VAC 15-50-230.  Audit of accredited renovation training program training course.

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 be conducted. 

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

2. If the on-site audit of the training program reveals a deficiency or deficiencies in compliance with this chapter, then the board shall notify the training program of the deficiency or deficiencies and a timeframe for correction of the deficiency or deficiencies.  The board or its agent shall 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 Virginia regulations], the effective date of the Virginia regulations, are exempt from the audit requirement of subsection A of this section.

18VAC15-50-240. General fee requirements.

PART V

Fees

 18 VAC 15-50-240. General fee requirements.

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.

18VAC15-50-250. Application fees.

18 VAC 15-50-250. Application fees.

The fee amount provided below shall 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. Renewal fees.

18 VAC 15-50-260. Renewal fees.

The fee amount below shall 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. Renewal required.

PART VI

Renewal

18 VAC 15-50-270. Renewal required.

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

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

C.  A fee shall be required for renewal as specified in 18 VAC 15-50-260.

18VAC15-50-280. Procedures for renewal.

18 VAC 15-50-280. Procedures for renewal.

A. The department shall 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 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 18 VAC 15-50-290.

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 of approved training courses shall return to the board the renewal notice and the renewal fee.  Documentation that the requirements in 18 VAC 15-50-290 have been met shall accompany the renewal notice and fee.

E. Should the regulant 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 or accreditation, the regulant is certifying his 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 constitute a certification that the regulant is in full compliance with the board's regulations.

G. By renewing an accredited renovation training program, the training program certifies continued compliance with the board's regulations 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 be subject to the late renewal fee as established in 18 VAC 15-50-260.

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 not be renewed.  The individual, firm, or renovation training program shall apply as a new applicant and meet all entry requirements in effect at the time of submittal of the new application.

18VAC15-50-290. Qualifications for individual license renewal.

18 VAC 15-50-290. Qualifications for individual license renewal.

A. A licensee desiring to maintain an individual dust sampling technician or renovator license shall 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.

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

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

18VAC15-50-300. Grounds for denial of application, denial of renewal, or disciplinary action.

PART VII

General Standards of Practice and Conduct

18 VAC 15-50-300. Grounds for denial of application, denial of renewal, or disciplinary action.

A. The board shall have the authority 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, to suspend or revoke any license or approval as an accredited renovation training program, and to place a regulant on probation, which may include but not be limited to successful completion of remedial education as provided for under Chapter 5 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, 2, 3, or 5 of Title 54.1 of the Code of Virginia, or any of the provisions of this chapter.

2. Willful violation of standards established by the EPA, OSHA, 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 18 VAC 15-50-340.

9. Failing to report a change pursuant to 18 VAC 15-50-310.

10. A regulant having been convicted, found guilty, or disciplined in any jurisdiction of any offense or violation enumerated in 18 VAC 15-50-330.

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 18 VAC 15-50-330.

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 18 VAC 15-50-380, 18 VAC 15-50-390, 18 VAC 15-50-400, 18 VAC 15-50-410, 18 VAC 15-50-420, 18 VAC 15-50-430, and 18 VAC 15-50-460.

15. Any unlawful act or violation of any provision of Chapter 5 of Title 54.1 of the Code of Virginia or of 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 be 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.

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 the authority 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 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 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 conduct disciplinary procedures in accordance with §§ 2.2-4019 and 2.2-4021 of the Administrative Process Act.

18VAC15-50-310. Maintenance of license.

18 VAC 15-50-310. Maintenance of license.

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 program training course approval letter to the board.  All address change submittals shall conform to the requirements of 18 VAC 15-50-60.C, 18 VAC15-50-90.C, and 18 VAC 15-50-110.B, as applicable.  If the regulant holds more than one license or approval, the regulant shall inform the board of all licenses and approvals 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 program training course approval letter to the board.  If the regulant holds more than one license or approval, the regulant shall 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 be assigned or otherwise transferred.  Any attempt to assign or otherwise transfer a license or approval shall make the license or approval 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 notify the board of any other changes in information previously submitted to the board pursuant to this chapter.

18VAC15-50-320. Recordkeeping and reporting requirements for renovation contractors.

18 VAC 15-50-320. Recordkeeping and reporting requirements for renovation contractors.

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.

18VAC15-50-330. Notice of adverse action.

18 VAC 15-50-330. Notice of adverse action.

Regulants shall notify the board of the following actions:

A. 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 program, training course approval, license, certification, registration, or authorization of the regulant.

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

C. 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.

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.

18VAC15-50-340. Response to inquiry and provision of records.

18 VAC 15-50-340. Response to inquiry and provision of records.

A. A regulant shall 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 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 time frame upon a showing of extenuating circumstances prohibiting delivery within such 10-day period.

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.

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. Audit of accredited renovation training programs and approved training courses.

18 VAC 15-50-350.  Audit of accredited renovation training programs and approved training courses.

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. Changes to an accredited renovation training program or training course.

PART VIII

Standards of Practice and Conduct for Accredited Renovation Training Programs

18 VAC 15-50-360.  Changes to an accredited renovation training program or training course.

A. Any changes to the accredited renovation training program as provided to the board in accordance with Part  IV of this chapter, excluding changes specifically related to any approved training course offered by the accredited renovation training program, shall be submitted to the board within 30 days of the change.  Changes to the approved training course shall be submitted in accordance with subsection C of this section.

B. The accredited renovation training program shall notify the board of the discontinuation of an approved training course offered by the accredited renovation training program.  Such notification of discontinuation shall result in the withdrawal of approval of the training course.  After the board provides notice to the accredited renovation training program, the board shall 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 the aforementioned 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 of this chapter 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.

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

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

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

18 VAC 15-50-370. Responsibilities of the training manager.

A.  The training manager shall 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 the trainees' 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 the trainees' knowledge and retention of the course topics.

B. The training manager shall, for each course offered, designate a principal instructor.  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 portions of a course.

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

18 VAC 15-50-380. Accredited renovation training program recordkeeping and provision of records to the board.

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.

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

C. The training manager shall 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. The training manager shall 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. Barring situations or circumstances beyond the control of the accredited renovation training program, the training manager shall 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. Each notification, including updates, shall 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(s) and time(s) of the approved training course.

5. Training location(s) and corresponding address(es) and telephone number(s).

6. Principal instructor's name.

7. Training manager's name.

G. The approved training course participant list shall be completed daily.

H. The approved training course participant list shall 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. The training manager shall provide the board the approved training course participant list no later than 10 business days following completion of the approved training course.

J. The approved training course participant list shall 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;

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

6. Training manager's name.

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

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

M. The board shall 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. General requirements.

PART IX

Standards for Conducting Renovation Activities

18 VAC 15-50-390. General requirements.

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

18VAC15-50-400. Pre-renovation education requirements.

18 VAC 15-50-400. Pre-renovation education requirements.

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

18VAC15-50-410. Renovation contractor.

18 VAC 15-50-410. Renovation contractor.

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.

18VAC15-50-420. Renovator.

18 VAC 15-50-420. Renovator.

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.

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.

18VAC15-50-430. Dust sampling technician.

18 VAC 15-50-430. Dust sampling technician.

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 745, send the collected samples to a laboratory recognized by EPA under TSCA section 405(b), and compare the results to the clearance levels in accordance with 40 CFR 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 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.

18 VAC 15-50-440. 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.

18VAC15-50-450. Emergency renovations.

18 VAC 15-50-450. Emergency renovations.

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 745.

18VAC15-50-460. Recognized testing methodologies.

18 VAC 15-50-460. Recognized testing methodologies.

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 18 VAC 15-50-320.

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