KRS 211.9063: Certification of those performing lead -hazard detection or abatement

services -- Administrative regulations -- Decision on application -- Quality

assurance inspector.

(1) Beginning July 1, 1997, all persons who perform or offer to perform lead -hazard

detection or lead -hazard abatement services in target housing or child -occupied

facilities shall be certified pursuant to this section.

(2) The Department for Public Health shall create and administer a certification

program for persons who perform or off er to perform lead-hazard detection or lead-

hazard abatement services.

(3) No later than October 1, 1996, the department shall promulgate administrative

regulations pursuant to KRS Chapter 13A to establish the training and testing

requirements for certification. The training and testing requirements and procedures

established by the department shall be sufficient to reflect the ability of the person

applying for certification to provide services in accordance with local, state, and

federal laws and regulations that are applicable to the duties for which the person is

requesting certification.

(4) No later than October 1, 1996, the department shall promulgate administrative

regulations pursuant to KRS Chapter 13A to provide for the enforcement of the

certification program. The department may revoke, suspend, or restrict the

certificate of any certificate holder and may refuse to issue or renew a certificate to

a person who fails to comply with certification requirements. The department may

also impose sanctions for any of the following reasons:

(a) Fraud or deceit in obtaining certification;

(b) Transfer of the authority granted by the certificate to another person; or

(c) Negligence or incompetence in compliance with applicable state and federal

laws, regulations, and established standards of practice.

(5) No person certified pursuant to this section shall perform lead -hazard abatement

services in target housing or child -occupied facilities, as defined in KRS 211.9061,

without having obtained a permit to perfor m the services. An application for the

permit shall be made to the department upon forms provided by the department, and

shall be accompanied by the required fee established pursuant to KRS 211.9067.

The permit fee shall be sufficient to fully cover the co st of the quality assurance

inspection conducted to determine compliance with the certification requirements of

this section, and the performance standards established pursuant to KRS 211.9075.

(6) The department shall consider and render a decision in res ponse to a permit

application submitted pursuant to subsection (5) of this section no later than seven

(7) calendar days after the application and the applicable fee are received by the

department. The quality assurance inspection of a lead -hazard abatement site shall

occur no later than seven (7) working days after the department receives notification

from the permit holder that the lead-abatement at the site has been completed. If the

department does not meet the seven (7) day deadline, the department shall allow the

permit holder to begin construction or other renovation activities upon completion

of the abatement service. This approval shall not serve as a substitute for the final

inspection required to determine compliance pursuant to subsection (5) of this

section.