{"data":{"id":"us-ok/okla.-stat.-tit.-27a-27a-2-12-201","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 27A, § 27A-2-12-201","heading":"Promulgation of rules by Environmental Quality Board","body":"- Consistency with federal law.\n\nA. The Environmental Quality Board shall promulgate rules\n\ngoverning lead-based paint services which will:\n\n1. Enable any lead-based paint contractor meeting the standards\n\nand criteria established by the Board, including satisfactory\n\ncompletion of required training in applicable courses offered by\n\nDepartment of Environmental Quality-accredited training providers\n\nand programs or an out-of-state provider or program recognized and\n\napproved by the Department, to become certified by the Department;\n\n2. Require that any lead-based paint reduction contractor,\n\ninspector or hazard evaluator or specialist performing or offering\n\nto perform lead-based paint services on target housing or child-\n\noccupied facilities is certified prior to the performance of any\n\nsuch service;\n\n3. Ensure that persons holding themselves out to be certified\n\nlead-based paint contractors or certified lead-based paint\n\nspecialists have been certified as such by the Department; and\n\n4. Provide for accreditation of approved training providers and\n\nprograms located in this state.\n\nB. Such rules shall:\n\n1. Contain standards for performing lead-based paint activities\n\ntaking into account reliability, effectiveness and safety;\n\n2. Contain specific requirements for the accreditation of lead-\n\nbased paint training programs and the instructors of such programs\n\nincluding, but not limited to:\n\na. minimum requirements for the accreditation of training\n\nproviders,\n\nb. minimum training curriculum requirements,\n\nc. minimum training hour requirements,\n\nd. minimum hands-on training requirements,\n\ne. minimum trainee competency and proficiency\n\nrequirements, and\n\nf. minimum requirements for training program quality\n\ncontrol;\n\n3. Set training requirements for certified lead-based paint\n\ncontractors and lead-based paint specialists and require that such\n\ntraining be provided by Department-accredited training providers and\n\nprograms, or by out-of-state providers and programs recognized and\n\napproved by the Department. Such requirements shall allow for\n\ndifferences in the training needs of such contractors and\n\nspecialists in lead-based paint services in target housing and\n\nchild-occupied facilities and in applicable state and municipal\n\nregulatory waste disposal requirements;\n\n4. Provide that training requirements applicable to lead-based\n\npaint specialists establish minimum acceptable levels of training\n\nand periodic refresher training for each class of specialists;\n\n5. Require that all lead-based paint training programs shall\n\ninclude, but not be limited to, a hands-on component and instruction\n\non the health effects of lead exposure, the use of personal\n\nprotective equipment, workplace hazards and safety problems,\n\nreduction and abatement methods and work practices, decontamination\n\nprocedures, cleanup and waste disposal procedures, lead monitoring\n\nand on-site testing methods, and legal rights and responsibilities;\n\n6. Set forth requirements for certification of lead-based paint\n\ncontractors and specialists. Such requirements shall include, but\n\nare not limited to, applications therefor, bonding and education,\n\ntraining, examination and experience prerequisites;\n\n7. Establish a system of training for all personnel who render\n\nreview and inspection services for the Department in order to assure\n\nuniform statewide application of rules; and\n\n8. Identify guidelines, based on federal regulations, for the\n\ndetermination of adverse human health effects posed by lead-based\n\npaint hazards.\n\nC. Rules promulgated by the Board shall not apply to railroad\n\nbridges owned or leased by a railroad.\n\nD. 1. The Board shall establish a system of nonrefundable fees\n\nto be charged for certification of lead-based paint contractors and\n\nspecialists, accreditation of approved Oklahoma training programs\n\nand training providers, recognition and approval of out-of-state\nd by lead-based\n\npaint hazards.\n\nC. Rules promulgated by the Board shall not apply to railroad\n\nbridges owned or leased by a railroad.\n\nD. 1. The Board shall establish a system of nonrefundable fees\n\nto be charged for certification of lead-based paint contractors and\n\nspecialists, accreditation of approved Oklahoma training programs\n\nand training providers, recognition and approval of out-of-state\n\naccredited training programs and training providers, any training or\n\nother program related to lead-based paint services conducted by the\n\nDepartment, and for services rendered by the Department in\n\nconnection with such certification, accreditation, recognition and\n\napproval, and programs.\n\n2. The Board shall base its schedule of fees upon the costs of\n\nservices provided.\n\n3. The state and political subdivisions thereof, shall be\n\nexempt from any certification fees required by rules of the Board if\n\nan affidavit is filed with the Department stating that the applicant\n\nis employed by the state or political subdivision thereof and shall\n\nonly be performing lead-based paint services for the state or\n\npolitical subdivision employer. Any such employee who performs or\n\noffers to perform lead-based paint services as a certified lead-\n\nbased paint contractor or specialist for persons other than his or\n\nher state or political subdivision employer shall be subject to\n\ncertification fees upon such performance or offer.\n\nE. Any rules promulgated by the Board shall be consistent with\n\nfederal laws and regulations relating to lead-based paint services\n\nspecified by the Residential Lead-based Paint Hazard Reduction Act\n\nof 1992, 42 U.S.C. 4851 et seq., Public Law No. 102-550, to ensure\n\nconsistency in regulatory action. Such rules shall not be more\n\nrestrictive than corresponding federal regulations unless such\n\nstringency is specifically authorized by this article. The Board\n\nshall have the right to revise its rules and procedures from time to\n\ntime to assure that lead-based paint projects continue to be\n\neligible for federal funding by meeting the state certification\n\nprogram standards and other requirements that may from time to time\n\nbe promulgated by federal agencies that have jurisdiction over lead-\n\nbased paint hazards.","path":["OK Code","Title 27A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os27A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"5d314fca26d9f65b488a5e9d09b374033a08308724ebd8bb747a5d1a4a8abba5","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-27a-27a-2-12-102","next":"us-ok/okla.-stat.-tit.-27a-27a-2-12-202"},"notice":"GroundRules: Original legal text. Not legal advice."}