3701-32-04 General application procedures and provisions for clearance technician, lead inspector, lead risk assessor, lead abatement contractor, lead abatement worker or lead abatement project designer.

(A) To apply for a license as a clearance technician, lead inspector, lead risk assessor, lead abatement contractor, lead abatement worker, or lead abatement project designer an individual shall:

(1) Submit a complete application to the director, on forms prescribed by the director, for each discipline in which the applicant desires to receive a license;

(2) Pay to the director the following non-refundable, biennial license fee by check or money order payable to “Treasurer, State of Ohio” :

(a) For a clearance technician license, two hundred and fifty dollars;

(b) For a lead inspector license, two hundred and fifty dollars;

(d) For a lead abatement worker license, fifty dollars;

(e) For a lead abatement contractor license, five hundred dollars; or

(f) For a lead abatement project designer license, five hundred dollars.

(3) Pass any required examination; and

(4) Comply with any procedure the director has in place to implement a system under which a license contains picture identification.

(B) In the case of an applicant for an initial lead activity license, the director shall:

(1) Notify the applicant of any deficiency and/or needed modification to the application; and

(2) Notify the applicant of the approval of the application for licensure within thirty calendar days of the date the applicant complies with the requirements of Chapter 3701-32 of the Administrative Code.

(C) An individual is exempt from taking the course of instruction, approved by the director pursuant to section 3742.08 of the Revised Code and rule 3701-82-01 of the Administrative Code, on lead activities specific for the discipline for which the individual is applying, if the individual meets one of the following:

(1) The individual is certified by the American board of industrial hygiene as an industrial hygienist or as an industrial hygienist-in-training; or

(2) The individual is registered as a sanitarian or sanitarian-in-training pursuant to Chapter 4736. of the Revised Code.

(D) The individual must furnish documentation of their exempt status before the director shall approve the application.

(E) An individual who is licensed, certified, or otherwise approved pursuant to the laws of another state to perform functions substantially similar to those of a lead abatement contractor, lead inspector, clearance technician, lead risk assessor, lead abatement project designer, or lead abatement worker may apply to the director for licensure. The director shall license the applicant upon a determination that the standards for licensure or approval in the other state are substantially equivalent to those set forth in Chapter 3742. of the Revised Code and Chapter 3701-32 of the Administrative Code, and upon payment of the fee set forth in paragraph (A)(2) of this rule. The director may require the applicant to pass an examination before licensing the applicant pursuant to this paragraph. Individuals licensed pursuant to this paragraph are subject to the same duties and requirements for renewal as other individuals licensed pursuant to Chapter 3742. of the Revised Code and Chapter 3701-32 of the Administrative Code.

(F) Any individual approved for licensure pursuant to this rule, shall comply with the deadline for obtaining their license according to this paragraph or their approval for licensure shall expire. The deadline for obtaining the license is as follows:

(1) For any individual who has successfully completed an approved training course in the past twelve-month period, one year after the last day of the required training course;

(2) For any individual who is exempt from the training requirements, one year from the date the application is approved by the director; or

(3) For any candidate applying for licensure pursuant to paragraph (E) of this rule, the expiration date of the other state’s license.

(G) At the exam, the applicant shall provide photographic proof of identity, and any other identification that the director chooses to require, to the director or the director’s designated examination administrator upon request.

(H) To renew a license, all individuals shall:

(1) Successfully complete the appropriate refresher course. A lead abatement worker may take a lead abatement contractor refresher course in lieu of a lead abatement worker refresher course and a lead inspector may take a lead risk assessor refresher course in lieu of a lead inspector refresher course;

(2) Submit a copy of the refresher course completion certificate, as required;

(3) Submit a complete application, on forms prescribed by the director, specific for renewal, and pay the biennial fee set forth in paragraph (A)(2) of this rule;

(4) Comply with any procedure that the director has in place to establish proof of licensure; and

(5) Except for clearance technicians, who shall complete a refresher course every four years, complete a refresher course during the year prior to the expiration date of his or her license.

(I) An application to renew a lead activity license submitted after the expiration date of the current license shall be approved by the director with the following restrictions:

(1) The renewed license shall have an expiration date of two years from the expiration date of the previous license;

(2) The renewal license fee shall not be prorated; and

(3) A license that has been expired for more than two years shall not be renewed.

(J) To replace a license, an individual shall:

(1) Submit a complete application to the director, on forms prescribed by the director, specific for a replacement license; and

(2) The individual shall pay the fee for replacement of proof of licensure by check or money order payable to the “Treasurer, State of Ohio” as follows:

(a) For a lead abatement contractor license, one hundred dollars;

(b) For a lead abatement project designer license, one hundred dollars;

(d) For a lead risk assessor license, fifty dollars;

(e) For a lead abatement worker license, twenty-five dollars; or

(f) For a clearance technician license, fifty dollars.

(K) Subject to Chapter 119. of the Revised Code, the director may refuse to issue or renew, or may suspend or revoke a license, if the licensee or applicant for the license:

(1) Has obtained or attempted to obtain:

(a) Training documentation through fraudulent means;

(b) Admission to or completion of an approved training program through misrepresentation of admission requirements;

(d) A license by misrepresenting related documents pertaining to education, training, professional registration, or experience; or by submitting fraudulent or deceptive information on an application for licensure;

(e) A license without payment of the licensing examination fee; or

(f) A license by cheating on the licensure examination;

(2) Fails at any time to meet the qualifications for a license;

(3) Violates or has violated any provision of Chapter 3742. of the Revised Code, Chapter 3701-32 of the Administrative Code, or federal or local lead-based paint or lead hazard statutes or regulations;

(4) Permits another individual to duplicate or use his or her proof of identity or licensure, evidence of training or examination documents;

(5) Performs lead activities without the appropriate license, or without having proof of licensure available for inspection at the job-site;

(6) Fails to maintain required records pursuant to Chapter 3701-32 of the Administrative Code;

(7) Interferes with an investigation conducted pursuant to section 3742.35 of the Revised Code; or

(8) Employs or authorizes use of lead abatement personnel that are not licensed pursuant to this chapter.

(L) Each license or license renewal issued pursuant to Chapter 3701-32 of the Administrative Code expires two years after the date of issuance.

(M) The director shall issue only one license for each licensing discipline to any individual.

(N) Anyone licensed pursuant to Chapter 3701-32 of the Administrative Code shall notify the director of any change of his or her home address within two weeks after the change.

(O) Anyone licensed pursuant to Chapter 3701-32 of the Administrative Code shall carry proof of licensure on their person, or have proof of licensure available on site when performing a lead activity.

HISTORY: Eff 12-30-94; 5-11-95; 10-6-95 (Emer.); 11-23-95; 3-21-98; 4-1-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 3742.03

Rule amplifies: RC 3742.04, 3742.05, 3742.08, 3742.10, 3742.16, 3742.17, 3742.19, 3742.20

RC 119.032 review dates: 2/28/03, 2/1/08, 4/1/09