2009 Kentucky Revised Statutes CHAPTER 211 STATE HEALTH PROGRAMS 211.9063 Certification of those performing lead-hazard detection or abatement services -- Administrative regulations -- Decision on application -- Quality assurance inspector.
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211.9063 Certification of those performing lead-hazard detection or abatement
services -- Administrative regulations -- Decision on application -- Quality <br>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 <br>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 offer to perform lead-hazard detection or lead-<br>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 <br>requirements for certification. The training and testing requirements and procedures <br>established by the department shall be sufficient to reflect the ability of the person <br>applying for certification to provide services in accordance with local, state, and <br>federal laws and regulations that are applicable to the duties for which the person is <br>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 <br>certification program. The department may revoke, suspend, or restrict the <br>certificate of any certificate holder and may refuse to issue or renew a certificate to <br>a person who fails to comply with certification requirements. The department may <br>also impose sanctions for any of the following reasons: <br>(a) Fraud or deceit in obtaining certification; <br>(b) Transfer of the authority granted by the certificate to another person; or <br>(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, <br>without having obtained a permit to perform the services. An application for the <br>permit shall be made to the department upon forms provided by the department, and <br>shall be accompanied by the required fee established pursuant to KRS 211.9067. <br>The permit fee shall be sufficient to fully cover the cost of the quality assurance <br>inspection conducted to determine compliance with the certification requirements of <br>this section, and the performance standards established pursuant to KRS 211.9075.
(6) The department shall consider and render a decision in response to a permit
application submitted pursuant to subsection (5) of this section no later than seven <br>(7) calendar days after the application and the applicable fee are received by the <br>department. The quality assurance inspection of a lead-hazard abatement site shall <br>occur no later than seven (7) working days after the department receives notification <br>from the permit holder that the lead-abatement at the site has been completed. If the <br>department does not meet the seven (7) day deadline, the department shall allow the <br>permit holder to begin construction or other renovation activities upon completion <br>of the abatement service. This approval shall not serve as a substitute for the final
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inspection required to determine compliance pursuant to subsection (5) of this <br>section.
Effective: July 15, 1998 <br>History: Amended 1998 Ky. Acts ch. 426, sec. 332, effective July 15, 1998. -- Created
1996 Ky. Acts ch. 168, sec. 2, effective July 15, 1996.
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