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211.9063 Certification of those performing lead-hazard detection or
abatement services -- Administrative regulations -- Decision on
application -- Quality assurance inspector.
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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.
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-hazard abatement services.
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.
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.
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 perform 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
cost 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.
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 (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.
Effective:July 15, 1998
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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