(a) Certification requirements. A person must be certified by the department as a lead abatement supervisor to engage in such activity in target housing and child-occupied facilities. Certifications issued by the department prior to January 1, 2005, are valid for a period of three years from the date of issue, provided that the appropriate fee is paid on time each year. Certifications issued by the department on or after January 1, 2005, are valid for a period of two years from the date of issue.
(b) Specific requirements of applicants for certification as lead abatement supervisors:
  (1) successfully complete a lead abatement supervisor training course and receive a course completion certificate from a department-accredited training program provider;
  (2) pass the state certification examination for lead abatement supervisors;
  (3) meet or exceed the following additional experience requirements:
    (A) one year of experience as a certified lead abatement worker; or
    (B) at least two years experience in a related field (e.g. lead, asbestos, or environmental remediation work), or in the building construction trades; and
  (4) submit a complete application for lead abatement supervisor certification to the department on a department-issued form and pay the appropriate certification fee within six months of passing the state certification examination.
(c) State certification examination.
  (1) In order to take the certification examination for lead abatement supervisors, an individual must first successfully complete a lead abatement supervisor course and receive a course completion certificate from a department-accredited training provider and meet or exceed the experience requirement of subsection (b)(3) of this section.
  (2) The individual shall then register for the examination on a department-issued form prior to taking the examination, provide a copy of the lead abatement supervisor course completion certificate with the registration form, and receive confirmation from the department that the individual is registered for that particular examination and examination date prior to taking the examination.
  (3) A score of at least 70% correct must be achieved to pass the examination.
  (4) An individual must achieve a passing score on the certification examination in no more than three attempts within six months of completing the appropriate course.
  (5) If an individual does not pass the certification examination within six months of receiving a course completion certificate, the individual must retake the original lead abatement supervisor course from a department-accredited training provider and receive a course completion certificate prior to taking the certification examination.
  (6) An examination fee of $50 for each examination attempt shall be submitted to the department with the department-issued examination registration form. The required fee must be in the form of a check or money order made payable to the Texas Department of Health. The required fee must be received by the department prior to taking the examination. If the required fee is not received by the department prior to taking the examination, the examination results will not be released and become official until payment is received.
  (7) Not later than the 30th day after the date a person takes a certification examination, the department shall notify the person of the results of the examination.
  (8) A person who fails the examination shall be allowed an opportunity immediately following their notification of the results to analyze their performance on the examination. Further analysis of the examination results may be provided by the department upon written request by the examinee.
  (9) A complete lead abatement supervisor certification application must be received by the department within six months of passing the lead inspector state examination in order for the examination results to be eligible for consideration toward granting certification.
    (A) A person who fails to submit a complete certification application within six months of passing the lead abatement supervisor state examination, will be required to additionally complete a lead abatement supervisor refresher training course from a department-accredited training program provider and receive a course completion certificate. The individual must then submit a complete certification application, including a course completion certificate of the additionally required lead abatement supervisor refresher training course, within six months of completing this refresher course.
    (B) If the applicant has not submitted a complete lead abatement supervisor certification application within three years of passing the state lead abatement supervisor examination, including documentation of any additionally required refresher training course, the person will again be subject to the certification requirements of subsection (b) of this section in order to be granted certification.
(d) Responsibilities. The certified lead abatement supervisor shall be responsible for the following:
  (1) identify the most appropriate course(s) of action to eliminate identified lead hazards;
  (2) ensure that all abatement activities in target housing and child-occupied facilities are completed according to the standards outlined in §295.212 of this title (relating to Standards for Conducting Lead-Based Paint Activities);
  (3) supply personal protection equipment to employees, train employees who perform lead-related activities in the use of equipment, and supervise their compliance;
  (4) ensure that abatement activities are conducted in accordance with regulatory requirements;
  (5) prepare a written abatement report as described in §295.212(d)(11) of this title;
  (6) develop an occupant protection plan as described in §295.212(d)(5) of this title;
  (7) be available at all times as described in §295.212(d)(2) of this title when abatement activities are being conducted;
  (8) ensure completion of all abatement activities according to these sections;
  (9) assume the duties of lead abatement workers or perform activities affecting lead materials;
  (10) cooperate with department personnel in the discharge of their official duties to conduct inspections and investigations, as described in §295.218 of this title (relating to Compliance: Inspections and Investigations);
  (11) maintain standards of operation, including Environmental Protection Agency (EPA) and Occupational Safety and Health Administration of the United States Department of Labor (OSHA) regulations; and
  (12) ensure that each lead abatement worker under their supervision has a department-issued certification identification (ID) card and one form of government-issued photo ID at the worksite.
(e) Application for certification renewal. To become re-certified, the certified lead abatement supervisor must successfully complete a lead abatement supervisor refresher training course from a department-accredited training provider no sooner than 180 days prior to the supervisor's certification expiration date and follow the procedures contained in §295.205 of this title.
  (1) If a certification holder makes a timely and sufficient application for the renewal of the certification by their current certification's expiration date, the current certification in his/her possession does not expire until the application has been finally approved or denied by the department. The person whose certification has been expired for less than one year may renew their certification by complying with the requirements of §295.205(h) of this title. Certifications that have been expired for a period of one year or more beyond the three-year expiration date cannot be renewed. The person whose certification has been expired for a period of one year or more may become re-certified by complying with the current requirements and procedures, including any examination requirements, for an original certification, subject to the certification requirements of subsection (b) of this section.
  (2) To maintain certification, the certified lead abatement supervisor must seek re-certification by submitting a complete certification renewal application to the department no later than 30 days before the certification expires. If the certified lead abatement supervisor does not submit an application for re-certification by that date, the application will not be deemed timely filed and the department cannot guarantee that the application will be reviewed and acted upon before the end of the lead abatement supervisor's certification period.
(f) Fees.
  (1) Two-year certifications. Effective January 1, 2005, the fee for a two-year lead abatement supervisor certification shall be $300. The fee must accompany the initial or renewal certification application.
  (2) Three-year certifications. Three-year certifications, which were issued prior to January 1, 2005, shall remain valid for the remainder of their three-year term provided that the annual fee of $150 is paid on time to the department. Upon expiration of this three-year certification, a fee of $300 for a two-year renewal certification shall be paid upon submission of a complete application. Persons who possess a three-year certification that was issued prior to January 1, 2005, must submit an annual fee when due accompanied by a payment coupon issued by the department. In order to retain a three-year certification for the remainder of its term, all annual fees must be paid on time as required. Upon payment of each annual fee, a new photo identification (ID) card will be issued and shall be valid for the time period for which the annual fee was paid. Failure to make a timely annual fee payment may result in the suspension of the certification.

Source Note: The provisions of this §295.208 adopted to be effective February 19, 1996, 21 TexReg 968; amended to be effective May 10, 1998, 23 TexReg 4280 ; amended to be effective March 23, 2003, 28 TexReg 2347; amended to be effective January 1, 2005, 29 TexReg 11987