Section 410IAC32-2-3. Licensing; qualifications

   (a) To become licensed by the department as an inspector, risk assessor, project designer, supervisor, worker, clearance examiner, or dust sampling technician, the applicant must do the following:

(1) Successfully complete an approved lead-based paint course in the appropriate discipline and receive a certificate of training from an approved course provider.

(2) Have attended an Indiana approved lead-based paint two (2) hour rules awareness course within twelve (12) months prior to making license application, if the approved lead-based paint course in subdivision (1) is not an Indiana-approved course.

(3) Meet or exceed the experience and education requirements for each desired discipline as listed in subsection (b).

(4) For inspector, risk assessor, project designers, and supervisor applicants, pass the third-party examination in the appropriate discipline.

(5) Notwithstanding subdivisions (1) through (4), an applicant may follow the reciprocity provisions in section 6.5 of this rule.

  (b) At a minimum, the following experience, education requirements, and course work must be fulfilled for each desired discipline:

(1) Worker and clearance examiner applicants must comply with subsection (a)(1) and (a)(2).

(2) Inspector applicants shall have a high school diploma or general equivalency diploma (GED).

(3) Risk assessor applicants shall take and pass the inspector and risk assessor courses and pass all required examinations, including third-party examinations. Applicants must meet any one (1) of the following combinations of education and experience:

(A) Bachelor's degree and one (1) year of experience.

(B) Associate's degree and two (2) years of experience.

(C) A high school diploma or GED and three (3) years of experience.

Required experience must be in a related field, including lead, asbestos, environmental remediation work, or construction.

(4) Supervisor applicants shall take and pass the supervisor course and all required examinations, including third-party examinations, and meet one (1) of the following:

(A) One (1) year of experience as a licensed lead-based paint abatement worker.

(B) Two (2) years of experience in a related field, including lead, asbestos, environmental remediation, or work in the construction trades.

(5) Project designer applicants are required to take and pass the supervisor and project designer courses and pass all the required examinations, including third-party examinations and shall have:

(A) a bachelor's degree in engineering, architecture, or a related profession and one (1) year of experience in building construction design or a related field; or

(B) four (4) years of experience in building construction and design or a related field.

  (c) A person who enters into a contract requiring the person to execute lead-based paint abatement to be conducted for compensation shall be a lead-based paint activities contractor licensed under this article. To become licensed by the department as a lead-based paint activities contractor, the applicant must comply with the following:

(1) The applicant must meet or have a designated representative who meets all of the following:

(A) Successfully complete an approved lead-based paint supervisor course within twelve (12) months prior to making license application, receive a certificate of training from an approved training course provider, and take and pass a third-party examination.

(B) One (1) year of experience as a licensed lead-based paint abatement worker or two (2) years of experience in a related field, to include lead, asbestos, environmental remediation, or work in the construction trades.

(2) The contractor may not allow an agent or employee of the contractor to:

(A) exercise control over a lead-based paint activities project;

(B) come into contact with lead-based paint in connection with lead-based paint activities; or

(C) engage in lead-based paint activities;

unless the agent or employee is licensed under this rule.

(3) The contractor and all of its agents and employees shall, when performing lead-based paint activities projects, comply with the work practice standards under 410 IAC 32-4 for performing the appropriate lead-based paint activities.

(4) Each contractor is required to have at least one (1) licensed lead-based paint project supervisor, responsible for direct supervision of workers, in the work area of the lead-based paint activity project. Lead-based paint workers shall have access to the project supervisors throughout the duration of the project.

(5) Each contractor shall ensure that the current lead-based paint program license belonging to each project supervisor and worker is kept on the job site during all lead-based paint activities. The lead-based paint licenses shall be:

(A) kept outside the work area; and

(B) available for inspection by the department.

(6) Contractor applicants must themselves have or have a designated representative who has:

(A) one (1) year of experience as a licensed lead-based paint abatement worker or at least two (2) years of experience in a related field, to include lead, asbestos, environmental remediation, or work in the construction trades; and

(B) successfully completed an approved lead-based paint supervisor course, received a certificate of training from an approved training course provider, and taken and passed a third-party examination.

  (d) To take the third-party examination, a person shall:

(1) successfully complete an approved training course in the appropriate discipline;

(2) receive a certificate of training from an approved training course provider; and

(3) meet or exceed the education and experience requirements in subsections (b) and (c).

  (e) An applicant may take the third-party examination, if required, not more than three (3) times within six (6) months of receiving a certificate of training.

  (f) If a person does not pass the third-party examination within six (6) months of receiving his or her certificate of training, the person must retake the appropriate initial course from an approved training course provider before reapplying for a license from the department.

  (g) Any individual who has had more than a forty-eight (48) month time lapse between any two (2) training courses of the same discipline shall:

(1) be required to attend an initial training course for the discipline in which he or she is seeking licensing; and

(2) take the third-party examination required for the discipline in which he or she is seeking licensure as follows:

(A) Inspectors, risk assessors, and supervisors shall take the examination for that discipline.

(B) Project designers shall take the third-party examination for supervisor.

(C) Workers or clearance examiners are not required to take a third-party examination.

  (h) The following documents shall be submitted to the department to demonstrate compliance with the requirements of this section:

(1) Official academic transcripts or diplomas to demonstrate compliance with the education requirements.

(2) Resumes, letters of reference, or documentation of work experience to demonstrate compliance with the work experience requirements.

(3) Certificates of training from lead-specific or other related training courses, issued by approved training course providers, to demonstrate compliance with the training requirements.

(4) Official documentation indicating the passage of a third-party examination.

(Indiana State Department of Health; 410 IAC 32-2-3; filed Jan 6, 1999, 4:28 p.m.: 22 IR 1441; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; filed Sep 10, 2003, 4:24 p.m.: 27 IR 467; errata filed Jun 14, 2010, 10:11 a.m.: 20100630-IR-410100396ACA; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; filed Dec 20, 2011, 1:51 p.m.: 20120118-IR-410100734FRA) NOTE: Transferred from the Air Pollution Control Board (326 IAC 23-2-3) to the Indiana State Department of Health (410 IAC 32-2-3) by P.L.57-2009, SECTION 17, effective July 1, 2009.