Minnesota Administrative Rules

4761.2300 LEAD RISK ASSESSOR LICENSE.

Subpart 1.

General requirements.

An individual performing a lead risk assessment, as defined in Minnesota Statutes, section 144.9501, subdivision 20b, must be licensed by the commissioner as a lead risk assessor. A lead risk assessor license is not transferable.

Subp. 2.

Education and experience requirements.

To be eligible for a lead risk assessor license, an applicant must:

A.

have a high school diploma and at least three years of experience in regulated lead work, asbestos abatement, environmental remediation, general construction, or a childhood lead poisoning prevention program of a government agency;

B.

have an associate's degree and two years of experience in regulated lead work, asbestos abatement, environmental remediation, general construction, or a childhood lead poisoning prevention program of a government agency;

C.

have a bachelor's degree and one year of experience in regulated lead work, asbestos abatement, environmental remediation, general construction, or a childhood lead poisoning prevention program of a government agency; or

D.

be a certified industrial hygienist, registered professional engineer, registered architect, certified safety professional, or registered public health sanitarian.

Subp. 3.

Training requirements; initial license.

To be eligible for an initial license as a lead risk assessor, an applicant must:

A.

complete:

(1)

the initial lead inspector and lead risk assessor training courses for which the commissioner has issued permits under part 4761.2370; or

(2)

the initial lead inspector and lead risk assessor training courses that are authorized by the EPA or by a state or tribal training program authorized by the EPA and a lead risk assessor refresher training course for which the commissioner has issued a permit under part 4761.2370; and

B.

take the lead risk assessor independent examination and have a passing score of 70 percent or better.

Subp. 4.

Expiration; renewal; retraining.

A.

A lead risk assessor license is valid for 12 months after completing the lead risk assessor independent examination or 12 months after the completion date on the training course diploma for the most recently completed refresher training course. Regulated lead work may not be conducted after the license expires.

B.

A lead risk assessor license may be renewed upon completing a lead risk assessor refresher training course for which a permit has been issued under part 4761.2370.

C.

A lead risk assessor refresher training course must be completed within 36 months after the date on the last issued training course diploma. A refresher training course taken more than 36 months after the date on the last issued training course diploma does not qualify the individual for a renewed license.

D.

An individual who fails to take a refresher training course within 36 months after the date on the last issued training course diploma may not renew the license. The individual must successfully complete initial lead inspector and lead risk assessor training courses and pass an independent examination as specified in subpart 3 to qualify for a new license.

Subp. 5.

Application.

A.

To apply for an initial license as a lead risk assessor, an applicant must submit to the commissioner:

(1)

a completed application on a form provided by the commissioner;

(2)

a $100 nonrefundable application fee payable to the Minnesota Department of Health;

(3)

a copy of the applicant's original diploma for the lead risk assessor training course; and

(4)

documentation that the applicant passed an independent examination.

B.

If applying from out of state, an applicant must submit:

(1)

a completed application on a form provided by the commissioner;

(2)

a $100 nonrefundable application fee payable to the Minnesota Department of Health;

(3)

a copy of the applicant's original diploma for the lead risk assessor training course or a copy of the current lead risk assessor license from the state that the applicant is licensed in;

(4)

documentation that the applicant passed an independent examination; and

(5)

a copy of the applicant's original diploma from the Minnesota lead risk assessor refresher training course.

Subp. 6.

Renewal application.

A.

An individual licensed as a lead risk assessor must renew the license annually by submitting to the commissioner:

(1)

a completed application on a form provided by the commissioner;

(2)

a $100 nonrefundable renewal application fee payable to the Minnesota Department of Health; and

(3)

a copy of the training course diploma from the most recent lead risk assessor refresher training course as required under subpart 4.

B.

Until the commissioner issues the renewed license, the lead risk assessor may continue to perform regulated lead work for up to 30 calendar days from the date of completing the lead risk assessor refresher training course, provided the lead risk assessor:

(1)

has submitted the renewal application to the commissioner; and

(2)

has a copy of the diploma that is issued after completing a lead risk assessor refresher training course. The diploma must be on site and available for review where the regulated lead work is being conducted.

Subp. 7.

Denial; conditions.

The commissioner shall deny an application for a lead risk assessor license if the applicant fails to comply with all applicable requirements in this part. The commissioner may also deny an application or set conditions on a license according to Minnesota Statutes, section 144.99, subdivision 8. If a license application is denied, the applicant:

A.

must be notified in writing of the denied license application and the reasons for the denial; and

B.

is not required to pay a second fee if the applicant submits a second application according to subpart 5 or 6 within 30 days of receiving the notice that the application was denied. Fees are required for all subsequent applications.

Subp. 8.

Duplicate license.

To replace a lost, destroyed, or mutilated lead risk assessor license, the licensed lead risk assessor must submit a completed application for a duplicate lead risk assessor license.

Statutory Authority:

MS s 144.9508

History:

29 SR 531

Published Electronically:

November 29, 2004