16 Del. Admin. Code § 4459B-7.0
Current through Register Vol. 28, No. 7, January 1, 2025
Section 4459B-7.0 - Firm Certification7.1 Initial certification.7.1.1 Firms that perform renovations for compensation must apply to the Secretary for certification to perform renovations or dust sampling. To apply, a firm must: 7.1.1.1 Use an application form approved by the Secretary.7.1.1.2 Submit a completed application signed by an authorized agent of the firm attesting that: 7.1.1.2.1 The firm and its employees shall permit the Secretary access to enter premises or facilities where the firm conducts business, including work sites, to execute reasonable inspection, including taking samples, to ensure compliance with regulations;7.1.1.2.2 The firm and its employees shall follow the work practices in Section 4.0; and7.1.1.2.3 The firm shall only employ appropriately certified renovators and Dust Wipe Technicians to conduct renovations for compensation in target housing and child-occupied facilities.7.1.1.3 Submit the correct certification fee amount with the completed application.7.1.2 After receipt of a firm's application, the Secretary will take one of the following actions within 90 days of the date the application is received: 7.1.2.1 Approve the firm's application if it is complete and that the environmental compliance history of the firm, its principals, or its key employees does not show an unwillingness or inability to maintain compliance with environmental statutes or regulations. A signed application is complete if it contains all of the information requested on the form, including the signed attestation, and the correct fee amount is received by the Secretary. Upon approval, the Secretary issues the firm a certificate with an expiration date not more than 5 years from the date the application is approved.7.1.2.2 Not approve the firm's application if the firm did not provide a complete application and the correct certification fee amount, or if the Secretary determines that the environmental compliance history of the firm, its principals, or its key employees demonstrates an unwillingness or inability to maintain compliance with environmental statutes or regulations. The Secretary will send the firm a letter giving the reason for not approving the application and will return the submitted fee. A firm may reapply for certification at any time by filing a new, complete application that includes the correct fee amount.7.2 Re-certification. 7.2.1 To maintain its certification, a firm must be re-certified by the Secretary every 5 years and must submit a timely and complete application. To be re-certified, a firm must: 7.2.1.1 Use an application form approved by the Secretary.7.2.1.2 Submit a completed application signed by an authorized agent of the firm attesting that: 7.2.1.2.1 The firm and its employees shall permit the Secretary access to enter premises or facilities where the firm conducts business, including work sites, to execute reasonable inspection, including taking samples, to ensure compliance with regulations;7.2.1.2.2 The firm and its employees shall follow the work practices in Section 4.0; and7.2.1.2.3 The firm shall only employ appropriately certified renovators and Dust Wipe Technicians to conduct renovations for compensation in target housing and child-occupied facilities.7.2.1.3 Submit the correct certification fee amount with the completed application.7.2.1.4 An application for re-certification is timely if it is postmarked 90 days or more before the date the firm's current certification expires. 7.2.1.4.1 If the firm's application is complete and timely, the firm's current certification will remain in effect until its expiration date or until the Secretary has made a final decision to approve or disapprove the re-certification application, whichever is later.7.2.1.4.2 If the firm submits a complete re-certification application less than 90 days before its current certification expires, and the Secretary does not approve the application before the expiration date, the firm's current certification will expire and the firm will not be able to conduct renovations until the Secretary approves its re-certification application.7.2.1.5 If an application for re-certification is not submitted prior to the expiration of the firm's current certification expires, the firm must not perform renovations or dust sampling until it is certified anew pursuant to subsection 7.1.7.2.2 After receipt of a firm's application for re-certification, the Secretary will review the application and take one of the following actions within 90 days of receipt: 7.2.2.1 Approve the firm's application if the Secretary determines that it is timely and complete and that the environmental compliance history of the firm, its principals, or its key employees does not show an unwillingness or inability to maintain compliance with environmental statutes or regulations. The Secretary will issue the firm a new certificate with an expiration date 5 years from the date that the firm's current certification expires.7.2.2.2 Not approve a firm's re-certification application if it is not received or is not complete and the correct certification fee amount was not submitted as of the date that the firm's current certification expires, or if the Secretary determines that the environmental compliance history of the firm, its principals, or its key employees demonstrates an unwillingness or inability to maintain compliance with environmental statutes or regulations. The Secretary will send the firm a letter and will return the fee. A firm may reapply for certification at any time by filing a new application and paying the correct amount of fees.7.3 Amendment of certification. A firm must amend its certification within 90 days of the date a change occurs to information included in the firm's most recent application. If the firm fails to amend its certification within 90 days of the date the change occurs, the firm may not perform renovations or dust sampling until its certification is amended. 7.3.1 To amend a certification, a firm must submit a complete application for re-certification. A complete application for re-certification:7.3.1.1 Uses the form approved by the Secretary for re-certification, contains all of the information requested on the form and clearly indicates which items have changed;7.3.1.2 Is signed by an authorized agent of the firm attesting that: 7.3.1.2.1 The firm and its employees shall permit the Secretary access to enter premises or facilities where the firm conducts business, including work sites, to execute reasonable inspection, including taking samples, to ensure compliance with regulations;7.3.1.2.2 The firm and its employees shall follow the work practices in Section 4.0.; and7.3.1.2.3 The firm shall only employ appropriately certified renovators and Dust Wipe Technicians to conduct renovations for compensation in target housing and child-occupied facilities.7.3.2 If additional information is needed to process the amendment, the Secretary will return the amendment to the firm with a letter giving the reason for not approving the amendment. The firm's certification is not amended until the firm complies with subsection 7.3.1.7.3.3 Amending a certification does not affect the certification expiration date.7.4 Firm responsibilities. Responsibilities of firms performing renovations include, but are not limited to ensuring that: 7.4.1 All individuals performing renovation activities on behalf of the firm are either certified renovators or have been trained by a certified renovator in accordance with Section 8.0.7.4.2 A certified renovator is assigned to each renovation performed by the firm and discharges all of the certified renovator responsibilities identified in Section 8.0.7.4.3 All renovations performed by the firm are performed in accordance with the work practice standards in Section 4.0.7.4.4 The pre-renovation education requirements of Section 3.0 have been performed.7.4.5 The recordkeeping requirements of Section 5.0 are met.16 Del. Admin. Code § 4459B-7.0
26 DE Reg. 699( 2/1/2023) (final)