06-096-424 Me. Code R. § 4

Current through 2024-44, October 30, 2024
Section 096-424-4 - License Requirements for Contractors and Consulting Firms
A.Application requirements for contractors. In order to obtain a license as a lead abatement contractor or to renew an existing lead abatement contractor license, a business entity must submit a complete application to the Department on a form approved by the Department. The application must demonstrate that the applicant meets all applicable standards and requirements, including Section 2(F), and must include the following:
(1) Evidence that the business entity:
(a) Employs a Maine certified project supervisor; and
(b) Has an up-to-date written worker protection program that conforms with the following OSHA standards: the standard for Respiratory Protection, 29 C.F.R. § 1910.134, as amended up to July 1, 2020 and the standard for Lead in Construction, 29 C.F.R. § 1926.62, as amended up to July 1, 2020.
(2) A list of all lead associated citations and notices of violation received in the United States during the past year. This list must include the name of the issuing agency or department and the final disposition of such citation or notice. If any of the applicant's principals or officers, or persons with a controlling interest in the business have received a lead associated citation or notice while owning or operating another company in the previous year, the application must include a list of those violations, including the name of the issuing agency or department and the final disposition of such citation or notice;
(3) A list of states in which the applicant holds a license, certification, accreditation, or any other approval for lead abatement activity and description of the licensed activity;
(4) A list of the names of the applicant's principals or officers, and any persons with a controlling interest in the business;
(5) A list of all other entities that perform lead abatement activities of which the applicant or its principals or officers, or persons with a controlling interest, is a principal or officer, or person with a controlling interest;
(6) A list of all names and acronyms by which the applicant's firm is known or under which it does or has done business;
(7) A statement certifying that all the information provided in support of the application is true and complete; and
(8) The appropriate license fee as listed in Section 2(H).
B.Personnel requirements
(1) A lead abatement project supervisor must always be present at the work area during abatement activities.
(2) Employees of lead abatement contractors who engage in lead abatement activities must be certified pursuant to Section 5.
C.Work practice and record-keeping requirements. A lead abatement contractor must comply with all the work practice and record-keeping requirements in Section 6.
D.Application requirements for consulting firms. In order to obtain a license as a lead consulting firm or to renew an existing lead consulting firm license, a business entity must submit a complete application to the Department on a form approved by the Department. The application must demonstrate that the applicant meets all applicable standards and requirements, including Section 2(F), and must include the following:
(1) The lead consulting firm must have a lead inspector, lead risk assessor or lead design consultant on staff at all times, as applicable for the type(s) of services for which they are licensed;
(2) A list of all lead associated citations and notices of violation received in the United States during the past year. This list must include the name of the issuing agency or department and the final disposition of such citation or notice. If any of the applicant's principals or officers, or persons with a controlling interest in the business has received a lead associated citation or notice while owning or operating another company in the previous year, the application must include a list of those violations, including the name of the issuing agency or department and the final disposition of such citation or notice;
(3) A list of states in which the applicant holds a license, certification, accreditation, or any other approval for lead consultant activity and description of the licensed activity;
(4) A list of the names of the applicant's principals or officers, and any persons with a controlling interest in the business;
(5) A list of all other entities that perform lead consulting activities of which the applicant or its principals or officers, or persons with a controlling interest, is a principal or officer, or person with a controlling interest;
(6) A list of all names and acronyms by which the applicant's firm is known or under which it does or has done business;
(7) A statement certifying that all the information provided in support of the application is true and complete;
(8) A statement attesting that the firm shall employ only duly lead-certified employees or lead-certified subcontractor personnel to conduct lead-based paint activities, and that the firm and its employees and lead-certified subcontractors will follow the work practice standards in Sections 6 and 7, as applicable of this Chapter; and
(9) The appropriate license fee as listed in Section 2(H).

06-096 C.M.R. ch. 424, § 4