216 R.I. Code R. 216-RICR-50-15-11.4

Current through December 3, 2024

Section 216-RICR-50-15-11.4 - Licensing Requirements for All Lead Professionals

11.4.1Persons Required to be Licensed or Certified

A. Persons who offer or conduct any lead training course for the purpose of licensure or certification as a lead professional in Rhode Island require a certification from the Department, in accordance with § 11.3 of this Part, for each lead training course.

B. The lead professional license requirements of this Part are applicable to those organizations, including sole proprietorships and self-employed individuals, applying to be licensed as a:

1. Lead Renovation Firm; or

2. Lead Contractor.

C. The lead professional license requirements of this Part are applicable to those individuals applying to be licensed as a:

1. Lead Supervisor;

2. Lead Worker;

3. Lead Inspector;

4. Lead Inspector-in-Training; or

5. Lead Assessor.

11.4.2General Requirements

A. No person shall perform or offer to perform any lead professional services unless that person is specifically trained, certified, licensed, and/or approved by the Department to do so.

B. No person shall employ another person to perform any lead professional services unless that person is specifically trained, certified, licensed, and/or approved by the Department to do so.

C. Any person licensed by the Department to perform lead professional services shall include their applicable license number in all offers and/or advertisements to perform those services.

11.4.3 Lead Professional Licenses

A. Pursuant to the provisions of the Act and the Department's delegation of authority from EPA, the Department shall issue a license or certification to an applicant who the Department determines meets the requirements of this Part.

B. The Department may, at any time after the filing of an application, require further information in order to determine whether the applicant meets the requirements of this Part.

C. The Department may deny an application for licensure pursuant to this Part if the Department determines that the applicant has not complied with or has not demonstrated the ability to comply fully with all applicable requirements established by the Act and/or this Part. If the applicant appeals the denial, a hearing will be scheduled in accordance with the provisions of § 3.6.11 of this Subchapter.

D. Upon request by the Department, applicants shall provide the Department with proof of identity prior to issuance of the initial license. Acceptable proof of identity includes a current State driver's license, valid State photo identification card, or current passport.

E. An initial Lead Contractor, Lead Supervisor, Lead Worker, Lead Inspector, Lead Inspector-in-Training, or Lead Assessor license issued by the Department will expire on the last day of the month at the end of the two (2) year license term after the date of issuance, unless sooner surrendered, suspended, or revoked.

F. A Lead Contractor, Lead Supervisor, Lead Worker, Lead Inspector, Lead Inspector-in-Training, or Lead Assessor license renewed by the Department will expire on the anniversary date of the initial license expiration at the end of the two (2) year license term, unless sooner surrendered, suspended, or revoked.

G. An initial Lead Renovation Firm license issued by the Department will expire on the last day of the month at the end of the five (5) year license term after the date of issuance, unless sooner surrendered, suspended, or revoked.

H. A Lead Renovation Firm license renewed by the Department will expire on the anniversary date of the initial license expiration at the end of the five (5) year license term, unless sooner surrendered, suspended, or revoked.

I. A Lead Renovator certification from an in-person training course will expire five (5) years after the end date of the lead training course, unless sooner surrendered or decertified. A Lead Renovator certification from an online training course will expire three (3) years after the end date of the lead training course, unless sooner surrendered or decertified.

1. Lead Renovators who utilize online review training must alternate with in person hands on training. Lead Renovators can only take the online certification training every other time they are trained.

J. The Department may restrict, limit, suspend, or revoke a Department-issued lead professional license or certification for failure to comply with the requirements of this Part. A person whose license or certification is restricted, limited, suspended, or revoked may request a hearing in accordance with the administrative procedures contained in § 3.6.11 of this Subchapter.

11.4.4Lead Training Courses Applicants shall complete an appropriate lead training course prior to submission of an application for a lead professional license.

11.4.5Department License Examinations

A. Applicants for a Lead Contractor, Lead Supervisor, or Lead Inspector/Lead Inspector-in-Training license shall pass a license-specific Department examination prior to submission of an initial license application.

B. Applicants for a Department examination, including repeating a failed examination, shall register for the examination with the Department, or its third (3^rd) party vendor, and provide the following on or before taking any examination:

1. Proof of identity in the form of a current State driver's license, valid State photo identification card, or current passport; and

2. Documentation of any prerequisites, including successful completion of the required lead training course.

11.4.6Fees All fees for applications and examinations are established in the Rules and Regulations Pertaining to the Fee Structure for Licensing, Laboratory and Administrative Services provided by the Department of Health (Part 10-05-2 of this Title). All fees are non-refundable.

11.4.7Penalties Any person who owes an administrative fine or penalty imposed by a final order of the Department shall submit payment of the fine or penalty in full as a condition of licensure.

11.4.8Initial License for Lead Professional Applicants for an initial lead professional license shall submit all information specified on the Department's initial license application form and accompanying instructions.

11.4.9License Renewal

A. Applicants for a lead professional license renewal shall submit all information specified on the Department's renewal application form and accompanying instructions.

B. The renewal application must be submitted for review and approval by the Department at least thirty (30) days prior to the expiration of the current license.

C. A renewal application received after the license expiration date but less than twelve (12) months beyond its expiration date requires an additional late fee.

D. A lead professional license more than twelve (12) months beyond the expiration date is not eligible for renewal but may be reinstated. Reinstatements must be done in a manner approved by the Department.

11.4.10License Replacement

A. Applicants for replacement of a lost or damaged lead professional license shall submit all requirements specified on the Department's license profile change form, available on the Department's website.

B. Replacement fees are established in the Rules and Regulations pertaining to the Fee Structure for Licensing, Laboratory and Administrative Services provided by the Department of Health (Part 10-05-2 of this Title). All fees are non-refundable.

11.4.11Notification of Changes

A. A lead professional licensee, whose name (e.g. maiden to married), address, or contact information changes during the license term, shall notify the Department in writing within thirty (30) days of the change(s).

B. A lead professional licensee shall submit an amended license application, for review and approval by the Department, before making any other change(s) that would render the information contained in a previous application no longer accurate.

C. There is no fee for notification of the changes or amendments required in §§ 11.4.11(A) or (B) of this Part.

D. Any lead professional licensee, whose ownership, business organization (e.g. sole proprietorship to corporation), social security number (SSN), or Federal employer identification number (FEIN) changes, is considered to be a new legal entity who shall surrender their current license and submit an appropriate initial license application to the Department with the application fee established in the Rules and Regulations Pertaining to the Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health (Part 10-05-2 of this Title).

216 R.I. Code R. 216-RICR-50-15-11.4

Adopted effective 1/2/2022