TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

VIRGINIA BOARD FOR ASBESTOS, LEAD, AND HOME INSPECTORS

Proposed Regulation

Title of Regulation: 18VAC15-30. Virginia Lead-Based Paint Activities Regulations (amending 18VAC15-30-10, 18VAC15-30-20, 18VAC15-30-51 through 18VAC15-30-54, 18VAC15-30-161 through 18VAC15-30-332, 18VAC15-30-340 through 18VAC15-30-370, 18VAC15-30-390 through 18VAC15-30-430, 18VAC15-30-450 through 18VAC15-30-760, 18VAC15-30-800, 18VAC15-30-810; adding 18VAC15-30-25, 18VAC15-30-435, 18VAC15-30-437, 18VAC15-30-795, 18VAC15-30-815; repealing 18VAC15-30-41, 18VAC15-30-334, 18VAC15-30-380, 18VAC15-30-440, 18VAC15-30-770, 18VAC15-30-780, 18VAC15-30-790, 18VAC15-30-820).

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.

Public Hearing Information:

July 15, 2025 - 3 p.m. - 9960 Mayland Drive, Second Floor, Board Room Four, Richmond, VA 23233.

Public Comment Deadline: August 15, 2025.

Agency Contact: Cameron Parris, Regulatory Operations Administrator, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-9183, FAX (866) 350-5354, or email cameron.parris@dpor.virginia.gov.

Basis: Section 54.1-201 of the Code of Virginia authorizes the Virginia Board for Asbestos, Lead, and Home Inspectors to promulgate regulations necessary to ensure continued competency and prevent deceptive or misleading practices by practitioners and to effectively administer the regulatory system. Section 54.1-501 of the Code of Virginia allows the board to promulgate regulations for the licensing of home inspectors regarding (i) professional qualifications of home inspector applicants, (ii) requirements necessary for passing home inspector examinations, (iii) proper conduct of examinations, (iv) proper conduct of the home inspectors licensed by the board, and (v) proper discharge of the board's duties.

Purpose: The board is responsible for regulating those who engage in lead abatement work, prepare abatement project designs, supervise lead abatement projects, conduct lead inspections, and perform lead risk assessments in target housing and child-occupied facilities and regulating firms that perform lead abatement in target housing and child-occupied facilities as well as the accreditation of lead-based paint activities training programs. The board protects the public welfare, in part, by establishing through regulation (i) the minimum qualifications of applicants for certification or licensure, provided that all qualifications are necessary to ensure either competence or integrity to engage in the profession or occupation; (ii) minimum standards to ensure continued competency and to prevent deceptive or misleading practices by practitioners; and (iii) requirements to effectively administer the regulatory system administered by the board.

Substance: The proposed amendments (i) reduce the stringency of conflict-of-interest provisions; (ii) allow the board to deny an application if the applicant has a controlling financial interest by an individual or firm whose license has previously been revoked or not renewed; (iii) prohibit a lead contractor from performing lead abatement if the lead inspection or project design is to be performed by individuals who have a financial interest in the lead contractor, unless the contractor provides the building owner with a board-issued disclosure sheet; (iv) require that persons licensed to perform post-abatement clearance procedures have no financial interest in the licensed lead abatement contractor; (v) allow initial applicants for lead inspector licensure to qualify by demonstrating successful completion of board-approved lead inspector refresher training and evidence that the applicant has taken and maintained current risk assessor training; (vi) allow applicants seeking to apply based degree completion to submit a transcript from the institution instead of an education verification form issued by the board; (vii) reduce the look-back period for reportable misdemeanor offenses to three years, unless the conviction is related to environmental remediation; (viii) remove specific requirements based on business type; (ix) require that a change in ownership of a training program be reported to the board and that training providers allow Department of Professional and Occupational Regulation (DPOR) representatives to attend, evaluate, and monitor any accredited training program; and (x) specify timeframes for licensees to respond to the board with required documentation if they are notified of a complaint filed against them.

Issues: The primary advantages to the public and the regulated community are that the amendments will (i) provide needed updating and clarification by reorganizing the regulation; (ii) reduce regulatory burdens while still protecting the public health, safety, and welfare; (iii) remove requirements in the regulation that are not necessary to protect the public welfare; and (iv) ensure the regulation is consistent with federal requirements. There are no identifiable disadvantages to the public. It is not anticipated that the regulatory change will create any substantial disadvantages to the regulated community. The primary advantage of the action to the Commonwealth is that the amendments will allow the agency to administer the licensure program more efficiently and in compliance with federal requirements.

Department of Planning and Budget Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. As a result of a general review and in response to Executive Order 19 (2022) and Executive Directive 1 (2022), the Virginia Board for Asbestos, Lead, and Home Inspectors (board) proposes reduce requirements for individuals and businesses who are engaged in lead-based paint activities and for the accreditation of training programs that teach lead-based paint activities.

Background. Executive Directive 1 (2022) directs executive branch entities under the authority of the Governor to initiate regulatory processes to reduce by at least 25% the number of regulations not mandated by federal or state statute, in consultation with the Office of the Attorney General, and in a manner consistent with the laws of the Commonwealth.² Accordingly, the board seeks to (i) make revisions to ensure the regulation complements current Virginia law and meets applicable federal requirements; (ii) make the regulation more organized, clear, and understandable; (iii) ensure the regulation provides minimal burdens on regulants while still protecting the public; and (iv) reduce regulatory requirements. The most substantive changes are summarized.

18VAC15-30-20 reduces the stringency of conflict-of-interest provisions in two sections of the regulation by amending the definition of financial interest to increase the value from exceeding $1,000 to exceeding $2,000. Specifically, the definition of financial interest would be amended such that a financial interest would exist by reason of (ii) annual gross income that exceeds, or may be reasonably anticipated to exceed $2000 from ownership in real or personal property or a business; (iii) salary, or other compensation, to exceed $2000 annually; or (iv) ownership of real or personal property if the interest exceeds $2000 in value. The $1,000 thresholds were set in October 2003, and this change would affect the following conflict of interest provisions:

18VAC15-30-53 allows the board to deny an application if the applicant has a controlling financial interest by an individual or firm whose license has previously been revoked or not renewed.

18VAC15-30-510 prohibits a lead contractor from performing lead abatement if the lead inspection or project design is to be performed by individuals who have a financial interest in the lead contractor, unless the contractor provides the building owner with a board-issued disclosure sheet.

18VAC15-30-510 also requires that persons licensed to perform post-abatement clearance procedures have no financial interest in the licensed lead abatement contractor.

18VAC15-30-52 would be amended to add requirements found in a board guidance document (Training Variance to Qualify for Lead Inspector Licenses) that allows initial applicants for lead inspector licensure to qualify by demonstrating successful completion of board-approved lead inspector refresher training and evidence that the applicant has taken and maintained current risk assessor training.³ This provision allows for consistency with licensure requirements in bordering states and adds flexibility by not requiring that out-of-state applicants re-take the initial lead inspection course. Further, applicants seeking to apply based on having completed a degree would now be able to submit a transcript from the institution instead of an education verification form issued by the board that has to be completed by the school. These changes would reduce burdens relating to application requirements.

18VAC15-30-52 and 18VAC15-30-53 would both be amended to replace the requirement for individuals and businesses to disclose all misdemeanor convictions, except marijuana misdemeanors, with a requirement to disclose only those that occurred within three years of the date of application, unless the conviction is related to environmental remediation. Applicants would continue to be required to disclose all misdemeanor convictions related to environmental remediation activity, regardless of when they occurred.

18VAC15-30-53 would also be amended to remove specific requirements based on their business type, and the contractor license applicant would no longer be required to certify that the company is in compliance with all other occupational and professional licenses and standards as required by Virginia statute and local ordinance. These requirements were considered overly burdensome and unnecessary.

18VAC15-30-332 would require that a change in ownership of a training program be reported to the Board. This would replace a current requirement in 18VAC15-30-334 that a training provider that has a change in ownership must apply for a new training program approval.

18VAC15-30-435 would require training providers to allow Department of Professional and Occupational Regulation (DPOR) representatives to attend, evaluate, and monitor any accredited training program. These provisions are similar to provisions in board current and proposed asbestos regulations and are not expected to create new costs unless the training programs are found lacking.

18VAC15-30-795 would be newly added to specify timeframes for licensees to respond to the board with required documentation if they are notified of a complaint filed against them.

The board also proposes to remove a number of broad requirements pertaining to good standing and compliance with federal and state law and other regulations.

Estimated Benefits and Costs. The proposed amendments would reduce the stringency of certain conflict-of-interest provisions, reduce the lookback period for reporting certain misdemeanor convictions that are unrelated to environmental remediation activity, increase flexibility for out-of-state applicants for licensure, and reduce other application requirements for individuals and firms. These changes would benefit both applicants and incumbents in the profession. Individuals served by lead contractors may be made worse off by weakening the conflict-of-interest provision, however the adjusted amount more closely reflects the impact of inflation ($1,000 in October 2003 amounts to $1,734 in April 2025 when adjusted for inflation, per the U.S. Bureau of Labor Statistics inflation calculator). Thus, the impact of doubling the thresholds largely reflects inflation and would not necessarily double the number of conflicts that would now be considered permissible.

Businesses and Other Entities Affected. DPOR reports that as of February 1, 2025, there are four interim lead supervisors, seven interim lead inspectors, two interim lead risk assessors, 321 lead workers, 130 lead supervisors, 79 lead inspectors, 156 lead risk assessors, and 24 lead project designers; these are all individual licensees. Further, there are 59 lead contractors and at least 19 accredited training program providers; these are firms. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.⁴ An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.⁵ Since the proposed changes mainly serve to increase flexibility and remove unnecessary requirements, an adverse impact is not indicated.

Small Businesses⁶ Affected.⁷ DPOR reports that many of the firms that hold a lead contractor license or those that are accredited as a training provider are likely to be small businesses, and most licensed individuals either own or work for a small business. The proposed amendments do not appear to adversely affect small businesses.

Localities⁸ Affected.⁹ The proposed amendments do not disproportionately affect particular localities or affect costs for local governments.

Projected Impact on Employment. The proposed amendments do not affect total employment.

Effects on the Use and Value of Private Property. The proposed amendments may modestly increase the value of lead contractor firms to the extent that they reduce certain costs and increase regulatory flexibility. The proposed amendments do not affect real estate development costs.

_____________________________

¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² See https://www.governor.virginia.gov/media/governorvirginiagov/governor-of-virginia/pdf/ed/ED-1-Regulatory-Reduction.pdf.

³ See https://townhall.virginia.gov/L/GetFile.cfm?File=C:/TownHall/docroot/GuidanceDocs/222/GDoc_DPOR_5834_v1.pdf.

⁴ Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

⁵ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁶ Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁷ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁸ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

⁹ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The Virginia Board for Asbestos, Lead, and Home Inspectors concurs with the Department of Planning and Budget's economic impact analysis.

Summary:

As a result of a general review and in response to Executive Order 19 (2022) and Executive Directive One (2022), the proposed amendments reduce, reorganize, and clarify requirements for individuals and businesses who are engaged in lead-based paint activities and for the accreditation of training programs that teach lead-based paint activities.

Chapter 30

Virginia Lead-Based Paint Activities Regulations

18VAC15-30-10. Scope.

This chapter contains procedures and requirements for the accreditation of lead-based paint activities training programs and providers, procedures and requirements for the licensure of individuals and firms engaged in lead-based paint activities in target housing and child-occupied facilities, and standards for performing such activities. This chapter is applicable to all individuals and firms who are engaged in lead-based paint activities as defined in 18VAC15-30-20, except persons who perform these activities within residences which they own, unless the residence is occupied by a person or persons other than the owner or the owner's immediate family while these activities are being conducted or a child residing in the building has been identified as having an elevated blood-lead level indicated in § 54.1-512 E of the Code of Virginia.

18VAC15-30-20. Definitions.

A. Section 54.1-500 of the Code of Virginia provides definitions of the following terms and phrases as used in this chapter:

"Accredited lead training program"

"Board"

"Lead-based paint"

"Lead-contaminated dust"

"Lead contractor"

"Lead project design"

"Lead risk assessment"

"Person"

B. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Abatement" or "abatement project" means any measure or set of measures designed to permanently eliminate lead-based paint hazards.

1. "Abatement" includes, but is not limited to:

a. The removal of lead-based paint, and lead-contaminated dust, the permanent enclosure or encapsulation of lead-based paint, the replacement of painted surfaces or fixtures, or the removal or permanent covering of lead-contaminated soil, when lead-based paint hazards are present in such paint, dust, or soil; and

b. All preparation, cleanup, disposal, and post-abatement clearance testing activities associated with such measures. 2. Specifically, "abatement" includes, but is not limited to: a.;

c. Lead-based paint activities for which there is a written contract or other documentation that provides that an individual or firm will be conducting activities in or to a residential dwelling or child-occupied facility that:

(1) Shall Will result in the permanent elimination of lead-based paint hazards; or

(2) Are designed to permanently eliminate lead-based paint hazards and are described in subdivision 1 of this definition;

b. Lead-based paint activities resulting in the permanent elimination of lead-based paint hazards, conducted by firms or individuals licensed in accordance with this chapter, unless such projects are covered by subdivision 3 of this definition;

c. d. Lead-based paint activities resulting in the permanent elimination of lead-based paint hazards, unless such projects are covered by subdivision 3 2 of this definition; or d. and

e. Lead-based paint activities resulting in the permanent elimination of lead-based paint hazards that are conducted in response to state or local abatement orders.

3. 2. Abatement does not include renovation, remodeling, landscaping, or other activities when such activities are not designed to permanently eliminate lead-based paint hazards, but instead are designed to repair, restore, or remodel a given structure or dwelling, even though these activities may incidentally result in a reduction or elimination of lead-based paint hazards. Abatement does not include interim controls, operations and maintenance activities, or other measures and activities designed to temporarily, but not permanently, reduce lead-based paint hazards. Furthermore, federally assisted housing and community development programs conducted in compliance with the U.S. Department of Housing and Urban Development Lead-Safe Final Rule 24 CFR Part 35 shall be considered to meet the requirements of this chapter.

"Accredited lead training program" means a training program that has been approved by the board to provide training for individuals engaged in lead-based paint activities.

"Accredited lead training provider" means a firm, individual, state or local government, or nonprofit training program that has met the requirements of this chapter and has been approved by the board to offer an accredited lead training program.

"Applicant" means any a person defined in this chapter who has applied for but has not been granted an interim license, a license or approval as an accredited lead training program, approval as an accredited lead training provider or approval as a training manager or principal instructor by submits an application to the board.

"Board" means the Virginia Board for Asbestos, Lead, and Home Inspectors.

"Application" means a completed board-prescribed form submitted with the appropriate fee and other required documentation.

"Child-occupied facility" means a building, or portion of a building, constructed prior to 1978, that is visited regularly by the same child, six years of age or under, younger on at least two different days, within any week (Sunday through Saturday period), provided that each day's visit lasts at least three hours and, the combined weekly visit lasts six hours, and the combined annual visits last at least 60 hours. Child-occupied facilities may include, but are not limited to, day-care day care centers, preschools, and kindergarten classrooms.

"Clearance levels" means values that indicate the maximum amount of lead permitted in dust on a surface following completion of an abatement activity as identified by EPA, pursuant to 15 USC § 2683.

"Common area" means a portion of a building generally accessible to all occupants, including, but not limited to, hallways, stairways, laundry and recreational rooms, playgrounds, community centers, garages, and boundary fences.

"Component or building component" means specific design or structural elements or fixtures of a building or residential dwelling or child-occupied facility which that are distinguished from each other by form, function, and location. These include, but are not limited to, interior components such as ceilings, crown molding, walls, chair rails, doors, door trim, floors, fireplaces, radiators and other heating units, shelves, shelf supports, stair treads, stair risers, stair stringers, newel posts, railing caps, balustrades, windows and trim (including sashes, window heads, jambs, sills, stools, and troughs), built-in cabinets, columns, beams, bathroom vanities, counter tops, and air conditioners, and exterior components such as painted roofing, chimneys, flashing, gutters and downspouts, ceilings, soffits, facias, rake boards, corner boards, bulkheads, doors and door trim, fences, floors, joists, lattice work, railings and railing caps, siding, handrails, stair risers and treads, stair stringers, columns, balustrades, window sills or stools and troughs, casings, sashes, wells, stools and troughs air conditioners.

"Containment" means a process to protect workers and the environment by controlling exposures to the lead-contaminated dust and debris created during an abatement.

"Course agenda" means an outline of the key topics to be covered during a training course, including the time allotted to teach each topic.

"Course test" means an evaluation of the overall effectiveness of the training which shall that will test the trainees' trainee's knowledge and retention of the topics covered during the course.

"Course test blue print" means written documentation identifying the proportion of course test questions devoted to each major topic in the course curriculum.

"Department" means the Department of Professional and Occupational Regulation or any successor agency.

"Deteriorated paint" means paint that is cracking, flaking, chipping, peeling, or otherwise separating from the substrate building component.

"Discipline" means one of the specific types or categories of lead-based paint activities established in this chapter for which individuals must receive training from accredited lead training providers, as defined in this chapter, and become licensed by the board. For example, "lead abatement worker " is a discipline.

"Distinct painting history" means application history, as indicated by its visual appearance or a record of application, over time, of paint or other surface coatings to a component or room.

"Documented methodologies" means methods or protocols used to sample for the presence of lead in paint, dust, and soil.

"Elevated blood-lead level (EBL)" means an excessive absorption of lead that is a confirmed concentration of lead in whole blood of 20 ^(508)“g/dl (micrograms of lead per deciliter of whole blood) for a single venous test or of 15-19 ^(508)“g/dl in two consecutive tests taken three to four months apart.

"Encapsulant" means a substance that forms a barrier between lead-based paint and the environment using a liquid-applied coating (with or without reinforcement materials) or an adhesively bonded covering material.

"Encapsulation" means the application of an encapsulant.

"Enclosure" means the use of rigid, durable construction materials that are mechanically fastened to the substrate in order to act as a barrier between lead-based paint and the environment.

"Environmental remediation activity" means any activity planned or carried out for the purpose of reducing or eliminating any environmental hazard, including activities necessary to train individuals in the proper or lawful conduct of such activities, which are regulated by federal or state law or regulation.

"EPA" means the United States U.S. Environmental Protection Agency.

"Financial interest" means financial benefit accruing to an individual or to a member of his the individual's immediate family. Such interest shall exist exists by reason of (i) ownership in a business if the ownership exceeds 3.0% of the total equity of the business; (ii) annual gross income that exceeds, or may be reasonably anticipated to exceed $1,000 $2,000 from ownership in real or personal property or a business; (iii) salary, other compensation, fringe benefits, or benefits from the use of property, or a combination thereof, paid or provided by a business that exceeds or may reasonably be expected to exceed $1,000 $2,000 annually; or (iv) ownership of real or personal property if the interest exceeds $1,000 $2,000 in value.

"Firm" means any company, partnership, corporation, sole proprietorship, association, or any other form of business entity organization recognized under the laws of the Commonwealth of Virginia.

"Guest instructor" means an individual designated by the training program manager or principal instructor to provide instruction specific to the lecture, hands-on activities, or work practice components of a course.

"Hands-on skills assessment" means an evaluation that tests the trainees' trainee's ability to satisfactorily perform the work practices and procedures identified in this chapter, as well as any other skills taught in a training course.

"Hazardous waste" means any waste as defined in 40 CFR 261.3.

"HUD" means the United States U.S. Department of Housing and Urban Development.

"Individual" means a single human being, not a firm or other group or organization.

"Initial course" means the course of instruction established by this chapter to prepare an individual for licensure in a single discipline.

"Inspection" means a surface-by-surface investigation to determine the presence of lead-based paint and the provision of a report explaining the results of the investigation.

"Interim controls" means a set of measures designed to temporarily reduce human exposure or likely exposure to lead-based paint hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards, and the establishment and operation of management and resident education programs.

"Interim license" means the status of an individual who has successfully completed the appropriate training program in a discipline from an accredited lead training provider, as defined by this chapter, and has applied to the board, but has not yet received a formal license in that discipline from the board. Each interim license expires six months after the completion of the training program, and is equivalent to a license for the six-month period.

"Lead-based paint" means paint or other surface coatings that contain lead equal to or in excess of 1.0 milligrams per square centimeter or more than 0.5 percent by weight.

"Lead-based paint activities" means risk assessment, inspection, project design, and abatement as defined in this chapter that affects or relates to target housing and child-occupied facilities.

"Lead-based paint hazard" means any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, or lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as identified by EPA, pursuant to 15 USC § 2683.

"Lead-contaminated dust" means surface dust that contains an area or mass concentration of lead at or in excess of levels identified by the EPA pursuant to § 403 of the Toxic Substances Control Act (15 USC § 2683).

"Lead-hazard screen" means a limited risk assessment activity that involves limited paint and dust sampling as defined in this chapter.

"Licensed lead abatement contractor" or "lead contractor" means a firm that has met the requirements of this chapter, and has been issued a license by the board to perform lead abatements.

"Licensed lead abatement supervisor" or "lead supervisor" means an individual who has met the requirements of this chapter, and has been licensed by the board to supervise and conduct abatements, and to prepare occupant protection plans and abatement reports.

"Licensed lead abatement worker" or "lead worker" means an individual who has met the requirements of this chapter and has been licensed by the board to perform abatements under the supervision of a licensed lead supervisor.

"Licensed lead inspector" or "lead inspector" means an individual who has met the requirements of this chapter, and has been licensed by the board to conduct lead inspections. A licensed inspector may also sample for the presence of lead in dust and soil for the purposes of abatement clearance testing.

"Licensed lead project designer" or "lead project designer" means an individual who has met the requirements of this chapter, and has been licensed by the board to prepare abatement project designs, occupant protection plans, and abatement reports.

"Licensed lead risk assessor" or "lead risk assessor" means an individual who has met the requirements of this chapter, and has been licensed by the board to conduct lead inspections and risk assessments. A licensed risk assessor may also sample for the presence of lead in dust and soil for the purposes of abatement clearance testing.

"Licensee" means any person, as defined by § 54.1-500 of the Code of Virginia, who has been issued and holds a currently valid license as a lead abatement worker, lead abatement supervisor, lead inspector, lead risk assessor, lead project designer, or lead abatement contractor under this chapter.

"Living area" means any area of a residential dwelling used by one or more children age six years of age and under younger, including, but not limited to, living rooms, kitchen areas, dens, play rooms, and children's bedrooms.

"Multi-family dwelling" means target housing that contains more than one separate residential dwelling unit, in which one or more units is used or occupied, or intended to be used or occupied, in whole or in part, as the home or residence of one or more persons.

"OSHA" means the United States Department of Labor, U.S. Occupational Safety and Health Administration.

"Paint in poor condition" means more than ten 10 square feet of deteriorated paint on exterior components with large surface areas; or more than two square feet of deteriorated paint on interior components with large surface areas (e.g., walls, ceilings, floors, doors); or more than ten percent 10% of the total surface area of the component is deteriorated on the interior or exterior components with small surface area (e.g., window sills, baseboards, soffits, trim).

"Permanently covered soil" means soil that has been separated from human contact by the placement of a barrier consisting of solid, relatively impermeable material, such as pavement or concrete. Grass, mulch, and other landscaping materials are not considered permanent covering.

"Person" means any natural or judicial person including any individual, corporation, partnership, or association; any Indian tribe, state or political subdivision thereof; any interstate body; and any department, agency, or instrumentality of the federal government.

"Principal instructor" means the individual who has the primary responsibility for organizing and teaching a particular course.

"Project design" means any descriptive form written as instructions or drafted as a plan describing the construction or set-up of a lead abatement project area and work practices to be utilized during the lead abatement project.

"Recognized laboratory" means any environmental laboratory recognized by the EPA as being capable of performing an analysis for lead compounds in paint, soil, and dust.

"Reduction" means measures designed to reduce or eliminate human exposure to lead-based paint hazards through methods including interim controls and abatement.

"Refresher course" or "refresher training program" means the course of accredited instruction established by this chapter which must be periodically completed as set out in this chapter to maintain an individual's license in a single discipline.

"Residential dwelling" means (i) target housing that is a detached single-family dwelling, including attached structures such as porches and stoops, or (ii) target housing that is a single-family dwelling unit in a structure that contains more than one separate residential dwelling unit, which is used or occupied, or intended to be used or occupied, in whole or in part, as the home or residence of one or more individuals.

"Risk assessment" means (i) an on-site investigation to determine the existence, nature, severity and location of lead-based paint hazards, and (ii) the provision of a report by the individual or the firm conducting the risk assessment, explaining the results of the investigation and options for reducing lead-based hazards.

"Target housing" means any housing constructed prior to 1978, except for housing for the elderly, or persons with disabilities (unless any one or more children age six years of age or under resides younger reside or is expected to reside in such housing for the elderly or persons with disabilities) or any zero-bedroom dwelling.

"Training curriculum" means an established set of course topics for instruction in an accredited lead training program for a particular discipline designed to provide specialized knowledge and skills.

"Training hour" means at least 50 minutes of actual instruction, including, but not limited to, time devoted to lecture, learning activities, small group activities, demonstrations, evaluations, and/or and hands-on experience.

"Training manager" means the individual responsible for administering a training program and monitoring the performance of the instructors.

"TSCA" means the federal Toxic Substances Control Act, 15 USC § 2601 et seq.

"Visual inspection for clearance testing" means the visual examination of a residential dwelling or a child-occupied facility following an abatement to determine whether the abatement has been successfully completed.

"Visual inspection for risk assessment" means the visual examination of a residential dwelling or a child-occupied facility to determine the existence of deteriorated lead-based paint or other potential sources of lead-based paint hazards.

"XRF" means x-ray fluorescence.

18VAC15-30-25. Applicability.

A. A licensed lead abatement supervisor may perform the duties of a licensed lead abatement worker.

B. Federally assisted housing and community development programs conducted in compliance with the U.S. Department of Housing and Urban Development Lead-Safe Final Rule 24 CFR Part 35 will be considered to meet the requirements of this chapter.

18VAC15-30-41. Waiver of the requirements of this chapter. (Repealed.)

Except as required by law, the board may, in its reasonable discretion, waive any of the requirements of this chapter when in its judgment it finds that the waiver in no way lessens the protection provided by this chapter and Title 54.1 of the Code of Virginia to the public health, safety and welfare. The burden of proof that demonstrates continued public protection rests with the party requesting the waiver. Documents referenced are in effect as they existed as of the date the act or action has occurred.

18VAC15-30-51. Application procedures.

A. All applicants seeking licensure, interim licensure or accredited lead training program approval shall must submit an application with the appropriate fee specified in 18VAC15-30-162. Application shall must be made on forms provided by the department board or the board's agent.

1. By signing the application or submitting it electronically the application to the department, the applicant certifies that he the applicant has read and understands the board's statutes and the board's regulations.

2. The receipt of an application and the deposit of fees by the board does not indicate approval by the board.

B. The board may make further inquiries and investigations with respect to the applicant's qualifications to confirm or amplify information supplied.

Applicants C. The applicant will be notified if their the application is incomplete. Applicants A person who fail fails to complete the process within 12 months after the date the department receives the application shall must submit a new application and fee.

D. The applicant must immediately report all changes in information supplied with the application, if applicable, prior to issuance of the license or expiration of the application.

18VAC15-30-52. Qualifications General requirements for licensure-: individuals.

A. General. Applicants shall meet all applicable entry requirements at the time application is made Each applicant for individual licensure must meet the requirements provided in this section.

B. Name. The applicant shall must disclose the applicant's full legal name.

C. Age. The applicant shall must be at least 18 years old of age.

D. Address. The applicant shall must disclose a physical the applicant's mailing address. A post office box is only acceptable as a mailing address when a physical address is also provided.

E. Training. The applicant shall provide documentation of having satisfactorily completed the board-approved initial training program and all subsequent board-approved refresher training programs as specified in subsection F of this section. Board-approved initial training programs shall be valid for 36 months after the last day of the month wherein completed. Board-approved refresher training programs shall be satisfactorily completed no later than 36 months after the last day of the month wherein the board-approved initial training program was completed and once each 36 months thereafter.

F. Specific entry requirements.

1. Worker. Each applicant for a lead abatement worker license shall provide evidence of successful completion of board-approved lead abatement worker training in accordance with subsection E of this section.

2. Project designer.

a. Each applicant for a lead project designer license shall provide evidence of successful completion of board-approved lead project designer training and board-approved lead abatement supervisor training in accordance with subsection E of this section.

b. Each applicant for a lead project designer license shall also provide evidence of successful completion of one of the following:

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

(2) Four years of experience in building construction and design or a related field.

3. Supervisor.

a. Each applicant for a lead abatement supervisor license shall provide evidence of:

(1) Successful completion of board-approved lead abatement supervisor training in accordance with subsection E of this section; and

(2) One year of experience as a licensed lead abatement worker or two years of experience in a related field (e.g., lead, asbestos, or environmental remediation) or in the building trades.

b. Each applicant shall pass a board-approved licensing examination for supervisors within 36 months after completion of the board-approved lead abatement supervisor initial training course or the board-approved lead supervisor refresher course. Applicants who fail the examination three times must provide to the board evidence, after the date of their third examination failure, of having retaken and satisfactorily completed the initial training requirements and make new application to the board. The applicant is then eligible to sit for the examination an additional three times.

c. A licensed lead abatement supervisor may perform the duties of a licensed lead abatement worker.

4. Inspector.

a. Each applicant for a lead inspector license shall provide evidence of successful completion of board-approved lead inspector training in accordance with subsection E of this section.

b. Each applicant shall pass a board-approved licensing examination for lead inspector within 36 months after completion of the board-approved lead inspector initial training course or the board-approved lead inspector refresher course. Applicants who fail the examination three times must provide to the board evidence, after the date of their third examination failure, of having retaken and satisfactorily completed the initial training requirements and make new application to the board. The applicant is then eligible to sit for the examination an additional three times.

5. Risk assessor.

a. Each applicant for a lead risk assessor license shall provide evidence of successful completion of board-approved lead risk assessor training and successful completion of board-approved lead inspector training in accordance with subsection E of this section.

b. Each applicant for a lead risk assessor license shall also provide evidence of successful completion of one of the following:

(1) Certification or licensure as an industrial hygienist, a professional engineer, or a registered architect or licensure in a related engineering/health/environmental field;

(2) A bachelor's degree and one year of experience in a related field (e.g., lead, asbestos, environmental remediation work, or construction);

(3) An associate's degree and two years of experience in a related field (e.g., lead, asbestos, environmental remediation work, or construction); or

(4) A high school diploma or its equivalent, and at least three years of experience in a related field (e.g., lead, asbestos, environmental remediation work, or construction).

c. Each applicant shall pass a board-approved licensure examination for risk assessor within 36 months after completion of the board-approved lead risk assessor initial training course or the board-approved lead risk assessor refresher course. Applicants who fail the examination three times must provide to the board evidence, after the date of their third examination failure, of having retaken and satisfactorily completed the initial training requirements and make new application to the board. The applicant is then eligible to sit for the examination an additional three times.

G. Training verification. Training requirements shall be verified by submittal to the board of the training certificate issued by the accredited lead training provider for that course.

H. Education verification. Education requirements shall be verified by submittal to the board on the Education Verification Form sent directly from the school.

I. Experience verification. Experience requirements shall be verified by resumes, letters of reference, or documentation of work experience.

J. Conviction or guilt. The E. In accordance with § 54.1-204 of the Code of Virginia, each applicant shall must disclose the following information:

1. A conviction in any jurisdiction of any All felony convictions.

2. A conviction in any jurisdiction of any All misdemeanor except marijuana convictions related to environmental remediation activity.

3. Any disciplinary action taken in another jurisdiction in connection with the applicant's environmental remediation practice including monetary penalties, fines, suspension, revocation, or surrender of a license in connection with a disciplinary action All misdemeanor convictions, excluding marijuana convictions, that occurred within three years of the date of application.

4. Any current or previously held environmental remediation certifications, accreditations, or licenses issued by Virginia or any other jurisdiction.

Subject to the provisions of § 54.1-204 of the Code of Virginia, the board may deny any application for licensure or accreditation as a lead training provider when any of the parties listed in this subsection have been convicted of any offense listed in this subsection or has been the subject of any disciplinary action listed in subdivision 3 of this subsection. Any plea of nolo contendere shall be considered finding of guilt, regardless of adjudication or deferred adjudication, will be considered a conviction for the purposes of this subsection section. A certified copy of a final order, decree, or case decision by a court or regulatory agency with the lawful authority to issue such order shall The record of conviction certified or authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted will be admissible as prima facie evidence of such a conviction or discipline finding of guilt. The board, at its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.

K. Standards of conduct and practice F. The applicant must report any action taken by any board or administrative body in any jurisdiction against a professional or occupational license, certification, or registration issued to the applicant, to include any suspension, revocation, or surrender of a license, certification, or registration; imposition of a monetary penalty; or requirement to take remedial education or other corrective action. The board, in its discretion, may deny licensure to any applicant for any prior action taken by any board or administrative body in any jurisdiction.

G. Applicants shall must be in compliance with the standards of conduct and practice set forth in Part VIII (18VAC15-30-510 et seq.) and Part IX (18VAC15-30-760 et seq.) of this chapter at the time of application to the board, while the application is under review by the board, and at all times when the license is in effect.

L. Standing. The applicant shall be in good standing in every jurisdiction where licensed, and the applicant shall not have had a license that was suspended, revoked, or surrendered in connection with any disciplinary action in any jurisdiction prior to applying for licensure in Virginia. The board, at its discretion, may deny licensure or approval to any applicant based on disciplinary action by any jurisdiction H. The applicant must provide documentation of having satisfactorily completed the board-approved initial training program and all subsequent board-approved refresher training programs applicable to the license sought as specified in subsection I of this section. Documentation of training completion will be verified by the board. Completion certificates for board-approved initial training programs are valid for 36 months from the date training was completed. Board-approved refresher training programs must be satisfactorily completed no later than 36 months from the date the board-approved initial training program was completed and every 36 months thereafter.

I. An applicant for individual licensure must meet the education or experience requirements of this subsection that are applicable to the license sought.

1. Worker. Each applicant for a lead abatement worker license must provide evidence of successful completion of board-approved lead abatement worker training.

2. Project designer.

a. Each applicant for a lead project designer license must provide evidence of successful completion of board-approved lead project designer training and board-approved lead abatement supervisor training.

b. Each applicant for a lead project designer license must also provide evidence of successful completion of one of the following:

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

(2) Four years of experience in building construction and design or a related field.

3. Supervisor.

a. Each applicant for a lead abatement supervisor license must provide evidence of;

(1) Successful completion of board-approved lead abatement supervisor training; and

(2) One year of experience as a licensed lead abatement worker or two years of experience in a related field, including lead, asbestos, or environmental remediation, or in the building trades.

b. Each applicant for a lead abatement supervisor license must pass a board-approved licensing examination for supervisors within 36 months after completion of the board-approved lead abatement supervisor initial training course or the board-approved lead supervisor refresher course. An applicant who fails the examination three times must provide evidence to the board after the date of the third examination failure of having retaken and satisfactorily completed the initial training requirements. The applicant is then eligible to sit for the examination an additional three times.

4. Inspector.

a. Each applicant for a lead inspector license must provide evidence of successful completion of board-approved lead inspector training or lead risk assessor training.

b. Each applicant for a lead inspector license must pass a board-approved licensing examination for lead inspector within 36 months after completion of the board-approved lead inspector initial training course or the board-approved lead inspector refresher course. An applicant who fails the examination three times must provide evidence to the board after the date of the third examination failure of having retaken and satisfactorily completed the initial training requirements. The applicant is then eligible to sit for the examination an additional three times.

5. Risk assessor.

a. Each applicant for a lead risk assessor license must provide evidence of successful completion of board-approved lead risk assessor training and successful completion of board-approved lead inspector training.

b. Each applicant for a lead risk assessor license must also provide evidence of successful completion of one of the following:

(1) Certification or licensure as an industrial hygienist, a professional engineer, or a registered architect or licensure in a related engineering, health, or environmental field;

(2) A bachelor's degree and one year of experience in a related field (e.g., lead, asbestos, environmental remediation work, or construction);

(3) An associate's degree and two years of experience in a related field (e.g., lead, asbestos, environmental remediation work, or construction); or

(4) A high school diploma or its equivalent and at least three years of experience in a related field (e.g., lead, asbestos, environmental remediation work, or construction).

c. Each applicant must pass a board-approved licensing examination for risk assessor within 36 months after completion of the board-approved lead risk assessor initial training course or the board-approved lead risk assessor refresher course. An applicant who fails the examination three times must provide evidence to the board after the date of the third examination failure of having retaken and satisfactorily completed the initial training requirements. The applicant is then eligible to sit for the examination an additional three times.

J. Applicants seeking to qualify for licensure based on completion of a degree must submit a transcript from the school where the applicable degree was obtained. Only a degree from a regional or national accreditation association or an accrediting agency that is recognized by the U.S. Secretary of Education will be considered.

K. Experience requirements will be verified by resumes, letters of reference, or other documentation of work experience acceptable to the board.

L. Individuals who are required to pass a board-approved license examination may be issued an interim license, provided the required initial or refresher training was completed no later than six months prior to the application being received by the board.

18VAC15-30-53. Qualifications for licensure - business entities: lead contractors.

A. General. Every business entity shall secure a license before transacting business Each firm applying for a license must meet the requirements of this section.

B. Name. The business name shall be disclosed on the application. The applicant must disclose the name under which the entity firm conducts business and holds itself out to the public (i.e., the trade or fictitious name) shall also be disclosed on the application. Business entities shall register their trade or fictitious names with the State Corporation Commission in. In accordance with Chapter 5 (§ 59.1-69 et seq.) of Title 59.1 of the Code of Virginia, the firm must register any trade or fictitious names, when applicable, with the State Corporation Commission before submitting their applications to the board.

C. Address. The applicant shall must disclose the firm's mailing address and the firm's physical address. A post office box is only acceptable as a mailing address when a physical address is also provided.

D. Form of organization. Applicants shall meet the additional requirements listed below for their business type:

1. Corporations. All applicants shall have been incorporated in the Commonwealth of Virginia or, if a foreign corporation, shall have obtained a certificate of authority to conduct business in Virginia from the State Corporation Commission in accordance with § 13.1-544.2 of the Code of Virginia. The corporation shall be in good standing with the State Corporation Commission at the time of application to the board and at all times when the license is in effect.

2. Limited liability companies. All applicants shall have obtained a certificate of organization in the Commonwealth of Virginia or, if a foreign limited liability company, shall have obtained a certificate of registration to do business in Virginia from the State Corporation Commission in accordance with § 13.1-1105 of the Code of Virginia. The company shall be in good standing with the State Corporation Commission at the time of application to the board and at all times when the license is in effect.

3. Partnerships. All applicants shall have a written partnership agreement. The partnership agreement shall state that all professional services of the partnership shall be under the direction and control of a licensed or certified professional.

4. Sole proprietorships. Sole proprietorships desiring to use an assumed or fictitious name, that is a name other than the individual's full name, shall have their assumed or fictitious name recorded by the clerk of the court of the county or jurisdiction wherein the business is to be conducted.

D. In accordance with § 54.1-204 of the Code of Virginia, the applicant must disclose the following information about the firm and its owners, officers, managers, members, and directors, as applicable:

1. All felony convictions;

2. All misdemeanor convictions, except marijuana convictions, within the last three years; and

3. Any conviction involving environmental remediation activity that resulted in the significant harm or the imminent and substantial threat of significant harm to human health or the environment.

The board, in its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia. The applicant has the right to request further review of any such action by the board under the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

E. Qualifications. 1. Lead contractor The applicant must report any disciplinary action taken by any board or administrative body in any jurisdiction against a professional or occupational license, certification, or registration issued to the firm or its owners, officers, managers, members, directors, and, as applicable, any reprimand, suspension, revocation, or surrender of a license, certification, or registration; imposition of a monetary penalty; or requirement to take remedial education or other corrective action. The board, in its discretion, may deny licensure to any applicant based on disciplinary action taken by any board or administrative body in any jurisdiction.

F. The board may deny the application of an applicant who is shown to have a substantial identity of interest with a person whose license or certificate has been revoked or not renewed by the board. A substantial identity of interest includes (i) a controlling financial interest by the individual or corporate principals of the person whose license or certificate has been revoked or has not been renewed or (ii) substantially identical owners, officers, managers, members, or directors, as applicable.

G. Each applicant for lead contractor licensure shall must:

a. 1. Hold a valid Virginia contractor license with a lead specialty issued by the Virginia Board for Contractors and comply with the provisions of Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1 of the Code of Virginia governing the regulation of contractors.

b. 2. Certify that:

(1) a. Only properly licensed lead abatement supervisors and workers will be employed to conduct lead-based paint activities;

(2) b. A licensed lead abatement supervisor is present at each job site during all work site preparation and during post-abatement cleanup, and shall be on site or available by telephone, pager, or answering service and able to be present at the work site in no more than two hours when abatement activities are being conducted; (3) and

c. The standards for conducting lead-based paint activities established in this chapter and standards established by EPA and OSHA shall be followed at all times during the conduct of lead-based paint activities; and (4) The company is in compliance with all other occupational and professional licenses and standards as required by Virginia statute and local ordinance to transact the business of a lead abatement contractor.

F. Conviction or guilt. Neither the firm nor the owners, officers, or directors shall have been convicted or found guilty, regardless of adjudication, in any jurisdiction of any felony or of any misdemeanor involving lying, cheating, or stealing or of any violation while engaged in environmental remediation activity that resulted in the significant harm or the imminent and substantial threat of significant harm to human health or the environment, there being no appeal pending therefrom or the time of appeal having lapsed. Any plea of nolo contendre shall be considered a conviction for the purposes of this section. A certified copy of the final order, decree, or case decision by a court or regulatory agency with lawful authority to issue such order, decree, or case decision shall be admissible as prima facie evidence of such conviction or discipline. The board, at its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.

G. Standards of conduct and practice. Applicants shall be in compliance with the standards of conduct and practice set forth in Part VIII (18VAC15-30-510 et seq.) and Part IX (18VAC15-30-760 et seq.) of this chapter at the time of application to the board, while the application is under review by the board, and at all times when the license is in effect.

H. Standing. Both the firm and the owners, officers, and directors shall be in good standing in every jurisdiction where licensed, and the applicant shall not have had a license that was suspended, revoked, or surrendered in connection with any disciplinary action in any jurisdiction prior to applying for licensure in Virginia. The board, at its discretion, may deny licensure to any applicant based on disciplinary action by any jurisdiction.

I. Denial of license. The board may refuse to issue a license to any lead contractor applicant if the applicant or its owners, officers, or directors have a financial interest in a lead contractor whose lead license has been revoked, suspended, or denied renewal in any jurisdiction.

18VAC15-30-54. Qualifications for accredited lead training program approval.

A. For a training program to obtain accreditation from the board to teach lead-based paint activities, the program shall must demonstrate through its application material that it meets the minimum requirements for principal instructor qualifications, required topic review, length of training, and recordkeeping for each discipline for which the program is seeking accreditation. Training programs shall must offer courses that teach the standards for conducting lead-based paint activities contained in this chapter and other such standards adopted by the EPA.

B. Each applicant for approval as an accredited lead training provider shall must meet the requirements established by this chapter before being granted approval to offer an accredited lead training program. Applicants requesting approval of a lead training program to prepare participants for licensure shall must apply on a form provided by the board. The application form shall must be completed in accordance with the instructions supplied and shall must include the following:

1. The course for which it the training provider is applying for accreditation.

2. A statement signed by the training program manager, which certifies certifying that the training program meets the minimum requirements established in this chapter.

3. The names and qualifications, including education and experience, of each principal instructor.

4. A copy of the student manuals and instructor manuals or other materials to be used.

5. A copy of the course agenda that includes the time allocation for each course topic.

6. A copy of the test and answer sheet.

7. A description of the facilities and equipment to be used for lecture and hands-on training.

8. A description of the activities and procedures that will be used for conducting the assessment of hands-on skills.

9. A copy of the quality control plan as described in this chapter 18VAC15-30-410.

10. An example A sample of a certificate that will be issued to students who successfully complete the course.

11. A proposed course date for auditing purposes.

12. The application fee required by 18VAC15-30-162.

C. The completed application form with attachments and fee shall must be received by the board no later than 45 days before the desired audit date.

D. An applicant may seek approval for as many initial and refresher courses as it chooses, but shall must submit a separate application and fee for each program.

E. Applicants may seek accreditation to offer lead-based paint activities initial or refresher courses in any of the following disciplines: lead abatement worker, lead project designer, lead abatement supervisor, lead inspector, and lead risk assessor.

F. Each training program shall be conducted in compliance with this chapter to qualify for and maintain approval as an accredited lead training program.

G. F. Upon receipt of an application, the board shall conduct a preliminary review and shall notify the applicant in writing of any deficiencies in the submittal packages will be conducted to ensure compliance with this chapter. Applicants will have one year from the board's receipt of the application to correct any problems noted in the review The applicant will be notified if the application is incomplete or deficient. All deficiencies must be corrected prior to the on-site audit.

H. After the application has been found to be complete and in compliance with this chapter, G. Upon completion of the preliminary review, the board will conduct an on-site audit of the training program shall be conducted. The board shall conduct an additional on-site audit, grant approval or deny approval based on the board's evaluation of the level of compliance with this chapter found during the initial on-site audit The applicant will be notified of any deficiencies identified during the audit. All deficiencies must be corrected prior to the approval of the application.

I. Applicants denied approval shall have one year from the date of receipt of the application by the board to correct any deficiencies and notify the board in writing.

J. H. An accredited training provider shall have been program must be approved by the board before its the training program's training certificates shall will be accepted by the board as evidence that an individual has completed an accredited lead training program.

K. I. Each accredited lead training program that is granted approval shall will be sent a form letter indicating the discipline approved and an expiration date that shall be maintained at the business address listed on the application.

18VAC15-30-161. General fee requirements.

A. All fees are nonrefundable and shall will not be prorated. The date on which the fee is received by the department or its agent will determine whether the fee is on time. Checks or money orders shall must be made payable to the Treasurer of Virginia.

B. Fees for approval and renewal of an accredited lead training program and an accredited lead refresher training program shall will not be imposed on any state, local government, or nonprofit training program.

C. The examination fee for examination is subject to contracted charges to the department by an outside vendor. These contracts are competitively negotiated and bargained for based on a contract entered into in compliance with the Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia). Fees will may be adjusted and charged to the candidate in accordance with this contract.

18VAC15-30-163. Renewal and late renewal fees.

A. Renewal and late renewal fees are as follows:

Fee Type	Fee Amount	When Due
Renewal for worker, supervisor, inspector, risk assessor, or project designer license	$45	With renewal application
Renewal for lead contractor license	$70	With renewal application
Renewal for accredited lead training program approval	$125	With renewal application
Late renewal for worker, supervisor, inspector, risk assessor, or project designer license (includes a $35 late renewal fee in addition to the regular $45 renewal fee)	$80	With renewal application
Late renewal for lead contractor license (includes a $35 late renewal fee in addition to the regular $70 renewal fee)	$105	With renewal application
Late renewal for accredited lead training program approval (includes a $35 late renewal fee in addition to the regular $125 renewal fee)	$160	With renewal application

B. For licenses expiring after February 1, 2021, and before February 1, 2023, the renewal fees shall be as follows:

Renewal for worker, supervisor, inspector, risk assessor, or project designer license	$25
Renewal for lead contractor license	$30
Renewal for accredited lead training program approval	$40

For late renewals received after March 1, 2021, and on or before February 28, 2023, the late renewal fees shall be as follows:

Late renewal for worker, supervisor, inspector, risk assessor, or project designer license	$60
Late renewal for lead contractor license	$65
Late renewal for accredited lead training program approval	$75

C. B. For licenses expiring after February 1, 2023, and before February 1, 2025, the renewal fees shall be are as follows:

Renewal for worker, supervisor, inspector, risk assessor, or project designer license	$25
Renewal for lead contractor license	$30
Renewal for accredited lead training program approval	$40

For late renewals received after March 1, 2023, and on or before February 28, 2025, the late renewal fees shall be are as follows:

Late renewal for worker, supervisor, inspector, risk assessor, or project designer license	$60
Late renewal for lead contractor license	$65
Late renewal for accredited lead training program approval	$75

18VAC15-30-164. Renewal required.

A. Interim licenses shall expire six months from the last day of the month during which the individual completed the board-approved initial or refresher accredited lead training program required by 18VAC15-30-52 regardless of the date on which the board received the application for initial licensure or the date the board issued the license.

B. Interim licenses shall not be renewed or extended.

C. A. Individual licenses shall expire 12 months from the last day of the month wherein in which the license was issued. Interim licenses issued to individuals expire six months from the last day of the month the individual completed the board-approved initial or refresher accredited lead training program required by 18VAC15-30-52. Interim licenses will not be renewed.

D. B. Contractor licenses shall expire 12 months from the last day of the month wherein in which the license was issued.

E. C. Accredited lead training programs approval shall expire 24 months from the last day of the month in which the board granted approval.

18VAC15-30-165. Procedures for renewal.

A. The board shall mail will send a renewal notice to the licensee or accredited lead training provider at the last known address of record. The notice shall outline the procedures for renewal and the renewal fee amount. Failure to receive the notice shall not relieve the licensee or accredited lead training provider of the obligation to renew.

B. Prior to the license expiration date shown on the license or approval, each licensee or accredited lead training provider desiring to renew the a license or approval shall must return to the board the renewal notice and the renewal appropriate fee specified in 18VAC15-30-163. Documentation of refresher training programs for individuals and of the requirements in 18VAC15-30-166 C for accredited lead training programs shall be sent to the board Individual licensees must provide evidence of meeting the annual refresher training requirement for license renewal and meet the requirements of 18VAC15-30-166 A.

C. Should the licensee or accredited lead training provider fail to receive the renewal notice, a photocopy of the current lead license or accredited lead training program approval may be substituted for the renewal notice and mailed with the required fee to the board.

D. Interim licensure shall not be renewed or extended. Each applicant who wishes a second interim license must provide to the board evidence of having retaken and satisfactorily completed the initial training requirements and make a new application to the board C. Prior to the expiration date on the approval letter, each accredited lead training program desiring to renew the approval must return to the board the appropriate fee specified in 18VAC15-30-163 and the documentation required by 18VAC15-30-166 B.

D. By making application for renewal, the licensee or accredited lead training program is certifying continued compliance with the requirements of this chapter.

18VAC15-30-166. Qualifications for renewal.

A. Individuals.

1. Licensees desiring to maintain an individual license shall satisfactorily must successfully complete the required board-approved refresher training course within 36 months after the date that the initial or most recent refresher training course was completed and at least once every 36 months thereafter. In the case of a proficiency-based course completion, refresher training is required every 60 months instead of 36 months.

2. Licensees are responsible for ensuring that the board receives proof of completion of the required board-approved training. Prior to the expiration date shown on the individual's current license, the individual desiring to renew that license shall provide evidence of meeting the board-approved refresher training requirement for license renewal.

3. 2. Refresher training shall must be specific to the discipline of the license being renewed.

4. The board shall renew an individual license for an additional 12 months upon receipt of a renewal application and fee in compliance with 18VAC15-30-163 and 18VAC15-30-165, provided that the licensee has complied with subdivisions 1 through 3 of this subsection.

B. Contractors. The board shall renew a contractor license for an additional 12 months upon receipt of a renewal application and the renewal fee in compliance with 18VAC15-30-163 and 18VAC15-30-165. Return of the renewal application and renewal fee to the board shall constitute a certification that the licensee is in full compliance with the board's regulations.

C. B. Accredited training programs.

1. Accredited lead training providers desiring to maintain renew approval of their an accredited lead training program shall cause the board to receive the following no later than 24 months after the date of initial approval and not less often than once each 24 months thereafter must provide the following:

a. The training provider's name, address, and telephone number.

b. A statement signed by the training program manager that certifies that:

(1) The course materials for each course meet the requirements of Part VII (18VAC15-30-440 et seq.) of this chapter.

(2) The training manager and principal instructors meet the qualifications listed in 18VAC15-30-340.

(3) The training program manager complies at all times with all requirements of this chapter.

(4) The quality control program meets the requirements noted in 18VAC15-30-410.

(5) The recordkeeping requirements of this chapter will be followed.

2. Return of the renewal application and renewal fee to the board shall constitute a certification that the accredited lead training provider is in full compliance with the board's regulations.

3. 2. An audit by a board representative may be performed to verify the certified statements and the contents of the application before relicensure is granted.

4. 3. Accredited lead training programs determined by the board to have met the renewal requirements shall will be issued an approval for an additional 24 months.

18VAC15-30-167. Late renewal.

A. If the renewal fee is not received by the board within 30 days after the expiration date printed on the Each license or and each accredited lead training program approval, a that is not renewed within 30 days of the expiration date on the license or approval letter will be subject to late renewal fee shall be required in addition to the renewal fee fees as established in 18VAC15-30-162.

B. Any licensee or accredited lead training provider who fails to renew his Each license or accredited lead and each approved training program approval that is not renewed within 12 months after the expiration date on the license or approval shall will not be permitted to renew and shall apply as a new applicant renewed. The individual or firm must apply for a new license or approval and meet entry requirements current at the time the new application is submitted.

18VAC15-30-332. Changes to an approved course.

Once a training course has been approved, substantial changes in any of the approved items must be submitted to the board for review and approval prior to the continuation of the training course. These items include, but are not limited to:

1. Course curriculum.

2. Course examination.

3. Course materials.

4. Training manager and principal instructor or instructors.

5. Certificate of completion.

The board shall communicate its approval or disapproval in the same manner as for initial applications for accreditation approval.

6. Change in permanent training location.

7. Change in ownership of the training program.

18VAC15-30-334. Change of ownership. (Repealed.)

When an accredited lead training provider offering an accredited lead training program has a change of ownership, the new owner shall apply anew.

18VAC15-30-340. Qualifications of training managers and principal instructors.

A. The training program shall must employ a training manager who:

1. Has at least two years of experience, education, or training in teaching workers or adults; has a bachelor's or graduate level degree in building construction technology, engineering, industrial hygiene, safety, public health, education, business administration, program management, or a related field; or has two years of experience in managing a training program that specialized in environmental hazards; and

2. Has demonstrated experience, education, or training in the construction industry, including: lead or asbestos abatement, painting, carpentry, renovation, remodeling, occupational safety and health, or and industrial hygiene.

B. The training program shall must employ a qualified principal instructor, designated by the training manager, for each course who:

1. Demonstrates experience, education, or training in teaching workers or adults;

2. Successfully Has successfully completed a minimum of 16 hours of any EPA-accredited or board-approved lead-specific training; and

3. Demonstrated Has demonstrated experience, education, or training in lead or asbestos abatement, painting, carpentry, renovation, remodeling, occupational safety and health, or industrial hygiene.

C. Documentation of all principal instructor qualifications shall must be reviewed and approved by the board prior to the principal instructor teaching in an accredited lead training program.

18VAC15-30-350. Responsibilities of the training manager.

A. The training program shall must employ a training manager who shall be is responsible for ensuring that the training program complies at all times with the requirements of this chapter and who is responsible for maintaining:

1. The validity and integrity of the hands-on skills assessment or proficiency test to ensure that it the assessment or test accurately evaluates the trainees' trainee's performance of the work practices and procedures associated with the course topics.

2. The validity and integrity of the course test to ensure that it the test accurately evaluates the trainees' trainee's knowledge and retention of the course topics.

B. The training manager shall must, for each course offered, designate a principal instructor. Principal instructors are responsible for the organization of the course and oversight of the teaching of all course material.

C. Guest instructors may be designated by the training manager as needed to provide instruction specific to the lecture, hand-on hands-on activities, or work practice components of a course.

D. Any training manager who intends to also serve as a principal instructor shall must meet the requirements of subsection B of 18VAC15-30-340 and provide documentation to the board prior to instructing.

18VAC15-30-360. Training manager and principal instructor documentation.

The following documents shall will be recognized by the board as proof that training managers and principal instructors meet the relevant applicable educational, work experience, and training requirements specifically listed in 18VAC15-30-340:

1. Official academic transcripts or diplomas as proof of meeting the educational requirements.

2. Resumes, letters of reference, or documentation of work experience as proof of meeting the work experience requirements.

3. Certificates from lead-specific training courses as proof of meeting the training requirements.

18VAC15-30-370. Training facilities.

The training program shall must provide adequate facilities for the delivery of the lecture, course test, hands-on training, and assessment activities. This includes providing training equipment that reflects current work practices, and maintaining or updating the equipment and facilities as needed.

18VAC15-30-380. Length of training courses. (Repealed.)

A. The length of training courses are as follows:

1. The training course for lead inspector shall last a minimum of 24 training hours, with a minimum of eight hours devoted to hands-on training activities.

2. The training course for lead risk assessor shall last a minimum of 16 training hours with a minimum of four hours devoted to hands-on training activities. As a prerequisite, the 24 training hours provided for in subdivision 1 of this subsection for lead inspector shall be required.

3. The training course for lead project designer shall last a minimum of eight training hours. As a prerequisite, the 32 training hours provided for in subdivision 4 of this subsection for lead abatement supervisor shall be required.

4. The training course for lead abatement supervisor shall last a minimum of 32 training hours, with a minimum of eight hours devoted to hands-on activities.

5. The training course for lead abatement worker shall last a minimum of 16 training hours, with a minimum of eight hours devoted to hands-on activities.

6. All lead refresher courses shall last a minimum of eight training hours, except the project designer refresher course which shall last a minimum of four training hours.

B. In no case shall actual training exceed eight hours during any single 24-hour period, exceed four hours when conducted during evening hours (after 5 p.m. and before 8 a.m.) except training that is conducted during the student's normal second or third shift working hours, or exceed 16 hours during any weekend (Friday after 5 p.m. to Monday 8 a.m.).

18VAC15-30-390. Course examination.

A. For each course, the accredited lead training program shall must conduct a monitored, written course test at the completion of the course and a hands-on skills assessment, or as an alternative, a proficiency test. Each individual must successfully complete the hands-on skills assessment and receive a passing score on the course test to pass any course, or successfully complete a proficiency test. Refresher training programs are not required to conduct a hands-on skills assessment.

B. The course test is an evaluation of the overall effectiveness of the training which shall that must test the trainee's knowledge and retention of the topics covered during the course. An For a lead abatement worker training program, an oral course test may be administered in lieu of a written course test for lead abatement worker only.

C. Seventy percent shall will be the passing score on the course test.

D. The hands-on skills assessment is an evaluation of the effectiveness of the hands-on training which shall that must test the ability of the trainees to demonstrate satisfactory performance of work practices and procedures specified in Part VIII (18VAC15-30-440 et seq.) of this chapter, as well as any other skills demonstrated in the course.

E. The use of a proficiency test in lieu of a hands-on assessment and course test may be considered by the training provider. An accredited lead training program that offers a proficiency test shall assure must ensure that the test consists primarily of an evaluation of the effectiveness and reliability of a student's ability to conduct a particular lead-based paint activity. The proficiency test must also cover all of the topics and skills addressed in a particular course. For instance, a proficiency-based course in inspection could involve a mix of lecture material with students conducting a mock inspection in a residential dwelling with known lead-based paint concentrations. The student would be evaluated on the accuracy of the results of their inspection. For a training program to make use of a proficiency-based course, that course must be approved by the board in the same manner as approval for any other course, including fees.

18VAC15-30-400. Certificates of completion.

A. Accredited lead training programs shall will issue unique course completion certificates to each individual who successfully completes the course requirements. The course completion certificate shall must include:

1. A unique certificate number.

2. The name and address of the individual.

3. The name of the particular course that the individual completed.

4. Dates of course completion/test completion or test passage.

5. Expiration date. Training certificates shall will expire three years from the date of course completion. If the accredited lead training program offers a proficiency test, the those training certificates shall will expire five years from the date of course completion.

6. Name, address, and telephone number of the training provider.

7. Name and signature of the training manager and principal instructor.

B. The board will not accept training certificates of completion for initial training courses where the name of the course participant, training manager, and principal instructor are the same.

C. Course participants in a refresher training course who are both the training manager and principal instructor of a refresher training program must be monitored by another instructor if completing the program's examination for the purpose of license renewal. The monitoring individual must sign the certificate of completion as the participant's instructor. A course participant in a refresher training course who is either the training manager or the principal instructor of a training program must be monitored by the other if completing his own program's examination for the purpose of license renewal. The monitoring individual must sign the certificate of completion as the participant's instructor.

18VAC15-30-410. Quality control plan.

The training manager shall must develop and implement a quality control plan. The plan shall will be used to maintain and improve the quality of the accredited lead training program over time. This The plan shall must contain at least the following elements:

1. Procedures for periodic revision of training materials and course test to reflect innovations in the field.

2. Procedures for the training manager's annual review of principal instructor competency.

18VAC15-30-420. Recordkeeping and provision of records to the board.

A. Each accredited lead training program shall must maintain and make available upon request from the board the following records:

1. All documents specified in 18VAC15-30-360 that demonstrate the qualifications listed in 18VAC15-30-340 of the training manager and principal instructors.

2. Current curriculum/course curriculum or course materials and documents reflecting any changes made to these materials.

3. Course examination.

4. Information on how the hands-on assessment is conducted, including, but not limited to, who conducts the assessment, how the skills are graded, what facilities are used, and the pass/fail pass-fail rate.

5. The quality control plan described in 18VAC15-30-410.

6. Results of the each student's hands-on skills assessments and course examination and a copy of each student's course completion certificate.

7. Any other material not listed in this chapter that was submitted to the board as part of the application for accreditation.

The accredited lead training provider shall must retain these records at the location specified on the training program application for a minimum of three years and six months.

B. The training manager shall must notify the board at least 48 hours prior to the start date of any accredited lead training program.

C. The training manager shall must provide an updated notification when an accredited lead training program will begin on a date other than the start date specified in the original notification as follows:

1. For accredited lead training programs beginning prior to the start date provided to the board, an updated notification must be received by the board at least 48 hours before the new start date.

2. For accredited lead training programs beginning after the start date provided to the board, an updated notification must be received by the board at least 48 hours before the start date provided to the board.

D. The training manager shall must update the board of any change in location of an accredited lead training program at least seven business days prior to the start date provided to the board.

E. The training manager shall must update the board regarding any accredited lead training program cancellations or any other change to the original notification at least two business days prior to the start date provided to the board. This requirement shall will not apply to situations or circumstances beyond the control of the training provider.

F. Each notification, including updates, shall must include the following:

1. Notification type (i.e., original, update, cancellation).

2. Training program name, Virginia accreditation number, address, and telephone number.

3. Course discipline, type (initial/refresher initial or refresher), and the language in which the instruction will be given.

4. Dates and times of training.

5. Training locations, telephone number, and address.

6. Principal instructor's name.

7. Training manager's name and signature.

G. The training program participant list shall must be completed by the training provider and training program participants daily.

H. The training program participant list shall must be retained by the training provider for three years following the date of completion of the training program.

I. The training manager shall must provide to the board the accredited lead training program participant list no later than 10 business days following the training program completion. For the purposes of this section, a business day shall mean Monday through Friday with the exception of federal holidays.

J. The training program participant list shall must include the following:

1. Training program name, Virginia accreditation number, address, and telephone number.

2. Course discipline and type (initial/refresher initial or refresher).

3. Dates of training.

4. Each participant's name, address, social security number, course completion certificate number, and course test score.

5. Training manager's name and signature.

K. Notifications and training program participant lists shall must be submitted electronically in the manner established by acceptable to the board specifically to receive this documentation using a sample form designed by and available from the board. Any variation upon this procedure shall be approved by the board prior to submission.

L. The training provider shall must retain all examinations completed by training program participants for a period of three years.

M. The department shall will not recognize training certificates from approved training providers that fail to notify comply with the notification requirements of this section or fail to provide a training program participant list as required by this section.

18VAC15-30-430. Change of address.

The accredited lead training provider shall must notify the board within 30 days prior to relocating its business or transferring the records.

18VAC15-30-435. Access by the department.

Accredited training providers must permit department representatives to attend, evaluate, and monitor any accredited training program. No prior notice of attendance by department representatives is required. The department will be given access to all course materials, principal instructor and training manager rosters, participant rosters, and other records as stipulated by this chapter.

18VAC15-30-437. Suspension or revocation of approval of an accredited lead training provider.

The board may suspend, revoke, or modify an accredited lead training program's approval if an accredited lead training provider, training manager, or other person with supervisory authority over the training program has:

1. Misrepresented the contents of a training course to the board or the student population.

2. Failed to submit required information or notification in a timely manner.

3. Failed to submit training program notification as required and in the manner described in 18VAC15-30-420.

4. Failed to submit training program participant lists as required and in the manner described in 18VAC15-30-420.

5. Failed to maintain required records.

6. Falsified accreditation records, qualifications of the training manager and principal instructors, or other accreditation information.

7. Failed to comply with the federal, state, or local lead-based paint statutes or regulations.

8. Acted as an ostensible licensee for undisclosed persons who do or will control or direct, directly or indirectly, the operations of the accredited lead training provider's business.

18VAC15-30-440. General. (Repealed.)

Training programs shall ensure that their courses of study for various lead-based paint activities disciplines cover the mandatory subject areas. Requirements listed in this part ending in an asterisk (*) indicate areas that require hands-on training as an integral component of the course. All training courses shall be discipline specific.

18VAC15-30-450. Initial training criteria for lead abatement worker.

A. The lead abatement workers course shall must last a minimum of 16 hours with a minimum of eight hours devoted to hands-on training. The training course shall must address the following topics:

1. Role and responsibilities of an abatement worker.

2. Background information and health effects of lead.

3. Background information on federal, state, and local regulations and guidance that pertains to lead-based paint activities.

4. Lead-based paint hazard recognition and control methods.*

5. Lead-based paint abatement and lead hazard reduction methods, including restricted work practices.*

6. Interior dust abatement methods/clean-up methods or cleanup or lead hazard reduction.*

7. Soil and exterior dust abatement methods or lead hazard reduction.*

8. Course review.

9. 8. Examination.

B. The topics in subdivisions A 4, A 5, A 6, and A 7 of this section must include hands-on training.

18VAC15-30-460. Initial training criteria for lead abatement supervisor.

A. The lead abatement supervisor course shall must last a minimum of 32 hours with a minimum of eight hours devoted to hands-on training. The training course shall must address the following topics:

1. Role and responsibilities of an abatement supervisor.

2. Background information on lead and the adverse health effects.

3. Background information on federal, state, and local regulations and guidance that pertains to lead-based paint activities, including distribution and thorough review of the Virginia Lead-Based Paint Activities Regulations this chapter.

4. Liability and insurance issues relating to lead-based paint abatement.

5. Risk assessment and inspection report interpretation.*

6. Development and implementation of an occupant protection plan and abatement report.

7. Lead-based paint hazard recognition and control methods.*

8. Lead-based paint abatement or lead hazard reduction methods, including restricted work practices.*

9. Interior dust abatement/clean-up abatement or cleanup or lead hazard reduction.*

10. Soil and exterior dust abatement or lead hazard reduction.*

11. Clearance standards and testing.

12. Clean-up and waste disposal.

13. Recordkeeping.

14. Course review.

15. 14. Examination.

B. The topics in subdivisions A 5, A 7, A 8, A 9, and A 10 of this section must include hands-on training.

18VAC15-30-470. Initial training criteria for lead inspector.

A. The lead inspector course shall must last a minimum of 24 hours with a minimum of eight hours devoted to hands-on training. The training course shall must address the following topics:

1. Background information on lead.

2. Health effects of lead.

3. Regulatory review. This entails a discussion of applicable Background information on federal, state, and local regulations and guidance that pertains to lead-based paint activities, including distribution and thorough review of this chapter.

4. Roles and responsibilities of the lead-based paint inspector.

5. Lead-based paint inspection methods, including selection of rooms and components for sampling or testing.*

6. Paint, dust, and soil sampling methodologies.*

7. Preparation of the final inspection report.*

8. Clearance standards and testing, including random sampling.*

9. Recordkeeping.

10. Course review.

11. 10. Examination.

B. The topics in subdivisions A 5, A 6, A 7, and A 8 of this section must include hands-on training.

18VAC15-30-480. Initial training criteria for lead risk assessors.

A. The lead risk assessor course shall must last a minimum of 16 hours and shall must address the following topics with a minimum of four hours devoted to hands-on training, which includes site visits:

1. Role and responsibilities of a risk assessor.

2. Regulatory review. This entails a discussion of applicable Background information on federal, state, and local regulations and guidance that pertain pertains to lead-based paint activities, including distribution and thorough review of this chapter.

3. Collection of background information to perform risk assessment.

4. Visual inspection for the purpose of identifying potential sources of lead-based hazards.*

5. Sources of environmental lead contamination such as paint, surface dust, water, air, packaging, and food.

6. Lead hazard screen protocol.

7. Sampling for other sources of lead exposure.*

8. Interpretation of lead-based paint and other sampling results.

9. Development of hazard control options, the role of interim controls, and operations and maintenance activities to reduce lead-based paint hazards.

10. Preparation of a final risk assessment report.

11. Course review.

12. 11. Examination.

B. The topics in subdivision A 4 and A 7 of this section must include hands-on training.

18VAC15-30-490. Initial training criteria for lead project designer.

The lead project designer course shall must last a minimum of eight hours and shall must address the following topics:

1. Role and responsibilities of a project designer.

2. Development and implementation of an occupant protection plan for large scale abatement projects.

3. Lead-based paint abatement and lead-based paint hazard reduction methods for large scale abatement projects.

4. Interior dust abatement/clean-up abatement or cleanup or lead hazard control and reduction methods for large scale abatement projects.

5. Clearance standards and testing for large scale abatement projects.

6. Integration of lead-based paint abatement methods with modernization and rehabilitation projects for large scale abatement projects.

7. Course review.

8. 7. Examination.

18VAC15-30-500. Refresher training criteria.

A. All lead refresher courses must be a minimum of eight training hours, except for the project designer refresher course, which must be a minimum of four training hours.

B. The refresher course for all disciplines shall must address the following topics:

1. An overview of current safety practices relating to lead-based paint activities in general, as well as specific information pertaining to the appropriate discipline.

2. Current federal, state, and local laws and regulations relating to lead-based paint activities in general, as well as specific information pertaining to the appropriate discipline including distribution and thorough review of the Virginia Lead-Based Paint Activities Regulations this chapter.

3. Current technologies relating to lead-based paint in general, as well as specific information pertaining to the appropriate discipline.

C. Refresher courses for all disciplines, except project designer, must include a hands-on component.

18VAC15-30-510. General requirements.

A. This part establishes work practice standards for conducting lead-based paint activities in target housing and child-occupied facilities.

B. Notification shall must be sent by the licensed lead abatement contractor to the Virginia Department of Labor and Industry prior to the commencement of any lead-based paint abatement activities. The notification shall be sent in a manner prescribed by the Virginia Department of Labor and Industry.

C. No licensed lead abatement contractor shall may enter into a contract to perform a lead abatement project if the lead inspection or project design is to be performed by individuals with an employer/employee employer-employee relationship with, or financial interest in, the lead abatement contractor unless the contractor provides the building owner with a "Virginia Lead Consumer Information and Disclosure Sheet," which is available from the board. Persons licensed to perform post-abatement clearance procedures shall be independent of and have no financial interest in or an employer/employee relationship with the licensed lead abatement contractor.

D. The relationships described in subsection C of this section must be disclosed, and the disclosure form must be signed and dated by the building owner or the building owner's agent and the contracting entity prior to the signing of any contract to conduct lead-based paint activities. The contractor must provide the disclosure form to all parties involved in the lead abatement project. The disclosure form shall must be kept on the lead abatement project site and available for review.

E. Persons licensed to perform post-abatement clearance procedures must be independent of and have no financial interest in or employer-employee relationship with the licensed lead abatement contractor.

F. When performing a lead-based paint inspection, lead-hazard screen, risk assessment, or abatement, a licensed individual must perform that activity in compliance with documented methodologies. The following documented methodologies that are appropriate for this chapter are incorporated by reference:

1. U.S. Department of Housing and Urban Development (HUD) Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing, Second Edition, July 2012.

2. 40 CFR Part 745, Subpart D (January 6, 2020, update).

3. EPA Guidance on Residential Lead-Based Paint, Lead-Contaminated Dust and Lead-Contaminated Soil (60 FR 47248-47257, September 11, 1995).

4. EPA Residential Sampling for Lead: Protocols for Dust and Soil Sampling, Final Report (EPA 747-R-95-001, March 1995).

F. Individuals conducting lead-based paint activities shall comply with the work practice standards enumerated in this chapter.

G. Any lead-based paint activities, as described in this chapter, shall must be performed only by individuals licensed by the board to perform such activities.

H. All reports and plans required by 18VAC15-30-520 through 18VAC15-30-651 shall must be maintained by the licensed firm or individual who prepared the report for at least three years. The licensed firm or individual also shall must provide copies of these reports to the building owner or person who contracted for its services.

18VAC15-30-511. Determination of the presence of lead-based paint, a paint-lead hazard, a dust-lead hazard, and a soil-lead hazard.

A. Lead-based paint is present:

1. On any surface that is tested and found to contain lead equal to or in excess of 1.0 milligrams per square centimeter or equal to or in excess of 0.5% by weight; and

2. On any surface like a surface tested in the same room equivalent that has a similar painting history and that is found to be lead-based paint.

B. A paint-lead hazard is present:

1. On any friction surface that is subject to abrasion and where the lead dust levels on the nearest horizontal surface underneath the friction surface (e.g., the window sill or floor) are equal to or greater than the dust hazard levels identified by EPA, pursuant to 15 USC § 2683 in 40 CFR 745.65(b);

2. On any chewable lead-based paint surface on which there is evidence of teeth marks;

3. Where there is any damaged or otherwise deteriorated lead-based paint on an impact surface that is caused by impact from a related building component (such as a door knob that knocks into a wall or a door that knocks against its door frame); and

4. If there is any other deteriorated lead-based paint in any residential building or child-occupied facility or on the exterior of any residential building or child-occupied facility.

C. A dust-lead hazard is present in a residential dwelling or child-occupied facility:

1. In a residential dwelling on floors and interior window sills when the weighted arithmetic mean lead loading for all single surface or composite samples of floors and interior window sills are equal to or greater than the amount identified by EPA, pursuant to 15 USC § 2683 in 40 CFR 745.227(h)(3) for floors and interior window sills;

2. On floors or interior window sills in an unsampled residential dwelling in a multi-family dwelling, if a dust-lead hazard is present on floors or interior window sills, respectively, in at least one sampled residential unit on the property; and

3. On floors or interior window sills in an unsampled common area in a multi-family dwelling, if a dust-lead hazard is present on floors or interior window sills, respectively, in at least one sampled common area in the same common area group on the property.

D. A soil-lead hazard is present:

1. In a play area when the soil-lead concentration from a composite play area sample of bare soil is equal to or greater than the amount identified by EPA pursuant to 15 USC § 2683 in 40 CFR 45.227(h)(4); or

2. In the rest of the yard when the arithmetic mean lead concentration from a composite sample (or arithmetic mean of composite samples) of bare soil from the rest of the yard (i.e., nonplay areas) for each residential building on a property is equal to or greater than the amount identified by EPA pursuant to 15 USC § 2683 in 40 CFR 745.227(h)(4).

18VAC15-30-520. Inspections.

A. Inspections shall must be conducted only by persons licensed by the board as an inspector or risk assessor.

B. When conducting an inspection, the following locations shall must be selected according to documented methodologies and tested for the presence of lead-based paint:

1. In a residential dwelling or child-occupied facility, each testing combination with a distinct painting history and each exterior testing combination with a distinct painting history shall must be tested for lead-based paint, except those testing combinations that the inspector or risk assessor determines to have been replaced after 1978, or do not contain lead-based paint.

2. In a multi-family dwelling or child-occupied facility, each testing combination with a distinct painting history in every common area, except those testing combinations that the inspector or risk assessor determines to have been replaced after 1978, or do not contain lead-based paint.

C. Paint shall must be sampled in the following manner:

1. The analysis of paint to determine the presence of lead shall must be conducted using documented methodologies that incorporate adequate quality control procedures; and/or and

2. Collected paint chips shall must be sent to a laboratory recognized by EPA as being capable of performing the analysis.

18VAC15-30-540. Written inspection report.

The licensed inspector or risk assessor shall must prepare an inspection report that shall must include the following information:

1. Date of each inspection.

2. Address of buildings.

3. Date of construction.

4. Apartment numbers (if applicable).

5. Name, address, and telephone number of the owner or owners of each residential dwelling or child-occupied facility.

6. Name, signature, and license number of each licensed inspector or risk assessor conducting testing.

7. Name, address, and telephone number of the firm employing each inspector or risk assessor.

8. Each testing method and device and/or or sampling procedure employed for paint analysis, including quality control data, and, if used, the serial number of any X-Ray Fluorescence Spectroscopy (XRF) XRF device.

9. Specific locations of each painted testing combination tested for the presence of lead-based paint.

10. The results of the inspection expressed in terms appropriate to the sampling methods used.

18VAC15-30-541. Lead hazard screen.

A. A lead hazard screen shall must only be conducted by individuals licensed by the board as a risk assessor.

B. If conducted, a lead hazard screen shall must be conducted as follows:

1. Background information regarding the physical characteristics of the residential dwelling or child-occupied facility and occupant use patterns that may cause lead-based paint exposure to one or more children age six years of age and under shall younger must be collected.

2. A visual inspection of the residential dwelling or child-occupied facility shall must be conducted to:

a. Determine if any deteriorated paint is present; and

b. Locate at least two dust sampling locations.

3. If deteriorated paint is present, each surface with deteriorated paint, which that is determined to be in poor condition by using documented methodologies and to have a distinct painting history, shall must be tested for the presence of lead.

4. In residential dwellings, two composite dust samples shall must be collected, one from the floors and the other from the windows, in rooms, hallways, or stairwells where one or more children, age six years of age and under, younger are likely to come in contact with dust.

5. In multi-family dwellings and child-occupied facilities, in addition to the floor and window samples required in 18VAC15-30-550 B 4, the risk assessor shall must also collect composite dust samples from common areas where children, age six years of age and under, younger are most likely to come into contact with dust.

C. Dust samples shall must be collected in the following manner:

1. All dust samples shall must be taken using documented methodologies that incorporate adequate quality control procedures.

2. All dust samples shall must be sent to a laboratory recognized by EPA as being capable of performing the analysis to determine if they contain detectable levels of lead that can be quantified numerically.

18VAC15-30-542. Written lead hazard screen report.

After a lead hazard screen has been conducted, a written hazard screen report shall must be prepared by the risk assessor. A lead hazard screen report shall must contain the following minimum information:

1. The information identified in a risk assessment report as specified in 18VAC15-30-610, including 18VAC15-30-610 1 through 18VAC15-30-610 14. Additionally, any background information collected pursuant to 18VAC15-30-541 B 1 of this chapter shall must be included in the report.

2. Recommendations, if warranted, for a follow-up risk assessment, and as appropriate, any further actions.

18VAC15-30-550. Risk assessment.

A. A risk assessment shall must only be conducted by individuals licensed by the board as risk assessors.

B. If conducted, a risk assessment shall must be conducted as follows:

1. A visual inspection for risk assessment of the residential dwelling or child-occupied facility shall must be undertaken to locate the existence of deteriorated paint, assess the extent and causes of deterioration, and other potential lead-based paint hazards.

2. Background information regarding the physical characteristics of the residential dwelling or child-occupied facility and occupant use patterns that may cause lead-based paint exposure to one or more children age six years of age and under shall younger must be collected.

3. The following surfaces that are determined, using documented methodologies, to have a distinct painting history, shall must be tested for the presence of lead:

a. Each friction surface or impact surface with visibly deteriorated paint; and

b. All other surfaces with visibly deteriorated paint.

4. In residential dwellings, dust samples (either composite or single-surface samples) from the any interior window sill(s) sill and floor shall must be collected and analyzed for lead concentration in living areas where one or more children, age six years of age and under, younger are most likely to come into contact with dust.

5. For multi-family dwellings and child-occupied facilities, the samples required in 18VAC15-30-550 B (3) shall subdivision 3 of this subsection must be taken. In addition, interior window sill and floor dust samples (either composite or single-surface samples) shall must be collected and analyzed for lead concentration in the following locations:

a. Common areas adjacent to the sampled residential dwelling or child-occupied facility; and

b. Other common areas in the building where the risk assessor determines that one or more children, age six years of age and under, younger are likely to come into contact with dust.

6. For child-occupied facilities, interior window sill and floor dust samples (either composite or single-surface samples) shall must be collected and analyzed for lead concentration in each room, hallway, or stairwell utilized by one or more children, age six years of age and under, younger and in other common areas in the child-occupied facility where one or more children, age six years of age and under, younger are likely to come into contact with dust.

7. Soil samples shall must be collected and analyzed for lead concentrations in the following locations:

a. Exterior play areas where bare soil is present;

b. The rest of the yard (i.e., nonplay areas) where bare soil is present; and

c. Dripline/foundation Dripline or foundation areas where bare soil is present.

8. Any paint, dust, or soil sampling or testing shall must be conducted using documented methodologies that incorporate adequate quality control procedures.

9. Any collected paint chip, dust, or soil sample shall must be sent for analysis to a laboratory recognized by EPA as being capable of performing these activities.

18VAC15-30-610. Written risk assessment report.

After an assessment has been conducted, a written assessment report shall must be completed. A risk assessment report shall must contain the following minimum information:

1. Date of assessment.

2. Address of each building.

3. Date of construction of each building.

4. Apartment numbers (if applicable).

5. Name, address, and telephone number of each owner of each building.

6. Name, signature, and license number of the licensed risk assessor conducting the assessment.

7. Name, address, and telephone number of the firm employing each risk assessor.

8. Name, address, and telephone number of each recognized laboratory conducting analysis of collected samples.

9. Results of the visual inspection.

10. Testing method and sampling procedures for paint analysis employed.

11. Specific locations of each painted testing combination tested for the presence of lead-based paint.

12. All data collected from on-site testing, including quality control and, if used, the serial number of any XRF device.

13. All results of laboratory analysis on collected paint, soil, and dust samples.

14. Any other sampling results.

15. Any background information collected pursuant to 18VAC15-30-550 B 2.

16. To the extent that they are used as part of the lead-based paint hazard determination, the results of any previous inspections or analyses for the presence of lead-based paint, or other assessments of lead-based paint related hazards.

17. A description of the location, type, and severity of identified lead-based paint hazards and any other potential lead hazard.

18. A description of interim controls or abatement options, or both, for each identified lead-based paint hazard and a suggested prioritization for addressing each hazard. If the use of an encapsulant or enclosure is recommended, the report shall must recommend a maintenance and monitoring schedule for the encapsulant or enclosure.

18VAC15-30-620. Abatement.

A. Abatement shall must be conducted only by individuals licensed by the board as supervisors or workers and employed by a licensed lead abatement contractor.

B. A licensed lead abatement supervisor is required for each abatement project and shall must be on-site on site during all work site preparation and during the post-abatement cleanup of work areas. At all other times when abatement activities are being conducted, the licensed supervisor shall must be on-site on site or available by telephone, pager, or answering service, and able to be present at the work site in no more than two hours.

C. The licensed lead abatement supervisor and the licensed lead abatement contractor employing the supervisor shall must ensure that all abatement activities are conducted according to the requirements of this chapter and all other federal, state, and local regulations.

D. A written occupant protection plan shall must be developed for all abatement projects and shall must be prepared according to the following procedures:

1. The occupant protection plan shall must be unique to each residential dwelling or child-occupied facility and be developed prior to the abatement. The occupant plan shall must describe the measures and management procedures that will be taken during the abatement to protect the building occupants from exposure to any lead-based paint hazard.

2. A licensed lead abatement supervisor or lead project designer shall must prepare the occupant protection plan.

E. The following work practices shall must be restricted during an abatement:

1. Open-flame burning or torching of lead-based paint is prohibited.

2. Machine sanding or grinding or abrasive blasting of lead-based paint is prohibited unless used with High Efficiency Particulate Air (HEPA) exhaust control that removes particles of 0.3 microns or larger from the air at 99.97 percent 99.97% or greater efficiency.

3. Dry scraping of lead-based paint is permitted only in conjunction with heat guns or around electrical outlets or when treating defective paint spots totaling no more than two square feet in any one room, hallway, or stairwell or totaling no more that than 20 square feet on exterior surfaces.

4. Operating a heat gun on lead-based paint is permitted only at temperatures below 1100 degrees Fahrenheit 1100°F.

F. If the soil is removed:

1. The soil shall must be replaced by soil with a lead concentration as close to local background as practicable, but no greater than 400 ppm.

2. The soil that is removed shall must not be used as top soil topsoil at another residential property or child-occupied facility.

3. If soil is not removed, the soil shall must be permanently covered as defined in 18VAC15-30-20.

G. An abatement report shall must be prepared by a licensed lead abatement supervisor or lead project designer. The abatement report shall must include the following information:

1. Start and completion dates of abatement.

2. The name and address of each licensed lead abatement contractor conducting the abatements, and the name of each licensed lead abatement supervisor assigned to the abatement project.

3. The occupant protection plan prepared pursuant to subsection D of this section.

4. The name, address, and signature of each licensed risk assessor or inspector conducting clearance sampling and the date of clearance testing.

5. The results of clearance testing, the name of each recognized laboratory that conducted the analysis, and the name and signature of the person conducting the analysis.

6. A detailed written description of the abatement, including abatement methods used, locations of rooms and components where abatement occurred, and reason for selecting particular abatement methods for each component and any suggested monitoring of encapsulants or enclosures.

18VAC15-30-650. Post-abatement clearance procedures.

The following post-abatement clearance procedures shall must be performed by a licensed inspector or licensed risk assessor:

1. Following an abatement, a visual inspection shall must be performed by the licensed inspector or licensed risk assessor to determine if there are any deteriorated painted surfaces or visible amounts of dust, debris, or residue still present. If deteriorated painted surfaces or visible amounts of dust, debris, or residue are present, these conditions must be eliminated prior to the continuation of the clearance procedures.

2. Following a successful visual inspection for clearance, but no sooner than one hour after completion of final post abatement clean-up, clearance sampling shall must be conducted.

3. Clearance sampling may be conducted by employing single-surface or composite sampling techniques, and shall must be taken using documented methodologies that incorporate adequate quality control procedures.

4. The following post-abatement clearance activities shall must be conducted, as appropriate, based upon the extent or manner of abatement activities conducted in or to the residential dwelling or child-occupied facility.

a. After conducting an abatement with containment between abated and unabated areas, one dust sample shall must be taken from one interior window sill and from one window trough (if present) and one dust sample shall must be taken from the floors of each of no less than four rooms, hallways, or stairwells within the containment area. In addition, one dust sample shall must be taken from the floor outside the containment area. If there are less fewer than four rooms, hallways, or stairwells within the containment area, then all rooms, hallways or, and stairwells shall must be sampled.

b. After conducting an abatement with no containment, two dust samples shall must be taken from each of no less than four rooms, hallways, or stairwells in the residential dwelling or child-occupied facility. One dust sample shall must be taken from one interior window sill and window trough (if present), and one dust sample shall must be taken from the floor of each room, hallway, or stairwell selected. If there are less fewer than four rooms, hallways, or stairwells within the residential dwelling or child-occupied facility, then all rooms, hallways, or and stairwells shall must be sampled.

c. Following an exterior paint abatement, a visual inspection shall must be conducted. All horizontal surfaces in the outdoor living area closest to the abated surfaces shall must be found to be cleaned of visible dust and debris. In addition, a visual inspection shall must be conducted to determine the presence of paint chips on the dripline or next to the foundation below any exterior surface abated. If paint chips are present, they must be removed from the site and properly disposed of, according to all applicable federal, state, and local requirements.

5. The rooms, hallways, or stairwells selected for sampling shall must be selected according to documented methodologies.

6. The licensed inspector or licensed risk assessor shall must compare the residual lead level (as determined by the laboratory analysis) from each single surface dust sample with the clearance levels, as established in 40 CFR Part 745 Subpart D 40 CFR 745.227(e)(8), for lead in dust on floors, interior window sills, and window troughs or from each composite dust sample with the applicable clearance levels for lead in dust on floors, interior window sills, and window troughs divided by half the number of subsamples in the composite sample. If the residual lead level in a single surface dust sample equals or exceeds the applicable clearance level or if the residual lead level in a composite dust sample equals or exceeds the applicable clearance level divided by half the number of subsamples in the composite sample, the components represented by the failed sample shall must be recleaned and retested.

7. In multi-family dwellings with similarly constructed and maintained residential dwellings, random sampling for the purpose of clearance may be conducted, provided:

a. The licensed individuals who abate or clean the residential dwellings do not know which residential dwelling will be selected for the random sample.

b. A sufficient number of residential dwellings are selected for dust sampling to provide a 95% level of confidence that no more than 5.0% or 50 dwellings (whichever is less) in the randomly sampled population exceed the appropriate clearance levels.

c. The randomly selected residential dwellings shall must be sampled and evaluated for clearance according to the procedures found in this chapter.

18VAC15-30-651. Composite dust sampling.

Composite dust sampling may be used in situations specified in 18VAC15-30-520 through 18VAC15-30-610. If such sampling is conducted, the following conditions shall apply:

1. Composite dust samples shall must consist of at least two aliquots subsamples;

2. Every component that is being tested shall must be included in the sampling; and

3. Composite dust samples shall must not consist of aliquots subsamples taken from more than one type of component.

18VAC15-30-760. Responsibility to the public.

The primary obligation of the licensee is to the public. If the licensee's judgment is overruled under circumstances and not adhered to when advising appropriate parties of circumstances of a substantial threat to the public health, safety, health, property, and welfare of the public are endangered, the licensee shall will inform the employer or client, as applicable, of the possible consequences and notify appropriate authorities if the situation is not resolved. The licensee shall take such action only when his authority to correct a problem has been ignored or overruled.

18VAC15-30-770. Public statements. (Repealed.)

A. The licensee shall be truthful in all matters relating to the performance of lead abatement or lead consulting services.

B. When serving as an expert or technical witness, the licensee shall express an opinion only when it is based on an adequate knowledge of the facts in issue and on a background of technical competence in the subject matter. Except when appearing as an expert witness in court or an administrative proceeding when the parties are represented by counsel, the licensee shall issue no statements, reports, criticisms, or arguments on matters relating to practices which are inspired or paid for by an interested party or parties, unless one has prefaced the comment by disclosing the identities of the party or parties on whose behalf the licensee is speaking, and by revealing any self-interest.

C. Licensees or applicants shall not knowingly make a materially false statement, submit falsified documents, or fail to disclose a material fact requested in connection with an application submitted to the board by any individual or business entity for licensure or renewal.

18VAC15-30-780. Solicitation of work. (Repealed.)

In the course of soliciting work:

1. The licensee shall not bribe.

2. The licensee shall not falsify or permit misrepresentation of the licensee's work or an associate's academic or professional qualifications, nor shall the licensee misrepresent the degree of responsibility for prior assignments.

3. Materials used in the solicitation of employment shall not misrepresent facts concerning employers, employees, associate joint ventures, or past accomplishments of any kind.

4. Materials used in the solicitation of services shall not misrepresent facts of approval, federal, or state requirements.

18VAC15-30-790. Professional responsibility. (Repealed.)

A. The licensee or accredited lead training provider shall, upon request or demand, produce to the board, or any of its representatives, any plan, document, book, record or copy thereof in his possession concerning a transaction covered by this chapter, and shall cooperate in the investigation of a complaint filed with the board against a licensee or accredited lead training provider.

B. A licensee shall not use the design, plans, or work of another licensee with the same type of license without the original's knowledge and consent, and after consent, a thorough review to the extent that full responsibility shall be assumed by the user.

C. Accredited lead training providers shall admit board representatives for the purpose of conducting an on-site audit, or any other purpose necessary to evaluate compliance with this chapter and other applicable laws and regulations.

D. Each licensee shall keep his board-approved training and license current.

18VAC15-30-795. Response to inquiry and provision of records.

A. A licensee must respond within 10 days to a request by the board or any of its agents regarding any complaint filed with the department.

B. Unless otherwise specified by the board, a licensee of the board must produce to the board or any of its agents within 10 days of the request any document, book, or record concerning any transaction pertaining to a complaint filed in which the licensee was involved or for which the licensee is required to maintain records. The board may extend such timeframe upon a showing of extenuating circumstances prohibiting delivery within such 10-day period.

C. No licensee will provide a false, misleading, or incomplete response to the board or any of its agents seeking information in the investigation of a complaint filed with the board.

D. With the exception of the requirements of subsection A or B of this section, a licensee must respond to an inquiry by the board or its agent within 21 days.

18VAC15-30-800. Good standing in other jurisdictions Notice of adverse action.

A. Licensees, accredited lead training providers, training managers, or principal instructors who perform lead project designs, lead inspections, lead risk assessments, lead-based paint abatement training, lead contracting or lead abatement supervisor work in other jurisdictions shall be in good standing in every jurisdiction where licensed, certified, or approved and shall not have had a license, certification, or approval suspended, revoked, or surrendered in connection with a disciplinary action. B. Licensees A licensee, accredited lead training providers provider, training managers manager, or principal instructors shall instructor must notify the board in writing no later than 10 days after the final disciplinary action taken by another jurisdiction against their license or approval to conduct lead-based paint activities. of the following:

1. Any disciplinary action taken by any jurisdiction, board, or administrative body, including any (i) reprimand; (ii) license or certificate revocation, suspension, or denial; (iii) monetary penalty; (iv) requirement for remedial education; or (v) other corrective action against the individual's license or approval to conduct lead-based paint activities.

2. Any voluntary surrendering of a related license, certificate, or registration done in connection with a disciplinary action in another jurisdiction against the individual's license or approval to conduct lead-based paint activities.

3. Any conviction, finding of guilt, or plea of guilty, regardless of adjudication or deferred adjudication, in any jurisdiction of the United States of any (i) felony; (ii) misdemeanor conviction related to environmental remediation activity; and (iii) misdemeanor conviction, excluding marijuana convictions, there being no appeal pending therefrom or the time for appeal having lapsed.

B. The notice must be made to the board in writing within 30 days of the action. A copy of the order or other supporting documentation must accompany the notice.

C. Licensees, accredited lead training providers, training managers, or principal instructors may be subject to disciplinary action or removal of a lead training program accreditation for disciplinary actions taken by another jurisdiction.

18VAC15-30-810. Grounds for denial of application, denial of renewal, or discipline disciplinary action.

A. The board shall have has the authority power to reprimand, fine any licensee or accredited lead training provider, training manager or principal instructor, and to deny renewal, to, or suspend, to or revoke or to deny application for any the license or training program approval as an accredited lead training program, accredited lead training provider, training manager or principal instructor provided for under Chapter 5 of Title 54.1 of the Code of Virginia for:

1. Violating or inducing another person to violate any of the provisions of Chapter 1, 2, 3, or 5 of Title 54.1 of the Code of Virginia, or any of the provisions of this chapter.

2. Obtaining a license, approval as an accredited lead training program, approval as an accredited lead training provider or approval as a training manager or principal instructor through fraudulent means.

3. Altering, falsifying or issuing a fraudulent Virginia lead license or a training certificate issued by an accredited lead training provider.

4. Violating any provision of any federal or state regulation pertinent to lead-based paint activities.

5. Having been found guilty by the board, another regulatory authority, or by a court, of any misrepresentation in the course of performing his operating duties.

6. Subject to the provisions of § 54.1-204 of the Code of Virginia, having been convicted or found guilty, regardless of adjudication in any jurisdiction of the United States, of any felony or of any misdemeanor involving lying, cheating, or stealing, or of any violation while engaged in environmental remediation activity that resulted in the significant harm or the imminent and substantial threat of significant harm to human health or the environment, there being no appeal pending therefrom or the time for appeal having elapsed. Any plea of nolo contendere shall be considered a conviction for the purposes of this chapter. A certified copy of the final order, decree or case decision by a court or regulatory agency with lawful authority to issue such order, decree or case decision shall be admissible as prima facie evidence of such conviction or discipline.

7. Failing to notify the board in writing within 30 days of pleading guilty or nolo contendere or being convicted or found guilty of any felony or of any misdemeanor involving lying, cheating, or stealing or of any violation while engaged in environmental remediation activity that resulted in the significant harm or the imminent threat of significant harm to human health or the environment.

8. Negligence, or a continued pattern of incompetence, in the practice of the discipline in which a lead license is held.

9. Failing or neglecting to send any information or documentation that was requested by the board or its representatives.

10. Refusing to allow state or federal representatives access to any area of an abatement site for the purpose of lawful compliance inspections.

11. Any unlawful act or violation of any provision of Chapter 5 of Title 54.1 of the Code of Virginia or of the regulations of the board by any lead abatement supervisor or lead abatement worker may be cause for disciplinary action against the lead abatement contractor for whom he works if it appears to the satisfaction of the board that the lead abatement contractor knew or should have known of the unlawful act or violation.

12. Failing to notify the board in writing within 30 days after any change in address or name.

13. Acting as or being an ostensible licensee for undisclosed persons who do or will control or direct, directly or indirectly, the operations of the licensee's business.

14. Failing to keep board-approved training and license current of any licensee or training provider in accordance with § 54.1-516 of the Code of Virginia or this chapter when the licensee or training provider has been found to have violated or cooperated with others in violating any provision of Chapter 1 (§ 54.1-100 et seq.), 2 (§ 54.1-200 et seq.), 3 (§ 54.1-300 et seq.), or 5 (§ 54.1-500 et seq.) of Title 54.1 of the Code of Virginia or this chapter.

B. Any individual or firm whose license, approval as an accredited lead or training program, approval as an accredited lead training provider or approval as a training manager or principal instructor is revoked under this section shall will not be eligible to reapply for a period of one year 12 months from the effective date of the final order of revocation. The individual or firm shall meet all education, experience, and training requirements, complete the application, and submit the required fee for consideration as a new applicant.

C. The board shall conduct disciplinary procedures in accordance with §§ 2.2-4019 and 2.2-4021 of the Administrative Process Act Any unlawful act or violation of any provision of Chapter 5 of Title 54.1 of the Code of Virginia or of the regulations of the board by any lead supervisor or lead worker may be cause for disciplinary action against the lead contractor for whom the individual works if it appears to the satisfaction of the board that the lead contractor knew or should have known of the unlawful act or violation.

18VAC15-30-815. Prohibited acts.

The following acts are prohibited and any violation may result in disciplinary action by the board:

1. Violating, inducing another to violate, cooperating with another to violate, or combining or conspiring with or acting as agent, partner, or associate for another to violate any of the provisions of Chapter 1 (§ 54.1-100 et seq.), 2 (§ 54.1-200 et seq.), 3 (§ 54.1-300 et seq.) or 5 (§ 54.1-500 et seq.) of Title 54.1 of the Code of Virginia or any regulations of the board.

2. Obtaining or attempting to obtain a license or training program approval by false or fraudulent representation or maintaining, renewing, or reinstating a license or training program approval by false or fraudulent representation.

3. Failing to notify the board in writing within 30 days after any change in address or name.

4. Having been convicted, found guilty, or disciplined in any jurisdiction of any offense or violation enumerated in 18VAC15-30-800. Review of convictions will be subject to the requirements of § 54.1-204 of the Code of Virginia.

5. Failing to notify the board in writing within 30 days of being convicted, found guilty, or disciplined in any jurisdiction of any offense or violation enumerated in 18VAC15-30-800.

6. Violating any provision of any federal or state regulation pertinent to lead-based paint activities.

7. Committing any action constituting negligence, misconduct, or incompetence in the practice of the profession, including:

a. Having undertaken to perform or performed a professional assignment that the licensee is not qualified to perform by education, experience, training, or appropriate licensure.

b. Not demonstrating reasonable care, judgment, or application of the required knowledge, skill, and ability in the performance of the licensee's duties.

c. Failing to act in a manner that safeguards the interests of the public when providing professional services.

8. Committing any action constituting engaging in improper, fraudulent, or dishonest conduct, including:

a. Making any misrepresentation or engaging in acts of fraud or deceit in advertising, soliciting, or in providing professional services.

b. Allowing a license issued by the board to be used by another.

c. Altering, falsifying, or issuing a fraudulent Virginia lead license or a training certificate.

9. Acting as or being an ostensible licensee for undisclosed persons who do or will control or direct, directly or indirectly, the operations of a licensee's business.

10. Failing or neglecting to submit information or documentation requested by the board or its representatives.

11. Refusing to allow state or federal representatives access to any area of an abatement site for the purpose of lawful compliance inspections.

18VAC15-30-820. Suspension or revocation of approval of an accredited lead training provider. (Repealed.)

A. The board may suspend, revoke, or modify an accredited lead training program's approval if an accredited lead training provider, training manager, or other person with supervisory authority over the training program has:

1. Misrepresented the contents of a training course to the board or the student population.

2. Failed to submit required information or notification in a timely manner.

3. Failed to submit training program notifications as required and in the manner described in 18VAC15-30-420.

4. Failed to submit training program participant lists as required and in the manner described in 18VAC15-30-420.

5. Failed to maintain required records.

6. Falsified accreditation records, qualifications of the training manager and principal instructors, or other accreditation information.

7. Failed to comply with the federal, state, or local lead-based paint statutes or regulations.

8. Acted as an ostensible licensee for undisclosed persons who do or will control or direct, directly or indirectly, the operations of the accredited lead training provider's business.

B. The board shall conduct disciplinary procedures in accordance with §§ 2.2-4019 and 2.2-4021 of the Administrative Process Act.