TITLE 1. ADMINISTRATION

DEPARTMENT OF GENERAL SERVICES

Fast-Track Regulation

Title of Regulation: 1VAC30-20. Survey Standards for the Inspection of Hospitals for the Presence of Asbestos (repealing 1VAC30-20-10 through 1VAC30-20-120:2).

Statutory Authority: § 2.2-1102 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: July 16, 2025.

Effective Date: August 1, 2025.

Agency Contact: Kimberly Freiberger, Policy Planning Specialist III, Department of General Services, 1100 Bank Street, Suite 420, Richmond, VA 23219, telephone (804) 786-3311, or email kimberly.freiberger@dgs.virginia.gov.

Basis: Section 2.2-1102 of the Code of Virginia provides the legal authority for the Department of General Services to repeal the regulation.

Purpose: Repealing these standards will not have any negative impact on public health, safety, and welfare. Although the department no longer has the authority to promulgate these regulations, under § 32.1-126.1 of the Code of Virginia, the State Health Commissioner ensures that hospitals follow the appropriate asbestos inspection standards. Accordingly, the current level of protection for public health, safety, and welfare of Virginians will remain the same after the repeal of these standards.

Rationale for Fast-Track Rulemaking Process: Because the department no longer has authority to promulgate these regulations, the department expects the repeal of this chapter to be noncontroversial and appropriate for a fast-track rulemaking action.

Substance: The amendments repeal Survey Standards for the Inspection of Hospitals for the Presence of Asbestos (1VAC30-20).

Issues: There are no known disadvantages to the amendments for businesses, citizens, or the Commonwealth. The primary advantage for the Commonwealth is a reduction in regulatory 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. The Department of General Services (DGS) proposes to repeal asbestos survey standards for hospitals as it lacks statutory authority to regulate such buildings.

Background. According to DGS, there was a growing public awareness of the link between the inhalation of asbestos fibers and various diseases such as asbestosis, mesothelioma, lung and other cancers in 1987. As a result of these concerns, the General Assembly enacted Chapter 534 of the 1985 Acts of Assembly that directed DGS to develop standards for the inspection of public schools buildings of all types to identify asbestos. This was expanded in 1988 by Chapter 723 of the 1988 Acts of Assembly to include buildings of all types, and it was pursuant to that mandate that this regulation was adopted in January 1989. However, Chapter 660 of the 1993 Acts of Assembly narrowed DGS authority by amending the text to only include standards for the inspection of state-owned and local education agency buildings of all types. Essentially, the 1993 legislation removed DGS authority for Survey Standards for the Inspection of Hospitals for the Presence of Asbestos (1VAC30-20). However, the regulation has been inadvertently left in the Virginia Administrative Code for over 30 years. DGS now proposes to repeal this obsolete regulation in this action.

Estimated Benefits and Costs. Since the proposal would repeal this regulation that has been obsolete for over 30 years, no significant economic impact is expected other than eliminating a potential source of confusion for the readers of this regulation.

Businesses and Other Entities Affected. The proposed repeal of this obsolete regulation may benefit readers by eliminating a potential source of confusion. No entity appears to be disproportionately affected. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.² 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.³ The proposal does not increase costs or reduce benefits for any entity. Thus, no adverse impact is indicated.

Small Businesses⁴ Affected.⁵ The proposed repeal does not adversely affect small businesses.

Localities⁶ Affected.⁷ The proposal does not introduce costs for localities, nor does it affect any locality disproportionately.

Projected Impact on Employment. The proposed repeal of this regulation does not affect total employment.

Effects on the Use and Value of Private Property. No effects on the use and value of private property nor on real estate development costs are expected.

_____________________________

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 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.

³ 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.

⁴ 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."

⁵ 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.

⁶ "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.

⁷ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The Department of General Services concurs with the economic impact analysis prepared by the Department of Planning and Budget.

Summary:

The amendments repeal Survey Standards for the Inspection of Hospitals for the Presence of Asbestos (1VAC30-20). Chapter 660 of the 1993 Acts of Assembly amended § 2.1-526.14 of the Code of Virginia, narrowing Department of General Services (DGS) authority to promulgate standards for the inspection of state-owned and local education agency buildings of all types and removing DGS authority to promulgate the survey standards for inspection of buildings for non-state-owned buildings, including hospitals. Because DGS no longer has the authority to issue regulations of standards for inspection of buildings that are non-state-owned, it has determined that 1VAC30-20 should be repealed.

TITLE 1. ADMINISTRATION

DEPARTMENT OF GENERAL SERVICES

Fast-Track Regulation

Title of Regulation: 1VAC30-30. Survey Standards for the Inspection of Child Care Centers for the Presence of Asbestos (repealing 1VAC30-30-10 through 1VAC30-30-120:2).

Statutory Authority: § 2.2-1102 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: July 16, 2025.

Effective Date: August 1, 2025.

Agency Contact: Kimberly Freiberger, Policy Planning Specialist III, Department of General Services, 1100 Bank Street, Suite 420, Richmond, VA 23219, telephone (804) 205-3861, or email kimberly.freiberger@dgs.virginia.gov.

Basis: Section 2.2-1102 of the Code of Virginia provides the legal authority for the Department of General Services to repeal the regulation.

Purpose: Repealing these standards will not have any negative impact on public health, safety, and welfare. Although the department no longer has the authority to promulgate these regulations, under § 32.1-126.1 of the Code of Virginia, the Superintendent of Public Instruction ensures that child day centers follow the appropriate asbestos inspection standards. Accordingly, the current level of protection for public health, safety, and welfare of Virginians will remain the same after the repeal of these standards.

Rationale for Fast-Track Rulemaking Process: Because the department no longer has authority to promulgate these regulations, the department expects the repeal of this chapter to be noncontroversial and appropriate for a fast-track rulemaking action.

Substance: The amendments repeal Survey Standards for the Inspection of Child Care Centers for the Presence of Asbestos (1VAC30-30).

Issues: There are no known disadvantages to the amendments for businesses, citizens, or the Commonwealth. The primary advantage for the Commonwealth is a reduction in regulatory 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. The Department of General Services (DGS) proposes to repeal asbestos survey standards for child care centers as it lacks statutory authority to regulate such buildings.

Background. According to DGS, there was a growing public awareness of the link between the inhalation of asbestos fibers and various diseases such as asbestosis, mesothelioma, lung and other cancers in 1987. As a result of these concerns, the General Assembly enacted Chapter 534 of the 1985 Acts of Assembly that directed DGS to develop standards for the inspection of public schools buildings of all types to identify asbestos. This was expanded in 1988 by Chapter 723 of the 1988 Acts of Assembly to include buildings of all types, and it was pursuant to that mandate that Survey Standards for the Inspection of Child Care Centers for the Presence of Asbestos (1VAC30-30) was adopted in January 1989. However, Chapter 660 of the 1993 Acts of Assembly narrowed DGS authority by amending the text to only include standards for the inspection of state-owned and local education agency buildings of all types. Essentially, the 1993 legislation removed DGS authority for this regulation. However, the regulation has been inadvertently left in the Virginia Administrative Code for over 30 years. DGS now proposes to repeal this obsolete regulation in this action.

Estimated Benefits and Costs. Since the proposal would repeal this regulation that has been obsolete for over 30 years, no significant economic impact is expected other than eliminating a potential source of confusion for the readers of this regulation.

Businesses and Other Entities Affected. The proposed repeal of this obsolete regulation may benefit readers by eliminating a potential source of confusion. No entity appears to be disproportionately affected. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.² 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.³ The proposal does not increase costs or reduce benefits for any entity. Thus, no adverse impact is indicated.

Small Businesses⁴ Affected.⁵ The proposed repeal does not adversely affect small businesses.

Localities⁶ Affected.⁷ The proposal does not introduce costs for localities, nor does it affect any locality disproportionately.

Projected Impact on Employment. The proposed repeal of this regulation does not affect total employment.

Effects on the Use and Value of Private Property. No effects on the use and value of private property nor on real estate development costs are expected.

_____________________________

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 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.

³ 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.

⁴ 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."

⁵ 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.

⁶ "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.

⁷ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The Department of General Services concurs with the economic impact analysis prepared by the Department of Planning and Budget.

Summary:

The amendments repeal Survey Standards for the Inspection of Child Care Centers for the Presence of Asbestos (1VAC30-30). Chapter 660 of the 1993 Acts of Assembly amended § 2.1-526.14 of the Code of Virginia narrowing Department of General Services (DGS) authority to promulgate standards for the inspection of state-owned and local education agency buildings of all types and removing DGS authority to promulgate the survey standards for inspection of buildings for non-state-owned buildings, including child day centers. Since DGS no longer has authority to issue regulations of standards for inspection of buildings that are non-state-owned, the department has determined that 1VAC30-30 should be repealed.

TITLE 4. CONSERVATION AND NATURAL RESOURCES

MARINE RESOURCES COMMISSION

Final Regulation

Title of Regulation: 4VAC20-950. Pertaining to Black Sea Bass (amending 4VAC20-950-45).

Statutory Authority: § 28.2-201 of the Code of Virginia.

Effective Date: June 1, 2025.

Agency Contact: Zachary Widgeon, Director of Communications, Marine Resources Commission, 380 Fenwick Road Building 96, Fort Monroe, VA 23651, telephone (757) 414-0713, FAX (757) 247-2002, or email zachary.widgeon@mrc.virginia.gov.

Summary:

The amendments move the start date of the 2025 fall black sea bass recreational fishing season to August 5, 2025, to comply with the Interstate Fishery Management Plan for black sea bass, which requires a payback of all landings of black sea bass taken during the special February recreational season.

4VAC20-950-45. Recreational possession limits and seasons.

A. It shall be unlawful for any person fishing with hook-and-line, rod and reel, spear, gig, or other recreational gear to possess more than 15 black sea bass. When fishing from a recreational vessel where the entire catch is held in a common hold or container, the possession limit shall be for that vessel and shall be equal to the number of persons on board legally licensed to fish, multiplied by 15. The captain or operator of the vessel shall be responsible for that vessel possession limit. Any black sea bass taken after the possession limit has been reached shall be returned to the water immediately.

B. Possession of any quantity of black sea bass that exceeds the possession limit described in subsection A of this section shall be presumed to be for commercial purposes.

C. The open recreational fishing season shall be from May 15 through July 15 and August 4 5 through December 31.

D. It shall be unlawful for any person fishing recreationally to take, catch, or possess any black sea bass, except during an open recreational season.

E. From February 1 through the last day of February, it shall be unlawful for any person to possess or land any black sea bass harvested from a recreational vessel, unless the captain or operator of that recreational vessel has obtained a Recreational Black Sea Bass Permit from the Marine Resources Commission (commission).

1. The captain or operator shall be responsible for reporting for all anglers on the recreational vessel and shall provide that captain's or that operator's Marine Resources Commission identification (MRC ID) number, the date of fishing, the number of persons on board, the mode of fishing, and the number of black sea bass kept or released. That report shall be submitted to the commission on forms provided by the commission or through the Virginia Saltwater Fisherman's Journal.

a. It shall be unlawful for any permittee to fail to report each trip where black sea bass were targeted, whether black sea bass were harvested, released, or not caught, by March 15 of the current calendar year.

b. It shall be unlawful for any permittee who did not take any fishing trips to target black sea bass in the February recreational black sea bass season to fail to report lack of participation by March 15 of the current calendar year.

2. It shall be unlawful for any permittee to fail to contact the Law Enforcement Operations at 1-800-541-4646 before or immediately after the start of each fishing trip. The permittee shall provide the Law Enforcement Operations with the permittee's name, MRC ID number, the point of landing, a description of the vessel, estimated return to shore time, and a contact telephone number.

3. Any permittee shall allow the commission to sample the vessel's catch to obtain biological information for scientific and management purposes.

TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

Fast-Track Regulation

Title of Regulation: 8VAC20-25. Technology Standards for Instructional Personnel (repealing 8VAC20-25-10, 8VAC20-25-20, 8VAC20-25-30).

Statutory Authority: § 22.1-16 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: July 16, 2025.

Effective Date: July 31, 2025.

Agency Contact: Jim Chapman, Director of Board Relations, Department of Education, James Monroe Building, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 750-8750, or email jim.chapman@doe.virginia.gov.

Basis: The State Board of Education's overall regulatory authority is found in § 22.1-16 of the Code of Virginia.

Purpose: Following a periodic review of this chapter, the State Board of Education identified this chapter as unnecessary for public health, safety, and welfare, and that the chapter does not comport with the current statutory requirements.

Rationale for Using Fast-Track Rulemaking Process: The chapter is not necessary to protect public health, safety, and welfare and does not comport with the current statutory requirements; therefore, repealing it should be noncontroversial.

Substance: The amendments repeal 8VAC20-25.

Issues: The primary advantage to the public and the Commonwealth is a reduction in regulatory requirements, as there is no longer a continued need for the regulation. There are no disadvantages to the public or the Commonwealth.

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. The Board of Education (board) proposes to repeal Technology Standards for Instructional Personnel (8VAC20-25).

Background. This regulation, promulgated in 1988, sets out technology standards including that instructional personnel shall be able to demonstrate effective use of a computer system and utilize computer software. According to the Department of Education (DOE), "the role of technology in daily life, and education has changed significantly since the chapter was originally promulgated. The regulation was designed to facilitate technological proficiency in an era before the current expansion of technology into daily life and education (through smartphones, the internet social media, learning management systems, etc.). Today's education delivery is far more dependent on technology than when these regulations were promulgated, and school divisions have responded appropriately." Further, section 8VAC20-23-40 of Licensure Regulations for School Personnel previously required individuals seeking initial licensure to demonstrate proficiency in using of educational technology for instruction. The standards for such proficiency were set by 8VAC20-25. However, the requirement was removed from 8VAC20-23 on April 15, 2021. Accordingly, the Board proposes to repeal Technology Standards for Instructional Personnel, as it is no longer used (8VAC 20-25).

Estimated Benefits and Costs. DOE confirms that the regulation is not currently doing anything in the regulatory environment. Thus, repealing it would have no impact beyond reducing potential confusion among readers of regulations.

Businesses and Other Entities Affected. The regulation pertains to the instructional personnel in the 131 school divisions in the Commonwealth. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.² 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.³ As repealing the regulation neither increases net cost nor reduces net benefit for any entity, no adverse impact is indicated.

Small Businesses⁴ Affected.⁵ Repealing the regulation does not adversely affect small businesses.

Localities⁶ Affected.⁷ Repealing the regulation neither disproportionally affects particular localities nor affects costs for local governments.

Projected Impact on Employment. Repealing the regulation does not affect employment.

Effects on the Use and Value of Private Property. Repealing the regulation neither affects the use and value of private property nor costs related to the development of real estate.

_____________________________

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 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.

³ 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.

⁴ 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."

⁵ 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.

⁶ "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.

⁷ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The State Board of Education thanks the Department of Planning and Budget for its thorough economic impact analysis.

Summary:

The amendments repeal Technology Standards for Instructional Personnel (8VAC20-25).

TITLE 8. EDUCATION

VIRGINIA COMMONWEALTH UNIVERSITY

Final Regulation

Title of Regulation: 8VAC90-60. Weapons Regulation (amending 8VAC90-60-20).

Statutory Authority: § 23.1-1301 of the Code of Virginia.

Effective Date: June 16, 2025.

Agency Contact: Jason Block, Senior Compliance and Policy Analyst, Virginia Commonwealth University, 901 West Franklin Street, P.O. Box 842527, Richmond, VA 23284, telephone (804) 828-2336, FAX (804) 828-1887, or email blockj2@vcu.edu.

Summary:

The amendment allows the Chief of the Virginia Commonwealth University (VCU) Police Department, with concurrence of the President of VCU, to authorize personnel with security responsibilities other than police officers to carry a weapon on campus if that individual meets necessary training standards.

8VAC90-60-20. Possession of weapons prohibited.

Possession or carrying of any weapon by any person, except a police officer, is prohibited on university property in academic buildings, administrative office buildings, medical venues, clinics, laboratories, research facilities, student residence buildings, and dining facilities; or while attending sporting, entertainment, or educational events. Entry upon the aforementioned university property described in this section in violation of this prohibition is expressly forbidden. The Chief of the Virginia Commonwealth University (VCU) Police Department, with concurrence of the President of VCU or the president's designee, may authorize specific university employees with security responsibilities to possess or carry a weapon. Such employees must meet or exceed the training standards of the Department of Criminal Justice Services for law-enforcement officers.

TITLE 12. HEALTH

STATE BOARD OF HEALTH

Fast-Track Regulation

Title of Regulation: 12VAC5-421. Food Regulations (amending 12VAC5-421-3460).

Statutory Authority: §§ 35.1-11 and 35.1-14 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: July 16, 2025.

Effective Date: July 31, 2025.

Agency Contact: Kristin Marie Clay, Hearings and Legal Services Officer, Office of Environmental Health Services, Virginia Department of Health, 109 Governor Street, Fifth Floor, Richmond, VA 23219, telephone (804) 864-7474, or email kristin.clay@vdh.virginia.gov.

Basis: Section 35.1-11 of the Code of Virginia requires the State Board of Health to make, adopt, promulgate, and enforce regulations necessary to protect the public health and safety, including the use of precautions to prevent the transmission of communicable diseases, hygiene, sanitation, safety, and physical plant management. Section 35.1-14 of the Code of Virginia authorizes the board to promulgate regulations governing restaurants.

Purpose: The amendments allow (i) properly trained food establishment employees to act as a first line of response to serious medical emergencies where time is of the essence and remain in compliance with the regulatory standards pertaining to storage of medication on the premises of a restaurant and (ii) day care centers with a license to operate as a food establishment to store the medications of the children within their care. Current regulatory sections are in conflict and the amendments will resolve this issue while protecting the health, safety, or welfare of individuals who may have an anaphylactic reaction in a restaurant.

Rationale for Using Fast-Track Rulemaking Process: Chapter 853 of the 2020 Acts of Assembly authorizes any employee of a licensed restaurant to possess and administer epinephrine on the premises of a restaurant at which the employee is employed, provided that such employee is authorized by a prescriber and is trained in the administration of epinephrine. Without a regulatory amendment, the possession or storage of epinephrine on the premises of a food establishment is prohibited. The amendments remove this conflict, allowing the storage of not only epinephrine, but other life-saving medications such as insulin, inhalers, and over-the-counter medication, in day care centers. For these reasons, the regulatory action is expected to be noncontroversial and appropriate for the fast-track rulemaking process.

Substance: The amendments allow the storage of (i) epinephrine on the premises of a food establishment and (ii) medication for children attending day care in a facility that also has a food establishment license.

Issues: The primary advantage of the amendments to the public is the accessibility of epinephrine to properly trained food establishment employees to assist facility patrons who are experiencing anaphylaxis due to an allergic reaction. In the event of an allergic reaction, food establishment staff can serve as the first response to administer aid until medical professionals arrive to further assist. In addition, the amendments allow the storage of epinephrine in a food refrigerator of a day care center. This is particularly advantageous when space is limited in a facility. There are no known disadvantages to the public.

The amendments provide clarity to agency staff during inspections of day cares and industry staff regarding when medication is allowed on site. Clarity in the administration of the regulations is an advantage to the agency. By having epinephrine on site, restaurants can enhance customer and employee safety, reduce the risk of severe reactions, and demonstrate a commitment to catering to individuals with allergies. Any change to regulatory language that is proactive in anaphylaxis prevention is advantageous to all citizens in the Commonwealth. There are no known disadvantages to the agency or the Commonwealth.

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. The State Board of Health (board) proposes to amend 12VAC5-421 Food Regulations to specify that food establishments may store epinephrine and medicines for the use of children in a day care center. The existing regulation contains an extensive definition of "food establishment" that is not being amended by this proposed action.²

Background. The current 12VAC5-421-3460 states³ "A. Except for medicines that are stored or displayed for retail sale, only those medicines that are necessary for the health of employees shall be allowed in a food establishment. B. Medicines that are in a food establishment for the employees' use shall be labeled as specified under 12VAC5-421-3320 and located to prevent the contamination of food, equipment, utensils, linens, and single-service and single-use articles." Amendments Pertaining to Epinephrine from Chapter 853 of the 2020 Acts of Assembly states "Pursuant to an order or a standing protocol issued by the prescriber within the course of his professional practice, and in accordance with policies and guidelines established by the Department of Health, such prescriber may authorize any employee of a restaurant⁴ licensed pursuant to Chapter 3 (§ 35.1-18 et seq.) of Title 35.1 to possess and administer epinephrine on the premises of the restaurant at which the employee is employed, provided that such person is trained in the administration of epinephrine." Consequently, the board proposes to amend 12VAC5-421-3460 to indicate that food establishments may store epinephrine. Amendments Pertaining to Medicines for the Use of Children in a Day Care Center 12VAC5-421-3470 states that "Medicines belonging to employees or to children in a day care center that require refrigeration and are stored in a food refrigerator shall be: 1. Stored in a package or container and kept inside a covered, leakproof container that is identified as a container for the storage of medicines; and 2. Located so they are inaccessible to children." This text indicates that medication belonging to children in a day care center can be stored in a food refrigerator on the premises of the day care food establishment.⁵ This could be interpreted to conflict⁶ with 12VAC5-421-3460, which states "Except for medicines that are stored or displayed for retail sale, only those medicines that are necessary for the health of employees shall be allowed in a food establishment. To eliminate the conflict, the board proposes to amend 12VAC5-421-3460 to state that food establishments may store medicines for the use of children in a day care center.

Estimated Benefits and Costs. According to the Mayo Clinic, epinephrine injection is used for emergency treatment of severe allergic reactions (including anaphylaxis) to insect bites or stings, medicines, foods, or other substances. It is also used to treat anaphylaxis caused by unknown substances or triggered by exercise.⁷ Anaphylaxis is a life-threatening type of allergic reaction.⁸ Thus, allowing food establishments to store epinephrine has the potential to save lives. Virginia Department of Health (VDH) staff are not aware of any incidences of food establishments associated with child day care centers having been found in violation for storing medication for children on the premises. Nevertheless, the proposal to amend 12VAC5-421-3460 to state that food establishments may store medicines for the use of children in a day care center may be beneficial in that food establishments associated with child day care centers could know with certainty that they may do so.

Businesses and Other Entities Affected. The proposed amendments would potentially affect the food establishments that choose to obtain and store epinephrine on the premises. VDH has issued permits to more than 30,000 food establishments.⁹ It is not known how many would choose to obtain and store epinephrine. There are approximately 1,500 food establishments that are associated with child day care centers.¹⁰ To the extent that some have refrained from storing medication for children on the premises due to uncertainty on the law, they may also be affected even if they do not have plans to store epinephrine. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.¹¹ An adverse impact is indicated if there is any increase in net cost or reduction in net revenue for any entity, even if the benefits exceed the costs for all entities combined. The proposed amendments neither add cost nor reduce revenue. Thus, no adverse impact is indicated.

Small Businesses¹² Affected.¹³ The proposed amendments do not appear to adversely affect small businesses.

Localities¹⁴ Affected.¹⁵ The proposed amendments do not appear to disproportionally affect particular localities or increase costs for local governments.

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

Effects on the Use and Value of Private Property. The proposal to allow food establishments to store epinephrine would likely lead to some such entities doing so. It would not likely substantively affect the value of these businesses. 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 Food establishment is defined in the regulation as an operation that (i) stores, prepares, packages, serves, vends food directly to the consumer, or otherwise provides food to the public for human consumption, such as a restaurant, satellite or catered feeding location, catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people, market, vending location, conveyance used to transport people, institution, or food bank, and (ii) relinquishes possession of food to a consumer directly or indirectly through a delivery service, such as home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers. Further, the regulation states a food establishment includes (i) an element of the operation such as a transportation vehicle or a central preparation facility that supplies a vending location or satellite feeding location unless the vending or feeding location is permitted under this chapter; and (ii) an operation that is conducted in a mobile, stationary, temporary, or permanent facility or location where consumption is on or off the premises and regardless of whether there is a charge for the food. Lastly, the regulation states a food establishment does not include: 1. An establishment that offers only prepackaged food that is not time/temperature control for safety food; 2. A produce stand that only offers whole, uncut fresh fruits and vegetables; or 3. A food processing plant, including those that are located on the premises of a food establishment.

³ The text in the regulation includes superscripts that are not pertinent to the analysis in this report and have thus been removed from the quoted language.

⁴ According to the Virginia Department of Health (VDH), restaurant is synonymous with food establishment in the regulation. The agency states that it uses the word food establishment to be consistent with U.S. Food and Drug Administration model Food Code terminology.

⁵ According to VDH, a day care center that provides food service beyond the provision of prepackaged items that do not require temperature control would be operating as a food establishment.

⁶ See the third paragraph of the Mandate and Impetus section of the Agency Background Document: https://townhall.virginia.gov/l/GetFile.cfm?File=58\5941\9619\AgencyStatement_VDH_9619_v1.pdf.

⁷ See https://www.mayoclinic.org/drugs-supplements/epinephrine-injection-route/proper-use/drg-20072429?p=1.

⁸ See https://medlineplus.gov/ency/article/000844.htm.

⁹ Data source: VDH.

¹⁰ Ibid.

¹¹ 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.

¹² 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."

¹³ 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.

¹⁴ "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.

¹⁵ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The State Board of Health concurs with the economic impact analysis prepared by the Department of Planning and Budget.

Summary:

The amendments (i) allow storage of epinephrine on the premises of a food establishment pursuant to subdivision A 17 of § 8.01-225 of the Code of Virginia and (ii) allow storage of medication for children attending day care in a facility that also has a food establishment license.

12VAC5-421-3460. Medicines - restriction and storage.

A. Except for No food establishment may display medicines that are stored or displayed other than medicines for retail sale, only those medicines that are necessary for the health of employees shall be allowed in a food establishment.^Pf

B. No food establishment may store medicines other than the following:

1. Medicines for the use of children in a day care center;^P

2. Medicines that are referenced in § 8.01-225 A 17 of the Code of Virginia;^P and

3. Medicines that are necessary for the health of employees.^P

C. Medicines that are stored or displayed in a food establishment for the employees' use shall be labeled as specified under 12VAC5-421-3320 and located to prevent the contamination of food, equipment, utensils, linens, and single-service and single-use articles.^P

TITLE 13. HOUSING

BOARD OF HOUSING AND COMMUNITY DEVELOPMENT

Emergency Regulation

Title of Regulation: 13VAC5-63. Virginia Uniform Statewide Building Code (amending 13VAC5-63-240).

Statutory Authority: § 36-98 of the Code of Virginia.

Effective Dates: May 29, 2025, through November 28, 2026.

Agency Contact: Chase Sawyer, Policy and Legislative Services Manager, Department of Housing and Community Development, Main Street Centre, 600 East Main Street, Suite 300, Richmond, VA 23219, telephone (804) 310-5872, FAX (804) 371-7090, TDD (804) 371-7089, or email chase.sawyer@dhcd.virginia.gov.

Preamble:

Section 2.2-4011 A of the Code of Virginia states that regulations that an agency finds are necessitated by an emergency situation may be adopted upon consultation with the Attorney General, whose approval shall be granted only after the agency has submitted a request stating in writing the nature of the emergency, and the necessity for such action shall be at the sole discretion of the Governor.

The 2021 edition of the Virginia Construction Code (VCC) included changes regarding when a National Fire Protection Association (NFPA) 13R sprinkler system is permitted to be installed in a Group R occupancy building. The changes were intended to address podium buildings, but also had significant impacts on other Groups R-2 and R-3 occupancy buildings by greatly reducing the allowed building height, which in certain cases may limit construction to three stories. If unresolved, this issue would negatively impact residential construction by increasing costs and creating unnecessary delays to and increasing the price of housing production in the Commonwealth. These production delays and cost increases are then passed on to consumers. Virginia is already facing a housing shortfall and rising housing costs, so action must be taken to avoid further exacerbating the situation.

The emergency amendments resolve this issue by adjusting the current NFPA 13R sprinkler systems requirements within the VCC to apply the Group R-2 limitations of 2024 International Building Code (IBC) Section 903.3.1.2 to Group R-2 occupancies, allowing Group R-3 occupancies up to 60 feet above grade plane to be protected by an NFPA 13R sprinkler system as they were under the 2018 VCC and in line with what is being considered for amendments for the 2027 IBC.

13VAC5-63-240. Chapter 9 Fire protection systems.

A. Change Item 2 of Section 903.2.1.2 of the IBC to read:

2. The fire area has an occupant load of 100 or more in night clubs or 300 or more in other Group A-2 occupancies.

B. Change Item 2 of Section 903.2.1.3 of the IBC to read:

2. In Group A-3 occupancies other than places of religious worship, the fire area has an occupant load of 300 or more.

C. Delete Item 3 and change Item 1 of Section 903.2.3 of the IBC to read:

1. Throughout all Group E fire areas greater than 20,000 square feet (1858 m²) in area.

D. Add Exception 4 to Section 903.2.6 to read:

4. An automatic sprinkler system shall not be required for open-sided or chain link-sided buildings and overhangs over exercise yards 200 square feet (18.58 m²) or less in Group I-3 facilities, provided such buildings and overhangs are of noncombustible construction.

E. Delete Section 903.2.7.2 of the IBC.

F. Change Section 903.2.8 of the IBC to read:

903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area, except for Group R-2 occupancies listed in the exceptions to this section when the necessary water pressure, volume, or both for the system is not available:

Exceptions:

1. Group R-2 occupancies that do not exceed two stories, including basements that are not considered as a story above grade, and with a maximum of 16 dwelling units per fire area. Each dwelling unit shall have at least one door opening to an exterior exit access that leads directly to the exits required to serve that dwelling unit.

2. Group R-2 occupancies where all dwelling units are not more than two stories above the lowest level of exit discharge and not more than one story below the highest level of exit discharge of exits serving the dwelling unit and a two-hour fire barrier is provided between each pair of dwelling units. Each bedroom of a dormitory or boarding house shall be considered a dwelling unit under this exception.

G. Change Section 903.3.1.2 to the IBC to read:

903.3.1.2 NFPA 13R sprinkler systems. Automatic sprinkler systems in Group R occupancies shall be permitted to be installed throughout in accordance with NFPA 13R where the Group R occupancy meets all of the following conditions:

1. Four stories or fewer above grade plane.

2. For other than Groups R-2 and R-3 occupancies, the floor level of the highest story is 30 feet (9144 mm) or less above the lowest level of fire department vehicle access.

3. For Group R-2 occupancies, the roof assembly is less than 45 feet (13716 mm) above the lowest level of fire department vehicle access. The height of the roof assembly shall be determined by measuring the distance from the lowest required fire vehicle access road surface adjacent to the building to the eave of the highest pitched roof, the intersection of the highest roof to the exterior wall, or the top of the highest parapet, whichever yields the greatest distance.

4. The floor level of the lowest story is 30 feet (9144 mm) or less below the lowest level of fire department vehicle access.

The number of stories of Group R occupancies constructed in accordance with Sections 510.2 and 510.4 shall be measured from grade plane.

H. Add Item 5 to Section 903.3.1.2.3 of the IBC to read:

5. Sprinkler protection shall be provided for attics in buildings of Type III, IV, or V construction in Group R-2 occupancies that are designed or developed and marketed to senior citizens 55 years of age or older and in Group I-1 occupancies in accordance with Section 7.2 of NFPA 13R.

H. I. Add Section 903.3.5.1.1 to the IBC and change Section 903.3.5.2 of the IBC to Section 903.3.5.1.2; both to read as follows:

903.3.5.1.1 Limited area sprinkler systems. Limited area sprinkler systems serving fewer than 20 sprinklers on any single connection are permitted to be connected to the domestic service where a wet automatic standpipe is not available. Limited area sprinkler systems connected to domestic water supplies shall comply with each of the following requirements:

1. Valves shall not be installed between the domestic water riser control valve and the sprinklers.

Exception: An approved indicating control valve supervised in the open position in accordance with Section 903.4.

2. The domestic service shall be capable of supplying the simultaneous domestic demand and the sprinkler demand required to be hydraulically calculated by NFPA 13, NFPA 13R, or NFPA 13D.

903.3.5.1.2 Residential combination services. A single combination water supply shall be allowed provided that the domestic demand is added to the sprinkler demand as required by NFPA 13R.

I. J. Delete Sections 903.3.8 through 903.3.8.5 of the IBC.

J. K. Change Section 903.4.2 of the IBC to read:

903.4.2 Alarms. Approved audible devices shall be connected to every automatic sprinkler system. Such sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Alarm devices shall be provided on the exterior of the building in an approved location. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system. Group R-2 occupancies that contain 16 or more dwelling units or sleeping units, any dwelling unit or sleeping unit two or more stories above the lowest level of exit discharge, or any dwelling unit or sleeping unit more than one story below the highest level of exit discharge of exits serving the dwelling unit or sleeping unit shall provide a manual fire alarm box at an approved location to activate the suppression system alarm.

K. L. Change Section 905.3.1 of the IBC to read:

905.3.1 Height. Class III standpipe systems shall be installed throughout buildings where four or more stories are above or below grade plane, the floor level of the highest story is located more than 30 feet (9144 mm) above the lowest level of fire department vehicle access, or where the floor level of the lowest story is located more than 30 feet (9144 mm) below the highest level of fire department vehicle access.

Exceptions:

1. Class I standpipes are allowed in buildings equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2.

2. Class I manual wet standpipes are allowed in buildings equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1 or Section 903.3.2 and where the highest floor is located not more than 150 feet (45,720 mm) above the lowest level of fire department vehicle access.

3. Class I manual standpipes are allowed in open parking garages where the highest floor is located not more than 150 feet (45,720 mm) above the lowest level of fire department vehicle access.

4. Class I manual dry standpipes are allowed in open parking garages that are subject to freezing temperatures, provided that the hose connections are located as required for Class II standpipes in accordance with Section 905.5.

5. Class I standpipes are allowed in basements equipped throughout with an automatic sprinkler system.

6. In determining the lowest level of fire department vehicle access, it shall not be required to consider either of the following:

6.1. Recessed loading docks for four vehicles or less.

6.2. Conditions where topography makes access from the fire department vehicle to the building impractical or impossible.

L. M. Change Item 1 of Section 906.1 of the IBC to read:

1. In Groups A, B, E, F, H, I, M, R-1, R-4, and S occupancies.

Exceptions:

1. In Groups A, B, and E occupancies equipped throughout with quick response sprinklers, portable fire extinguishers shall be required only in locations specified in Items 2 through 6.

2. In Group I-3 occupancies, portable fire extinguishers shall be permitted to be located at staff locations and the access to such extinguishers shall be permitted to be locked.

M. N. Change Section 907.2.1.1 of the IBC to read:

907.2.1.1 System initiation in Group A occupancies with an occupant load of 1,000 or more and in certain night clubs. Activation of the fire alarm in Group A occupancies with an occupant load of 1,000 or more and in night clubs with an occupant load of 300 or more shall initiate a signal using an emergency voice and alarm communications system in accordance with Section 907.5.2.2.

Exception: Where approved, the prerecorded announcement is allowed to be manually deactivated for a period of time, not to exceed three minutes, for the sole purpose of allowing a live voice announcement from an approved, constantly attended location.

N. O. Change Section 907.2.3 of the IBC to read:

907.2.3 Group E. A manual fire alarm system that activates the occupant notification system meeting the requirements of Section 907.5 and installed in accordance with Section 907.6 shall be installed in Group E occupancies. When automatic sprinkler systems or smoke detectors are installed, such systems or detectors shall be connected to the building fire alarm system.

Exceptions:

1. A manual fire alarm system is not required in Group E occupancies with an occupant load of 50 or less.

2. Manual fire alarm boxes are not required in Group E occupancies where all of the following apply:

2.1. Interior corridors are protected by smoke detectors.

2.2. Auditoriums, cafeterias, gymnasiums, and similar areas are protected by heat detectors or other approved detection devices.

2.3. Shops and laboratories involving dusts or vapors are protected by heat detectors or other approved detection devices.

3. Manual fire alarm boxes shall not be required in Group E occupancies where the building is equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, the occupant notification system will activate on sprinkler water flow and manual activation is provided from a normally occupied location.

O. P. Change Section 907.3.2 of the IBC to read:

907.3.2 Special locking systems. Where special locking systems are installed on means of egress doors in accordance with Section 407.4.1.1 or 1010.2.13, an automatic detection system shall be installed as required by that section.

P. Q. Add an exception to Section 907.5.2.1.1 of the IBC to read:

Exception: Sound pressure levels in Group I-3 occupancies shall be permitted to be limited to only the notification of occupants in the affected smoke compartment.

Q. R. Delete Exception 1 from Section 907.5.2.3 and change the following row in Table 907.5.2.3.2 (portions of table not shown remain) of the IBC to read:

TABLE 907.5.2.3.2 VISIBLE ALARMS
NUMBER OF SLEEPING UNITS OR DWELLING UNITS	SLEEPING ACCOMMODATIONS WITH VISIBLE ALARMS

R. S. Change Section 909.6 of the IBC to read:

909.6 Pressurization method. When approved by the building official, the means of controlling smoke shall be permitted by pressure differences across smoke barriers. Maintenance of a tenable environment is not required in the smoke-control zone of fire origin.

S. T. Change Section 911.1.3 of the IBC to read:

911.1.3 Size. The fire command center shall be a minimum of 96 square feet (9 m²) in area with a minimum dimension of eight feet (2438 mm).

Exception: Where it is determined by the building official, after consultation with the fire official, that specific building characteristics require a larger fire command center, the building official may increase the minimum required size of the fire command center up to 200 square feet (19 m²) in area with a minimum dimension of up to 10 feet (3048 mm).

T. U. Delete Section 912.2.2 of the IBC.

U. V. Change Sections 912.4 and 912.4.2 of the IBC to read:

912.4 Access. Immediate access to fire department connections shall be provided without obstruction by fences, bushes, trees, walls, or any other fixed or moveable object. Access to fire department connections shall be approved by the fire official.

Exception: Fences, where provided with an access gate equipped with a sign complying with the legend requirements of this section and a means of emergency operation. The gate and the means of emergency operation shall be approved by the fire official.

912.4.2 Clear space around connections. A working space of not less than 36 inches (762 mm) in width, 36 inches (914 mm) in depth, and 78 inches (1981 mm) in height shall be provided in front of and to the sides of wall-mounted fire department connections and around the circumference of free-standing fire department connections, except as otherwise required or approved by the fire official.

V. W. Replace Section 915 of the IBC with the following:

915.1 Carbon monoxide alarms. Carbon monoxide alarms shall comply with this section.

915.2 Group I or R. Group I or R occupancies located in a building containing a fuel-burning appliance or in a building that has an attached garage shall be equipped with single-station carbon monoxide alarms. The carbon monoxide alarms shall be listed as complying with UL 2034 and be installed and maintained in accordance with NFPA 720 and the manufacturer's instructions. An open parking garage, as defined in Chapter 2, or an enclosed parking garage ventilated in accordance with Section 404 of the IMC shall not be considered an attached garage.

Exception: Sleeping units or dwelling units that do not themselves contain a fuel-burning appliance or have an attached garage but that are located in a building with a fuel-burning appliance or an attached garage, need not be equipped with single-station carbon monoxide alarms provided that:

1. The sleeping unit or dwelling unit is located more than one story above or below any story that contains a fuel-burning appliance or an attached garage;

2. The sleeping unit or dwelling unit is not connected by duct work or ventilation shafts to any room containing a fuel-burning appliance or to an attached garage; and

3. The building is equipped with a common area carbon monoxide alarm system.

915.3 Group E. Classrooms in Group E occupancies located in a building containing a fuel-burning appliance or in a building that has an attached garage or small engine or vehicle shop shall be equipped with single-station carbon monoxide alarms. The carbon monoxide alarms shall be listed as complying with UL 2034 and be installed and maintained in accordance with NFPA 720 and the manufacturer's instructions. An open parking garage, as defined in Chapter 2, or an enclosed parking garage ventilated in accordance with Section 404 of the IMC shall not be considered an attached garage.

Exception: Classrooms that do not themselves contain a fuel-burning appliance or have an attached garage but are located in a building with a fuel-burning appliance or an attached garage, need not be equipped with single-station carbon monoxide alarms provided that:

1. The classroom is located more than 100 feet from the fuel burning appliance or attached garage or located more than one story above or below any story which contains a fuel-burning appliance or attached garage; and

2. The classroom is not connected by duct work or ventilation shafts to any room containing a fuel-burning appliance.

915.4 Carbon monoxide detection systems. Carbon monoxide detection systems, which include carbon monoxide detectors and audible notification appliances, installed and maintained in accordance with this section for carbon monoxide alarms and NFPA 720 shall be permitted. The carbon monoxide detectors shall be listed as complying with UL 2075.

W. X. Change the title of IBC Section 918 to read:

In-Building Emergency Communications Coverage.

X. Y. Change Section 918.1 of the IBC to read:

918.1 General. For localities utilizing public safety wireless communications, dedicated infrastructure to accommodate and perpetuate continuous in-building emergency communication equipment to allow emergency public safety personnel to send and receive emergency communications shall be provided in new buildings and structures in accordance with this section.

Exceptions:

1. Buildings of Use Groups A-5, I-4, within dwelling units of R-2, R-3, R-4, R-5, and U.

2. Buildings of Types IV and V construction without basements that are not considered unlimited area buildings in accordance with Section 507.

3. Above grade single story buildings of less than 20,000 square feet.

4. Buildings or leased spaces occupied by federal, state, or local governments or the contractors thereof with security requirements where the building official has approved an alternative method to provide emergency communication equipment for emergency public safety personnel.

5. Where the owner provides technological documentation from a qualified individual that the structure or portion thereof does not impede emergency communication signals.

6. Buildings in localities that do not provide the additional communication equipment required for the operation of the system.

Y. Z. Add Sections 918.1.1, 918.1.2, and 918.1.3 to the IBC to read:

918.1.1 Installation. In-building two-way emergency responder communication coverage systems shall comply with Sections 510.4 and 510.5 of the International Fire Code, except that the acceptance testing procedure required by Section 510.5.4 of the International Fire Code shall be the responsibility of the locality. The building owner shall install cabling. The cable shall be installed in dedicated conduits, raceways, plenums, attics, or roofs and compatible for these specific installations as well as other applicable provisions of this code. The locality shall be responsible for the installation of any additional communication equipment required for the operation of the system.

918.1.2 Operations. The locality will assume all responsibilities for the operation and maintenance of the emergency communication equipment. The building owner shall provide sufficient operational space within the building to allow the locality access to and the ability to operate in-building emergency communication equipment.

918.1.3 Inspection. In accordance with Section 113.3, all installations shall be inspected prior to concealment.

Z. AA. Add Section 918.2 to the IBC to read:

918.2 Acceptance test. Upon completion of installation, after providing reasonable notice to the owner or the owner's representative, emergency public safety personnel shall have the right during normal business hours or other mutually agreed upon time to enter onto the property to conduct field tests to verify that the required level of radio coverage is present at no cost to the owner. Any noted deficiencies in the installation of the radiating cable or operational space shall be provided in an inspection report to the owner or the owner's representative.

TITLE 14. INSURANCE

STATE CORPORATION COMMISSION

Proposed Regulation

Title of Regulation: 14VAC5-342. Rules Governing Standards for the Content of Homeowners Insurance Policies (amending 14VAC5-342-40).

Statutory Authority: § 38.2-223 of the Code of Virginia.

Public Hearing Information: A public hearing will be held upon request.

Public Comment Period: July 15, 2025.

Agency Contact: Jackie Myers, Chief Insurance Market Examiner, Bureau of Insurance, State Corporation Commission, P.O. Box 1157, Richmond, VA 23218, telephone (804) 371-9630, or email jackie.myers@scc.virginia.gov.

Summary:

The proposed amendments change required limits for homeowner insurance policies to provide (i) not less than 5.0% of the dwelling limit of liability for other structures and (ii) not less than 25% of the dwelling limit of liability for household and personal property.

AT RICHMOND, MAY 9, 2025

COMMONWEALTH OF VIRGINIA, ex rel.

STATE CORPORATION COMMISSION

CASE NO. INS-2025-00048

Ex Parte: In the matter of amending Rules

Governing Standards for the Content of

Homeowners Insurance Policies

ORDER ESTABLISHING PROCEEDING

Section 12.1-13 of the Code of Virginia (Code) provides, in relevant part, that "[i]n the administration and enforcement of all laws within its jurisdiction, the [State Corporation Commission (Commission)] shall have the power to promulgate rules and regulations[.]" Section 38.2-223 of the Code provides that the Commission may issue any rules and regulations necessary or appropriate for the administration and enforcement of Title 38.2 of the Code. Section 38.2-2108 of the Code provides that the Commission may establish standards for the content of policies written to insure owner-occupied dwellings issued or delivered in the Commonwealth. The rules issued by the Commission pursuant to §§ 38.2-223 and 38.2-2108 of the Code are set forth in Title 14 of the Virginia Administrative Code.¹

The Bureau of Insurance (Bureau) has submitted to the Commission proposed amendments to the Rules Governing Standards for the Content of Homeowners Insurance Policies (14VAC5-342-10 et seq.) (Rules). Specifically, the Bureau proposes amending (1) 14VAC5-342-40 B 1 to allow insurers to provide, at the request of the named insured, any limit of liability for other structures of not less than 5% of the dwelling limit of liability; and (2) 14VAC5-342-40 C 1 to allow insurers to provide, at the request of the named insured, any limit of liability for household and personal property of not less than 25% of the dwelling limit of liability.² Currently, these limits of liability may not be less than 10% and 50% of the dwelling limit of liability, respectively.

The Bureau has recommended to the Commission that the proposed Amended Rules should be considered for adoption, with an effective date of October 1, 2025.

NOW THE COMMISSION, upon consideration of this matter, is of the opinion and finds that a proceeding should be established to consider amending the Rules. To initiate this proceeding, the Bureau has prepared the proposed Amended Rules, which are appended to this Order Establishing Proceeding (Order). The Commission finds that notice of the proposed Amended Rules should be given to the public, and that interested persons should be provided an opportunity to file written comments on, propose modifications or supplements to, or request a hearing on the proposed Amended Rules for adoption with a proposed effective date of October 1, 2025.

Accordingly, IT IS ORDERED THAT:

(1) This case is docketed and assigned Case No. INS-2025-00048.

(2) All comments and other documents and pleadings filed in this matter shall be submitted electronically to the extent authorized by Rule 5VAC5-20-150, Copies and format, of the Commission’s Rules of Practice and Procedure.³ Confidential and Extraordinarily Sensitive Information shall not be submitted electronically and shall comply with Rule 5VAC5-20-170, Confidential information, of the Rules of Practice. Any person seeking to hand deliver and physically file or submit any pleading or other document shall contact the Clerk’s Office Document Control Center at (804) 371-9838 to arrange the delivery.

(3) On or before July 15, 2025, any interested person may comment on, propose modifications or supplements to, or request a hearing on the proposed Amended Rules by following the instructions on the Commission's website: scc.virginia.gov/casecomments/Submit-Public-Comments. Those unable, as a practical matter, to submit such documents electronically may file such comments by U.S. mail to the Clerk of the State Corporation Commission, c/o Document Control Center, P.O. Box 2118, Richmond, Virginia, 23218-2118. All documents shall refer to Case No. INS-2025-00048. Any request for hearing shall state why a hearing is necessary and why the issues raised in the request for hearing cannot be addressed adequately in written comments.

(4) The Bureau shall file its response to any comments filed pursuant to Ordering Paragraph (3) on or before August 1, 2025.

(5) If a sufficient request for hearing is not received, the Commission may consider the matter and enter an order based upon the comments, documents or other pleadings filed in this proceeding.

(6) The Bureau shall provide notice of this Order to all carriers licensed in Virginia to write fire and homeowners insurance and to any other interested persons as the Bureau may designate.

(7) The Commission's Office of General Counsel shall provide a copy of this Order, together with the proposed Amended Rules, to the Virginia Registrar of Regulations for appropriate publication in the Virginia Register of Regulations.

(8) Interested persons may download unofficial copies of the Order and the Proposed Amendments from the Commission’s website: scc.virginia.gov/pages/case-information.

(9) This matter is continued.

A COPY hereof shall be sent by the Clerk of the Commission to: C. Meade Browder, Jr., Senior Assistant Attorney General, at MBrowder@oag.state.va.us, Office of the Attorney General, Division of Consumer Counsel, 202 North 9th Street, 8th Floor, Richmond, Virginia 23219-3424; and the Commission's Office of General Counsel and the Bureau of Insurance in care of Deputy Commissioner Zuhairah Tillinghast.

14VAC5-342-40. Mandatory property coverages.

A. Insurers shall provide coverage to the dwelling on the residence premises, including fixtures.

1. Insurers shall also provide coverage for materials and supplies while located on the residence premises and intended for use in construction, alteration, or repair of the dwelling or other structures.

2. For a dwelling that is a condominium unit, insurers shall provide a limit of liability of at least $5,000 for the dwelling and fixtures that are the responsibility of the condominium unit owner.

B. Insurers shall provide coverage for other structures and the fixtures of other structures on the residence premises.

1. Insurers shall provide a limit of liability of at least 10% of the dwelling limit of liability. Upon request of the named insured, an insurer may provide any other limit of liability for other structures coverage that is not less than 5.0% of the dwelling limit of liability.

2. Insurers may exclude coverage for other structures that are used for business or rented or held for rental unless the structure is (i) rented to roomers, boarders, or tenants of the dwelling or (ii) rented for use solely as a private garage.

3. For condominium units, insurers shall provide coverage for other structures and fixtures of other structures that are the responsibility of the condominium unit owner.

C. Insurers shall provide coverage for household and personal property owned or used by an insured while it the property is anywhere in the world.

1. Insurers shall provide a limit of liability for household and personal property coverage that is at least 50% of the dwelling limit of liability. Upon request of the named insured, an insurer may provide any other limit of liability for household and personal property coverage that is not less than 25% of the dwelling limit of liability. For condominium units, the limit of liability for household and personal property shall be determined by the insured and the insurer.

2. At the request of the named insured at the time of loss, insurers shall provide coverage for household and personal property owned by a:

a. Guest while in a residence occupied by an insured;

b. Residence employee while the property is in a residence occupied by an insured; and

c. Residence employee while the residence employee is engaged in the service of an insured and the property is in the physical custody of the residence employee.

3. Insurers shall provide coverage for the insured's property (i) on the residence premises during an occasional rental; or (ii) on the part of the residence premises occupied by roomers, boarders, or tenants.

4. Insurers shall provide coverage for household and personal property while it is being moved to the insured's new principal residence within the United States. Insurers shall provide coverage for property while it is being moved for 30 days from the date that moving the property begins. The household and personal property limit of liability applies to property being moved to another location. If the move began during the policy term, coverage may not be limited by the expiration of the policy.

5. Insurers shall provide coverage for household and personal property while it is usually located away from the residence premises. Insurers shall provide a limit of liability for this coverage that is at least 10% of the limit of liability specified for household and personal property, but not less than $1,000.

6. Insurers shall provide coverage for the following types of household and personal property at limits of at least the following:

a. $500 total per loss on cemetery property on or off the residence premises, including monuments, headstones, grave markers, and urns.

b. $100 total per loss on coin collections, medals, gold, platinum, and silver, provided, that neither goldware and nor gold-plated ware shall not be deemed to be gold, and neither silverware and nor silver-plated ware shall not be deemed to be silver.

c. $500 total per loss on passports, tickets, or stamp collections.

d. $1,500 total per loss for theft of jewelry, precious and semi-precious stones, and furs, and articles containing fur that represent its the article's principal value; if open causes of loss are provided, insurers may also apply this limit to misplacing or losing this property.

e. $500 total per loss for theft of guns and related accessories; if open causes of loss are provided, insurers may also apply this limit to misplacing or losing this property.

f. $1,000 total per loss on watercraft, trailers used with watercraft, and watercraft furnishings, equipment, and motors. This limit does not apply to rowboats or canoes.

g. $500 on trailers, semi-trailers, and campers not otherwise covered in this chapter.

D. Insurers shall provide coverage for the expenses incurred for the removal of debris of covered property damaged by a covered cause of loss and the expense for the removal of fallen trees that damage covered property.

1. Expenses for debris removal are included within the limit of liability applicable to the damaged property, except as provided in subdivision 2 of this subsection.

2. When the amount payable for the damage to the property plus the expense of debris removal exceeds the limit of liability for the damaged property, insurers shall provide an additional 5.0% of the limit of liability applicable to the damaged covered property for debris removal expenses.

3. Insurers may not apply depreciation to debris removal expenses.

E. Insurers shall provide coverage for contractual fire department service charges and volunteer fire department service charges as follows:

1. Contractual fire department service charges where a fire department is called to save or protect insured property from a covered cause of loss. Insurers may limit this coverage to a residence premises not located within the limits of a city, municipality, or fire protection district furnishing fire department services.

2. Fire department service charges made by volunteer fire departments pursuant to § 38.2-2130 of the Code of Virginia.

3. Insurers shall provide at least $250 of coverage for each type of fire department service charges.

4. Insurers may not apply a deductible or depreciation to the coverages in subdivisions 1 and 2 of this subsection.

F. Insurers shall offer ordinance or law coverage, subject to the exclusions or limitations within this chapter, pursuant to § 38.2-2124 of the Code of Virginia at the dwelling limit of liability within the policy or as an endorsement. This limit of liability is in addition to the limit of liability applicable to the dwelling. Insurers may make other limits of liability available for insureds to purchase. Insurers may not apply depreciation to this coverage. When ordinance or law coverage is provided within the policy or as an endorsement, subdivision C 1 c of 14VAC5-342-60 does not apply.

G. Insurers shall offer coverage for water that backs up through sewers or drains, subject to the exclusions or limitations within this chapter, pursuant to § 38.2-2120 of the Code of Virginia at the dwelling limit of liability within the policy or as an endorsement. This limit of liability is in addition to the limit of liability applicable to the dwelling. Insurers may make other limits of liability available for insureds to purchase. Insurers may not apply depreciation to this coverage. When coverage for water that backs up through sewers or drains is provided within the policy or as an endorsement, subdivision C 1 a (2) of 14VAC5-342-60 does not apply.

H. Insurers shall provide coverage of at least 20% of the dwelling limit of liability for the increase in necessary living expenses when the dwelling is uninhabitable due to a covered cause of loss. Insurers shall provide coverage of at least 20% of the household and personal property limit of liability for condominium units.

1. Insurers shall provide this coverage for the time reasonably required to return the dwelling to a habitable condition or for the insured's household to become settled in any permanent quarters.

2. Insurers shall provide additional living expense coverage for at least two weeks while a civil authority limits access to the residence premises as a result of damage to neighboring premises by a covered cause of loss.

3. Insurers may exclude living expenses that do not continue.

4. This coverage is not limited by the expiration date of the policy.

5. Insurers may not apply a deductible to this coverage.

I. Insurers shall provide coverage of at least 20% of the dwelling limit of liability for the fair rental value of any part of the dwelling or other structure. Insurers shall provide at least 20% of the household and personal property limit of liability for condominium units.

1. Insurers shall provide this coverage for the time reasonably required to restore the dwelling or other structures to a tenantable condition following damage caused by a covered cause of loss.

2. Insurers shall provide fair rental value coverage for at least two weeks while a civil authority limits access to the residence premises as a result of damage to neighboring premises by a covered cause of loss.

3. Insurers may exclude expenses that do not continue.

4. Insurers may exclude coverage for loss or expense due to cancellation of a lease or agreement.

5. This coverage is not limited by the expiration date of the policy.

6. Insurers may not apply a deductible to this coverage.

J. Insurers shall provide coverage for damage to trees, shrubs, plants, or lawns caused by fire, lightning, explosion, riot, civil commotion, vandalism, malicious mischief, theft, aircraft, or vehicles not owned or operated by a resident of the residence premises.

1. Insurers shall provide a limit of liability for this coverage of at least 5.0% of the dwelling limit of liability.

2. Insurers may limit the amount of coverage to no more than $500 for each tree, shrub, or plant on the premises. The limit of coverage includes debris removal coverage when the tree, plant, or shrub does not cause damage to covered property.

K. Insurers shall provide coverage for loss or damage to property while removed or being removed from the residence premises because the property is endangered by a covered cause of loss.

1. Coverage is provided for damage from any cause subject to the exclusions and limitations permitted in this chapter.

2. Insurers shall provide this coverage for at least 30 days for each removal.

3. This coverage is not limited by the expiration date of the policy.

4. This coverage does not increase the limit of liability that applies to the damaged covered property.

L. Insurers shall provide coverage for the cost of making reasonable repairs to protect covered property from further damage when the repairs are directly attributable to damage caused by a covered cause of loss. The repairs are included as part of the amount of the loss.

M. Insurers shall pay the cost incurred to tear out and replace the part of the dwelling or other structure necessary to gain access to the system or appliance from which the water or steam escaped if a loss to the dwelling or other structures is caused by water or steam escaping from a system or appliance. Insurers may exclude loss to the system or appliance from which the water or steam escapes. Insurers may not apply depreciation to this coverage.

N. Insurers shall provide coverage for direct physical loss to the dwelling, other structures, and household and personal property involving collapse of a dwelling or other structure or any part of a dwelling or other structure:

1. Caused by one or more of the following:

a. The causes of loss in subsection C of 14VAC5-342-50;

b. Hidden decay;

c. Hidden insect or vermin damage;

d. Weight of contents, equipment, animals, or people;

e. Weight of rain that collects on a roof; or

f. Use of defective materials or methods in construction, remodeling, or renovation if the collapse occurs during the construction, remodeling, or renovation.

2. Loss to an awning, fence, patio, pavement, swimming pool, underground pipe, flue, drain, cesspool, septic tank, foundation, retaining wall, bulkhead, pier, wharf, or dock is not included under subdivisions 1 b through 1 f of this subsection, unless the loss is a direct result of the collapse of a building.

3. Collapse does not include settling, cracking, shrinking, bulging, or expansion. A building that is in danger of falling down or caving in is not in a state of collapse.

4. This coverage does not increase the limit of liability applicable to the damaged covered property.

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF ACCOUNTANCY

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Accountancy intends to consider amending 18VAC5-22, Board of Accountancy Regulations. The purpose of the proposed action is to revise the regulation to respond to Chapters 523 and 539 of the 2025 Acts of Assembly, which (i) eliminate the 150-hour education requirement for certified public accountant licensure, (ii) outline three additional licensure pathways, and (iii) redefine requirements regarding substantial equivalency and practice privilege. The proposed amendments in this document aim to revise corresponding VBOA regulations to ensure compliance with the new statutes.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 54.1-4402 and 54.1-4403 of the Code of Virginia.

Public Comment Deadline: July 16, 2025.

Agency Contact: Alessandra Gabriel, Information and Policy Advisor, Board of Accountancy, 9960 Mayland Drive, Suite 402, Henrico, VA 23233, telephone (804) 367-0728, FAX (804) 527-4409, TDD (804) 367-9753, or email alessandra.gabriel@boa.virginia.gov.

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD FOR ARCHITECTS, PROFESSIONAL ENGINEERS, LAND SURVEYORS, CERTIFIED INTERIOR DESIGNERS AND LANDSCAPE ARCHITECTS

Final Regulation

Title of Regulation: 18VAC10-20. Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects Regulations (amending 18VAC10-20-90, 18VAC10-20-170, 18VAC10-20-280, 18VAC10-20-400, 18VAC10-20-470, 18VAC10-20-630, 18VAC10-20-670, 18VAC10-20-680).

Statutory Authority: §§ 54.1-201, and 54.1-404 of the Code of Virginia.

Effective Date: August 1, 2025.

Agency Contact: Kathleen R. Nosbisch, Executive Director, Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers, and Landscape Architects, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8514, FAX (866) 465-6206, or email apelscidla@dpor.virginia.gov.

Summary:

Pursuant to § 54.1-113 of the Code of Virginia, the amendments adjust fees charged by the board. Changes to the proposed regulation include (i) further adjusting fee schedules; (ii) adjusting renewal fee timeframes; (iii) adjusting reinstatement fees; and (iv) updating forms.

Summary of Public Comments and Agency's Response: No public comments were received by the promulgating agency.

18VAC10-20-90. Fee schedule.

All fees are nonrefundable and shall not be prorated.

Application for Initial Architect License	$75 [ $50 $150 ]
Application for Architect License by Comity	$75 [ $50 $150 ]
Renewal	$55 [ $95 $110 ]

18VAC10-20-170. Fee schedule.

All fees are nonrefundable and shall not be prorated.

Application for Engineer-in-Training Designation	[ $30 $60 ]
Application for Initial Professional Engineer License	$60 [ $50 $120 ]
Application for Professional Engineer License by Comity	$60 [ $50 $120 ]
Renewal	$80 [ $95 $160 ]

18VAC10-20-280. Fee schedule.

All fees are nonrefundable and shall not be prorated.

Application for Surveyor-in-Training Designation	$60 [ $30 $85 ]
Application for Initial Land Surveyor License	$90 [ $50 $150 ]
Application for Initial Surveyor Photogrammetrist License	$90 [ $50 $150 ]
Application for Initial Land Surveyor B License	$90 [ $50 $150 ]
Application for License by Comity	$90 [ $50 $150 ]
Renewal	$90 [ $95 $180 ]

18VAC10-20-400. Fee schedule.

All fees are nonrefundable and shall not be prorated.

Application for Initial Landscape Architect License	$125 [ $50 $150 ]
Application for Landscape Architect License by Comity	$125 [ $50 $150 ]
Renewal	$110 [ $95 $190 ]

18VAC10-20-470. Fee schedule.

All fees are nonrefundable and shall not be prorated.

Application for Initial Interior Designer Certification	$45 [ $50 $90 ]
Application for Interior Designer Certification by Comity	$45 [ $50 $90 ]
Renewal	$45 [ $95 $90 ]

18VAC10-20-630. Fee schedule.

All fees are nonrefundable and shall not be prorated.

Application for business entity registration	$90 [ $50 $180 ]
Application for business entity branch office registration	$45 [ $40 $90 ]
Renewal of business entity registration	$45 [ $105 $90 ]
Renewal of business entity branch office registration	$35 [ $75 $90 ]

18VAC10-20-670. Renewal.

A. Regulants shall not practice with an expired license, certificate, or registration. The following timeframes shall determine the required fees for renewal based on the date the fee is received in the board's office:

1. If the renewal fee is received by the board by the expiration date of the license, certificate, or registration, no additional fee shall be required to renew.

2. [ If the renewal fee is not received by the board within 30 days following the expiration date of the branch office registration, the registration shall be subject to the requirements of 18VAC10-20-680.

3. ] If the renewal fee is not received by the board within 30 days following the expiration date of the license [ , or ] certificate, [ or nonbranch office registration, ] a $25 [ $35 $50 ] late fee shall be required in addition to the renewal fee. [ For renewal of a business entity or branch office registration, a $50 late renewal fee shall be required in addition to the renewal fee. ]

[ 4. 3. ] If the renewal fee and applicable late fee are not received by the board within six months following the expiration date of the license, certificate, or nonbranch office registration, the reinstatement fee shall be required pursuant to 18VAC10-20-680.

B. Upon receipt of the required fee, licenses, certificates, and registrations not currently sanctioned by the board shall be renewed for a two-year period from their the previous expiration date.

C. Branch offices shall not renew or reinstate until the main office registration is properly renewed or reinstated.

D. The board may deny renewal of a license, certificate, or registration for the same reasons as it may refuse initial licensure, certification, or registration or for the same reasons that it may discipline a regulant for noncompliance with the standards of practice and conduct as well as the continuing education requirements contained in this chapter. The regulant 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. By submitting the renewal fee, the regulant is certifying continued compliance with the standards of practice and conduct as established by the board. In addition, by submitting the renewal fee, licensees are certifying their compliance with the continuing education requirements as contained in this chapter.

F. Failure to receive a renewal notice shall not relieve the regulant of the responsibility to renew. In the absence of a renewal notice, the regulant may submit a copy of the license, certificate, or registration with the required fee for renewal.

G. A license, certificate, or registration that is renewed shall be regarded as having been current without interruption and under the authority of the board.

H. Failure to pay any monetary penalty, reimbursement of cost, or other fee assessed by consent order or final order shall result in a delay or withholding of services provided by the department, such as, but not limited to, renewal, reinstatement, processing a new application, or exam administration.

[ 18VAC10-20-680. Reinstatement.

A. Applicants whose license, certificate, or main office registration has expired for more than six months, and applicants whose branch office registration has expired for more than 30 days, shall be required to submit a reinstatement application, which shall be evaluated by the board to determine if the applicant remains qualified to be a regulant of the board.

B. Applicants whose license or certificate has expired for more than five years shall be required to reapply for licensure or certification on the initial application and document experience from the date of expiration of the license or certificate to the present.

C. The board may require an exam, additional continuing education, or experience for architects, professional engineers, land surveyors, landscape architects, and interior designers whose license or certificate has expired for more than five years.

D. The board may deny reinstatement of a license, certificate, or registration for the same reasons as it may refuse initial licensure, certification, or registration or for the same reasons that it may discipline a regulant for noncompliance with the standards of practice and conduct, as well as the continuing education requirements, contained in this chapter. 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. The date the reinstatement fee is received in the board's office shall determine the amount to be paid pursuant to the following requirements:

1. Branch office registrations that have expired for more than 30 days shall require a reinstatement fee that shall equal the renewal fee plus $30.

2. Licenses, certificates, and main office registrations that have expired for more than six months, but less than five years, shall require a reinstatement fee that shall equal the renewal fee plus $100 $200.

3. 2. Licenses, certificates, and main office registrations that have expired for more than five years shall require a reinstatement fee that shall equal the renewal fee plus $250 $300.

F. Licensees shall remain under the disciplinary authority of the board at all times, regardless of whether the license is reinstated, pursuant to § 54.1-405 of the Code of Virginia.

G. A certificate or registration holder who reinstates shall be regarded as having been current and without interruption and under the authority of the board.

H. Failure to pay any monetary penalty, reimbursement of cost, or other fee assessed by consent order or final order shall result in a delay or withholding of services provided by the department such as, but not limited to, renewal, reinstatement, processing a new application, or exam administration. ]

[ FORMS (18VAC10-20)

License/Certificate Renewal Form (Architect, Professional Engineer, Land Surveyor, Surveyor Photogrammetrist, Landscape Architect, Interior Designer), A415-04REN-v1 (eff. 10/2011)

Architect License Application, 0401LIC_2018, (rev. 7/2018)

License/Certificate Renewal Form (Architect, Professional Engineer, Land Surveyor, Surveyor Photogrammetrist, Landscape Architect, Interior Designer), A415-04REN-vs3 (rev. 8/2025)

Architect License Application, A416-0401LIC-v3 (rev. 8/2025)

Verification of Architect Examination & Licensure Form, 0401ELV (rev. 4/2012)

Architect Experience Verification Form, 0401LIC_2018, (rev. 7/2018)

Architect Client Experience Verification Form, 0401CEXP (rev. 4/2012)

Architect Degree Verification Form, 0401DEG (rev. 4/2012)

Architect Reference Form, 0401REF_2018, (rev. 7/2018)

Architect License Reinstatement Application, 0401REI_2018, (rev. 7/2018)

Professional Engineer License Application, 0402LIC_2018, (rev. 7/2018)

Architect License Reinstatement Application, A416-0401REI-v2 (rev. 8/2025)

Professional Engineer License Application, A416-0402LIC-v7 (rev. 8/2025)

Professional Engineer Reference Form, 0402REF_2018, (rev. 7/2018)

Professional Engineer License Reinstatement Application, 0402REI_2018, (rev. 7/2018)

Professional Engineer License Reinstatement Application, A416-0402REI-v4 (rev. 8/2025)

Professional Engineer & Engineer-in-Training Degree Verification Form, 0402_20DEG (rev. 4/2012)

Professional Engineer & Engineer-in-Training Experience Verification Form, 0402_20EXP_2018, (rev. 7/2018)

Engineer Verification of Examination and Licensure Form, 0402_20ELV (rev. 4/2012)

Engineer-in-Training Designation Application, 0420DES_2018, (rev. 7/2018)

Engineer-in-Training Designation Application, A416-0420DES-v7 (rev. 8/2025)

Engineer-in-Training Reference Form, 0420REF_2018, (rev. 7/2018)

Course Requirements for Engineering Technology Program, 0402CREQ (rev. 4/2012)

Land Surveyor License Application, 0403LIC_2018, (rev. 7/2018)

Land Surveyor License Reinstatement Application, 0403REI_2018, (rev. 7/2018)

Land Surveyor B License Application, 0404LIC_2018, (rev. 7/2018)

Land Surveyor B License Reinstatement Application, 0404REI_2018, (rev. 7/2018)

Land Surveyor License Application, A416-0403LIC-v3 (rev. 8/2025)

Land Surveyor License Reinstatement Application, A416-0403REI-v2 (rev. 8/2025)

Land Surveyor B License Application, A416-0404LIC-v2 (rev. 8/2025)

Land Surveyor B License Reinstatement Application, A416-0404REI-v2 (rev. 8/2025)

Land Surveyor & Surveyor-in-Training Degree Verification Form, 0403_30DEG (rev. 4/2012)

Land Surveyor Verification of Examination and Licensure Form, 0403_30ELV (rev. 4/2012)

Land Surveyor & Surveyor-in-Training Experience Verification Form, 0403_30EXP_2018, (rev. 7/2018)

Surveyor Photogrammetrist License Application, 0408LIC_2018, (rev. 7/2018)

Surveyor Photogrammetrist License Application, A416-0408LIC-v3 (rev. 8/2025)

Surveyor Photogrammetrist Reference Form, 0408REF_2018, (rev. 7/2018)

Surveyor Photogrammetrist Experience Verification Form, 0408EXP_2018, (rev. 7/2018)

Surveyor Photogrammetrist License Reinstatement Application, 0408REI_2018, (rev. 7/2018)

Surveyor Photogrammetrist License Reinstatement Application, A416-0408REI-v3 (rev. 8/2025)

Surveyor Photogrammetrist Degree Verification Form, 0408DEG (rev. 4/2012)

Surveyor Photogrammetrist Verification of Examination and Licensure Form, 0408elvf (eff. 4/2012)

Surveyor-in-Training Designation Application, 0430DES_2018, (rev. 7/2018)

Landscape Architect License Application, 0406LIC_2018, (rev. 7/2018)

Surveyor-in-Training Designation Application, A416-0430DES-v4 (rev. 8/2025)

Landscape Architect License Application, A416-0406LIC-v2 (rev. 8/2025)

Landscape Architects Reference Form, 0406REF_2018, (rev. 7/2018)

Verification of Landscape Architect Examination and Licensure Form, 0406ELV (rev. 4/2012)

Landscape Architect Experience Verification Form for Examination and Comity Applicants, 0406EXP (rev. 4/2012)

Landscape Architect Degree Verification Form, 0406DEG (rev. 4/2012)

Landscape Architect License Reinstatement Application, 0406REI_2018, (rev. 7/2018)

Interior Designer Certificate Application, 0412CERT_2018, (rev. 7/2018)

Landscape Architect License Reinstatement Application, A416-0406REI-v2 (rev. 8/2025)

Interior Designer Certificate Application, A416-0412CERT-v3 (rev. 8/2025)

Interior Designer Certificate - Universal License Recognition (ULR) Application, A416-0412UNIV-v3 (8/2025)

Verification of Interior Designer Examination and Certification Form, 0412ELV (rev. 4/2012)

Interior Designer Degree Verification Form, 0412DEG (rev. 4/2012)

Interior Designer Experience Verification Form, 0412EXP_2018, (rev. 7/2018)

Interior Designer Certificate Reinstatement Application, 0412REI_2018, (rev. 7/2018)

Professional Corporation Registration Application (Professional Corporation Information Sheet), 04PCREG (rev. 4/2012)

Professional Corporation Branch Office Registration Application, 04BRPCREG (rev. 4/2012)

Business Entity Registration Application (Business Entity Information Sheet) 04BUSREG_2018, (rev. 7/2018)

Business Entity Branch Office Registration Application, 04BRBUSREG_2018, (rev. 7/2018)

Professional Limited Liability Company Registration Application (Professional Limited Liability Company Information Sheet) 04PLCREG (rev. 4/2012)

Professional Limited Liability Company Branch Office Registration Application, 04BRPLCREG (rev. 4/2012)

Interior Designer Certificate Reinstatement Application, A416-0412REI-v2 (rev. 8/2025)

Business Entity Registration/Reinstatement Application, A416-04BUSREG-v7 (rev. 8/2025)

Business Entity Registration Renewal Form, A416-0407REN-v3 (rev. 8/2025)

Business Entity Branch Office Registration/Reinstatement Application, A416-0411BRREG-v7 (rev. 8/2025)

Criminal Conviction Reporting Form, A406-01CCR-v1 (eff. 5/2015)

Disciplinary Action Reporting Form, A406-01DAR-v1 (eff. 5/2015)

Criminal Conviction - Supplemental Form, Requesting an Informal Fact Finding (IFF) Conference, A713-01IFF-v1 (eff. 1/2016) ]

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.

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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 1 (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.

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 1 (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.

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD FOR BARBERS AND COSMETOLOGY

Fast-Track Regulation

Titles of Regulations: 18VAC41-20. Barbering and Cosmetology Regulations (amending 18VAC41-20-140).

18VAC41-50. Tattooing Regulations (amending 18VAC41-50-130).

18VAC41-60. Body-Piercing Regulations (amending 18VAC41-60-90).

18VAC41-70. Esthetics Regulations (amending 18VAC41-70-120).

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

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: July 16, 2025.

Effective Date: August 1, 2025.

Agency Contact: Kelley Smith, Executive Director, Board for Barbers and Cosmetology, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8590, FAX (866) 245-9693, or email barbercosmo@dpor.virginia.gov.

Basis: Section 54.1-201 of the Code of Virginia authorizes the Board for Barbers and Cosmetology to levy and collect fees for certification or licensure and renewal that are sufficient to cover all expenses for the administration and operation of the regulatory board and a proportionate share of the expenses of the Department of Professional and Occupational Regulation (DPOR) and the Board for Professional and Occupational Regulation.

Purpose: The goal of this action is to adjust the board's fees in order to avoid delays in the licensing process, which would inhibit the department's ability to ensure that barbering, cosmetology, nail, waxing, tattooing, body-piercing, and esthetics services are performed in a manner that protects the public health, safety, and welfare of the Commonwealth.

Rationale for Using Fast-Track Rulemaking Process: This action is expected to be noncontroversial because fee adjustments for regulatory boards of the DPOR seldom receive negative comment from the regulated community or the public.

Substance: The amendments update fee schedules based on projected revenues and expenses that meet the requirements of the applicable statutes while being the least burdensome to the licensee population.

Issues: The primary advantages of the amendments to the public and the Commonwealth are (i) continuation of licensing services without delays and (ii) maintained public protection, since the fees will enable DPOR to ensure that barbering, cosmetology, nail, waxing, tattooing, body-piercing and esthetics services are performed in a manner that protects the public health, safety, and welfare of citizens. There are no disadvantages to the public or the Commonwealth in adjusting the board's fees.

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. The Board for Barbers and Cosmetology (board) proposes to increase fees (for licensure, renewal, and reinstatement) paid by barbers, master barbers, cosmetologists, nail technicians, wax technicians, tattooers, body piercers, estheticians, instructors in these professions, the facilities where these professionals work, and professional schools.

Background. § 54.1-201 A 4 of the Code of Virginia imposes a duty on professional boards to levy and collect fees for certification or licensure and renewal that are sufficient to cover all expenses for the administration and operation of the regulatory board and a proportional share of the expenses of the Department of Professional and Occupational Regulation (DPOR). In addition, § 54.1-113 of the Code of Virginia, known as the Callahan Act, requires DPOR boards to distribute excess revenue to current regulants and reduce the fees when unspent and unencumbered revenue exceeds $100,000 or 20 percent of the total expenses allocated to the regulatory board for the past biennium, whichever is greater.² Because this action would increase fees, the Callahan Act does not appear to be directly invoked. Lastly, the Appropriation Act was amended in 2019 to require DPOR to hold funds in reserve to offset the anticipated, future costs of restructuring its organization, including additional staffing needs and the replacement or upgrade of the Department's information technology systems requirements. The most recent version of this language appears in Item 353 of the 2024 Appropriation Act.³ Data provided by DPOR indicates that this board had a cash balance of approximately $6.8 million at the beginning of fiscal year (FY) 2019, but that total expenditures have exceeded total revenues in each biennium since then, leading to a cash balance of $5.5 million at the beginning of fiscal year 2025. DPOR reports that the board's costs have increased by 26% in the last five years and by 47% since the last fee change in 2011; they report that staffing, facility, and information technology related costs have been the primary drivers of these increases. The proposed fee increases, summarized in the table below, are expected to increase the board's revenues by $692,104 in fiscal year 2026. It would also increase the board's projected revenue by roughly $1.4 million per biennium thereafter. The proposed fee changes are identical for individuals, instructors, facilities, and schools in all four regulations: 18VAC41-20-140 applies to barbers, master barbers, cosmetologists, nail technicians, and wax technicians; 18VAC41-50-130 applies to tattooers; 18VAC41-60-90 applies to body piercers; and 18VAC41-70-120 applies to estheticians. The only exception, as noted below, is for body-piercing, which exclusively utilizes an apprenticeship model instead of having schools and instructors.⁴

Fee Type	Current ($)	New ($)	Change ($)	Change (%)
Individuals
Application or by Endorsement	$105	$120	$15	14.3%
Renewal	$105	$120	$15	14.3%
Reinstatement	$210	$240	$30	14.3%
Instructors (Not applicable for body-piercing)
Application	$125	$140	$15	12.0%
License by Endorsement (not applicable for tattoo)	$125	$140	$15	12.0%
Renewal	$150	$165	$15	10.0%
Reinstatement	$300	$330	$30	10.0%
Facilities (Studios, salons, spas, etc. as applicable)
Application	$190	$220	$30	15.8%
Renewal	$190	$220	$30	15.8%
Reinstatement	$380	$440	$60	15.8%
Schools (Not applicable for body-piercing)
Application	$220	$250	$30	13.6%
Renewal	$220	$250	$30	13.6%
Reinstatement	$440	$500	$60	13.6%

In addition to changing the fees, the board proposes to strike obsolete language regarding temporary fee reductions.

Estimated Benefits and Costs. With the current fee structure, the board's FY 2026 expenses are expected to exceed revenues by $223,706, resulting in an operating loss of $510,214 for the 2025-2026 biennium. Under the proposed fees, which are expected to become effective starting FY 2026, the projected revenues would exceed expenses by $468,398 in FY 2026, resulting in a net gain of $181,890 for the 2025-2026 biennium. Increased board revenues would contribute towards allowing DPOR to continue to meet the agency's operating costs without needing General Fund allocations. However, the proposed changes would increase fees for the professionals and entities that are currently licensed or certified by the board, as well as for those that seek to become licensed or certified in the future.

Businesses and Other Entities Affected. The proposed fee increases would affect firms and individuals who are currently licensed or certified by the board, as well as for those that seek to become licensed or certified in the future. DPOR reports that as of May 1, 2025, there are 724 barbers, 45 barber instructors, 1,889 master barbers, 317 master barber instructors, 775 barber shops, 61 barber schools, 193 body piercers, 121 body piercing salons, 388 body piercers ear only, 107 body piercing ear only salons, 39,858 cosmetologists, 4,673 cosmetology salons, 2,411 cosmetology instructors, 136 cosmetology schools, 5,453 estheticians, 132 esthetics instructors, 73 esthetics schools, 2,380 master estheticians, 333 master esthetics instructors, 977 esthetic spas, 9,654 nail technicians, 311 nail technician instructors, 750 nail technician salons, 51 nail technician schools, 1,144 tattooers, 838 guest tattooers, 363 tattoo parlors, 37 event tattoo parlors, 22 tattoo instructors, 10 tattoo schools, 1,175 permanent cosmetic tattooers, 255 permanent cosmetic tattoo salons, 32 master permanent cosmetic tattooers, 75 permanent cosmetic tattoo instructors, 31 permanent cosmetic tattoo schools, 1,506 wax technicians, 42 wax technician instructors, 163 waxing salons, and 27 waxing schools licensed within the Commonwealth.

The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.⁵ 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.⁶ Since the proposed amendments would increase fees, an adverse impact is indicated.

Small Businesses⁷ Affected.⁸ Types and Estimated Number of Small Businesses Affected: The board reports that most of the entities listed above would meet the definition of small businesses. Costs and Other Effects: These entities would face increased application, renewal and reinstatement fees as listed in the table. Alternative Method that Minimizes Adverse Impact: There are no clear alternative methods that both reduce adverse impact and meet the intended policy goals.

Localities⁹ Affected.¹⁰ The proposed amendments would neither affect any locality in particular nor directly create new costs for any local governments.

Projected Impact on Employment. The proposed amendments are not expected to substantively affect total employment.

Effects on the Use and Value of Private Property. The proposed fee increases would marginally raise costs and thus commensurately reduce the value of private studios, salons, spas, and other entities licensed by the board. Real estate development costs would not be affected.

_____________________________

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://law.lis.virginia.gov/vacode/title54.1/chapter1/section54.1-113/ for the full requirements of the Act. The new requirements regarding unspent revenue took effect on July 1, 2022; these changes were made by Chapters 517 and 697 of the 2019 Acts of Assembly.

³ See https://budget.lis.virginia.gov/item/2024/2/HB6001/Chapter/1/353/. Under Item 4-13.00 of the Appropriation Act, the provisions of this act shall prevail over any conflicting provision of any other law, without regard to whether such other law is enacted before or after this act. Consequently, if a situation were to arise where the Appropriation Act conflicted with the new provisions of the Callahan Act, the language in the Appropriation Act would apply.

⁴ In some of the other professions, training can be obtained through either schools or apprenticeships.

⁵ 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.

⁶ 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.

⁷ 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."

⁸ 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.

⁹ "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.

¹⁰ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The Board for Barbers and Cosmetology concurs with the economic impact analysis prepared by the Department of Planning and Budget.

Summary:

Pursuant to § 54.1-113 of the Code of Virginia, the amendments update the fee schedules of the Board for Barbers and Cosmetology based on projected revenues and expenses to support the costs of the board's operations as well as a proportionate share of the department's operations.

18VAC41-20-140. Fees.

The following fees apply:

FEE TYPE	AMOUNT DUE September 1, 2022, through August 31, 2024	AMOUNT DUE September 1, 2024, and after	WHEN DUE
Individuals:
Application	$90	$105 $120	With application
License by Endorsement	$90	$105 $120	With application
Renewal:
Barber	$90	$105 $120	With renewal card prior to expiration date
Master Barber	$90	$105 $120	With renewal card prior to expiration date
Cosmetologist	$90	$105 $120	With renewal card prior to expiration date
Nail Technician	$90	$105 $120	With renewal card prior to expiration date
Wax Technician	$90	$105 $120	With renewal card prior to expiration date
Reinstatement	$180* *includes $90 renewal fee and $90 reinstatement fee	$210* $240* *includes $105 $120 renewal fee and $105 $120 reinstatement fee	With reinstatement application
Instructors:
Application	$110	$125 $140	With application
License by Endorsement	$110	$125 $140	With application
Renewal	$110	$150 $165	With renewal card prior to expiration date
Reinstatement	$220* *includes $110 renewal fee and $110 reinstatement fee	$300* $330* *includes $150 $165 renewal fee and $150 $165 reinstatement fee	With reinstatement application
Facilities:
Application	$165	$190 $220	With application
Renewal	$165	$190 $220	With renewal card prior to expiration date
Reinstatement	$330* *includes $165 renewal fee and $165 reinstatement fee	$380* $440* *includes $190 $220 renewal fee and $190 $220 reinstatement fee	With reinstatement application
Schools:
Application	$185	$220 $250	With application
Add Program	$100	$100 $120	With application
Renewal	$185	$220 $250	With renewal card prior to expiration date
Reinstatement	$370* *includes $185 renewal fee and $185 reinstatement fee	$440* $500* *includes $220 $250 renewal fee and $220 $250 reinstatement fee	With reinstatement application

FORMS (18VAC41-20)

Barber - Master Barber - Barber Instructor Examination and License Application, A450-1301_EXLIC-v18 (rev. 5/2022)

Nail Technician – Nail Technician Instructor Examination and License Application, A450-1206_07EXLIC-v19 (rev. 5/2022)

Wax Technician – Wax Technician Instructor Examination and License Application, A450-1214_15EXLIC-v18 (rev. 5/2022)

Cosmetology – Cosmetology Instructor Examination and License Application, A450-1201_04EXLIC-v21 (rev. 5/2022)

Temporary Permit Application, A450-1213TEMP-v3 (rev. 12/2021)

License by Endorsement Application, A450-1213END-v19 (rev. 9/2024)

Individuals – Reinstatement Application, A450-1213REI-v13 (rev. 9/2022)

Salon, Shop, Spa, and Parlor License/Reinstatement Application A450-1213BUS-v16 (rev. 9/2022)

License by Endorsement Application, A450-1213END-v20 (rev. 8/2025)

Individuals – Reinstatement Application, A450-1213REI-v16 (rev. 8/2025)

Salon, Shop, Spa, and Parlor License and Reinstatement Application, A450-1213BUS-v19 (rev. 8/2025)

Salon, Shop, and Spa Self Inspection Self-Inspection Form, A450-1213_SSS_INSP-v2 (eff. 5/2016)

Instructor Certification Application, A450-1213INST-v17 (rev. 10/2022)

Instructor Certification Application, A450-1213INST-v21 (rev. 8/2025)

Student Instructor – Temporary Permit Application A450-1213ST_TEMP-v4 (rev. 12/2021)

School License Application, A450-1213SCHL-v18 (rev. 5/2023)

School Reinstatement Application A450-1213SCHL-REIN-v9 (eff. 9/2022)

School License Application, A450-1213SCHL-v23 (rev. 8/2025)

School Reinstatement Application, A450-1213SCHL-REIN-v12 (rev. 8/2025)

School Self-Inspection Form, A450-1213_SCH_INSP-v5 (eff. 1/2022)

Licensure Fee Notice, A450-1213FEE-v11 (rev. 9/2022)

Licensure Fee Notice, A450-1213FEE-v13 (rev. 8/2025)

Change of Responsible Management Application, A450-1213CRM-v6 (rev. 12/2021)

Training Substitution Form, A450-1213TR_SUB-v1 (rev. 10/2021)

Training Verification Form, A450-1213TR-vs1 (eff. 5/2022)

Experience Verification Form, A450-1213EXP-v2 (eff. 7/2022)

Barber-Cosmetology Universal License Application, A450-1213ULR-v1 (eff. 7/2023)

Barber-Cosmetology Universal License Application, A450-1213ULR-v3 (rev. 8/2025)

18VAC41-50-130. Fees.

The following fees apply:

FEE TYPE	AMOUNT DUE September 1, 2022, through August 31, 2024	AMOUNT DUE September 1, 2024, and after	WHEN DUE
Individuals:
Application	$90	$105 $120	With application
License by Endorsement	$90	$105 $120	With application
Renewal	$90	$105 $120	With renewal card prior to expiration date
Reinstatement	$180* *includes $90 renewal fee and $90 reinstatement fee	$210* $240* *includes $105 $120 renewal fee and $105 $120 reinstatement fee	With reinstatement application
Instructors:
Application	$110	$125 $140	With application
Renewal	$110	$150 $165	With renewal card prior to expiration date
Reinstatement	$220* *includes $110 renewal fee and $110 reinstatement fee	$300* $330* *includes $150 $165 renewal fee and $150 $165 reinstatement fee	With reinstatement application
Parlors or salons:
Application	$165	$190 $220	With application
Renewal	$165	$190 $220	With renewal card prior to expiration date
Reinstatement	$330* *includes $165 renewal fee and $165 reinstatement fee	$380* $440* *includes $190 $220 renewal fee and $190 $220 reinstatement fee	With reinstatement application
Schools:
Application	$185	$220 $250	With application
Renewal	$185	$220 $250	With renewal card prior to expiration date
Reinstatement	$370* *includes $185 renewal fee and $185 reinstatement fee	$440* $500* *includes $220 $250 renewal fee and $220 $250 reinstatement fee	With reinstatement application

FORMS (18VAC41-50)

Tattooer Examination & and License Application, A450-1231EXLIC-v17 (rev. 9/2023)

Training Verification Form, A450-1213TR-vs1 (eff. 5/2022)

Tattooing Apprenticeship Sponsor Application, A450-12TATSPON-v6 (rev. 9/2023)

Tattooer Apprenticeship Certification Application, A450-TAT_SOA-v3 (rev. 3/2015)

Tattoo Apprenticeship Completion Form, A450-12TAC-v8 (rev. 1/2020)

Tattoo Client Disclosure Form, A450-12TDIS-v3 (rev. 1/2020)

Limited Term Tattooer License Application, A450-1233LIC-v12 (rev. 9/2022)

Limited Term Tattoo Parlor License Application, A450-1235LIC-v9 (rev. 9/2022)

Limited Term Tattooer License Application, A450-1233LIC-v16 (rev. 8/2025)

Limited Term Tattoo Parlor License Application, A450-1235LIC-v14 (rev. 8/2025)

Permanent Cosmetic Tattooer Examination & and License Application, A450-1236EXLIC-v16 (rev. 9/2023)

Master Permanent Cosmetic Tattooer Examination & and License Application, A450-1237EXLIC-v14 (rev. 9/2023)

License by Endorsement Application, A450-1213END-v18 (rev. 9/2022)

License by Endorsement Application, A450-1213END-v20 (rev. 8/2025)

Body Piercing, Tattoo, Perm Cos and Permanent Cosmetic Tattoo Experience Verification Form, A450-12BPTATT_EXP-v2 (rev. 7/2022)

Salon, Shop, Spa & Parlor License-Reinstatement Application A450-1213BUS-v17 (rev. 9-2023)

Licensure Fee Notice, A450-1213FEE-v11 (rev. 9/2022)

Instructor Certification Application, A450-1213INST-vs18 (rev. 9/2023)

Individuals - Reinstatement Application, A450-1213REI-v13 (rev. 9/2022)

School License Application, A450-1213SCHL-v19 (rev. 9/2023)

School Reinstatement Application, A450-1213SCHL-REIN-v9 (rev. 9/2022)

Tattoo-Body Piercing Universal App A450-1231-41ULR-v1 (eff. 7/2023)

Salon, Shop, Spa, and Parlor License and Reinstatement Application, A450-1213BUS-v19 (rev. 8/2025)

Licensure Fee Notice, A450-1213FEE-v13 (rev. 8/2025)

Instructor Certification Application, A450-1213INST-v21 (rev. 8/2025)

Individuals – Reinstatement Application, A450-1213REI-v16 (rev. 8/2025)

School License Application, A450-1213SCHL-v23 (rev. 8/2025)

School Reinstatement Application, A450-1213SCHL-REIN-v12 (rev. 8/2025)

Tattoo-Body Piercing Universal Application, A450-1231-41ULR-v4 (rev. 8/2025)

18VAC41-60-90. Fees.

The following fees apply:

FEE TYPE	AMOUNT DUE September 1, 2022, through August 31, 2024	AMOUNT DUE September 1, 2024, and after	WHEN DUE
Individuals:
Application	$90	$105 $120	With application
License by Endorsement	$90	$105 $120	With application
Renewal:	$90	$105 $120	With renewal card prior to expiration date
Reinstatement	$180* *includes $90 renewal fee and $90 reinstatement fee	$210* $240* *includes $105 $120 renewal fee and $105 $120 reinstatement fee	With reinstatement application
Salons:
Application	$165	$190 $220	With application
Renewal	$165	$190 $220	With renewal card prior to expiration date
Reinstatement	$330* *includes $165 renewal fee and $165 reinstatement fee	$380* $440* *includes $190 $220 renewal fee and $190 $220 reinstatement fee	With reinstatement application

FORMS (18VAC41-60)

Body Piercer Examination & and License Application, A450-1241EXLIC-v16 (rev. 9/2023)

Body-Piercing Apprenticeship Sponsor Application, A450-12BPSPON-v6 (rev. 9/2023)

Body-Piercing Apprentice Certification Application, A450-BP_SOA-v3 (rev. 3/2015)

Body-Piercing Apprenticeship Completion Form, A450-12BPAC-v8 (rev. 1/2020)

Body-Piercing Client Disclosure Form, A450-12BPDIS-v2 (rev. 4/2013)

Body Piercer Ear Only License Application, A450-1245LIC-v10 (rev. 9/2023)

License by Endorsement Application, A450-1213END-v18 (rev. 9/2022)

Body Piercer Ear Only License Application, A450-1245LIC-v12 (rev. 8/2025)

License by Endorsement Application, A450-1213END-v20 (rev. 8/2025)

Body Piercing, Tattoo, Perm Cos and Permanent Cosmetic Tattoo Experience Verification Form, A450-12BPTATT_EXP-v2 (rev. 7/2022)

Salon, Shop, Spa & Parlor License-Reinstatement Application A450-1213BUS-v17 (rev. 9-2023)

Licensure Fee Notice, A450-1213FEE-v11 (rev. 9/2022)

Individuals - Reinstatement Application, A450-1213REI-v13 (rev. 9/2022)

Tattoo-Body Piercing Universal App A450-1231-41ULR-v1 (rev. 7/2023)

Salon, Shop, Spa, and Parlor License and Reinstatement Application, A450-1213BUS-v19 (rev. 8/2025)

Licensure Fee Notice, A450-1213FEE-v13 (rev. 8/2025)

Individuals – Reinstatement Application, A450-1213REI-v16 (rev. 8/2025)

Tattoo-Body Piercing Universal Application, A450-1231-41ULR-v4 (rev. 8/2025)

18VAC41-70-120. Fees.

The following fees apply:

FEE TYPE	AMOUNT DUE September 1, 2022, through and August 31, 2024	AMOUNT DUE September 1, 2024, and after	WHEN DUE
Individuals:
Application	$90	$105 $120	With application
License by Endorsement	$90	$105 $120	With application
Renewal	$90	$105 $120	With renewal card prior to expiration date
Reinstatement	$180* *includes $90 renewal fee and $90 reinstatement fee	$210* $240* *includes $105 $120 renewal fee and $105 $120 reinstatement fee	With reinstatement application
Instructors:
Application	$110	$125 $140	With application
License by Endorsement	$110	$125 $140	With application
Renewal	$110	$150 $165	With renewal card prior to expiration date
Reinstatement	$220* *includes $110 renewal fee and $110 reinstatement fee	$300* $330* *includes $150 $165 renewal fee and $150 $165 reinstatement fee	With reinstatement application
Spas:
Application	$165	$190 $220	With application
Renewal	$165	$190 $220	With renewal card prior to expiration date
Reinstatement	$330* *includes $165 renewal fee and $165 reinstatement fee	$380* $440* *includes $190 $220 renewal fee and $190 $220 reinstatement fee	With reinstatement application
Schools:
Application	$185	$220 $250	With application
Renewal	$185	$220 $250	With renewal card prior to expiration date
Reinstatement	$370* *includes $185 renewal fee and $185 reinstatement fee	$440* $500* *includes $220 $250 renewal fee and $220 $250 reinstatement fee	With reinstatement application

FORMS (18VAC41-70)

Esthetician – Esthetics Instructor Examination and License Application, A450-1261_62EXLIC-v17 (eff. 5/2022)

Master Esthetician – Master Esthetics Instructor Examination and License Application, A450-1264_65EXLIC-v18 (eff. 5/2022)

Temporary License Application, A450-1213TEMP-vs4 (eff. 8/2024)

License by Endorsement Application, A450-1213END-v18 (eff. 9/2022)

License by Endorsement Application, A450-1213END-v20 (rev. 8/2025)

Training Verification Form, A450-1213TR-vs1 (eff. 5/2022)

Individual - Reinstatement Application, A450-1213REI-v13 (eff. 9/2022)

Salon, Shop, Spa, and Parlor License or Reinstatement Application, A450-1213BUS-v16 (eff. 9/2022)

Individuals – Reinstatement Application, A450-1213REI-v16 (rev. 8/2025)

Salon, Shop, Spa, and Parlor License and Reinstatement Application, A450-1213BUS-v19 (rev. 8/2025)

Salon, Shop, and Spa Self-Inspection Form, A450-1213_SSS_INSP-vs2 (eff. 5/2016)

Instructor Certification Application, A450-1213INST-v17 (eff. 10/2022)

School License Application, A450-1213SCHL-v18 (eff. 5/2023)

School Reinstatement Application, A450-1213SCHL_REI-v9 (eff. 9/2022)

Instructor Certification Application, A450-1213INST-v21 (rev. 8/2025)

School License Application, A450-1213SCHL-v23 (rev. 8/2025)

School Reinstatement Application A450-1213SCHL-REIN-v12 (rev. 8/2025)

School Self-Inspection Form, A450-1213SCH_INSP-vs5 (eff. 1/2022)

Licensure Fee Notice, A450-1213FEE-v11 (rev. 9/2022)

Licensure Fee Notice, A450-1213FEE-v13 (rev. 8/2025)

Change of Responsible Management, A450-1213CRM-v6 (eff. 12/2021)

Experience Verification Form, A450-1261_64EXP-v2 (eff. 2/2023)

Esthetics-Master Esthetics Universal License Application, A450-1261-65ULR-v1 (eff. 7/2023)

Esthetics-Master Esthetics Universal License Application, A450-1261-65ULR-v3 (rev. 8/2025)

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD FOR BARBERS AND COSMETOLOGY

Proposed Regulation

Title of Regulation: 18VAC41-50. Tattooing Regulations (amending 18VAC41-50-10 through 18VAC41-50-40, 18VAC41-50-70 through 18VAC41-50-110, 18VAC41-50-130, 18VAC41-50-150 through 18VAC41-50-210, 18VAC41-50-230 through 18VAC41-50-290, 18VAC41-50-380 through 18VAC41-50-420; adding 18VAC41-50-15, 18VAC41-50-45, 18VAC41-50-125, 18VAC41-50-255; repealing 18VAC41-50-120, 18VAC41-50-140, 18VAC41-50-220, 18VAC41-50-300 through 18VAC41-50-370).

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

Public Hearing Information:

July 2, 2025 - 10:30 a.m. - Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 200, Board Room One, Richmond, VA 23233.

Public Comment Deadline: August 15, 2025.

Agency Contact: Kelley Smith, Executive Director, Board for Barbers and Cosmetology, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8590, FAX (866) 245-9693, or email barbercosmo@dpor.virginia.gov.

Basis: Section 54.1-201 of the Code of Virginia authorizes the Board for Barbers and Cosmetology to promulgate regulations necessary to ensure continued competency and prevent deceptive or misleading practices by practitioners and to effectively administer the regulatory system.

Purpose: The board regulates those who (i) engage or offer to engage in the practice of tattooing, permanent cosmetic tattooing, or master permanent cosmetic tattooing for compensation; (ii) operate a parlor or event; and (iii) operate or attempt to operate a school of tattooing, permanent cosmetic tattooing, or master permanent cosmetic tattooing by requiring such individuals, firms, entities, or corporations obtain the appropriate licensure or certification. The performing of tattooing, permanent cosmetic tattooing, and master permanent cosmetic tattooing services by those who lack sufficient expertise poses a risk to the public health, safety, and welfare. These risks include the potential for infection or injury. 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:

1. Revise definitions; the requirement for disclosure of prior regulatory discipline; disclosure of prior criminal history; eligibility to sit for the board-approved examination; examination requirements and fees; provisions regarding issuance of parlor or salon licenses and school licenses; the requirements and qualifications for an instructor certification; continuing education requirements; the reinstatement provisions for individual licensees; provisions for reinstatement of school licenses; health education requirements; apprenticeship curriculum; provisions regarding school staff; provisions regarding minimum curriculum hours for tattooing, permanent cosmetic tattooing, or master permanent cosmetic tattooing schools; provisions regarding student record maintenance; tattooing school curriculum requirements; general curriculum requirements; minimum curriculum requirements for a tattooing training program; safety subjects in the tattooing curriculum to remove CPR as a topic; and prohibited acts.

2. Allow applicants to provide a post office box address as a secondary address to a physical address and require mobile parlors or salons to provide a physical address where the parlor or salon is permanently garaged.

3. Provide that (i) applicants who completed a training program that is not substantially equivalent to Virginia's training requirements may substitute three years of work experience for training and the regulation reflects current agency practice that requires applicants for endorsement to provide documentation of completing board-approved health education; (ii) the board or the board's agents be allowed to inspect a licensed school during reasonable hours for compliance with applicable statute and the board's regulations; (iii) a regulant must ensure that all current licenses or certificates must be displayed in plain view of the public either in the reception area or at individual work stations; and (iv) mobile parlors and salons must be stationary while providing services and may not operate where prohibited by local ordinance.

4. Add (i) requirements for tattoo, permanent cosmetic tattoo, and master permanent cosmetic tattoo temporary licenses; (ii) a provision that allows the board or any of the board's agents to inspect a parlor or salon during reasonable hours; (iii) a requirement that applicants must meet qualifications for licensure as a guest tattooer per calendar year; (iv) language requiring a school application must be submitted to the board at least 60 days prior to the date for which the approval is sought; (v) provisions on student instructor temporary licenses: (vi) master permanent cosmetic tattooing instructor certificate to renewal requirements; (vii) a provision that schools must also develop entry-level competency in permanent cosmetic tattooing or master permanent cosmetic tattooing; (viii) permanent cosmetic tattooing to tattooing school curriculum requirements; (ix) permanent cosmetic tattooers and master permanent cosmetic tattooers to the prohibited act regarding violating provisions of § 54.1-700 et seq. of the Code of Virginia or any local ordinance or health and sanitation standards; and (x) the minimum curriculum requirements for a permanent cosmetic tattoo training program and a master permanent cosmetic tattoo training program to specify the minimum number of hours required for each training subject.

5. Require (i) a licensed firm notify the board within 30 days of a change of business entity (e.g., formation of a new firm, dissolution of an existing firm) and destroy the license; (ii) any firm wishing to operate an event tattoo parlor to submit an application at least 45 days prior to the date for which approval is sought; (iii) any school ceasing to operate, regardless of reason, provide a written report to the board detailing performances and hours of each student who has not completed their program; and (iv) individuals who fail to reinstate a license to provide documentation of completing board-approved health education.

6. Remove (i) a requirement in the section regarding calendar year qualifications that an applicant for a guest tattooer license provide the board with documentation of training in CPR; (ii) a requirement for a school to return its license to the board; (iii) the requirement that a licensee submit a reinstatement application; and (iv) requirements that a parlor or salon be in a permanent building or portion of a building to allow for mobile parlors and salons.

7. Amend the fee structure for an instructor certificate to reduce fees for the renewal and reinstatement of an instructor certificate.

8. Include certificate holders as individuals who will be sent a renewal notice from the board, certifications as a type of credential that must be renewed, and that a client's parent or guardian received a copy of written care instructions.

9. Consolidate tattooing school provisions.

10. Incorporate previous board guidance for licensing school locations, for online instruction, and current guidance on submission of school rosters.

11. Revise the student assessment a school may conduct to give a student credit toward required training hours; the permanent cosmetic tattooing performances to increase the number to 60 and specify the minimum number of performances required in each category; the master permanent cosmetic tattooing performances to decrease the number to 55 and specify the minimum number of performances required in each category; and language as to what constitutes a performance for certain performances.

12. Revise provisions regarding (i) blood spill clean-up kits, (ii) disposal of material that comes into contact with blood or bodily fluid, (iii) hand-cleaning to remove duplicative language regarding keeping facilities clean and in good repair, (iv) providing verbal and written disclosures prior to obtaining a tattoo and permanent cosmetic tattoo to clarify that a licensee must obtain signatures of both the client or client's parent or guardian, and (v) the board's authority to impose discipline.

Issues: The primary advantage of the proposed amendments to the public is that the board will continue to approve applicants and license professionals with safeguards in place to ensure proper competency and standards of conduct. Further, regulants and applicants within these professions will more easily understand the board's requirements, facilitating a quicker and more efficient process for applicants and regulants. Consumers and regulators from related agencies will also have a better understanding of the board's requirements, which will allow them to conduct business more efficiently. An anticipated advantage is that the regulatory change potentially increases the number of individuals who may qualify for licensure and therefore be available to members of the public to provide services. The primary advantage to the Commonwealth will be the continued successful regulation of tattooers, permanent cosmetic tattooers, and master permanent cosmetic tattooers who meet the minimum entry standards. The proposed amendments strengthen the department's ability to investigate and discipline regulants who disregard the health, safety, and welfare of the public. No disadvantage has been identified.

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 Board for Barbers and Cosmetology (board) proposes to amend the Tattooing Regulations (18VAC41-50). The proposed changes would reduce barriers to entry into the profession, update requirements for schools, streamline and clarify the regulation, and remove requirements that were considered overly burdensome or unnecessary in terms of protecting public health, safety, and welfare.

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 remove requirements and reduce regulatory burdens, especially those that would constitute a barrier to entry into the profession for tattooers, permanent cosmetic tattooers, or master permanent cosmetic tattooers. The board also seeks to update a number of provisions, especially those pertaining to training, fees, reinstatements, requirements for schools, and standards of practice. Some of the proposed changes for schools would create one-time costs for the schools and for the Department of Professional and Occupational Regulations (DPOR) for creating, reviewing, and approving a new curriculum; however, these changes would standardize requirements across programs and increase transparency for students. The most substantive changes are summarized.

Changes pertaining to entry into the profession:

18VAC41-50-20 would be amended as follows: For all applicants: reduce the lookback period for reporting felonies from 20 to 10 years; the reduction in the lookback period would also be made to 18VAC41-50-80 for applicants for parlor and salon licenses. For individuals who obtained training outside of Virginia: clarify and reduce the requirements to sit for the board-approved examination. Currently, individuals who have not completed training that is substantially equivalent to Virginia's must verify (i) three years of work experience within the last five years and (ii) completion of a five-hour health education course that includes bloodborne pathogens, sterilization, and aseptic techniques; first aid; and CPR. Under the proposed changes, the five-year limit would be removed, the CPR requirement would be removed (here and throughout the regulation), and the five-hour course would be replaced with a requirement that the course be board-approved.³ For individuals who obtained training abroad: The current regulations do not allow for training outside the United States to be accepted; the proposed language would state that such training may be accepted provided applicants have their degree translated, authenticated and evaluated by an education evaluation service.

18VAC41-50-30 would be amended to add the proposed requirements in 18VAC41-50-20 for individuals who have not completed training that is substantially equivalent to Virginia's. This would create a pathway for individuals who are already licensed in another state to obtain a license by endorsement in Virginia instead of taking the exam.

18VAC41-50-45 would allow applicants for initial licensure who the board finds eligible for examination to obtain a temporary license for 90 days, which would allow them to work under the direct supervision of a currently licensed individual before obtaining a permanent license.

Changes pertaining to instructors:

18VAC41-50-110 would be amended to require instructor applicants to disclose any disciplinary actions as well as certain misdemeanor convictions and all felony convictions since being previously licensed as a tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer. A current requirement that instructor applicants provide documentation of five years of professional experience would be reduced to three years. As an alternative to the current requirement (passing a course on teaching techniques in a post-secondary level), the proposed language would allow applicants to instead train under a certified instructor in the respective profession for 12 months. A new 18VAC41-50-125 would specify conditions for such supervision.

18VAC41-50-130 would be amended to significantly reduce the renewal and reinstatement fees for the instructor certificate. The renewal fee would be reduced from $150 to $20, and the reinstatement fee would be reduced from $300 to $40. Section 130 also contains a new fee for licensure by endorsement for instructors; DPOR has indicated that this would be a new pathway to instructor certification for individuals who have been licensed/certified as instructors in other states.

Changes pertaining to license reinstatement:

18VAC41-50-180 currently requires individuals whose license expired two or more years ago to either apply as a new applicant and meet all current entry requirements (training hours and examination) or submit a new application form, demonstrate five years of licensed experience, and pass the required examination. This would be amended to reduce the experience requirement to three years. Schools that fail to renew on time must currently pay the reinstatement fee, submit an application package with specific documents, and consent to and pass an inspection. The proposed text would stagger these requirements such that the reinstatement fee would only be required after 30 days following the expiration date, and the other requirements would only apply 180 or more days following the expiration date.

Changes pertaining to schools: In addition to the specific changes discussed below, all sections that currently cover tattooing schools would be amended to incorporate the requirements for permanent cosmetic tattooing schools that are currently in 18VAC41-50-300 through 18VAC41-50-370, which would be repealed in this action.

18VAC41-50-230 would be amended to incorporate requirements that are currently in guidance documents regarding license requirements for multiple locations and online instruction.

18VAC41-50-250 would be revised to specify which records must be maintained and that schools must submit any such record within 10 days of board request. Schools are currently required to maintain a record of hours and performances, whereas the proposed text would include the enrollment application with a photograph, a daily record of attendance, student clock hours, performances, course descriptions, a final transcript, and all other relevant documents that account for student accrued clock hours and practical applications.

18VAC41-50-255 would be newly added to incorporate board guidance document on providing student rosters on a quarterly basis with information for the preceding six months, including each student's name, date of birth, program type, date enrolled, total number of hours to date, and date completed, withdrawn, or terminated.

18VAC41-50-280 would be revised significantly. A new subsection B would specify the information schools must submit when applying for a license; this would include a syllabus, a detailed course content outline, a sample of five lesson plans, a sample of evaluation methods to be used, days and hours of instruction, program length, a sample of a final transcript, and a breakdown of hours and performances for all courses to be taught that will lead to licensure. Subsection C, which contains the curriculum requirements for tattooing, would be revised to add the number of hours for various topic areas. However, the overall hours required (1500, 18VAC41-50-210) and the specific topics that must be covered (listed in 18VAC41-50-280) would remain the same. Sections D and E would be added to incorporate the requirements (from 18VAC41-50-360) for permanent cosmetic tattooing and master permanent cosmetic tattooing, respectively. Subsection F, pertaining to transfer students, would be revised to (i) add documentation of hours and performances to the information students must provide for schools to assess transfer credits and (ii) remove a statement that credit may only be given for in-person training.

18VAC41-50-290 would be amended to add the requirements for permanent cosmetic tattooing and master permanent cosmetic tattooing; these requirements are currently in 18VAC41-50-370 and would be struck. The board proposes to change the total number of performances required from 50 to 60 for permanent cosmetic tattooing and from 60 to 55 for master permanent cosmetic tattooing, with specific changes to the number of performances required for each procedure. Requirements for eyeliner and scalp micropigmentation would be newly added for permanent cosmetic tattooing. Other changes would clarify and streamline the text and align the regulation with statute.

Estimated Benefits and Costs. The proposed amendments would reduce the lookback period for reporting felonies for individual, instructor, salon, and parlor license applicants; reduce experience requirements for applicants who were trained or licensed in other states; create a pathway for individuals to use training from other countries in their application; reduce the fees and increase flexibility for instructor applicants; and make it easier for experienced licensees to reinstate a lapsed license. These changes would primarily benefit applicants, especially those seeking entry into these professions in Virginia. However, tattooing schools would have to adjust their curriculum to meet the hours requirements for each topic, and all schools would have to submit the documents required by the new 18VAC41-50-280 B to qualify for licensure. Trainees in permanent cosmetic tattooing would also need additional performances to meet the new requirements. Schools that fail to renew their license on time would benefit from having staggered requirements for reinstatement applications, to the extent that they apply to reinstate their license within six months of expiration.

Businesses and Other Entities Affected. DPOR reports that as of March 1, 2025, there are 1,110 tattooers, 823 guest tattooers, 272 apprentice tattooers, 352 tattoo parlors, 33 event parlors, 22 tattooing instructors, nine tattooing schools, 1,185 permanent cosmetic tattooers, 29 master permanent cosmetic tattooers, 269 permanent cosmetic tattoo salons, 74 permanent cosmetic tattoo instructors, 31 permanent cosmetic tattoo schools. Individual applicants are likely to benefit from some of the proposed amendments, whereas schools (currently licensed and new applicants) and applicants for permanent cosmetic tattooer licenses would face new costs. Currently licensed individuals would primarily be affected by reduced continuing education requirements (removal of CPR training) and from increased flexibility in reinstatement requirements to the extent that it would apply to them. All 40 schools (nine tattooing schools and 31 permanent cosmetic tattooing schools) would have to incur some cost to develop and submit the documents required by 18VAC41-50-280 B; the tattooing schools would likely also have to revise their curriculum to meet the hour requirements in 18VAC41-50-280 C and permanent cosmetic tattoo schools may have to adapt their offerings to accommodate the changes in required performances. Further, DPOR anticipates hiring a temporary wage employee to review and process school curriculums for the 40 schools, estimated to cost about $8,612 ($20 per hour, for 40 hours a week, for 10 weeks, plus 7.65% in taxes) from non-general funds. 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 would create new costs for schools and require additional performances for trainees in permanent cosmetic tattooing, an adverse impact is indicated.

Small Businesses⁶ Affected.⁷ The proposed amendments do appear to adversely affect small businesses. Types and Estimated Number of Small Businesses Affected: DPOR estimates that all 40 schools are likely to meet the definition of small businesses. Costs and Other Effects: The proposed amendments create direct costs in terms of producing and submitting the required documentation. Tattooing schools may incur additional costs in adapting their curriculum to meet the hours requirements for each topic; permanent cosmetic tattoo schools may incur some costs in providing for the new performance requirements for students. Alternative Method that Minimizes Adverse Impact: The board could maintain the current requirements for schools. However, these changes have been proposed as a result of a general review while trying to meet regulatory reduction targets and are expected to benefit students and their clients in the long run.

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 reduce the value of private schools by increasing their costs; however, such a reduction may be offset to the extent that the proposed changes increase the demand for training in tattooing and permanent cosmetic tattooing in Virginia. 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 A list of approved providers can be found on the DPOR website: https://www.dpor.virginia.gov/sites/default/files/boards/BarberCosmo/Approved Health Education_BPTATT.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 Board for Barbers and Cosmetology 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 1 (2022), the proposed amendments revise (i) definitions; (ii) entry requirements for licenses and certificates, including reducing minimum training requirements for individuals seeking licensure as a tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer; reducing experience requirements for individuals who received training outside of the United States; and reducing criminal history reporting requirements; (iii) fee and reinstatement provisions; (iv) requirements for schools; and (v) standards of practice, including sanitation and safety standards for parlors, salons, and schools.

18VAC41-50-10. Definitions.

A. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise. All terms defined ascribed to them in Chapter 7 (§ 54.1-700 et seq.) of Title 54.1 of the Code of Virginia are incorporated in this chapter.:

"Board"

"Tattoo parlor"

"Tattoo school"

"Tattooer"

"Tattooing"

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

"Apprenticeship program" means an approved tattooing training program conducted by an approved apprenticeship sponsor.

"Apprenticeship sponsor" means an individual approved to conduct tattooing apprenticeship training who meets the qualifications in 18VAC41-50-70.

"Aseptic technique" means a hygienic practice that prevents and hinders the direct transfer of microorganisms, regardless of pathogenicity, from one person or place to another person or place.

"Business entity" means a sole proprietorship, partnership, corporation, limited liability company, limited liability partnership, or any other form of organization permitted by law.

"Clock hour" means a minimum of 50 minutes of supervised or directed instruction and appropriate breaks.

"Credit hour" means a combination of the number of hours in class each week and the number of hours per week in a laboratory by which a school may measure its course work. One unit of credit equals one hour of classroom or online study, two hours of laboratory experience, or three hours of internship or practicum or a combination of the three times the number of weeks in the term.

"Direct supervision" means (i) that a Virginia licensed tattooer shall be, permanent cosmetic tattooer, or master permanent cosmetic tattooer is present in the tattoo parlor or salon at all times when services are being performed by an a temporary license holder or registered apprentice; or (ii) that a Virginia licensed and certified tattooing, permanent cosmetic tattooing, or master permanent cosmetic tattooing instructor shall be or student instructor temporary license holder is present in the tattooing or permanent cosmetic tattooing school at all times when services are being performed by a student; (iii) that a Virginia licensed and certified permanent cosmetic tattooing instructor shall be present in the permanent cosmetic tattooing school at all times when services are being performed by a student; (iv) that a Virginia licensed and certified master permanent cosmetic tattooer instructor shall be present in the permanent cosmetic tattooing school at all times when master permanent cosmetic tattooer services are being performed by a student; or (v) that a Virginia licensed tattooer shall be present in the tattoo parlor at all times when services are being performed by a guest tattooer, student instructor, or temporary license holder.

"Endorsement" means a method of obtaining a license by a person who is currently licensed in another state or jurisdiction of the United States.

"Each and every location" means, for the purposes of schools with multiple suites or classrooms, a single location is one that is enclosed under one roof and all classrooms or suites are within 500 feet of the main office.

"Event tattoo parlor" means a tattoo parlor temporary location licensed to operate for a maximum of five consecutive days.

"Firm" means any business entity recognized under the laws of the Commonwealth of Virginia.

"Gratuitous services" as used in § 54.1-701.5 of the Code Virginia means providing tattooing services without receiving compensation or reward, or obligation. Gratuitous services do not include services provided at no charge when goods are purchased.

"Guest tattooer" means a tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer residing outside of Virginia who is licensed only to work for a two-week period at a specified tattoo parlor or permanent cosmetic tattoo salon.

"Guest tattooer sponsor" means a licensed tattoo parlor or permanent cosmetic tattooing salon that is sponsoring and providing direct supervision of a guest tattooer.

"Licensee" means any person, sole proprietorship, partnership, corporation, limited liability company, limited liability partnership, or any other form of organization permitted by law individual or firm holding a license issued by the Board for Barbers and Cosmetology, as defined in § 54.1-700 of the Code of Virginia board.

"Master permanent cosmetic tattooer" means any person who for compensation practices permanent cosmetic tattooing known in the industry as advanced permanent cosmetic tattooing, including scalp micropigmentation, eye shadow, and breast and scar repigmentation or camouflage.

"Master permanent cosmetic tattooing instructor" means a person who has been certified by the board and who meets the competency standards of the board as an instructor of master permanent cosmetic tattooing.

"Permanent cosmetic tattoo salon" means any place in which permanent cosmetic tattooing is offered or practiced for compensation.

"Permanent cosmetic tattooer" means any person who for compensation practices permanent cosmetic tattooing known in the industry as basic permanent cosmetic tattooing, including eyebrows, microblading, scalp micropigmentation, eyeliners, lip coloring, lip liners, or full lips.

"Permanent cosmetic tattooing" means placing marks upon or under the skin of any person with ink or any other substance, resulting in the permanent coloration of the skin on the face, including eyebrows, eyeliners, lip coloring, lip liners, full lips, cheek blush, eye shadow, forehead and scalp micropigmentation, and on the body for breast and scar repigmentation or camouflage, also known as permanent makeup or micropigmentation.

"Permanent cosmetic tattooing instructor" means a person who has been certified by the board who meets the competency standards of the board as an instructor of permanent cosmetic tattooing.

"Permanent cosmetic tattooing school" means a place or establishment licensed by the board to accept and train students and that offers a permanent cosmetic tattooing or master permanent cosmetic tattooing curriculum approved by the board.

"Pigments" means tattooing ink designed for use on human skin.

"Post-secondary educational level" means an accredited college or university that is approved or accredited by an accrediting agency recognized by the U.S. Department of Education.

"Reasonable hours" means the hours between 9 a.m. and 5 p.m.; however, if the licensee generally is not open to the public substantially during the same hours, "reasonable hours" means the business hours when the licensee is open to the public.

"Reinstatement" means having a license restored to effectiveness after the expiration date has passed.

"Renewal" means continuing the effectiveness of a license or certificate for another period of time.

"Responsible management" means the following individuals:

1. The sole proprietor of a sole proprietorship;

2. The partners of a general partnership;

3. The managing partners of a limited partnership;

4. The officers of a corporation;

5. The managers of a limited liability company;

6. The officers or directors of an association or both; and

7. Individuals in other business entities recognized under the laws of the Commonwealth as having a fiduciary responsibility to the firm.

"Sole proprietor" means any individual, not a corporation, who is trading under that individual's own name, or under an assumed or fictitious name pursuant to the provisions of §§ 59.1-69 through 59.1-76 of the Code of Virginia.

"Sterilization area" means a separate room or area separate from workstations with restricted client access in which tattooing instruments are cleaned, disinfected, and sterilized.

"Substantially equivalent exam" means an examination administered by the licensing entity that covers Virginia's scope of practice for that profession.

"Substantially equivalent training" means at least 80% of the required hours in Virginia and curriculum content covering Virginia's scope of practice for that profession.

"Tattoo convention" means an event where Virginia and out-of-state tattooers gather for no more than five consecutive days to offer tattooing services to the public.

"Tattooing instructor" means a person who has been certified by the board who meets the competency standards of the board as an instructor of tattooing.

"Temporary location" means a fixed location at which tattooing is performed for a specified length of time of not more than five days in conjunction with a single event or convention.

18VAC41-50-15. Gratuitous services.

Any individual who engages in tattooing, guest tattooing, permanent cosmetic tattooing, or master permanent cosmetic tattooing without receiving compensation, reward, or obligation is considered to be performing gratuitous services and is exempt from the provisions of this chapter. Gratuitous services do not include services provided at no charge when goods are purchased.

18VAC41-50-20. General requirements for tattooer, guest tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer.

A. Any individual wishing to engage in tattooing, guest tattooing, permanent cosmetic tattooing, or master permanent cosmetic tattooing shall must obtain a license in compliance with § 54.1-703 of the Code of Virginia and meet the following qualifications:

1. The applicant must be in good standing as a tattooer, guest tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer in every jurisdiction where licensed, certified, or registered. The applicant shall disclose to the board at the time of application for licensure must provide a copy of any disciplinary action taken in Virginia or any other jurisdiction in connection with the applicant's practice as a tattooer, guest tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer and all other jurisdictions to the board at the time of application for licensure. This disclosure includes monetary penalties, fines, probation, suspensions, revocations, surrender of a license in connection with a disciplinary action, or voluntary termination of a license. The applicant shall disclose to the board at the time of application for licensure if the applicant has been previously licensed in Virginia as a tattooer, guest tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer.

Upon review of the applicant's prior disciplinary action, the board, in its discretion, may deny licensure to any applicant wherein who the board deems the applicant is unfit or unsuited to engage in tattooing, guest tattooing, permanent cosmetic tattooing, or master permanent cosmetic tattooing. The board will decide each case by taking into account the totality of the circumstances. Any plea of nolo contendere or comparable plea shall be considered a disciplinary action for the purposes of this subdivision. The applicant shall provide a certified copy of a final order, decree, or case decision by a court, regulatory agency, or board with the lawful authority to issue such order, decree, or case decision, and such copy shall be admissible as prima facie evidence of such disciplinary action.

2. The applicant shall must disclose the applicant's physical address. A post office box is not acceptable may be provided as a secondary address.

3. The applicant shall must sign, as part of the application, a statement certifying that the applicant has read and understands the Virginia tattooing license laws and this chapter.

4. In accordance with § 54.1-204 of the Code of Virginia, each applicant shall must disclose the following information regarding criminal convictions in Virginia and all other jurisdictions:

a. All misdemeanor convictions involving moral turpitude, sexual offense, non-marijuana drug distribution, or physical injury within two years of the date of the application involving moral turpitude, sexual offense, non-marijuana drug distribution, or physical injury; and

b. All felony convictions within 20 10 years of the date of application.

Any plea of nolo contendere shall be considered a conviction for purposes of this subdivision. The record of a conviction received from a court shall be accepted as prima facie evidence of a conviction or finding of guilt. The board, in its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.

5. The applicant shall must provide evidence satisfactory to the board that the applicant has passed the board approved board-approved examination, administered either by the board or by a designated testing service.

B. Eligibility to sit for board-approved examination.

1. Training in the Commonwealth of Virginia. Any person completing an one of the following programs is eligible for examination:

a. An approved tattooing apprenticeship program in a Virginia licensed tattoo parlor;

or completing an b. An approved tattooing training program in a Virginia licensed tattoo school; or

completing a c. A permanent cosmetic tattooing or master permanent cosmetic tattooing training program in a Virginia licensed permanent cosmetic tattooing or tattooing school shall be eligible to sit for the applicable examination.

2. Training outside of the Commonwealth of Virginia but within the United States or jurisdiction of the United States.:

a. Any person completing a tattooing, permanent cosmetic tattooing, master permanent cosmetic tattooing training program, or tattooing apprenticeship that is substantially equivalent to the Virginia program but is outside of the Commonwealth of Virginia must submit to the board (i) documentation of the successful completion of training or apprenticeship to be eligible for examination. If less than the required hours were completed, an applicant must submit (i) documentation acceptable to the board verifying the completion of a substantially equivalent tattooing training, tattooing apprenticeship, permanent cosmetic tattooing training, or master permanent cosmetic tattooing or documentation of three years of work experience within the preceding five years as a tattooer Applicants who have earned a degree from an institution outside the United States must have such degree translated, authenticated, and evaluated by an education evaluation service if credit is sought for the education. The board in its discretion may decline to accept (i) any evaluation submitted by an applicant; and (ii) documentation of completion of a minimum of five hours of board-approved health education to include (a) bloodborne pathogens, sterilization, and aseptic techniques related to tattooing; and (b) first aid; and (c) CPR that is acceptable to the board in order to be eligible for examination.

b. Applicants who completed a training or apprenticeship program that is not substantially equivalent to Virginia's training must submit (i) documentation acceptable to the board verifying three years of work experience in any other state or jurisdiction of the United States on a form provided by the board and (ii) documentation of completion of board-approved health education to include (a) bloodborne pathogens, sterilization, and aseptic techniques related to tattooing and (b) first aid.

18VAC41-50-30. License by endorsement.

A. Upon proper application to the board, any person currently licensed to practice as a tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer, or who is a licensed instructor in the respective profession in any other state or jurisdiction of the United States and who has completed a training or apprenticeship program and an examination that is substantially equivalent to that the training and examination required by this chapter may be issued a tattooer license, permanent cosmetic tattooer license, or master permanent cosmetic tattooer license, respectively, or the respective instructor certificate without an examination. The applicant must also meet the requirements set forth in 18VAC41-50-20 A 1 through A 4 and provide documentation of completion of board-approved health education to include (i) bloodborne pathogens, sterilization, and aseptic techniques related to tattooing and (ii) first aid.

B. Applicants for licensure by endorsement who completed a training or apprenticeship program that is not substantially equivalent to Virginia's training but otherwise meet all the requirements listed in subsection A of this section may substitute three years of work experience for training. Applicants must provide work history demonstrating three years of licensed experience in any other state or jurisdiction of the United States on a form provided by the board and provide documentation of completion of board-approved health education to include (i) bloodborne pathogens, sterilization, and aseptic techniques related to tattooing and (ii) first aid.

18VAC41-50-40. Examination requirements and fees.

A. Applicants for initial licensure shall must pass an examination approved by the board. The examinations may be administered by the board or by a designated testing service.

B. Any candidate failing to appear as scheduled for examination shall forfeit the examination fee.

C. B. The applicant shall must follow all procedures established by the board with regard to conduct at the examination. Such procedures shall include any written instructions communicated prior to the examination date and any instructions communicated at the site, either written or oral, on the date of the examination. Failure to comply with all procedures established by the board and the testing service with regard to conduct at the examination may be grounds for denial of application.

D. C. Any applicant who does not pass a reexamination within one year of the initial examination date shall will be required to submit a new application.

E. D. The fee for examination or reexamination is subject to contracted charges to the board by an outside vendor. These contracts are competitively negotiated and bargained for in compliance with the Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia). Fees may be adjusted and charged to the candidate in accordance with these contracts. The fee shall will not exceed $225 per candidate.

F. E. Any candidate failing to apply for initial licensure within five years of passing the written examination shall will be required to retake the examination. Records of examinations shall be maintained for a maximum of five years.

18VAC41-50-45. Tattoo, permanent cosmetic tattoo, and master permanent cosmetic tattoo temporary license.

A. A temporary license to work under the direct supervision of a currently licensed individual may be issued only to applicants for initial licensure who the board finds eligible for the applicable examination. There is no fee for a temporary license. Except as provided in this section, an applicant holding a temporary license must be supervised by an individual holding a license in the same scope of practice.

Licensed tattooers may also supervise permanent cosmetic tattoo and master permanent cosmetic tattoo temporary license holders. Licensed master permanent cosmetic tattooers may also supervise permanent cosmetic tattoo temporary license holders.

B. The temporary license will remain in force for 90 days and no subsequent temporary license will be issued.

C. Any person continuing to practice tattooing, permanent cosmetic tattooing, or master permanent cosmetic tattooing after a temporary license has expired may be prosecuted and fined by the Commonwealth under §§ 54.1-111 A 1 and 54.1-202 of the Code of Virginia.

D. Temporary licenses will not be issued where grounds may exist to deny a license pursuant to § 54.1-204 of the Code of Virginia or 18VAC41-50-20.

18VAC41-50-70. General requirements for a tattooing apprenticeship sponsor.

A. Upon filing an application with the Board for Barbers and Cosmetology board, any person meeting the qualifications set forth in this section may be eligible individual wishing to sponsor a tattooing apprentice if must meet the person following qualifications:

1. Holds The applicant must hold and maintain a current Virginia tattooer license;

2. Provides The applicant must provide documentation of legally practicing tattooing for at least five years; and

3. Provides The applicant must provide documentation indicating that he the applicant is in good standing in all jurisdictions where the practice of tattooing is regulated.

B. Apprenticeship sponsors shall be required to maintain a tattooer license.

C. B. Apprenticeship sponsors shall must ensure compliance with the 1500 hour 1,500-hour tattooing apprenticeship program and tattooing apprenticeship standards.

18VAC41-50-80. Tattoo General requirements for a tattoo parlor, event tattoo parlor, or permanent cosmetic tattoo salon license.

A. Any firm wishing to operate a tattoo parlor, event tattoo parlor, or permanent cosmetic tattoo salon shall, including any mobile parlor or salon, must obtain a tattoo parlor license, event tattoo parlor license, or permanent cosmetic tattoo salon license in compliance with § 54.1-704.1 of the Code of Virginia and shall must meet the following qualifications in order to receive a license:

1. The applicant and all members of the responsible management shall must be in good standing as a licensed parlor or salon in Virginia and all other jurisdictions where licensed, certified, or registered. The applicant and all members of the responsible management shall disclose to the board at the time of application for licensure must provide a copy of any disciplinary action taken in Virginia and all other jurisdictions in connection with the applicant's operation of any tattoo parlor, event tattoo parlor, or permanent cosmetic tattoo salon or practice of the profession to the board at the time of application for licensure. This disclosure includes monetary penalties, fines, probation, suspensions, revocations, surrender of a license in connection with a disciplinary action, or voluntary termination of a license. The applicant shall disclose to the board at the time of application for licensure if the applicant or any member of the responsible management has been previously licensed in Virginia as a tattoo parlor, event tattoo parlor, or permanent cosmetic tattoo salon.

Upon review of the applicant's and all members of the responsible management's prior disciplinary action, the board, in its discretion, may deny licensure to any applicant wherein it whom the board deems the applicant is unfit or unsuited to engage in the operation of a tattoo parlor, event tattoo parlor, or permanent cosmetic tattoo salon. The board will decide each case by taking into account the totality of the circumstances. Any plea of nolo contendere or comparable plea shall be considered a disciplinary action for the purposes of this subdivision. The applicant shall provide a certified copy of a final order, decree, or case decision by a court, regulatory agency, or board with the lawful authority to issue such order, decree, or case decision, and such copy shall be admissible as prima facie evidence of such disciplinary action.

2. The applicant shall must disclose the applicant's physical address. A post office box is not acceptable may be provided as a secondary address. Mobile parlors and salons must provide a physical address where the parlor or salon is permanently garaged.

3. The applicant shall must sign, as part of the application, a statement certifying that the applicant has read and understands the Virginia tattooing license laws and this chapter.

4. In accordance with § 54.1-204 of the Code of Virginia, each applicant shall must disclose the following information about the firm and all members of the responsible management regarding criminal convictions in Virginia and all other jurisdictions:

a. All misdemeanor convictions involving moral turpitude, sexual offense, non-marijuana drug distribution, or physical injury within two years of the date of the application involving moral turpitude, sexual offense, non-marijuana drug distribution, or physical injury; and

b. All felony convictions within 20 10 years of the date of application.

Any plea of nolo contendere shall be considered a conviction for purposes of this subdivision. The record of a conviction received from a court shall be accepted as prima facie evidence of a conviction or finding of guilt. The board, in its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.

5. The applicant shall must disclose the firm's responsible management.

B. A tattoo Tattoo parlor license licenses, event tattoo parlor license licenses, or permanent cosmetic tattoo salon license shall licenses are issued to firms as defined in this chapter and are not be transferable and shall bear the same name and address of the business. Any changes in the name or address of the parlor or salon shall must be reported to the board in writing within 30 days of such changes. The new responsible management shall be responsible for applying for a new license within 30 days of the changes. The board will not be responsible for the licensee's failure to receive notices, communications, and correspondence caused by the licensee's failure to promptly notify the board in writing of any change of name or address or for any other reason beyond the control of the board.

C. Whenever the legal business entity holding the license is dissolved or altered to form a new business entity, the original license becomes void and shall be returned to the board within 30 days of the change. Additionally, the The firm shall must notify the board, apply for a new license within 30 days of the change in the business entity, and destroy the license. Such changes include:

1. Death of a sole proprietor;

2. Death or withdrawal of a general partner in a general partnership or the managing partner in a limited partnership; and

3. Conversion, formation, or dissolution of a corporation, a limited liability company, an association, or any other business entity recognized under the laws of the Commonwealth of Virginia.

D. Any change in the officers of a corporation, managers of a limited liability company, or officers or directors of an association shall must be reported to the board in writing within 30 days of the change.

E. Any tattoo parlor or permanent cosmetic tattoo salon wishing to host a guest tattooer must identify itself as the guest tattooer sponsor and must provide direct supervision of any tattooing by the guest tattooer.

F. Any firm wishing to operate a tattoo parlor in a temporary location must have a tattoo parlor license or event tattoo parlor license issued by the board.

G. An event tattoo parlor license is effective for five consecutive days prior to the expiration date. Any firm wishing to operate an event tattoo parlor must submit an application to the board at least 45 days prior to the date for which approval is sought.

H. A firm may obtain a maximum of five event tattoo parlor licenses within a calendar year.

I. The board or any of its agents must be allowed to inspect during reasonable hours any licensed parlor and salon for compliance with provisions of Chapter 7 (§ 54.1-700 et seq.) of Title 54.1 of the Code of Virginia or this chapter.

18VAC41-50-91. Guest tattooer license.

A. A guest tattooer license is effective for 14 days prior to the expiration date.

B. An out-of-state resident may apply for and obtain up to five guest tattooer licenses per calendar year.

C. A For each calendar year, a guest tattooer applicant must meet the following qualifications:

1. Requirements set forth in 18VAC41-50-20 A 1 through A 4.

2. Present documentation showing out-of-state residency.

3. Documentation of board-approved health education knowledge to include (i) bloodborne disease, sterilization, and aseptic techniques related to tattooing; and (ii) first aid; and (iii) CPR that is acceptable to the board.

4. Documentation showing guest tattooer sponsor, including signature of sponsor parlor's responsible management.

D. A guest tattooer must provide documentation with each application showing the guest tattooer sponsor, including a signature of the sponsor parlor's responsible management.

E. A guest tattooer must provide the name and license number of the guest tattooer's sponsor and the duration of the guest tattooer's tattooing for all guest tattooer locations.

E. A guest tattooer applicant is not required to complete 18VAC41-50-20 A 5.

18VAC41-50-92. Guest tattooer sponsor.

A. The licensed tattoo parlor sponsoring a guest tattooer shall must ensure that the guest tattooer:

1. Has a valid, current guest tattooer license for the entire duration of the guest tattooer tattooing at the parlor.

2. Is directly supervised by a licensed tattooer.

3. Complies with all Virginia regulations relating to health, sanitation, client qualifications, and standards of practice.

B. The licensed permanent cosmetic tattoo salon sponsoring a guest tattooer shall must ensure that the guest tattooer:

1. Has a valid, current guest tattooer licensed for the entire duration of the guest tattooer's tattooing at the salon.

2. Is directly supervised by a licensed tattooer or permanent cosmetic tattooer.

3. Complies with all Virginia regulations relating to health, sanitation, client qualifications, and standards of practice.

C. With the exception of tattoo conventions, a member of the guest tattooer sponsor's responsible management must sign the guest tattooer application certifying the sponsor will ensure the requirements of subsections A and B of this section.

D. The guest tattooer sponsor shall be is responsible for the acts or omissions of the guest tattooer in the performance of tattooing or permanent cosmetic tattooing.

18VAC41-50-100. School General requirements for a school license.

A. Any firm wishing to operate a tattooing school or permanent cosmetic tattooing school shall must submit an application to the board at least 60 days prior to the date for which approval is sought, obtain a school license in compliance with § 54.1-704.2 of the Code of Virginia, and shall meet the following qualifications in order to receive a license:

1. The applicant and all members of the responsible management shall must be in good standing as a licensed parlor or salon school in Virginia and in all other jurisdictions where licensed, certified, or registered. The applicant and all members of the responsible management shall disclose to the board at the time of application for licensure must provide a copy of any disciplinary action taken in Virginia and all other jurisdictions in connection with the applicant's operation of any tattoo parlor, event tattoo parlor, or permanent cosmetic tattoo salon or practice of the profession to the board at the time of application for licensure. This disclosure includes monetary penalties, fines, probation, suspensions, revocations, surrender of a license in connection with a disciplinary action, or voluntary termination of a license. The applicant shall disclose to the board at the time of application for licensure if the applicant or any member of the responsible management has been previously licensed in Virginia as a tattoo parlor, event tattoo parlor, or permanent cosmetic tattoo salon.

Upon review of the applicant's and all members of the responsible management's prior disciplinary action, the board, in its discretion, may deny licensure to any applicant wherein whom it deems the applicant is unfit or unsuited to engage in the operation of a tattoo parlor, event tattoo parlor, school or permanent cosmetic tattoo salon school. The board will decide each case by taking into account the totality of the circumstances. Any plea of nolo contendere or comparable plea shall be considered a disciplinary action for the purposes of this subdivision. The applicant shall provide a certified copy of a final order, decree, or case decision by a court, regulatory agency, or board with the lawful authority to issue such order, decree, or case decision, and such copy shall be admissible as prima facie evidence of such disciplinary action.

2. The applicant shall must disclose the applicant's physical address. A post office box is not acceptable may be provided as a secondary address.

3. The applicant shall must sign, as part of the application, a statement certifying that the applicant has read and understands the Virginia tattooing license laws and this chapter.

4. In accordance with § 54.1-204 of the Code of Virginia, each applicant shall must disclose the following information about the firm and all members of the responsible management regarding criminal convictions in Virginia and all other jurisdictions:

a. All misdemeanor convictions involving moral turpitude, sexual offense, non-marijuana drug distribution, or physical injury within two years of the date of the application involving moral turpitude, sexual offense, non-marijuana drug distribution, or physical injury; and

b. All felony convictions within 20 10 years of the date of application.

Any plea of nolo contendere shall be considered a conviction for purposes of this subdivision. The record of a conviction received from a court shall be accepted as prima facie evidence of a conviction or finding of guilt. The board, in its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.

5. The applicant shall must disclose the firm's responsible management.

B. A tattooing Tattooing school license licenses or permanent cosmetic tattooing school license shall licenses are issued to firms as defined in this chapter and are not be transferable and shall bear the same name and address as the school. Any changes in the name or and address of record or principal place of business of the school shall must be reported to the board in writing within 30 days of such change. The board will not be responsible for the licensee's failure to receive notices, communications, and correspondence caused by the licensee's failure to promptly notify the board in writing of any change of name or address or for any other reason beyond the control of the board. The name of the school must indicate that it is an educational institution. All signs or other advertisements must reflect the name as indicated on the license issued by the board and contain language indicating it is an educational institution.

C. Whenever the legal business entity holding the license is dissolved or altered to form a new business entity, the original license becomes void and shall be returned to the board within 30 days of the change. Additionally, the The firm shall must notify the board, apply for a new license within 30 days of the change in the business entity, and destroy the license. Such changes include:

1. Death of a sole proprietor;

2. Death or withdrawal of a general partner in a general partnership or the managing partner in a limited partnership; and

3. Conversion, formation, or dissolution of a corporation, a limited liability company, an association, or any other business entity recognized under the laws of the Commonwealth of Virginia.

D. Within 30 days of the closing ceasing to operate, whether through dissolution or alteration of the business entity, the school shall return the license to the board and must provide a written report to the board on detailing the performances and hours of each student who has not completed the program.

E. Any change in the officers of a corporation, managers of a limited liability company, or officers or directors of an association shall must be reported to the board in writing within 30 days of the change.

F. The board or any of its agents must be allowed to inspect during reasonable hours any licensed school for compliance with provisions of Chapter 7 (§ 54.1-700 et seq.) of Title 54.1 of the Code of Virginia or this chapter.

18VAC41-50-110. Tattooing General requirements for a tattooing, permanent cosmetic tattooing, or master permanent cosmetic tattooing instructor certificate.

A. Upon filing an application with the Board for Barbers and Cosmetology, any person meeting the qualifications set forth in this section shall be eligible for a tattooing instructor certificate if the person:

1. Holds a current Virginia tattooer license;

2. Provides documentation of legally tattooing for at least five years; and

3. Passes a course on teaching techniques in a post-secondary education level.

B. Tattooing instructors shall be required to maintain a tattooer license.

A. Any individual wishing to engage in tattoo, permanent cosmetic tattoo, or master permanent cosmetic tattoo instruction must meet the following qualifications:

1. The applicant must be in good standing as a licensed tattooer, permanent cosmetic tattooer, master permanent cosmetic tattooer, or instructor, respectively, in every jurisdiction where licensed, certified, or registered. The applicant must provide a copy of any disciplinary action taken in Virginia and all other jurisdictions to the board at the time of application for certification since being previously licensed as a tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer. This includes monetary penalties, fines, probation, suspensions, revocations, surrender of a license or certification in connection with a disciplinary action, or voluntary termination of a license or certification.

Upon review of the applicant's prior disciplinary action, the board, in its discretion, may deny certification to any applicant whom the board deems unfit or unsuited to engage in the instruction of tattooing, permanent cosmetic tattooing, or master permanent cosmetic tattooing.

2. In accordance with § 54.1-204 of the Code of Virginia, each applicant must disclose the following information regarding criminal convictions in Virginia and all other jurisdictions since being previously licensed as a tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer:

a. All misdemeanor convictions within two years of the date of application involving moral turpitude, sexual offense, non-marijuana drug distribution, or physical injury; and

b. All felony convictions within 10 years of the date of application.

The board, in its discretion, may deny certification to any applicant in accordance with § 54.1-204 of the Code of Virginia.

3. The applicant must hold and maintain a current Virginia tattooer license, permanent cosmetic tattooer license, or master permanent cosmetic tattooer license in the respective profession.

4. The applicant must provide documentation of legally tattooing, permanent cosmetic tattooing, or master permanent cosmetic tattooing for at least three years in Virginia or any other state or jurisdiction of the United States; and

5. The applicant must complete one of the following qualifications:

a. Pass a course on teaching techniques in a post-secondary education level; or

b. Train under a tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer instructor in the respective profession for 12 months.

B. Certified instructors may teach in any profession in which they hold the underlying license.

18VAC41-50-120. Permanent cosmetic tattooing instructor certificate. (Repealed.)

A. Upon filing an application with the Board for Barbers and Cosmetology, any person meeting the qualifications set forth in this section shall be eligible for a permanent cosmetic tattooing instructor certificate if the person:

1. Holds a current Virginia permanent cosmetic tattooer license or master permanent cosmetic tattooer license;

2. Provides documentation of legally tattooing for at least five years; and

3. Passes a course on teaching techniques at the post-secondary education level.

B. Permanent cosmetic tattooing instructors shall be required to maintain a permanent cosmetic tattooer license or master permanent cosmetic tattooer license.

18VAC41-50-125. Student instructor temporary license.

A. A licensed tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer may be granted a 12-month student instructor temporary license to function under the direct supervision of a certified instructor in a licensed school. No subsequent student instructor temporary license will be issued. Student instructors must pass an instructor examination administered by the board or by a testing service acting on behalf of the board.

B. Student instructors may teach in any profession in which they hold the underlying license. Failure to maintain a tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer license will disqualify an individual from holding a student instructor temporary license.

C. Certified tattoo instructors may also supervise permanent cosmetic tattoo and master permanent cosmetic tattoo student instructor temporary license holders. Certified master permanent cosmetic tattoo instructors may also supervise permanent cosmetic tattoo student instructor temporary license holders.

D. The student instructor temporary license holder must be associated with both a school and a direct supervisor.

E. Temporary licenses may not be issued where grounds may exist to deny a license pursuant to § 54.1-204 of the Code of Virginia or 18VAC41-50-110.

18VAC41-50-130. Fees.

The following fees apply:. All fees are nonrefundable and will not be prorated.

FEE TYPE	AMOUNT DUE September 1, 2022, through August 31, 2024	AMOUNT DUE September 1, 2024, and after	WHEN DUE
Individuals:
Application	$90	$105	With application
License by Endorsement	$90	$105	With application
Renewal	$90	$105	With renewal card prior to expiration date
Reinstatement	$180* *includes $90 renewal fee and $90 reinstatement fee	$210* *includes $105 renewal fee and $105 reinstatement fee	With reinstatement application
Instructors Instructor Certificate:
Application	$110	$125	With application
License by Endorsement	$110	$125	With application
Renewal	$110	$150 $20	With renewal card prior to expiration date
Reinstatement	$220* *includes $110 renewal fee and $110 reinstatement fee	$300* $40* *includes $150 $20 renewal fee and $150 $20 reinstatement fee	With reinstatement application
Parlors or salons:
Application	$165	$190	With application
Renewal	$165	$190	With renewal card prior to expiration date
Reinstatement	$330* *includes $165 renewal fee and $165 reinstatement fee	$380* *includes $190 renewal fee and $190 reinstatement fee	With reinstatement application
Schools:
Application	$185	$220	With application
Renewal	$185	$220	With renewal card prior to expiration date
Reinstatement	$370* *includes $185 renewal fee and $185 reinstatement fee	$440* *includes $220 renewal fee and $220 reinstatement fee	With reinstatement application

18VAC41-50-140. Refunds. (Repealed.)

All fees are nonrefundable and shall not be prorated.

18VAC41-50-150. License renewal required.

A. Tattooer licenses, tattoo parlor licenses, tattooing instructors certificates, tattooing schools licenses, permanent cosmetic tattooer licenses, master permanent cosmetic tattooer licenses, permanent cosmetic tattoo salon licenses, permanent cosmetic tattooing instructor certificate, master permanent cosmetic tattooing instructor certificates, and permanent cosmetic tattooing schools licenses shall will expire two years from the last day of the month in which they were issued.

B. Guest tattooer licenses will expire 14 days after the effective date of the license and may not be renewed.

18VAC41-50-160. Continuing education requirement.

All licensed tattooers, permanent cosmetic tattooers, and master permanent cosmetic tattooers shall be required to must satisfactorily complete board-approved health education to include (i) bloodborne disease, sterilization, and aseptic techniques related to tattooing; and (ii) first aid; and (iii) CPR during their licensed term. Documentation of training completion shall must be provided at the time of renewal along with the required fee.

18VAC41-50-170. Notice of renewal.

The Department of Professional and Occupational Regulation will mail a renewal notice to the licensee or certificate holder outlining the procedures for renewal. Failure to receive this notice, however, shall does not relieve the licensee or certificate holder of the obligation to renew. If the licensee or certificate holder fails to receive the renewal notice, a copy of the old license or certificate may be submitted as evidence of intent to renew, along with the required fee.

18VAC41-50-180. Failure to renew.

A. When a licensed or certified an individual or business entity fails to renew its license or certificate within 30 days following the expiration date of the license or certificate, the licensee shall or certificate holder must meet the renewal continuing education requirements as prescribed in 18VAC41-50-170 18VAC41-50-160 and apply for reinstatement of the license by submitting to the Department of Professional and Occupational Regulation a reinstatement application along with the required renewal and pay the reinstatement fees.

B. When a licensed or certified an individual or business entity fails to renew its license or certification within two years following the expiration date, reinstatement is no longer possible. To resume practice:

1. The former licensee shall or certificate holder must apply for licensure or certification as a new applicant, shall and meet all current application entry requirements, shall pass the board's current examination, and shall receive a new license for each respective license or certificate. Individual licensees failing to renew must provide documentation of completion of board-approved health education to include (i) bloodborne pathogens, sterilization, and aseptic techniques related to tattooing and (ii) first aid.

2. An individual initially granted licensure under an examination exemption, known as grandfathering, pursuant to 18VAC41-50-20 A 6, shall submit a new application showing the individual met the requirements of the applicable examination waiver provision, demonstrate five previously licensed in Virginia for a minimum of three years of licensed experience, must (i) submit a new application; (ii) submit documentation of completion of board-approved health education to include (a) bloodborne pathogens, sterilization, and aseptic techniques related to tattooing and (b) first aid; and (iii) pass the required examination.

C. The application for When a licensed school fails to renew its license within 30 days following its expiration date, the licensee must pay the reinstatement fee.

1. After 180 days, the school must submit a reinstatement for a school license shall application and provide (i) the reasons for failing to renew prior to the expiration date, and (ii) a notarized statement that all students currently enrolled or seeking to enroll at the school have been notified in writing that the school's license has expired. All of these materials shall be called the application package. Reinstatement After 180 days, reinstatement will be considered by the board if the school consents to and satisfactorily passes an inspection of the school and if the school's records are maintained in accordance with 18VAC41-50-250 and 18VAC41-50-330. Pursuant to 18VAC41-50-100, and 18VAC41-50-230, and 18VAC41-50-310 upon receipt of the reinstatement fee, application package, and inspection results, the board may reinstate the school's license or require requalification or both.

2. If the reinstatement application package and reinstatement fee are not received by the board within six months following the expiration date of the school's license, the board will notify the testing service that prospective graduates of the unlicensed school are not acceptable candidates for the examination. Such notification will be sent to the school and must be displayed in a conspicuous manner by the school in an area that is accessible to the public. No student shall be disqualified from taking the examination because the school was not licensed for a portion of the time the student attended if the school license is reinstated by the board.

D. The date a renewal fee is received by the Department of Professional and Occupational Regulation, or its agent, will be used to determine whether the requirement for reinstatement of a license is applicable and an additional fee is required.

E. When a license or certificate is reinstated, the licensee shall have the same license number and shall or certificate holder will be assigned an expiration date two years from the date of the last day of the month of reinstatement.

F. A licensee or certificate holder that reinstates its license shall or certificate will be regarded as having been continuously licensed without interruption. Therefore, a licensee shall or certificate holder will be subject to the authority of the board for activities performed prior to reinstatement.

G. A licensee or certificate holder that fails to reinstate its license shall or certificate will be regarded as unlicensed or uncertified from the expiration date of the license or certificate forward. Nothing in this chapter shall divest divests the board of its authority to discipline a licensee or certificate holder for a violation of the law or regulations during the period of time for which the individual was licensed or certified.

18VAC41-50-190. General requirements.

A. Any person desiring to enroll in the tattooing apprenticeship program shall will be required to provide documentation of satisfactory completion of a minimum of five hours of board-approved health education to include but not limited to (i) bloodborne disease, sterilization, and aseptic techniques related to tattooing, and (ii) first aid and CPR.

B. Any tattooer desiring approval to perform the duties of an apprenticeship sponsor and offer the board's tattooing apprenticeship program shall must meet the requirements of 18VAC41-50-70.

C. All apprenticeship training shall must be conducted in a tattoo parlor that has met the requirements of 18VAC41-50-80.

18VAC41-50-200. Apprenticeship curriculum requirements.

Apprenticeship curriculum requirements are as follows:

1. Microbiology.

a. Microorganisms, viruses, bacteria, fungi;

b. Transmission cycle of infectious diseases; and

c. Characteristics of antimicrobial agents.

2. Immunization.

a. Types of immunizations;

b. Hepatitis A— through G transmission and immunization;

c. HIV/AIDS;

d. Tetanus, streptococcal, zoonotic, tuberculosis, pneumococcal, and influenza;

e. Measles, mumps, and rubella;

f. Vaccines and immunization; and

g. General preventative measures to be taken to protect the tattooer and client.

3. Sanitation and disinfection.

a. Definition of terms.

(1) Sterilization;

(2) Disinfection and disinfectant;

(3) Sterilizer or sterilant;

(4) Antiseptic;

(5) Germicide;

(6) Decontamination; and

(7) Sanitation.

b. The use of steam sterilization equipment and techniques;

c. The use of chemical agents, antiseptics, disinfectants, and fumigants;

d. The use of sanitation equipment;

e. Preservice sanitation procedure; and

f. Post-service sanitation procedure.

4. Safety.

a. Proper needle handling and disposal;

b. How to avoid overexposure to chemicals;

c. The use of Material Safety Data Sheets;

d. Blood spill procedures;

e. Equipment and instrument storage; and

f. First aid and CPR.

5. Bloodborne pathogen standards.

a. Occupational Safety and Health Administration (OSHA) and Centers for Disease Control and Prevention (CDC) bloodborne pathogen standards;

b. Control plan for bloodborne pathogens;

c. Exposure control plan for tattooers;

d. Overview of compliance requirements; and

e. Disorders and when not to service a client.

6. Professional standards.

a. History of tattooing;

b. Ethics;

c. Recordkeeping:

(1) Client health history;

(2) Consent forms; and

(3) HIPAA (Health Insurance Portability and Accountability Act of 1996 Privacy Rule) Standards.

d. Preparing station, making appointments, parlor ethics:

(1) Maintaining professional appearance, and notifying clients of schedule changes; and

(2) Promoting services of the parlor and establishing clientele.

e. Parlor management:

(1) Licensing requirements; and

(2) Taxes.

f. Supplies:

(1) Usages;

(2) Ordering; and

(3) Storage.

7. Tattooing.

a. Client consultation;

b. Client health form;

c. Client disclosure form;

d. Client preparation;

e. Sanitation and safety precautions;

f. Implement selection and use;

g. Proper use of equipment; and

h. Material selection and use;

i. Needles;

j. Ink;

k. Machine:

(1) Construction;

(2) Adjustment; and

(3) Power supply;

l. Art, drawing; and

m. Portfolio.

8. Anatomy:

a. Understanding of skin; and

b. Parts and functions of skin.

9. Virginia tattooing laws and regulations.

18VAC41-50-210. Hours of instruction and performances.

A. Curriculum requirements specified in 18VAC41-50-200 shall must be taught over a minimum of 1500 hours as follows:

1. 350 hours shall must be devoted to theory pertaining to subdivisions 1, 2, 4, 5, 6, 8, and 9 of 18VAC41-50-200;

2. 150 hours shall must be devoted to theory pertaining to subdivision 3 of 18VAC41-50-200; and

3. The remaining 1000 1,000 hours shall must be devoted to practical training to include apprenticeship curriculum requirements and a minimum of 100 performances pertaining to subdivision 7 of 18VAC41-50-200.

B. An approved tattooing apprenticeship program may conduct an assessment of an apprentice's competence in the theory and practical requirements for tattooing and, based on the assessment, give a maximum of 700 hours of credit toward the requirements in subdivisions A 1 and A 3 of this section. No credit shall be allowed for the 150 hours required in subdivision A 2 of this section.

Part VI

Tattooing and Permanent Cosmetic Tattooing Schools

18VAC41-50-220. Applicants for tattooing school license. (Repealed.)

Any person or entity desiring to operate a tattooing school shall submit an application to the board at least 60 days prior to the date for which approval is sought.

18VAC41-50-230. General requirements.

A tattooing and permanent cosmetic tattooing school shall must:

1. Hold a tattooing or permanent cosmetic tattooing school license for each and every location. Any suites or classrooms that are located in a different building or are further than 500 feet from the main office are considered a separate location and require the school hold an additional license.

2. Hold a tattoo parlor license or salon license if the school receives compensation for services provided in its clinic.

3. Employ a staff of, and ensure all training is conducted under the direct supervision of, licensed and certified tattooing, permanent cosmetic tattooing, or master permanent cosmetic tattooing instructors, respectively.

a. Licensed and certified tattoo instructors may also instruct permanent cosmetic tattooing and master permanent cosmetic tattooing programs.

b. Licensed and certified master permanent cosmetic instructors may also instruct permanent cosmetic tattooing programs.

c. Instructor programs must be taught by a certified instructor.

d. Any change in instructors must be reported to the board within 30 days of the change.

4. Develop individuals for entry-level competency in tattooing, permanent cosmetic tattooing, or master permanent cosmetic tattooing.

5. Submit its curricula for board approval. All changes to curricula must be resubmitted and approved by the board. The theory portions of the curriculum may be offered online. Practical instruction must be obtained in a traditional brick-and-mortar classroom setting. Schools must utilize technologies and practices that are effective in verifying the identity of distance-learning students who participate in class or coursework (e.g., a secure login and passcode) while protecting student privacy. Educational technologies must be capable of monitoring a student's time and activities. The school must utilize a measure of competency (e.g., examination) of the information the student is taught online, which shall be completed in a traditional brick-and-mortar classroom.

a. Tattoo curricula must be based on a minimum of 1,000 clock or equivalent credit hours and must include performances in accordance with 18VAC41-50-280 C.

b. Permanent cosmetic tattoo curricula must be based on a minimum of 200 clock or equivalent credit hours and must include performances in accordance with 18VAC41-50-280 D.

c. Master permanent cosmetic tattoo curricula must be based on a minimum of 200 clock or equivalent credit hours and must include performances in accordance with 18VAC41-50-280 E.

6. Inform the public that all services are performed by students if the tattooing or permanent cosmetic tattooing school receives compensation for services provided in its clinic by posting a notice in the reception area of the shop parlor or salon in plain view of the public.

7. Conduct classroom instruction in an area separate from the area where practical instruction is conducted and services are provided.

8. Conduct all instruction and training of students under the direct supervision of a licensed and certified tattooing instructor.

18VAC41-50-250. Records.

A. Schools are required to keep upon graduation, termination, or withdrawal, written records of hours and performances showing what instruction a student has received for a period of must maintain on the premises of each school and available for inspection by the board or any of its agents the following records for the period of a student's enrollment through five years after the student terminates or completes student's completion of the curriculum of the school. These records shall be available for inspection by the Department of Professional and Occupation Regulation. All records must be kept on the premises of each school., termination, or withdrawal:

1. Enrollment application containing the student's signature and a two-inch-by-two-inch color head and shoulders photograph;

2. Daily record of attendance containing the student's signature;

3. Student clock hours containing the student's signature and method of calculation;

4. Practical performance completion sheets containing the student's signature;

5. Final transcript;

6. Course descriptions; and

7. All other relevant documents that account for a student's accrued clock hours and practical applications.

B. For a period of five years after a student completes the curriculum, terminates, or withdraws from the school, schools are required to provide documentation of hours and performances completed by a student upon receipt of a written request from the student Schools must produce to the board or any of its agents within 10 days of the request any document, book, or record concerning any student or for which the licensee is required to maintain records for inspection and copying by the board or its agents. The board may extend such timeframe upon a showing of extenuating circumstances prohibiting delivery within such 10-day period.

C. Schools shall must, within 21 days upon receipt of a written request from a student, provide documentation of hours and performances completed by the student as required to be maintained by subsection A of this section.

D. Prior to a school changing ownership or a school closing, the schools are required to provide to current students documentation of hours and performances completed.

E. For a period of one year after a school changes ownership, schools are required to provide documentation of hours and performances completed by a current student upon receipt of a written request from the student.

18VAC41-50-255. Reporting.

A. Each school must provide student rosters to the board quarterly, no later than January 15, April 15, July 15, and October 15 of every year.

1. Each school must provide a roster of all enrolled students and a roster of students who attended in the six months prior to the reporting deadline.

2. Students who are enrolled but have not begun classes must be included in the report.

B. Rosters must be submitted via a secure link provided by the board on the board-supplied document, which will include the student's full name, date of birth, program type, date enrolled, the total number of hours to-date, and the date completed, terminated, or withdrawn.

C. Schools with no students enrolled, but the intention of operating, must submit a report to that effect.

D. Schools with no students enrolled that no longer wish to operate should terminate licensure in accordance with board regulations.

18VAC41-50-280. Tattooing and permanent cosmetic tattooing school curriculum requirements.

A. Any person desiring to enroll in the a tattooing or permanent cosmetic tattooing school shall will be required to provide documentation of satisfactory completion of a minimum of five hours of board-approved health education to include (i) bloodborne disease, sterilization, and aseptic techniques related to tattooing; and (ii) first aid; and (iii) CPR.

B. Tattooing school curriculum requirements are as follows: Each tattoo or permanent cosmetic tattoo school must submit with its application a curriculum, including a course syllabus, a detailed course content outline, a sample of five lesson plans, a sample of evaluation methods to be used, days and hours of instruction, program length, a sample of a final transcript, and a breakdown of hours and performances for all courses to be taught that will lead to licensure.

C. The outline for tattooing must include the following:

1. Microbiology - minimum of 100 hours of instruction.

a. Microorganisms, viruses, bacteria, fungus;

b. Transmission cycle of infectious diseases; and

c. Characteristics of antimicrobial agents.

2. Immunization - minimum of 50 hours of instruction.

a. Types of immunizations;

b. Hepatitis A through G transmission and immunization;

c. HIV/AIDS;

d. Tetanus, streptococcal, zoonotic, tuberculosis, pneumococcal, and influenza;

e. Measles, mumps, and rubella;

f. Vaccines and immunization; and

g. General preventative measures to be taken to protect the tattooer and client.

3. Sanitation and disinfection - minimum of 150 hours of instruction.

a. Definition of terms:

(1) Sterilization;

(2) Disinfection and disinfectant;

(3) Sterilizer or sterilant;

(4) Antiseptic;

(5) Germicide;

(6) Decontamination; and

(7) Sanitation.;

b. The use of steam sterilization equipment and techniques;

c. The use of chemical agents, antiseptics, disinfectants, and fumigants;

d. The use of sanitation equipment;

e. Preservice sanitation procedure; and

f. Postservice sanitation procedure.

4. Safety - minimum of 50 hours of instruction.

a. Proper needle handling and disposal;

b. How to avoid overexposure to chemicals;

c. The use of Material Safety Data Sheets;

d. Blood spill procedures;

e. Equipment and instrument storage; and

f. First aid and CPR.

5. Bloodborne pathogen standards - minimum of 50 hours of instruction.

a. Occupational Safety and Health Administration (OSHA) and Centers for Disease Control and Prevention (CDC) bloodborne pathogen standards;

b. Control plan for bloodborne pathogens;

c. Exposure control plan for tattooers;

d. Overview of compliance requirements; and

e. Disorders and when not to service a client.

6. Professional standards - minimum of 30 hours of instruction.

a. History of tattooing;

b. Ethics;

c. Recordkeeping:

(1) Client health history;

(2) Consent forms; and

(3) HIPAA (Health Insurance Portability and Accountability Act of 1996 Privacy Rule) Standards;

d. Preparing station, making appointments, parlor ethics:

(1) Maintaining professional appearance, notifying clients of schedule changes; and

(2) Promoting services of the parlor and establishing clientele;

e. Parlor management.:

(1) Licensing requirements; and

(2) Taxes; and

f. Supplies.:

(1) Usages;

(2) Ordering; and

(3) Storage.

7. Tattooing - minimum of 500 hours of instruction.

a. Client consultation;

b. Client health form;

c. Client disclosure form;

d. Client preparation;

e. Sanitation and safety precautions;

f. Implement selection and use;

g. Proper use of equipment;

h. Material selection and use;

i. Needles:

(1) Groupings;

(2) Properties; and

(3) Making;

j. Ink;

k. Machine:

(1) Construction;

(2) Adjustment; and

(3) Power supply;

l. Art, drawing; and

m. Portfolio.

8. Anatomy - minimum of 60 hours of instruction.

a. Understanding of skin; and

b. Parts and functions of skin.

9. Virginia tattooing laws and regulations - minimum of 10 hours of instruction.

D. The outline for permanent cosmetic tattooing must include the following:

1. Virginia tattooing laws and regulations - minimum of five hours of instruction.

2. Machines and devices - minimum of 15 hours of instruction:

a. Coil or rotary machine;

b. Hand device; and

c. Other devices.

3. Needles and cartridges - minimum of 10 hours of instruction:

a. Types;

b. Uses; and

c. Application.

4. Anatomy - minimum of 10 hours of instruction:

a. Layers of skin;

b. Parts and functions of skin; and

c. Diseases.

5. Color theory - minimum of five hours of instruction:

a. Skin and pigment color; and

b. Handling and storage of pigments.

6. Transmission cycle of infectious diseases - minimum of five hours of instruction.

7. Immunization - minimum of five hours of instruction:

a. Types of immunizations; and

b. General preventative measures to be taken to protect the tattooer and client.

8. Sanitation and disinfection - minimum of 15 hours of instruction:

a. Definition of terms:

(1) Sterilization;

(2) Disinfection and disinfectant;

(3) Sterilizer or sterilant;

(4) Antiseptic;

(5) Germicide;

(6) Decontamination; and

(7) Sanitation;

b. The use of steam sterilization equipment and techniques;

c. The use of chemical agents, antiseptics, and disinfectants;

d. The use of sanitation equipment;

e. Preservice sanitation procedure; and

f. Postservice sanitation procedure.

9. Safety - minimum of five hours of instruction:

a. Proper needle handling and disposal;

b. Blood spill procedures;

c. Equipment and instrument storage; and

d. First aid.

10. Bloodborne pathogen standards - minimum of five hours of instruction:

a. OSHA and CDC bloodborne pathogen standards;

b. Overview of compliance requirements; and

c. Disorders and when not to service a client.

11. Anesthetics - minimum of 10 hours of instruction:

a. Use;

b. Types;

c. Application; and

d. Removal.

12. Equipment - minimum of five hours of instruction:

a. Gloves;

b. Masks;

c. Apron;

d. Chair;

e. Lighting; and

f. Work table.

13. Professional standards - minimum of five hours of instruction:

a. History of permanent cosmetic tattooing;

b. Ethics;

c. Recordkeeping:

(1) Client health history; and

(2) Consent forms;

d. Preparing station, making appointments, and salon ethics:

(1) Maintaining professional appearance and notifying clients of schedule changes; and

(2) Promoting services of the salon and establishing clientele; and

e. Salon management:

(1) Licensing requirements; and

(2) Taxes.

14. Permanent cosmetic tattooing - minimum of 100 hours of instruction:

a. Client consultation;

b. Client health form;

c. Client disclosure form;

d. Client preparation;

e. Drawing and mapping;

f. Sanitation and safety precautions;

g. Implement selection and use;

h. Proper use of equipment;

i. Material selection and use;

j. Eyebrows;

k. Microblading;

l. Eyeliner;

m. Lip coloring;

n. Lip liners; and

o. Scalp micropigmentation.

E. The outline for master permanent cosmetic tattooing must include the following:

1. Virginia tattooing laws and regulations - minimum of five hours of instruction.

2. Machines and devices - minimum of five hours of instruction:

a. Coil or rotary machine;

b. Hand device; and

c. Other devices.

3. Needles and cartridges - minimum of five hours of instruction:

a. Types;

b. Uses; and

c. Application.

4. Advanced practical clinical anatomy - minimum of 10 hours of instruction:

a. Eyelid anatomy;

b. Lip anatomy; and

c. Breast anatomy.

5. Advanced color theory - minimum of 10 hours of instruction.

6. Organic and inorganic pigment - minimum of five hours of instruction.

7. Understanding the surgical process - minimum of five hours of instruction:

a. The latissimus dorsi flap procedure;

b. Abdominoplasty and breast reconstruction;

c. Other reconstruction procedures:

(1) Deep inferior epigastric artery (perforator DIEP) flap; and

(2) Superior gluteal artery (perforator DIEP) flap;

d. Flap size versus areola size; and

e. Implant reconstruction:

(1) Tissue expansion;

(2) Placing the implant;

(3) Implant versus flap reconstruction;

(4) Saline versus silicone;

(5) Radiation therapy; and

(6) Lymphedema.

8. Client consultation - minimum of 10 hours of instruction.

9. Breast areolar pigmentation - minimum of 10 hours of instruction:

a. Chart notes;

b. Health Insurance Portability and Accountability Act (HIPAA);

c. Room setup;

d. Anesthetic for breast procedures;

e. Color selection;

f. Needle selection;

g. Design and placement:

(1) Position of the areola or nipple complex;

(2) The Penn Triangle;

(3) Diameter of the areola; and

(4) Nipple reconstruction;

h. Creating three-dimensional nipple or areola:

(1) Understanding and creating a reflection of light; and

(2) The value of color;

i. Covering scar tissue and periareolar scar blending;

j. Aftercare:

(1) Tegaderm aftercare instructions; and

(2) Follow up; and

k. Precautions and contraindications.

10. Skin cancer - minimum of five hours of instruction:

a. Basal cell carcinomas;

b. Squamous cell carcinomas; and

c. Melanoma.

11. The art of camouflage - minimum of 10 hours of instruction:

a. Client or patient selection and handling;

b. Contraindications and when not to perform services;

c. Skin tones;

d. Color selection and skin tone matching;

e. Scars;

f. Burn scars; and

g. Common needle configurations used for camouflage.

12. Side effects - minimum of five hours of instruction.

13. Insurance - minimum of five hours of instruction.

14. Master permanent cosmetic tattooing procedures - minimum of 110 hours of instruction:

a. Lip;

b. Areola;

c. Blush;

d. Camouflage; and

e. Eyeshadow.

C. F. A licensed tattoo or permanent cosmetic tattoo school may conduct an assessment of a transfer student's competence in the respective profession and, based on the assessment, give credit toward the hours requirements specified in this section and 18VAC41-50-290. A licensed tattooing or permanent cosmetic tattooing school with an approved master permanent cosmetic tattooing program may conduct an assessment of a transfer student's competence in master permanent cosmetic tattooing and, based on the assessment, give credit toward the requirements specified in subsection E of this section and 18VAC41-50-290 D.

The school shall must make the assessment based on a review of the student's transcript, documentation of hours and performances provided to the student by the school from where the student is transferring, and the successful completion of a board-approved competency examination administered by the school. The school may also request a copy of a catalog or bulletin giving the full course description when making the evaluation. The number of credit hours awarded shall must not exceed the actual hours of instruction verified on the transcript or the number of hours specified in the board-approved curriculum for a specific topic. Credit may only be given for in-person training.

18VAC41-50-290. Hours of instruction and performances.

A. Curriculum Tattooing curriculum requirements specified in 18VAC41-50-280 shall C must be taught over a minimum of 1,000 hours as follows:

1. 350 hours shall must be devoted to theory pertaining to 18VAC41-50-280 B C 1, 2, 4, 5, 6, 8, and 9;

2. 150 hours shall must be devoted to theory pertaining to 18VAC41-50-280 B C 3; and

3. The remaining 500 hours shall must be devoted to practical training to include tattooing curriculum requirements and a minimum of 100 performances pertaining to 18VAC41-50-280 B C 7.

B. An approved tattooing school may conduct an assessment of a student's competence in the theory and practical requirements for tattooing and, based on the assessment, give a maximum of 700 hours of credit toward the requirements in subdivisions A 1 and A 3 of this section. No credit shall be allowed for the 150 hours required in subdivision A 2 of this section Curriculum and performance requirements specified in 18VAC41-50-280 D and E must be taught over a minimum of 200 clock hours for permanent cosmetic tattooing program and 200 clock hours for a master permanent cosmetic tattooing program.

C. Individuals enrolled in a program prior to July 1, 2022, may complete the program at the hours in effect at the time they enrolled. A minimum of 60 performances must be completed as part of the permanent cosmetic tattooing instruction, including:

Eyebrow	10 performances
Microblading	10 performances
Lip Liner	five performances
Lip Color	five performances
Eyeliner	10 performances
Scalp micropigmentation	20 performances

D. A minimum of 55 performances must be completed as part of the master permanent cosmetic tattooing instruction, including:

Lip (cleft lip repigmentation)	five performances
Areola	10 performances
Blush application	10 performances
Camouflage	10 performances
Scar repigmentation	10 performances
Eyeshadow	10 performances

E. Completion of performances are determined as follows:

1. Two complete eyebrows constitutes one performance;

2. Two complete eye liners constitutes one performance;

3. One complete lip liner (bottom or top lip separately) constitutes one performance;

4. One complete lip color (bottom or top lip separately) constitutes one performance; and

5. Two complete eyeshadows constitute one performance.

Part VII

Permanent Cosmetic Tattooing Schools (Repealed)

18VAC41-50-300. Applicants for permanent cosmetic tattooing school license. (Repealed.)

Any person or entity desiring to operate a permanent cosmetic tattooing school shall submit an application to the board at least 60 days prior to the date for which approval is sought.

18VAC41-50-310. General requirements. (Repealed.)

A permanent cosmetic tattooing school shall:

1. Hold a permanent cosmetic tattooing school license for each and every location.

2. Hold a permanent cosmetic tattoo salon license if the school receives compensation for services provided in the area where practical instruction is conducted and services are provided.

3. Employ a staff of licensed and certified permanent cosmetic tattooing instructors or licensed and certified master permanent cosmetic tattooing instructors.

4. Develop individuals for entry-level competency in permanent cosmetic tattooing or master permanent cosmetic tattooing.

5. Submit its curricula for board approval.

6. Inform the public that all services are performed by students if the permanent cosmetic tattooing school receives compensation for services provided in its clinic by posting a notice in the reception area of the shop or salon in plain view of the public.

7. Conduct classroom instruction in an area separate from the area where practical instruction is conducted and services are provided.

8. Conduct all instruction and training of permanent cosmetic tattooers under the direct supervision of a licensed and certified permanent cosmetic tattooing instructor or a licensed and certified master permanent cosmetic tattooing instructor.

9. Conduct all instruction and training of master permanent cosmetic tattooers under the direct supervision of a licensed and certified master permanent cosmetic tattooing instructor.

18VAC41-50-330. Records. (Repealed.)

A. Schools are required to keep upon graduation, termination or withdrawal, written records of hours and performances showing what instruction a student has received for a period of five years after the student terminates or completes the curriculum of the school. These records shall be available for inspection by the department. All records must be kept on the premises of each school.

B. For a period of five years after a student completes the curriculum, terminates or withdraws from the school, schools are required to provide documentation of hours and performances completed by a student upon receipt of a written request from the student.

C. Prior to a school changing ownership or a school closing, schools are required to provide to current students documentation of hours and performances completed.

D. For a period of one year after a school changes ownership, schools are required to provide documentation of hours and performances completed by a current student upon receipt of a written request from the student.

18VAC41-50-360. Permanent cosmetic tattooing school curriculum requirements. (Repealed.)

A. Any person desiring to enroll in the permanent cosmetic tattooing school shall be required to provide documentation of satisfactory completion of health education on bloodborne disease.

B. Permanent cosmetic tattooing school curriculum requirements are as follows:

1. Virginia tattooing laws and regulations.

2. Machines and devices.

a. Coil machine;

b. Hand device; and

c. Others devices.

3. Needles.

a. Types;

b. Uses; and

c. Application.

4. Anatomy.

a. Layers of skin;

b. Parts and functions of skin; and

c. Diseases.

5. Color theory.

a. Skin and pigment color; and

b. Handling and storage of pigments.

6. Transmission cycle of infectious diseases.

7. Immunization.

a. Types of immunizations; and

b. General preventative measures to be taken to protect the tattooer and client.

8. Sanitation and disinfection.

a. Definition of terms:

(1) Sterilization;

(2) Disinfection and disinfectant;

(3) Sterilizer or sterilant;

(4) Antiseptic;

(5) Germicide;

(6) Decontamination; and

(7) Sanitation;

b. The use of steam sterilization equipment and techniques;

c. The use of chemical agents, antiseptics, and disinfectants;

d. The use of sanitation equipment;

e. Preservice sanitation procedure; and

f. Postservice sanitation procedure.

9. Safety.

a. Proper needle handling and disposal;

b. Blood spill procedures;

c. Equipment and instrument storage; and

d. First aid.

10. Bloodborne pathogen standards.

a. OSHA and CDC bloodborne pathogen standards;

b. Overview of compliance requirements; and

c. Disorders and when not to service a client.

11. Anesthetics.

a. Use;

b. Types;

c. Application; and

d. Removal.

12. Equipment.

a. Gloves;

b. Masks;

c. Apron;

d. Chair;

e. Lighting; and

f. Work table.

13. Professional standards.

a. History of permanent cosmetic tattooing;

b. Ethics;

c. Recordkeeping:

(1) Client health history; and

(2) Consent forms;

d. Preparing station, making appointments, salon ethics:

(1) Maintaining professional appearance, notifying clients of schedule changes; and

(2) Promoting services of the salon and establishing clientele; and

e. Salon management:

(1) Licensing requirements; and

(2) Taxes.

14. Permanent cosmetic tattooing.

a. Client consultation;

b. Client health form;

c. Client disclosure form;

d. Client preparation;

e. Drawing and mapping;

f. Sanitation and safety precautions;

g. Implement selection and use;

h. Proper use of equipment;

i. Material selection and use;

j. Eyebrows;

k. Microblading;

l. Eyeliner;

m. Lip coloring;

n. Lip liners; and

o. Scalp micropigmentation.

C. Master permanent cosmetic tattooing program curriculum requirements are as follows:

1. Virginia tattooing laws and regulations.

2. Machines and devices:

a. Coil machine;

b. Hand device; and

c. Others devices.

3. Needles:

a. Types;

b. Uses; and

c. Application.

4. Advanced practical clinical anatomy:

a. Eyelid anatomy;

b. Lip anatomy; and

c. Breast anatomy.

5. Advanced color theory.

6. Organic and inorganic pigment.

7. Understanding the surgical process:

a. The latissimus dorsi flap procedure;

b. Abdominoplasty and breast reconstruction;

c. Other reconstruction procedures:

(1) Deep inferior epigastric artery perforator (DIEP) flap; and

(2) Superior gluteal artery perforator (DIEP) flap;

d. Flap size versus areola size; and

e. Implant reconstruction:

(1) Tissue expansion;

(2) Placing the implant;

(3) Implant versus flap reconstruction;

(4) Saline versus silicone;

(5) Radiation therapy; and

(6) Lymphedema.

8. Client consultation.

9. Breast areolar pigmentation:

a. Chart notes;

b. Health Insurance Portability and Accountability Act (HIPAA);

c. Room setup;

d. Anesthetic for breast procedures;

e. Color selection;

f. Needle selection;

g. Design and placement;

(1) Position of the areola/nipple complex;

(2) The Penn Triangle;

(3) Diameter of the areola; and

(4) Nipple reconstruction;

h. Creating three-dimensional nipple/areola;

(1) Understanding and creating a reflection of light; and

(2) The value of color;

i. Covering scar tissue and periareolar scar blending;

j. Aftercare;

(1) Tegaderm aftercare instructions; and

(2) Follow up; and

k. Precautions and contraindications.

10. Skin cancer:

a. Basal cell carcinomas;

b. Squamous cell carcinomas; and

c. Melanoma.

11. The art of camouflage:

a. Client/patient selection and handling;

b. Contraindications and when not to perform services;

c. Skin tones;

d. Color selection and skin tone matching;

e. Scars;

f. Burn scar; and

g. Common needle configurations used for camouflage.

12. Side effects.

13. Insurance.

14. Master permanent cosmetic tattooing procedures:

a. Lip;

b. Areola;

c. Blush;

d. Camouflage; and

e. Eyeshadow.

D. A licensed school with an approved permanent cosmetic tattooing or master permanent cosmetic tattooing program may conduct an assessment of a student's competence in the respective profession and, based on the assessment, give credit toward the hours requirements specified in the respective subsection of this section and 18VAC41-50-370.

The school shall make the assessment based on a review of the student's transcript and the successful completion of a board-approved competency examination administered by the school. The school may also request a copy of a catalog or bulletin giving the full course description when making the evaluation. The number of credit hours awarded shall not exceed the actual hours of instruction verified on the transcript or diploma or the number of hours specified in the board-approved curriculum for a specific topic. Credit may only be given for in-person training.

18VAC41-50-370. Hours of instruction and performances. (Repealed.)

A. Curriculum and performance requirements specified in 18VAC41-50-360 and this section shall be taught over a minimum of 200 clock hours for permanent cosmetic tattooing program and 200 clock hours for a master permanent cosmetic tattooing program.

B. A minimum of 50 performances shall be completed as part of the permanent cosmetic tattooing instruction, including two eyebrow, two microblading procedures, two lip liners, one lip color, and one full lips.

C. A minimum of 60 performances shall be completed as part of the master permanent cosmetic tattooing instruction, including:

Lip (cleft lip repigmentation)	10
Areola	10
Blush application	10
Camouflage	10
Scar repigmentation	10
Eyeshadow	10

D. Completion of performances are determined as follows:

1. Two complete eyebrows constitutes one performance;

2. Two complete eye liners constitutes one performance; and

3. One complete lip liner constitutes one performance.

E. Individuals enrolled in a program prior to July 1, 2022, may complete the program at the hours in effect at the time they enrolled.

18VAC41-50-380. Display of license.

A. The responsible management for each tattoo parlor or permanent cosmetic tattoo, salon shall, or school must ensure that all current licenses and certificates issued by the board shall be are displayed at the licensee's station or in plain view of the public either in the reception area or at individual work stations of the parlor, salon, or school. Duplicate licenses shall and certificates must be posted in a like similar manner in every parlor or, salon, or school location where the licensee provides services.

B. The responsible management for each tattoo parlor owner or permanent cosmetic tattoo, salon shall, or school must ensure that no licensee, apprentice, or student performs any service beyond the scope of practice for the applicable license.

C. The responsible management for each tattoo parlor or permanent cosmetic tattoo salon shall must offer to licensees the full series of Hepatitis B vaccine.

D. The responsible management for each tattoo parlor or permanent cosmetic tattoo salon shall must maintain a record for each licensee of one of the following:

1. Proof of completion of the full series of Hepatitis B vaccine;

2. Proof of immunity by blood titer; or

3. Written declaration of refusal of the responsible management's offer of a full series of Hepatitis B vaccine.

E. All licensees shall must operate under the name in which the license is issued.

18VAC41-50-390. Physical facilities Sanitation and safety standards.

A. A parlor or salon must be located in a permanent building or portion of a building, which structure must be in a location permissible under local zoning codes, if any. If applicable, the A parlor or salon shall must be separated from any living quarters by complete floor to ceiling partitioning and shall must contain no access to living quarters. Mobile parlors and salons must be stationary while providing services and may not operate where prohibited by local ordinance.

B. The parlor, salon, or temporary location shall must be maintained in a clean and orderly manner.

C. All facilities shall must have a blood spill clean-up kit in the work area that contains at minimum latex gloves, two 12-inch-by-12-inch towels, one disposable trash bag, bleach, one empty spray bottle, and one mask with face shield or any Occupational Safety and Health Administration approved blood spill clean-up kit.

D. Work surfaces shall must be cleaned with a U.S. Environmental Protection Agency (EPA) registered, hospital grade hospital-grade disinfectant. Surfaces that come in contact with blood or other body fluids shall must be immediately disinfected with an EPA registered EPA-registered germicide solution. Appropriate personal protective equipment shall must be worn during cleaning and disinfecting procedures.

E. Cabinets for the storage of instruments, pigments, single-use articles, stencils, and other utensils shall must be provided for each operator and shall must be maintained in a sanitary manner.

F. Bulk single-use articles shall must be commercially packaged and handled in such a way as to protect them from contamination.

G. All materials applied to the human skin shall must be from single-use articles or transferred from bulk containers to single-use containers and shall must be disposed of after each use.

H. The walls, ceilings, and floors shall must be kept in good repair. The tattooing area shall must be constructed of smooth, hard surfaces that are nonporous, free of open holes or cracks, light colored, and easily cleaned. New parlors shall must not include any dark-colored surfaces in the tattooing area. Existing parlors or salons with dark-colored surfaces in the tattooing area shall must replace the dark-colored surfaces with light-colored surfaces whenever the facilities are extensively remodeled or upon relocation of the business.

I. Parlors, salons, or temporary locations shall must have adequate lighting of at least 50-foot candles of illumination in the tattooing and sterilization areas.

J. Adequate mechanical ventilation shall must be provided in the parlor.

K. Each parlor, salon, or temporary location shall must be equipped with hand-cleaning facilities for its personnel with unobstructed access to the tattooing area such that the tattooer can return to the area without having to touch anything with the tattooer's hands. Hand-cleaning facilities shall must be equipped either with hot and cold or tempered running water under pressure and liquid germicidal soap or with a sanitizing solution to clean hands. Hand-cleaning facilities shall must be equipped with single-use towels or mechanical hand drying devices and a covered refuse container. Such facilities shall be kept clean and in good repair. All facilities must have running water and soap accessible for cleaning of hands contaminated by body fluids.

L. Animals are not permitted in the parlor, salon, or temporary location, except for guide or service animals accompanying persons with disabilities, or nonmammalian animals in enclosed glass containers, such as fish aquariums, which shall must be outside of the tattooing or sterilization areas. No animals are allowed in the tattooing or sterilization areas.

M. Use of tobacco products and consumption of alcoholic beverages shall must be prohibited in the tattooing or sterilization areas.

N. No food or drink will be stored or consumed in the tattooing or sterilization areas, except for client's use in order to sustain optimal physical condition; such food and drink must be individually packaged.

O. If tattooing is performed where cosmetology services are provided, it shall must be performed in an area that is separate and enclosed.

P. All steam sterilizers shall must be biological spore tested at least monthly.

Q. Biological spore tests shall must be verified through an independent laboratory.

R. Biological spore test records shall must be retained for a period of three years and made available upon request.

S. Steam sterilizers shall must be used only for instruments used by the parlor's employees.

18VAC41-50-400. Tattooer or permanent cosmetic tattooer or master permanent cosmetic tattooer responsibilities.

A. All tattooers shall must provide to the responsible management with one of the following:

1. Proof of completion of the full series of Hepatitis B vaccine;

2. Proof of immunity by blood titer; or

3. Written declaration of refusal of the responsible management's offer of a full series of Hepatitis B vaccine.

B. All tattooers shall must wear clean outer garments, maintain a high degree of personal cleanliness, and conform to hygienic practices while on duty.

C. All tattooers shall must clean their hands thoroughly using hot or tempered water with a liquid germicidal soap or use sanitizing solution to clean hands before and after tattooing and as necessary to remove contaminants.

D. All tattooers must wear single-use examination gloves while assembling tattooing instruments and while tattooing.

E. Each time there is an interruption in the service, the gloves become torn or perforated, or whenever the ability of the gloves to function as a barrier is compromised:

1. Gloves shall must be removed and disposed of; and

2. Hands shall must be cleaned and a fresh pair of gloves used.

F. Tattooers shall must use standard precautions while tattooing. A tattooer diagnosed with a communicable disease shall must provide to the Department of Professional and Occupation Regulation a written statement from a health care practitioner that the tattooer's condition no longer poses a threat to public health.

G. Tattooers with draining lesions on their hands or face will not be permitted to work until cleared by a health care professional.

H. The area of the client's skin to be tattooed shall must be cleaned with an approved germicidal soap according to label directions.

I. Tattooing pigments shall must be placed in a single-use disposable container for each client. Following the procedure, the unused contents and container will be properly disposed of.

J. If shaving is required, razors shall must be single-use. After use, razors shall must be recapped and properly disposed of.

K. Each tattooer performing any tattooing procedures in the parlor or salon shall must have the education, training, and experience, or any combination thereof to practice aseptic technique and prevent the transmission of bloodborne pathogens. All procedures shall must be performed using aseptic technique.

L. Multiuse instruments, equipment, furniture, and surfaces that may be contaminated during the tattooing process should must be covered or wrapped in a nonporous disposable barrier. This barrier should must be removed and disposed of after each service.

M. After the disposable barrier is removed, covered items should must be wiped down with a U.S. Environmental Protection Agency registered disinfectant that is bactericidal, virucidal, and fungicidal.

N. A set of individual, sterilized needles shall must be used for each client. Single-use disposable instruments shall be disposed of in a puncture resistant puncture-resistant container.

O. Used, nondisposable instruments, such as stainless steel tubes, tips, and grips, shall must be kept in a separate, puncture resistant puncture-resistant container until brush scrubbed in hot water soap and then sterilized by autoclaving. Contaminated instruments shall must be handled with disposable gloves.

P. Used nondisposable instruments that are ultrasonically cleaned shall must be rinsed under running hot water prior to being placed in the used instrument container;.

Q. Used nondisposable instruments that are not ultrasonically cleaned prior to being placed in the used instrument container shall must be kept in a germicidal or soap solution until brush scrubbed in hot water and soap and sterilized by autoclaving.

R. The ultrasonic unit shall must be sanitized daily with a germicidal solution.

S. Nondisposable instruments shall must be sterilized and shall be handled and stored in a manner to prevent contamination. Instruments to be sterilized shall must be sealed in bags made specifically for the purpose of autoclave sterilization and shall must include the date of sterilization. If nontransparent bags are utilized, the bag shall must also list the contents.

T. Autoclave sterilization bags with a color code indicator that changes color upon proper sterilization shall must be utilized during the autoclave sterilization process.

U. Nondisposable instruments shall must be placed in the autoclave in a manner to allow live steam to circulate around them.

V. A Sealed sealed, puncture proof puncture-proof dirty tube receptacle with cool, liquid sterilant should must be maintained in the biohazard or cleanup room.

W. Sharps containers should must be located within reach of the tattooing area.

X. Contaminated disposable and single-use items shall must be disposed of in accordance with federal and state regulations regarding disposal of biological hazardous materials.

Y. The manufacturer's written instructions of the autoclave shall must be followed.

18VAC41-50-410. Client qualifications, disclosures, and records.

A. Except as permitted in § 18.2-371.3 of the Code of Virginia, a client must be a minimum of 18 years of age and shall must present at the time of the tattooing or permanent cosmetic tattooing a valid, government issued government-issued, positive identification card including, such as a driver's license, passport, or military identification. The identification must contain a photograph of the individual and a printed date of birth.

B. The tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer shall must verify and document in the permanent client record the client's age, date of birth, and the type of identification provided.

C. No person may be tattooed or permanent cosmetic tattooed who appears to be under the influence of alcohol or drugs.

D. Tattooing or permanent cosmetic tattooing shall must not be performed on any skin surface that manifests any evidence of unhealthy conditions, such as rashes, boils, infections, abrasions, or on any asymmetrical, irregular, blurred, or multicolored mole.

E. Before receiving a tattoo or permanent cosmetic tattoo, each client and client's parent or guardian, if applicable, shall must be informed verbally and in writing, using the client disclosure form prescribed by the board, about the possible risk and dangers associated with the application of each tattoo. Signatures of both the client or client's parent or guardian and the tattooer shall must be required on the client disclosure form to acknowledge receipt of both the verbal and written disclosures.

F. The tattoo parlor or temporary location or permanent cosmetic tattoo salon shall must maintain proper records for each client. The information shall must be permanently recorded and made available for examination by the Department of Professional and Occupation Regulation or authorized agent. Records shall must be maintained at the tattoo parlor or permanent cosmetic tattoo salon for at least two years following the date of the last entry. The temporary location client records shall must be maintained by the license holder. The permanent records shall must include the following:

1. The name, address, and telephone number of the client or client's parent or guardian;

2. The date tattooing or permanent cosmetic tattooing was performed;

3. The client's age, date of birth, and a copy of the positive identification provided to the tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer;

4. The specific color or colors of the tattoo or permanent cosmetic tattoo and, when available, the manufacturer's catalogue or identification number of each color used;

5. The location on the body where the tattooing or permanent cosmetic tattooing was performed;

6. The name of the tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer;

7. A statement that the client or client's parent or guardian has received a copy of applicable written care instructions, and that the client has read and understands the instructions; and

8. The signature of the client and, if applicable, parent or guardian.

18VAC41-50-420. Grounds for license or certificate revocation, suspension or probation; denial of application, renewal, or reinstatement; or imposition of a monetary penalty.

The board may, in considering the totality of the circumstances, fine any licensee or certificate holder and suspend, place on probation, or revoke or refuse to issue, renew, or reinstate any a license or certificate, or deny any application; impose a monetary penalty; place a license or certificate on probation with such terms and conditions and for such time as it may designate; suspend a license or certificate for a stated period of time; or revoke a license or certificate issued under the provisions of Chapter 7 (§ 54.1-700 et seq.) of Title 54.1 of the Code of Virginia and this chapter if it finds that the licensee, certificate holder, or applicant:

1. Is incompetent or, negligent in tattooing, or incapable mentally or physically, or unable, as a result of any mental or physical condition, as those terms are generally understood in the profession, to skillfully and safely (i) practice as a tattooer, tattooer apprentice, permanent cosmetic tattooer, or master permanent cosmetic tattooer or (ii) operate a parlor, permanent cosmetic tattooing salon, or school;

2. Is convicted of fraud or deceit in the practice or teaching of tattooing or, permanent cosmetic tattooing, or master permanent cosmetic tattooing, fails to teach the board-approved curriculum as provided for in this chapter, or fails to comply with 18VAC41-50-280 F when making an assessment of credit hours awarded;

3. Obtained, attempted Attempts to obtain, renewed renew, or reinstated reinstate a license, certificate, or apprentice or temporary license by false or fraudulent representation;

4. Violates or induces others to violate, or cooperates with others in violating, any of the provisions of this chapter or Chapter 7 (§ 54.1-700 et seq.) of Title 54.1 of the Code of Virginia or any local ordinance or regulation governing standards of health and sanitation of the establishment in which tattooers, permanent cosmetic tattooers, or master permanent cosmetic tattooers may practice or offer to practice;

5. Offers, gives, or promises anything of value or benefit to any federal, state, or local employee for the purpose of influencing that employee to circumvent, in the performance of that employee's duties, any federal, state, or local law, regulation, or ordinance governing tattooing as defined in § 54.1-700 of the Code of Virginia;

6. Fails to respond to the board or any of its agents or provides false, misleading, or incomplete information to an inquiry by the board or any of its agents;

7. Fails or refuses to allow the board or any of its agents to inspect during reasonable hours any licensed parlor, salon, or school for compliance with provisions of Chapter 7 (§ 54.1-700 et seq.) or this chapter;

8. Fails to produce, upon request or demand of the board or any of its agents, any document, book, record, or copy thereof in a licensee's, certificate holder's, temporary license holder's, apprentice's, applicant's, or responsible management's possession or maintained in accordance with this chapter;

9. Fails to notify the board of a change of name or address in writing within 30 days of the change for each and every license, certificate, or apprentice or temporary license;

10. Makes any misrepresentation or publishes or causes to be published any advertisement that is false, deceptive, or misleading;

11. Fails to notify the board in writing within 30 days of the suspension, revocation, or surrender of a license or certificate in connection with a any final action or disciplinary action taken against a license, apprentice or temporary license, or certificate in any other jurisdiction or of any license or certificate that has been the subject of disciplinary action in any other jurisdiction by a local, state, or national regulatory body;

12. Has been convicted or found guilty, regardless of the manner of adjudication in Virginia or any other jurisdiction of the United States, of a misdemeanor involving moral turpitude, sexual offense, non-marijuana drug distribution, or physical injury or any felony, there being no appeal pending therefrom or the time for appeal having elapsed. Review of convictions shall be subject to the requirements of § 54.1-204 of the Code of Virginia. Any plea of nolo contendere shall be considered a conviction for purposes of this subdivision. The record of a conviction certified or authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted shall be admissible as prima facie evidence of such conviction or guilt;

13. Fails to inform the board in writing within 30 days of pleading guilty or nolo contendere or being convicted or found guilty regardless of adjudication of any convictions as stated in subdivision 12 of this section;

14. Allows, as responsible management of a parlor, or salon, or school, a person who has not obtained a license, temporary license, or guest tattooer license to practice as a tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer, unless the person is duly enrolled licensed as an apprentice;

15. Allows, as responsible management of a school, a person who has not obtained an instructor certificate or student instructor temporary license to practice as a tattooing or, permanent cosmetic tattooing instructor, or master permanent cosmetic tattooing instructor;

16. Fails to take sufficient measures to prevent transmission of communicable or infectious diseases or fails to comply with sanitary requirements provided for in this chapter or any local, state, or federal law or regulation governing the standards of health and sanitation for the practice of tattooing, or the operation of tattoo parlors or permanent cosmetic tattooing salons; or

17. Fails to comply with all procedures established by the board and the testing service with regard to conduct at any board examination.