Environmental Lead Program

CERTIFICATION
FREQUENTLY ASKED QUESTIONS (FAQs)

1. If I apply for a certification and pay the certification fee, can I get a refund if I don't qualify?
2. When must a certified individual become a certified Lead Firm?
3. Can a certified Lead Risk Assessor conduct a lead-based paint inspection of target housing (housing built before 1978) or in child-occupied facilities?
4. How many different certified entities should there be involved in a lead abatement project?
5. Must I have a certification ID card at the worksite?
6. Whom should I call if I have a certification question?
7. I am currently certified as a Lead Risk Assessor, but my two-year certification is about to expire. To renew my certification, must I take both the 8-hour Lead Inspector refresher course and the 8-hour Lead Risk Assessor refresher course?
8. I am currently certified as a Lead Abatement Project Designer, but my three-year certification is about to expire. To renew my certification, must I take the 8-hour Lead Abatement Supervisor refresher course and the 4-hour Lead Abatement Project Designer refresher course?
9. My three-year certification is about to expire. Can I renew my certification after the expiration date?
10. Is refresher training required every year in order to maintain certification?
11. I have taken training from a training provider not accredited by the Texas Department of State Health Services, but it followed the EPA-model course curriculum for a particular discipline and the trainer is accredited in another state other than Texas. Is this training valid for consideration toward meeting the training requirements for certification?
12. I am currently certified in another state other than Texas. Can I do lead-based paint work in Texas?
13. I am a certified Lead Inspector in Texas and have just completed an on-site lead-based paint inspection of a residential property. Can I provide the results of the inspection to a certified Lead Risk Assessor, who has never seen the property, to interpret the results of the inspection?
14. I took and passed the examination offered by my training provider at the end of my lead training course and a course completion certificate was issued to me. Am I now certified in Texas to do a lead-based paint activity (i.e., lead inspection, lead hazard screen, lead risk assessment, or lead abatement work) in target housing or child-occupied facilities?
15. I have read through your Texas Environmental Lead Reduction Rules (TELRR) and I find no mention of any "license" being issued by the Texas Department of State Health Services (DSHS), however I did find the term "certification" mentioned throughout the rules. I received a "certificate" at the completion of my training from my training provider. Am I now "certified"?
16. I have obtained "Lead Firm" certification for my company. Can this company now do lead-based paint work in Texas?
17. I own a rental house that was built in 1975 and I would like to renovate it. Must I use certified lead professionals to do the work? I have no idea if it contains lead-based paint.

1. If I apply for a certification and pay the certification fee, can I get a refund if I don't qualify?

Yes, if the Texas Department of State Health Services (DSHS) does not process a complete application within 60 days; or if the fee amount paid is in excess of the correct fee amount, the excess payment will be reimbursed; or if the applicant does not meet the certification requirements. In the last case, reimbursement of fees will be made, less a $25 administrative fee. (§295.205(f)(2)).

2. When must a certified individual become a certified Lead Firm?

Section 295.202(12) of the Texas Environmental Lead Reduction Rules (TELRR) defines a certified Lead Firm as, "A company, contractor, partnership, corporation, sole proprietorship, association, or other business entity that performs or offers to perform lead-based paint activities, and that has been certified by the department."  Based on this definition, a certified individual may be required to become a certified Lead Firm (i.e., "sole proprietorship") if the individual is representing him or herself as a "business entity," such as in advertising (i.e., phone book ads, internet Web sites, promotional literature, etc.) or on business cards, bidding documents, contracts, billing, reports, etc., or simply uses a company name, in offering lead-based paint activities.

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3. Can a certified Lead Risk Assessor conduct a lead-based paint inspection of target housing (housing built before 1978) or in child-occupied facilities?

Yes. As stated in Section 295.207(d)(6) of the Texas Environmental Lead Reduction Rules (TELRR), a certified Lead Risk Assessor can perform the same duties of a certified Lead Inspector as specified in Section 295.206(d), including conducting a lead-based paint inspection.

4. How many different certified entities should there be involved in a lead abatement project?

Generally, there must be at least four certified entities involved for each abatement. The firm contracted to conduct the abatement must be certified, the Lead Abatement Supervisor must be certified, the Lead Abatement Workers must be certified, and the Lead Inspector or Lead Risk Assessor who conducts the clearance sampling/testing must be certified. In addition, if an abatement project design is drawn up, it is recommended that a certified Project Designer does it.

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5. Must I have a certification ID card at the worksite?

Yes, all individuals at the worksite must have a department-issued certification identification (ID) card as well as one form of a photo ID if these persons are conducting any lead-based paint activities (i.e., lead inspection, lead hazard screen, lead risk assessment, or lead abatement), in accordance with Section 295.213(d) of the Texas Environmental Lead Reduction Rules (TELRR). This ID card and photo ID must be made available upon request to an inspector of the Texas Department of State Health Services to verify compliance with this requirement.

6. Whom should I call if I have a certification question?

You may call the Licensing Unit within the Division for Regulatory Services at the Texas Department of State Health Services at (512) 834-6600, ext. 2174; or (888) 778-9440 (toll-free in Texas), ext. 2174.

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7. I am currently certified as a Lead Risk Assessor, but my two-year certification is about to expire. To renew my certification, must I take both the 8-hour Lead Inspector refresher course and the 8-hour Lead Risk Assessor refresher course?

Yes. According to Section 295.207(e) of the Texas Environmental Lead Reduction Rules (TELRR), both courses must successfully be completed from Texas-accredited training provider(s) in order to meet the training requirements for renewal of the Lead Risk Assessor certification. These refresher training courses must be taken no sooner than six months prior to the expiration date of the individual's two-year certification.

8. I am currently certified as a Lead Abatement Project Designer, but my two-year certification is about to expire. To renew my certification, must I take the 8-hour Lead Abatement Supervisor refresher course and the 4-hour Lead Abatement Project Designer refresher course?

Yes. According to Section 295.209(d) of the Texas Environmental Lead Reduction Rules (TELRR), both refresher courses must successfully be completed from Texas-accredited training provider(s) in order to meet the training requirements for renewal of the Lead Abatement Project Designer certification. These refresher courses must be taken no sooner than six months prior to the expiration date of the individual's two-year certification.

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9. My two-year certification is about to expire. Can I renew my certification after the expiration date?

Yes, but if your certification has been expired up to ninety days, you will have to pay a renewal fee equal to 1 1/2 times the normally required renewal fee in accordance with Section 295.205(h)(2)(A) of the Texas Environmental Lead Reduction Rules (TELRR). If your certification has been expired from 90 ninety days but less than one year, you will have to pay a renewal fee equal to 2 times the normally required renewal fee in accordance with Section 295.205(h)(2)(B) of the TELRR. A certification that has been expired for one year or more cannot be renewed. This person may become re-certified by complying with the current requirements and procedures, including any examination requirements, for an original certification.

10. Is refresher training required every year in order to maintain certification?

No. Refresher training is required only once every two years and must be taken no sooner than six months prior to the expiration date of the individual's three-year certification (keep in mind that this expiration date is not necessarily the two-year anniversary of the training completion date). No expiration date should be placed on the training completion certificate in order to avoid confusion.

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11. I have taken training from a training provider not accredited by the Texas Department of State Health Services, but it followed the EPA-model course curriculum for a particular discipline and the trainer is accredited in another state other than Texas. Is this training valid for consideration toward meeting the training requirements for certification?

No. All training must have been obtained from a Texas-accredited training provider in order for the training to be eligible for consideration toward certification in Texas.

12. I am currently certified in another state other than Texas. Can I do lead-based paint work in Texas?

In order for an individual or firm to do lead-based paint work in target housing and/or child-occupied facilities in Texas, the individual or firm must be certified by the Texas Department of State Health Services (DSHS). According to Section 295.215 of the Texas Environmental Lead Reduction Rules (TELRR), an individual certified in good standing in another state may apply for reciprocal certification in Texas.

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13. I am a certified Lead Inspector in Texas and have just completed an on-site lead-based paint inspection of a residential property. Can I provide the results of the inspection to a certified Lead Risk Assessor, who has never seen the property, to interpret the results of the inspection?

No. According to Section 295.202(70) of the TELRR, the definition of a "Risk Assessment" means an assessment that consists of an "on-site" investigation conducted by a certified Lead Risk Assessor to determine the existence, nature, severity, and location of lead-based paint hazards.

14. I took and passed the examination offered by my training provider at the end of my lead training course and a course completion certificate was issued to me. Am I now certified in Texas to do a lead-based paint activity (i.e., lead inspection, lead hazard screen, lead risk assessment, or lead abatement work) in target housing or child-occupied facilities?

No. You must submit a complete certification application to the Texas Department of State Health Services (DSHS), pass the state-administered examination if required, meet any education and/or work experience requirements, and pay the appropriate fee to the department to become certified. A copy of the training certificate issued to you by the trainer would need to be submitted with your application for certification.

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15. I have read through your Texas Environmental Lead Reduction Rules (TELRR) and I find no mention of any "license" being issued by the Texas Department of State Health Services (DSHS), however I did find the term "certification" mentioned throughout the rules. I received a "certificate" at the completion of my training from my training provider. Am I now "certified"?

No. The "certificate" issued by your trainer only provides documentation that you completed a certain training course offered by the trainer. You must now submit a complete certification application to the Texas Department of State Health Services (DSHS), pass the state-administered examination if required, meet any education and/or work experience requirements, and pay the appropriate annual fee to the department to become certified. The certification issued by the DSHS is a "license", but is called a "certification."

16. I have obtained "Lead Firm" certification for my company. Can this company now do lead-based paint work in Texas?

In order for a firm to do lead-based paint work in target housing and/or child-occupied facilities in Texas, the certified Lead Firm must also have individuals certified by the Texas Department of State Health Services to actually do the work. A certified Lead Firm without any certified individuals cannot do any lead-based paint work in target housing and/or child-occupied facilities in the state of Texas.

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17. I own a rental house that was built in 1975 and I would like to renovate it. Must I use certified lead professionals to do the work? I have no idea if it contains lead-based paint.

Because the house was built before January 1, 1978, you must assume that the house contains lead-based paint in the absence of a lead-based paint inspection conducted by a certified Lead Inspector or certified Risk Assessor that proves otherwise. However, there is no requirement that certified lead professionals must be used in doing the "renovation" work. If the work, though, is being done to "abate" lead hazards, then the project must involve certified lead professionals, including a certified Lead Firm, and the abatement regulatory requirements of the Texas Environmental Lead Reduction Rules (TELRR) must be followed. As a point of information, if the job is a renovation, according to the federal EPA regulation entitled "The Requirements of Hazard Education Before Renovation of Target Housing", a contractor hired to do renovation work must provide the EPA lead pamphlet entitled "Protect Your Family From Lead in Your Home", to the housing owner and occupants before renovation starts (confirmation of receipt of this lead pamphlet from the owner and occupants must be obtained by the contractor). Another pamphlet entitled, “The Lead-based Paint Pre-Renovation Education Rule” summarizes “The Requirements of Hazard Education Before Renovation of Target Housing”.

 

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Texas Department of State Health Services - Division for Regulatory Services - Environmental Lead Program
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Last Updated March 8, 2007