Masschusetts & New Hampshire Lead Inspector and Risk Assessor Training Info

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1 Institute for Environmental Education, Inc. Shaping the Environment Through Education 16 Upton Drive Wilmington, Massachusetts FAX: Masschusetts & New Hampshire Lead Inspector and Risk Assessor Training Info PB 327 MA Lead Inspector and Risk Assessor Training - 48 hours The first step in being licensed as a lead inspector in Massachusetts is to attend this six-day, 48-hour CLPPP approved training course. Then upon successful completion of a state administered examination and a lead physical and blood test, complete an apprenticeship program with a licensed Master Lead Inspector. The examination is given by the Massachusetts Department of Public Health. After obtaining experience in Massachusetts as a licensed lead inspector (75 inspections or re-inspections) you may apply for licensing as a lead risk assessor. The training course teaches how to perform lead inspections and risk assessments in residential property in Massachusetts. Information provided in this course can also help individuals perform OSHA type inspections in commercial (non-residential) buildings that do not fall under the Massachusetts Lead Law. The course is accepted in some other states as well. Please contact the state agencies directly for specific information. Topics include background information on lead, sources of lead exposure, health effects for adults and children, regulatory information, testing equipment, and procedures for performing lead inspections, risk assessments, reinspections and post compliance inspections. PB 328 NH Lead Inspector and Risk Assessor Training - PB 327 plus 8 hours PB 329 Annual Refresher NH Inspector / Risk Assessor 8 hours This one-day, 8-hour training course, in conjunction with the six-day Massachusetts Lead Inspector / Risk Assessor Training (PB 327), allows a participant who successfully completes the class to also receive their New Hampshire training certificate. Please call IEE in advance for a thorough discussion of the various state apprenticeship scenarios as Massachusetts and New Hampshire have intricate licensing / apprenticeship rules. BACKGROUND The Massachusetts Lead Law requires that properties built prior to 1978, where children under age six reside must be free of lead hazards whether an inspection has been performed or not. The only way to identify dangerous levels of lead in paint and other coatings is to have the property inspected. In Massachusetts, as well as many other states, the lead inspector must be licensed to perform this inspection. Types of Inspectors There are two basic types of lead inspectors: Private and Public (Code Enforcement). A private lead inspector is any lead inspector other than a code enforcement inspector. A code enforcement inspector is any lead inspector who is an employee or agent of a local code enforcement agency (i.e. local board of health) or the

2 State Program. A code enforcement agency is responsible for enforcing the State Sanitary Code or sections thereof. Violations of the lead law are also violations of the State Sanitary Code. Public inspectors are also broken into two categories: Lead Inspector, and Code Enforcement Lead Determination Inspector. Public Lead Inspectors are trained and licensed to perform lead inspections and all associated responsibilities in accordance with 105 CMR , as well as policies and training materials approved by the Director. Code enforcement lead determination inspectors are an employee or agent of a code enforcement agency who has completed a specialized code enforcement lead determination inspector training program and field apprenticeship as prescribed by the Director. Code enforcement lead determination inspectors are licensed to perform the lead determination enforcement procedure in accordance with 105 CMR (B), and to perform lead dust monitoring in accordance with 105 CMR , but they may not perform full lead inspections, issue letters of compliance or carry out other activities of a lead inspector. LICENSE PROCEDURES Massachusetts Department of Public Health Childhood Lead Poisoning Prevention Program (CLPPP) licenses private individuals in the following disciplines involved in the investigation of lead in residential properties: 1. Lead Inspector 2. Lead Risk Assessor 3. Master Lead Inspector Procedures for licensing are outlined below. MA Lead Inspector STEP 1 - Training: Attend a 48-hour initial Lead Inspector and Risk Assessor course given by a certified training provider. STEP 2 - Exam: After training, take the exam which is administered by the Childhood lead Poisoning Prevention Program. Exams are given once a month at CLPPP s offices. Pre-registration is required. A passing grade of 70% on the state inspector exam is necessary. You must bring a certificate of completion from the training class. There is no fee for this exam. STEP 3 - Provisional License: Once you pass the CLPPP administered exam, you can fill out an application for a provisional license. Provisional license requirements include an occupational medical exam (about $ ), blood lead level results, proof of age and completed application which must be received prior to the issuance of a provisional license. This will allow you to conduct an apprenticeship with a Master Lead Inspector. STEP 4 - Apprenticeship: You must have a provisional license number to begin your apprenticeship. The apprenticeship includes attending and assisting in 15 inspections/re-inspections with a Master Lead Inspector. Master Inspectors are inspectors who have achieved a higher level of licensing. Responsibilities of Master Inspectors include: Direct supervision over provisional inspector required at all times. Can charge reasonable fees for 4/25/2012 Page 2 of 6

3 apprenticeship (approximately $ ). Masters must provide one full apprenticeship a year as a condition of maintaining master status. Requirements for apprenticeships: o 5 Initial Inspections with XRF (70% surfaces tested with XRF) o 2 Initial Inspections with Sodium Sulfide (70% surfaces tested with sodium sulfide) o 6 Re-occupancy Re-inspections/Final Deleading Re-inspections o 2 PCAD s (or units with signs of prior deleading and /or possible UD) o No more than 3 from same complex o Only 1 initial inspection with no violations o Only 1 re-inspection (with dust) from a particular unit o Apprentice must see a variety of housing types and lead hazards to be considered adequately trained. o CLPPP reserves the right to require additional training. STEP 5 - License Application: When the apprenticeship is completed, the apprentice can apply for a Massachusetts Lead Inspectors license. The apprentice must submit an Apprenticeship Certification Form with a detailed list and copies of the 15 inspections/re-inspections reports. STEP 6 - CLPPP will audit the inspection/re-inspection reports for completeness and appropriate documentation. Provided everything is in order, CLPPP will process the license application. The process is as follows: Licensing will only be done by mail. You must submit a check for $325, blood test results and two (2) passport photos. CLPPP will send you a blank Lead Inspector License for you to sign. When CLPPP receives the signed license, they will fill in the information, laminate it and return it to you. OTHER Each inspector is assigned to a CLPPP inspector who is the point of contact for: o Assisting with property research o Providing technical support/policy clarification o Dealing with unauthorized deleading complaints o Investigating inspector complaints o Processing Waiver Requests As of June 1, 2009, all Fully Licensed Lead Inspectors must have access to an XRF and must be licensed to use it. o Provide copy of Radiation Control Program Materials License for XRF Lead Risk Assessor Although you are enrolled in a training course which includes the required training to become a risk assessor, you cannot get licensed, or perform any risk assessor related activities until you become licensed as a risk assessor. To qualify for a risk assessor license, the licensed lead inspector must have completed a combination of 75 initial lead inspections and/or re-inspections as a licensed lead inspector within two years prior to obtaining the risk assessor license. 4/25/2012 Page 3 of 6

4 The lead inspector seeking a risk assessor license must complete the application form provided by CLPPP. There is no additional fee to be licensed as a risk assessor. Information that must accompany the completed application form includes the following: A copy of the training certificate Submission of a combination of 75 cover pages and history pages of lead inspection reports and completed reinspection reports performed within the past two years A sample copy of the Risk Assessment Report Form must be submitted to CLPPP. The report must have the risk assessor's own letterhead, which must include the risk assessor's name, license number, the company name (if applicable), address, and telephone number. o The Lead Inspection/Risk Assessment Form is not to have CLPPP letterhead, unless the risk assessor is fully employed by CLPPP. o The Lead Inspection/Risk Assessment Form is to be used in its original format (8 ½" x 11"). The content of the form cannot be altered. Master Lead Inspector In order to receive the Master Inspector license, one must score 90% on the state examination, have an XRF, and complete 75 inspections as a Lead Inspector. The fee for the Master Inspector license is $ per year. Inspectors may retake the exam if they do not pass or obtain a 90% or better. LICENSE RENEWAL The lead inspector and risk assessor licenses are valid for one year. The risk assessor license runs concurrently with the lead inspector license. CLPPP will mail a license renewal reminder letter one month prior to the expiration date. CONDITIONS OF LICENSURE Lead inspectors and risk assessors are required to comply with the following as conditions of licensure: All lead inspections and risk assessments must be performed in accordance with MGL Chapter 111, 189A through 199B, 105 CMR , 454 CMR 22.00, and policies established by CLPPP. For each dwelling unit investigated, the following items, when applicable, must be maintained on file indefinitely: o Lead Determination Report o Lead Inspection Form (including re-inspection reports) o Risk Assessment Report (including re-inspections and re-certification) o PCAD reports (including re-inspections) o Tape/Patch Tests Results Form o Letter of Lead Paint (Re)occupancy (Re)inspection Certification o Lead dust sampling results o Letter of Interim Control, including the recertification statement o Letter of Full Deleading Compliance o Letter of Full Initial Inspection Compliance o Invoices from authorized people o Addendums to Letters of Compliance, Maintained and Restored (both for full compliance and Interim Control) 4/25/2012 Page 4 of 6

5 The above can be disposed of only upon approval of, and under conditions stipulated by, CLPPP. All files must be made available to CLPPP upon request Lead inspectors and risk assessors must agree to testify in enforcement proceedings initiated on the basis of the results of a lead inspection or risk assessment. Lead inspectors and risk assessors must attend continuing education when required to by CLPPP. CONFLICTS OF INTEREST Lead inspectors and risk assessors cannot conduct lead inspection or risk assessment-related activities (i.e., lead inspection, risk assessment, risk assessment reinspection, and recertification reinspection) in any circumstance in which he/she has a financial or other conflict of interest. A conflict of interest includes, but is not limited to, the following: Any situation in which the lead inspector/risk assessor or a member of the lead inspector/risk assessor's family has any beneficial interest in the property or expects or intends to acquire a beneficial interest in the property, including but not limited to an ownership interest or a commission on the sale of the property Any situation in which the lead inspector/risk assessor or the business entity for which the lead inspector/risk assessor works performs or has contracted to perform the deleading or interim control work on the residential premises or dwelling unit Any situation in which a member of the lead inspector/risk assessor's family or business entity owned by or employing the family member of the lead inspector/risk assessor performs or has contracted to perform the deleading work or interim control work on the residential premises or dwelling unit Any situation in which the lead inspector/risk assessor has been paid or promised payment, or has received or promised any other form of compensation, by a licensed deleading contractor or licensed lead safe renovator FAILURE TO MAINTAIN CONDITIONS OF LICENSURE CLPPP will investigate all complaints regarding, and periodically monitor the quality of, lead inspection and risk assessment related activities. Such investigations may lead to the imposition of penalties on a lead inspector or risk assessor including, but not limited to, the following: Letters of education Letters of warning Probationary period Required retraining Suspension, revocation, denial of, or refusal to renew the license SUMMARY SUSPENSION A lead inspector s or risk assessor's license may be summarily suspended if CLPPP determines that the license holder is an immediate threat to the public health or safety. In this case, the lead inspector or risk assessor will receive a written notice of summary suspension stating the reason(s) for the suspension. 4/25/2012 Page 5 of 6

6 Summary suspension is effective immediately upon receipt of the notice. The lead inspector or risk assessor has the opportunity for a prompt hearing, pursuant to the provisions of MGL c. 30A, after the issuance of the notice of summary suspension. CLPPP may also summarily suspend the lead inspector s or risk assessor's license for failure to complete required retraining or continuing education. Such summary suspension is effective until the license holder successfully completes such retraining or continuing education. CEASE-WORK ORDER CLPPP may issue an immediate cease-work order to any lead inspector or risk assessor who violates the terms or conditions of their license if such violation will endanger or materially impair the health or well-being of any occupant of a residential premises, lead inspector, risk assessor, deleader, or any person employed in performing renovations or rehabilitation in a manner that disturbs paint, plaster or other materials containing dangerous levels of lead. SUMMARY Lead inspectors cannot perform any activity which falls under the risk assessor s license. Only a licensed risk assessor can conduct risk assessments and associated activities. The lead inspector seeking to be a risk assessor must understand and uphold all of the responsibilities associated with possessing such a license. Failure to fulfill the obligations of the conditions of licensure may create a threat to public health and may result in serious penalties, including license revocation. 4/25/2012 Page 6 of 6