26.16.01.04

.04 Accreditation.

A. Unless a person is accredited by the Department or trained under this chapter, the person may not provide:

(1) Lead paint abatement services as a contractor, inspector, lead paint risk assessor, supervisor, or worker; or

(2) Training to others who provide lead paint abatement services.

B. A person may not hire, contract, or retain a person who is not properly accredited by the Department or trained under this chapter to provide lead paint abatement services.

C. The Department may accredit a person upon:

(1) Proper completion of an application for accreditation on a form provided by the Department;

(2) Submission of proof that the applicant has satisfied the requirements for the category of accreditation requested, as specified in this chapter; and

(3) Payment of the fee required by Regulation .20 of this chapter.

D. The Department may issue a certificate to each person accredited by the Department.

E. Representatives of the Commissioner of Labor and Industry who provide occupational safety and health inspection, consultation, and training services for the Commissioner are recognized, under Environment Article, §6-1003(b)(5), Annotated Code of Maryland, as accredited to perform these services.

F. The Department may recognize accreditation granted by a state other than Maryland, or by a federal agency if:

(1) The accreditation requirements of that state or agency are equivalent to or exceed the accreditation requirements set forth in this chapter;

(2) The person accredited by another state or federal agency has maintained accreditation in good standing; and

(3) In the case of a contractor who is not a self-employed individual, the contractor submits to the Department the certification required by Regulation .09B of this chapter.

G. The Department may accredit persons who have completed training required by this chapter before the effective date of this chapter if the:

(1) Training course satisfied the requirements of this chapter;

(2) Training provider has received accreditation from the Department; and

(3) Applicant for accreditation satisfies all other requirements for accreditation under this chapter.

H. The Department may recognize training received in a training course accredited by a state other than Maryland, or by a federal agency, only if the:

(1) Department determines that the requirements for the training course are equivalent to, or exceed, the requirements set forth for the comparable category of training in this chapter; and

(2) Training provider that offers the accredited course provides adequate evidence to the Department regarding individuals who have successfully completed the accredited training course.

I. The Department has the right to perform oversight inspections and audits of all lead paint abatement services and related training.