HAR §11-41-3. (e

g., the window sill, or floor) are equal to or greater than the dust-lead hazard levels identified in subsection (b). (2) 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). (3) Any chewable lead-based painted surface on which there is evidence of teeth marks. (4) 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. (b) Dust-lead hazard. A dust-lead hazard is surface dust in a residential dwelling or child- occupied facility that contains a mass-per-area concentration of lead equal to or exceeding ten micrograms per square foot on floors or one hundred micrograms per square foot on interior window sills based on wipe samples. (c) Soil-lead hazard. A soil-lead hazard is bare soil on residential real property or on the property of a child-occupied facility that contains total lead equal to or exceeding four hundred parts per million (micrograms per gram) in a play area or an average of one thousand two hundred parts per million of bare soil in the rest of the yard based on soil samples. (d) Work practice requirements. Applicable certification, occupant protection, and clearance requirements and work practice standards are found in this chapter and in regulations issued by the United States Department of Housing and Urban Development (HUD) at 24 C.F.R. part 35, subpart R. (e) The work practice standards in those regulations do not apply when treating paint-lead hazards of less than: (1) Two square feet of deteriorated lead-based paint per room or equivalent; 41-15 §11-41-3 (2) Twenty square feet of deteriorated paint on the exterior building; or (3) Ten per cent of the total surface area of deteriorated paint on an interior or exterior type of component with a small surface area. [Eff 10/3/05; am and comp MAR _ 8 2023 ] (Auth: HRS §§342P-3, 342P-41) (Imp: HRS §§342P-3, 342P-41) §11-41-4 Accreditation of training programs: and child-occupied facilities. (a) target housing Scope: ( 1) A training program may seek accreditation to offer lead-based paint activities courses in any of the following disciplines: inspector, risk assessor, supervisor, project designer, and abatement worker. A training program may a l so seek accreditation to offer refresher courses for each of the above listed disciplines. (2) A training program shall not provide, offer, or claim to provide department-accredited lead-based paint activities courses without applying for and receiving accreditation from the department as required under subsection (b) . (3) Accredited training programs, training program managers, and principal instructors shall comply with all of the requirements of this section including approved terms of the application and all of the requirements and limitations specified in any accreditation documents issued to training programs. (b) Application process: The following are procedures a training program shall follow to receive departmental accreditation to offer lead-based paint activities courses: (1) A training program seeking accreditation shall submit a written application to the 41 -1 6 department containing th~ following information: §11-41-4 (A) The training program's name, address, and telephone number. (B) A list of courses for which it is applying for accreditation. For the purposes of this section, courses taught in different languages and electronic learning courses are considered different courses, and each shall independently meet the accreditation requirements. (C) The name and documentation of the qualifications of the training program manager. (D) The name and documentation of qualifications of any principal instructor. (E) A statement signed by the training program manager certifying that the training program meets the requirements established in subsection (c). If a training program uses EPA-recommended model training materials, or training materials approved by a state or Indian Tribe that has been authorized by the EPA, the training program manager shall include a statement certifying that, as well. (F) If a training program does not use EPA- recommended model training materials, its application for accreditation shall also include: (i) A copy of the student and instructor manuals, or other materials to be used for each course; (ii) (iii) A copy of the course agenda for each course; and When applying for accreditation of a course in a language other than English, a signed statement from a 41-17 9 §11-41-4 qualified, independent translator that they had compared the course to the English language version and found the translation to be accurate. (G) All training programs shall include in their application for accreditation the following: (i) A description of the facilities and equipment to be used for lecture and hands-on training; (ii) A copy of the course test blueprint for each course; (iii) A description of the activities and procedures that will be used for conducting the assessment of hands-on skills for each course; and (iv) A copy of the quality control plan as described in subsection (c) (9). (2) If a training program meets the requirements in subsection (c), then the department shall approve the application for accreditation no more than sixty days after receiving a complete application from the training program. In the case of approval, a certificate of accreditation shall be sent to the applicant. In the case of disapproval, a letter describing the reasons for disapproval shall be sent to the applicant. Prior to disapproval, the department may, at its discretion, work with the applicant to address inadequacies in the application for accreditation. The department may also request additional materials retained by the training program under subsection (i). If a training program's application is disapproved, the program may reapply for accreditation at any time. (3) A training program may apply for accreditation to offer courses or refresher 41-18 §11-41-4 courses in as many disciplines as it chooses. A training program may seek accreditation for additional courses at any time as long as the program can demonstrate that it meets the requirements of this section. (4) A training program applying for accreditation shall submit the appropriate fees in accordance with section 11-41-10. (c) Requirements for the accreditation of training programs. For a training program to obtain accreditation from the department to offer lead-based paint activities courses, the program shall meet the following requirements: (1) The training program shall employ a training manager who has: (A) At least two years of experience, education, or training in teaching workers or adults; or (B) A bachelor's or graduate degree in building construction technology, engineering, industrial hygiene, safety, public health, education, business administration or program management or a related field; or (C) Two years of experience in managing a training program specializing in environmental hazards; and (D) Demonstrated experience, education or training in the construction industry including: lead or asbestos abatement, painting, carpentry, renovation, remodeling, occupational safety and health, or industrial hygiene. (2) The training manager shall designate a qualified principal instructor for each course who has: (A) Demonstrated experience, education, or training in teaching workers or adults; and (B) Successfully completed at least sixteen hours of any EPA or department- 41-19 9 §11-41-4 accredited, or EPA-authorized state or Indian Tribal-accredited, lead-specific training; and (C) Demonstrated experience, education, or training in lead or asbestos abatement, painting, carpentry, renovation, remodeling, occupational safety and health, or industrial hygiene. (3) The principal instructor shall be responsible for the organization of the course, course delivery, and oversight of the teaching of all course material. The training manager may designate guest instructors as needed for a portion of the course to provide instruction specific to the lecture, hands-on activities, or work practice components of a course. However, the principal instructor is primarily responsible for teaching the course materials and shall be present to provide instruction (or oversight of portions of the course taught by guest instructors) for the course for which she or he has been designated the principal instructor. (4) The following documents shall be recognized by the department as evidence that training managers and principal instructors have the education, work experience, training requirements, or demonstrated experience, specifically listed in paragraphs (1) and (2). This documentation shall be submitted with the accreditation application and retained by the training program as required by the record keeping requirements contained in subsection (i). Those documents include the following: (A) Official academic transcripts or diplomas as evidence of meeting the education requirements; (B) Resumes, letters of reference, or documentation of work experience as 41-20 §11-41-4 evidence of meeting the work experience requirements; and (C) Certificates from train-the-trainer courses and lead-specific training courses as evidence of meeting the training requirements. (5) The training program shall ensure the availability of, and 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. (6) To become accredited in the following disciplines, the training program shall provide training courses that meet the following training requirements: (A) The inspector course shall last a minimum of twenty-four training hours, with a minimum of eight hours devoted to hands-on training activities. The minimum curriculum requirements for the inspector course are contained in subsection ( d) ( 1) . (B) The risk assessor course shall last a minimum of sixteen training hours, with a minimum of four hours devoted to hands-on training activities. The minimum curriculum requirements for the risk assessor course are contained in subsection (d) (2). (C) The supervisor course shall last a minimum of thirty-two training hours, with a minimum of eight hours devoted to hands-on activities. The minimum curriculum requirements for the supervisor course are contained in subsection ( d) ( 3) . (D) The project designer course shall last a minimum of eight training hours. The 41-21 §11-41-4 minimum curriculum requirements for the project designer course are contained in subsection (d) (4). (E) The abatement worker course- shall last a minimum of sixteen training hours, with a minimum of eight hours devoted to hands-on training activities. The minimum curriculum requirements for the abatement worker course are contained in subsection ( d) ( 5) . (F) Electronic learning and other alternative course delivery methods are permitted for the classroom portion of courses but not the hands-on portion of courses or for final course tests described in paragraph (7). Electronic learning courses shall comply with the following requirements: (i) A unique identifier shall be assigned to each student for them to use to launch and re-launch the course. (ii) The training provider shall track each student's course logins, launches, progress, and completion, and maintain these records in accordance with paragraph (i) of this section. (iii) The course shall include periodic knowledge checks equivalent to the number and content of the knowledge checks contained in EPA's model course, but at least sixteen over the entire course. The knowledge checks shall be successfully completed before the student can go on to the next module. (iv) There shall be a test of at least twenty questions at the end of the electronic learning portion of the course, of which eighty per cent 41-22 §11-41-4 shall be answered correctly by the student for successful completion of the electronic learning portion of the course. The test shall be designed so that students do not receive feedback on their test answers until after they have completed and submitted the test. (v) Each student shall be able to save or print a copy of an electronic learning course completion certificate. The electronic certificate shall not be susceptible to easy editing. (7) For each course offered, the training program shall conduct a course test at the completion of the course, and if applicable, a hands-on skills assessment for that discipline. Each individual shall successfully complete the hands-on skills assessment and receive a passing score of at least seventy per cent correct on the course test to pass any course. (A) The training manager is responsible for maintaining the validity and integrity of the hands-on skills assessment to ensure that it accurately evaluates the trainees' performance of the work practices and procedures associated with the course topics contained in subsection (d). (B) The training manager is responsible for maintaining the validity and integrity of the course test to ensure that it accurately evaluates the trainees' knowledge and retention of the course topics. (C) The course test shall: (i) Be developed in accordance with the test blueprint submitted with the training accreditation application; 41-23 9 i I §11-41-4 (ii) Adequately cover the topics included in the training course for that discipline; (iii) Be a closed book examination administered by the training provider in written, multiple- choice format; and (iv) Consist of at least the minimum number of questions indicated in subparagraph (D). (D) The minimum number of multiple-choice questions for the course tests in each discipline shall be: (i) Abatement workers: fifty. (ii) Supervisors: one hundred. (iii) Inspectors: one hundred. (iv) Risk assessors: one hundred. (v) Project designers: fifty. (E) A person who fails to receive a passing score of at least seventy per cent on a course test may take no more than two additional course tests without retaking the course. (8) The training program shall issue unique course completion certificates to each individual who passes the training course. The course completion certificate shall include: (A) The name, a unique identification number, and address of the individual; (B) The name of the particular course that the individual completed; (C) The dates of course completion and test passage; (D) The name, address, and telephone number of the training program; and (E) The language in which the course was taught. (9) The training manager shall develop and implement a quality control plan. The plan shall be used to maintain and improve the quality of the training program over time. 41-24 This plan shall contain at least the following elements: §11-41-4 (A) Procedures for periodic revision of training materials and the course test to reflect innovations in the field. (B) Procedures for the training manager's annual review of principal instructor competency. (10) Courses offered by the training program shall teach the work practice standards contained in section 11-41-6 and other standards developed by EPA, as applicable, in such a manner that trainees are provided with the knowledge needed to perform the lead-based paint activities they will be responsible for conducting. (11) The training manager shall be responsible for ensuring that the training program complies at all times with all of the requirements in this section. (12) The training manager shall allow the department to audit the training program to verify the contents of the application for accreditation as described in subsection (b). (13) The training manager shall provide notification of lead-based paint activities courses offered. (A) The training manager shall provide the department with notification of all lead-based paint activities courses offered. The original notification shall be received by the department at least seven business days prior to the start date of any lead-based paint activities course. (B) The training manager shall provide the department updated notification when lead-based paint activities courses will begin on a date other than the start date specified in the original notification, as follows: 41-25 §11-41-4 (C) (D) (E) (i) For lead-based paint activities courses beginning prior to the start date provided to the department, an updated notification shall be received by the department at least seven business days before the new start date. (ii) For lead-based paint activities courses beginning after the start date provided to the department, an updated notification shall be received by the department at least two business days before the start date provided to the department. The training manager shall update the department of any change in location of lead-based paint activities courses at least seven business days prior to the start date provided to the department. The training manager shall update the department regarding any course cancelations, or any other change to the original notification. Updated notifications shall be received by the department at least two business days prior to the start date provided to the department. Each notification, including updates, shall include the following: (i) Notification type (original, (ii) (iii) (iv) (v) update, cancelation). Training program name, departmental accreditation number, address, and telephone number. Course discipline, type (initial or refresher), and the language in which instruction will be given. Date and time of training. Training location's telephone number and address. 41-26 (F) (vi) (vii)