Licensing Procedures for Deleading Contractors and Lead-safe Renovation Contractors

(1) Application for Licensure. Applicants for licensure as Deleading Contractors or Lead-safe Renovation Contractors shall submit the following to the Director: (a) A completed application form with attachments as prescribed by the Director, which shall include the following: 1. A list of all names, acronyms or other identifiers under which the applicant does or has done business, and the address(es) and telephone number(s) of the business(es). 2. A list of the states in which the applicant holds a current license, accreditation, or other approval for Deleading or Renovation Work. 3. A list of the names and addresses of all Deleading or Renovation firms or entities in which the Responsible Persons of the applicant have or have had a financial interest or management responsibility in the previous five years. 4. For corporations and LLCs only, a copy of a Certificate of Legal Existence (or a Foreign Corporation Certificate, if organized outside of Massachusetts) issued by the Massachusetts Secretary of the Commonwealth, and a Certificate of Good Standing, if applicable. For sole proprietorships and partnerships, a copy of a business certificate, if applicable, for the Deleading or Renovation Firm of the applicant issued by the city or town where the business is located. 5. Certification of compliance with all laws of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting of child support in accordance with M.G.L. c. 62C, § 149A(a); unemployment health insurance contributions in accordance with M.G.L. c. 151A, § 14G(e); unemployment insurance contributions in accordance with M.G.L. c. 151A, § 19A(a); and workers' compensation insurance in accordance with M.G.L. c. 152, § 25C(6). 6. A list of employees in his or her present work force and those employees who have worked for him or her for any period of time during the preceding 12 months and a certificate of insurance or a letter of binder from an insurance carrier indicating that the Deleading or Renovation Work to be performed by the applicant is covered by a current workers' compensation policy or self-insurance program acceptable to the Commonwealth or a notarized statement that the contractor has no employees. In lieu of a notarized statement, said statement may be witnessed by an employee of the Department. 7. A list of all citations or notices of violation relating to occupational health and safety and environmental protection, including civil administrative penalties, notices of noncompliance, notices of responsibility, notices of intent to assess an administrative penalty, orders, consent orders and court judgments, received by the Responsible Persons of the applicant in the two years prior to the date of application, and the issuing agency or department and final disposition of such citation or notice. 8. A statement made under the penalties of perjury by a Responsible Person of the applicant that all employees to be engaged in Deleading or Renovation Work who are required to be licensed, certified or trained will be licensed, certified or trained prior to any work being performed by them, pursuant to the requirements of 454 CMR 22.00. 9. A list of the names and addresses of all Responsible Persons and managers of the applicant who have primary responsibility for, and control over, Deleading or Renovation Work of the applicant. 10. A respiratory protection and worker health and safety program evidencing compliance with 29 CFR Part 1910.134. 11. Written procedures for complying with OSHA or EPA personal protection procedures of employees; and, a medical monitoring program evidencing compliance with 454 CMR 22.09 or 29 CFR 1926.62, as applicable. (b) Training certificates, or legible copies thereof, indicating that a Responsible Person or manager of the applicant listed pursuant to 454 CMR 22.04(1)(a)9. has successfully completed the applicable initial and refresher training requirements for Deleader-supervisors or Lead-safe Renovator-supervisors, as applicable. (c) For applicants for Deleading Contractor Licenses only, the results of all blood lead tests conducted pursuant to 454 CMR 22.09 or the OSHA Lead in Construction Standard, 29 CFR 1926.62, and a signed physician's statement, as set forth at 454 CMR 22.09(4)(f), for all persons in his or her work force who have been or will be engaged in Deleading Work. (d) For applicants for Lead Safe Renovation Contractors with a designation for Moderate Risk Deleading, proof that a Lead Safe Renovator Supervisor employed by the applicant has successfully completed the Moderate Risk Deleading training prescribed by 454 CMR 22.08(4)(e). (e) Such other information as the Director may reasonably require. (f) A money order or certified bank check payable to the Commonwealth of Massachusetts in the amount of the entire fee established for such license by M.G.L. c. 7, § 3B, plus any applicable surcharges. The fee payment is not refundable. (2) Applications received by the Department of Labor Standards which omit any of the information or documentation required for submittal set forth in 454 CMR 22.04(1) in excess of 60 calendar days from the date of written notification to the applicant apprising the applicant of the omitted information or documentation, will not be acted upon, and the application fee will be forfeited to defray the administrative cost of review and processing such incomplete application. (3) Upon receipt of a completed application for licensure, the Director shall evaluate the application and make a determination as to whether to approve or deny the license application. The Director shall notify the applicant of his or her decision, in writing, within 40 calendar days of receipt of a completed application. (4) License Renewal. Deleading Contractor Licenses issued pursuant to 454 CMR 22.04 shall be valid for a period of one year from the date of issuance. Lead-safe Renovation Contractor Licenses issued pursuant to 454 CMR 22.04 shall be valid for a period of five years from the date of issuance. The Director may renew a License issued pursuant to 454 CMR 22.04, provided the current License holder submits a renewal application at least 30, but not more than 60, calendar days before the expiration of the current License. Applications for renewal shall contain the information prescribed in 454 CMR 22.04(1)(a) through (e). Applications for renewal which omit any of the information or documentation required for submittal set forth in 454 CMR 22.04(4), in excess of 60 calendar days from the date of written notification to the applicant apprising the applicant of the omitted information or documentation, will not be acted upon and the renewal fee will be forfeited to defray the administrative cost of review and processing of such incomplete renewal application. (5) Contractor Licensing Waivers. Contractor Licensing Waivers may be issued by the Director, in his or her sole discretion, to: (a) persons, firms, corporations or other entities that meet the exceptions to the requirement for licensing as Lead-safe Renovation Contractors set forth at 454 CMR 22.03(3)(a) or (b); or (b) to an entity to conduct Renovation work in or on property owned by the entity. Said Contractor Licensing Waiver shall be on a form prescribed by the Director and signed by the Director. A Contractor Licensing Waiver shall expire five years from the date of issuance.