Licensing Requirements for Providers of Deleading and Lead-safe Renovation Training

(1) Scope. A training program shall not provide, offer, or claim to provide authorized Deleading and/or Lead Safe Renovation training for the performance of such activities within the Commonwealth of Massachusetts without applying for and receiving a License issued under 454 CMR 22.07. (2) Application Process. Applicants for Licensure as providers of Deleading and Lead-safe Renovation training shall submit to the Director an application on forms provided by the Department. Training Provider Licenses will only be granted to those applicants whose training programs are determined by the Director to be in compliance with the applicable requirements of 454 CMR 22.07 and 22.08. Applicants for Training Provider licensure shall submit the following information: (a) A completed application form, as prescribed by the Director, which includes the name, address and telephone number of the firm or individual(s) conducting the course(s), the name under which the Training Provider conducts or intends to conduct the training and the courses for which approval is requested. Courses taught in different languages are considered to be separate courses that require separate approval under 454 CMR 22.07(2). (b) For corporations and LLCs, 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 for the firm of the applicant issued by the city or town where the business is located. (c) 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, § 49A(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). (d) A certificate of insurance or a letter of binder from an insurance carrier indicating that the lead training activity 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 training provider has no employees. (e) A list of all citations or notices of violation relating to occupational health and safety and environmental protection, including 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. (f) A course outline for each course for which approval is sought, showing topics covered and the amount of time given to each topic. (g) A copy of the course manual for each course for which approval is sought, including all printed material to be distributed in the course. (h) A description of teaching methods to be employed, including a description of audio-visual aids to be used. (i) A description of the hands-on facility to be utilized, including protocols for instruction, the number of students which may be accommodated, and the number of instructors. (j) A description of the equipment that will be used in classroom lectures and hands-on training. (k) A list of the names and qualifications of the persons who will provide the training in each course, including verifiable documentation of their education, training and experience. (l) An example of the written examination to be given in each course for which approval is sought. (m) When applying for approval to offer a course in a language other than English, a signed statement from a Qualified Independent Translator that the course was compared to the English language version and that the translation was found to be accurate. (n) A list of tuition or other fees required. (o) A copy of the certificate given to course participants upon completion of the course. (p) Any additional information or documentation that the Director may reasonably require to evaluate the adequacy of the application. (q) A money order or certified bank check, payable to the Commonwealth of Massachusetts in the amount of the entire annual fee established for such license by M.G.L. c. 7, § 3B, plus any applicable surcharges. The fee payment is not refundable. Applications received by DLS which omit any of the information or documentation required for submittal set forth in 454 CMR 22.07(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 shall be forfeited to defray the administrative cost of reviewing and processing the incomplete application. (3) Renewal of Licenses. Training Provider Licenses shall be valid for a period of one year from the date of issuance. The Director may renew a Training Provider License, 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 received later than 30 calendar days before the expiration of the current License will be processed in the normal course of business, which may result in the License being renewed after its expiration date. Said renewal application shall include: (a) A completed application form, as prescribed by the Director. (b) Written confirmation or disclosure of any changes in the information originally submitted pursuant to 454 CMR 22.07(2)(a) through (p). (c) A money order or certified bank check, payable to the Commonwealth of Massachusetts in the amount of the entire annual fee established for such license by M.G.L. c. 7, § 3B, plus any applicable surcharges. The fee payment is not refundable. Applications for renewal received by DLS which omit any of the information or documenta- tion required for submittal set forth in 454 CMR 22.07, 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 shall be forfeited to defray the administrative cost of reviewing and processing the incomplete renewal application. (4) Approval by the Director. 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 such status. The Director shall notify the applicant of his or her decision, in writing, within 40 days of receipt of a completed application. (5) Non-transferability. A Training Provider License cannot be transferred from one person or corporation to another. (6) Licensed Training Provider Administrative Tasks. Licensed Training Providers shall perform the following as a condition of such status: (a) Notify the Director in writing or by electronic means, at least ten days prior to the commencement of any training course covered by 454 CMR 22.07(6), of the location, title, and anticipated starting and ending dates of such course. (b) Issue serially-numbered Training Certificates to all students who successfully complete initial and refresher training courses. Said certificates shall include: the name of the student; a digital photograph of the student; the name of the course completed, as specified in 454 CMR 22.08; the language in which the course was given (if other than English); the dates of the course and the examination; and a statement that the student passed the examination. Training Certificates issued to persons who successfully complete Deleader- supervisor and Deleader-worker training shall include an expiration date set at one year following the date on which the Training Certificate was issued. Training Certificates issued to persons who successfully complete Lead-safe Renovator-supervisor training shall include an expiration date set at five years following the date on which the Training Certificate was issued. Training Certificates issued to persons who successfully complete courses that include instruction in the training subjects listed at 454 CMR 22.08(4)(d) and (e) shall include the designation, "Lead-safe Renovator-supervisor Moderate Risk Deleading Option." (c) Maintain training records, including: the name, address, telephone number and digital image and a valid driver's license or other government issued form of identification of the person trained; the course title, location and dates; sign in/sign out logs for each session of training; the final examination of each student; a copy of the certificate of completion of each student who passed the course; and the names, addresses and telephone numbers of the person(s) who taught the course and proctored the examination. Said records shall be made available for inspection upon the request of the Director or his or her representative and retained for a period of ten years by the Licensed Training Provider, as required by 454 CMR 22.13(3). (d) Notify the Director in writing of any change in the course content, training aids used, facility utilized or other matters which would alter the instruction from that originally submitted for licensure. Minor changes in agenda, such as guest speakers (if otherwise qualified) and course schedule are excepted. (e) Utilize and distribute information or training materials furnished by the Department. (f) Where non-English-speaking students are trained, provide written course materials, oral instruction and a written examination to each student in a language in which he or she is fluent. (g) Provide to the Director within ten calendar days of the conclusion of each initial and refresher training course, the title of the course, the date(s) on which the course was provided and the name, address, digital photograph and examination score of each student who has attended the course. (h) Attend any "train the trainer" seminars required by the Department. (7) Written Examination. The Director retains the right to administer, or to have a third party administer, a written examination of his or her own choosing to students of training providers licensed under 454 CMR 22.07. (8) Course Audits. Licensed Training Providers shall allow auditing inspections of training courses by the Director or his or her representative. Where training courses are offered outside the Commonwealth, the Training Provider shall, at the Department's option, bear the costs to the Department for one course audit per year for each course for which approval is granted pursuant to 454 CMR 22.07(4). Said costs shall include two-way travel and food and lodging expenses for one individual for the entire length of each course. In lieu of visitation, the Training Provider may, at the Director's option, be required to submit to the Department a video-taped recording of a training course for review and evaluation.