(1)The department shall administer and enforce a state program for training and certification, and training program accreditation, which must include those program elements necessary to assume responsibility for federal requirements for a program as set forth in Title IV of the toxic substances control act (15 U.S.C. Sec. 2601 et seq.), the residential lead-based paint hazard reduction act of 1992 (42 U.S.C. Sec. 4851 et seq.), 40 C.F.R. Part 745, Subparts D (2001), E (1998), L and Q (1996), and Title X of the housing and community development act of 1992 (P.L. 102-550). The department may delegate or enter into an agreement with other state agencies, local governments, or private entities for implementation of components of the state program. (2)The department shall establish a program
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(1) The department shall administer and enforce a state program for training and certification, and training program accreditation, which must include those program elements necessary to assume responsibility for federal requirements for a program as set forth in Title IV of the toxic substances control act (15 U.S.C. Sec. 2601 et seq.), the residential lead-based paint hazard reduction act of 1992 (42 U.S.C. Sec. 4851 et seq.), 40 C.F.R. Part 745, Subparts D (2001), E (1998), L and Q (1996), and Title X of the housing and community development act of 1992 (P.L. 102-550). The department may delegate or enter into an agreement with other state agencies, local governments, or private entities for implementation of components of the state program.
(2) The department shall establish a program for certification of persons involved in lead-based paint activities and renovation activities.
(3) The department shall establish a program for accreditation of training providers in compliance with federal and state laws and rules.
(4) Rules adopted under this section shall:
(a) Establish minimum accreditation requirements for lead-based paint activities and renovator activities for training providers;
(b) Establish work practice standards for conduct of lead-based paint activities and renovator activities;
(c) Establish certification requirements for individuals and firms engaged in lead-based paint activities and renovator activities including provisions for recognizing certifications accomplished under existing certification programs;
(d) Require the use of certified personnel in any lead-based paint hazard reduction activity or renovation activity;
(e) Be revised as necessary to comply with federal law and rules and to maintain eligibility for federal funding;
(f) Be revised as necessary to comply with state law and rules;
(g) Facilitate reciprocity and communication with other states having a lead-based paint certification program;
(h) Provide for decertification, deaccreditation, and financial assurance for a person certified or accredited by the department; and
(i) Be issued in accordance with the administrative procedure act, chapter 34.05 RCW.
(5) This program must be at least as protective as federal requirements as set forth in Title IV of the toxic substances control act (15 U.S.C. Sec. 2601 et seq.), the residential lead-based paint hazard reduction act of 1992 (42 U.S.C. Sec. 4851 et seq.), 40 C.F.R. Part 745 (1996), Subparts L and Q, and Title X of the housing and community development act of 1992 (P.L. 102-550).
(6) Any rules adopted by the department shall be consistent with, or be more protective than, federal laws, regulations, and requirements relating to lead-based paint activities and renovation activities specified by the residential lead-based paint hazard reduction act of 1992 (42 U.S.C. Sec. 4851 et seq.) and Title X of the housing and community development act of 1992 (P.L. 102-550), and rules adopted pursuant to chapter 70A.305 RCW, to ensure consistency in regulatory action. The rules must be at least as protective as federal and state regulations.
(7) The department may accept federal funds for the administration of the program.
(8) For the purposes of certification under the federal requirements as set forth in section 2682 of the toxic substances control act (15 U.S.C. Sec. 2682), the department may require renovators and dust sampling technicians to apply for a certification badge issued by the department. The department may impose a fee on the applicant for processing the application. The application shall include a photograph of the applicant and a fee in the amount imposed by the department.
(9) The department shall prescribe and adopt by rule fees sufficient to cover the implementation of this chapter.