Minnesota Administrative Rules

4761.2280 LEAD INSPECTOR LICENSE.

Subpart 1.

General requirements.

An individual who performs a lead inspection, as defined in Minnesota Statutes, section 144.9501, subdivision 18, must be licensed by the commissioner as a lead inspector or lead risk assessor. A lead inspector license is not transferable.

Subp. 2.

Training requirements; initial license.

To be eligible for an initial license as a lead inspector, an applicant must:

A.

complete:

(1)

an initial lead inspector training course for which the commissioner has issued a permit under part 4761.2370; or

(2)

an initial lead inspector training course that is approved by the EPA or by a state or tribal lead training program authorized by the EPA and a lead inspector refresher training course for which the commissioner has issued a permit under part 4761.2370; and

B.

take an independent examination and have a passing score of 70 percent or better.

Subp. 3.

Expiration; renewal; retraining.

A.

A lead inspector license is valid for 12 months after completing the lead inspector independent examination or for 12 months after the completion date on the training course diploma for the most recently completed refresher training course. Regulated lead work may not be conducted after the license expires.

B.

A lead inspector license may be renewed upon completing a lead inspector refresher training course for which a permit has been issued under part 4761.2370.

C.

A lead inspector refresher training course must be completed within 36 months after the date on the last issued training course diploma. A refresher training course taken more than 36 months after the date on the last issued training course diploma does not qualify the individual for a renewed license.

D.

An individual who fails to take a refresher training course within 36 months after the date on the last issued training course diploma may not renew the license. The individual must successfully complete an initial lead inspector training course and pass an independent examination as specified in subpart 2 to qualify for a new license.

Subp. 4.

Application.

A.

To apply for an initial license as a lead inspector, an applicant must submit to the commissioner:

(1)

a completed application on a form provided by the commissioner;

(2)

a $50 nonrefundable application fee payable to the Minnesota Department of Health;

(3)

a copy of the applicant's original diploma for the initial lead inspector training course; and

(4)

documentation that the applicant passed an independent examination.

B.

If applying from out of state, an applicant must submit:

(1)

a completed application on a form provided by the commissioner;

(2)

a $50 nonrefundable application fee payable to the Minnesota Department of Health;

(3)

a copy of the applicant's original diploma for the initial lead inspector training course or a copy of the current lead inspector license from the state that the applicant is licensed in;

(4)

documentation that the applicant passed an independent examination; and

(5)

a copy of the applicant's original diploma from the Minnesota lead inspector refresher training course.

Subp. 5.

Renewal application.

A.

An individual licensed as a lead inspector must renew the license annually by submitting to the commissioner:

(1)

a completed application on a form provided by the commissioner;

(2)

a $50 nonrefundable renewal application fee payable to the Minnesota Department of Health; and

(3)

a copy of the training course diploma from the most recent lead inspector refresher training course as required under subpart 3.

B.

Until the commissioner issues the renewed license, the lead inspector may continue performing regulated lead work for up to 30 calendar days from the date of completing the lead inspector refresher training course, provided the lead inspector:

(1)

has submitted the renewal application to the commissioner; and

(2)

has a copy of the diploma that is issued after completing the lead inspector refresher training course. The diploma must be on site and available for review where the regulated lead work is being conducted.

Subp. 6.

Denial; conditions.

The commissioner shall deny an application for a lead inspector license if the applicant fails to comply with all applicable requirements in this part. The commissioner may also deny an application or set conditions on a license according to Minnesota Statutes, section 144.99, subdivision 8. If a license application is denied, the applicant:

A.

must be notified in writing of the denied license application and the reasons for the denial; and

B.

is not required to pay a second fee if the applicant submits a second application according to subpart 4 or 5 within 30 days of receiving the notice that the application was denied. Fees are required for all subsequent applications.

Subp. 7.

Duplicate license.

To replace a lost, destroyed, or mutilated lead inspector license, the licensed lead inspector must submit a completed application for a duplicate lead inspector license.

Statutory Authority:

MS s 144.9508

History:

29 SR 531

Published Electronically:

November 29, 2004