Health and Safety

CHAPTER 23-24.6
Lead Poisoning Prevention Act

SECTION 23-24.6-20

§ 23-24.6-20. Licensure of environmental lead inspectors and lead contractors, supervisors, and workers.

(a) The department shall provide for the certification of training programs for environmental lead inspectors and for lead contractors, supervisors, workers, and other persons engaged in environmental lead-hazard reduction pursuant to the provisions of this chapter. The department shall establish standards and specifications for training courses including, at a minimum, the required length of different training programs, mandatory topics of instruction, and required qualifications for training programs and instructors. Hands on instruction shall be a component of the required training.

(b) The department shall establish procedures and issue regulations requiring the licensure of environmental lead inspectors, lead contractors, supervisors, workers, and other persons engaged in environmental lead inspection and/or hazard reduction pursuant to the provisions of this chapter. These regulations:

(1) Shall prescribe the requirements for licensure and the conditions and restrictions governing the renewal, revocation, and suspension of licenses. Requirements for licensure and for renewal of licensure shall include, but not be limited to, the following:

(i) Compliance with the lead-hazard reduction regulations in § 23-24.6-17; and

(ii) Required training of environmental lead inspectors and of lead contractors, supervisors, workers, and other persons engaged in environmental lead-hazard reduction in subjects including, but not limited to, safe work practices, instruction in health risks, precautionary measures, protective equipment, and other practices, including practices to prevent contamination of the residential premises, ambient discharges and ground contamination, respiratory protection, new lead-hazard reduction techniques and technologies, applicable federal and state regulation, and hands-on instruction for equipment and techniques to be used; a minimum of twenty (20) hours of training shall be required as a condition of licensure for workers; additional hours of training shall be required for supervisors and contractors; a refresher training course shall also be required;

(2) May provide for Rhode Island to reciprocally license persons certified and/or licensed by other states with comparable requirements.

(c) No person shall enter into, engage in, or conduct comprehensive environmental lead inspections or environmental lead-hazard reduction activities covered by department regulations without having successfully completed a certified training program and without having been licensed by the department. Each trained and licensed person shall be issued a photo identity card.

(d) The department shall, in conjunction with the housing resources commission, develop and periodically update lists of all licensed inspectors, contractors, supervisors, workers', and other persons who perform environmental lead-hazard reduction in Rhode Island and make those lists available to interested parties and the public.

(e)(1) The department shall enforce the provisions of this section as appropriate and shall have all necessary powers for enforcement.

(2) The department may revoke, suspend, cancel, or deny any license, at any time, in accordance with chapter 35 of title 42 if it believes that the terms or conditions of these are being violated, or that the holder of, or applicant for, license has violated any regulation of the department or any other state law or regulation. Any person aggrieved by a determination by the department to issue, deny, revoke, or suspend any license may request an adjudicatory hearing.

(3) When any person violates the terms or conditions of any license issued under this section or any state law or regulation, the director shall have the power by written notice to order the violator to cease and desist immediately. The department may file a written complaint with the district court in the jurisdiction in which the violation occurred. Punishment by an administrative fine pursuant to § 23-24.6-27 may be in addition to the suspension of any license.

(4) Any state inspector may issue an immediate cease-work order to any person who violates the terms or conditions of any license issued under this section, or any provision of this chapter, or any regulation or order issued under this chapter, if the violation will endanger or materially impair the health or well-being of any occupant, any environmental lead inspector, or any contractor, supervisor, worker, or other person engaged in environmental lead-hazard reduction.

(f) Nothing in this section shall be construed to limit the authority of the department of health, the department of labor and training, or the department of environmental management under the provisions of any other law.

History of Section.
(P.L. 1991, ch. 355, § 1; P.L. 2001, ch. 86, § 10; P.L. 2002, ch. 187, § 2; P.L. 2002, ch. 188, § 2; P.L. 2014, ch. 428, § 1; P.L. 2014, ch. 446, § 1.)