Lead-Based Paint FAQs
These Lead-Based Paint Frequently Asked Questions (FAQs) have been categorized according to program topics.
If you cannot find the answer to your question here, please call the LBP program staff at (405) 702-4100.
Does DEQ have reciprocity in training with other states in Region VI (Oklahoma, Texas, New Mexico, Lousiana, and Arkansas)?
No. Reciprocity has been discussed at national and regional EPA meetings. However, there are currently no provisions for reciprocity among the EPA Region VI states.
Do trainers continue to use the EPA RRP curriculum they have been using since the beginning of 2010?
Yes, we haven’t changed the curriculum. But it could change, so we urge everyone to watch the EPA and our websites for any new information.
Do we need to change our certificate to place a DEQ logo on it?
If you wish, it is not required. Contact the Lead-Based Paint Program for a copy of our logo.
EPA required that all trainers notify them of a class at least 10 days prior to the class. Will DEQ require this and if so what is the process?
Yes, our notification requirement is 7 days.
EPA required that all trainers report the names and all data on each student that passed the course, plus a photo. Will DEQ require this and if so what is the process?
Yes, the form is on our website. Photos should be submitted electronically or on digital media. Contact Crystal Stearns at 405-702-4100 if you need more details on this.
The EPA has refresher courses required every 5 years. Will this stay the same for Certified Renovators or will they move to yearly like the other LBP Activities and Discipline?
It will stay 5 years. For the most part the DEQ RRP program is identical to the EPA program. The only substantial differences are in the way we accredit training providers, because we kept the program we had in place.
Regarding DEQ’s third party LBP certification exam, how can an applicant know which questions were answered incorrectly after the exam is graded in an effort to improve upon his/her mistakes?
DEQ has developed a database which tracks each question on the certification exam to one of several categories/types. The missed questions on each certification exam will be entered into this database. A report will be provided to each applicant, which lists the number of missed questions per category. The database will also allow DEQ to provide feedback to EPA in efforts to improve and update the national certification exams.
In order for DEQ to gain access to the national examination questions, DEQ certified that we would maintain the security and integrity of the testbanks. Given these security issues, DEQ does not have the capability of allowing applicants to review the actual exams.
Do state agencies who perform LBP services have to be certified?
Yes. OAC 252:110-11-1(b) and O.S. § 27A 2-12-201 A.2. require that anyone who performs or offers to perform a LBP service in Oklahoma must be certified by the DEQ.
Are certification renewal fees required every year?
Yes, for lead-based paint activities. Renewal certification fees must accompany a renewal certification application each year. The renewal period is from January 15 through March 31. For Renovator firms, renewal is required every 5 years.
What determines who pays LBP certification fees and who is exempt from these fees?
According to the Oklahoma Lead-based Paint Management Act, § 27 A 2-12-201(D)(3), state and political subdivisions thereof, shall be exempt from any certification fees required by rules of the Board if an affidavit is filed with the Department stating that the applicant is employed by the state or political subdivision thereof and shall only be performing lead-based paint services for the state or political subdivision employer. Any such employee who performs or offers to perform lead-based paint services as a certified lead-based paint contractor or specialist for persons other than his or her state or political subdivision employer shall be subject to certification fees upon such performance or offer.
Will the renewal notices be provided by the DEQ?
Yes, for all LBP certifications that expire annually on March 31. OAC 252:110-11-6(a) states “As a service, the Department will mail certification renewal notices on or before January 15 of each year to persons and firms certified of record.” DEQ staff will prepare and send these notices by January 15 as required.
Can a person take a Lead-Based Paint Project Designer course out of state and become certified in the state of Oklahoma since there are no accredited trainers who offer the course in Oklahoma?
Until DEQ accredits a Project Designer course in Oklahoma, a person may take the course
out-of-state and apply for Oklahoma certification. DEQ does require documentation that the out-of-state course used EPA model curriculum. All other certification regulations applicable to the project designer discipline under Chapter 110 will also apply. Once DEQ accredits a Project Designer course, all regulations under 252:110 will apply. To become certified in Oklahoma after that date, the applicant must complete an initial Project Designer course from the Oklahoma accredited trainer. This would also apply to Project Designer renewals and refresher courses.
If someone currently holds LBP certification in another state, how does that person get certified to perform LBP services in the state of Oklahoma?
According to Oklahoma LBP Management Rules, OAC 252:110, there are two ways for people currently certified in another state to become certified in Oklahoma.
First, they can follow the initial certification process:
- Take the discipline specific LBP initial course from an Oklahoma accredited training provider.
- Submit an initial application with initial application fees.
- Pass the 3rd party EPA exam and pay exam fees (if discipline requires test).
Second, they can choose to apply using a current certification issued by another state and follow the process below:
- Take the discipline specific LBP refresher course from an Oklahoma accredited training provider, (these courses are usually offered in January, February, and March).
- Submit an initial application with initial application fees.
- Pay the equivalency review fee, $500.
- Pass the 3rd party EPA exam and pay exam fees (if discipline requires test).
DEQ LBP Management Rules 252:110-11-7 states that initial training requirements may be waived except for the refresher training course. The applicant must also satisfy all requirements in 252:110-7-4 and documentation of the certification and of completed training and other services required by the certifying state or agency, copies of the certifying state’s or agency’s certification requirements, and the name, address and telephone number of an individual responsible for the other certification program. In addition, 252:110-11-9 states applicants requesting approval of LBP certification from another state, an equivalency review fee of $500.00 per certification shall be assessed upon application in addition to the certification fees.
I have already certified with EPA. Since DEQ now has delegation of the RRP program, what do I need to do to become certified through DEQ?
252:110-15-4. Renovator certification requirements
(b) Other state or EPA individual certification issued by EPA or another state must obtain certification from the Department upon expiration of their current certification. Renovators who have not previously been certified must be certified by the Department accredited training course by September 22, 2013.
252:110-15-5. Certification of firms conducting renovation services
(b) Other state or EPA firm certification. Any renovation firm that holds a current and valid certification issued by EPA or another state must obtain certification from the Department by September 22, 2013.
Do all workers need to be RRP certified?
Workers on renovation projects do not need certification so long as on-the-job training is received from a Certified Renovator and the work is not HUD-regulated.
The certified renovator must perform or direct certain key tasks during the renovation and be present on-site during those key tasks, including while:
- Signs are being posted before the job;
- The work area is being contained; and
- The work area is being cleaned post-renovation.
The certified renovator must perform cleaning verification after the job is finished.
- The certified firm and renovator must make sure that other workers on the renovation job follow lead-safe work practices.
- The certified firm and renovator must prepare and maintain records.
What is the complaint line for violations of the DEQ RRP?
Either 1-800-522-0206, or directly to the LBP program at 405-702-4100. The main DEQ website also has a complaint form available.
After a person documents their actions under the RRP, they keep their records for three (3) years. Can those records be kept in an electronic format or must originals be kept?
The RRP regulations do not specify format, but all required records must be kept in a format that allows the renovator and firm to demonstrate compliance with the regulations.
When and under what conditions will a LBP Project Designer be required?
Upon a review of the EPA and HUD requirements, we find that there is not a simple answer to this question. In previous draft rules, HUD and EPA recommended that those abatement projects above a certain “threshold size” of 10 units require a Project Designer. However, no recommendations of size were included in the final HUD/EPA requirements. The EPA now simply states that a project designer must be used in “large scale projects” as determined by the property owner (See 40 CFR Part 745.225(d)(4)).
Will an abatement notification form be required in advance for small, short-term projects?
Yes. Abatement notification forms are required at least five business days prior to commencement of abatement activities as established in OAC 252:110-5-1(4). Business day is defined as Monday through Friday with the exception of State holidays. Please be advised that unless an alternative agreement is negotiated, the five business day window is a requirement.
In the same sense a risk assessor can perform the same duties as an inspector, can a supervisor perform the same duties as an abatement worker?
Yes. A supervisor can perform the duties of an abatement worker. However, an abatement worker cannot oversee or supervise himself on a project. An individual certified as a supervisor can oversee himself on a project.
What is the difference between Lead-based Paint (LBP) abatement and renovation?
Abatements, inspections, and risk assessments are all examples of LBP activities that can only be performed by highly-trained and certified LBP professionals. Their work is primarily focused on LBP. On the other hand, renovations are performed in all sorts of housing, and are only regulated when done in pre-1978 situations. RRP rules are designed to prevent increasing the risk of disturbed LBP by companies and workers that do not routinely work with LBP.
What is on-going monitoring?
On-going monitoring consists of visual surveys conducted by property owners (or manager) and re-evaluations by risk assessors. On-going monitoring schedules will vary according to the level of Lead hazards identified in the dwelling and Lead hazard controls performed. The HUD Guidelines, Chapter 6, contains information and a table to assist LBP professionals in selecting on-going monitoring schedules and performing re-evaluation.
When is on-going monitoring required?
According to 40 CFR 745.227, Risk Assessors must include on-going monitoring schedules in risk assessment reports when they recommend encapsulant or enclosures as LBP abatement methods. LBP Supervisors must include on-going monitoring schedules in post LBP abatement reports when encapsulant or enclosures have been used as LBP abatement methods.
What are minor repair and maintenance activities?
“Minor repair and maintenance activities” are activities, including minor heating, ventilation or air conditioning work, electrical work, and plumbing, that disrupt 6 square feet or less of painted surface per room for interior activities or 20 square feet or less of painted surface for exterior activities where none of the work practices prohibited or restricted by 40 CFR § 745.85(a)(3) are used and where the work does not involve window replacement or demolition of painted surface areas.
When removing painted components, or portions of painted components, the entire surface area removed is the amount of painted surface disturbed. Jobs, other than emergency renovations, performed in the same room within the same 30 days must be considered the same job for the purpose of determining whether the job is a minor repair and maintenance activity.
Are only those child-occupied facilities constructed before 1978 affected by LBP regulations?
Yes. The federal rules, and our corresponding state rules, apply to only pre-1978 target housing and pre-1978 child-occupied facilities.
Will DEQ maintain a list of RRP Firms online?
Yes, we list all firms certified by DEQ and those EPA-certified firms that have provided their information to DEQ.
Will DEQ maintain a list of Certified Renovators online?
No, we have no plans to do that.
What is renovation?
“Renovation” means the modification of any existing structure, or portion thereof, that results in the disturbance of painted surfaces, unless that activity is performed as part of an abatement as defined by 40 CFR ? 745.223. The term renovation includes (but is not limited to): the removal, modification or repair of painted surfaces or painted components (e.g., modification of painted doors, surface restoration, window repair, surface preparation activity (such as sanding, scraping, or other such activities that may generate paint dust)); the removal of building components (e.g., walls, ceilings, plumbing, windows); weatherization projects (e.g., cutting holes in painted surfaces to install blown-in insulation or to gain access to attics, planing thresholds to install weather-stripping); and interim controls that disturb painted surfaces. A renovation performed for the prupose of converting a building, or part of a building, into target housing or a child-occupied facility is a renovation under this subchapter. The term renovation does not include minor repair and maintenance activities.
Which labs are certified to test Lead-Based Paint samples?
TOY RECALLS: The U.S. Consumer Products Safety Commission is charged with protecting the public from unreasonable risks of serious injury or death from more than 15,000 types of consumer products. For information on lead related recalls, please visit their website.