Okla. Stat. tit. 27A, § 27A-2-12-201

- Consistency with federal law.

A. The Environmental Quality Board shall promulgate rules

governing lead-based paint services which will:

1. Enable any lead-based paint contractor meeting the standards

and criteria established by the Board, including satisfactory

completion of required training in applicable courses offered by

Department of Environmental Quality-accredited training providers

and programs or an out-of-state provider or program recognized and

approved by the Department, to become certified by the Department;

2. Require that any lead-based paint reduction contractor,

inspector or hazard evaluator or specialist performing or offering

to perform lead-based paint services on target housing or child-

occupied facilities is certified prior to the performance of any

such service;

3. Ensure that persons holding themselves out to be certified

lead-based paint contractors or certified lead-based paint

specialists have been certified as such by the Department; and

4. Provide for accreditation of approved training providers and

programs located in this state.

B. Such rules shall:

1. Contain standards for performing lead-based paint activities

taking into account reliability, effectiveness and safety;

2. Contain specific requirements for the accreditation of lead-

based paint training programs and the instructors of such programs

including, but not limited to:

a. minimum requirements for the accreditation of training

providers,

b. minimum training curriculum requirements,

c. minimum training hour requirements,

d. minimum hands-on training requirements,

e. minimum trainee competency and proficiency

requirements, and

f. minimum requirements for training program quality

control;

3. Set training requirements for certified lead-based paint

contractors and lead-based paint specialists and require that such

training be provided by Department-accredited training providers and

programs, or by out-of-state providers and programs recognized and

approved by the Department. Such requirements shall allow for

differences in the training needs of such contractors and

specialists in lead-based paint services in target housing and

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 300

child-occupied facilities and in applicable state and municipal

regulatory waste disposal requirements;

4. Provide that training requirements applicable to lead-based

paint specialists establish minimum acceptable levels of training

and periodic refresher training for each class of specialists;

5. Require that all lead-based paint training programs shall

include, but not be limited to, a hands-on component and instruction

on the health effects of lead exposure, the use of personal

protective equipment, workplace hazards and safety problems,

reduction and abatement methods and work practices, decontamination

procedures, cleanup and waste disposal procedures, lead monitoring

and on-site testing methods, and legal rights and responsibilities;

6. Set forth requirements for certification of lead-based paint

contractors and specialists. Such requirements shall include, but

are not limited to, applications therefor, bonding and education,

training, examination and experience prerequisites;

7. Establish a system of training for all personnel who render

review and inspection services for the Department in order to assure

uniform statewide application of rules; and

8. Identify guidelines, based on federal regulations, for the

determination of adverse human health effects posed by lead-based

paint hazards.

C. Rules promulgated by the Board shall not apply to railroad

bridges owned or leased by a railroad.

D. 1. The Board shall establish a system of nonrefundable fees

to be charged for certification of lead-based paint contractors and

specialists, accreditation of approved Oklahoma training programs

and training providers, recognition and approval of out-of-state
d by lead-based

paint hazards.

C. Rules promulgated by the Board shall not apply to railroad

bridges owned or leased by a railroad.

D. 1. The Board shall establish a system of nonrefundable fees

to be charged for certification of lead-based paint contractors and

specialists, accreditation of approved Oklahoma training programs

and training providers, recognition and approval of out-of-state

accredited training programs and training providers, any training or

other program related to lead-based paint services conducted by the

Department, and for services rendered by the Department in

connection with such certification, accreditation, recognition and

approval, and programs.

2. The Board shall base its schedule of fees upon the costs of

services provided.

3. The 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.

E. Any rules promulgated by the Board shall be consistent with

federal laws and regulations relating to lead-based paint services

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 301

specified by the Residential Lead-based Paint Hazard Reduction Act

of 1992, 42 U.S.C. 4851 et seq., Public Law No. 102-550, to ensure

consistency in regulatory action. Such rules shall not be more

restrictive than corresponding federal regulations unless such

stringency is specifically authorized by this article. The Board

shall have the right to revise its rules and procedures from time to

time to assure that lead-based paint projects continue to be

eligible for federal funding by meeting the state certification

program standards and other requirements that may from time to time

be promulgated by federal agencies that have jurisdiction over lead-

based paint hazards.