(1) The department shall administer and enforce a state program for worker training and certification, and training program accreditation, which shall 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 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 a memorandum of understanding with local governments or private entities for implementation of components of the state program.

     (2) The department is authorized to adopt rules that are consistent with federal requirements to implement a state program. Rules adopted under this section shall:

     (a) Establish minimum accreditation requirements for lead-based paint activities for training providers;

     (b) Establish work practice standards for conduct of lead-based paint activities;

     (c) Establish certification requirements for individuals and firms engaged in lead-based paint activities including provisions for recognizing certifications accomplished under existing certification programs;

     (d) Require the use of certified personnel in all lead-based paint activities;

     (e) Be revised as necessary to comply with federal law and rules and to maintain eligibility for federal funding;

     (f) Facilitate reciprocity and communication with other states having a lead-based paint certification program;

     (g) Provide for decertification, deaccreditation, and financial assurance for a person certified by or a training provider accredited by the department; and

     (h) Be issued in accordance with the administrative procedure act, chapter 34.05 RCW.

     (3) The department may accept federal funds for the administration of the program.

     (4) This program shall equal, but not exceed, legislative authority under 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.), and Title X of the housing and community development act of 1992 (P.L. 102-550).

     (5) Any rules adopted by the department shall be consistent with federal laws, regulations, and requirements relating to lead-based paint 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 70.105D RCW, to ensure consistency in regulatory action. The rules may not be more restrictive than corresponding federal and state regulations unless such stringency is specifically authorized by this chapter.

     (6) The department shall collect a fee in the amount of twenty-five dollars for certification and recertification of lead paint firms, inspectors, project developers, risk assessors, supervisors, and abatement workers.

     (7) The department shall collect a fee in the amount of two hundred dollars for the accreditation of lead paint training programs.

[2003 c 322 § 3.]