33-0921 - Aquatic Antifouling Paint Applicator Certification.

NY Env Cons L § 33-0921 (2019) (N/A)
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1. Notwithstanding any other provision of law or regulation pursuant to this title, a person who is certified by the commissioner as an aquatic antifouling paint applicator may engage in the commercial application of aquatic antifouling paint.

2. Application for aquatic antifouling paint applicator certification shall be made to the commissioner. The application shall be on a form prescribed by the commissioner and shall be accompanied by the fee or fees provided in section 33-0911 of this article.

3. An applicant for aquatic antifouling paint applicator certification shall successfully complete a comprehensive twenty-hour training course approved by the department including eight hours of category-specific training which includes topics related to the safe and proper use, handling, storage and disposal of aquatic antifouling paints and/or satisfy the commissioner as to the applicant's knowledge and experience concerning the proper use and application of aquatic antifouling paint and application equipment through examination prior to initial certification. The commissioner may consider appropriate experience of the applicant as specified in regulations when determining eligibility for examination.

4. Aquatic antifouling paint applicator certification shall be valid for three years after which every applicator shall recertify. Recertification shall require no more than five hours of course work by training, workbook, or examination as required by the commissioner.

5. No certification shall be valid unless the certified person also holds a valid identification card issued by the commissioner. Certification identification cards shall be valid for three years.

6. Certified aquatic antifouling paint applicators shall maintain such records and shall furnish such reports concerning the application of aquatic antifouling paints as the commissioner shall require. All records required to be kept under this section shall be available for inspection by the commissioner.