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Chapter 52-3 REPEALED (52-3-.01 thru 52-3-.07)

Rule 52-3-.01 Licensing and Certification

The Board shall license contractors and certify asbestos foremen whose qualifications meet or exceed the criteria set forth in 52-3-.02 or 52-3-.03. Any contractor or asbestos foreman may apply to the Board through the Division for licensing or certification on forms provided by the Board. The Director shall review any such application and recommend to either grant or deny the application. If the application contains insufficient information for the Director to make a recommendation, the Director may request additional information from the applicant, in which case the Director shall recommend action on the application upon receipt of the necessary information. Any license or certification granted in accordance with this Rule or the Act shall be valid for a period of time not to exceed 12 months. The Board shall be authorized up until October 1, 1987 to grant temporary licenses and certificates, which shall be effective for six months. Application for renewal shall be made 30 days prior to expiration of existing license or certificate.

Rule 52-3-.02 Criteria for Licensing of Contractors

To become licensed under this Rule, the contractor shall submit documentation meeting the following criteria:

(a) Satisfactory completion of a training course in the removal and abatement of asbestos as described in Rule 52-4-.01. This training course to have been completed within 48 months prior to submittal of application;
(b) Reliability in performance of general contracting activities;
(c) Prior experience in performing asbestos abatement activities as demonstrated through the submission of information that the applicant has successfully completed or supervised three previous asbestos abatement projects. Performance under a temporary license will be evaluated as the basis for a full license;
(d) Current in use satisfactory written standard operating procedures for employee respiratory protection, overall work practices, worker and public protection practices and bulk and air sampling procedures for asbestos abatement activities;
(e) Factors to be considered. In assessing an applicant's competence in the performance of asbestos abatement activities, the Board shall consider the following information which shall be provided in the application:
1. Description of any asbestos abatement activities conducted by the applicant that have been terminated prior to completion including the circumstances of the termination;
2. A list of any contractural penalties that the applicant has paid for breach or noncompliance with contract specifications for asbestos abatement activities;
3. Identification of any citations levied against the applicant by any Federal, State, or local governmental agencies for violations relating to asbestos abatement; and
4. A description of all legal proceedings, law suits, or claims that have been filed or levied against the applicant for asbestos-related activities;
5. Training process for applicant's employees in the hazards and procedures of asbestos abatement activities;
6. The availability of personal and public protective equipment appropriate to asbestos abatement activity.

Rule 52-3-.03 Criteria for Certification of Asbestos Foremen

To become certified under this Rule, the asbestos foreman shall submit documentation meeting the following criteria:

(a) Satisfactory completion of a training course in the removal and abatement of asbestos as described in Rule 52-4-.01. This training course to have been completed within 48 months prior to submittal of application.

Rule 52-3-.04 Licensing of Asbestos Roofing Contractors and Certification of Asbestos Roofing Foremen

The Board shall license asbestos roofing contractors and certify asbestos roofing foremen whose qualifications meet or exceed the criteria set forth in 52-3-.05 or 52-3-.06. Any asbestos roofing contractor or asbestos roofing foreman may apply to the Board through the Division for licensing or certification on forms provided by the Board. The Director shall review any such application and recommend to either grant or deny the application. If the application contains insufficient information for the Director to make a recommendation, the Director may request additional information from the applicant, in which case the Director shall recommend action on the application upon receipt of the necessary information. Any license or certification granted in accordance with this Rule or the Act shall be valid for a period of time not to exceed 12 months. The Board shall be authorized to grant temporary licenses and certificates in accordance with the provisions of Rule 52-3-.07, which shall be effective for six months from the date of issuance. Application for renewal shall be made 30 days prior to expiration of existing license or certificate.

Rule 52-3-.05 Criteria for Licensing Asbestos Roofing Contractors

To become licensed under this Rule, the contractor shall submit documentation meeting or exceeding the following criteria:

(a) Satisfactory completion of a training course in the removal and encapsulation of friable and potentially friable asbestos-containing material as described in Rule 52-4-.01. This training course to have been completed within 48 months prior to submittal of application;
(b) Reliability in performance of general contracting activities;
(c) Prior experience in performing asbestos roofing activities as demonstrated through the submission of information that the applicant has successfully completed or supervised three previous asbestos roofing projects. Performance under a temporary license will be evaluated as the basis for a full license;
(d) Current in use satisfactory written standard operating procedures for employee respiratory protection, overall work practices, worker and public protection practices and bulk and air sampling procedures for asbestos roofing activities.
(e) Factors to be Considered. In assessing an applicant's competence in the performance of asbestos roofing activities, the Board shall consider the following information which shall be provided in the application:
1. Description of any asbestos roofing activities conducted by the applicant that have been terminated prior to completion including the circumstances of the termination;
2. A list of any contractural penalties that the applicant has paid for breach or noncompliance with contract specifications for asbestos roofing activities;
3. Identification of any citations levied against the applicant by any Federal, State, or local governmental agencies for violations relating to asbestos abatement;
4. A description of all legal proceedings, law suits, or claims that have been filed or levied against the applicant for asbestos-related activities.
5. Training process for applicant's employees in the hazards and procedures of asbestos roofing activities.
6. The availability of personal and public protective equipment appropriate to asbestos roofing activity.

Rule 52-3-.06 Criteria for Certification of Asbestos Roofing Foreman

To become certified under this Rule, the asbestos roofing foreman shall submit documentation meeting or exceeding the following criteria:

(a) Satisfactory completion of a training course in the removal and encapsulation of friable and potentially friable asbestos-containing material as described in Rule 52-4-.01. This training course to have been completed within 48 months prior to submittal of application.

Rule 52-3-.07 Criteria for Temporary Licensing and Certification of Asbestos Roofing Contractor's and/or Asbestos Roofing Foremen

To obtain a temporary license or certification, the applicant must submit documentation that the applicant has attended and passed an exam for an approved training course or that the applicant has supervised asbestos-related work. The applicant must also submit documentation requested under 52-3-.02(e).