CHAPTER 6. REGULATION OF ASBESTOS AND ASBESTOS CONTRACTORS
IC 13-17-6
Chapter 6. Regulation of Asbestos and Asbestos Contractors
IC 13-17-6-1
Asbestos emission control; program for accreditation of persons
engaged in inspection, management, or abatement; licensing of
contractors
Sec. 1. (a) This section does not apply to a person making an
inspection under the authority of IC 22-8-1.1.
(b) The board shall adopt rules under IC 4-22-2 requiring the
commissioner to establish a program for the following:
(1) The accreditation of persons engaged in the inspection,
management, or abatement of asbestos containing material.
(2) The licensing of asbestos contractors.
(c) The board shall, in the rules adopted under this section, do the
following:
(1) Prohibit a person without accreditation or an asbestos
contractor without a license from engaging in the inspection,
management, or abatement of asbestos containing material at:
(A) elementary and secondary schools; and
(B) facilities subject to:
(i) United States Environmental Protection Agency
regulations; or
(ii) rules of the board;
pertaining to asbestos emission control.
(2) Require training and examination as a precondition to
accreditation.
(3) Require periodic retraining and reexamination to maintain
accreditation.
(4) Establish minimum requirements for the issuance of an
asbestos contractor license, including a requirement that all
workers employed by an asbestos contractor to inspect, manage,
or abate asbestos containing material be accredited under the
program established under this section.
(5) Extend the applicability of the accreditation and licensing
requirements to other facilities as determined by the board.
(6) Exempt from accreditation and licensing requirements a
person that performs work:
(A) on a private residential dwelling and commercial
residential building with fewer than five (5) dwelling units;
and
(B) during an emergency that results from a sudden and
unexpected event that is not a planned asbestos project.
As added by P.L.1-1996, SEC.7.
IC 13-17-6-2
Fee for certification
Sec. 2. (a) This section does not apply to a person making an
inspection under the authority of IC 22-8-1.1.
(b) The board shall adopt a rule under IC 4-22-2 to do the
following:
(1) Establish a fee not to exceed one hundred fifty dollars
($150) per person per certification for persons seeking
accreditation through the program established under section 1
of this chapter.
(2) Establish a fee for asbestos contractors seeking licensing
through the program established under section 1 of this chapter.
(c) The amount of the fee established under subsection (b) must
not be more than is considered to be necessary to recover the cost of
establishing the accreditation and licensing programs.
(d) The proceeds of the fee shall be deposited in the asbestos trust
fund established by section 3 of this chapter.
As added by P.L.1-1996, SEC.7.
IC 13-17-6-3
Asbestos trust fund
Sec. 3. (a) The asbestos trust fund is established to provide a
source of money for the purposes set forth in section 4 of this
chapter.
(b) The expenses of administering the fund shall be paid from the
money in the fund.
(c) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested. Interest that accrues
from these investments shall be deposited in the fund.
(d) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
(e) The sources of money for the fund are the following:
(1) Accreditation fees paid under section 2 of this chapter.
(2) Appropriations made by the general assembly, gifts, and
donations intended for deposit in the fund.
(3) Penalties imposed under IC 13-30-4 and IC 13-30-5 for
violations of the rules of the board concerning asbestos.
As added by P.L.1-1996, SEC.7.
IC 13-17-6-4
Asbestos trust fund; use of funds
Sec. 4. The commissioner may use money in the fund to do the
following:
(1) Pay the expenses of administration of the accreditation
program established under section 1 of this chapter.
(2) Cover other costs related to implementation of the federal
Asbestos Hazard Emergency Response Act of 1986 (15 U.S.C.
2641 et seq.).
As added by P.L.1-1996, SEC.7.
IC 13-17-6-5
Agents or employees of licensed asbestos contractor; necessity of
accreditation under certain circumstances
Sec. 5. An asbestos contractor licensed under this chapter may not
allow an agent or employee of the contractor to:
(1) exercise control over an asbestos project; or
(2) come into contact with asbestos;
unless the agent or employee is accredited under this chapter.
As added by P.L.1-1996, SEC.7.
IC 13-17-6-6
Records of asbestos removal projects; contents; maintenance;
inspection
Sec. 6. (a) An asbestos contractor licensed under this chapter shall
compile records concerning each asbestos project the asbestos
contractor performs. The records must include the following
information on each asbestos project:
(1) The name, address, and proof of accreditation of the
following:
(A) The person who supervised the asbestos project for the
asbestos contractor.
(B) Each employee or agent of the asbestos contractor that
worked on the project.
(2) The site of the asbestos project.
(3) A description of the asbestos project.
(4) The amount of asbestos containing material that was
removed in the project.
(5) The date on which the asbestos project was started and the
date on which the asbestos project was completed.
(6) A summary of procedures that were used in the asbestos
project to comply with all applicable federal and state standards
on asbestos projects.
(7) The name and address of each disposal site used for the
disposal of asbestos containing material that was disposed of on
the asbestos project.
(b) A copy of each receipt issued by a disposal site identified
under subsection (a)(7) must be included in the records concerning
the project compiled under this section.
(c) An asbestos contractor shall retain the records compiled under
subsection (a) concerning a particular asbestos project for at least
thirty (30) years after the asbestos project is concluded.
(d) An asbestos contractor shall make records kept under this
section available to the department upon request.
As added by P.L.1-1996, SEC.7.
IC 13-17-6-7
Onsite inspection of asbestos project
Sec. 7. At least one (1) time each year, the department shall
investigate the procedures employed by each licensed asbestos
contractor with regard to the:
(1) abatement;
(2) removal;
(3) renovation;
(4) enclosure;
(5) repair; and
(6) encapsulation;
of asbestos containing material by conducting an inspection of the
site of an asbestos project being carried out by the licensed asbestos
contractor.
As added by P.L.1-1996, SEC.7.
IC 13-17-6-8
Public asbestos projects; bidder restrictions
Sec. 8. A political subdivision or a state agency may not accept a
bid for an asbestos project from a person that does not hold an
asbestos contractor license.
As added by P.L.1-1996, SEC.7.
IC 13-17-6-9
Commissioner's inspection or investigation
Sec. 9. The commissioner may do the following:
(1) Inspect the site of an asbestos project:
(A) during the project; or
(B) after the project is completed.
(2) Conduct an investigation of an asbestos project upon:
(A) the commissioner's own initiation; or
(B) the receipt of a complaint by a person.
As added by P.L.1-1996, SEC.7.
IC 13-17-6-10
Injunction against nonconforming asbestos removal procedures;
notice; review
Sec. 10. (a) If the commissioner finds that an asbestos project is
not being performed in accordance with air pollution control laws or
rules adopted under air pollution control laws, the commissioner may
enjoin further work on the asbestos project without prior notice or
hearing by delivering a notice to:
(1) the asbestos contractor engaged in the asbestos project; or
(2) the agent or representative of the asbestos contractor.
(b) A notice issued under this section must:
(1) specifically enumerate the violations of law that are
occurring on the asbestos project; and
(2) prohibit further work on the asbestos project until the
violations enumerated under subdivision (1) cease and the
notice is rescinded by the commissioner.
(c) Not later than ten (10) days after receiving written notification
from a contractor that violations enumerated in a notice issued under
this section have been corrected, the commissioner shall issue a
determination whether or not to rescind the notice.
(d) An asbestos contractor or any other person aggrieved or
adversely affected by the issuance of a notice under subsection (a)
may obtain a review of the commissioner's action under IC 4-21.5
and IC 4-21.5-7.
As added by P.L.1-1996, SEC.7. Amended by P.L.25-1997, SEC.8.
IC 13-17-6-11
Reprimand, suspension, or revocation of license or accreditation;
grounds
Sec. 11. (a) The commissioner may under IC 4-21.5 reprimand an
asbestos contractor or asbestos worker or suspend or revoke the
license of an asbestos contractor or the accreditation of an asbestos
worker for the following reasons:
(1) Fraudulently or deceptively obtaining or attempting to
obtain a license or accreditation under this chapter.
(2) Failing to meet the qualifications for a license or
accreditation or failing to comply with the requirements of air
pollution control laws or rules adopted under air pollution
control laws.
(3) Failing to meet an applicable federal or state standard for
the abatement, removal, or encapsulation of asbestos.
(b) The commissioner may under IC 4-21.5 reprimand an asbestos
contractor or suspend or revoke the license of an asbestos contractor
that does any of the following:
(1) Employs a person who is not accredited under this chapter.
(2) Permits a person who is not accredited under this chapter to
work on an asbestos project.
As added by P.L.1-1996, SEC.7.
IC 13-17-6-12
Necessity of license or accreditation before performing asbestos
project; exceptions
Sec. 12. (a) Except as provided in subsections (c) and (d), a
person that enters into a contract providing for the person to execute,
for compensation, an asbestos project must hold an asbestos
contractor's license.
(b) Except as provided in subsections (c) and (d), an individual
who works on an asbestos project must be accredited under this
chapter.
(c) In an emergency that results from a sudden and unexpected
event that is not a planned renovation or demolition, the
commissioner may waive the requirements set forth in subsections
(a) and (b) for a person that enters into a contract or works to resolve
the emergency.
(d) The commissioner may:
(1) exempt an employer from subsection (a); and
(2) exempt the employer's employees from subsection (b) with
respect to an asbestos project on premises owned or leased by
the employer;
if the commissioner determines that the employer has adopted and is
enforcing an asbestos safety program that is adequate to protect the
health and safety of the employees and of any other persons who are
or may be affected by the asbestos project.
As added by P.L.1-1996, SEC.7.