§ 23-24.5-12 - Licensure of asbestos contractors.
SECTION 23-24.5-12
§ 23-24.5-12 Licensure of asbestoscontractors. – (a) No person or entity shall undertake an asbestos abatement project ordispose of friable asbestos materials in or from any building or demolition ofany portion of a structure containing friable asbestos or asbestiform materialunless the director has licensed that person or entity as qualified for thosepurposes. Any building owner who causes an asbestos abatement project ordisposal of friable asbestos materials to be undertaken in violation of eitherthis section or any rules or regulations promulgated pursuant to the authorityconferred by this section shall also be subject to the enforcement provisionsof this section.
(b) Notwithstanding any other law or regulation, no buildingpermit or demolition permit involving asbestos abatement shall be issued by anymunicipal or state official unless the application for the permit includes acertified copy of an approved abatement plan and a certified copy of thelicense of the asbestos contractor who shall undertake the work.
(c) No asbestos abatement projects shall be undertaken unlessthe contractor involved is licensed by the director and its asbestos abatementplan is approved by the director.
(d) The director shall establish procedures and issueregulations for the licensure of asbestos contractors and their supervisors andfor the training of the employers of asbestos employees. The director isauthorized to establish procedures and regulations for the licensure ofasbestos workers. The director may assess fees for asbestos worker licensesissued in accordance with rules or regulations promulgated pursuant to theauthority conferred by this section, provided that those fees are assessed onlyafter procedures in accordance with chapter 35 of title 42 have been followed.
(e) The director shall in establishing licensure criteria forasbestos contractors, consider the following factors:
(1) The contractor's experience,
(2) Financial qualifications to abate asbestos properly,
(3) A company's history of safe and proper abatement,
(4) A history of compliance with department regulations, and
(5) Proof of completion of training programs approved by thedirector.
(f) Each person licensed by the director shall be issued bythe director a photograph identification card containing the license which thatperson must keep in his or her possession at each work site.
(g) The director may assess fees for asbestos contractor andsite supervisory personnel licenses issued in accordance with rules orregulations promulgated pursuant to the authority conferred by this section,provided that such fees are assessed only after procedures in accordance withchapter 35 of title 42 have been followed.
(h) For cause and for violation of the regulations of thedirector, the director or his or her designee may suspend or revoke a licenseissued pursuant to this section.
(i) The director shall maintain a public list of licensedcontractors and shall annually publish that list in a state newspaper ofgeneral circulation.