§ 23-24.5-2 - Definitions.
SECTION 23-24.5-2
§ 23-24.5-2 Definitions. – For the purpose of this chapter:
(1) "Abatement" means the repair, enclosure, encapsulation,or removal of friable asbestos in significant quantities as determined by thedirector by regulation. The term shall not apply to those spot repairs oflimited areas of asbestos as determined by the director or his or her designeethrough regulation to be of low risk exposure.
(2) "Abatement process" means the series of events leading tothe abatement of a friable asbestos hazard. The process includes theinspection, identification, and ranking of the hazard, the drawing of abatementplans, the monitoring of the abatement, the eventual clean-up, and the issuanceof a reoccupancy permit.
(3) "Action criteria" refers to the asbestos assessmentfactors detailed in the Decision Protocol, Appendix D, of The New JerseyAsbestos Policy Commission's Report to the Governor, March 1985, except thatthe criteria shall not include air sampling standards contained in that report.
(4) "Asbestiform materials" means those naturally occurringfibers of similar shape, size, strength, surface, and characteristics ofasbestos fibers as are otherwise described in the publication entitled"Non-Occupational Health Risks of Asbestiform Fibers", Committee onNon-Occupational Health Risks of Asbestiform Fibers, Board on Toxicology andHealth Hazards of the Commission on Life Science of the National ResearchCouncil; U.S. Environmental Protection Agency and National Academy of Sciences,National Academy Press, Washington, D.C. 1984, E.P.A. 68-01-4655.
(5) "Asbestos" means that unique group of naturally occurringminerals that separate into fibers of high tensile strength, resistant to heat,wear, and chemicals, described as the following types: chrysotile, amosite,crocidolite, tremolite, anthophyllite, and actinolite, and every productcontaining any of these minerals that have been chemically treated and/oraltered which, after manufacture, are used for these products and end uses asinsulation, textiles, paper, cement sheets, floor tile, wall covering,decorations, coating, sealants, cement pipe, and reinforced plastics and othercompounds.
(6) "Asbestos containing material (ACM)" means any materialor product which contains more than one percent (1%) asbestos.
(7) "Asbestos contractor" means any person or entity engagedin asbestos abatement as a business. Each employee of any entity directlyengaged or intending to engage directly in abatement as a business shall beconsidered a contractor for the purposes of training and licensure requirementsof this title.
(8) "Competent person" means a public or private employeedesignated, trained, and certified to conduct basic asbestos inspection andabatement process evaluation within the jurisdiction of the agency,municipality, or building(s) in which the person is employed.
(9) "Department" means the state department of health.
(10) "Director" means the director of health.
(11) "Friable" means that condition of crumbled, pulverized,powdered, crushed, or exposed asbestiform or asbestos fibers which are capableof being released into the air by hand pressure.
(12) "Friable asbestos material" means:
(i) Asbestos containing material (ACM) that, when dry, can becrumbled, pulverized or reduced to power by hand pressure; or
(ii) Non-friable ACM, including but not limited to regulatedasbestos containing material (RACM) as defined by the U.S. EnvironmentalProtection Agency pursuant to 40 CFR 61, Subpart M, that will be or has beensubjected to sanding, grinding, cutting, and abrading; or by the forcesexpected to act on the ACM during renovation and/or demolition activities.
(13) "High priority group building" refers to those public orprivate buildings or portions of these that are child inhabited or childfrequented structures and shall include, but not be limited to: public andparochial schools (grades pre-K to 12), day care centers, nurseries, acute orchronic children's hospitals or wardrooms of these as defined by the statebuilding code use groups (I-2). Private residences used for these purposes andhousing occupied by ten (10) children or less are excluded from this group.
(14) "Intermediate priority group building" refers to thosepublic or private buildings or portions of these other than those in the highand low priority groups which are designated within the state building code usegroups as follows: places of public assembly (group A); buildings occupied byadult inmates (group I-3), hospital patients (group I-2), or institutional carefacility clients (group I-1); and auditoriums (group A). "Intermediate prioritygroup buildings" also includes those buildings which are: colleges (ordinarilygroup B); banks (group B); and other business, industrial, educational, andmercantile buildings (groups B, E, F, H and M) including, but not limited to,hotels and motels (group R-1), multifamily dwellings (group R-2), and places ofemployment with more than ten (10) employees.
(15) "Low priority group building" refers to public orprivate buildings or portions of them not in the other groups which areinfrequently used (group U), closed, abandoned, or scheduled for abandonment inthe immediate future and those buildings which are private residences (groupsR-3 and R-4).
(16) "Owner" means the person or entity having legal title toproperty and/or buildings; the term includes owners and consignees of asbestosmaterial to be sold, installed, fabricated, or manufactured in Rhode Island.For purposes of publicly owned property only, the owner is defined as the chiefexecutive officer of the state agency or municipal agency which owns, leases,or controls the use of the property.
(17) "Private building" refers to any structure open to thepublic which is not a public building, and includes but is not limited to:private schools, nurseries, colleges, hospitals, warehouses, banks, retailstores, automobile repair shops, and places of employment.
(18) "Private residence" refers to any building with eitherone or two (2) separate dwelling units used solely as a private domicile of aperson or persons where those persons normally sleep, eat, and maintain livingquarters and which is designated within the state building code use group R-4.
(19) "Public building" refers to any structure owned,managed, leased, furnished, or occupied by a state or municipal agency,commission, or public school.
(20) "Regulated asbestos containing material (RACM)" asdefined by the U.S. Environmental Protection Agency pursuant to 40 CFR 61,Subpart M, means:
(i) Friable asbestos material;
(ii) Category I non-friable ACM (packings, gaskets, resilientfloor covering, and asphalt roofing products) that has become friable;
(iii) Category I non-friable ACM that will be or has beensubjected to sanding, grinding, cutting, or abrading; or
(iv) Category II non-friable ACM (excluding category Inon-friable ACM) that has a high probability of becoming or has becomecrumbled, pulverized, or reduced to powder by the forces expected to act on thematerial in the course of demolition or renovation operations.
(21) "State building code" refers to chapter 27.3 of thistitle.
(22) "State inspector" means a person trained in industrialhygiene who is either a state employee or a designee of the health departmentwhose duty, among others, is to conduct state asbestos inspections.