Ohio Admin. Code 3745-22-03 - General application procedures and provisions for contractors, specialists, designers, air monitors, and workers
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(Z)
(A) To
apply for an asbestos abatement contractor's license, or for certification as
an asbestos hazard abatement specialist, an asbestos hazard evaluation
specialist, an asbestos hazard abatement project designer, an asbestos hazard
abatement air- monitoring technician, or an asbestos hazard abatement worker a
person shall do all of the following:
(1) Submit a completed application to the
director, on forms prescribed and provided by the director, containing the
information required under this chapter.
(2) If applying for certification, submit a
current, color, original, and clear passport type photograph of the applicant
for the purpose of providing proper identification.
(3) Pay the non-refundable fee required under
the following schedule:
(a) For asbestos
hazard abatement contractors, an annual fee of seven hundred fifty dollars. The
fee for a request to replace a license prior to the expiration date is two
hundred dollars.
(b) For asbestos
hazard abatement specialists, an annual fee of two hundred dollars. The fee for
a request to replace a certificate prior to the expiration date is fifty
dollars.
(c) For asbestos hazard
evaluation specialists, an annual fee of two hundred dollars. The fee for a
request to replace a certificate prior to the expiration date is fifty
dollars.
(d) For asbestos hazard
abatement project designers, an annual fee of two hundred dollars. The fee for
a request to replace a certificate prior to the expiration date is fifty
dollars.
(e) For asbestos hazard
abatement air-monitoring technicians, an annual fee of one hundred dollars. The
fee for a request to replace a certificate prior to the expiration date is
thirty dollars.
(f) For asbestos
hazard abatement workers, an annual fee of fifty dollars. The fee for a request
to replace a certificate prior to the expiration date is twenty
dollars.
(4) Submit
requests for a replacement of a license or certificate in writing. The request
shall contain the name, address, license or certificate number, and tax
identification number of the person requesting the replacement and an
explanation of the reason that the replacement is necessary.
(B)
The
director shall do the following:
(B)(1) Within fifteen
business days after receiving an application, the
director shall acknowledge receipt of the application and notify the
applicant of any deficiency in the application. Within
(2)
Within
sixty calendar days after receiving a completed application, including all
additional information requested by the director, the director shall issue a license or certificate
or deny the application. The director shall issue
only one effective license or certificate from each category to any person,
including any business or public entity and its principle
officers.
(3)
Issue only one effective license or certificate from
each category to any person, including any business or public entity and
principle officers.
(C) Subject to Chapter 119. of the Revised
Code, the director may deny, suspend, or revoke any license or certificate, or
renewal thereof, if the licensee or certificate holder or applicant for a
license or certificate commits any of the following:
(1) Has within two years preceding the
application fraudulently or deceptively obtained or attempted to obtain a
license or certificate.
(2) Fails
at any time to meet the qualifications for a license or certificate.
(3) Is violating or threatening to violate
any provisions of the following:
(a) Chapter
3710. or 3704.03 of the Revised Code, Chapter 3745-20 of the Administrative
Code, this chapter or the "National Emission Standard for Hazardous Air
Pollutants" regulations of the United States environmental protection agency as
the regulations pertain to asbestos, 40 CFR Part 61, Subpart M.
(b) The regulations of the United States
occupational safety and health administration
pertaining to asbestos, 29 CFR section
Section 1926.1101, for business entities or the
"Asbestos Abatement Projects" regulations of the United States environmental
protection agency, 40 CFR Part 763, Subpart G, for public entities.
(c) The regulations adopted by the United
States environmental protection agency pursuant to Title II of the "Federal
Toxic Substances Control Act" (1986), 40 CFR Part 763.
(D) The agency shall deny any
application for an asbestos hazard abatement contractor's license if the
applicant or an officer or employee of the applicant has been convicted of a
felony or found liable in a civil proceeding under any state or federal law
designed to protect the environment.
(E) Persons licensed, certified, or otherwise
approved under the laws of another state to perform functions substantially
similar to those of an asbestos hazard abatement contractor, asbestos hazard
abatement specialist, asbestos hazard evaluation specialist, asbestos hazard
abatement project designer, or asbestos hazard abatement air-monitoring
technician, may apply to the director for licensure or certification. The
director shall license or certify these applicants upon a determination that
the standards for certification, licensure, or approval in the other state are
at least substantially equivalent to those established by Chapter 3710. of the
Revised Code and this chapter. The director may require an examination before
licensure or certification under this paragraph. Persons certified or licensed
under this paragraph are subject to the same duties and requirements for
renewal as other persons certified or licensed pursuant to Chapter 3710. of the
Revised Code and this chapter.
(F)
Each license or certificate issued under this chapter expires one year after
the date of issuance.
(G)
Application for renewal of a license or certificate shall be filed in
accordance with Chapter 4745. of the Revised Code by submitting an application
for renewal to the director, on forms prescribed and provided by the director,
and by paying the appropriate fee as specified in paragraph (A) of this
rule.
(H) The director may waive
the requirements for a license in an emergency that results from a sudden,
unexpected event that is not a planned asbestos hazard abatement project.
"Emergency" includes operations necessitated by nonroutine failures of
equipment or by actions of fire and emergency medical personnel pursuant to
duties within their official capacities. Any person who performs an asbestos
hazard abatement project under emergency conditions shall notify the director
as soon as possible, but no later than the following working day after
commencing the emergency asbestos hazard abatement activity.
(I) The director, without notice or hearing,
may issue an order requiring any action necessary to meet an environmental
health emergency involving asbestos. For purposes of this paragraph,
"Environmental Health Emergency" means any visible emission of
asbestos-containing materials during the course of an abatement activity.
Environmental health emergency includes, but is not limited to, unauthorized
dry removal of asbestos, asbestos abatement activities without engineering
controls or contained work area, breaching of contained work area, or visible
asbestos-containing dusts or debris outside the contained work area.
(1) Any person to whom an order is directed
shall immediately comply with the order.
(2) Upon application to the director, the
person shall, subject to Chapter 119. of the Revised Code, be afforded a
hearing as soon as possible, but no more than twenty days after receipt of the
application by the director.
(J) Persons performing the removal or repair
of pipeline asphaltic wrap or roof flashings in compliance with the United
States occupational safety and health
administration, 29 CFR section
Section 1926.1101(g)(11) are exempt from the
requirements of this chapter.
(K)
Persons performing removal of built up roofing materials, including the use of
a rotating blade roof cutter, in compliance with the "National Emission
Standard for Hazardous Air Pollutants" regulations of the United States
environmental protection agency as the regulations pertain to asbestos, 40 CFR
Part 61, Subpart M, Appendix A and the United States occupational safety
and health administration, 29 CFR
section
Section 1926.1101(g)(8)(ii) are exempt from the
requirements of this chapter.
Notes
Promulgated Under: 119.03
Statutory Authority: 3710.02
Rule Amplifies: 3710.05
Prior Effective Dates: 11/04/1985, 10/06/1986, 03/23/1987 (Emer.), 07/20/1987, 12/07/1990, 02/01/1994, 09/19/2004,09/01/2010, 11/13/2014, 08/06/2015, 01/01/2018,01/31/2021
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