Chapter 3701-34 Asbestos Hazard Abatement

3701-34-01 Definitions.

(A) "Approved training course" means an asbestos hazard abatement specialist training course, an asbestos hazard evaluation specialist training course, an asbestos hazard abatement worker training course, asbestos hazard abatement project designer training course, asbestos hazard abatement air-monitoring technician training course, or any renewal training course meeting the requirements of Chapter 3710.

of the Revised Code and approved by the director pursuant to rule 3701-34-07 of the Administrative Code.

(B) "Asbestos" means the asbestiform varieties of chrysotile or serpentine, amosite or cummingtonitegrunerite, crocidolite or riebeckite, actinolite, tremolite, and anthophylite.

(C) "Asbestos hazard abatement activity" means any activity involving the removal, renovation, enclosure, repair, or encapsulation of reasonably related friable asbestos-containing materials in an amount greater than fifty linear feet or fifty square feet. Asbestos hazard abatement activity also includes any such activity involving such asbestos-containing materials in an amount of fifty linear or fifty square feet or less if, when combined with any other reasonably related activity in terms of time and location of the activity, the total amount is in an amount greater than fifty linear or fifty square feet.

(D) "Asbestos hazard abatement air-monitoring technician" means the person who is responsible for environmental monitoring or work area clearance air-sampling, including air monitoring performed to determine completion of response actions under the rules set forth in 40 C.F.R. 763 Subpart E, adopted by the United States environmental protection agency pursuant to the "Asbestos Hazard Emergency Response Act of 1986", Pub. L. 99-519, 100 Stat. 2970. An industrial hygienist or industrial hygienist in training certified by the American board of industrial hygiene is exempt from certification as an asbestos hazard abatement air-monitoring technician.

(E) "Asbestos hazard abatement contractor" means a business entity or public entity that engages in or intends to engage in asbestos hazard abatement activities and that employs or supervises one or more asbestos hazard abatement specialists for asbestos hazard abatement activities. Asbestos hazard abatement contractor does not mean an employee of an asbestos hazard abatement contractor, a general contractor who subcontracts to an asbestos hazard abatement contractor an asbestos hazard abatement activity, or any individual who engages in asbestos hazard abatement activity in his own home. Asbestos hazard abatement contractor shall not mean a business entity which engages in asbestos hazard abatement activities solely at its own place of business provided that the business entity is required to and does comply with all applicable standards of the United States Environmental Protection Agency and the United States Occupational Safety and Health Administration, and provided further that persons employed by the business entity performing asbestos hazard abatement activity meet the requirements of this chapter.

(F) "Asbestos hazard abatement project" means one or more asbestos hazard abatement activities that are conducted by one asbestos hazard abatement contractor and that are reasonably related to each other.

(G) "Asbestos hazard abatement project designer" means the person responsible for the oversight of asbestos hazard abatement activities or determination of the work scope, work sequence, or performance standards for an asbestos hazard abatement activity, including preparation of specifications, plans, and contract documents.

(H) "Asbestos hazard abatement specialist" means a person with responsibility for the oversight or supervision of asbestos hazard abatement activities including asbestos hazard abatement project managers, hazard abatement project supervisors and foremen, and employees of school districts or other governmental or public entities who coordinate or directly supervise or oversee asbestos hazard abatement activities performed by school district, governmental, or other public employees in school district, governmental, or other public buildings.

(I) "Asbestos hazard abatement worker" means the person responsible in a nonsupervisory capacity for the performance of an asbestos hazard abatement activity.

(J) "Asbestos hazard evaluation specialist" means a person responsible for the identification, detection, and assessment of asbestos-containing materials, the determination of appropriate response actions, or the preparation of asbestos management plans for the purpose of protecting the public health from the hazards associated with exposure to asbestos, including the performance of air and bulk sampling. This category of specialists includes management planners, health professionals, industrial hygienists, private consultants, or other individuals involved in asbestos risk identification or assessment or regulatory activities.

(K) "Business entity" means a partnership, firm, association, corporation, sole proprietorship, or other business concern.

(L) "Certificate" means:

(1) A document issued by the department to an individual affirming that the individual successfully has completed the training and other requirements set forth in Chapter 3701-34 of the Administrative Code to qualify as an asbestos hazard abatement specialist or an asbestos hazard evaluation specialist, an asbestos hazard abatement worker, an asbestos hazard abatement project designer, an asbestos hazard abatement air-monitoring technician, or an approved asbestos hazard abatement training course provider; or

(2) A document issued by a training institution in accordance with rule 3701-34-07 of the Administrative Code affirming that an individual successfully has completed the instruction required in all licensing or certification categories as provided in sections 3710.07 and 3710.10 of the Revised Code and the rules of Chapter 3701-34 of the Administrative Code.

(M) "Clearance air-sampling means air-sampling performed after the completion of any asbestos hazard abatement activity and prior to the reoccupation of the contained work area by the public and conducted for the purpose of protecting the public from the health hazards associated with exposure to friable asbestos-containing material.

(N) "Contained work area" means designated rooms, spaces, or other areas where asbestos abatement activities are being performed, including decontamination structures. The contained work area is separated from the uncontaminated environment by polyethylene sheeting or other materials used in conjunction with the existing floors, ceilings, and walls of the structure.

(O) "Director" means the director of the Ohio department of health or his or her authorized representative.

(P) "Employee" means an individual who is employed by a business or public asbestos hazard abatement contractor.

(Q) "Encapsulate" means to coat, bind, or resurface walls, ceilings, pipes, or other structures to prevent friable asbestos from becoming airborne.

(R) "Enclosure" means the permanent confinement of friable asbestos-containing materials with an airtight barrier in an area not used or designed as an air plenum.

(S) "Environmental monitoring" means any air sampling other than clearance air sampling or employee exposure monitoring performed for the purpose of determining airborne asbestos concentrations.

(T) "Friable asbestos-containing material" means any material that contains more than one per cent asbestos by weight and that can be crumbled, pulverized, or reduced to powder, when dry, by hand pressure.

(U) "License" means a document issued by the director to a business entity or public entity affirming that the entity has met the requirements set forth in Chapter 3710.

of the Revised Code and rule 3701-34-04 of the Administrative Code to engage in asbestos hazard abatement activities as an asbestos hazard abatement contractor.

(V) "Oversight" means to directly observe an asbestos abatement project for the purpose of determining compliance with contractual, performance or regulatory standards affecting the safety of the asbestos abatement activity.

(W) "Person" means any individual, business entity, governmental body, or other public or private entity.

(X) "Public entity" means the state or any of its political subdivisions or any agency or instrumentality of either.

(Y) "Removal" means the stripping of friable asbestos containing materials from a wall, ceiling, pipe, boiler, duct, turbine, reactor, tank, furnace, load-supporting member, nonload-supporting member, or the taking out of any friable asbestos-containing material from any site.

(Z) "Visible emissions" means any emissions which are visually detectable without the aid of instruments and which contain particulate asbestos material.

Eff. 3-23-87 (Emer.); 7-20-87; 2-1-94; 9-19-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3710.02
Rule amplifies: RC 119., 3710.01 , 4745.
R.C. 119.032 review dates: 09/01/2009 and 09/01/2014

3701-34-02 Prohibitions.

(A) No business entity or public entity shall perform, directly or indirectly, any asbestos hazard abatement activity as defined in paragraph (C) of rule 3701-34-01 of the Administrative Code without a valid license from the director.

(B) No person shall coordinate, or supervise, an asbestos hazard abatement project unless he or she is certified as an asbestos hazard abatement specialist by the director pursuant to the requirements of Chapter 3710. of the Revised Code and the rules of this chapter .

(C) No person shall inspect, identify, detect, or assess asbestos containing materials or suspect asbestos-containing materials, determine appropriate response actions, or prepare asbestos management plans unless he or she is certified as an asbestos hazard evaluation specialist by the director in accordance with Chapter 3710. of the Revised Code and pursuant to the requirements of this chapter .

(D) No person shall determine the work scope, work sequence, or performance standards for an asbestos hazard abatement activity unless he or she is certified as an asbestos hazard abatement project designer by the director in accordance with Chapter 3710. of the Revised Code and pursuant to the requirements of this chapter . No person who is certified as an asbestos hazard abatement project designer shall be authorized or permitted to perform the services of a registered architect or professional engineer unless that person is registered under Chapter 4703. or 4733. of the Revised Code to perform such services.

(E) No person shall perform environmental monitoring or clearance air-sampling unless he or she is certified as an asbestos hazard abatement air-monitoring technician or an asbestos hazard evaluation specialist in accordance with Chapter 3710. of the Revised Code and pursuant to the requirements of this chapter, or is a certified industrial hygienist or an industrial hygienist in training .

(F) No person shall perform any asbestos hazard abatement activities unless he or she is certified as an asbestos hazard abatement worker or an asbestos hazard abatement specialist by the director in accordance with Chapter 3710. of the Revised Code and pursuant to the requirements of this chapter .

(G) No person shall perform oversight of any asbestos hazard abatement activity unless he or she is certified as an asbestos hazard abatement specialist or an asbestos hazard abatement project designer by the director in accordance with Chapter 3710. of the Revised Code and the requirements of this chapter .

(H) In the event of an emergency, the director may waive the certification requirements of this rule in accordance with division (C) of section 3710.06 of the Revised Code and paragraph (H) of rule 3701-34-03 of the Administrative Code.

R.C. 119.032 review dates: 08/29/2014 and 08/15/2019
Promulgated Under: 119.03
Statutory Authority: 3710.02
Rule Amplifies: 3710.04 , 3710.06
Prior Effective Dates: 3/23/1987 (Emer.), 7/20/87, 2/1/94, 9/19/04, 9/1/10

3701-34-03 General application procedures and provisions for contractors, specialists, designers, air monitors, and workers.

(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:

(1) Submit a completed application to the director, on forms prescribed and provided by the director, containing the information required under Chapter 3701-34 of the Administrative Code;

(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; and

(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) A request for a replacement of a license or certificate shall be in writing and 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) 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 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 department shall issue only one effective license or certificate from each category to any person, including any business or public entity and its 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:

(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:

(a) Chapter 3710. of the Revised Code or Chapter 3701-34 of the Administrative Code or the "National Emission Standard for Hazardous Air Pollutants" regulations of the United States environmental protection agency as the regulations pertain to asbestos ( 40 C.F.R. Part 61, Subpart M); or

(b) The regulations of the United States occupational safety administration pertaining to asbestos ( 29 C.F.R. section 1926.1101 ) for business entities or the "Asbestos Abatement Projects" regulations of the United States environmental protection agency ( 40 C.F.R. 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" ( 40 CFR Part 763 ).

(D) The department 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 Chapter 3701-34 of the Administrative Code. 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 Chapter 3701-34 of the Administrative Code.

(F) Each license or certificate issued under Chapter 3701-34 of the Administrative Code 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 or certificate 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 activity under emergency conditions shall notify the director within three days after performance thereof.

(I) The director, without notice or hearing, may issue an order requiring any action necessary to meet a public health emergency involving asbestos. For purposes of this paragraph, "Public Health Emergency" means any visible emission of asbestos-containing materials during the course of an abatement activity. Public 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; and

(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.

Effective: 09/01/2010
R.C. 119.032 review dates: 05/04/2010 and 09/01/2014
Promulgated Under: 119.03
Statutory Authority: 3710.02
Rule Amplifies: 3710.05
Prior Effective Dates: 11/4/85, 10/6/86, 3/23/1987, 7/20/87, 12/7/90, 2/1/94, 9/19/04

3701-34-04 Contractor application requirements, criteria, and standards of conduct.

(A) To apply for an asbestos hazard abatement contractor's license, a person shall submit a completed application to the director in accordance with rule 3701-34-03 of the Administrative Code. The application for an asbestos hazard abatement contractor's license shall include:

(1) Entity name and address;

(2) Name of chief executive officer;

(3) Number of employees;

(4) Number and names of certified asbestos hazard abatement specialists employed;

(5) A list of all other state asbestos licenses and certificates held presently or in the past;

(6) Description of any incomplete asbestos abatement projects, penalties, citations, administrative orders or actions, or any lawsuits pertaining to asbestos abatement filed against the contractor and how they were resolved;

(7) A description of the protective clothing and respirators that the contractor will use to comply with requirements of the United States occupational safety and health administration ( 29 C.F.R. section 1926.1101 ) for business entities or the "Asbestos Abatement Projects" regulations of the United States environmental protection agency ( 40 C.F.R. Part 763, Subpart G) for public entities;

(8) A description of procedures for the selection, utilization, handling, removal, and disposal of clothing to prevent contamination or recontamination of the environment and to protect the public from the health hazards associated with exposure to asbestos;

(9) The name and address of each asbestos disposal site that may be used during the year;

(10) A description of site decontamination procedures that will be used;

(11) A description of asbestos hazard abatement procedures that will be used;

(12) A description of the procedures that will be used for handling waste-containing asbestos;

(13) A description of the air monitoring procedures that will be used to prevent contamination or recontamination of the environment and to protect the public from the health hazards of exposure to asbestos;

(14) A description of the final cleanup procedures that will be used;

(15) A list of all partners, owners, and officers of the business entity and their social security numbers;

(16) The federal tax identification number of the business entity or the public entity; and

(17) Information regarding any officer or employee of the applicant that has ever been convicted of a felony under any state or federal law designated to protect the environment.

(B) To qualify for an asbestos hazard abatement contractor's license, a business entity or public entity shall meet the following criteria:

(1) Each employee or agent of the business entity or public entity applying for a license who will come in contact with asbestos or who will be responsible for an asbestos hazard abatement project shall:

(a) Be familiar with all applicable state and federal standards for asbestos hazard abatement projects;

(b) Have successfully completed the course of instruction on asbestos hazard abatement activities, for their particular certification, approved by the director pursuant to section 3710.10 of the Revised Code and rule 3701-34-07 of the Administrative Code and passed an examination approved by the director; and

(c) Demonstrate to the director that he or she is capable of complying with all applicable standards of this state, the United States environmental protection agency, 40 C.F.R. Part 61 Subpart M, and the United States occupational safety and health administration, 29 C.F.R. section 1926.1101 for business entities or the United States environmental protection agency, 40 C.F.R. Part 763, Subpart G for public entities.

(2) A person applying for an asbestos hazard abatement contractor's license, in addition to the other requirements of Chapter 3710. of the Revised Code and Chapter 3701-34 of the Administrative Code, shall provide for each asbestos abatement project at least one asbestos hazard abatement specialist, certified pursuant to rule 3701-34-05 of the Administrative Code,to be on-site at all times to directly supervise the asbestos abatement activities. A person providing only project oversight, and not direct on-site supervision, does not satisfy the requirement that an asbestos hazard abatement specialist directly supervise asbestos abatement activities. A person applying for an asbestos hazard abatement contractor's license shall demonstrate to the satisfaction of the director that it:

(a) Has access to at least one asbestos disposal site approved by the Ohio environmental protection agency that is sufficient for the deposit of all asbestos waste that will be generated during the term of the license;

(b) Is sufficiently qualified to remove asbestos safely as demonstrated by:

(i) Reliability as an asbestos hazard abatement contractor;

(ii) Work practices that prevent the contamination or recontamination of the environment and protect the public health from the hazards of exposure to asbestos;

(iii) Evidence at each project site of certification of each individual employee or agent who will be responsible for others who may come in contact with friable asbestos-containing materials;

(iv) Evidence of training of workers required by paragraph (B)(1)(b) of this rule; and

(v) Prior successful experience in asbestos hazard abatement projects, or by equivalent qualifications as determined by the director.

(c) Possesses a worker protection program consistent with the requirements of the United States occupational safety and health administration, 29 C.F.R. Section 1926.1101 for business entities or of the United States environmental protection agency, 40 C.F.R. Part 763, Subpart G for public entities.

(d) Is registered with the secretary of the state as doing business in Ohio.

(3) No applicant for licensure as an asbestos hazard abatement contractor, in order to meet the requirements of this chapter, shall list an employee of another contractor.

(C) An asbestos hazard abatement contractor engaging in any asbestos hazard abatement project shall:

(1) Conduct each project in compliance with the decontamination procedures, project containment procedures, and asbestos fiber containment methods established by regulations of the United States environmental protection agency, 40 C.F.R. Part 61, Subpart M, and the occupational safety and health administration, 29 C.F.R. Section 1926.1101 for business entities, or by regulations of the United States environmental protection agency, 40 C.F.R. Part 763, Subpart G for public entities;

(2) Accurately, truthfully and competently perform and complete asbestos hazard abatement projects, reports, inspections and any other work performed as an asbestos abatement contractor;

(3) Notify the director at least ten business days before beginning each asbestos hazard abatement project conducted during the term of his license. Prior notification of asbestos abatement projects shall be made on a form prescribed by the director, shall be accompanied by a fee of sixty-five dollars for each project, and shall contain the following information:

(a) Owner of entity's name and address;

(b) Location and street address of abatement project;

(c) Type of abatement and description of abatement project;

(d) Estimate of asbestos-containing material to be removed and type of asbestos material;

(e) Scheduled set-up, abatement and completion dates, hours of operation and days of the week;

(f) Name and certification number of asbestos hazard abatement specialist in charge of project; and

(g) Names and addresses of disposal sites approved by the Ohio environmental protection agency or the United States environmental protection agency.

In the event that there is an emergency as defined in paragraph (H) of rule 3701-34-03 of the Administrative Code, the asbestos hazard abatement contractor shall notify the director before the project begins. If it is not possible to notify the director before the project begins, then the asbestos hazard abatement contractor shall notify the director as soon as possible, but no later than three business days after commencing the emergency asbestos hazard abatement activity.

(4) Notify the director, in writing, on a form prescribed by the director, of any change in an asbestos hazard abatement project notification that would render the information in the notification no longer accurate;

(5) Afford the director the opportunity to conduct on-site inspections at any location where an asbestos hazard abatement activity is planned, in progress, or has been completed, at any location where a public health emergency may occur, is occurring, or has occurred, or to evaluate the performance or compliance of any person subject to this rule;

(6) Maintain records of all asbestos hazard abatement projects performed, and make these records available to the director upon request. These records shall be maintained for at least thirty years and at minimum, shall include all of the following:

(a) The name, social security number, and address of the person who supervised the asbestos hazard abatement project;

(b) The names and social security numbers of all workers at the job site;

(c) The location and description of the asbestos hazard abatement project and the amount of asbestos-containing material that was removed;

(d) The starting and completion dates of each asbestos hazard abatement project;

(e) A summary of the procedures that were used to comply with all applicable federal, state, and local standards; and

(f) The name and address of each asbestos disposal site where the waste containing asbestos was deposited.

(7) Shall operate in strict accordance with its approved license, particularly those portions of the application pertaining to work practices and employee protection practices

(8) Notify the director, in writing, five business days prior to making any change which would render the information contained in the application for licensure no longer accurate; and

(9) Maintain proof of valid asbestos hazard abatement project agreement, as required in rule 3701-34-11 of the Administrative Code, at all times while at the project site.

Effective: 09/01/2010
R.C. 119.032 review dates: 05/04/2010 and 09/01/2014
Promulgated Under: 119.03
Statutory Authority: 3710.02
Rule Amplifies: 3710.04 , 3710.05 , 3710.051 , 3710.07 , 3710.08 , 3710.09
Prior Effective Dates: 03/23/1987, 7/20/87, 02/01/94, 9/19/04

3701-34-05 Asbestos hazard abatement specialist application content, qualifications, standards of conduct.

(A) To apply for certification as an asbestos hazard abatement specialist, a person shall submit an application in accordance with rule 3701-34-03 of the Administrative Code. The application for certification as an asbestos hazard abatement specialist shall include:

(1) Name, social security number, date of birth, and mailing address of applicant;

(2) Employer name and mailing address;

(3) Business and home telephone numbers;

(4) Name and location of asbestos training courses with attached copies of certificates;

(5) Information regarding any felony convictions under any state or federal law designated to protect the environment; and

(6) List of any asbestos licenses or certifications the applicant holds or has held in any other state.

(B) To become certified and to maintain certification under this rule, an asbestos hazard abatement specialist shall provide documentation that he or she meets the following criteria:

(1) Submittal of a completed application on a form prescribed by the director;

(2) Payment of the fee required by rule 3701-34-03 of the Administrative Code;

(3) Satisfactory completion of a training course in the removal and abatement of asbestos hazards, approved by the director pursuant to rule 3701-34-07 of the Administrative Code;

(4) A passing score of at least seventy per cent on an approved examination; and

(5) For renewal of certification, satisfactory completion of an annual refresher training course approved by the director pursuant to section 3710.10 of the Revised Code and rule 3701-34-07 of the Administrative Code.

(C) Unless that person is not supervising and providing oversight only, asbestos hazard abatement specialist engaging in any asbestos hazard abatement project shall, during the course of the project:

(1) Conduct each project in compliance with the decontamination procedures, project containment procedures, and asbestos fiber containment methods established by regulations of the United States environmental protection agency, 40 C.F.R. Part 61, Subpart M, and the United States occupational safety and health administration, 29 C.F.R. section 1926.1101 for business entities, or the United States environmental protection agency, 40 C.F.R. Part 763, Subpart G for public entities;

(2) Ensure that workers handle and dispose of asbestos-containing materials and disposable clothing in a manner that will prevent contamination or recontamination of the environment and the public;

(3) Ensure that workers properly utilize protective clothing and respiratory equipment and comply with the applicable health and safety standards set forth in division (A) of section 3710.08 of the Revised Code and Chapter 3701-04 of the Administrative Code;

(4) Ensure that there is no smoking, eating, or drinking in the contained work area;

(5) Accurately, truthfully and competently perform and complete asbestos hazard abatement activities, reports, records, and any other professional work performed by the asbestos hazard abatement specialist in that capacity;

(6) Upon the request of the director, make available all reports, records and any other professional work;

(7) Notify the director, in writing, within five business days of making any change which would render the information in the application for certification no longer accurate; and

(8) Maintain proof of valid certification, respirator fit test, and physician's written opinion at all times while at a project site.

Eff. 3-23-87 (Emer.); 7-20-87; 2-1-94; 9-19-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3710.02
Rule amplifies: RC 119, 3710.11 , 4745
R.C. 119.032 review dates: 09/01/2009 and 09/01/2014

3701-34-06 Asbestos hazard evaluation specialist application content, qualifications, standards of conduct.

(A) To apply for certification as an asbestos hazard evaluation specialist, a person shall submit an application in accordance with rule 3701-34-03 of the Administrative Code. The application for certification as a hazard evaluation specialist shall include:

(1) Name, social security number, date of birth and mailing address of applicant;

(2) Employer's name and mailing address;

(3) Business and home telephone number;

(4) Name and location of asbestos training courses with attached copies of certificates;

(5) Information regarding any felony convictions under any state or federal law designated to protect the environment; and

(6) List of any asbestos licenses or certificates the applicant holds or has held in any other state.

(B) To become certified and to maintain certification under this rule, an asbestos hazard evaluation specialist shall meet the following criteria:

(1) Submittal of a completed application on a form prescribed by the director;

(2) Payment of the fee required by rule 3701-34-03 of the Administrative Code;

(3) Provide documentation, upon application for certification, of satisfactory completion of a training course for asbestos hazard evaluation specialists approved by the director pursuant to rule 3701-34-07 of the Administrative Code and of receiving a passing score of at least seventy per cent on an approved examination; and

(4) For renewal of certification, satisfactory completion of an annual refresher training course approved by the director pursuant to section 3710.10 of the Revised Code and rule 3701-34-07 of the Administrative Code.

(C) An asbestos hazard evaluation specialist engaged in assessing the health risks associated with the presence of asbestos-containing materials or engaged in monitoring, sampling, or other asbestos hazard abatement activities shall:

(1) Perform all assessments, sampling and monitoring of asbestos-containing materials so as not to create a public health emergency as defined in paragraph (I) of rule 3701-34-03 of the Administrative Code;

(2) Perform air-monitoring in compliance with all applicable federal, state and local regulations and state-of-the-art asbestos air sampling methodologies;

(3) Perform a final inspection of any contained work area to ensure all asbestos debris has been adequately cleaned up prior to the performance of clearance air sampling;

(4) Accurately, truthfully and competently perform and complete asbestos hazard evaluations, reports, records, inspections and any other professional work performed by the asbestos hazard evaluation specialist in that capacity;

(5) Notify the director, in writing, within five business days of making any change which would render the information in the application for certification no longer accurate;

(6) Maintain proof of valid certification at all times while at a project site;

(7) Upon the request of the director, make available all reports, records, and any other professional work;

(8) Perform all identification, detection, and assessment of asbestos-containing materials, determination of response actions, or preparation of asbestos management plans in compliance with all applicable standards of this state, the United States environmental protection agency, and the United States occupational safety and health administration ;

(9) Collect all bulk samples for asbestos in accordance with the regulations adopted by the United States environmental protection agency pursuant to Title II of the "Federal Toxic Substances Control Act" found in 40 CFR Part 763.86 , regardless of site or location with the exception of samples taken by employees or agents of federal, state, or local government for the purpose of determining compliance with applicable statutes or regulations; and

(10) Prepare a report for each site where bulk samples are collected. The report shall contain the following information:

(a) Date of inspection;

(b) Address of the site;

(c) Name, address and phone number of the site owner, client, or customer;

(d) Name, signature and asbestos hazard evaluation specialist number of the person writing the report;

(e) A blueprint, diagram, or written description that identifies clearly each location, type of material, and approximate square or linear footage of homogeneous areas where material was confirmed to be asbestos containing material (ACM), the exact location where each bulk sample was collected, date of collection, and homogeneous areas and footages where friable or nonfriable suspected ACM is assumed to be ACM.

(f) A description of the manner used to determine sampling locations, and the name, signature and asbestos hazard evaluation specialist number of each person collecting samples; and

(g) A copy of the bulk sample analysis report, the name and address of any laboratory that analyzed the bulk samples, the date of analysis, and the name and signature of the person performing the analysis.

Effective: 09/01/2010
R.C. 119.032 review dates: 05/04/2010 and 09/01/2014
Promulgated Under: 119.03
Statutory Authority: 3710.02
Rule Amplifies: 3710.03 , 3710.05 , 3710.08
Prior Effective Dates: 3/23/1987, 7/20/87, 2/1/94, 9/19/04

3701-34-07 Application, criteria, and standards for approval of asbestos hazard abatement training courses.

(A) The director shall acknowledge receipt of an application for approval of any training course within ten working days of its receipt. The director shall review the application and shall determine whether or not it will be granted contingent approval as meeting the criteria of section 3710.10 of the Revised Code and the requirements of this rule within ninety days after the application is deemed complete. Upon being granted contingent approval, the director shall issue a document to the applicant affirming that the asbestos hazard abatement training course substantially satisfies or will substantially satisfy the criteria of section 3710.10 of the Revised Code and the requirements of this rule. The director shall grant final approval of a course only after an on-site audit by the director which reveals that the course substantially satisfies the criteria in this rule. Course approvals expire one year from the date of contingent or final approval. Subject to Chapter 119. of the Revised Code, the director may deny or revoke contingent or final approval of a training course if the director determines the course:

(1) Misrepresents the extent of its approval by the director or the United States environmental protection agency;

(2) Fails to submit required information or notifications in a timely manner;

(3) Fails to maintain required records;

(4) Falsifies accreditation records, instructor qualifications, or other accreditation information; or

(5) Is violating or threatening to violate any provision of:

(a) Chapter 3710. of the Revised Code or Chapter 3701-34 of the Administrative Code; or

(b) The United States environmental protection agency " Model Accreditation Plan", 40 C.F.R. 763, subpart E, appendix C.

(B) Any person may apply to the director for approval of a course by submitting a written application to the director and paying a non-refundable fee of nine hundred dollars for an initial course and three hundred dollars for a refresher course. To be approved for this purpose, a training course shall meet the following criteria, in addition to the applicable requirements of paragraph (D) of this rule:

(1) Instruction is provided by persons approved by the director. The applicant shall submit the following information for each person to be approved as an instructor:

(a) A completed training course instructor application on a form prescribed by the director;

(b) A certificate of successful completion of a United States environmental protection agency or state approved initial course specific to the discipline for which the person intends to teach; and

(c) A written verification of a minimum of six months of educational or occupational experience related to the discipline of the course which the person is intending to teach.

(2) Any person sponsoring an initial or refresher training course shall include a closed-book examination at the conclusion of each course. In addition to examination requirements found in the United States environmental protection agency "Model Accreditation Plan" 40 C.F.R. 763, subpart E, appendix C, each examination shall:

(a) Adequately cover the topics included in the training course for the appropriate discipline;

(b) Require a passing score of at least seventy per cent;

(c) Consist of at least the following number of multiple choice questions for each respective discipline:

(i) Fifty for a refresher asbestos hazard abatement specialist;

(ii) Fifty for a refresher asbestos hazard evaluation specialist;

(iii) Fifty for a refresher asbestos hazard abatement worker; and

(iv) Fifty for a refresher asbestos hazard project designer.

(d) Be administered in a manner that ensures the following:

(i) No contents are revealed to any student prior to the examination;

(ii) The security of any written examination materials is ensured;

(iii) All students who pass the examination do so on their own merits;

(iv) No written material other than the examination materials can be viewed by any student during the examination; and

(v) A proctor is present for the duration of the examination.

(e) Permit a student to retake the final written examination after having failed to achieve a passing score. The reexamination may be taken two times, allowing a student a total of three opportunities to pass the required examination. A student shall retake any asbestos training course examination within a two week period following the completion of the initial or refresher asbestos training course. Failure of the student to pass the third attempt shall require the student to retake the entire appropriate asbestos training course.

(3) Any person sponsoring a refresher training course shall verify, by examining each student's previous certificate, that each student possesses a valid accreditation before granting admission to the refresher course and that the student's previous initial or refresher course is for the same discipline as the refresher course. Valid accreditation means that the student's most recent accreditation has not been expired for a period of more than twelve months from the expiration date.

(4) Records shall be maintained for twenty years of persons who have attended or completed the course and of their attendance and completion dates, which information shall be provided to the director upon request. Records shall include the following information:

(a) Name, certificate number, certificate discipline, exam score of student and a current, original, and clear, color photograph of the student for the purpose of providing proper identification;

(b) Dates of course attendance and course location; and

(c) A copy of the administered exam, the date upon which the exam was administered and the name of the person who proctored the exam.

(5) Issuance of a certificate to each student who satisfactorily completes the course and examination. The certificate shall contain the following information:

(a) Name of student;

(b) Certificate number;

(c) Course name, dates attended, and course expiration date;

(d) Name address, and phone number of approved training provider;

(e) Signature of the approved training provider;

(f) Date of the exam;

(g) A statement that the person receiving the certificate has completed the requisite training for asbestos accreditation under TSCA title II; and

(h) A current, color, original, and clear, passport type photograph of the student for the purpose of providing proper identification;

(C) Any person sponsoring an initial or refresher training course shall annually complete and submit to the director an application on the form prescribed by the director. An application shall be accompanied by the appropriate fee set forth in paragraph (B) of this rule.

(D) No person other than the department of health shall conduct or offer to conduct any initial or refresher training course or examination required by this chapter unless that person is approved by the director to sponsor the courses and examinations. In conducting any such course or examination, the department and the approved training provider shall administer the course and examinations according to the United States environmental protection agency "Model Accreditation Plan," 40 C.F.R. 763, Subpart E, appendix C, and Chapter 3701-34 of the Administrative Code.

(E) An asbestos hazard abatement specialist course shall, at a minimum, provide curriculum topics, hours of instruction and an examination in accordance with the requirements for the discipline of "asbestos abatement contractors and supervisors" found in the United States environmental protection agency "Model Accreditation Plan," 40 C.F.R. 763, Subpart E, appendix C.

(F) An asbestos hazard evaluation specialist course shall, at a minimum, provide curriculum topics, hours of instruction and an examination in accordance with the requirements for the disciplines of "inspectors" and "management planners" found in the United States environmental protection agency "Model Accreditation Plan," 40 C.F.R. 763, Subpart E, Appendix C.

(G) An asbestos hazard abatement worker course shall, at a minimum, provide curriculum topics, hours of instruction and an examination in accordance with the requirements for the discipline of "asbestos abatement workers" found in the United States environmental protection agency "Model Accreditation Plan," 40 C.F.R. 763, subpart E, Appendix C.

(H) An asbestos hazard abatement project designer course shall, at a minimum, provide curriculum topics, hours of instruction and an examination in accordance with the requirements for the discipline of "abatement project designers" found in the United States environmental protection agency "Model Accreditation Plan," 40 C.F.R. 763, Subpart E, Appendix C.

(I) An asbestos hazard abatement air-monitoring technician course shall provide a combined total of at least fifteen clock hours of instruction including at least two hours of hands-on training and an examination comprised of fifty multiple choice questions, both of which adequately addresses each of the following topics:

(1) The physical characteristics of asbestos and asbestos-containing materials;

(2) Potential health effects related to asbestos-exposure;

(3) Medical monitoring;

(4) Employee personal protective equipment and personal hygiene;

(5) Relevant federal, state and local regulations and state-of-the-art sampling methodologies;

(6) Record keeping and chain of custody;

(7) Writing and reading clearance air sampling specifications;

(8) Visual clearance inspections;

(9) Laboratory procedures and equipment;

(10) Calibrators and sampling equipment;

(11) Calibration and set up of sampling equipment;

(12) Problems encountered in the field; and

(13) Course review.

(J) After an applicant receives notice from the director that its application for approval of an asbestos training course has been granted, to maintain approval status, the applicant shall:

(1) Conduct its approved training course in strict accordance with its approved application;

(2) Notify the director, in writing, prior to conducting any approved training course, of any change in course materials, instructors, or any other aspect of the training program that would render the information contained in the application for approval no longer accurate;

(3) Notify the director, in writing, at least two weeks prior to the curtailment or discontinuance of the approved training course of its plans for disposition of records. Upon notification, the director may take possession of the approved training provider's records;

(4) Provide any additional information to the director upon request;

(5) Permit access to records by the director upon request;

(6) Notify the director, in writing, on a form prescribed by the director at least ten business days prior to the start of any approved training course;

(7) Notify the director, in writing, on a form prescribed by the director, of any change in a training course notification that would render the information in the notification no longer accurate; and

(8) Afford the director the opportunity to conduct an on-site audit of the training course anytime during an actual course conducted in the state.

Effective: 09/01/2010
R.C. 119.032 review dates: 05/04/2010 and 09/01/2014
Promulgated Under: 119.03
Statutory Authority: 3710.02
Rule Amplifies: 3710.10
Prior Effective Dates: 3/23/1987, 7/20/87, 2/1/94, 9/19/04

3701-34-08 Asbestos hazard abatement worker application contents, qualifications, standards of conduct.

(A) To apply for certification as an asbestos hazard abatement worker, a person shall submit an application in accordance with rule 3701-34-03 of the Administrative Code. The application for an asbestos hazard abatement worker certificate shall include:

(1) Name, social security number, date of birth and mailing address of applicant;

(2) Employer's name and mailing address;

(3) Business and home telephone numbers;

(4) Name and location of asbestos training courses with attached copies of certificates;

(5) List of any asbestos licenses or certifications the applicant holds or has held in any other state; and

(6) Information regarding any felony convictions under any state or federal law designated to protect the environment.

(B) To become certified and to maintain certification under this rule, an asbestos hazard abatement worker shall meet the following criteria:

(1) Submittal of a completed application on a form prescribed by the director;

(2) Payment of the fee required by rule 3701-34-03 of the Administrative Code;

(3) Satisfactory completion of a training course in the abatement of asbestos hazards, approved by the director pursuant to rule 3701-34-07 of the Administrative Code;

(4) A passing score of at least seventy per cent on an approved examination; and

(5) For renewal of certification, satisfactory completion of an annual renewal training course approved by the director pursuant to section 3710. of the Revised Code and rule 3701-34-07 of the Administrative Code.

(C) An asbestos hazard abatement worker engaging in any asbestos hazard abatement project shall, during the course of the project:

(1) Perform each asbestos hazard abatement activity in compliance with the applicable procedures and methods established by regulations of the United States environmental protection agency, 40 C.F.R. Part 61, Subpart M, and 40 C.F.R. Part 763, Subpart G and the United States occupational safety and health administration, 29 C.F.R. 1926.1101 ;

(2) Accurately, truthfully and competently perform and complete any asbestos hazard abatement activities and any other work performed by the asbestos hazard abatement worker in that capacity;

(3) Maintain proof of valid certification, respirator fit test, and physician's written opinion at all times at each project site;

(4) Notify the director, in writing, within five business days of making any change which would render the information in the application for certification no longer accurate; and

(5) Properly utilize protective clothing and protection equipment as described by the United States environmental protection agency in subpart (G) of 40 C.F.R. 763, and the United States occupational safety and health administration in 29 C.F.R. 1926.1101 .

Effective: 09/01/2010
R.C. 119.032 review dates: 05/04/2010 and 09/01/2014
Promulgated Under: 119.03
Statutory Authority: 3710.02
Rule Amplifies: 3710.05 , 3710.08
Prior Effective Dates: 2/1/1994, 9/19/04

3701-34-09 Asbestos hazard abatement project designer application content, qualifications, standards of conduct.

(A) To apply for an asbestos hazard abatement project designer certificate, a person shall submit an application in accordance with rule 3701-34-03 of the Administrative Code. The application for an asbestos hazard abatement project designer certificate shall include:

(1) Name, social security number, date of birth and mailing address of applicant;

(2) Employer's name and mailing address;

(3) Business and home telephone number;

(4) Name and location of asbestos training courses with attached copies of certificates;

(5) List of any asbestos licenses or certificates the applicant holds or has held in any other state; and

(6) Information regarding any felony convictions under any state or federal law designated to protect the environment.

(B) To become certified and to maintain a certificate under this rule, an asbestos hazard abatement project designer shall meet the following criteria:

(1) Submittal of a completed application on a form prescribed by the director;

(2) Payment of the fee required by rule 3701-34-03 of the Administrative Code;

(3) Provide documentation of satisfactory completion of a training course for asbestos hazard abatement project designers approved by the director pursuant to rule 3701-34-07 of the Administrative Code and of receiving a passing score of at least seventy per cent on an approved examination; and

(4) For renewal of certification, satisfactory completion of an annual refresher training course approved by the director pursuant to section 3710.10 of the Revised Code and rule 3701-34-07 of the Administrative Code.

(C) An asbestos hazard abatement project designer engaged in the design of asbestos hazard abatement projects shall:

(1) Design each project in compliance with all procedures and methods established by regulations of the United States environmental protection agency, 40 C.F.R. Part 61, Subpart M, and 40 C.F.R. Part 763, Subparts E and G, and the occupational safety and health administration, 29 C.F.R. Part 1926.1101 .

(2) Design each project in writing using one or more of the following methods:

(a) Descriptive, defining the properties of materials and methods to be used;

(b) Performance, specifying the required results;

(c) Reference standard, requiring a process to be in accordance with established standard; or

(d) Proprietary, specifying an actual brand name and other proprietary information.

(3) In addition to any information required by this rule, provide the following information in each project design:

(a) Name and certification number of the project designer;

(b) Exact location of the project within the facility; and

(c) Quantities of asbestos containing materials to be abated.

(4) Accurately, truthfully, and competently prepare all asbestos abatement specifications, plans, contract documents, and any other professional work performed by the asbestos hazard abatement project designer in that capacity;

(5) Notify the director, in writing, within five business days of any change which would render the information in the application for certification no longer accurate; and

(6) Maintain proof of valid certification at all times while at a project site.

Eff. 3-23-87 (Emer); 7-20-87; 2-1-94; 9-19-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3710.02
Rule amplifies: RC 119, 3710.02 , 4745
R.C. 119.032 review dates: 09/01/2009 and 09/01/2014

3701-34-10 Asbestos hazard abatement air-monitoring technician application content, qualifications, standards of conduct.

(A) To apply for an asbestos hazard abatement air-monitoring technician certificate, a person shall submit an application in accordance with rule 3701-34-03 of the Administrative Code. The application for a certificate as an asbestos hazard abatement air-monitoring technician shall include:

(1) Name, social security number, date of birth and mailing address of applicant;

(2) Employer's name and mailing address;

(3) Business and home telephone numbers;

(4) Name and location of asbestos training courses with attached copies of certificates;

(5) List of any asbestos licenses or certificates the applicant holds or has held in any other state; and

(6) Information regarding any felony convictions under any state or federal law designated to protect the environment.

(B) To become certified and maintain certification under this rule, an asbestos hazard abatement air-monitoring technician shall meet the following criteria:

(1) Submittal of a completed application on a form prescribed by the director;

(2) Payment of the fee required by rule 3701-34-03 of the Administrative Code; and

(3) Satisfactory completion of one of the following:

(a) An asbestos hazard abatement air-monitoring technician training course approved by the director pursuant to rule 3701-34-07 of the Administrative Code;

(b) Any training course approved by the director pursuant to rule 3701-34-07 of the Administrative Code and the"National Institute of Occupational Safety and Health" course number 582; or

(c) Any training course approved by the director pursuant to rule 3701-34-07 of the Administrative Code and the"National Institute of Occupational Safety and Health" course 582 equivalent course as approved by the director.

(C) An asbestos hazard abatement air-monitoring technician engaging in asbestos air monitoring for the purpose of protecting the public from the health hazards associated with exposure to asbestos shall:

(1) Conduct air-monitoring in compliance with all applicable federal, state and local regulations and state-of-the-art asbestos air sampling methodologies;

(2) Conduct a final inspection of any contained work area to ensure all asbestos debris has been adequately cleaned up prior to the performance of clearance air sampling;

(3) Accurately, truthfully and competently perform and complete asbestos air-monitoring activities, reports, records and any other professional work performed by the asbestos hazard abatement air-monitoring technician in that capacity;

(4) Notify the director, in writing, within five business days of making any change which would render the information in the application for certification no longer accurate; and

(5) Maintain proof of valid certification, at all times while at a project site.

Effective: 09/01/2010
R.C. 119.032 review dates: 05/04/2010 and 09/01/2014
Promulgated Under: 119.03
Statutory Authority: 3710.02
Rule Amplifies: 3710.05
Prior Effective Dates: 2/1/1994, 9/19/04

3701-34-11 Asbestos hazard abatement project agreement.

(A) No person shall enter into an agreement to perform any aspect of an asbestos hazard abatement project unless the agreement is in writing and contains all of the following:

(1) A requirement that all persons working on the project are licensed or certified by the department;

(2) A requirement that all project clearance levels and sampling be in accordance with the following:

(a) All clearance air-sampling to be analyzed by phase contrast microscopy (PCM) shall be conducted in accordance with the National Institute of Occupational Safety and Health (NIOSH) method 7400 entitled "Fibers" published in the NIOSH manual of analytical methods, 3rd edition, second supplement, August 1987. A minimum of three samples shall be taken and show that the concentration of fibers for each sample is less than or equal to a limit of quantitation for PCM ( 0.01 fibers per cubic centimeter of air); and

(b) All clearance air-sampling to be analyzed by Transmission Electron Microscopy (TEM) shall be conducted in accordance with the regulations established by the United States environmental protection agency, 40 C.F.R. Part 763, Subpart E, Appendix A; and

(3) A requirement that all clearance air sampling be conducted by an asbestos hazard abatement air-monitoring technician, or asbestos hazard evaluation specialist certified by the department, or a certified industrial hygienist or industrial hygienist in training as certified by the American board of industrial hygiene.

(4) A detailed description of the project work scope, including the amount, indicated in linear or square feet, of asbestos-containing material to be abated, the exact location and type of that material, and whether or not a contained work site will be established as required by regulations of the United States occupational safety and health administration, 29 C.F.R. Part 1926.58 .

Eff 2-1-94
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 37810.02
Rule amplifies: RC 3710.02 , 3710.17
R.C. 119.032 review dates: 09/01/2009 and 09/01/2014