3701-34-02 Prohibitions.

(A) No asbestos hazard abatement contractor 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 except if, in an emergency, the director waives the licensure requirement 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.

(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 except if, in an emergency, the director waives the certification requirement 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.

(C) No person shall identify, detect, or assess 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 except if, in an emergency, the director waives the certification requirements 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.

(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 except if, in an emergency, the director waives the certification requirements 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. 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 except if, in an emergency, the director waives the certification requirements 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.

(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 except if, in an emergency, the director waives the certification requirements 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.

(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 except if, in an emergency the Director waives the certification requirements 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.

HISTORY: 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