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 (1990), and 40 C.F.R. Part 763, Subparts E (1987) and G (2000), and the occupational safety and health administration, 29 C.F.R. Part 1926.1101 (2000).

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

Cite as Ohio Admin. Code 3701-34-09

Effective: 11/13/2014
Five Year Review (FYR) Dates: 08/29/2014 and 08/15/2019
Promulgated Under: 119.03
Statutory Authority: 3710.02
Rule Amplifies: 3710.05
Prior Effective Dates: 2/1/1994, 9/19/04