Texas Register, Volume 23, Number 49, Part III, Pages 12311-12450, December 4, 1998 Page: 12,382
12311-12450 p. ; 28 cm.View a full description of this periodical.
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amount of non-friable asbestos exceeding 160 square feet of surface
area, or 260 linear feet of pipe length, or 35 cubic feet of material
to be removed from a public building shall require that the project
be designed by a licensed asbestos consultant. The exception to this
requirement is for floor tile removed in accordance with 295.36
of this title (relating to Licensing and Registration: Exemptions;
Emergency). In a commercial building, non-friable material does
not require a design but must be treated in accordance with 40 CFR
Part 61, Subpart M.
(h) (No change.)
295.37 Licensing and Registration: Conflict of Interests
(a) Independent third-party air monitoring. Third-party are
monitoring and project clearance monitoring for airborne concentra-
tions of asbestos fibers during an abatement project shall be performed
by a person under contract to the public building owner to collect
samples by and for the owner of the public building being abated.
Such persons must not be employed or subcontracted by the asbestos
abatement contractor hired to conduct the asbestos abatement project,
except that:
(1)-(3) (No change.)
(b) Licensee conflict of interest. Any person licensed
according to these sections to perform asbestos inspections or surveys,
write management plans, or design asbestos abatement projects shall
not also engage in the removal of asbestos from those buildings,
except for subsection (c) of this section. It is a conflict of interest
for an individual instructor to train himself/herself in order to qualify
for a license, or for an individual to give himself/herself a physical
in order to qualify for a license.
(c) Municipalities exemption. Municipalities are exempt
from the conflict of interest requirement only for the purpose of
retaining a licensed person who may perform asbestos inspections
and surveys, write management plans, design abatement projects and
abate asbestos from the same building or facility. This exemption
does not include air monitoring or abatement project clearance
procedures which includes performing visual inspection and air
samples for clearance in accordance with 295.58(iX3) of this
title (relating to Operation: General Requirements) which shall be
performed by an independent third party who is not an employee of
the municipality.
295.38. Licensing and Registration: Applications and Renewals.
(a) General requirements. Applications for a license or
worker registration under these sections must be made on forms
provided by the Texas Department of Health (department), shall
be signed by the applicant, and must be accompanied by a check
or money order for the amount of the license or renewal fee.
Only applications which are complete shall be considered by the
department; the burden of proof for all requirements for licensure
rests with the applicant
(b)-(d) (No change.)
(e) Processing applications and renewals.
(1) (No change.)
(2) Reimbursement of fees. Initial application or renewal
fees will be refunded only when the department does not process a
completed application in the time period specified in paragraph (eX1)
of this section, or when fee amounts are in excess of the correct fee
amount or there is a double payment. Otherwise, fees for applications
and renewals are not eligible for refund. A $30 administrative fee
may be deducted from refunds for double payments or excess fees.(A)-(B) (No change.)
(3)-(4) (No change.)
(f)-(j) (No change.)
295 40 Licensing And Registration: Insurance Requirements.
Parsons required to have insurance must obtain policies for required
coverage and in the amounts specified in these sections. Self-
insurance is allowed for governmental agencies and for persons who
meet the self-insurance requirements under the insurance laws of
Texas and receive approval from the Texas Department of Insurance or
Texas Workers' Compensation Commission. Proof of approval by the
appropriate authority as required for non-governmental persons must
be submitted with the application. Liability insurance shall include
pollution liability for asbestos exposure. Additional requirements are
as follows.
(1) (No change.)
(2) The certificate of insurance must be complete, includ-
ing all applicable coverages and endorsements, and must name the
Texas Department of Health, Toxic Substances Control Division, as a
certificate holder. Each required policy shall be endorsed to provide
the department with at least a ten day notice of cancellation.
(3)-(4) (No change.)
(5) Attempts to avoid proper payment of required work-
ers' compensation insurance by hiring temporary or leased employees
who are not properly covered or by paying employees in such a way
as to obscure the intent of an individual's employment will be con-
sidered a violation of these sections and the requirement to obtain
proper insurance
295. 4L Licensure: State Licensing Examination.
(a) General. The Texas Department of Health (department)
shall administer an examination to individuals seeking a license
and who have successfully completed the required training from a
training provider licensed or approved by the department A copy
of the training certificate shall be submitted with the application.
All individuals, except workers, seeking a license in a specific
category shall pass the examination for that category. For example,
an individual seeking a license as an asbestos inspector must pass
the department's inspector accreditation examination. Individuals
receiving their training from training providers outside of Texas must
complete the approved three-hour Texas law course prior to applying
for the accreditation exam.
(b) resting requirements. Beginning January 1, 1999, an
applicant for a license will be required to pass a state examination to
qualify for the original license. The application for the examination
and the required fee may be included with the initial license
application form or the applicant may register for the exam before
applying for the license. Examinations shall be based upon the
requirements for the license category for which an individual is
applying The examination will cover the topics included in the
training course for that license category. Out-of-state applicants must
take the test for their respective category following completion of the
required three-hour course in Texas law. Misconduct or dishonesty
during the examination, or an individual taking the examination other
than the individual scheduled, will constitute grounds for the issuance
of a failing grade and revocation or denial of a license,
(c)-(f) (No change.)
295. 42. Registration: Asbestos Abatement Workers
(a~-(d) (No change )23 TexReg 12382 December 4, 1998
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Texas. Secretary of State. Texas Register, Volume 23, Number 49, Part III, Pages 12311-12450, December 4, 1998, periodical, December 4, 1998; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth379980/m1/82/: accessed April 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.