Current through Register Vol. 48, No. 12, March 22, 2024
a) The
Department shall prepare and maintain a list of licensed asbestos abatement
contractors. The list shall be made available upon request to all school boards
or building owners and shall be used to select an asbestos abatement
contractor. The contractor shall possess the qualifications detailed in
subsection (b).
b) In order to
qualify as a licensed asbestos abatement contractor, a company shall submit the
following information to the Department:
1) A
completed application provided by the Department accompanied by a $250
nonrefundable fee for the initial review.
2) A certificate documenting that the
contractor carries liability insurance from a company with at least an "A"
rating accorded by A.M. Best & Co., self insurance, group insurance, or
group self insurance in an amount of at least $1,000,000 (first dollar
coverage) for work performed pursuant to the Act and this Part. Each asbestos
abatement contractor shall maintain on file with the Department a current
certificate of financial responsibility throughout the entire length of time
the contractor's name appears on the Department's list of approved contractors.
An asbestos abatement contractor shall notify the Department of any change in
the status of the certificate that has been filed including expiration,
renewal, cancellation, or alteration of the terms by endorsement of the
certificate [225
ILCS 207/45 ]. The certificate documenting evidence of
insurance shall be the original and shall state that the insurance covers
asbestos abatement. The certificate shall be issued by an insurance company
that is authorized to do business in Illinois. The certificate shall be
submitted to the Department within 48 hours after the expiration date of the
certificate on file. If the Department does not receive the above mentioned
certificate documenting evidence of insurance, the asbestos abatement
contractor will be subject to suspension of his/her license until an acceptable
certificate is received.
3) A copy
of the designated supervisor's valid IDPH asbestos supervisor's
license.
4) Evidence that IDPH
licensed asbestos workers will be employed on all asbestos abatement projects
as required by Section
855.100.
5) A list of prior contracts for asbestos
abatement projects, including dates and the names, addresses, and telephone
numbers of building owners for whom the projects were performed. A contractor
shall have a minimum of one year of experience in asbestos abatement
contracting. An applicant is also eligible to qualify for a license if employer
references demonstrate a minimum of one year of experience in asbestos
abatement project supervision, or shall employ a supervisor with a minimum of
one year of experience in asbestos abatement project supervision. Evidence of
experience must accompany the application.
6) Evidence of air monitoring data taken
during and after completion of previous asbestos abatement projects in
accordance with
29 CFR
1910.1001(d). This evidence
shall include clearance air monitoring results from 10 different contracted
asbestos abatement projects. Evidence of air monitoring data must have the name
of the company that analyzed the final air monitoring results. All final
results shall be below .01 fibers/cubic centimeter (f/cc). If an applicant
employs a supervisor with a year of experience of asbestos removal supervision,
the air monitoring results shall be from projects that the licensed supervisor
has supervised.
7) A copy of the
written standard operating procedures and employee protection plans, including
specific reference to OSHA medical monitoring and respirator training programs
as required in
29 CFR
1910.1001.
8) A description of any asbestos abatement
projects which were prematurely terminated or not completed, including the
circumstances surrounding termination, or a signed statement that there were no
such projects.
9) A list of any
contractual penalties which the contractor has paid for breach or noncompliance
with contract specifications, such as overruns of completion time or liquidated
damages, or a signed statement that there were no such penalties.
10) Copies of any and all citations levied
against the contractor or any of his/her past or present employees or companies
by any federal, state or local government agency for violations related to
asbestos abatement, including names and locations of the projects, the date(s),
and a description of how the allegations were resolved, or a signed statement
that there were no such citations.
11) A description detailing all legal
proceedings, lawsuits or claims which have been filed or levied against the
contractor or any of his/her past or present employees or companies for
asbestos-related activities, or a signed statement that there was no such legal
action.
12) The contractor shall
identify whether it is a sole proprietorship, partnership or corporation and
identify its agent and mailing address for service of process by the
Department. Additionally, if applicable, the contractor shall provide the
following information to the Department:
A)
Partnerships:
i) If the contractor is a
partnership it shall identify the general and limited partners by name,
together with their addresses and percentage of ownership interest.
ii) If the contractor is a limited liability
partnership pursuant to the provisions of Section
8.1 of the Uniform
Partnership Act [805 ILCS 205/8.1 ], it
shall file annually with the Department a copy of the application, or renewal
application, required to be filed with the Illinois Secretary of
State.
B) Corporation:
If the contractor is a corporation, either foreign or domestic, it shall file
with the Department a copy of its articles of incorporation which shall include
all information required by Section 2.10 of the Business Corporation Act of
1983 [805 ILCS
5/2.10 ] and annually thereafter a copy of the annual
report which is required to be filed with the Illinois Secretary of State
pursuant to Section 14.05 of the Business Corporation Act of 1983
[805
ILCS 5/14.05 ].
c) All licenses shall expire on May 15 of
each year except licenses issued after January 15 shall expire one year after
the next May 15. The fee for the issuance of a duplicate license shall be
$15.
d) Successful applicants shall
be notified to submit to the Department an additional $500 fee for a license
and for inclusion on the list of IDPH licensed contractors.
e) Renewal of License. Any license issued
pursuant to this Part may be renewed if the licensee submits a completed
renewal application form provided by the Department and the $500 renewal fee. A
current original certificate documenting evidence of insurance shall be filed
with the Department before the license is issued. The designated supervisor
listed on the renewal application shall be a currently licensed IDPH
supervisor. If a renewal application is received after April 15, the applicant
shall pay a late fee of $100 in addition to the renewal fee of $500.
f) Reinstatement of License. An applicant
whose license has been expired for more than one year may apply to the
Department for reinstatement of the license. The Department shall reinstate the
license provided the applicant submits:
1) A
completed application form provided by the Department.
2) A current certificate of financial
responsibility meeting the requirements of subsection (b)(2).
3) A copy of the designated supervisor's
current IDPH supervisor license.
4)
The renewal fee of $500 plus a reinstatement fee of $500 for the first year and
$1,000 for more than two years and less than five years. If a contractor
license has been expired for more than five years, the contractor shall reapply
and follow the criteria of subsection (b).
g) Suspension or Revocation of License/Denial
of Application. The Department shall provide written notice, via certified
mail, of its decision to deny, suspend or revoke a contractor's license. The
applicant or licensee shall have 15 days to make a written request for an
administrative hearing to contest the Department's decision. The Department's
decision to suspend or revoke a license or deny an application shall be based
upon any of the reasons provided in subsections (g)(1) through (g)(5) below:
1) Conviction, of a felony or two or more
misdemeanors involving fraudulent activities, or of violations of laws relating
to construction or the building trades in general, in the last five years:
A) of the contractor; or
B) if the contractor is a firm, partnership,
or association, of any of its members; or
C) if a corporation, of any of its officers
or directors; or
D) of any person
designated to manage or supervise the asbestos abatement activities.
2) The licensure status or record,
in Illinois or from any other state where the applicant has done business in a
similar capacity, that indicates that the applicant has conducted asbestos
abatement projects in a manner hazardous to the public health:
A) of the contractor; or
B) if the applicant is a firm, partnership,
or association, of any of its members; or
C) if a corporation, of any of its officers
or directors; or
D) of any person
designated to manage or supervise the asbestos abatement activities.
3) The contractor has failed to
complete an asbestos abatement project due to insufficient financial
resources.
4) Violation of any
provision of the Asbestos Abatement Act or the Commercial and Public Building
Asbestos Abatement Act, or of any provision of this Part.
5) Submission of fraudulent documentation to
the Department or to a building owner or representative or agent
thereof.