(1)
Scope of Certification of
Asbestos Consulting Service Providers. Firms, corporations,
businesses or entities performing Asbestos Consulting functions listed in
454
CMR 28.07(5)(a)1. through 4.
shall be Certified prior to engaging in such services. A Certificate issued by
the Department to a provider of Asbestos Consulting Services is valid for a
period of one year.
(2) Asbestos
Consulting Service Providers must ensure employees have required current
training and appropriate licenses pursuant to
454
CMR 28.07(5)(b) 1. through
4. prior to engaging in those services.
(3) Applicants for Certification as providers
of Asbestos Consulting Services shall submit the following to the Director:
(a) A completed application form with
attachments as prescribed by the Director which shall, at a minimum, include
the following:
1. A list of all names,
acronyms or other identifiers by which the applicant does or has done business,
and the address(es) and telephone number(s) of the business(es).
2. A list of the states in which the
applicant holds, or has held, a license or certification, accreditation, or
other approval for Asbestos Consulting Services.
(4)
Renewal of an
Asbestos Consulting Service Certification. The Director may renew
an Asbestos Consulting Service Certification upon written application for
renewal by the Certification holder. Renewal applications should be submitted
to the Department no later than 30 calendar days before the expiration of the
current Certificate. The submission of a renewal application later than 30 days
before the expiration of the current Certificate may result in renewal after
the expiration of the current Certificate. Said application for renewal shall
include submission of the items referenced at 454 CMR 28.07(3)(a)1. through 9.
The application may be made electronically at the Department's website or be
mailed to the Department.
(5)
Licensure of Asbestos Consultants.
(a)
Scope of
Licenses. Persons performing the Asbestos Consulting functions
listed in 454 CMR 28.07(5)(a)1. through 4. shall be licensed in the appropriate
discipline prior to engaging in such work. Persons performing the work of more
than one Asbestos Consultant discipline shall be separately licensed, except
that a person who is licensed as an Asbestos Management Planner may perform the
functions of an Asbestos Inspector without being separately licensed.
1.
Asbestos
Inspector. Licensure as an Asbestos Inspector authorizes the
consultant to review building records, perform visual inspections, collect
samples, prepare written inventories and conduct other forms of investigation
necessary to determine and document the presence and condition of known or
suspect ACM in facilities. Licensed Asbestos Inspectors shall apply current
concepts and state of the art knowledge to evaluate the conditions and
accessibility of ACM and shall otherwise conduct their activities according to
procedures described in 454 CMR 28.00 and current EPA guidance documents or
applicable federal laws or rules and regulations.
2.
Asbestos Management
Planner. Licensure as an Asbestos Management Planner authorizes
the consultant to utilize information developed from facility inspections to
assess potential hazards of ACM and to select and recommend asbestos hazard
control and response actions.
3.
Asbestos Project Designer. Licensure as an Asbestos
Project Designer authorizes the consultant to design Asbestos Response Actions
through preparation of job specifications, bidding documents, architectural
drawings and schematic representations of material locations. Except as
mandated by AHERA for Asbestos Response Actions conducted in school facilities,
the preparation of asbestos project designs is recommended, but not required by
454 CMR 28.00. Where asbestos project designs are prepared, such preparation
shall only be performed by persons licensed as Asbestos Project Designers
pursuant to 454 CMR 28.07.
4.
Asbestos Project Monitor. Licensure as an Asbestos
Project Monitor authorizes the consultant to function as the on-site
representative of the facility owner or other persons, interpret project
specifications or asbestos management plans and monitor and evaluate contractor
or employee compliance with applicable rules, regulations, or specifications,
including the collection of air samples and to conduct clearance inspections at
Asbestos Project sites. Licensure as an Asbestos Project Monitor or any other
Asbestos Consultant discipline is not required for persons collecting only
(asbestos) personal air monitoring samples.
(b)
Qualifications for
Licensure. Asbestos Consultants must possess the applicable
prerequisites for Licensure listed at 454 CMR 28.07(4)(b)1. through 4.
1.
Asbestos
Inspectors. Applicants must have successfully completed the
training requirements set forth at 454 CMR 28.05(4)(c) and must have, at a
minimum:
a. A high school diploma and a
minimum of six months experience in an occupation comparable to that of
asbestos inspection or two months field experience under the direct supervision
of a licensed Asbestos Inspector or Management Planner on no fewer than 15
inspections; or
b. A combination of
education and experience equivalent to that set forth in 454 CMR
28.07(5)(b)1.a., as determined by the Director.
2.
Asbestos Management
Planners. Applicants must have successfully completed the training
requirements set forth at 454 CMR 28.05(4)(d) and must have, at a minimum:
a. An associate degree or certificate in
project planning, management, environmental sciences, engineering,
construction, architecture, industrial hygiene, occupational health, or a
related scientific field; and
b.
Six months experience in the asbestos abatement field, including experience in
asbestos management planning; or
c.
A combination of education and experience equivalent to that set forth in 454
CMR 28.07(5)(b)2.a. and b., as determined by the Director.
3.
Asbestos Project
Designers. Applicants must have successfully completed the
training requirements set forth at 454 CMR 28.05(4)(e) and must have, at a
minimum:
a. A bachelor's degree in industrial
hygiene, occupational health, or environmental, biological or physical
science;
b. Current status as a
registered architect or engineer with a minimum of 12 months experience in
asbestos abatement fields; or
c. A
combination of education and experience equivalent to that set forth in 454 CMR
28.07(5)(b)3.a. and b., as determined by the Director.
4.
Asbestos Project
Monitors. Applicants must have successfully completed the training
requirements set forth at 454 CMR 28.05(4)(f) and must have, at a minimum:
a. Two years of college credit or an
associate or technical degree or equivalent;
b. Two years of experience in the asbestos
abatement field may be used to substitute for college credit requirement
above;
c. Field experience in
performing project monitoring work under the direct supervision of a licensed
Asbestos Project Monitor on no fewer than 15 Asbestos Response Actions
occurring over a period of at least two months; or
d. A combination of education and experience
equivalent to that set forth in 454 CMR 28.07(5)(b)4.a. and b., as determined
by the Director.
(c)
Application for Licensure as
an Asbestos Consultant. Applicants for Licensure in one or more of
the consultant disciplines must submit the following:
1. A completed application form with
attachments as prescribed by the Director.
2.
Proof of Age and
Identification. A list of acceptable forms of identification is
available from any Department office upon request.
3. Asbestos training certificates indicating
that the applicant has successfully completed the applicable initial and
refresher training requirements specified by 454 CMR 28.05(2), (4)(c) through
(f), or (5). Where the Department or the asbestos licensing agency of another
state has previously licensed the applicant in the applicable discipline, only
those certificates for training that has been received since the effective date
of the most recently issued Asbestos Consultant License need be presented.
Legible copies of asbestos training certificates may be presented as evidence
of successful completion of the required training, except that the training
certificate for the most recently received training must be an original. DLS
License cards must be presented as documentation of past Licensure. The
Director may, at his or her discretion, require the applicant to produce
further evidence of having fulfilled the applicable training or Licensing
requirements of 454 CMR 28.07(5)(b)1. through 4.
4. Documentation of fulfillment of applicable
experience requirements, as set forth in 454 CMR 6.07(5)(b)1. through
4.
5. A list of all citations or
notices of violation relating to occupational health and safety and
environmental protection, including notices of noncompliance, notices of
responsibility, notices of intent to assess an administrative penalty, orders,
consent orders and court judgments, received by the applicant in the five years
prior to the date of application, and the issuing agency or department and
final disposition of such citation or notice.
6. Such other information as the Director may
reasonably require.
7. A fee
payable to the Commonwealth of Massachusetts in the amount of the entire annual
fee established for such certificate by M.G.L. c. 7, § 3B, plus any
applicable surcharges. A schedule of asbestos and lead licensing fees and
surcharges is available from any Department office upon request. A person
applying for Licensure as an Asbestos Inspector and as an Asbestos Management
Planner at the same time need pay only one fee. If the Director denies,
revokes, suspends or refuses to renew a license for reasons specified in 454
CMR 28.16, the fee payment is not refundable.
(d)
Renewal of an Asbestos
Consultant License. An Asbestos Consultant license is valid for a
period of one year. The Director may renew an Asbestos Consultant license,
provided the current license holder makes written application for renewal or
files for renewal electronically from the DLS webpage. Application for renewal
should be made no later than seven calendar days before the expiration of the
current license. The submission of a renewal application later than seven days
before the expiration of the current license may result in renewal after the
expiration of the current license. Said application for renewal must include
submission of the items referenced at 454 CMR 28.07(5)(c)1. through 7.,
including a current certificate of refresher training in the discipline for
which Licensure is sought, as specified at 454 CMR 28.05(5).
(6)
Delivery of
Services by Certified Asbestos Consulting Service Providers and Asbestos
Consultants.
(a)
Requirement for Use of State-of-the-art Consultative
Practices. Because of the highly diversified, technical nature of
Asbestos Consulting Work, comprehensive requirements for the conduct of this
work are not set forth in 454 CMR 28.00. Certified Asbestos Consulting Service
Providers and Asbestos Consultants must ensure that the functions authorized at
454 CMR 28.07(1)(a)1. through 5., as applicable, are performed in accordance
with the requirements of 454 CMR 28.00, applicable EPA asbestos standards and
protocols, including 40 CFR Part 763, Subpart E, other applicable federal
standards and in accordance with professional standards generally recognized as
"state of the art" or "best practices" by the Asbestos Consulting industry and
asbestos professional associations, and in accordance with current practices
taught by Certified Training Providers. The Department has final determination
as to what constitutes "State-of-the-art".
(b)
Requirement for Signing
Entry/Exit Logs at Asbestos Response Action Worksites. Asbestos
Consultants who enter the Work Area of an Asbestos Response Action must make
the entries in the sign-in/out log specified at 454 CMR 28.10(4)(a)2. as a
condition of Licensure.
(7)
Maintenance, Submission and
Retention of Records. Asbestos Consulting Service Providers, must
maintain the records as indicated at 454 CMR 28.06(8) and make said records
available to the Director upon request. Entities must provide photocopies of
such records or documents within ten business days of receipt of a written
request from the Director. Records and documents required to be kept by 454 CMR
28.15 must be retained for a period of 30 years from the date of project or
activity completion. Entities or persons ceasing to do business, or relocating
the principal place of business must so notify the Director in writing within
30 days of such event. The Director, on receipt of such notification may
instruct that the records be surrendered to the Department, or may specify a
repository for such records. The entity or person must comply with the
Director's instructions within 60 days.
(8) Certified Asbestos Consulting Service
Providers must maintain the following records at the principal place of
business:
(a) Copies of all documents required
for Certification pursuant to 454 CMR 28.07.
(b) Records of all recommendations provided,
records of services including sampling times and locations, asbestos air and
bulk sampling, including the date collected, the location from which the sample
was collected, the method used and the analytical results. Air sample results
must include the start and end times of the sample collection, the flow rate,
volume of air collected and the sample locations and including the identity of
the sender, and the laboratory identification number providing
analysis.
(c) Names, license number
and expiration, addresses, telephone numbers and training documents of each
person who performed asbestos consultation for the Certified Asbestos
Consultation Services, with the dates of employment or utilization.