Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Certification
required.
Beginning October 1, 1996, an individual who prepares an
asbestos project design must be certified by the commissioner as an asbestos
project designer.
Subp. 2.
Qualifications or experience requirements.
Beginning January 2, 1997, to be eligible for certification
as an asbestos project designer, an individual applying for certification must
show evidence of completion of either:
A. work experience of at least 4,000 hours in
asbestos-related work or asbestos management activity as defined in Minnesota
Statutes, section
326.71; or
B. registration as a registered architect,
licensure as a professional engineer, or certification as a certified
industrial hygienist or certified safety professional.
Subp. 3.
Training requirements for
initial certification.
To be eligible for initial certification as an asbestos
project designer, an applicant must complete, before the commissioner's receipt
of the application:
A. an initial
asbestos project designer training course that is:
(1) permitted by the commissioner under part
4620.3704;
(2) approved by the
United States Environmental Protection Agency (EPA) with the EPA approval
granted after June 1, 1987; or
(3)
approved by a state asbestos training program accredited by the EPA;
and
B. an asbestos
project designer refresher course permitted by the commissioner under part
4620.3704 if the applicant has completed the initial asbestos project designer
training course specified in item A, subitem (2) or (3).
Subp. 4.
Training diploma expiration;
retraining.
The applicant for certification as an asbestos project
designer must complete an annual asbestos project designer refresher course
permitted by the commissioner under part 4620.3704 when the diploma from an
initial project designer training course as specified in subpart 3, item A, has
expired before the commissioner's receipt of the application.
A. The most recent asbestos project designer
refresher course completed must be permitted under part 4620.3704 by the
commissioner.
B. Any refresher
courses which have been completed subsequent to the expiration of the diploma
must have been completed no more than 12 months after the expiration date of
the preceding diploma.
Subp.
5.
Application for initial certification.
An applicant for initial certification as an asbestos project
designer must submit to the commissioner:
A. a completed application on a form provided
by the commissioner, which seeks only information the commissioner reasonably
considers necessary to identify the applicant and to determine whether the
applicant meets the statutory and regulatory requirements for
certification;
B. a nonrefundable
application fee of $100, which is not in the form of a personal check, payable
to the Minnesota Department of Health; and
C. verifiable evidence of the applicant's
original diploma for the initial asbestos project designer training course and,
if applicable, verifiable evidence of each of the applicant's original diplomas
from the asbestos project designer refresher training courses.
Subp. 6.
Renewal.
A. An individual certified as an asbestos
project designer must apply for renewal of asbestos project designer
certification by submitting to the commissioner a completed renewal
application. Until the renewal certificate is issued by the commissioner, the
asbestos project designer may continue to perform asbestos project designs for
up to 30 calendar days from the date of completing the refresher training
course, provided the asbestos project designer:
(1) has submitted the certification renewal
application to the commissioner; and
(2) has a copy of the diploma, which is
issued after completing an asbestos project designer refresher course, at the
location where the asbestos project designer is conducting work.
B. The renewal application must
include:
(1) the completed renewal
application on a form provided by the commissioner, which seeks only
information the commissioner reasonably considers necessary to identify the
applicant and to determine whether the applicant meets the statutory and
regulatory requirements for renewal of certification;
(2) a nonrefundable renewal application fee
of $100, which is not in the form of a personal check, payable to the Minnesota
Department of Health; and
(3)
verifiable evidence of the training course diploma from the most recent
asbestos project designer refresher training course required by subpart
4.
Subp. 7.
Denial of certification.
The commissioner shall deny an application for an asbestos
project designer certificate if the applicant fails to comply with the
requirements in this part. Additional grounds for the commissioner to deny an
application are stated in Minnesota Statutes, section
144.99, subdivision
8, paragraphs (a) and (b). An applicant:
A. must be notified in writing of the denial
of the certificate and the reasons for the denial; and
B. is not required to pay a second fee if the
applicant submits a second asbestos project designer application within 30 days
of the receipt of the notice that the asbestos project designer application has
been denied. Fees are required for all subsequent applications.
Subp. 8.
Duration of
certificate; transfer.
An asbestos project designer certificate is valid for 12
months after the completion date on the diploma for the most recently completed
training course. The asbestos project designer certificate is not
transferable.
Subp. 9.
Duplicate certificate.
To replace a lost, destroyed, or mutilated asbestos project
designer certificate, the certified asbestos project designer must submit a
completed application for a duplicate asbestos project designer certificate and
pay a charge to the Minnesota Department of Health for the cost of duplicating
the certificate.
Statutory Authority: MS s
16A.1285;
144.05;
144.122;
326.70 to
326.81
