Current through Register Vol. 39, No. 6, September 16, 2024
(a) No person shall
perform asbestos management activities until that person has been accredited by
the Program in the appropriate accreditation category, as set forth in
Paragraphs (b) and (c) of this Rule, except as provided for in
G.S.
130A-447(b) and
(c).
(b) An applicant for accreditation shall meet
the requirements of the "EPA Model Contractor Accreditation Plan" contained in
40 CFR Part 763, Subpart E, Appendix C and shall complete the applicable
training courses approved by the Program pursuant to Rule .0603 of this Section
and as set forth in this Rule for each accreditation category. An applicant
applying for roofing worker or roofing supervisor accreditation shall only be
required to complete the training courses as described under Rule .0611 of this
Section.
(c) In addition to the
requirements in Paragraph (b) of this Rule, an applicant, other than for the
worker or roofing worker categories, shall meet the following:
(1) an applicant for initial accreditation
shall have completed an approved initial training course for the discipline in
which the applicant seeks accreditation within the 12 months immediately
preceding application. If initial training was completed more than 12 months
prior to application, the applicant shall have completed an approved refresher
training course for the discipline in which he or she seeks accreditation at
least every 24 months from the date of completion of initial training to the
date of application;
(2) an
inspector shall have:
(A) a high school
diploma or equivalent; and
(B) at
least three months of experience working as an accredited asbestos inspector or
three months of experience working under the direct supervision of an
accredited inspector.
(3) a management planner shall have a high
school diploma or equivalent and shall be an accredited inspector, as defined
in Subparagraph (c)(2) of this Rule.
(4) a supervisor or roofing supervisor shall
have:
(A) a high school diploma or
equivalent; except that this requirement shall not apply to supervisors that
were accredited on November 1, 1989, or roofing supervisors that were
accredited prior to April 1, 1997; and
(B) at least three months of experience
working as an accredited asbestos supervisor or three months of experience
working under the direct supervision of an accredited supervisor.
(5) an abatement designer shall
have:
(A) a high school diploma or
equivalent; and
(B) at least three
months of experience working as an accredited asbestos designer or three months
of experience working under the direct supervision of an accredited abatement
designer.
(6) an air
monitor shall work only under an accredited supervising air monitor or meet the
provisions of Part (c)(7)(C) of this Rule. However, this requirement shall not
apply to the owner or operator of a building and his employees when performing
air monitoring in non-public areas. In addition, all air monitors shall meet
the following requirements:
(A) Education and
Work Experience:
(i) a high school diploma or
equivalent; and
(ii) at least three
months of experience working as an asbestos air monitor or three months of
experience working under the direct supervision of an accredited air
monitor.
(B) Training
Requirements:
(i) complete a Program approved
National Institute for Occupational Safety and Health (NIOSH) 582 or Program
approved NIOSH 582 Equivalency Course and meet the initial and refresher
training requirements of this Rule for supervisors; Program approved project
monitor refresher course may be substituted for the supervisor refresher
course; or
(ii) meet the initial
and refresher training requirements of this Rule for a Program approved
five-day project monitor course and a Program approved annual refresher
course.
(7) a
supervising air monitor shall meet the following requirements:
(A) Education and Work Experience:
(i) a high school diploma or
equivalent;
(ii) at least three
months of experience working as an asbestos air monitor or three months of
experience working under the direct supervision of an accredited air
monitor.
(B) Training
Requirements:
(i) complete a Program approved
NIOSH 582 or Program approved NIOSH 582 Equivalency Course and meet the initial
and refresher training requirements of this Rule for supervisors; a Program
approved project monitor refresher course may be substituted for the supervisor
refresher course; or
(ii) meet the
initial and refresher training requirements of this Rule for a Program approved
five-day project monitor course and a Program approved annual refresher
course.
(C) Professional
Status:
(i) a supervising air monitor who was
accredited as an air monitor on or after February 1, 1991, or an air monitor
accredited prior to that date who has not continuously maintained
accreditation, shall be a Certified Industrial Hygienist;
(ii) a supervising air monitor who was
accredited as an air monitor prior to February 1, 1991, who has continuously
maintained accreditation shall be a Certified Industrial Hygienist,
Professional Engineer, or Registered Architect.
(D) Air monitors with a valid accreditation
on January 1, 1995 supervising other accredited air monitors shall be deemed to
be accredited supervising air monitors for the duration of their existing air
monitor accreditation.
(d) To obtain accreditation, the applicant
shall submit to the Program:
(1) a completed
application on a form provided by the Program, which is available at:
https://epi.dph.ncdhhs.gov/asbestos/healthaz.html.A
completed application form shall include the following information:
(A) full name;
(B) address, including city, state, zip code,
and telephone number;
(C) date of
birth, sex, height, and weight;
(D)
discipline applied for;
(E) name,
address, and telephone number of employer;
(F) training agency attended;
(G) name of training course completed;
and
(H) dates of course
attended;
(2) one 1.25
inch x 1.25 inch color photograph of the applicant taken within the preceding
six months per application with the applicant's full name printed on the back
of each photograph;
(3)
confirmation of completion of an approved initial or refresher training course
from the training agency. The confirmation shall be in the form of an original
certificate of completion of the approved training course bearing the training
agency's official seal or an original letter from the training agency on
training agency letterhead that includes the following information:
(A) the name of the course
completed;
(B) the date of course
completion;
(C) the unique
certificate number; and
(D) a list
of names for the individuals who successfully completed the training course,
with the applicant's name included in that list;
(4) when education is a requirement in
accordance with this Rule, a copy of the diploma;
(5) when work experience is a requirement in
accordance with this Rule, documentation of the applicant's asbestos related
work experience that includes the following:
(A) employer name;
(B) employer address and phone
number;
(C) position(s) held by
applicant; and
(D) dates when the
applicant held each position;
(6) when applicants for initial air monitor
accreditation are working under an accredited supervising air monitor pursuant
to Subparagraph (c)(6) of this Rule, the accredited supervising air monitor
shall submit an original, signed letter acknowledging responsibility for the
applicant's air monitoring activities. The applicant shall ensure that a new
letter is submitted to the Program any time the information in the letter
currently on file is no longer accurate.
(e) All accreditations shall expire at the
end of the 12th month following completion of required initial or refresher
training. Work performed after the 12th month and prior to reaccreditation
shall constitute a violation of this Rule. To be reaccredited, an applicant
shall have completed the required refresher training course within 24 months
after the initial or refresher training course. An applicant for
reaccreditation shall also submit information specified in Subparagraphs
(d)(1)-(d)(6) of this Rule. If a person fails to obtain the required training
within 12 calendar months after the expiration date of accreditation, that
person shall be accredited only by meeting the requirements of Paragraphs (b),
(c), and (d) of this Rule.
(f) All
accredited persons shall be assigned an accreditation number and issued a
photo-identification card by the Program.
(g) In accordance with
G.S.
130A-23, the Program may revoke accreditation
or reaccreditation for any violation of G.S. 130A, Article 19 or the rules in
this Section, or upon determining that its issuance was based upon incorrect or
inadequate information that materially affected the decision to issue
accreditation or reaccreditation. The Program shall also revoke accreditation
or reaccreditation upon a finding that the accredited person has violated any
requirement referenced in Rule .0605(e) of this Section. A person whose
accreditation is revoked because of fraudulent misrepresentations or because of
violations that create a public health hazard shall not reapply for
accreditation before six months after the revocation and shall repeat the
initial training course and other requirements as set out in Paragraphs (b),
(c), and (d) of this Rule.
Authority
G.S.
130A-5(3);
130A-23;
130A-447;
Temporary
Rule Eff. October 28, 1988 for a period of 180 days to expire on April 26,
1989;
Eff. March 1, 1989;
Temporary Amendment Eff.
November 1, 1989 for a period of 180 days to expire on April 30,
1990;
Amended Eff. October 1, 1994; August 1, 1991; February 1,
1990;
Temporary Amendment Eff. November 8, 1994 for a period of 180
days or until the permanent rule becomes effective, whichever is
sooner;
Amended Eff. July 1, 1996; January 1, 1995;
Readopted Eff. January 1, 2021.
