Current through September 18, 2024
1.21.1
General Requirement
Asbestos consultant services offered for meeting the
requirements of this Part must be certified in accordance with §
1.21 of this Part.
Applicants, to obtain certification for asbestos consultant services, must
submit an application which demonstrates compliance with the requirements of
§
1.21 of
this Part.
1.21.2
Certification of Consultants
A.
Any individual requesting certification as an asbestos consultant must submit a
completed application to the Department on forms provided by the Department.
The application shall include all information required by the Act, this Part,
as well as by the form and accompanying instructions. The appropriate fee(s)
required in the rules and regulations pertaining to the Fee Structure for
Licensing, Laboratory and Administrative Services Provided by the Department of
Health (Part 10-05-2 of this Title) must also be submitted with the
application.
B. In addition to the
requirements contained in § 1.21.2(A) of this Part, the individual shall
also submit evidence of competence in the activity being requested. The
following are minimum criteria for establishing competence in the various
activities:
1. Asbestos Inspection Services.
Successful completion of a Department certified training course covering
state-of-the-art techniques in Asbestos Inspection specified by §1.18.8(E)
of this Part.
2. Asbestos Project
Designer Services. Successful completion of a Department certified training
course covering state-of-the-art techniques in Asbestos Project Design
specified by §1.18.8(G) of this Part.
3. Asbestos Management Planner Services.
Successful completion of a Department certified training course covering
state-of-the-art techniques in Asbestos Management Planning specified by
§1.18.8(I) of this Part.
1.21.3
Suspension or Revocation of
Consultant Certification
A. The
Department may suspend or revoke any consultant certification issued under
§
1.21 of
this Part for:
1. Failure to maintain
appropriate proficiency in the required areas, including failure to
successfully complete the annual training requirement specified by §
1.21.7 of this Part.
2.
Incompetence and/or negligence.
3.
Submitting false information on an application.
4. Failure to discharge activities in
accordance with statutory and regulatory provisions contained in this
Part.
5. Failure to discharge
activities in a manner consistent with prevailing standards of practice;
or
6. Any good cause within the
meaning and purpose of this Part or the Act.
1.21.4
Asbestos Consultant Fees and
Issuance/Renewal of Certificates
A.
Pursuant to the provisions of R.I. Gen. Laws §
23-24.5-14(c),
the Department shall grant a certificate to an Asbestos Consultant who meets
the certification requirements set forth in this Part, and upon submission of
the certification fee(s) as set forth in the rules and regulations pertaining
to the Fee Structure for Licensing, Laboratory and Administrative Services
Provided by the Department of Health (Part 10-05-2 of this Title), made payable
by check to the General Treasurer, State of Rhode Island. Said certificate
shall expire one (1) year from the date of issuance unless sooner suspended or
revoked. Said certificate may be renewed each year in accordance with the
provisions of § 1.21.5 of this Part, upon documentation of compliance with
the requirements of § 1.21.7 of this Part, and upon payment of the renewal
certification fees as set forth in the rules and regulations pertaining to the
Fee Structure for Licensing, Laboratory and Administrative Services Provided by
the Department of Health (Part 10-05-2 of this Title), made payable by check to
the General Treasurer, State of Rhode Island.
B. Waiver of Asbestos Consultant Fees. Full
time employees of a Local Education Agency (LEA) that maintain Asbestos
Inspector or Asbestos Management Planner certificates solely because of
requirements contained in the AHERA regulations may receive a waiver of
application and certification fees under the following conditions:
1. Each LEA will be limited to three (3) fee
waivers for Asbestos Consultant certificates during any twelve (12) consecutive
month period. An application for certification as an Asbestos Inspector,
Asbestos Management Planner, or Asbestos Project Designer shall be considered
as separate fee waivers.
2. The
applicant's initial or renewal application must be accompanied by a written
statement from the LEA Superintendent (or equivalent official) that said
applicant's assigned duties require possession of the specified
certificate(s).
3. The
certificate(s) will limit authorized activities to those buildings owned by, or
under the direct control of, the LEA, and will terminate before the stated
expiration date if the certificate holder is no longer a full-time employee of
the LEA.
C. Amendments to
Asbestos Consultant certificates will not be charged a fee.
1.21.5
Renewal of
Certification
Requests for renewal of certifications issued under §
1.21 of this Part must
contain all the information requested by §1.21.2 of this Part without
reference to any previously submitted material. All applications for renewal of
certification must also include documentation of compliance with the provisions
of § 1.21.7 of this Part regarding successful completion of required
annual review training.
1.21.6
Assessment Criteria
Inspection Services certified under §
1.21 of this part shall use
the assessment criteria established by §
1.22 of this Part unless the
Service is authorized by the Department, in writing, to utilize other
assessment criteria.
1.21.7
Annual Training Requirement
A.
Consultants certified in accordance with §
1.21 of this Part must
successfully complete the annual training requirements specified below:
1. An individual certified for Asbestos
Inspection Services must successfully complete the certified annual review
course specified by §1.18.8(F) of this Part.
2. An individual certified for Asbestos
Project Designer Services must successfully complete the certified annual
review course required by §1.18.8(H) of this Part.
3. An individual certified for Asbestos
Management Planner Services must successfully complete the certified annual
review course required by §1.18.8(J) of this
Part.
