Rhode Island Code of Regulations
Title 216 - Department of health
Chapter 50 - Environmental health
Subchapter 15 - HEALTHY ENVIRONMENT
Part 1 - Asbestos Control
Section 216-RICR-50-15-1.4 - General Provisions
Universal Citation: 216 RI Code of Rules 50 15 1.4
Current through September 18, 2024
1.4.1 Exemptions, Variance and Practices and Procedures
A. The requirements for licensing and the
submission of an asbestos abatement plan shall not apply to the performance of
spot repairs.
B. The requirements
for licensing and the submission of an asbestos abatement plan shall not apply
to private residences as defined in this Part.
C. Variance Procedures
1. The Department may grant a variance,
either upon its own motion or upon request of the applicant, from the
provisions of any rule or regulation in a specific case if it finds that a
literal enforcement of such provision will result in unnecessary hardship to
the applicant and that such a variance will not be contrary to the public
interest, public health and/or health and safety of the public.
2. A request for a variance shall be filed by
an applicant in writing, setting forth in detail the basis upon which the
request is made. Upon filing of each request for a variance with the
Department, and within thirty (30) days thereafter, the Department shall notify
the applicant by certified mail of its approval, or in the case of a denial, a
hearing date, time and place may be scheduled if the applicant appeals the
denial and in accordance with the provisions of §1.4.1(D) of this
Part.
D. Rules Governing
Practices and Procedures All hearings and reviews required under the provisions
of R.I. Gen. Laws Chapter 23-24.5 shall be held in accordance with the
provisions of the rules and regulations governing the Practices and Procedures
Before the Rhode Island Department of Health (Part 10-05-4 of this
Title).
1.4.2 Prohibitions
A. No asbestos
abatement project shall be undertaken unless the Asbestos Contractor is
licensed with the Department and an asbestos abatement plan has been approved
by the Department.
B. No on-site
work for an approved asbestos abatement project may be conducted unless at
least one of the Asbestos Contractor's licensed Asbestos Supervisors and an
individual certified by the American Red Cross (or equivalent) in
Cardio-Pulmonary Resuscitation and basic first-aid are physically present on
the job site.
C. No owner shall
allow any person to be exposed to friable asbestos materials when such exposure
is a violation of the provisions of the Act, this Part or the indoor
non-occupational air exposure standard defined in §
1.5 of this Part.
D. No building or demolition permit involving
asbestos abatement shall be issued by any municipal or state official unless
the application for the permit includes a certified copy of an approved
abatement plan and a certified copy of the license of the Asbestos Contractor
who shall undertake the work.
E.
Individuals certified only for spot repairs in accordance with §
1.19 of this Part shall not
undertake any asbestos abatement project which is:
1. Larger than the size limits for a Spot
Repair as defined by this Part; or
2. In buildings other than those specifically
authorized on their Certification.
1.4.3 Closing of Buildings
A. The Director of Health may prohibit and/or
limit access to any building or portion of a building in which the Director,
after notice and hearing, has found to contain friable asbestos in such
condition or amount that there exists a public health danger. Access to such
areas shall be limited to individuals designated as competent persons for said
area or certified as consultants in accordance with §
1.21 of this Part.
B. No building or portion thereof to which
access has been prohibited and/or limited in accordance with the provisions of
§1.4.3(A) of this Part above shall be reopened to unlimited access until
the Director of Health issues a reoccupancy permit.
Disclaimer: These regulations may not be the most recent version. Rhode Island may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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