Current through September 18, 2024
1.7.1
General
Licensing Requirement
No person shall engage in any asbestos abatement project at
a facility unless he or she is licensed to do so by the Department under the
provisions of this §
1.7 of this
Part.
1.7.2
Applicability
A. The licensing
requirements of §
1.7 of this Part apply to all
Asbestos Contractors, as defined in this Part, and each of their Asbestos
Supervisors and Asbestos Workers.
B. Persons who perform only spot repairs are
exempted from the licensing requirement contained in §1.7.2(A) of this
Part. However, persons performing spot repairs must be certified in accordance
with §
1.19 of this
Part.
1.7.3
License
Application
A. To apply for a license,
an Asbestos Contractor, Asbestos Supervisor, or Asbestos Worker shall submit a
completed application to the Department on forms provided by the Department.
The application shall include all information required by the Act, as well as
by the form and accompanying instructions.
B. The Department may at any time after the
filing of the original application require further information to enable the
Department to determine whether the application should be approved or
denied.
C. Each application for an
Asbestos Contractor License shall be signed by the applicant or a person duly
authorized to act on behalf of the applicant. Each application for an Asbestos
Supervisor or Asbestos Worker License shall be signed by the applicant. All
applications shall include a certification by the applicant that his or her
License or other authorization to perform asbestos abatement work has not been
suspended or revoked by any other state and that no enforcement actions by any
state or federal agency are pending against the applicant.
1.7.4
License Fees and Issuance/Renewal
of Licenses
A. Asbestos Contractors
1. Pursuant to the provisions of R.I. Gen.
Laws §
23-24.5-12(h),
the Department shall grant a license to an Asbestos Contractor who meets the
licensure requirements set forth in this Part, and upon submission of the
licensure fee 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). Said license shall expire
two (2) years from the date of issuance, unless sooner suspended or revoked.
Said license may be renewed every two (2) years in accordance with the
provisions of § 1.7.8 of this Part and upon payment of the licensure
renewal fee 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).
B. Asbestos Supervisors
1. Pursuant to the provisions of R.I. Gen.
Laws §
23-24.5-12(h),
the Department shall grant a license for an Asbestos Supervisor, provided said
Asbestos Supervisor meets the licensure requirements set forth in this Part,
and upon submission of the licensure fee 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). Said license shall expire one (1) year from the date of issuance,
unless sooner suspended or revoked. Said license may be renewed annually in
accordance with the provisions of § 1.7.8 of this Part, upon documentation
of compliance with the requirements of § 1.9.1 of this Part, and upon
payment of the licensure renewal fee 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).
C. Asbestos
Workers
1. Pursuant to the provisions of R.I.
Gen. Laws §
23-24.5-12(e),
the Department shall grant a license for an Asbestos Worker provided said
Asbestos Worker meets the licensure requirements set forth in this Part, and
upon submission of the licensure fee 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).
Said license shall expire one (1) year from the date of issuance, unless sooner
suspended or revoked. Said license may be renewed annually in accordance with
the provisions of § 1.7.8 of this Part, upon documentation of compliance
with the requirements of § 1.9.1 of this Part, and upon payment of the
licensure renewal fee 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).
D. No license
shall be issued or renewed until the correct application fee has been remitted.
Fees will not be prorated for a period less than the full term of a
license.
1.7.5
Denial of Applications
A. The
Department may deny an application if it determines that the applicant has not
demonstrated the ability to comply fully with applicable requirements
established by the Act and/or by this Part.
B. An applicant whose application is denied
may request a hearing in accordance with the rules and regulations pertaining
to Practices and Procedures Before the Department of Health (Part 10-05-4 of
this Title).
1.7.6
Suspension or Revocation of a License and/or Imposition of Civil
Penalties
The Department may, for cause or for violation of this
Part, suspend or revoke any license issued under §
1.7 of this Part and/or
impose administrative fines in accordance with the Act.
1.7.7
Replacement of Lost or Damaged
License
Application for replacement of a lost or damaged Abatement
Supervisor or Abatement Worker License must be made by the licensed individual
and must be accompanied by the fee 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).
1.7.8
Renewal
of a License
Requests for renewal of licenses issued under §
1.7 of this Part must contain
all the information requested by § 1.7.3 of this Part without reference to
any previously submitted material.
1.7.9
Additional Requirements
The Department may, by rule, regulations, or order, impose
upon any licensee such requirements in addition to those established in this
Part as it deems appropriate or necessary to minimize danger to public health
and safety or property.
1.7.10
Communications
All communications and reports concerning this Part, and
applications filed thereunder, should be addressed to the Department at its
office located at:
Rhode Island Department of Health
Center for Healthy Homes and Environment
206 Cannon Building Three Capitol Hill
Providence, RI 02908-5097
