Current through Register Vol. 41, No. 3, September 23, 2024
A. General. Applicants shall meet all
applicable entry requirements at the time application is made.
B. Name. The applicant shall disclose his
full legal name.
C. Age. The
applicant shall be at least 18 years old.
D. Address. The applicant shall disclose a
physical address. A post office box is only acceptable when a physical address
is also provided.
E. Specific entry
requirements.
1. Worker. Each individual
applying for an initial asbestos worker license shall provide proof of
successful completion of (i) an EPA/AHERA or board-approved initial accredited
asbestos worker training program and all subsequent EPA/AHERA or board-approved
accredited asbestos worker refresher training programs or (ii) an EPA/AHERA or
board-approved initial accredited supervisor training program and all
subsequent EPA/AHERA or board-approved accredited asbestos supervisor refresher
training programs. The training certificate must indicate that the training was
taken within 12 months preceding the date the department receives the
application.
2. Supervisor. Each
individual applying for an initial asbestos supervisor license shall provide
proof of successful completion of an EPA/AHERA or board-approved initial
accredited supervisor training program and all subsequent EPA/AHERA or
board-approved accredited asbestos supervisor refresher training programs. The
training certificate must indicate that the training was taken within 12 months
preceding the date the department receives the application.
3. Inspector.
a. Each individual applying for an initial
asbestos inspector license shall provide:
(1)
Proof of successful completion of an EPA/AHERA or board-approved initial
accredited inspector training program and all subsequent EPA/AHERA or
board-approved accredited asbestos inspector refresher training programs;
and
(2) Evidence of experience in
performing asbestos inspections in buildings or industrial facilities,
including collecting bulk samples, categorizing ACM, assessing ACM and
preparing inspection reports. The amount of experience required is dependent on
the applicant's formal education and is as follows:
(a) An applicant with a bachelor's degree in
engineering, architecture, industrial hygiene, physical science or a related
field shall have at least six months' experience or have completed a minimum of
five inspections;
(b) An applicant
with a two-year associate's degree in engineering, architecture, industrial
hygiene, physical science or a related field shall have at least 12 months'
experience or have completed a minimum of 10 inspections; or
(c) An applicant with a high school diploma
shall have at least 24 months' experience or have completed a minimum of 15
inspections.
b. Experience may be obtained by:
(1) Conducting asbestos inspections in
jurisdictions outside of Virginia in accordance with all federal, state and
local statutes.
(2) Conducting
asbestos inspections under the direct supervision, as defined in this chapter,
of a licensed inspector or EPA-accredited inspector where no license is
required. All reports prepared by the unlicensed individual shall be signed by
the licensed or EPA-accredited inspector in charge. The licensed or
EPA-accredited inspector assumes responsibility for all sampling and reports
prepared by the unlicensed individual.
4. Management planner.
a. Each individual applying for an initial
asbestos management planner license shall provide:
(1) Proof of successful completion of an
EPA/AHERA or board-approved initial accredited management planner training
program and all subsequent EPA/AHERA or board-approved accredited asbestos
management planner refresher training programs; and
(2) Evidence of experience evaluating
inspection reports, selecting response actions, analyzing the cost of response
actions, ranking response actions, preparing operations and maintenance plans
and preparing management plans. The amount of experience required is dependent
on the applicant's formal education and is as follows:
(a) An applicant with a bachelor's degree in
engineering, architecture, industrial hygiene, physical science or a related
field shall have at least six months' experience or shall have completed a
minimum of five management plans.
(b) An applicant with a two-year associate's
degree in engineering, architecture, industrial hygiene, physical science or a
related field shall have at least 12 months' experience or shall have completed
a minimum of 10 management plans.
(c) An applicant with a high school diploma
shall have at least 24 months' experience or shall have completed a minimum of
15 management plans.
b. Experience may be obtained by:
(1) Preparing management plans or conducting
asbestos inspections in jurisdictions outside of Virginia in accordance with
all federal, state and local statutes; or
(2) Preparing management plans or conducting
asbestos inspections under the direct supervision, as defined in this chapter,
of a licensed management planner or inspector, or EPA-accredited management
planner or inspector where no license is required. All reports prepared by the
unlicensed individual shall be signed by the licensed or EPA-accredited
management planner or inspector in charge. The licensed or EPA-accredited
management planner or inspector assumes responsibility for all sampling and
reports prepared by the unlicensed individual.
5. Project designer.
a. Each individual applying for an initial
asbestos project designer license shall provide:
(1) Proof of successful completion of an
EPA/AHERA or board-approved initial accredited project designer training
program and all subsequent EPA/AHERA or board-approved accredited asbestos
project designer refresher training programs; and
(2) Evidence of experience in the preparation
of project designs or project specifications. The amount of experience required
is dependent on the applicant's formal education and is as follows:
(a) An applicant with a bachelor's degree in
engineering, architecture, industrial hygiene, physical science or a related
field shall have six months' experience or shall have completed a minimum of
five project designs.
(b) An
applicant with a two-year associate's degree in engineering, architecture,
industrial hygiene, physical science or related field shall have 12 months'
experience or shall have completed a minimum of 10 project designs.
(c) An applicant with a high school diploma
shall have at least 24 months' experience or shall have completed a minimum of
15 project designs.
b. Experience may be obtained by:
(1) Preparing asbestos project designs in
jurisdictions outside of Virginia in accordance with all federal, state and
local statutes.
(2) Preparing
asbestos project designs under the direct supervision, as defined in this
chapter, of a licensed asbestos project designer, or EPA-accredited asbestos
project designer where no license is required. All project designs prepared by
the unlicensed individual shall be signed by the licensed EPA-accredited
project designer in charge. The licensed or EPA-accredited project designer
assumes responsibility for all project design reports prepared by the
unlicensed individual.
6. Project monitor.
a. Each individual applying for an initial
asbestos project monitor license shall provide:
(1) Proof of (i) a current certification by
EPA as an asbestos project designer or asbestos supervisor and successful
completion of a board-approved asbestos project monitor training program of 16
hours, including the examination or (ii) successful completion of a
board-approved asbestos project monitor training program of 40 hours, including
examination. Only project monitor training programs that are board approved
shall be accepted for meeting the training requirement; and
(2) Evidence of 160 hours of experience in
performing asbestos project monitoring through field work on project sites.
This includes, but is not limited to, evaluating and monitoring asbestos work
practices, collecting environmental asbestos air samples during abatement,
performing visual inspections and taking final air samples to grant clearance
for asbestos abatement projects.
b. Experience may be obtained by:
(1) Acting as an asbestos project monitor in
jurisdictions outside of Virginia in accordance with all federal, state and
local statutes.
(2) Acting as an
asbestos project monitor under the direct supervision, as defined in this
chapter, of a licensed asbestos project monitor or an accredited asbestos
project monitor where no license is required. All project monitoring reports
prepared by the unlicensed individual shall be signed by the licensed or
accredited project monitor in charge. The licensed or accredited project
monitor assumes responsibility for all reports and documents prepared by the
unlicensed individual.
F. Experience and education verification.
Each application for inspector, management planner, project monitor and project
designer shall include a completed Experience Verification Form signed by a
supervisor verifying the applicant's experience. In lieu of a verifying
signature for experience, an applicant who is self employed may submit a copy
of three completed inspections, management plans, project designs or project
monitor reports, whichever is applicable. A letter from a supervisor verifying
the experience may be submitted in lieu of the Experience Verification Form. If
verification of a degree is required, the Education Verification Form shall be
sent directly from the school to the department.
G. Conviction or guilt. The applicant shall
not have been convicted or found guilty, regardless of adjudication, in any
jurisdiction of any felony or of any misdemeanor involving lying, cheating or
stealing or any violation while engaged in environmental remediation activity
that resulted in the significant harm or the imminent and substantial threat of
significant harm to human health or the environment, there being no appeal
pending therefrom or the time of appeal having lapsed. Any plea of nolo
contendre shall be considered a conviction for the purposes of this section.
The record of conviction, finding or case decision shall be considered prima
facie evidence of a conviction or finding of guilt. The board, at its
discretion, may deny licensure or certification to any applicant in accordance
with § 54.1-204 of the Code of Virginia.
H. Standards of practice and conduct.
Applicants shall be in compliance with the standards of practice and conduct
set forth in
18VAC15-20-400 through
18VAC15-20-450 and 18VAC455
through 18VAC15-20-459.1, as applicable at
the time of application to the board, while the application is under review by
the board, and at all times when the license is in effect.
I. Standing. The applicant shall be in good
standing in every jurisdiction where licensed and the applicant shall not have
had a license that was suspended, revoked or surrendered in connection with any
disciplinary action in any jurisdiction prior to applying for licensure in
Virginia. The board, at its discretion, may deny licensure or certification to
any applicant based on disciplinary action by any jurisdiction.
Statutory Authority
§§ 54.1-201 and 54.1-501 of the Code of
Virginia.
