19 Del. Admin. Code § 4103-5.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 4103-5.0 - Compliance

5.1 Any public or private asbestos abatement project, except for work in an owner-occupied single family dwelling performed by the owner of such dwelling, shall be performed by a contractor and/or contractors who have been certified by Facilities Management.

5.2 All professional service firms preparing plans and specifications for asbestos abatement work to be performed in the State of Delaware shall be required to submit evidence that he/she is qualified, and shall be certified as hereinafter provided.

5.3 Any contractor engaged in asbestos abatement projects within the State shall be required to submit evidence that he/she is qualified to perform asbestos abatement, and shall be certified as hereinafter provided:

5.3.1 It shall be unlawful for any contractor/professional service firm to engage in or offer to engage in asbestos abatement projects within the State unless such contractor has been duly certified under the provisions established by Facilities Management.

5.3.2 It shall be unlawful for any contractor or professional service firm to use or advertise any title or description intending to convey the impression that such contractor or professional service firm is certified for asbestos abatement, unless such person has been certified by Facilities Management.

5.3.3 A joint venture provides a means by which contractors may combine their resources in order to undertake a larger project that each would not otherwise be able to perform as separate contractors. No contractor may participate in a joint venture for the purpose of asbestos abatement unless all parties are certified contractors.

5.3.4 No contractor under this Regulation shall subcontract any work involving asbestos abatement unless the subcontractor is certified by Facilities Management.

5.3.5 No contractor shall initiate an asbestos abatement project without assigning a certified Asbestos Project Supervisor to the project who shall remain at the project site at all times the asbestos abatement portion of the project is in progress. The Asbestos Project Supervisor shall be certified by Facilities Management as hereinafter provided. Not mandatory for Class "B" type work.

5.3.6 No contractor under this Regulation shall directly or indirectly employ any worker for asbestos abatement projects who has not received a certification from Facilities Management in the classification for the contractor or higher. Facilities Management shall certify all Asbestos Abatement Workers as hereinafter provided.

5.3.7 The requirements of this Regulation shall in no way be construed to relieve asbestos abatement contractors, supervisors and/or workers from compliance with other regulatory requirements or contractual agreements which may be more restrictive.

5.3.8 A copy of a valid Asbestos Abatement Contractor Certificate or other proof of the issuance of a valid Asbestos Abatement Contractor Certificate deemed suitable by Facilities Management shall be submitted by the bidder to the party soliciting bids prior to the award of any public works contract, all or part of which involves an asbestos abatement project.

5.3.9 A copy of a valid Asbestos Abatement Contractor Certificate and a valid Professional Service Firm Certificate shall be conspicuously displayed proximate to but outside the work area on all asbestos projects.

5.3.10 It shall be unlawful for any Professional Service Firm or Contractor to remove, repair, encapsulate or demolish material from a structure as asbestos-containing material unless certificates of laboratory analysis have been provided to the building owner proving the material is asbestos-containing material or the materials that still contain original manufacture labels stating that it is an asbestos containing product. Also, a Professional Service Firm's Building Inspector may assume the materials are positive without having lab analysis performed. For Example: transite material, in an existing containment, could be assumed positive for asbestos and be removed and disposed of without lab testing.

5.3.11 It shall be unlawful for any Contractor or Professional Service Firm to work in public/private not for profit schools unless they are qualified and trained under 40 CFR Part 763 AHERA.

19 Del. Admin. Code § 4103-5.0

17 DE Reg. 446 (10/1/2013) (Final)