Current through the 2023 Regular Session
Section 75-2-503 - Rulemaking authority - issuance of permits(1) The department shall, subject to the provisions of 75-2-207, adopt rules establishing standards and procedures for accreditation of asbestos-related occupations and control of the work performed by persons in asbestos-related occupations. The rules must be consistent with federal law and include but are not limited to: (a) standards for training course review and approval;(b) standards for accreditation of applicants for asbestos-related occupations;(c) examination requirements for accreditation of applicants for asbestos-related occupations;(d) requirements for renewal of accreditation, including periodic refresher courses;(e) revocation of accreditation;(f) inspection requirements for asbestos projects and asbestos-related occupations credentials;(g) criteria to determine whether and what type of control measures are necessary for an asbestos project and whether a project is completed in a manner sufficient to protect public health, including criteria setting allowable limits on indoor airborne asbestos. A determination of whether asbestos abatement of a structure is necessary may not be based solely upon the results of airborne asbestos testing.(h) requirements for issuance of asbestos project permits and conditions that permitholders shall meet;(i) standards for seeking injunctions, criminal and civil penalties, or emergency actions;(j) advance notification procedures and issuance of permits for asbestos projects; and(k) fees, which must be commensurate with costs, for: (i) review and approval of training courses;(ii) application for and renewal of accreditation by a person seeking to pursue an asbestos-related occupation;(iii) issuance and administration of asbestos project permits, including annual asbestos project permits for facilities; and(iv) requested inspections of asbestos projects.(2) For asbestos projects having a cost of $3,000 or less, the department shall issue asbestos project permits within 7 calendar days following the receipt of a properly completed permit application and the appropriate fee.En. Sec. 3, Ch. 581, L. 1989; amd. Sec. 51, Ch. 16, L. 1991; amd. Sec. 9, Ch. 471, L. 1995; amd. Sec. 1, Ch. 25, L. 2003.