Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 2105.1 - Asbestos abatement contractor licenses(a) Requirement.--A license is required by all contractors whose primary business is asbestos abatement or who in the course of doing business can reasonably expect to perform asbestos abatement projects.(b) Standards and procedures for licensing.--The department shall establish by regulation standards and procedures for the licensing of companies, corporations, partnerships and sole proprietors who engage in the business of asbestos abatement. These regulations shall include, but not be limited to, the following requirements:(1) Experience in the field of asbestos abatement.(2) Knowledge and ability to correctly and safely organize, manage and perform an asbestos abatement project.(3) Capability to perform asbestos abatement work, including, but not limited to, necessary equipment, trained personnel, organizational structure, landfill availability, financial stability, experience and/or training of key personnel. In determining capability, the department shall consider the applicant's history of fines, citations or other actions taken by regulatory agencies for certification, work practice and licensing violations.(4) Completion of application and payment of fee.(5) Employment of a person certified as an asbestos contractor.(c) Interim standards and procedures.--Pending promulgation of regulations under subsection (b), the department may establish interim standards and procedures by publishing the standards and procedures in the Pennsylvania Bulletin.(d) Fee.--The department by regulation shall set the license fee. Upon the effective date of this section, the interim fee shall be $50. This interim fee shall remain in effect until the department promulgates a fee by regulation.(e) Duration, renewal and transfer of license.--(1) Unless the department revokes or suspends a license, the license shall remain in effect for one year from the date of issuance.(2) An asbestos abatement contractor may apply for renewal of a license in the form and manner prescribed by the department.(f) Suspension, revocation, etc.-- The department may suspend, revoke or deny any license application for the reasons and in the manner set forth for accreditations and certifications under section 6. (g) Enforcement and penalties.-- The department shall have the power to enforce this section in the manner set forth for accreditations and certifications under section 9. The civil and criminal penalties set forth insection 9(d) and (e) shall apply to violations of this section.1990, Dec.19, P.L. 805, No. 194, § 5.1; added 1998, Dec. 21, P.L. 1258, No. 161, § 4, effective in 60 days.