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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 296TEXAS ASBESTOS HEALTH PROTECTION
SUBCHAPTER KASBESTOS MANAGEMENT IN A PUBLIC BUILDING, COMMERCIAL BUILDING, OR FACILITY
RULE §296.191Asbestos Management in a Public Building, Commercial Building, or Facility

    (B) the project does not violate federal law.

(q) Survey or certification required for municipal permit. A municipality that requires a person to obtain a permit before renovating or demolishing a public or commercial building must not issue the permit unless the applicant provides one of the following types of documentation:

  (1) written evidence acceptable to the municipality that an asbestos survey of all parts of the building affected by the planned renovation or demolition has been completed by a person licensed in accordance with the Act and this chapter (for a public building) or accredited under the MAP (for a nonpublic building) to perform a survey; or

  (2) written certification from a Texas-registered architect or Texas-licensed professional engineer that:

    (A) identifies the name of the building, the street address, and the specific area of the building that applies to the certification;

    (B) certifies that the Texas-registered architect or Texas-licensed professional engineer has compiled and reviewed the information from:

      (i) MSDSs and SDSs of the materials used in the original construction of the building and any renovations or alterations of all parts of the building affected by the planned renovation or demolition, has matched them by manufacturer to materials on-site in the construction; and

      (ii) any previous asbestos survey report of the building that is conducted as required at the time of the survey;

    (C) certifies based upon review of the information in subparagraph (B) of this paragraph that in the architect's or engineer's professional opinion, no part of the building, including the building materials, affected by the planned renovation or demolition contain asbestos;

    (D) specifies the dates of each asbestos survey report reviewed;

    (E) specifies whether the relevant work was new construction or renovation; and

    (F) specifies the dates of completion of all original construction and renovations or alterations that apply to the certification.


Source Note: The provisions of this §296.191 adopted to be effective July 8, 2021, 46 TexReg 3880

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