|(a) Licensing. A person must be licensed under these sections to develop an asbestos management plan, which shall include a written schedule and procedures to protect occupants from asbestos health hazards in a public building. A company, employing an individual management planner, cannot hire an inspector nor another management planner without becoming an asbestos management planner agency. A licensed management planner is also a licensed inspector and shall fulfill all requirements for the inspector license as listed in §295.50 of this title (relating to Licensure: Asbestos Inspector) in addition to the requirements for a management planner license. Only the fee for the management planner license will be charged to the applicant. (b) Scope. In addition to the development of management plans, a licensed management planner is licensed to perform surveys and assess the condition of asbestos-containing building material (ACBM), as provided in §295.50 of this title (relating to Licensure: Asbestos Inspectors). (c) Fee. The fee for a two-year license term is $260. (d) Applications and renewals. Applications and renewals shall be submitted as required by §295.38 of this title (relating to Licensing and Registration: Applications and Renewals). Out-of-state applicants must comply with §295.39 of this title (relating to Licensing and Registration: Out-of-State Applicants). (e) Qualifications. To qualify for a license as an asbestos management planner, an applicant must demonstrate in a manner acceptable to the Texas Department of Health (department) that he or she meets the following applicable qualifications. The applicant must: (1) have completed an Environmental Protection Agency (EPA) or state-approved inspector training course and the management planner course of instruction within the past 12 months, or has remained certified by completing annual refresher training for management planners and inspectors, as specified in §295.64 of this title (relating to Training: Required Asbestos Training Courses); (2) have an associate's degree from an accredited college or university or successfully complete a minimum of 60 credit hours from an accredited college or university; (3) have participated in the preparation of at least five management plans, under the direction of a licensed management planner or licensed asbestos consultant; (4) provide a copy of the wallet-size photo-identification card from the training course as required from all trainers in Texas in accordance with §295.65(f)(2) of this title (relating to Training: Approval of Training Courses). Persons submitting out-of-state training certificates with their applications may obtain the necessary photo-identification when attending the mandatory course on Texas asbestos rules, as required, in accordance with §295.64(h) of this title (relating to Training; Required Asbestos Training Courses); (5) provide a current one-inch by one-inch photograph of the face. The photograph submitted to the department for licensing purposes must have a white background; (6) provide proof of successfully passing the department examination for an individual management planner, if required; (7) if the applicant is an asbestos management planner working for hire, provide proof of professional liability insurance coverage in the amount of $1 million for errors and omissions, or be covered under an employer's policy as required by §295.40 of this title (relating to Licensing and Registration: Insurance Requirements); and (8) a physician's statement of the required physical examination done within the past year as described in §295.42(e)(2) of this title (relating to Registration: Asbestos Abatement Workers) and submitted on the department "Physician's Written Statement" form only. (f) Responsibilities. The asbestos management planner shall be responsible for: (1) the interpretation of the field notes and report of an asbestos building survey; (2) the production of drawings which show the locations of asbestos materials, together with notes as to the extent and the condition of this ACBM; (3) writing an asbestos report which includes information from paragraph (2) of this subsection together with a proposed schedule of actions to be taken to manage and control asbestos in the subject building; and (4) advising clients about options for operations and maintenance or asbestos abatement. (g) Signature. All asbestos management plans must be signed by the licensed asbestos management planner or the licensed individual consultant preparing the plan.
|Source Note: The provisions of this §295.51 adopted to be effective October 20, 1992, 17 TexReg 6901; amended to be effective September 22, 1994, 19 TexReg 7098; amended to be effective December 13, 1998, 23 TexReg 12353; amended to be effective March 27, 2003, 28 TexReg 2549; amended to be effective January 1, 2005, 29 TexReg 11987; amended to be effective February 1, 2006, 31 TexReg 400