| (a) General provisions. As specified in §296.171
of this chapter (relating to Removal of Resilient Floor-Covering Material),
the licensing and registration requirements of this chapter do not
apply to a person who is performing or supervising the removal of
resilient floor-covering material in a public building as required
in this section. Such removal must:
(1) be performed using work practices for that activity
published by the Resilient Floor Covering Institute (RFCI work practices)
at the time of the activity and supervised by an individual (RFCI
supervisor) who meets the requirements of subsection (c) of this section
who is responsible for ensuring that RFCI work practices and the requirements
of this section are followed; or
(2) be performed using other methods determined by
the commissioner to provide public health protection from asbestos
exposure, in accordance with §1954.104 of the Act.
(b) Scope and limitations.
(1) The removal activity allowed under this exemption
is strictly limited to intact resilient floor-covering material that
is nonfriable; remains intact; and has not been sanded, ground, mechanically
chipped, drilled, abraded, cut, or sawed. Shearing, slicing, or punching
the flooring does not, by itself, make this section inapplicable to
the flooring material. Asbestos-containing resilient floor-covering
material that does not meet the limitations of this paragraph is subject
to paragraph (3) of this subsection.
(2) The removal activity must not become a response
action.
(3) If, either before or during the removal, any of
the resilient floor-covering material does not meet the limitations
of paragraph (1) of this subsection, then:
(A) removal under RFCI work practices is prohibited
and, if already begun, must immediately cease; and
(B) the area must be prepared and abated as required
in §296.191 of this chapter (relating to Asbestos Management
in a Public Building, Commercial Building, or Facility) and §296.212
of this chapter (relating to Standard Asbestos Abatement Practices
and Procedures in a Public Building).
(4) An RFCI contractor or RFCI supervisor who fails
to stop the project under the circumstances referenced in paragraph
(3) of this subsection and to abate as required in paragraph (3)(B)
of this subsection violates this section, applicable licensing requirements,
and the provisions of this chapter that are applicable to the continuing
activity. Any such person, as well as the building owner, is subject
to penalties as described in §296.318 of this chapter (relating
to Administrative Penalty).
(5) A person who performs removal using RFCI work practices
must:
(A) establish and maintain a regulated area with appropriate
signage and demarcation to inform and protect the public from exposure
as described in the RFCI work practices and in compliance with OSHA
in 29 CFR §1926.1101(e) and (k)(7) (relating to Asbestos);
(B) keep a copy of the current RFCI work practices
and other records applicable to the removal activity on-site for the
duration of the project, as required in §296.291 of this chapter
(relating to Recordkeeping);
(C) double bag and label ACWM, as required in §296.212(c)
of this chapter;
(D) upon completion of the project, have an RFCI supervisor
confirm that all ACBM required to be removed was removed and containerized
as required in this chapter and the abatement work area is free of
all residual dust and debris;
(E) provide proper temporary storage of ACWM (for example,
a dedicated roll-off box, dumpster, or storage room lined with 6-mil
thick plastic sheeting). All temporary storage must be sealed to prevent
unauthorized access and safeguarded to keep the storage container
sealed and leak tight. Final disposal of ACWM must be within 30 days
after project completion or when the receiving container is full,
whichever is sooner, as required in §296.212(c)(9) and (10) of
this chapter; and
(F) provide DSHS with written notification, as required
in §296.251 of this chapter (relating to Notifications).
(c) Training.
(1) An individual engaged in removal of resilient floor-covering
material using the RFCI work practices must successfully complete
an eight-hour RFCI training course and any required refresher course,
in compliance with 29 CFR §1926.1101(k)(9), that covers the elements
described in the RFCI work practices. The removal of resilient floor-covering
material must be supervised by an RFCI supervisor who is a competent
person, as defined under 29 CFR 1926.32(f) (relating to Definitions),
and, except as provided in paragraph (3) of this subsection, has successfully
completed an additional minimum four-hour training course, review
and examination required to supervise the removal of resilient floor-covering
material, that addresses the following topics:
(A) prework activities and considerations, including
determination of asbestos-containing materials, methods of identification,
walk through survey and bulk sampling, common building materials containing
asbestos, and review of OSHA, EPA, Department of Transportation, and
state and local regulations;
(B) assessment of the work area, including site preparation
considerations, conducting a negative exposure assessment, isolating
the work area, adjacent areas, regulated areas, and safety hazards;
(C) notification, recordkeeping, and waste disposal,
including recordkeeping requirements, notification requirements, warning
signs, special equipment, and transport and disposal of asbestos waste;
and
(D) supervising workers, including establishing goals,
providing clear instructions, establishing expectations, use of supervisory
authority, and motivating workers.
(2) An individual employed by a school who elects to
use the RFCI work practices must first complete the 16-hour custodial
training required by AHERA, unless the individual is a registered
asbestos abatement worker, licensed asbestos O&M supervisor, or
licensed asbestos abatement supervisor.
(3) An individual licensed as an asbestos abatement
supervisor or accredited as an asbestos contractor/supervisor under
the MAP is not required to complete the additional four-hour training
required under paragraph (1) of this subsection to supervise the removal
of resilient floor-covering material.
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