| (a) Initial and renewal licensure requirements. To
receive or renew a license as an asbestos abatement contractor, asbestos
operations and maintenance (O&M) contractor, asbestos management
planner agency, asbestos consultant agency, asbestos transporter,
or asbestos laboratory, an applicant must submit a complete application
as required under §296.42 of this chapter (Initial and Renewal
Applications) and the documentation required in this section. An out-of-state
applicant must comply with §296.44 of this chapter (relating
to Out-of-State Applicants).
(b) Initial requirements. An applicant for an initial
license must submit the following:
(1) the name and license number of the appointed responsible
person for an asbestos abatement contractor, an asbestos O&M contractor,
a management planner agency, or an asbestos consultant agency;
(2) a copy of the current training certificate for
the appointed responsible person documenting that training was completed
as required in §296.73 of this chapter (relating to Asbestos
Training Courses) for:
(A) an asbestos abatement contractor or asbestos O&M
contractor--the Asbestos Contractor/Supervisor course;
(B) a management planner agency--the Asbestos Management
Planner course; or
(C) a consultant agency--the Asbestos Inspector, Asbestos
Management Planner, Asbestos Air Monitoring Technician, and Asbestos
Project Designer courses;
(3) in relation to the applicant's franchise tax account
status, whichever applies:
(A) a certificate of account status from the Texas
Comptroller of Public Accounts regarding the applicant's franchise
tax account status, if the applicant is a taxable entity, as defined
in Texas Tax Code §171.0002; or
(B) documentation that the applicant is not a taxable
entity or is otherwise not subject to or exempt from franchise tax;
and
(C) any verification relating to subparagraph (A) or
(B) of this paragraph requested by DSHS;
(4) a copy of the applicant's assumed name certificate,
with proof of required filing, if the applicant conducts business
or renders professional services under an assumed name (commonly referred
to as a DBA or "doing business as");
(5) if the applicant is an entity, as defined in Texas
Business Organizations Code §1.002:
(A) documentation issued by the Secretary of State
that verifies:
(i) a domestic entity's existence; or
(ii) a foreign entity's registration and authorization
to conduct business in Texas; or
(B) if the applicant is a foreign entity to which §296.44(d)
of this chapter applies, the applicant must submit a sworn affidavit
that meets the requirements of that subsection;
(6) if the applicant is a nonfiling entity or a foreign
nonfiling entity, as those terms are defined in Texas Business Organizations
Code §1.002, documentation of that status on the application
and any verification of that status requested by DSHS;
(7) a taxpayer identification number;
(8) the applicant's Texas sales tax permit number from
the Texas Comptroller of Public Accounts, if applicable;
(9) the physical address of the central location where
asbestos records are maintained, as required by §296.291 of this
chapter (relating to Recordkeeping);
(10) proof of required insurance in accordance with §1954.105(c)
of the Act and as required in §296.45 of this chapter (relating
to Insurance Requirements) for:
(A) an asbestos abatement contractor or an asbestos
O&M contractor--asbestos abatement liability coverage, including
pollution liability coverage, if performing work for hire, and workers'
compensation insurance, where required;
(B) an asbestos management planner agency, asbestos
consultant agency, or an asbestos laboratory--professional liability
insurance for errors and omissions, if performing work for hire and
workers' compensation insurance, where required;
(C) an asbestos transporter--liability insurance coverage,
including pollution liability coverage to transport for hire ACM for
purposes of disposal and workers' compensation coverage insurance,
where required;
(11) a copy of the applicant's standard operating procedures
for an asbestos abatement contractor relating to activities involving
ACBM or an asbestos O&M contractor relating to SSSD O&M activities
involving ACBM in accordance with 29 CFR §1926.1101(g)(9), that
must include the following:
(A) a written respiratory protection plan to be maintained
and adhered to during periods of abatement activity;
(B) a description of on-site personnel decontamination
procedures;
(C) a description of the procedures for handling and
disposal of ACWM;
(D) a description of the engineering controls and work
practices for asbestos abatement;
(E) a description of personal air monitoring procedures;
(F) a description of final cleanup procedures; and
(G) a description of the provisions for recordkeeping;
(12) for an asbestos transporter applicant, a copy
of the applicant's emergency response plan prepared in compliance
with 29 CFR §1910.120(q), unless exempt under the requirements
of that section, which must include, without limitation:
(A) pre-emergency planning and coordination with outside
parties;
(B) personnel roles, lines of authority, training,
and communication;
(C) emergency recognition and prevention;
(D) safe distances and places of refuge;
(E) site security and control;
(F) evacuation routes and procedures;
(G) decontamination;
(H) emergency medical treatment and first aid;
(I) emergency alerting and response procedures;
(J) critique of response and follow-up; and
(K) personal protection equipment and emergency equipment;
and
(13) the following proof applicable to each type of
analysis for which an asbestos laboratory applicant is applying for
a license to perform:
(A) accreditation by the NVLAP for analysis of bulk
samples by polarized light microscopy (PLM), if the laboratory is
applying to perform PLM bulk analysis;
(B) accreditation by the NVLAP for analysis of air
samples by transmission electron microscopy (TEM), if the laboratory
is applying to perform TEM air analysis; or
(C) if the laboratory is applying to perform phase
contrast microscopy (PCM) air analysis, proof of at least one of the
following:
(i) accreditation by the American Industrial Hygiene
Association (AIHA) Industrial Hygiene Laboratory Accreditation Program
and AIHA's most recent PCM proficiency testing results for the laboratory;
(ii) proficiency according to the standards of the
AIHA proficiency analytical testing (PAT) Program, including quarterly
proficiency testing for airborne fibers by PCM and a quality assurance/quality
control program, in accordance with the NIOSH 7400 method; or
(iii) proficiency of the individual laboratory analysts
through the AIHA asbestos analyst registry (AAR) and the most recent
proficiency testing results.
(c) Renewal requirements. An applicant renewing a license
must submit the documentation as required for the initial application
in subsection (b)(1)-(10) of this section.
(d) Qualification renewal requirements. Licensees must
not allow required qualifications (such as accreditation, DSHS's Physician's
Written Statement form for the responsible person, or insurance requirements)
to expire and continue to work as a licensee.
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