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RULE §296.53Asbestos Inspector

(a) License required. A person must be licensed as an asbestos inspector to conduct an asbestos survey in a public building.

(b) Licensee scope of practice.

  (1) An asbestos inspector may:

    (A) determine the location and assess the condition of suspect ACBM in a public building;

    (B) determine that ACBM is present in a public building by collecting bulk samples of suspected ACBM or assuming the suspected ACBM is ACM; and

    (C) develop an asbestos survey report.

  (2) An asbestos inspector must be employed by a licensed asbestos consultant agency or a licensed asbestos management planner agency to perform an asbestos survey in a public building.

(c) Licensee responsibilities. An asbestos inspector must:

  (1) comply with standards of operation and sampling schemes, as required in §296.191 of this chapter (relating to Asbestos Management in a Public Building, Commercial Building, or Facility);

  (2) prepare an asbestos survey report that includes, at a minimum:

    (A) for a public building:

      (i) a written description, diagram, or both that clearly and accurately identifies and reflects:

        (I) the location and boundaries of each homogeneous area of suspected ACBM that is assumed to be ACM or was sampled for ACM;

        (II) the sampling location for each bulk sample; and

        (III) the dates that each sample was collected;

      (ii) a written description of:

        (I) the manner used to determine sampling locations;

        (II) the estimated amount of ACBM in each homogeneous area in square feet or, for ACBM on piping, in linear feet;

        (III) the type of material sampled; and

        (IV) the condition and friability of the ACBM, and the assessment of ACBM must conform to generally accepted industry standards, such as the AHERA requirements specified in 40 CFR Part 763, Subpart E (relating to Asbestos-Containing Materials in Schools), §763.88(b), which is the required method for schools;

      (iii) the name, signature, and, as applicable, based upon the building type, accreditation and state of accreditation or license number of the inspector performing each activity; and

      (iv) a copy of the analyses of any bulk samples, the dates of analyses, and a copy of any other laboratory reports pertaining to the analyses; and

    (B) for a NESHAP facility, a record of the thorough inspection of the affected facility or part of the facility where the demolition or renovation operation will occur for the presence of asbestos, including Category I and Category II nonfriable ACM that identifies:

      (i) the location of ACM; and

      (ii) the inspector that performed the survey;

  (3) sign, date, and print the inspector's name and license number on the cover page of each asbestos survey report; and

  (4) cooperate with DSHS personnel during any inspection or investigation, as required in §296.271 of this chapter (relating to Inspections and Investigations).

Source Note: The provisions of this §296.53 adopted to be effective July 8, 2021, 46 TexReg 3880

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