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RULE §296.62Asbestos Project Manager

(a) License required. A person must be licensed as an asbestos project manager and have written delegated authority, as required in §296.58(b)(1)(J) of this chapter (relating to Asbestos Consultant) to perform asbestos project monitoring in a public building.

(b) Licensee scope of practice.

  (1) An asbestos project manager must be employed by a licensed asbestos consultant agency to monitor compliance with this chapter and the specifications and plans, on behalf of the building owner, during an asbestos abatement project.

  (2) An asbestos project manager may:

    (A) perform project monitoring as required in §296.58(c)(11) of this chapter;

    (B) recommend to the asbestos consultant changes to the asbestos abatement specifications and plans; and

    (C) assist the asbestos consultant in the development of an asbestos exposure assessment.

(c) Licensee responsibilities. An asbestos project manager must, consistent with the scope of the project manager's delegated authority in accordance with subsection (a) of this section and §296.58(b)(1)(J) of this chapter, as applicable;

  (1) provide project monitoring as required in §296.58(c)(11) of this chapter and provide the consultant with all project documents after completion of the project;

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

  (3) maintain records on-site, as required in §296.291 of this chapter (relating to Recordkeeping).

(d) Project manager licensed before the effective date of this section. A project manager who is issued a license before the effective date of this section may continue to perform work with and renew that license based upon the eligibility and renewal requirements of the Texas Asbestos Health Protection rule that was in effect when the license was issued. If an asbestos project manager fails to timely renew the license and the license remains expired for one year or more, the license may not be renewed. The former asbestos project manager may re-apply for an initial license by meeting all education, work experience, and other application requirements for initial licensure under §296.46 of this chapter (relating to Initial and Renewal Licensure Requirements for an Individual).

Source Note: The provisions of this §296.62 adopted to be effective July 8, 2021, 46 TexReg 3880

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