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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 295OCCUPATIONAL HEALTH
SUBCHAPTER CTEXAS ASBESTOS HEALTH PROTECTION
RULE §295.34Asbestos Management in Facilities and Public Buildings

    (J) laboratory hoods/table tops;

    (K) fire blankets/curtains;

    (L) elevator equipment panels;

    (M) elevator brake shoes;

    (N) ductwork flexible fabric connections;

    (O) cooling towers;

    (P) heating and electrical ducts;

    (Q) electrical panel partitions;

    (R) electrical cloth/electrical wiring insulation;

    (S) chalkboards;

    (T) roofing shingles/tiles;

    (U) roofing felt;

    (V) base flashing;

    (W) fire doors;

    (X) caulking/putties;

    (Y) adhesives/mastics; and

    (Z) wallboard.

(k) The department may exempt a demolition or renovation project from the TAHPA/NESHAP rules relating to demolition and renovation activities if:

  (1) the project has received an exemption from the United States Environmental Protection Agency exempting the project from federal regulations; or

  (2) the board determines that:

    (A) the project will use methods for the abatement or removal of asbestos that provide protection for the public health and safety at least equivalent to the protection provided by the procedures required under board rule for the abatement or removal of asbestos; and

    (B) the project does not violate federal law.

(l) Survey Required.

  (1) In this section, "permit" means a license, certificate, approval, registration, consent, permit, or other form of authorization that a person is required by law, rule, regulation, order, or ordinance to obtain to perform an action, or to initiate, continue, or complete a project, for which the authorization is sought.

  (2) A municipality that requires a person to obtain a permit before renovating or demolishing a public or commercial building may not issue the permit unless the applicant provides:

    (A) evidence acceptable to the municipality that an asbestos survey, as required by this Act, of all parts of the building affected by the planned renovation or demolition has been completed by a person licensed under this Act to perform a survey; or

    (B) a certification from a licensed engineer or architect, stating that:

      (i) the engineer or architect has reviewed the material safety data sheets for the materials used in the original construction, the subsequent renovations or alterations of all parts of the building affected by the planned renovation or demolition, and any asbestos surveys of the building previously conducted in accordance with this Act; and

      (ii) in the engineer's or architect's professional opinion, all parts of the building affected by the planned renovation or demolition do not contain asbestos.


Source Note: The provisions of this §295.34 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

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