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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 296TEXAS ASBESTOS HEALTH PROTECTION
SUBCHAPTER DLICENSE AND REGISTRATION
RULE §296.58Asbestos Consultant

completion of the removal of containment, final visual inspection of the project site, and loading of ACWM for transport, as applicable, to:

      (i) monitor the asbestos abatement activity by observing, reporting, and documenting that the regulated area, containment, or both is in compliance with this chapter and with the specifications and plans, as applicable;

      (ii) identify and document any issue of noncompliance and corrections needed;

      (iii) document correction of any identified issue of noncompliance with asbestos abatement activity in a regulated area, containment, or both, as applicable, before work proceeds;

      (iv) report any identified issue of noncompliance that was not corrected to DSHS, as required in §296.41(f) of this chapter (relating to License and Registration Requirements);

    (B) consult with and notify the asbestos abatement supervisor of:

      (i) any issue of noncompliance with the provisions of this chapter and the specifications and plans; and

      (ii) corrections that must be made;

    (C) remain on-site and in immediate proximity of the regulated area, or the regulated area and containment, as applicable, at all times when an asbestos abatement activity is being conducted and when ACWM is being loaded for transport into a dumpster or other transport container or vehicle;

  (12) provide project air monitoring, as required in §296.54(b) of this chapter (relating to Asbestos Air Monitoring Technician), either personally or through an air monitoring technician or AMT/PM to whom the consultant has specifically delegated authority and responsibility as required in subsection (b)(1)(J) of this section;

  (13) provide progress records and, when necessary, photographs relating to any professional services undertaken for the building owner;

  (14) provide final close-out documents for each asbestos abatement project to the building owner or the building owner's authorized representative, including:

    (A) baseline and area air monitoring results;

    (B) clearance documentation, including visual inspection and clearance air monitoring results, as required in §296.211 of this chapter (relating to General Requirements for Asbestos Abatement in a Public Building);

    (C) copies of each required license ID card and certification for the consultant's personnel involved in the asbestos abatement project; and

    (D) the asbestos abatement consultant's daily logs;

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

  (16) comply with recordkeeping requirements, as required in §296.291 of this chapter (relating to Recordkeeping).

(d) Consultant licensed before the effective date of this section. An asbestos consultant who is issued a license before the effective date of this section and qualified for licensure with full-qualification membership in a national professional organization may continue to perform work with and renew that license under the eligibility and renewal requirements of the Texas Asbestos Health Protection rules that were in effect when the license was issued. If the asbestos consultant fails to timely renew the license and the license remains expired for one year or more, the license may not be renewed. The asbestos consultant may re-apply for an initial license by meeting all education, work experience, and other application requirements for initial licensure under this section.


Source Note: The provisions of this §296.58 adopted to be effective July 8, 2021, 46 TexReg 3880

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