| (a) Independent third-party air monitoring. The public
building owner or authorized representative must provide for an appropriately
licensed third party to perform area monitoring and project clearance
monitoring for airborne concentrations of asbestos fibers during an
abatement project, as required in §296.211(h)(1) of this chapter
(relating to General Requirements for Asbestos Abatement in a Public
Building). The third party who analyzes an area sample collected during
the abatement project must not be employed or subcontracted for that
purpose by an asbestos abatement contractor hired to conduct the asbestos
abatement project by or for the owner except that an O&M contractor
who owns or manages the building may hire a licensed air monitoring
technician, licensed air monitoring technician project monitor, or
a licensed asbestos consultant to perform air clearance monitoring
for that building as required in §296.213 of this chapter (relating
to Asbestos Operations and Maintenance (O&M) Practices and Procedures
for O&M Licensees in a Public Building).
(b) Licensee conflict of interest.
(1) Without limiting the restrictions of §1954.254
and §1954.255 of the Act, for a project in a public building:
(A) a licensed asbestos consultant or licensed asbestos
consultant agency for the project must not hire a licensed asbestos
abatement contractor for the same project;
(B) a licensed asbestos abatement contractor for the
project must not hire a licensed asbestos consultant or a licensed
asbestos consultant agency for the same project, except that a licensed
asbestos consultant or licensed consultant agency may be hired to
collect and analyze personal samples to evaluate worker exposure,
in accordance with 29 CFR §1926.1101 (relating to Asbestos);
(C) a person that is a licensed asbestos abatement
contractor and licensed asbestos consultant must not act in both capacities
on the same project; and
(D) a licensed asbestos management planner, licensed
asbestos management planner agency, or licensed asbestos inspector
that is also a licensed asbestos abatement contractor must not act
as the asbestos abatement contractor on a project for which the licensee
also performed a survey or, if otherwise authorized by the person's
license, developed the management plan.
(2) A person must not be the responsible person for
two companies that hold the same type of license.
(c) Municipality exemption. Notwithstanding subsection
(b) of this section, a municipality may hire a licensed person to
perform asbestos surveys, write management plans, design abatement
projects, and abate asbestos in the same building or facility, consistent
with the scope of the individual's licensure. This exemption does
not relieve a municipality from the requirements of subsection (a)
of this section. Area and project clearance monitoring activities
must be performed by an independent third party who is not an employee
of the municipality.
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