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RULE §295.49Licensure: Asbestos Project Manager

(a) Licensing. An individual must be licensed as an asbestos project manager and must be employed by a licensed asbestos consultant agency to perform in the capacity of the owner's representative to evaluate the quality of the work being performed during an asbestos abatement project. The asbestos project manager may:

  (1) monitor the project to document the standards designed to protect project personnel and building occupants, and the adequacy of controls;

  (2) observe that contractual requirements are being met by the abatement contractor; and

  (3) consult with contractors on behalf of their clients on the selection and use of appropriate personal protective equipment related to the asbestos abatement activities.

(b) Fee. The fee for a two-year license term is $320.

(c) Applications and renewals. Applications shall be submitted as required by §295.38 of this title (relating to Licensing and Registrations: Applications and Renewals). Out-of-state applicants must comply with §295.39 of this title (relating to Licensing and Registration: Out-of-State Applicants).

(d) Qualifications. To qualify for a license, an applicant must provide:

  (1) a high school diploma or a GED certificate;

  (2) a certificate of training from a training provider approved by or acceptable to the department indicating successful completion within the past 12 months of the approved course for abatement contractors and project supervisors or the annual refresher training as described in §295.64 of this title (relating to Training: Required Asbestos Training Courses);

  (3) a physician's statement of the required physical examination done within the past year as described in §295.42(e)(2) of this title (relating to Registration: Asbestos Abatement Workers) and submitted on the Texas Department of Health (department's) "Physician's Written Statement" form only;

  (4) a copy of the wallet-size photo-identification card from the training course as required from all trainers in Texas in accordance with §295.65(f)(2) of this title (relating to Training: Approval of Training Courses). Persons submitting out-of-state training certificates with their applications may obtain the necessary photo-identification when attending the mandatory course on Texas asbestos rules, as required in accordance with §295.64(h) of this title;

  (5) a current one-inch by one-inch photograph of the face. The photograph submitted to the department for licensing purposes must have a white background; and

  (6) proof of successfully passing the department examination for asbestos abatement contractors and project supervisors.

(e) Responsibilities. To verify these sections are complied with, it is required that the project manager be on the project site when abatement activities are being performed. Those responsibilities and duties that shall be assumed by the asbestos project manager include observance and monitoring of compliance with:

  (1) licensing standards of operation, as described in §295.58 of this title (relating to Operations: General Requirements);

  (2) standards of operation including EPA and OSHA regulations adopted by reference in §295.33 of this title (relating to Adoption by Reference of Federal Standards);

  (3) additional work practices, as described in §295.60 of this title (relating to Operations: Abatement Practices and Procedures);

  (4) standards covering maintenance of records at both the department central office and work site locations, as described in §295.62 of this title (relating to Operations: Recordkeeping);

  (5) standards and practices for operations and maintenance activities, according to §295.59 of this title (relating to Operations: Operations and Maintenance (O&M) Activities); and

  (6) assisting department personnel in the discharge of their official duties to conduct inspections and investigations, as described in §295.68 of this title (relating to Compliance: Inspections and Investigations).

Source Note: The provisions of this §295.49 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; amended to be effective February 1, 2006, 31 TexReg 400

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