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RULE §295.50Licensure: Asbestos Inspector

(a) Licensing. An individual must be licensed as an asbestos inspector to conduct asbestos surveys in public buildings. To perform surveys, an asbestos inspector must be employed by a licensed asbestos consultant agency or licensed asbestos management planner agency. The scope of duties include the collection of bulk samples of suspected asbestos-containing building material (ACBM); determining the location and condition of ACBM and suspect ACBM in a public building; and documenting inspection results. This license is not required for a licensed management planner; however, the management planner must provide documentation of completion of the inspectors course or refresher when renewing a management planner license.

(b) Fee. The fee for a two-year license term is $130.

(c) Applications and renewals. Applications shall be submitted as required by §295.38 of this title (relating to Licensing and Registration: 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 GED certificate;

  (2) a certificate of training from a training provider approved by or acceptable to the department indicating successful completion of approved three-day training course for asbestos inspectors 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 department's "Physician's Written Statement" form only;

  (4) proof of work experience includes participation in at least five asbestos surveys performed under the direct supervision of a licensed management planner, licensed asbestos inspector, or licensed asbestos consultant;

  (5) 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;

  (6) 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

  (7) proof of successfully passing the department examination for asbestos inspector, if required.

(e) Responsibilities. The asbestos inspector shall:

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

  (2) comply with guidelines for sampling schemes as presented in training course materials, or as required by consultant or management planner; and

  (3) cooperate with 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).

(f) Signature. All asbestos building surveys or inspections must be signed by the licensed inspectors performing the inspections and the consultant or management planner.

Source Note: The provisions of this §295.50 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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