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RULE §295.53Licensure: Asbestos Management Planner Agency

(a) Licensing. A company, employing an individual management planner and one or more additional management planners or inspectors must be licensed as an asbestos management planner agency. An applicant desiring to be an asbestos management planner agency shall designate one or more individuals licensed as asbestos management planners as their responsible persons, who shall have responsibility for the asbestos activity.

(b) Scope. The agency may perform all responsibilities allowed an individual management planner and may also perform surveys if the appropriate individuals are licensed to do so.

(c) Authorization and conditions. A licensed management planner agency is specifically authorized to employ asbestos management planners and asbestos inspectors who are currently licensed under these sections to assist in the conduct and fulfillment of the agency's asbestos management planning activity, as necessary. As a condition of licensure, an asbestos management planner agency must comply with the following:

  (1) any office, established within the state, that conducts asbestos management planning activities must have at least one licensed asbestos management planner in residence who is responsible for such activities. Offices that do not conduct asbestos management planning activities and do not advertise such services are exempt from this requirement;

  (2) notify the department in writing of any additions or deletions of responsible individual asbestos management planners within 10 days of such occurrences;

  (3) refrain entirely from asbestos management planning activity at any office during any period without the active employment of at least one responsible individual licensed as an asbestos management planner at that location; and

  (4) refrain entirely from creating a conflict of interest by not performing as an asbestos abatement contractor doing asbestos abatement or operations and maintenance activities and acting as a management planner preparing the survey or management plans for the same public building project.

(d) Fee. The fee for a two-year license term is $430.

(e) Applications and renewals. Applications and renewals 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).

(f) Qualification for licensing. Applicants for licensing as an asbestos management planner agency shall submit the following:

  (1) professional liability insurance coverage for errors and omissions in the amount of $1 million to cover the asbestos management planners and inspectors in its employ; and

  (2) if the applicant is situated outside the State of Texas, a certificate of authority issued by the Texas Secretary of State, authorizing the corporation to do business in this state.

(g) Responsibilities. A licensed asbestos management planner agency shall be responsible for:

  (1) employing generally accepted principles and practices in performing asbestos surveys and producing asbestos management plans;

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

  (3) complying with the responsibilities for the individual licenses as listed in §295.50 of this title (relating to Licensure: Asbestos Inspector) and §295.51 of this title (relating to Licensure: Individual Asbestos Management Planner).

Source Note: The provisions of this §295.53 adopted 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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