Text: HF02307 Text: HF02309 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 88B.1, Code 1995, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 7. "Public or commercial building" means 1 4 a building that is not a residential apartment building of 1 5 fewer than ten units or a school building. 1 6 Sec. 2. Section 88B.2, Code 1995, is amended to read as 1 7 follows: 1 8 88B.2 PERMIT REQUIRED – APPLICATION, QUALIFICATIONS, AND 1 9 EXCEPTIONS. 1 10 1. To qualify for a permit, a business entity shall submit 1 11 an application to the division in the form required by the 1 12 division and pay the prescribed fee. 1 13 2.Except as otherwise provided in this chapter, aA 1 14 business entityshall not engageengaging in the removal or 1 15 encapsulation of asbestosunless the entity holdsshall hold a 1 16 permit for that purpose. This chapter does not apply to a1 17 unless the business entitywhich uses its own employees inis 1 18 removing or encapsulating asbestosfor the purpose of1 19renovating, maintaining or repairingat its own facilities,1 20except that a business entity exempted from this chapter which1 21assigns an employee to remove or encapsulate asbestos shall1 22provide training on the health and safety aspects of the1 23removal or encapsulation including the federal and state1 24standards applicable to the asbestos project.The training1 25program shall be available for review and approval upon1 26inspection by the division.1 27 Sec. 3. Section 88B.3, subsection 3, Code 1995, is amended 1 28 to read as follows: 1 29 3. The commissioner shall prescribe fees for the issuance 1 30 and renewal of licenses and permits. The fees shall be based 1 31 on the costs of licensing,andpermitting, andother costs of1 32 administering this chapter, including time spent by personnel 1 33 of the division in performing duties and any travel expenses 1 34 incurred. All fees provided for in this chapter shall be 1 35 collected by the commissioner and remitted to the treasurer of 2 1 state for deposit in the general fund of the state. 2 2 Sec. 4. Section 88B.4, Code 1995, is amended by striking 2 3 the section and inserting in lieu thereof the following: 2 4 88B.4 PERMIT – TERM, RENEWAL, AND RECORDS REQUIRED. 2 5 1. A permit expires on the first anniversary of its 2 6 effective date, unless it is renewed for a one-year term as 2 7 provided in this section. 2 8 2. At least one month before the permit expires, the 2 9 division shall send to the permittee, at the last known 2 10 address of the permittee, a renewal notice that states all of 2 11 the following: 2 12 a. The date on which the current permit expires. 2 13 b. The date by which the renewal application must be 2 14 received by the division for the renewal to be issued and 2 15 mailed before the permit expires. 2 16 c. The amount of the renewal fee. 2 17 3. Before the permit expires, the permittee may renew it 2 18 for an additional one-year term, if the business entity meets 2 19 the following conditions: 2 20 a. Is otherwise entitled to a permit. 2 21 b. Submits a renewal application to the division in the 2 22 form required by the division. 2 23 c. Pays the renewal fee prescribed by the division. 2 24 4. The permittee shall keep a record containing 2 25 information of each asbestos project it performs and shall 2 26 make the record available to the division at any reasonable 2 27 time. Records shall contain information and be kept for a 2 28 time prescribed in rules adopted by the division. 2 29 Sec. 5. Section 88B.5, Code 1995, is amended by striking 2 30 the section and inserting in lieu thereof the following: 2 31 88B.5 WAIVERS AND ALTERNATIVE PROCEDURES. 2 32 1. In an emergency that results from a sudden, unexpected 2 33 event that is not a planned renovation or demolition, the 2 34 commissioner may waive the requirement for a permit. 2 35 2. If the business entity is not primarily engaged in the 3 1 removal or encapsulation of asbestos, the commissioner may 3 2 waive the requirement for a permit if worker protection 3 3 requirements are met. 3 4 3. The division shall not approve any waivers on work 3 5 conducted at a school, public, or commercial building unless 3 6 the request is accompanied by a recommendation from an 3 7 asbestos project designer. 3 8 Sec. 6. Section 88B.6, Code 1995, is amended by striking 3 9 the section and inserting in lieu thereof the following: 3 10 88B.6 LICENSING OF ASBESTOS WORKERS. 3 11 1. APPLICATION. 3 12 a. To apply for a license, an individual shall submit an 3 13 application to the division in the form required by the 3 14 division and shall pay the prescribed fee. 3 15 b. The application shall include information prescribed by 3 16 rules adopted by the commissioner. 3 17 c. A license is valid for one year from the completion 3 18 date of the required training and may be renewed by providing 3 19 information as required in subsection 2, paragraphs "b" and 3 20 "c". 3 21 2. QUALIFICATIONS. 3 22 a. An individual is not eligible to be or do any of the 3 23 following unless the person obtains a license from the 3 24 division: 3 25 (1) A contractor or supervisor, or to work on an asbestos 3 26 project. 3 27 (2) An inspector for asbestos-containing building material 3 28 in a school or a public or commercial building. 3 29 (3) An asbestos management planner for a school or a 3 30 public or commercial building. 3 31 (4) An asbestos project designer for a school or a public 3 32 or commercial building. 3 33 b. To qualify for a license, the applicant must have 3 34 successfully completed training as established by the United 3 35 States environmental protection agency, paid a fee, and met 4 1 other requirements as specified by the division by rule. 4 2 c. To qualify for a license as an asbestos abatement 4 3 worker, supervisor, or contractor, the applicant must have 4 4 been examined by a physician within the preceding year and 4 5 declared by the physician to be physically capable of working 4 6 while wearing a respirator. 4 7 3. EXCEPTION. A license is not required of an employee 4 8 employed by an employer exempted from the permit requirement 4 9 of section 88B.2, subsection 2, if the employee is trained on 4 10 appropriate removal or encapsulation procedures, safety, and 4 11 health issues regarding asbestos removal or encapsulation, and 4 12 federal and state standards applicable to the asbestos 4 13 project. 4 14 Sec. 7. Section 88B.8, Code 1995, is amended to read as 4 15 follows: 4 16 88B.8 REPRIMANDS, SUSPENSIONS, DENIALS, AND REVOCATIONS. 4 171.The division mayreprimand a permittee or licensee or4 18 deny, suspend, or revoke a permit or license, in accordance 4 19 with chapter 17A, if the permittee or licensee does any of the 4 20 following: 4 21a.1. Fraudulently or deceptively obtains or attempts to 4 22 obtain a permit or license. 4 23b.2. Fails at any time to meet the qualifications for a 4 24 permit or license or to comply with a rule adopted by the 4 25 commissioner under this chapter. 4 26c.3. Fails to meet any applicable federal or state 4 27 standard for removal or encapsulation of asbestos. 4 28d.4. Employs or permits an unlicensed or untrained person 4 29 to work on an asbestos project. 4 302. The department of education may reprimand a training4 31institution or suspend or revoke a training institution4 32authorization in accordance with chapter 17A, if the training4 33institution.4 34a. Fraudulently or deceptively obtains or attempts to4 35obtain a training authorization.5 1b. Fails at any time to meet the qualifications for5 2authorization or to comply with a rule adopted by the director5 3of the department of education under this chapter.5 4c. Fails to meet any applicable federal or state standard5 5for training.5 6 Sec. 8. REPEAL. Sections 88B.7, 88B.9, 88B.10, and 5 7 88B.13, Code 1995, are repealed. 5 8 Sec. 9. CODE EDITING. The Code editor shall reverse the 5 9 order of sections 88B.2 and 88B.3. 5 10 EXPLANATION 5 11 This bill reorders chapter 88B of the Iowa Code, the 5 12 asbestos removal and encapsulation chapter, permits the 5 13 division of labor services of the department of employment 5 14 services to deny a permit or license to an individual or 5 15 business entity, or, in the case of a training institution, 5 16 the department of education may deny accreditation, for 5 17 circumstances for which the departments may currently suspend 5 18 or revoke a permit, license, or training authorization. To 5 19 meet federal requirements, the bill also expands the training 5 20 requirements and applies licensing provisions beyond those 5 21 asbestos abatement workers working in schools to those working 5 22 in public and commercial buildings. 5 23 Under current law, the labor commissioner is permitted to 5 24 base fees for the issuance and renewal of licenses and permits 5 25 for asbestos removal and encapsulation on the costs of 5 26 administering the chapter. The bill stipulates that the costs 5 27 of administering the chapter include the time spent by 5 28 personnel of the division in performing duties and travel 5 29 expenses incurred. 5 30 Much of the language in the bill is current law, but the 5 31 language has been repositioned without significantly altering 5 32 the language. However, current law places the responsibility 5 33 of approving training courses on the department of education. 5 34 The bill strikes language that authorizes the department of 5 35 education to reprimand a training institution or suspend or 6 1 revoke a training institution authorization, and repeals a 6 2 section requiring the department to approve training courses. 6 3 The bill also provides that an applicant must successfully 6 4 complete training as established by the United States 6 5 environmental protection agency to qualify for a license. 6 6 LSB 3286HV 76 6 7 kh/jj/8.1
Text: HF02307 Text: HF02309 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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