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Text: HF02307                           Text: HF02309
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House File 2308

Partial Bill History

Bill Text

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, a A
  1 14 business entity shall not engage engaging in the removal or
  1 15 encapsulation of asbestos unless the entity holds shall hold a
  1 16 permit for that purpose.  This chapter does not apply to a
  1 17 unless the business entity which uses its own employees in is
  1 18 removing or encapsulating asbestos for the purpose of
  1 19 renovating, maintaining or repairing at its own facilities,
  1 20 except that a business entity exempted from this chapter which
  1 21 assigns an employee to remove or encapsulate asbestos shall
  1 22 provide training on the health and safety aspects of the
  1 23 removal or encapsulation including the federal and state
  1 24 standards applicable to the asbestos project.  The training
  1 25 program shall be available for review and approval upon
  1 26 inspection 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, and permitting, and other costs of
  1 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 17    1.  The division may reprimand a permittee or licensee or
  4 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 21    a. 1.  Fraudulently or deceptively obtains or attempts to
  4 22 obtain a permit or license.
  4 23    b. 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 26    c. 3.  Fails to meet any applicable federal or state
  4 27 standard for removal or encapsulation of asbestos.
  4 28    d. 4.  Employs or permits an unlicensed or untrained person
  4 29 to work on an asbestos project.
  4 30    2.  The department of education may reprimand a training
  4 31 institution or suspend or revoke a training institution
  4 32 authorization in accordance with chapter 17A, if the training
  4 33 institution.
  4 34    a.  Fraudulently or deceptively obtains or attempts to
  4 35 obtain a training authorization.
  5  1    b.  Fails at any time to meet the qualifications for
  5  2 authorization or to comply with a rule adopted by the director
  5  3 of the department of education under this chapter.
  5  4    c.  Fails to meet any applicable federal or state standard
  5  5 for 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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