Text: HSB00570 Text: HSB00572 Text: HSB00500 - HSB00599 Text: HSB 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 &endash; 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 entity shall not engage in the removal or 1 15 encapsulation of asbestos unless the entity holds a permit for 1 16 that purpose. This chapter does not apply to aor unless the 1 17 business entitywhichuses its own employees in removing or 1 18 encapsulating asbestos for the purpose of renovating, 1 19 maintaining, or repairing its own facilities, except that a1 20business entity exempted from this chapter which assigns an1 21employee to remove or encapsulate asbestos shall provide1 22training on the health and safety aspects of the removal or1 23encapsulation including the federal and state standards1 24applicable to the asbestos project.The training program1 25shall be available for review and approval upon inspection by1 26the 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 &endash; 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 "e" and 3 20 "f". 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 3 35 department of education, paid a fee, and met other 4 1 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.7, Code 1995, is amended by striking 4 15 the section and inserting in lieu thereof the following: 4 16 88B.7 ACCREDITATION OF TRAINING COURSES. 4 17 The department of education shall adopt rules pursuant to 4 18 chapter 17A for the accreditation of training courses, 4 19 including the qualifications for courses, fees to be charged 4 20 for the accreditation and renewal, and testing of attendees. 4 21 Sec. 8. Section 88B.8, Code 1995, is amended to read as 4 22 follows: 4 23 88B.8 REPRIMANDS, SUSPENSIONS, DENIALS, AND REVOCATIONS. 4 24 1. The division mayreprimand a permittee or licensee or4 25 deny, suspend, or revoke a permit or license, in accordance 4 26 with chapter 17A, if the permittee or licensee does any of the 4 27 following: 4 28 a. Fraudulently or deceptively obtains or attempts to 4 29 obtain a permit or license. 4 30 b. Fails at any time to meet the qualifications for a 4 31 permit or license or to comply with a rule adopted by the 4 32 commissioner under this chapter. 4 33 c. Fails to meet any applicable federal or state standard 4 34 for removal or encapsulation of asbestos. 4 35 d. Employs or permits an unlicensed or untrained person to 5 1 work on an asbestos project. 5 2 2. The department of education may reprimand a training 5 3 institution or deny, suspend, or revoke a training institution 5 4authorizationaccreditation in accordance with chapter 17A, if 5 5 the training institution does any of the following: 5 6 a. Fraudulently or deceptively obtains or attempts to 5 7 obtain a trainingauthorizationaccreditation. 5 8 b. Fails at any time to meet the qualifications for 5 9authorizationaccreditation or to comply with a rule adopted 5 10 by the director of the department of education under this 5 11 chapter. 5 12 c. Fails to meet any applicable federal or state standard 5 13 for training. 5 14 Sec. 9. REPEAL. Sections 88B.9, 88B.10, and 88B.13, Code 5 15 1995, are repealed. 5 16 Sec. 10. CODE EDITING. The Code editor shall reverse the 5 17 order of sections 88B.2 and 88B.3. 5 18 EXPLANATION 5 19 This bill reorders chapter 88B of the Iowa Code, the 5 20 asbestos removal and encapsulation chapter, permits the 5 21 division of labor services of the department of employment 5 22 services to deny a permit or license to an individual or 5 23 business entity, or, in the case of a training institution, 5 24 the department of education may deny accreditation, for 5 25 circumstances for which the departments may currently suspend 5 26 or revoke a permit, license, or training authorization. To 5 27 meet federal requirements, the bill also expands the training 5 28 requirements and applies licensing provisions beyond those 5 29 asbestos abatement workers working in schools to those working 5 30 in public and commercial buildings. 5 31 Under current law, the labor commissioner is permitted to 5 32 base fees for the issuance and renewal of licenses and permits 5 33 for asbestos removal and encapsulation on the costs of 5 34 administering the chapter. The bill stipulates that the costs 5 35 of administering the chapter include the time spent by 6 1 personnel of the division in performing duties and travel 6 2 expenses incurred. 6 3 Much of the language in the bill is current law, but the 6 4 language has been repositioned without significantly altering 6 5 the language. However, current law places the responsibility 6 6 of approving training courses on the department of education. 6 7 Under the bill, the department of education is responsible for 6 8 accrediting training courses. 6 9 BACKGROUND STATEMENT 6 10 SUBMITTED BY THE AGENCY 6 11 Congress reauthorized the Asbestos School Hazard Abatement 6 12 Reauthorization Act of 1990 in 1994, and extended the law that 6 13 previously only covered school buildings to include public and 6 14 commercial buildings. It also requires states to upgrade the 6 15 training requirements that individuals must receive to work in 6 16 asbestos abatement. 6 17 Currently, asbestos licenses are available to individuals 6 18 and permits to businesses, but the license and permit 6 19 requirements are mixed within chapter 88B. The department of 6 20 education approves the training program for asbestos abatement 6 21 workers in the school systems. No one accredits training 6 22 programs for public and commercial buildings. 6 23 LSB 3286DP 76 6 24 kh/jj/8
Text: HSB00570 Text: HSB00572 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: House Bills and Amendments (76th General Assembly)
© 1996 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Thu Feb 8 16:38:58 CST 1996
URL: /DOCS/GA/76GA/Legislation/HSB/00500/HSB00571/960205.html
jhf