Text: SF00284 Text: SF00286 Text: SF00200 - SF00299 Text: SF 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 and commercial building" means 1 4 a building which is not a school building, except that the 1 5 term does not include a residential apartment building of 1 6 fewer than ten units. 1 7 Sec. 2. Section 88B.2, Code 1995, is amended to read as 1 8 follows: 1 9 88B.2 PERMIT REQUIRED &endash; APPLICATION, QUALIFICATIONS, AND 1 10 EXCEPTIONS. 1 11 1. To qualify for a permit, a business entity shall submit 1 12 an application to the division in the form required by the 1 13 division and pay the prescribed fee. 1 14 2. Except as otherwise provided in thischaptersection, a 1 15 business entity shall not engage in the removal or 1 16 encapsulation of asbestos unless the entity holds a permit for 1 17 that purpose. Thischaptersection does not apply to a 1 18 business entity which uses its own employees in removing or 1 19 encapsulating asbestos for the purpose of renovating, 1 20 maintaining, or repairing its own facilities, except that a1 21business entity exempted from this chapter which assigns an1 22employee to remove or encapsulate asbestos shall provide1 23training on the health and safety aspects of the removal or1 24encapsulation including the federal and state standards1 25applicable to the asbestos project.The training program1 26shall be available for review and approval upon inspection by1 27the division.1 28 Sec. 3. Section 88B.3, subsection 3, Code 1995, is amended 1 29 to read as follows: 1 30 3. The commissioner shall prescribe fees for the issuance 1 31 and renewal of licenses,andpermits, and training course 1 32 approval or accreditation. The fees shall be based on the 1 33 costs of licensing,andpermitting andother costs of1 34 administering this chapter, and shall give due regard to the 1 35 time spent by personnel of the division in performing duties 2 1 and to any travel expenses incurred. All fees provided for in 2 2 this chapter shall be collected by the commissioner and 2 3 remitted to the treasurer of state for deposit in the general 2 4 fund of the state. 2 5 Sec. 4. Section 88B.4, Code 1995, is amended by striking 2 6 the section and inserting in lieu thereof the following: 2 7 88B.4 PERMIT &endash; TERM, RENEWAL, AND RECORDS REQUIRED. 2 8 1. A permit expires on the first anniversary of its 2 9 effective date, unless it is renewed for a one-year term as 2 10 provided in this section. 2 11 2. At least one month before the permit expires, the 2 12 division shall send to the permittee, at the last known 2 13 address of the permittee, a renewal notice that states all of 2 14 the following: 2 15 a. The date on which the current permit expires. 2 16 b. The date by which the renewal application must be 2 17 received by the division for the renewal to be issued and 2 18 mailed before the permit expires. 2 19 c. The amount of the renewal fee. 2 20 3. Before the permit expires, the permittee may renew it 2 21 for an additional one-year term, if the business entity: 2 22 a. Otherwise is entitled to a permit. 2 23 b. Submits a renewal application to the division in the 2 24 form required by the division. 2 25 c. Pays the renewal fee prescribed by the division. 2 26 4. The permittee shall keep a record of each asbestos 2 27 project it performs and shall make the record available to the 2 28 division at any reasonable time. Records shall contain 2 29 information and be kept for a time prescribed in rules adopted 2 30 by the division. 2 31 Sec. 5. Section 88B.5, Code 1995, is amended by striking 2 32 the section and inserting in lieu thereof the following: 2 33 88B.5 WAIVERS AND ALTERNATIVE PROCEDURES. 2 34 1. In an emergency that results from a sudden, unexpected 2 35 event that is not a planned renovation or demolition, the 3 1 commissioner may waive the requirement for a permit. 3 2 2. If the business entity is not primarily engaged in the 3 3 removal or encapsulation of asbestos, the commissioner may 3 4 waive the requirement for a permit if worker protection 3 5 requirements are met. 3 6 3. The division shall not approve any waivers on work 3 7 conducted at a school or a public or commercial building 3 8 unless the request is accompanied by a recommendation from an 3 9 asbestos project designer. 3 10 Sec. 6. Section 88B.6, Code 1995, is amended by striking 3 11 the section and inserting in lieu thereof the following: 3 12 88B.6 LICENSING OF ASBESTOS WORKERS. 3 13 1. APPLICATION. 3 14 a. To apply for a license, an individual shall submit an 3 15 application to the division in the form required by the 3 16 division and shall pay the prescribed fee. 3 17 b. The application shall include information prescribed by 3 18 rules adopted by the commissioner. 3 19 c. A license is valid for one year from the completion 3 20 date of the required training and may be renewed by providing 3 21 information as required in subsection 2, paragraphs "e" and 3 22 "f". 3 23 2. QUALIFICATIONS. 3 24 a. An individual person is not eligible to be a contractor 3 25 or supervisor, or to work on an asbestos project, unless the 3 26 person holds a license issued by the division. 3 27 b. An individual person is not eligible to be an inspector 3 28 for asbestos-containing building material in a school or a 3 29 public or commercial building unless the person holds a 3 30 license issued by the division. 3 31 c. An individual person is not eligible to be an asbestos 3 32 management planner for a school or a public or commercial 3 33 building unless the person holds a license issued by the 3 34 division. 3 35 d. An individual person is not eligible to be an asbestos 4 1 project designer for a school or a public or commercial 4 2 building unless the person holds a license issued by the 4 3 division. 4 4 e. To qualify for a license, the applicant must have 4 5 successfully completed training as established by the 4 6 division, paid a fee, and met other requirements as specified 4 7 by the division by rule. 4 8 f. To qualify for a license as an asbestos abatement 4 9 worker, supervisor, or contractor, the applicant must have 4 10 been examined by a physician within the preceding year and 4 11 declared by the physician to be physically capable of working 4 12 while wearing a respirator. 4 13 3. EXCEPTION. A license is not required of an employee 4 14 employed by an employer exempted under section 88B.2, 4 15 subsection 2, provided the employee is trained on appropriate 4 16 removal or encapsulation procedures, safety and health issues 4 17 regarding asbestos removal or encapsulation, and federal and 4 18 state standards applicable to the asbestos project. The 4 19 training program shall be available for review and approval 4 20 upon inspection by the division. 4 21 Sec. 7. Section 88B.7, Code 1995, is amended by striking 4 22 the section and inserting in lieu thereof the following: 4 23 88B.7 ACCREDITATION OF TRAINING COURSES. 4 24 The division shall adopt rules for the accreditation of 4 25 training courses including the qualifications for courses, 4 26 fees to be charged for accreditation and renewal, and testing 4 27 of attendees. 4 28 Sec. 8. Section 88B.8, Code 1995, is amended to read as 4 29 follows: 4 30 88B.8 REPRIMANDS, SUSPENSIONS AND REVOCATIONS. 4 31 1. The division mayreprimand a permittee or licensee or4 32 suspend,orrevoke, or deny a permit or license, in accordance 4 33 with chapter 17A, if the permittee or licensee does any of the 4 34 following: 4 35 a. Fraudulently or deceptively obtains or attempts to 5 1 obtain a permit or license. 5 2 b. Fails at any time to meet the qualifications for a 5 3 permit or license or to comply with a rule adopted by the 5 4 commissioner under this chapter. 5 5 c. Fails to meet any applicable federal or state standard 5 6 for removal or encapsulation of asbestos. 5 7 d. Employs or permits an unlicensed person to work on an 5 8 asbestos project. 5 9 2. Thedepartment of educationdivision mayreprimand a5 10training institution orsuspend,orrevoke, or deny a training 5 11 institutionauthorizationaccreditation in accordance with 5 12 chapter 17A, if the training institution does any of the 5 13 following: 5 14 a. Fraudulently or deceptively obtains or attempts to 5 15 obtain a trainingauthorizationaccreditation. 5 16 b. Fails at any time to meet the qualifications for 5 17authorizationaccreditation or to comply with a rule adopted 5 18 by thedirector of the department of educationcommissioner 5 19 under this chapter. 5 20 c. Fails to meet any applicable federal or state standard 5 21 for training. 5 22 Sec. 9. Sections 88B.9, 88B.10, and 88B.13, Code 1995, are 5 23 repealed. 5 24 Sec. 10. The Code editor shall reverse the order of 5 25 sections 88B.2 and 88B.3 and shall renumber other sections of 5 26 chapter 88B as appropriate. 5 27 SF 285 5 28 ec/cc/26
Text: SF00284 Text: SF00286 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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