As used in
this chapter, unless the context otherwise requires:
1. “Asbestos project” means an activity involving the removal or encapsulation of asbestos and affecting a building or structure. “Asbestos project” includes the preparation of the project site and all activities through the transportation of the asbestos-containing materials
off the premises. “Asbestos project” includes the removal or encapsulation of building materials containing asbestos from the site of a building or structure
renovation, demolition, or collapse.
2. “Business entity” means a partnership, firm, association, corporation, sole proprietorship, or other business concern.
3. “Department” means the department of inspections, appeals, and licensing.
4. “Director” means the director of the department of inspections, appeals, and licensing.
5. “License” means an authorization issued by the department permitting an individual person, including a supervisor or contractor, to
work on an asbestos project, to inspect buildings for asbestos-containing building materials, to develop management plans,
and to act as an asbestos project designer.
6. “Permit” means an authorization issued by the department permitting a business entity to remove or encapsulate asbestos.
7. “Public or commercial building” means a building that is not a residential apartment building of fewer than ten units or a school building.
84 Acts, ch 1062, §1;
86 Acts, ch 1245, §916;
89 Acts, ch 38, §1;
96 Acts, ch 1074, §1;
96 Acts, ch 1186, §23;
2007 Acts, ch 125, §1; 2023 Acts, ch 19, §1774, 1775
88B.3A Permit required — application, qualifications, and exceptions.
1. To qualify for a permit, a business entity shall submit an application to the department in the form required by the department
and pay the prescribed fee.
2. A business entity engaging in the removal or encapsulation of asbestos shall hold a permit for that purpose unless the business
entity is removing or encapsulating asbestos at its own facilities.
88B.4 Permit — term, renewal, and records required.
1. A permit expires on the first anniversary of its effective date, unless it is renewed for a one-year term as provided in this section.
2. At least one month before the permit expires, the department shall send to the permittee, at the last known address of the
permittee, a renewal notice that states all of the following: a. The date on which the current permit expires.
b. The date by which the renewal application must be received by the department for the renewal to be issued and mailed before
the permit expires.
c. The amount of the renewal fee.
3. Before the permit expires, the permittee may renew it for an additional one-year term, if the business entity meets the following
conditions: a. Is otherwise entitled to a permit.
b. Submits a renewal application to the department in the form required by the department.
c. Pays the renewal fee prescribed by the department.
4. The permittee shall keep a record of each asbestos project it performs and shall make the record available to the department
at any reasonable time. Records shall contain information and be kept for a time prescribed in rules adopted by the department.
84 Acts, ch 1062, §4;
89 Acts, ch 38, §3;
96 Acts, ch 1074, §4;
96 Acts, ch 1219, §19; 2023 Acts, ch 19, §1778
88B.5 Waivers and alternative procedures.
1. In an emergency that results from a sudden, unexpected event that is not a planned renovation or demolition, the director
may waive the requirement for a permit.
2. If the business entity is not primarily engaged in the removal or encapsulation of asbestos, the director may waive the requirement
for a permit if worker protection requirements are met.
3. The department shall not approve any waivers on work conducted at a school, public, or commercial building unless the request
is accompanied by a recommendation from an asbestos project designer.
84 Acts, ch 1062, §5;
89 Acts, ch 38, §4;
94 Acts, ch 1057, §2;
96 Acts, ch 1074, §5; 2023 Acts, ch 19, §1779
88B.6 Licensing of asbestos workers.
1. Application.
a. To apply for a license, an individual shall submit an application to the department in the form required by the department
and shall pay the prescribed fee.
b. The application shall include information prescribed by rules adopted by the director.
c. A license is valid for one year from the completion date of the required training and may be renewed by providing information
as required in subsection 2, paragraphs “b” and “c”.
2. Qualifications.
a. An individual is not eligible to be or do any of the following unless the person obtains a license from the department: (1) A contractor or supervisor, or to work on an asbestos project.
(2) An inspector for asbestos-containing building material in a school or a public or commercial building.
(3) An asbestos management planner for a school building.
(4) An asbestos project designer for a school or a public or commercial building.
b. To qualify for a license, the applicant must have successfully completed training as established by the United States environmental
protection agency, paid a fee, and met other requirements as specified by the department by rule.
c. To qualify for a license as an asbestos abatement worker, supervisor, or contractor, the applicant must have been examined
by a physician within the preceding year and declared by the physician to be physically capable of working while wearing a
respirator.
3. Exception.
A license is not required of an employee employed by an employer exempted from the permit requirement of section 88B.3A, subsection 2, if the employee is trained on appropriate removal or encapsulation procedures, safety, and health issues regarding asbestos
removal or encapsulation, and federal and state standards applicable to the asbestos project.
84 Acts, ch 1062, §6;
89 Acts, ch 38, §5;
96 Acts, ch 1074, §6;
97 Acts, ch 40, §3; 2023 Acts, ch 19, §1780 – 1782
88B.8 Denials, suspensions, and revocations.
The department may deny, suspend, or revoke a permit or license, in accordance with
chapter 17A, if the permittee or licensee does any of the following:
1. Fraudulently or deceptively obtains or attempts to obtain a permit or license.
2. Fails at any time to meet the qualifications for a permit or license or to comply with a rule adopted by the director under
this chapter.
3. Fails to meet any applicable federal or state standard for removal or encapsulation of asbestos.
4. Employs or permits an unlicensed or untrained person to work on an asbestos project.
88B.11 Bids for governmental projects.
A state agency or political subdivision shall not accept a bid in connection with any asbestos project from a business entity
that does not hold a permit from the department at the time the bid is submitted, unless the business entity provides the
state agency or political subdivision with written proof that ensures that the business entity has contracted to have the
asbestos removal or encapsulation performed by a licensed asbestos contractor.