88BASBESTOS REMOVAL AND ENCAPSULATION88B.1Definitions.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, §12023 Acts, ch 19, §1774, 177588B.2Jurisdiction of other agencies.This chapter shall not be construed to prevent the department of natural resources from implementing and enforcing the federal national emission standard for asbestos under 40 C.F.R. pt. 61, subpt. M, and other relevant provisions of environmental law.2007 Acts, ch 125, §388B.3Administration rules fees inspections.1The director shall administer this chapter.2The director shall adopt, in accordance with chapter 17A, rules necessary to carry out the provisions of this chapter.3The director shall prescribe fees for the issuance and renewal of licenses and permits. The fees shall be based on the costs of licensing, permitting, and administering this chapter, including time spent by personnel of the department in performing duties and any travel expenses incurred. All fees provided for in this chapter shall be collected by the director and remitted to the treasurer of state for deposit in the general fund of the state.4At least once a year, during an actual asbestos project, the department shall conduct an on-site inspection of each permittee’s procedures for removing and encapsulating asbestos.84 Acts, ch 1062, §3; 86 Acts, ch 1245, §917; 92 Acts, ch 1163, §20; 94 Acts, ch 1057, §1; 96 Acts, ch 1074, §32023 Acts, ch 19, §177688B.3APermit required — application, qualifications, and exceptions.1To 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.2A 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.84 Acts, ch 1062, §2C85, §88B.289 Acts, ch 38, §2; 90 Acts, ch 1136, §3; 96 Acts, ch 1074, §2, 9C97, §88B.3A2023 Acts, ch 19, §177788B.4Permit term, renewal, and records required.1A permit expires on the first anniversary of its effective date, unless it is renewed for a one-year term as provided in this section.2At 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:aThe date on which the current permit expires.bThe date by which the renewal application must be received by the department for the renewal to be issued and mailed before the permit expires.cThe amount of the renewal fee.3Before the permit expires, the permittee may renew it for an additional one-year term, if the business entity meets the following conditions:aIs otherwise entitled to a permit.bSubmits a renewal application to the department in the form required by the department.cPays the renewal fee prescribed by the department.4The 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, §192023 Acts, ch 19, §177888B.5Waivers and alternative procedures.1In 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.2If 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.3The 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, §52023 Acts, ch 19, §177988B.6Licensing of asbestos workers.1Application.aTo 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.bThe application shall include information prescribed by rules adopted by the director.cA 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”.2Qualifications.aAn individual is not eligible to be or do any of the following unless the person obtains a license from the department:1A contractor or supervisor, or to work on an asbestos project.2An inspector for asbestos-containing building material in a school or a public or commercial building.3An asbestos management planner for a school building.4An asbestos project designer for a school or a public or commercial building.bTo 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.cTo 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.3Exception.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, §32023 Acts, ch 19, §1780 – 178288B.7Repealed by 96 Acts, ch 1074, §8. 88B.8Denials, 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:1Fraudulently or deceptively obtains or attempts to obtain a permit or license.2Fails 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.3Fails to meet any applicable federal or state standard for removal or encapsulation of asbestos.4Employs or permits an unlicensed or untrained person to work on an asbestos project.84 Acts, ch 1062, §8; 89 Acts, ch 38, §7; 96 Acts, ch 1074, §72023 Acts, ch 19, §1783, 178488B.9Repealed by 96 Acts, ch 1074, §8. 88B.10Repealed by 96 Acts, ch 1074, §8. 88B.11Bids 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.84 Acts, ch 1062, §11; 94 Acts, ch 1057, §4; 2007 Acts, ch 125, §22023 Acts, ch 19, §178588B.12Penalties.1A person or business entity who willfully violates a provision of this chapter or a rule adopted pursuant to this chapter shall be assessed a civil penalty of not more than five thousand dollars for each violation.2A person or business entity who previously has been assessed a civil penalty under this section, and who willfully violates a provision of this chapter or a rule adopted pursuant to this chapter:aFor a first offense, is guilty of a simple misdemeanor and shall be fined not to exceed twenty thousand dollars.bFor a second or subsequent offense, is guilty of an aggravated misdemeanor and shall be fined not to exceed twenty-five thousand dollars or imprisoned for not to exceed two years, or both.84 Acts, ch 1062, §1288B.13Repealed by 96 Acts, ch 1074, §8.