CHAPTER 6. REGULATION OF ASBESTOS AND ASBESTOS CONTRACTORS
IC 13-17-6
Chapter 6. Regulation of Asbestos and Asbestos Contractors
IC 13-17-6-1
Asbestos emission control; program for accreditation of personsengaged in inspection, management, or abatement; licensing ofcontractors
Sec. 1. (a) This section does not apply to a person making aninspection under the authority of IC 22-8-1.1.
(b) The board shall adopt rules under IC 4-22-2 requiring thecommissioner to establish a program for the following:
(1) The accreditation of persons engaged in the inspection,management, or abatement of asbestos containing material.
(2) The licensing of asbestos contractors.
(c) The board shall, in the rules adopted under this section, do thefollowing:
(1) Prohibit a person without accreditation or an asbestoscontractor without a license from engaging in the inspection,management, or abatement of asbestos containing material at:
(A) elementary and secondary schools; and
(B) facilities subject to:
(i) United States Environmental Protection Agencyregulations; or
(ii) rules of the board;
pertaining to asbestos emission control.
(2) Require training and examination as a precondition toaccreditation.
(3) Require periodic retraining and reexamination to maintainaccreditation.
(4) Establish minimum requirements for the issuance of anasbestos contractor license, including a requirement that allworkers employed by an asbestos contractor to inspect, manage,or abate asbestos containing material be accredited under theprogram established under this section.
(5) Extend the applicability of the accreditation and licensingrequirements to other facilities as determined by the board.
(6) Exempt from accreditation and licensing requirements aperson that performs work:
(A) on a private residential dwelling and commercialresidential building with fewer than five (5) dwelling units;and
(B) during an emergency that results from a sudden andunexpected event that is not a planned asbestos project.
As added by P.L.1-1996, SEC.7.
IC 13-17-6-2
Fee for certification
Sec. 2. (a) This section does not apply to a person making aninspection under the authority of IC 22-8-1.1.
(b) The board shall adopt a rule under IC 4-22-2 to do the
following:
(1) Establish a fee not to exceed one hundred fifty dollars($150) per person per certification for persons seekingaccreditation through the program established under section 1of this chapter.
(2) Establish a fee for asbestos contractors seeking licensingthrough the program established under section 1 of this chapter.
(c) The amount of the fee established under subsection (b) mustnot be more than is considered to be necessary to recover the cost ofestablishing the accreditation and licensing programs.
(d) The proceeds of the fee shall be deposited in the asbestos trustfund established by section 3 of this chapter.
As added by P.L.1-1996, SEC.7.
IC 13-17-6-3
Asbestos trust fund
Sec. 3. (a) The asbestos trust fund is established to provide asource of money for the purposes set forth in section 4 of thischapter.
(b) The expenses of administering the fund shall be paid from themoney in the fund.
(c) The treasurer of state shall invest the money in the fund notcurrently needed to meet the obligations of the fund in the samemanner as other public money may be invested. Interest that accruesfrom these investments shall be deposited in the fund.
(d) Money in the fund at the end of a state fiscal year does notrevert to the state general fund.
(e) The sources of money for the fund are the following:
(1) Accreditation fees paid under section 2 of this chapter.
(2) Appropriations made by the general assembly, gifts, anddonations intended for deposit in the fund.
(3) Penalties imposed under IC 13-30-4 and IC 13-30-5 forviolations of the rules of the board concerning asbestos.
As added by P.L.1-1996, SEC.7.
IC 13-17-6-4
Asbestos trust fund; use of funds
Sec. 4. The commissioner may use money in the fund to do thefollowing:
(1) Pay the expenses of administration of the accreditationprogram established under section 1 of this chapter.
(2) Cover other costs related to implementation of the federalAsbestos Hazard Emergency Response Act of 1986 (15 U.S.C.2641 et seq.).
As added by P.L.1-1996, SEC.7.
IC 13-17-6-5
Agents or employees of licensed asbestos contractor; necessity ofaccreditation under certain circumstances
Sec. 5. An asbestos contractor licensed under this chapter may not
allow an agent or employee of the contractor to:
(1) exercise control over an asbestos project; or
(2) come into contact with asbestos;
unless the agent or employee is accredited under this chapter.
As added by P.L.1-1996, SEC.7.
IC 13-17-6-6
Records of asbestos removal projects; contents; maintenance;inspection
Sec. 6. (a) An asbestos contractor licensed under this chapter shallcompile records concerning each asbestos project the asbestoscontractor performs. The records must include the followinginformation on each asbestos project:
(1) The name, address, and proof of accreditation of thefollowing:
(A) The person who supervised the asbestos project for theasbestos contractor.
(B) Each employee or agent of the asbestos contractor thatworked on the project.
(2) The site of the asbestos project.
(3) A description of the asbestos project.
(4) The amount of asbestos containing material that wasremoved in the project.
(5) The date on which the asbestos project was started and thedate on which the asbestos project was completed.
(6) A summary of procedures that were used in the asbestosproject to comply with all applicable federal and state standardson asbestos projects.
(7) The name and address of each disposal site used for thedisposal of asbestos containing material that was disposed of onthe asbestos project.
(b) A copy of each receipt issued by a disposal site identifiedunder subsection (a)(7) must be included in the records concerningthe project compiled under this section.
(c) An asbestos contractor shall retain the records compiled undersubsection (a) concerning a particular asbestos project for at leastthirty (30) years after the asbestos project is concluded.
(d) An asbestos contractor shall make records kept under thissection available to the department upon request.
As added by P.L.1-1996, SEC.7.
IC 13-17-6-7
Onsite inspection of asbestos project
Sec. 7. At least one (1) time each year, the department shallinvestigate the procedures employed by each licensed asbestoscontractor with regard to the:
(1) abatement;
(2) removal;
(3) renovation;
(4) enclosure; (5) repair; and
(6) encapsulation;
of asbestos containing material by conducting an inspection of thesite of an asbestos project being carried out by the licensed asbestoscontractor.
As added by P.L.1-1996, SEC.7.
IC 13-17-6-8
Public asbestos projects; bidder restrictions
Sec. 8. A political subdivision or a state agency may not accept abid for an asbestos project from a person that does not hold anasbestos contractor license.
As added by P.L.1-1996, SEC.7.
IC 13-17-6-9
Commissioner's inspection or investigation
Sec. 9. The commissioner may do the following:
(1) Inspect the site of an asbestos project:
(A) during the project; or
(B) after the project is completed.
(2) Conduct an investigation of an asbestos project upon:
(A) the commissioner's own initiation; or
(B) the receipt of a complaint by a person.
As added by P.L.1-1996, SEC.7.
IC 13-17-6-10
Injunction against nonconforming asbestos removal procedures;notice; review
Sec. 10. (a) If the commissioner finds that an asbestos project isnot being performed in accordance with air pollution control laws orrules adopted under air pollution control laws, the commissioner mayenjoin further work on the asbestos project without prior notice orhearing by delivering a notice to:
(1) the asbestos contractor engaged in the asbestos project; or
(2) the agent or representative of the asbestos contractor.
(b) A notice issued under this section must:
(1) specifically enumerate the violations of law that areoccurring on the asbestos project; and
(2) prohibit further work on the asbestos project until theviolations enumerated under subdivision (1) cease and thenotice is rescinded by the commissioner.
(c) Not later than ten (10) days after receiving written notificationfrom a contractor that violations enumerated in a notice issued underthis section have been corrected, the commissioner shall issue adetermination whether or not to rescind the notice.
(d) An asbestos contractor or any other person aggrieved oradversely affected by the issuance of a notice under subsection (a)may obtain a review of the commissioner's action under IC 4-21.5and IC 4-21.5-7.
As added by P.L.1-1996, SEC.7. Amended by P.L.25-1997, SEC.8.
IC 13-17-6-11
Reprimand, suspension, or revocation of license or accreditation;grounds
Sec. 11. (a) The commissioner may under IC 4-21.5 reprimand anasbestos contractor or asbestos worker or suspend or revoke thelicense of an asbestos contractor or the accreditation of an asbestosworker for the following reasons:
(1) Fraudulently or deceptively obtaining or attempting toobtain a license or accreditation under this chapter.
(2) Failing to meet the qualifications for a license oraccreditation or failing to comply with the requirements of airpollution control laws or rules adopted under air pollutioncontrol laws.
(3) Failing to meet an applicable federal or state standard forthe abatement, removal, or encapsulation of asbestos.
(b) The commissioner may under IC 4-21.5 reprimand an asbestoscontractor or suspend or revoke the license of an asbestos contractorthat does any of the following:
(1) Employs a person who is not accredited under this chapter.
(2) Permits a person who is not accredited under this chapter towork on an asbestos project.
As added by P.L.1-1996, SEC.7.
IC 13-17-6-12
Necessity of license or accreditation before performing asbestosproject; exceptions
Sec. 12. (a) Except as provided in subsections (c) and (d), aperson that enters into a contract providing for the person to execute,for compensation, an asbestos project must hold an asbestoscontractor's license.
(b) Except as provided in subsections (c) and (d), an individualwho works on an asbestos project must be accredited under thischapter.
(c) In an emergency that results from a sudden and unexpectedevent that is not a planned renovation or demolition, thecommissioner may waive the requirements set forth in subsections(a) and (b) for a person that enters into a contract or works to resolvethe emergency.
(d) The commissioner may:
(1) exempt an employer from subsection (a); and
(2) exempt the employer's employees from subsection (b) withrespect to an asbestos project on premises owned or leased bythe employer;
if the commissioner determines that the employer has adopted and isenforcing an asbestos safety program that is adequate to protect thehealth and safety of the employees and of any other persons who areor may be affected by the asbestos project.
As added by P.L.1-1996, SEC.7.