As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings.   [PL 1987, c. 448, §1-C (NEW).]
1.  Asbestos“Asbestos” means a group of naturally occurring minerals that separate into fibers of high tensile strength and are resistant to heat, wear and chemicals, including, but not limited to, chrysotile, amosite, crocidolite, actinolite, tremolite and anthophylite and any of these minerals that have been chemically treated or altered.  

[PL 1987, c. 448, §1-C (NEW).]

Terms Used In Maine Revised Statutes Title 38 Sec. 1272

  • Asbestos: means a group of naturally occurring minerals that separate into fibers of high tensile strength and are resistant to heat, wear and chemicals, including, but not limited to, chrysotile, amosite, crocidolite, actinolite, tremolite and anthophylite and any of these minerals that have been chemically treated or altered. See Maine Revised Statutes Title 38 Sec. 1272
  • Asbestos abatement activity: includes associated activities such as design, monitoring, analysis and inspection of any asbestos-containing material in an amount greater than 3 square feet or 3 linear feet, and conducting training for persons seeking a state certificate or license. See Maine Revised Statutes Title 38 Sec. 1272
  • Asbestos abatement contractor: means a business entity that engages in, or intends to engage in, asbestos abatement activities as a business service on property that it does not own and that employs or involves one or more asbestos abatement project supervisors, asbestos abatement design consultants, asbestos air monitors or asbestos inspectors for asbestos abatement activities. See Maine Revised Statutes Title 38 Sec. 1272
  • Asbestos abatement design consultant: means an individual engaged in preparing and supervising the implementation of facility plans for the removal or abatement of asbestos. See Maine Revised Statutes Title 38 Sec. 1272
  • Asbestos abatement project supervisor: means an individual with responsibility for the supervision of asbestos abatement activities. See Maine Revised Statutes Title 38 Sec. 1272
  • Asbestos abatement worker: means an individual engaging in any asbestos abatement activity for any employer. See Maine Revised Statutes Title 38 Sec. 1272
  • Asbestos air analyst: means an individual engaging in the analysis of air samples for fiber count including, but not limited to asbestos fibers. See Maine Revised Statutes Title 38 Sec. 1272
  • Asbestos air monitor: means a person responsible for applying applicable rules and standards at a specific location by monitoring procedures during asbestos abatement activities in order to protect the public health from the hazards associated with exposure to asbestos. See Maine Revised Statutes Title 38 Sec. 1272
  • Asbestos analytical laboratory: means a public or private entity that scientifically analyzes samples of solids, liquids or gases to determine the presence and concentration of asbestos fibers. See Maine Revised Statutes Title 38 Sec. 1272
  • Asbestos bulk analyst: means an individual engaging in the analysis of bulk samples for asbestos or other material composition. See Maine Revised Statutes Title 38 Sec. 1272
  • Asbestos consultant: means a business entity that engages in, or intends to engage in, the design, inspection or monitoring of asbestos abatement activities. See Maine Revised Statutes Title 38 Sec. 1272
  • Asbestos inspector: means an individual whose activities include, but are not limited to, collecting bulk samples and assessing the potential for exposure associated with the presence of asbestos-containing material. See Maine Revised Statutes Title 38 Sec. 1272
  • Asbestos management planner: means a person who assesses hazards associated with the presence and condition of asbestos-containing materials in schools and who develops a response action plan based upon the assessment. See Maine Revised Statutes Title 38 Sec. 1272
  • Asbestos professional: means an individual certified by the commissioner to engage in asbestos abatement activities, including, but not limited to, an asbestos abatement worker, an asbestos abatement project supervisor, an asbestos air monitor, an asbestos inspector, an asbestos abatement design consultant, an asbestos air analyst, an asbestos bulk analyst and an asbestos management planner. See Maine Revised Statutes Title 38 Sec. 1272
  • Asbestos-containing material: means any material containing asbestos in quantities equal to or greater than 1% by volume. See Maine Revised Statutes Title 38 Sec. 1272
  • Business entity: means a partnership, firm, association, corporation, sole proprietorship or other business concern. See Maine Revised Statutes Title 38 Sec. 1272
  • Certificate: means a document issued to an individual by the commissioner affirming that an individual has successfully completed the training and other requirements set forth in this chapter to qualify as an asbestos professional. See Maine Revised Statutes Title 38 Sec. 1272
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Employee: means an individual who may be permitted, required or directed by an employer in consideration of direct or indirect gain or profit, to engage in any employment. See Maine Revised Statutes Title 38 Sec. 1272
  • Friable: means materials that, when dry, have the potential to readily release asbestos fibers when crumbled, pulverized, handled, deteriorated or subjected to mechanical, physical or chemical processes. See Maine Revised Statutes Title 38 Sec. 1272
  • In-house asbestos abatement unit: means the unit of a business or public entity that engages in, or intends to engage in, asbestos abatement activities or projects solely within the confines of property owned or leased by the entity and that employs one or more asbestos abatement supervisors for asbestos abatement activities. See Maine Revised Statutes Title 38 Sec. 1272
  • License: means a document issued by the commissioner to a business entity or public entity affirming that the entity has met the requirements set forth in this chapter to engage in asbestos abatement activities including, but not limited to, asbestos abatement contractor, in-house asbestos abatement unit, asbestos consultant, asbestos analytical laboratory and training provider. See Maine Revised Statutes Title 38 Sec. 1272
  • Owner or operator: means a person who owns, leases, operates, controls or supervises an asbestos abatement activity within a building, structure or facility. See Maine Revised Statutes Title 38 Sec. 1272
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means any individual, business entity, governmental body or other public or private entity. See Maine Revised Statutes Title 38 Sec. 1272
  • Public entity: means the State, any of its political subdivisions or any agency or instrumentality of either. See Maine Revised Statutes Title 38 Sec. 1272
  • Training provider: means a person providing training that is necessary to fulfill certification or licensing requirements under this chapter. See Maine Revised Statutes Title 38 Sec. 1272
2.  Asbestos abatement activity“Asbestos abatement activity” means activity involving the removal, demolition, enclosure, repair, encapsulation, handling, transportation or disposal of asbestos-containing materials in an amount greater than 3 square feet or 3 linear feet. “Asbestos abatement activity” includes associated activities such as design, monitoring, analysis and inspection of any asbestos-containing material in an amount greater than 3 square feet or 3 linear feet, and conducting training for persons seeking a state certificate or license.  

[PL 2009, c. 374, §3 (AMD).]

3.  Asbestos abatement contractor“Asbestos abatement contractor” means a business entity that engages in, or intends to engage in, asbestos abatement activities as a business service on property that it does not own and that employs or involves one or more asbestos abatement project supervisors, asbestos abatement design consultants, asbestos air monitors or asbestos inspectors for asbestos abatement activities.  

[PL 1991, c. 473, §3 (AMD).]

4.  Asbestos abatement design consultant“Asbestos abatement design consultant” means an individual engaged in preparing and supervising the implementation of facility plans for the removal or abatement of asbestos. These activities include, but are not limited to, the performance of air quality and bulk sampling; advising building owners, contractors and project supervisors on health impacts of asbestos abatement activities; and supervising the conduct of training courses. This category of specialists includes, but is not limited to, engineers, architects, health professionals, industrial hygienists, private consultants or other individuals involved in asbestos risk assessment or regulatory activities.  

[PL 1993, c. 355, §27 (AMD).]

5.  Asbestos abatement project supervisor“Asbestos abatement project supervisor” means an individual with responsibility for the supervision of asbestos abatement activities. Those persons include, but are not limited to, abatement project supervisors employed by contractors, in-house asbestos abatement units, employees of governmental or public entities who coordinate or directly supervise asbestos abatement activities performed by public schools, governmental or other public employees in a school district, governmental or other public buildings and project supervisors employed as consultants to monitor and direct abatement contractors.  

[PL 1993, c. 355, §28 (AMD).]

6.  Asbestos abatement worker“Asbestos abatement worker” means an individual engaging in any asbestos abatement activity for any employer.  

[PL 1993, c. 355, §29 (AMD).]

6-A.  Asbestos air monitor“Asbestos air monitor” means a person responsible for applying applicable rules and standards at a specific location by monitoring procedures during asbestos abatement activities in order to protect the public health from the hazards associated with exposure to asbestos.  

[PL 1991, c. 473, §4 (NEW).]

6-B.  Asbestos analytical laboratory“Asbestos analytical laboratory” means a public or private entity that scientifically analyzes samples of solids, liquids or gases to determine the presence and concentration of asbestos fibers.  

[PL 1991, c. 473, §4 (NEW).]

6-C.  Asbestos air analyst“Asbestos air analyst” means an individual engaging in the analysis of air samples for fiber count including, but not limited to asbestos fibers.  

[PL 1993, c. 355, §30 (NEW).]

6-D.  Asbestos bulk analyst“Asbestos bulk analyst” means an individual engaging in the analysis of bulk samples for asbestos or other material composition.  

[PL 1993, c. 355, §30 (NEW).]

7.  Asbestos-containing material“Asbestos-containing material” means any material containing asbestos in quantities equal to or greater than 1% by volume.  

[PL 1991, c. 473, §5 (AMD).]

8.  Asbestos evaluation specialist.   

[PL 1991, c. 473, §6 (RP).]

8-A.  Asbestos consultant“Asbestos consultant” means a business entity that engages in, or intends to engage in, the design, inspection or monitoring of asbestos abatement activities.  

[PL 1993, c. 355, §31 (AMD).]

8-B.  Asbestos inspector“Asbestos inspector” means an individual whose activities include, but are not limited to, collecting bulk samples and assessing the potential for exposure associated with the presence of asbestos-containing material.  

[PL 1993, c. 355, §31 (AMD).]

8-C.  Asbestos professional“Asbestos professional” means an individual certified by the commissioner to engage in asbestos abatement activities, including, but not limited to, an asbestos abatement worker, an asbestos abatement project supervisor, an asbestos air monitor, an asbestos inspector, an asbestos abatement design consultant, an asbestos air analyst, an asbestos bulk analyst and an asbestos management planner.  

[PL 1993, c. 355, §31 (AMD).]

8-D.  Asbestos management planner“Asbestos management planner” means a person who assesses hazards associated with the presence and condition of asbestos-containing materials in schools and who develops a response action plan based upon the assessment.  

[PL 1993, c. 355, §32 (NEW).]

9.  Business entity“Business entity” means a partnership, firm, association, corporation, sole proprietorship or other business concern.  

[PL 1987, c. 448, §1-C (NEW).]

10.  Certificate“Certificate” means a document issued to an individual by the commissioner affirming that an individual has successfully completed the training and other requirements set forth in this chapter to qualify as an asbestos professional.  

[PL 1993, c. 355, §33 (AMD).]

11.  Commissioner.   

[PL 1989, c. 630, §2 (RP); PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §217 (RP).]

12.  Employee“Employee” means an individual who may be permitted, required or directed by an employer in consideration of direct or indirect gain or profit, to engage in any employment.  

[PL 1993, c. 355, §34 (AMD).]

13.  Friable“Friable” means materials that, when dry, have the potential to readily release asbestos fibers when crumbled, pulverized, handled, deteriorated or subjected to mechanical, physical or chemical processes. It also means potentially friable material that has deteriorated or has been or will be processed to the extent that, when dry, it may readily release asbestos fibers.  

[PL 1993, c. 355, §35 (AMD).]

14.  In-house asbestos abatement unit  

[PL 1989, c. 325, §3 (RP).]

14-A.  In-house asbestos abatement unit.  “In-house asbestos abatement unit” means the unit of a business or public entity that engages in, or intends to engage in, asbestos abatement activities or projects solely within the confines of property owned or leased by the entity and that employs one or more asbestos abatement supervisors for asbestos abatement activities.  

[PL 1989, c. 630, §3 (NEW).]

15.  License“License” means a document issued by the commissioner to a business entity or public entity affirming that the entity has met the requirements set forth in this chapter to engage in asbestos abatement activities including, but not limited to, asbestos abatement contractor, in-house asbestos abatement unit, asbestos consultant, asbestos analytical laboratory and training provider.  

[PL 1993, c. 355, §36 (AMD).]

15-A.  Owner or operator“Owner or operator” means a person who owns, leases, operates, controls or supervises an asbestos abatement activity within a building, structure or facility.  

[PL 1993, c. 355, §37 (AMD).]

16.  Person“Person” means any individual, business entity, governmental body or other public or private entity.  

[PL 1987, c. 448, §1-C (NEW).]

17.  Public entity“Public entity” means the State, any of its political subdivisions or any agency or instrumentality of either.  

[PL 1987, c. 448, §1-C (NEW).]

18.  Training provider“Training provider” means a person providing training that is necessary to fulfill certification or licensing requirements under this chapter.  

[PL 1993, c. 355, §38 (NEW).]

SECTION HISTORY

PL 1987, c. 448, §§1-C (NEW). PL 1989, c. 325, §§1-3 (AMD). PL 1989, c. 630, §§1-4 (AMD). PL 1989, c. 890, §§A40,B216- 218 (AMD). PL 1991, c. 473, §§2-10 (AMD). PL 1993, c. 355, §§26-38 (AMD). PL 2009, c. 374, §3 (AMD).