(A) Prior to engaging in any asbestos hazard abatement project, an asbestos hazard abatement contractor shall do all of the following:

Terms Used In Ohio Code 3710.07

  • Asbestos: means the asbestiform varieties of serpentine (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite, anthophylite, and actinolite-tremolite as determined using the method specified in 40 C. See Ohio Code 3710.01
  • Asbestos hazard abatement activity: means any activity involving the removal, renovation, enclosure, repair, encapsulation, or operations and maintenance of reasonably related friable asbestos-containing materials in an amount greater than three linear feet or three square feet. See Ohio Code 3710.01
  • Asbestos hazard abatement contractor: means a business entity or public entity that engages in or intends to engage in asbestos hazard abatement projects and that employs or supervises one or more asbestos hazard abatement specialists for asbestos hazard abatement activities. See Ohio Code 3710.01
  • Asbestos hazard abatement project: includes any such activity involving such friable asbestos-containing materials in an amount of fifty linear feet or fifty square feet or less if, when combined with any other reasonably related activity in terms of time or location of the activity, the total amount is in an amount greater than fifty linear feet or fifty square feet. See Ohio Code 3710.01
  • Business entity: means a partnership, firm, association, corporation, sole proprietorship, or other business concern. See Ohio Code 3710.01
  • License: means a document issued by the director of environmental protection to a business entity or public entity affirming that the entity has met the requirements set forth in this chapter to engage in asbestos hazard abatement projects as an asbestos hazard abatement contractor. See Ohio Code 3710.01
  • Public entity: means the state or any of its political subdivisions or any agency or instrumentality of either. See Ohio Code 3710.01
  • Rule: includes regulation. See Ohio Code 1.59

(1) Prepare a written respiratory protection program as defined by the director of environmental protection pursuant to rule, and make the program available to the environmental protection agency, and workers at the job site if the contractor is a public entity or prepare a written respiratory protection program, consistent with 29 C.F.R. 1910.134 and make the program available to the agency, and workers at the job site if the contractor is a business entity;

(2) Ensure that each worker who will be involved in any asbestos hazard abatement project has been examined within the preceding year and has been declared by a physician to be physically capable of working while wearing a respirator;

(3) Ensure that each of the contractor’s employees or agents who will come in contact with asbestos-containing materials or will be responsible for an asbestos hazard abatement project receives the appropriate certification or licensure required by this chapter and the following training:

(a) An initial course approved by the agency pursuant to section 3710.10 of the Revised Code, completed before engaging in any asbestos hazard abatement activity; and

(b) An annual review course approved by the agency pursuant to section 3710.10 of the Revised Code.

(B) After obtaining or renewing a license, an asbestos hazard abatement contractor shall notify the agency, on a form approved by the director, at least ten working days before beginning each asbestos hazard abatement project conducted during the term of the contractor’s license.

(C) In addition to any other fee imposed under this chapter, an asbestos hazard abatement contractor shall pay, at the time of providing notice under division (B) of this section, the agency a fee of sixty-five dollars for each asbestos hazard abatement project conducted.

Amended by 133rd General Assembly File No. TBD, HB 166, §101.01, eff. 10/17/2019.

Amended by 132nd General Assembly File No. TBD, HB 49, §101.01, eff. 1/1/2018.

Amended by 129th General AssemblyFile No.127, HB 487, §101.01, eff. 9/10/2012.

Effective Date: 09-26-2003 .