In order to ensure that asbestos work is properly performed so as to
protect occupants of buildings and private residences and the general public
from exposure to asbestos, asbestos workers, asbestos project inspectors,
asbestos investigators and analytical testing laboratories shall be certified as
competent by the Department of Licenses and Inspections.
(1)
Asbestos
Workers.
(a) No person shall directly perform or supervise any
asbestos abatement, renovation, repair or demolition work which disturbs or
damages asbestos materials unless that person has been properly trained and
certified by the Department of Licenses and Inspections.
(b) The
Department of Licenses and Inspections shall certify those persons who have
completed an approved training or review course and have been awarded a training
certificate or who have been exempted from completing an initial training course
by the Department. At the time of certification, the Department of Licenses and
Inspections shall provide all persons certified to perform work on asbestos
projects with written information on the relationship between smoking and
asbestos exposure.
(c) All asbestos workers, supervisors and
contractors shall complete, or qualify as exempted from completing, an initial
training course in order to obtain their initial certification; and complete an
annual review course in order to renew their certification. Any persons who fail
to renew their certification for three (3) consecutive years shall be required
to complete an initial training course in order to be
re-certified.
(d) Certification by the Department of Licenses and
Inspections shall be valid for thirteen (13) months from completion of an
approved training or review course. No fee shall be charged for
certification.
[43] (e) The
employer shall ensure that each asbestos worker engaged in an asbestos project
is currently certified by the Department of Licenses and
Inspections.
(f) The Department of Licenses and Inspections shall issue
an identification card valid for thirteen (13) months from completion of an
approved training or review course to certified asbestos workers. All asbestos
workers shall have their identification cards in their possession while working
on an asbestos project.
(g) The following persons are exempted from
completing an initial training course, but nevertheless are required to complete
an annual review course thereafter.
(.1) Experienced asbestos workers
who have successfully completed appropriate training programs, provided that
such training programs have been reviewed and approved by the
Department.
(.2) Any person who has fulfilled the certification
requirements of another jurisdiction, provided, that such certification
requirements have been reviewed and approved by the
Department.
(.3) The Board shall establish by regulation criteria for
reviewing and approving training programs and certification
requirements.
(2)
Asbestos Project
Inspectors.
(a) Asbestos project inspectors employed or retained by
building owners to perform air sampling and visual inspections on major asbestos
projects shall be certified annually by the Department of Licenses and
Inspections, after approval by the Department.
(b) The Board shall
establish criteria for approval of asbestos project
inspectors.
(c) Certification shall be valid for one (1) year. The
annual fee shall be one hundred ($100.00) dollars.
(3)
Analytical
Testing Laboratories.
(a) Laboratories that perform analysis of
bulk, dust, or air samples for asbestos shall be certified annually by the
Department of Licenses and Inspections after approval by the
Department.
(b) The Board shall establish criteria for approval of
laboratories.
(c) Certification shall be valid for one (1) year. The
annual fee shall be three hundred ($300.00) dollars.
(4)
Asbestos
Investigators.
(a) Asbestos investigators employed or retained by a
building owner to identify the presence and evaluate the condition of asbestos
material in a building pursuant to Section 113.6 of The Philadelphia Building
Code as adopted by Chapter 4-10.0 of The Philadelphia
Code
[44] shall be certified annually
by the Department of Licenses and Inspections after approval by the
Department.
(b) The Board shall establish, by regulation, criteria for
approval of asbestos investigators.
(c) Certification shall be valid
for one (1) year. The annual fee shall be one hundred ($100.00)
dollars.
(5) The Department of Licenses and Inspections, upon a finding
by the Department that an asbestos worker or supervisor, asbestos project
inspector, asbestos investigator, or analytical testing laboratory has failed to
comply with the provisions of this Chapter and regulations promulgated
thereunder, shall deny, suspend, or revoke a certification or refuse to renew a
certification in accordance with the finding of the Department.
(6) Any
action taken by the Department of Licenses and Inspections pursuant to Section
6-604(5) may be appealed to the Board of License and Inspection Review in
accordance with its procedures.