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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJanuary 2015

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In accordance and compliance with the procedures set forth at 29 Del.C. §§1131, et seq. and 29 Del.C. §§10101, et seq., the Director of the Office of Management and Budget is proposing to adopt the following amendments to a Regulation:
III. Possible Terms of Agency Action:
16 Del.C. §7801, et seq.
None Known.
Email: robert.scoglietti@state.de.us
This Regulation is promulgated pursuant to 16 Del.C. §7801, et seq. The Division of Facilities Management of the State of Delaware Office of Management and Budget adopts this Regulation and it shall have the force and effect of law. In establishing this Regulation, the Director of the Division of Facilities Management has responsibilities as set forth at 16 Del.C. §7805 to promulgate this Regulation. This Regulation is not intended to, and shall not be, interpreted to conflict with or supersede any provision of the Delaware Code.
AHERA” means Asbestos Hazard Emergency Response Act.
Approved Landfill” means a landfill approved by the Delaware Solid Waste Authority, or by DNREC, or an EPA certified landfill.
Approved Training Program” means a program approved by Facilities Management for training Asbestos Abatement Workers and/or Asbestos Project Supervisors, Project Monitors, Project Designer, Management Planner, and Building Inspector.
Asbestos” is a general term used to describe a group of naturally occurring minerals that separate into fibers. The asbestiform varieties include chrysotile, crocidolite, amosite, anthophyllite, tremolite, and actinolite, and any of these materials that has been chemically treated and/or altered.
Asbestos Abatement” for the purpose of this regulation means, asbestos abatement means the construction, demolition, repair, maintenance, or renovation of any public or private building or structure, mechanical piping equipment or system involving the demolition, removal, encapsulation, salvage, or disposal of asbestos-containing material. Asbestos abatement includes, but is not limited to:
Asbestos Abatement” means project work undertaken by a contractor or person which involves the installation, removal, encapsulation, application or enclosure of any asbestos project or asbestos-containing project materials, or the disturbance of friable asbestos or cementitious asbestos-containing material or the disturbance of non-friable material that will become friable with handling, except for work in an owner occupied single family dwelling performed by the owner of such dwelling.
Asbestos-Containing Materials means materials composed of asbestos of any type in an Containing amount greater than 1% by area, either alone or mixed Materials with other fibrous or non-fibrous materials.
Asbestos Management” means a program to safely manage asbestos-containing Management material with ongoing inspections, maintenance, Program repair, and removal control methods.
Asbestos Professional Service Firm” means professional service firms hired for inspection, asbestos building and visual and air clearance, testing, management planning, specifications, project design, bulk sampling, air monitoring, project oversight, and contract administration for asbestos abatement project.
ASHARA” means Asbestos School Hazard Abatement Reauthorization Act.
Authorized Enforcement Agency” means the State of Delaware, Department of Natural Resources and Environmental Control, which enforces this Regulation in accordance with 16 Del.C. §7806(1).
Building Owner” means legal right of possession through lawful title.
Certification” means the authorization issued by the Division of Facilities Management of the State of Delaware Office of Management and Budget to any contractor, professional services firm, project supervisor, worker, or Project Monitors who has met the minimum requirements established by Facilities Management permitting the contractor or individual to engage in asbestos abatement. Certification is limited to demonstrated ability to engage in asbestos abatement in accordance with this Regulation and recognized standards for asbestos abatement only.
Certified Asbestos Abatement Contractor Class "A" (Unlimited)” means any individual, public or private corporation, Asbestos partnership, association, firm, trust, estate, institution or other legal entity who has met the minimum requirements established by Facilities Management to perform all types of asbestos abatement within the State of Delaware. Certification is limited to demonstrated ability to engage in asbestos in accordance with this Regulation and recognized standards for abatement only.
Certified Asbestos Abatement Contractor Class “B” (Limited)” means any individual, public or private corporation, partnership, association, firm, trust, estate, institution, or other legal entity who has met the minimum requirements established by Facilities Management, and has been certified by Facilities Management to perform limited or specialized (roofer, exterior sider, plumber, HVAC mechanic or other tradesman who must work in and around asbestos-containing material in their normal everyday craft) asbestos abatement within the State of Delaware, and whose main business is not asbestos abatement. Certification is limited to demonstrated ability to engage in asbestos abatement in accordance with this Regulation and recognized standards for asbestos abatement only.
Certified Asbestos Abatement Project Supervisor Class "A" (Unlimited)” means an asbestos abatement project supervisor, who has met the minimum requirements of Facilities Management, has been certified by Facilities Management to perform all types of asbestos abatement and is designated by the contractor as the contractor's representative, and responsible for the on-site supervision of the removal, encapsulation, enclosure, or repair of asbestos-containing materials. Certification is limited to demonstrated ability engage in asbestos abatement in accordance with this Regulation and recognized standards for asbestos abatement only.
Certified Asbestos Abatement Worker Class “A” (Unlimited)” means an asbestos abatement worker who has met the minimum requirements of Facilities Management, has been certified by Facilities Management to perform all types of asbestos abatement, and is designated to construct and administer all environmental controls, clean, remove, encapsulate, haul, or dispose of asbestos-containing materials. Certification is limited to demonstrated ability to engage in asbestos abatement in accordance with this Regulation and recognized standards for asbestos abatement only.
Certified Asbestos Abatement Worker Class "B" (Limited)” means an asbestos abatement worker who has met the minimum requirements of Facilities Management, has been certified by Facilities Management to perform limited (roofs, exterior sidings, etc.) asbestos abatement for a Certified Class Abatement Contractor (Class B), and is designated to construct and administer all environmental controls, clean, remove, encapsulate, haul, or dispose of asbestos containing materials. Certification is limited to demonstrated ability to engage in asbestos abatement in accordance with this Regulation and recognized standards for asbestos abatement only.
Certified Asbestos Project Supervisor Class "B" (Limited)” means a project supervisor who has met the minimum requirements of Facilities Management, has been certified by Facilities Management to perform limited or specialized (roofs, exterior sidings, etc.) asbestos abatement for a Certified Class B Asbestos Abatement Contractor, and is designated by the contractor as the contractor's representative and responsible for the on-site supervision of the removal, encapsulation, enclosure, or repair of asbestos-containing materials. Certification is limited to demonstrated ability to engage in asbestos abatement in accordance with this Regulation and recognized standards for asbestos abatement only.
Certified Professional Services” means certified professional services for asbestos. Includes design, plans and specifications, bulk and air samples, Asbestos Building Inspection, air Monitoring, and laboratory results.
Certified Project Monitors” means a certified individual employed by a Certified Professional Service Firm to an asbestos abatement project.
Contractor” for the purpose of this Regulation is an abbreviation for "asbestos abatement contractor", Class "A" and Class "B".
De-Certification” means the loss of a certification granted by Facilities Management to include loss of all the privileges granted to a certificate holder.
Department” means the Division of Facilities Management of the State of Delaware Office of Management and Budget.
Design Person” means a person accredited by U.S.E.P.A. standards under the Asbestos Hazard Emergency Response Act (AHERA), 40 CFR 763, dated October 1987. The person/firm hired to design asbestos abatement projects.
DNREC” means State of Delaware, Department of Natural Resources and Environmental Control.
Encapsulation” means the application of a material to asbestos-containing materials to control the release of asbestos fibers into the air. The material creates a membrane over the surface (bridging encapsulant) or penetrates the material and binds its components together (penetrating encapsulant).
Enclosure” means the construction of air-tight walls, ceilings, or other physical barriers between the asbestos materials and the building environment, or around surfaces coated with asbestos-containing materials, or other appropriate scientific procedure as determined by Facilities Management which prevents the release of asbestos materials.
Environmental Controls” means the use of proper mechanical and engineering controls necessary for the safe and effective abatement of asbestos-containing materials.
Friable Asbestos Containing Materials” means any material that contains more than 1% asbestos, by weight, that hand pressure can crumble, pulverize, or reduce to powder when dry, or is already dry and pulverized.
Incidental” means a worker/tradesperson that comes in contact with asbestos-containing material during his/her normal day to day operation. A worker/tradesperson who does not fall into the category of Class "A" or Class "B" worker/contractor as described in this Regulation. (Example: A utility worker who is required to drill holes in asbestos siding to install a meter). The maximum allowed removal quantity is 3 square/lineal feet as per AHERA. Worker should have asbestos awareness training when they have potential to come in contact with asbestos.
In-Plant Operations Employees” means those engaged in routine maintenance operations and other minor asbestos projects involving asbestos or asbestos material worked on exclusively by employees of the plant owner or operator.
NESHAPS” means National Emission Standards for Hazardous Air Pollutants 40 CFR, Part 61.
NIOSH” means the National Institute for Occupational Safety and Health.
O.S.H.A.” means the Occupational Safety and Health Administration.
Public Agency” means any agency that receives State funds from any source and utilizes the funds for an asbestos abatement project.
Removal” means the demolition or stripping of asbestos-containing materials or dislodging of any asbestos fibers from the original location, such as pipe, duct, boiler, tank, reactor, turbine, furnace, or structural member including but not limited to ceilings, floors, interior or exterior sidewalls, or at any other location that asbestos may be found.
Renovation” means the altering of one or more building components to include modifications, changes, or additions.
Repair” includes the restoration of asbestos-containing material that has been damaged. Repair usually consists of the application of duct tape, rewettable glass cloth, canvas, cement, or other suitable material to seal exposed areas where asbestos fibers may be released. Repair of previously encapsulated asbestos-containing materials may include filling damaged areas with non-asbestos substitutes and re-encapsulating. Repair of enclosures around asbestos-containing materials in contemplated by this term.
U.S.E.P.A. means the United States Environmental Protection Agency.
4.1 The following minimum training requirements are promulgated in accordance with 16 Del.C. §7805(2) and U.S. Environmental Protection Agency Asbestos Hazard Emergency Response Act (AHERA), 50 CFR 763.
4.5.2 Shall successfully complete a two (2) day, fourteen (14) hour course approved by Facilities Management which includes hand-on training in accordance with OSHA 1926.1101 "Asbestos". And must and pass a 35 question an examination with a passing score of 70%. An examination is required for Initial and Refresher “B” Training.
4.5.3.1 Shall successfully complete a 1 ½ day, twelve (12) hour course approved by Facilities Management the Department. Must and pass a 25 question an examination with a passing score of 70%. An examination is required for Initial and Refresher “B” Training.
4.6 Annual re-training and examinations are required for Class "A" certifications as approved by Facilities Management. Biennial - two (2) year - re-training is required for Class "B" certification.
4.8.1 All entities requesting to train in the State of Delaware must meet the minimum requirements in accordance with 16 Del.C. §7805(2), these regulations, and the U.S. Environmental Protection Agency, Asbestos Hazard Emergency Response Act (AHERA) and the Asbestos School Hazard Abatement Reauthorization Act (ASHARA). Training must be equal to or better than the State of Delaware requirements. This shall include at a minimum, a training facility within the state boundaries and shall be equipped with a hands-on laboratory for asbestos simulation work practices with proper equipment and materials.
7.2.2 The completed application shall be sent to Facilities Management at the address specified in the application package accompanied by a non-refundable renewal application fee of one hundred dollars ($100.00). The fee shall be paid in the form of cash, a bank or postal money order, bank cashier's check, or certified check payable to the State of Delaware. No other instrument shall be used for payment of an application fee for certification renewal. The renewal fee for Class "B" contractor shall be one hundred ($100.00) dollars.
14.5.4 Completed applications shall be sent to the address specified in the application package accompanied by a non-refundable application fee of fifty ($50.00). The fee shall be paid in the form of cash, a bank or postal money order, bank cashier's check or certified check payable to the State of Delaware. No other instrument shall be used for payment of an application fee.
Last Updated: December 31 1969 19:00:00.
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