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(a) The handler shall apply for renewal of the certificate at least 60 days prior to the date of its expiration.
(b) Application for renewal shall be made on a form approved by the department and shall be accompanied by a fee of one hundred dollars ($100) and proof of successful completion within the prior 12 months of a NYSDOH-approved Asbestos Handler Refresher training course; and
(c) An applicant denied a certificate on any grounds other than failure to complete a certificate application or failure to meet the minimum requirements set forth in these rules may request a hearing before the commissioner or his/her designee to contest said denial by submitting a written request for such hearing within ten days of receipt of denial.
(d) If an asbestos handler certificate is lost or stolen, the certificate holder must immediately notify the department. An application for a replacement must be made in writing and must include a notarized statement that the certificate was lost or stolen, a statement that the applicant understands that submittal of a false statement will subject him or her to penalties and other remedies under the law, and a fee of $50. A replacement certificate may only be obtained twice in any two-year validity period.
(Amended City Record 12/7/2018, eff. 1/6/2019)
(a) This section shall apply to individuals involved in the construction of the containment barriers of a work area (e.g., carpenters), or who otherwise enter the contained work area for a limited period of time to perform certain specialized tasks in preparation for, or ancillary to, the actual abatement (e.g., electricians); and for whom asbestos handler certification would otherwise be required. This section shall not apply to individuals performing abatement handling of ACM.
(b) The department shall issue a restricted asbestos handler certificate, in the form of a photo identification card or digital or electronic equivalent as approved by DEP which shall be valid for two years from the date of issuance to applicants who comply with the requirements of 15 RCNY § 1-11(b)(1) - (4), except that the fee shall be $50.
(c) An individual certified as a restricted asbestos handler by the department shall perform only those particular job functions specified by the department in the application for certification.
(Amended City Record 1/15/2025, eff. 2/14/2025)
(a) No individual shall supervise asbestos handlers engaged in an asbestos project, for compensation, unless that individual is certified as an asbestos handler supervisor by the department.
(b) The department shall issue an asbestos handler supervisor certificate in the form of a photo identification card or digital or electronic equivalent as approved by DEP, which shall be valid for two years from the date of issuance, to applicants who meet the following conditions:
(1) Applicant must be at least twenty-one (21) years of age at the time of application; and
(2) Applicant must submit a completed application provided by the department accompanied by a fee of one hundred dollars ($100); and
(3) Applicant must submit documentation of successful completion within the prior 12 months of a NYSDOH-approved Asbestos Supervisor training course.
(4) Applicant must submit additional credentials as follows:
(i) A registered design professional, certified industrial hygienist, or certified safety professional must submit a copy of the licensing credentials or certification, and documentation of one month post-graduate experience in asbestos abatement activities.
(ii) A graduate from an accredited college or university possessing a bachelor's or advanced degree in engineering, architecture, environmental health science, industrial hygiene, occupational health and safety or a related science must submit a copy of the degree, and documentation of three months post graduate experience in asbestos abatement activities.
(iii) A graduate from an accredited college of university possessing an associate's degree in applied science and technology, environmental health science, public health, industrial health or a related science must submit a copy of the degree, and documentation of six months post- graduate experience in asbestos abatement activities.
(iv) All other applicants must submit documentation of one year of experience in asbestos abatement activities. All such experience must be on small or large asbestos projects, and at least half the experience must be on large projects, except employees of electric utilities, whose full year of experience may be on minor or small projects. The applicant's experience in asbestos abatement activities must be listed chronologically and must include each contractor's name, address and phone number; the number of hours worked per week on asbestos abatement activities; the applicant's job title and a brief description of duties; and the size of each project; and
(5) Applicant must achieve a passing grade on a departmental examination, which shall be given in English.
(c) The department may consider applicants who submit additional credentials which are not identical to the categories specified in subdivision (b)(4) above, but who present an equivalent combination of familiarity with abatement activities and demonstrated competence.
(d) An applicant denied a certificate on any grounds other than failure to complete a certificate application or failure to meet the minimum requirements set forth in these rules may request a hearing before the commissioner or his/her designee to contest said denial by submitting a written request for such hearing within ten days of receipt of denial.
(Amended City Record 8/27/2015, eff. 8/27/2015; amended City Record 12/7/2018, eff. 1/6/2019; amended City Record 1/15/2025, eff. 2/14/2025)
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