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. 108
(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) An individual who is a certified asbestos project inspector, who performs air sampling, visual inspection, or other continuous monitoring on major asbestos projects as required by this Chapter, shall not be an affiliate of an asbestos contractor. 109
(d) Certification shall be valid for one (1) year. The annual fee shall be two hundred twenty-five dollars ($225). 110
(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 six hundred dollars ($600). 111
(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 112 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 two hundred twenty-five dollars ($225). 113
(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 subsection 6-604(5) may be appealed to the Board of License and Inspection Review in accordance with its procedures.
Notes
| 107 | Amended and subsections added, 1988 Ordinances, p. 882. |
| 108 | Amended, Bill No. 970238 (approved June 25, 1997). |
| 109 | Added, Bill No. 110712 (approved December 30, 2011). |
| 110 | |
| 111 | |
| 112 | Referenced material now appears in Title 4, Subcode A, Section A-302.10.5. |
| 113 |