Section 28.07 - Certification of Consulting Service Providers and Individual Asbestos Consultants(1)Scope of Certification of Asbestos Consulting Service Providers. Firms, corporations, businesses or entities performing Asbestos Consulting functions listed in 454 CMR 28.07(5)(a)1. through 4. shall be Certified prior to engaging in such services. A Certificate issued by the Department to a provider of Asbestos Consulting Services is valid for a period of one year.(2) Asbestos Consulting Service Providers must ensure employees have required current training and appropriate licenses pursuant to 454 CMR 28.07(5)(b) 1. through 4. prior to engaging in those services.(3) Applicants for Certification as providers of Asbestos Consulting Services shall submit the following to the Director: (a) A completed application form with attachments as prescribed by the Director which shall, at a minimum, include the following:1. A list of all names, acronyms or other identifiers by which the applicant does or has done business, and the address(es) and telephone number(s) of the business(es).2. A list of the states in which the applicant holds, or has held, a license or certification, accreditation, or other approval for Asbestos Consulting Services.(4)Renewal of an Asbestos Consulting Service Certification. The Director may renew an Asbestos Consulting Service Certification upon written application for renewal by the Certification holder. Renewal applications should be submitted to the Department no later than 30 calendar days before the expiration of the current Certificate. The submission of a renewal application later than 30 days before the expiration of the current Certificate may result in renewal after the expiration of the current Certificate. Said application for renewal shall include submission of the items referenced at 454 CMR 28.07(3)(a)1. through 9. The application may be made electronically at the Department's website or be mailed to the Department.(5)Licensure of Asbestos Consultants. (a)Scope of Licenses. Persons performing the Asbestos Consulting functions listed in 454 CMR 28.07(5)(a)1. through 4. shall be licensed in the appropriate discipline prior to engaging in such work. Persons performing the work of more than one Asbestos Consultant discipline shall be separately licensed, except that a person who is licensed as an Asbestos Management Planner may perform the functions of an Asbestos Inspector without being separately licensed. 1.Asbestos Inspector. Licensure as an Asbestos Inspector authorizes the consultant to review building records, perform visual inspections, collect samples, prepare written inventories and conduct other forms of investigation necessary to determine and document the presence and condition of known or suspect ACM in facilities. Licensed Asbestos Inspectors shall apply current concepts and state of the art knowledge to evaluate the conditions and accessibility of ACM and shall otherwise conduct their activities according to procedures described in 454 CMR 28.00 and current EPA guidance documents or applicable federal laws or rules and regulations.2.Asbestos Management Planner. Licensure as an Asbestos Management Planner authorizes the consultant to utilize information developed from facility inspections to assess potential hazards of ACM and to select and recommend asbestos hazard control and response actions.3.Asbestos Project Designer. Licensure as an Asbestos Project Designer authorizes the consultant to design Asbestos Response Actions through preparation of job specifications, bidding documents, architectural drawings and schematic representations of material locations. Except as mandated by AHERA for Asbestos Response Actions conducted in school facilities, the preparation of asbestos project designs is recommended, but not required by 454 CMR 28.00. Where asbestos project designs are prepared, such preparation shall only be performed by persons licensed as Asbestos Project Designers pursuant to 454 CMR 28.07.4.Asbestos Project Monitor. Licensure as an Asbestos Project Monitor authorizes the consultant to function as the on-site representative of the facility owner or other persons, interpret project specifications or asbestos management plans and monitor and evaluate contractor or employee compliance with applicable rules, regulations, or specifications, including the collection of air samples and to conduct clearance inspections at Asbestos Project sites. Licensure as an Asbestos Project Monitor or any other Asbestos Consultant discipline is not required for persons collecting only (asbestos) personal air monitoring samples.(b)Qualifications for Licensure. Asbestos Consultants must possess the applicable prerequisites for Licensure listed at 454 CMR 28.07(4)(b)1. through 4. 1.Asbestos Inspectors. Applicants must have successfully completed the training requirements set forth at 454 CMR 28.05(4)(c) and must have, at a minimum:a. A high school diploma and a minimum of six months experience in an occupation comparable to that of asbestos inspection or two months field experience under the direct supervision of a licensed Asbestos Inspector or Management Planner on no fewer than 15 inspections; orb. A combination of education and experience equivalent to that set forth in 454 CMR 28.07(5)(b)1.a., as determined by the Director.2.Asbestos Management Planners. Applicants must have successfully completed the training requirements set forth at 454 CMR 28.05(4)(d) and must have, at a minimum: a. An associate degree or certificate in project planning, management, environmental sciences, engineering, construction, architecture, industrial hygiene, occupational health, or a related scientific field; andb. Six months experience in the asbestos abatement field, including experience in asbestos management planning; orc. A combination of education and experience equivalent to that set forth in 454 CMR 28.07(5)(b)2.a. and b., as determined by the Director.3.Asbestos Project Designers. Applicants must have successfully completed the training requirements set forth at 454 CMR 28.05(4)(e) and must have, at a minimum:a. A bachelor's degree in industrial hygiene, occupational health, or environmental, biological or physical science;b. Current status as a registered architect or engineer with a minimum of 12 months experience in asbestos abatement fields; orc. A combination of education and experience equivalent to that set forth in 454 CMR 28.07(5)(b)3.a. and b., as determined by the Director.4.Asbestos Project Monitors. Applicants must have successfully completed the training requirements set forth at 454 CMR 28.05(4)(f) and must have, at a minimum: a. Two years of college credit or an associate or technical degree or equivalent;b. Two years of experience in the asbestos abatement field may be used to substitute for college credit requirement above;c. Field experience in performing project monitoring work under the direct supervision of a licensed Asbestos Project Monitor on no fewer than 15 Asbestos Response Actions occurring over a period of at least two months; ord. A combination of education and experience equivalent to that set forth in 454 CMR 28.07(5)(b)4.a. and b., as determined by the Director.(c)Application for Licensure as an Asbestos Consultant. Applicants for Licensure in one or more of the consultant disciplines must submit the following: 1. A completed application form with attachments as prescribed by the Director.2.Proof of Age and Identification. A list of acceptable forms of identification is available from any Department office upon request.3. Asbestos training certificates indicating that the applicant has successfully completed the applicable initial and refresher training requirements specified by 454 CMR 28.05(2), (4)(c) through (f), or (5). Where the Department or the asbestos licensing agency of another state has previously licensed the applicant in the applicable discipline, only those certificates for training that has been received since the effective date of the most recently issued Asbestos Consultant License need be presented. Legible copies of asbestos training certificates may be presented as evidence of successful completion of the required training, except that the training certificate for the most recently received training must be an original. DLS License cards must be presented as documentation of past Licensure. The Director may, at his or her discretion, require the applicant to produce further evidence of having fulfilled the applicable training or Licensing requirements of 454 CMR 28.07(5)(b)1. through 4.4. Documentation of fulfillment of applicable experience requirements, as set forth in 454 CMR 6.07(5)(b)1. through 4.5. A list of all citations or notices of violation relating to occupational health and safety and environmental protection, including notices of noncompliance, notices of responsibility, notices of intent to assess an administrative penalty, orders, consent orders and court judgments, received by the applicant in the five years prior to the date of application, and the issuing agency or department and final disposition of such citation or notice.6. Such other information as the Director may reasonably require.7. A fee payable to the Commonwealth of Massachusetts in the amount of the entire annual fee established for such certificate by M.G.L. c. 7, § 3B, plus any applicable surcharges. A schedule of asbestos and lead licensing fees and surcharges is available from any Department office upon request. A person applying for Licensure as an Asbestos Inspector and as an Asbestos Management Planner at the same time need pay only one fee. If the Director denies, revokes, suspends or refuses to renew a license for reasons specified in 454 CMR 28.16, the fee payment is not refundable.(d)Renewal of an Asbestos Consultant License. An Asbestos Consultant license is valid for a period of one year. The Director may renew an Asbestos Consultant license, provided the current license holder makes written application for renewal or files for renewal electronically from the DLS webpage. Application for renewal should be made no later than seven calendar days before the expiration of the current license. The submission of a renewal application later than seven days before the expiration of the current license may result in renewal after the expiration of the current license. Said application for renewal must include submission of the items referenced at 454 CMR 28.07(5)(c)1. through 7., including a current certificate of refresher training in the discipline for which Licensure is sought, as specified at 454 CMR 28.05(5).(6)Delivery of Services by Certified Asbestos Consulting Service Providers and Asbestos Consultants.(a)Requirement for Use of State-of-the-art Consultative Practices. Because of the highly diversified, technical nature of Asbestos Consulting Work, comprehensive requirements for the conduct of this work are not set forth in 454 CMR 28.00. Certified Asbestos Consulting Service Providers and Asbestos Consultants must ensure that the functions authorized at 454 CMR 28.07(1)(a)1. through 5., as applicable, are performed in accordance with the requirements of 454 CMR 28.00, applicable EPA asbestos standards and protocols, including 40 CFR Part 763, Subpart E, other applicable federal standards and in accordance with professional standards generally recognized as "state of the art" or "best practices" by the Asbestos Consulting industry and asbestos professional associations, and in accordance with current practices taught by Certified Training Providers. The Department has final determination as to what constitutes "State-of-the-art".(b)Requirement for Signing Entry/Exit Logs at Asbestos Response Action Worksites. Asbestos Consultants who enter the Work Area of an Asbestos Response Action must make the entries in the sign-in/out log specified at 454 CMR 28.10(4)(a)2. as a condition of Licensure.(7)Maintenance, Submission and Retention of Records. Asbestos Consulting Service Providers, must maintain the records as indicated at 454 CMR 28.06(8) and make said records available to the Director upon request. Entities must provide photocopies of such records or documents within ten business days of receipt of a written request from the Director. Records and documents required to be kept by 454 CMR 28.15 must be retained for a period of 30 years from the date of project or activity completion. Entities or persons ceasing to do business, or relocating the principal place of business must so notify the Director in writing within 30 days of such event. The Director, on receipt of such notification may instruct that the records be surrendered to the Department, or may specify a repository for such records. The entity or person must comply with the Director's instructions within 60 days.(8) Certified Asbestos Consulting Service Providers must maintain the following records at the principal place of business:(a) Copies of all documents required for Certification pursuant to 454 CMR 28.07.(b) Records of all recommendations provided, records of services including sampling times and locations, asbestos air and bulk sampling, including the date collected, the location from which the sample was collected, the method used and the analytical results. Air sample results must include the start and end times of the sample collection, the flow rate, volume of air collected and the sample locations and including the identity of the sender, and the laboratory identification number providing analysis.(c) Names, license number and expiration, addresses, telephone numbers and training documents of each person who performed asbestos consultation for the Certified Asbestos Consultation Services, with the dates of employment or utilization.Adopted by Mass Register Issue 1440, eff. 4/2/2021.Amended by Mass Register Issue 1486, eff. 1/6/2023.