5 Colo. Code Regs. § 1001-10-B-II

Current through Register Vol. 47, No. 16, August 25, 2024

Section 5 CCR 1001-10-B-II - Certification Requirements

II.A. General Requirements

II.A.1. Persons required to be certified as a General Abatement Contractor, Building Inspector, Management Planner, Project Designer, Worker, Supervisor or Air Monitoring Specialist must obtain the appropriate certification from the Division in accordance with this Section II.

II.A.1.a. No certification or registration pursuant to this Section II. will be issued to a person who has failed to pay in full a Division-assessed penalty for violating any provision of this Regulation Number 8, Part B, or to any person who has otherwise failed to comply with any order of the Division, unless the penalty or order is under appeal before the Air Quality Control Commission.

II.A.2. Photo IDs and Certificates

Each individual certified under this regulation must have their state certification photo identification (ID) card or state certificate available at each work site so that Division representatives may check their credentials.

Each individual trained under this regulation must have a copy of their most recent training or refresher certificates available at each work site so that Division representatives may check their credentials.

II.A.3. Reserved

II.A.4. Ownership of Training Certificates

Training certificates are considered to be the property of the accredited individual. Training providers must give duplicate original training certificates to the accredited individual upon request. Training providers may charge a reasonable fee for replacement of training certificates.

II.A.5. Falsification of Training Certificates

Falsification of training certificates or licenses used to obtain state certification is considered to be a violation of these regulations, and will be sufficient reason for the denial of an application for certification, and may result in disciplinary action being taken against an applicant submitting such falsified training certificates or licenses.

II.A.6. An individual may hold more than one certification.

II.B. General Abatement Contractor Certificates

II.B.1. Certificate Duration

General Abatement Contractor (GAC) certificates are valid for a period of one, two or three years.

II.B.2. Application Procedures

A person applying for a General Abatement Contractor (GAC) certificate, renewal of existing certification or reinstatement of expired certification must submit an application on a form specified by the Division and, pay the applicable fee as specified in the table:

Certification	Amount
	1 year	2 years	3 years
GAC (initial)	$2,000.00	N/A	N/A
GAC (renewal)	$1,000.00	$2,000.00	$3,000.00

II.B.3. Training Requirements

No training is required for GACs.

II.B.4. GAC Responsibilities

GACs must ensure that all Workers and Supervisors are appropriately certified in accordance with this Section II (Certification Requirements). The GAC must ensure that it employs at least one Colorado state-certified Supervisor who must be on-site at all times when abatement work is proceeding.

II.C. Worker, Supervisor, Building Inspector, Management Planner, Project Designer Certificates

II.C.1. Certificate Duration

Worker, Supervisor, Building Inspector, Management Planner, and Project Designer certificates will be issued for a period of one, three, or five years and will be valid only while the provisions of Sections II.C.3. (Training Requirements), II.C.4. (Examinations) and II.C.5. (Refresher Training Requirements) are met.

II.C.2. Application Procedures

Anyone applying for a Worker, Supervisor, Building Inspector, Management Planner, or Project Designer certificate, renewal of an existing certificate or reinstatement of an expired certificate must submit an application on a form specified by the Division and, pay the applicable fee as specified in the table:

Certification	Amount
	1 year	3 years	5 years
Worker	$125.00	$375.00	$625.00
Supervisor	$250.00	$750.00	$1250.00
Building Inspector	$175.00	$525.00	$875.00
Management Planner	$175.00	$525.00	$875.00
Project Designer	$250.00	$750.00	$1250.00

II.C.3. Training Requirements

Each individual seeking certification as a Worker, Supervisor, Building Inspector, Management Planner or Project Designer must complete Division-approved training.

II.C.4. Examinations

An individual seeking certification, renewal of an existing certificate or reinstatement of an expired certificate in a specific discipline must pass, on an annual basis, a Division-administered closed book examination for that discipline. Each examination will cover the topics included in the training course for that discipline. The Division will determine the testing schedule and procedures.

II.C.4.a. If an applicant fails to achieve a passing score on a certification exam, on the 1st attempt, the applicant must take a refresher class in the applicable discipline before the applicant may retake the certification exam. After completion of the refresher course, the applicant must submit to the Division the refresher certificate and a new application, including payment of a retesting fee of $125.00.

II.C.4.b. If an applicant fails to achieve a passing score on the 2nd attempt, or any attempt thereafter, the applicant must take an initial course in the applicable discipline before the applicant may retake the certification exam. After completion of the initial course, the applicant must submit to the Division the initial certificate and a new application, including payment of a retesting fee of $125.00.

II.C.4.c. For Section II.C.4.a., an applicant will only be required to retake the portion of the exam that the applicant fails for any two-part exam (Supervisor or Project Designer). For Section II.C.4.b., an applicant must retake both portions of the exam.

II.C.5. Refresher Training Requirements

II.C.5.a. Workers, Supervisors, Building Inspectors, Management Planners or Project Designers who are certified according to this regulation must take an annual refresher-training course from a Division-approved training provider. Prior to the commencement of refresher training, the course provider is required to verify the authenticity of the initial training course certificate and all refresher-training certificates. Individuals not in possession of a valid training certificate must not be given refresher training.

Applicants are ineligible for refresher training if their most recent training certificate has lapsed for a year or longer, in which case the applicant must retake the initial training. During the period in which the individual's training certificate has expired, the state certificate is not valid. State certification becomes valid once the required training has been completed and state certification requirements have been met.

II.C.5.b. The length of annual refresher courses must be as follows:

Certification	Length
Worker	One full day (Eight (8) hours)
Supervisor	One full day (Eight (8) hours)
Project Designer	One full day (Eight (8) hours)
Building Inspector	One half day (Four (4) hours)
Management Planner	One half day Building Inspector and one half day Management Planner

II.C.5.c. All courses, at a minimum, must cover the following topics:

* Changes in Federal and State laws, regulations and requirements;

* Developments and/or changes in state-of-the-art procedures;

* Review of the key aspects of the course; and

* Pertinent developments in the particular discipline or the industry as a whole.

Testing of applicants to determine knowledge gained in the refresher course may be done at the discretion of the course provider.

II.C.6. Combined Certificates

At the request of the applicant, the Division may issue a combined Supervisor/Project Designer or combined Inspector/Management Planner certificate. The applicant must submit an application on a form specified by the Division and pay the applicable fee as specified in the table:

Certification	Amount
	1 year	3 years	5 years
Supervisor / Project Designer	$275.00	$825.00	$1375.00
Building Inspector / Management Planner	$275.00	$825.00	$1375.00

II.D. Air Monitoring Specialist Certificates

Any Individual who performs a final visual inspection or performs any air monitoring referred to in this regulation must be Colorado certified as an Air Monitoring Specialist (AMS).

II.D.1. Certificate Duration

AMS certificates will be issued for a period of one, three, or five years and will be valid only while the Training (II.D.3.a.(i)) and Examination (II.D.3.a.(iv)) requirements are met.

II.D.2. Application Procedures

Anyone applying for an AMS certificate, renewal of existing certification or reinstatement of an expired certificate must submit an application on a form specified by the Division and pay the applicable fee as specified in the table:

Certification	Amount
	1 year	3 years	5 years
Air Monitoring Specialist	$250.00	$750.00	$1250.00

II.D.3. Initial Certification Requirements

II.D.3.a. New AMS Applicants

Each Individual seeking certification as an AMS must satisfy the training, experience and education requirements set forth in he following:

II.D.3.a.(i) Training

Each individual seeking certification as an AMS must successfully complete a Division-approved Air Monitoring Specialist course. An individual certified by the American Board of Industrial Hygiene as a Certified Industrial Hygienist (CIH) is not required to attend those portions of the AMS course that instruct students exclusively on air-monitoring techniques (e.g., pump calibration, cassette placement, cassette handling, etc.).

II.D.3.a.(i)(A) All initial courses required under this Section II.D.3.a. (New AMS Applicants), must, at a minimum, cover the following topics:

* Roles and responsibilities of an AMS

* Characteristics of asbestos and asbestos-containing materials

* Federal and state laws, regulations and requirements

* Understanding building construction and building systems

* Asbestos abatement contracts, specification and drawings

* Response Actions and abatement practices

* Asbestos abatement equipment

* Personal protective equipment

* Air monitoring strategies

* Safety and Health issues other than asbestos-containing material

* Conducting visual inspections

* Legal responsibilities and liabilities of an AMS

* Record keeping and report writing

* Hands-on activities

* Spill delineation

The course provider must test the applicants to determine knowledge gained in the course.

II.D.3.a.(ii) Experience

Each individual seeking certification as an Air Monitoring Specialist must perform the following on-the-job training activities prior to becoming certified:

II.D.3.a.(ii)(A) Under the direct observation of a certified Air Monitoring Specialist, participate in a minimum of 6 final visual inspections and 6 final air clearances on Division permitted asbestos abatement projects.

II.D.3.a.(ii)(B) Under the supervision of a certified Air Monitoring Specialist, successfully perform a minimum of 80 hours of ambient air monitoring.

II.D.3.a.(ii)(C) The Air Monitoring Specialist applicant must provide documentation of this experience on a form specified by the Division. The form will not be complete until signed by the certified Air Monitoring Specialist(s) who supervised and observed the training. This form must be submitted to the Division at the time of application for certification.

II.D.3.a.(iii) Education

Anyone seeking certification as an Air Monitoring Specialist must possess a high school diploma or General Equivalency Diploma (G.E.D.).

II.D.3.a.(iv) Examination

Each individual seeking certification as an Air Monitoring Specialist or renewal of an existing certificate or reinstatement of an expired certificate must pass, on an annual basis, a Division-administered closed book examination. Each examination will cover the topics included in the training course for the discipline. The testing schedule and procedures will be determined by the Division.

II.D.3.a.(iv)(A) If an applicant fails to achieve a passing score on a certification exam on the 1st attempt, the applicant must take a refresher class in the applicable discipline before the applicant may retake the certification exam. After completion of the refresher course, the applicant may retake the exam after submitting to the Division the refresher certificate and a new application, including payment of a retesting fee of $125.00.

II.D.3.a.(iv)(B) If an applicant fails to achieve a passing score on the 2nd attempt, or any attempt thereafter, the applicant must take an initial course in the applicable discipline before the applicant may retake the certification exam. After completion of the initial course, the applicant must submit to the Division the initial certificate and a new application, including payment of a retesting fee of $125.00.

II.D.3.a.(iv)(C) For Section II.D.3.a.(iv)(A), an applicant will only be required to retake the portion of the exam that the applicant failed for this two-part exam. For Section II.D.3.a.(iv)(B), an applicant must retake both portions of the exam.

II.D.3.a.(v) Permissible Activities for AMS Applicants

Any individual seeking certification as an Air Monitoring Specialist who does not yet meet all the requirements for certification, may perform the following activities prior to becoming certified:

II.D.3.a.(v)(A) Air Monitoring

Under the supervision of a certified Air Monitoring Specialist, an individual attempting to obtain the necessary experience to fulfill the Air Monitoring Specialist requirements may collect ambient air monitoring samples on behalf of a certified Air Monitoring Specialist to determine compliance with Section III.U.1. (Maximum Allowable Asbestos Level). The certified Air Monitoring Specialist overseeing the sampling is, responsible for compliance with Section III.U.1. (Maximum Allowable Asbestos Level).

II.D.3.a.(v)(B) Final Visual Inspection and Final Air Clearance

Under the direct observation of a certified Air Monitoring Specialist, anyone attempting to obtain the necessary experience to fulfill the Air Monitoring Specialist requirements must participate in final visual inspections and final clearance air monitoring on Division permitted asbestos abatement projects. The certified Air Monitoring Specialist observing the final visual inspection and final clearance air sampling is responsible for ensuring compliance with Section III.P. (Clearing Abatement Projects).

II.D.4. Recertification Requirements

II.D.4.a. Air Monitoring Specialists who are certified according to this regulation must take an annual refresher-training course from a Division-approved training provider. Prior to the commencement of refresher training, the course provider is required to verify the authenticity of the initial training course certificate and all refresher-training certificates. Individuals not in possession of a valid training certificate must not be given refresher training. The length of the Air Monitoring Specialist refresher course must be one-half day (four (4) hours).

Applicants are ineligible for refresher training if their most recent training certificate has lapsed for a year or longer, in which case the applicant must retake the initial training. During the period in which the individual's training certificate has expired, the state certificate is not valid. State certification becomes valid once the required training has been completed and state certification requirements have been met.

II.D.4.b. All refresher courses required under this Section II.D.4. (Recertification Requirements), at a minimum, must cover the following topics:

* Changes in Federal and State laws, regulations and requirements;

* Developments and/or changes in state-of-the-art procedures;

* Review of the key aspects of the course; and

* Pertinent developments in the particular discipline or the industry as a whole.

Testing of applicants to determine knowledge gained in the refresher course may be done at the discretion of the course provider.

II.E. Training Provided Application Procedures

II.E.1. Any person wishing to offer courses in disciplines for which training or certification is required must be registered as an Asbestos Training Provider. Applicants must apply to the Division for approval, except for the training referenced in Appendix C. Applicants seeking approval for initial training or refresher training courses must submit their request to the Division on a form specified by the Division along with the written course materials and a fee of $250.00 per discipline in which they wish to offer courses.

II.E.1.a. After the initial course approval, Applicants must submit their renewal request to the Division on a form specified by the Division along with a fee of $100.00 per discipline in which they wish to offer courses.

II.E.2. In order for a course to be approved it must adequately address the topics and format contained in the United States Environmental Protection Agency's Asbestos Model Accreditation Plan (MAP), 40 C.F.R. Part 763 (2019), Subpart E, Appendix C. The Commission recommends the use of audiovisual materials to complement lectures in these courses, where appropriate.

II.E.3. After reviewing the application for course approval, and if the submission meets the requirements in Section III.E.2., the Division will provide a response on the application no more than 90 days after receiving a complete application packet from the Training Provider. In the case of disapproval, a letter describing the reasons for disapproval will be sent to the applicant. Prior to disapproval, the Division may, at its discretion, work with the applicant to address inadequacies in the application. If the Division disapproves a Training Provider's application, the applicant may reapply at any time.

II.E.4. If an applicant has been informed that the course is approved, the course is considered to have contingent approval, and the applicant may begin offering courses in the State. Final approval of the course will not be granted until the Division has audited the course and determined that the course meets the requirements of this regulation.

II.E.5. After contingent approval has been granted by the Division, the applicant must make application, if necessary, with the Department of Higher Education, Division of Private Occupation Schools (DHE/DPOS), for approval as an occupational education course. Failure to follow the DHE/DPOS regulations or failure to obtain or retain DHE/DPOS approval may result in the de-certification of the course by the Air Pollution Control Division (APCD).

II.E.6. Applicants who wish to offer courses already approved by the Environmental Protection Agency or by a state whose training requirements are at least as stringent as the Commission's and whose asbestos certification program has been approved by EPA will be granted reciprocity to teach classes in Colorado. The approval granted to such course provider will be at the same level as that already approved by EPA or another state. The applicant will be subject to all requirements outlined in this regulation.

II.E.7. Any substantive change to the approved initial course curriculum or agenda, daily schedule or audiovisual materials must be approved by the Division prior to being implemented.

II.F. Instructor Qualifications

Qualified instructors must teach all courses. The minimum qualifications for instructors must be:

II.F.1. A high school diploma or GED;

II.F.2. AHERA training and Colorado certification for the discipline being taught must be current at the time a course is taught by the instructor. Variances for out-of-state instructors will be considered on a case-by-case basis;

II.F.3. Three (3) years of field experience in the discipline being taught. This may be obtained by any of the following combinations:

II.F.3.a. Actual field experience in the discipline being taught, such as; performing abatement activities as a Worker or Supervisor; or performing inspection and/or management planning activities; or performing project design activities; or performing Air Monitoring Specialist activities.

II.F.3.b. Teaching, as a Division approved assistant instructor in the discipline being taught, under the direct supervision of a Division-approved full instructor, with one (1) month of teaching equal to one (1) month of experience.

II.F.3.c. Collegiate or seminar-type classes, relevant to the discipline in which the individual wishes to receive instructor status (e.g., NIOSH 582, 7400 courses, etc.) with one (1) week of training equal to one (1) month of experience.

II.F.4. Applicants seeking approval as an instructor must submit their request to the Division on a form specified by the Division along with documentation of experience claimed or instruction received. This must include submission of a resume with telephone numbers, and references, that are provided to allow for verification by the Division.

II.F.5. After reviewing the application for instructor approval and if the submission meets the requirements in Sections III.F.1 - 3. the Division will provide a response on the application no more than 90 days after receiving a complete application packet. In the case of disapproval, a letter describing the reasons for disapproval will be sent to the applicant. Prior to disapproval, the Division may, at its discretion, work with the applicant to address inadequacies in their application. If the Division disapproves an application, the applicant may reapply at any time.

II.F.6. The Division will inform the applicant in writing whether or not they have contingent approval as a full instructor or as an assistant instructor. The applicant may then begin instructing asbestos courses in Colorado. An instructor's contingent approval will expire two years from the date of issuance, unless they have received final approval.

II.F.7. Final approval will be granted once the Division has audited an instructor's course(s) and determined that the instructor is able to effectively communicate and teach the principles and practices of the discipline(s) being taught. The Division will inform the applicant in writing when they have final approval as a full instructor or as an assistant instructor.

II.F.7.a. Full instructor means an individual who meets the minimum qualifications under subsection II.F. (Instructor Qualifications). A full instructor may deliver all of the training material for the course and supervise an assistant instructor.

II.F.7.b. Assistant instructor means an individual who does not meet the minimum experience qualifications under Section II.F.3. An assistant instructor may instruct one or more specific course topics if qualified and under the direct supervision of a full instructor. An assistant instructor must have at least one (1) year of field experience or a minimum of one thousand two hundred and fifty (1,250) hours in the discipline being taught. Topics of instruction will be identified by the Division.

II.F.7.c. Guest speaker means an individual who is not a full instructor or assistant instructor, but is qualified on the basis of professional expertise to address a specific topic of an approved training course. A guest speaker must provide written documentation detailing the speaker's experience training and/or academic credentials to the training provider, prior to conducting training.

II.F.8. After approval, full instructors and assistant instructors must register with the Division on an annual basis. Applicants seeking to be registered must submit their request to the Division on a form specified by the Division.

II.F.9. All instructors must meet the requirements both at the time of course submission for approval and at the time the course is being taught.

II.G. Training Course Notifications

II.G.1. On a form specified by the Division, training providers must notify the Division in writing of scheduled courses at least two weeks (10 working days) prior to the offering of the course. Notification of course cancellations must be provided to the Division by 5:00 p.m. the day prior to the course offering.

II.G.2. For any course in which training or certification is required, the Training Provider must submit, on a form specified by the Division, a list of students who took the course and a fee of $10.00 per student to the Division no later than 30 calendar days after the conclusion of the course.

II.G.3 On each course notification, the training provider must show what portions of the course will be taught by each full instructor, assistant instructor or guest speaker.

II.H. Training Course Audits

The Division may audit any training course given for the purpose of preparing individuals for State certification. Any significant omissions or deficiencies may result in the de-certification of a course or the disapproval of an instructor. There will be no charge to the Division for auditing a training course.

II.I. Reciprocity

II.I.1. An individual who has a valid AHERA training certificate, from another state, District of Columbia or other territory of the United States, or other Division-approved national entity which has a certification and testing program that has been approved by the EPA, which is at least as stringent as the Commission's and is compliant with Colorado requirements, may apply for Colorado certification by submitting an application on the form specified by the Division, along with their training documents and the applicable fee. Applicants must successfully pass a Division-administered closed book examination for the discipline in which they are seeking reciprocity before Colorado certification will be issued.

II.I.2. Those individuals applying under this Section II.I. (Reciprocity) for Colorado certification as a Supervisor or project designer must also successfully pass a Division-administered closed book examination on state laws and regulations before Colorado certification will be issued.

II.I.3. Those individuals applying under this Section II.I. (Reciprocity) for Colorado certification as an Air Monitoring Specialist must also:

II.I.3.a. provide documentation to the Division of training which is at least as stringent as the training required in Section II.D.3.a.(i);

II.I.3.b. provide documentation to the Division showing that they have been certified to and have been conducting Air Monitoring Specialist activities for at least 1 year, and

II.I.3.c. pass the written examination as described in Section II.D.3.a.(iv) (examinations).

II.I.4. After receiving Colorado certification, the applicant will be subject to all requirements outlined in this regulation regarding training and application for renewal of Colorado certification, including testing requirements.

II.I.5. The applicant must provide documentation to the Division as may be necessary to allow the Division to determine if a reciprocal certificate should be issued.

II.J. Project Manager Qualifications

II.J.1. There is no Project Manager certification requirement. Where a Project Manager is required pursuant to this Regulation Number 8, Part B, the Project Manager must satisfy the certification, academic training, experience, and educational requirements set forth in the following:

II.J.1.a. Certification as a Project Designer in accordance with this Section II. Project Managers must have proof of this certification with them on the project site.

II.J.1.b. Successful completion of a Division-approved Air Monitoring Specialist course. A 4-year college degree in industrial hygiene, a degree in environmental health with a major concentration in industrial hygiene, or the possession of a certified industrial hygienist (CIH) certificate given by the American Board of Industrial Hygiene (ABIH), may be substituted for the Air Monitoring Specialist course. Project Managers must have proof of the required training with them on the project site.

II.J.1.c. A minimum of one (1) year of experience supervising, overseeing or monitoring asbestos abatement projects.

II.J.1.d. Possession of a high school diploma or G.E.D.

II.K. Denial, Suspension, Revocation, or Refusal to Renew Certification

The Division may deny, suspend, revoke, or refuse to renew certifications in accordance with the provisions of § 25-7-508, C.R.S.

II.L. Asbestos Consulting Firm Registration

Any person performing or offering to perform asbestos consulting firm activities as defined in this regulation must be registered as an Asbestos Consulting Firm. Applicants seeking to be registered must submit their request to the Division on a form specified by the Division along with an annual fee of $500.00. Cities, counties, municipalities or any other governmental entity employing appropriately trained and certified personnel will be exempt from registering and paying this fee.

II.M. Asbestos Laboratory Registration

Any person performing or offering to perform asbestos laboratory activities as defined in this regulation must be registered as an Asbestos Laboratory. Applicants seeking to be registered must submit their request to the Division on a form specified by the Division along with an annual fee of $250.00.

II.N. Exemptions

The following sections of the regulation contain exemptions from certain requirements. Please refer to the indicated section for the specific details of the exemption.

* Certified Industrial Hygienists are exempted from certain training requirements. See Sections II.D.3.a. and Section II.J.

5 CCR 1001-10-B-II

37 CR 18, September 25, 2014, effective 10/15/2014

38 CR 05, March 10, 2015, effective 3/30/2015

38 CR 18, September 25, 2015, effective 10/15/2015

39 CR 18, September 25, 2016, effective 10/15/2016

40 CR 12, June 25, 2017, effective 7/15/2017

41 CR 11, June 10, 2018, effective 6/30/2018

42 CR 16, August 25, 2019, effective 9/14/2019

43 CR 03, February 10, 2020, effective 1/16/2020

43 CR 03, February 10, 2020, effective 3/1/2020

43 CR 12, June 25, 2020, effective 7/15/2020

44 CR 04, February 25, 2021, effective 3/17/2021

44 CR 12, June 25, 2021, effective 7/15/2021

45 CR 12, June 25, 2022, effective 7/15/2022

46 CR 12, June 25, 2023, effective 7/15/2023

47 CR 12, June 25, 2024, effective 7/15/2024