19 Del. Admin. Code § 4103-16.0
Current through Register Vol. 28, No. 7, January 1, 2025
Section 4103-16.0 - Asbestos Project Monitors Certification16.1 No Professional Service Firm or person employed by the firm or individual shall engage in project Monitoring, air sampling, inspections, project management and final air clearances, unless such technician has a valid Asbestos Project Monitors Certification from Facilities Management.16.2 Any Project Monitors whose duties involve the oversight of installation, removal, encapsulation, application or enclosure of any asbestos material or the disturbance of friable asbestos material, or cementations asbestos material that can become friable by disturbance, shall have an Asbestos Project Monitors Certificate.16.3 Certified Project Monitors have the authority and responsibility to issue a written stop work order for any violations of Federal or State statutes or of this Regulation.16.4 The qualifications required for certification as Asbestos Project Monitors are: 16.4.1 Delaware Certification as a Certified Asbestos Project Monitors. The Project Monitors must meet the prerequisites as outlined under Section[ 4.1] of this Regulation.16.4.2 Other requirements as determined by Facilities Management, as changes to Federal and State statutes dictate.16.5 All applications for Asbestos Project Monitors Certification shall be submitted as follows:16.5.1 Submitted in writing on forms provided by the Division of Facilities Management or the State of Delaware website.16.5.2 Completion of such forms may require the inclusion of any information deemed appropriate by Facilities Management. Along with such application forms, every applicant shall submit full face photographs of himself/herself in such number and sizes as Facilities Management shall prescribe. Such photographs shall have been taken within thirty (30) days of such application.16.5.3 Each application for Asbestos Project Monitors Certificate shall contain a verified statement by the applicant that he/she will abide by all rules and regulations promulgated by Federal and State agencies as appropriate.16.5.4 Completed applications shall be sent to the address specified in the application package accompanied by a non-refundable application fee of fifty dollars ($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.16.5.5 Facilities Management shall notify the applicant in writing no later than thirty (30) days from receipt of the certification application of the issuance or denial of the certification or the need for further information from the applicant in order to process the certification application. Notification of denial of a certificate on grounds other than failure to complete the certification application shall set forth the grounds for such denial. An applicant denied certification may request a hearing before the Director of the Division of Facilities Management or his/her designee by submitting a written request for such hearing within thirty (30) days of receipt of denial.16.5.6 An Asbestos Project Monitors Certification shall be valid for a period of one (1) year from the date of training unless sooner suspended and/or revoked. Retraining and re-certification is required annually.16.5.7 An Asbestos Project Monitor may be suspended, denied or have the license revoked for violations of any part of this Regulation.19 Del. Admin. Code § 4103-16.0
17 DE Reg. 446 (10/1/2013) (Final)