19 Del. Admin. Code § 4103-2.0
In November 1979, national attention was drawn to the possibility that friable asbestos-containing fireproofing, thermal insulation, soundproofing in schools and other state-owned facilities may pose a threat to school children, employees and visitors to these facilities. Similar problems were found to have existed in any building that contained friable asbestos. After surveys were performed on each public school, state-owned and state-leased buildings, the Division of Facilities Management of the State of Delaware Office of Management and Budget established programs to manage and remove asbestos-containing materials safely in each facility. In October 1986, Congress passed and the President signed into law the Asbestos Hazard Emergency Response Act (AHERA) for public and private schools. This federal act established industry standards that are required for inspection, testing, managing, and removal.
The Division of Facilities Management has determined that it is in the interest of the public to control, reduce, and prevent the exposure to asbestos. The Division of Facilities Management finds that the application, use, enclosure, removal, and/or encapsulation of asbestos-containing material, when improperly performed, creates unnecessary health and safety hazards which are detrimental to the State's interest, and the interests of its citizens, in terms of wage loss, insurance, medical expenses disability compensation payments, family life, and preservation of human resources.
A great many general contractors, professional service firms, painters, roofers, electricians, siding contractors, sealant manufacturers, equipment distributors, have entered the field of asbestos abatement. At times, because of the lack of regulation, contractors and other tradespersons engaged in asbestos abatement without being aware of the hazards in a manner that was potentially dangerous to those improperly engaging in abatement practices and those exposed to friable asbestos due to such improper abatement practices.
Certification of asbestos abatement contractors, asbestos professional service person/firms and Project Monitors, asbestos abatement workers, and asbestos project supervisors for asbestos abatement will reduce the public exposure to friable asbestos by helping to assure that asbestos operations are performed by trained personnel in accordance with state-of-the-art work practices. Approved training programs will assure that all contractors performing asbestos abatement work have demonstrated the ability to perform this work without endangering their health, the health of building occupants, or the general public.
Therefore, it is the purpose of this Regulation to safeguard the public by requiring that renovations or demolitions which disturb asbestos be conducted by contractors, supervisors, and workers certified by the Division of Facilities Management
It is the purpose and the policy of the Division of Facilities Management to insure the health, safety, and welfare of the public by ensuring that asbestos abatement is performed in a manner which will minimize the risk of exposure to asbestos by:
19 Del. Admin. Code § 4103-2.0