19 Del. Admin. Code § 4103-7.0
Current through Register Vol. 28, No. 7, January 1, 2025
Section 4103-7.0 - Application for Asbestos Abatement Contractor Certification or Renewal of Certifications7.1 All applications for Asbestos Abatement Contractor Certification shall be submitted as follows: 7.1.1 All applications for Asbestos Abatement Contractor Certification shall be submitted in writing on forms furnished by Facilities Management. Copies of such forms may be obtained from the Division of Facilities Management.7.1.2 Completion of such forms may require the inclusion of any information required by Facilities Management.7.1.3 Each certification application shall contain a verified statement by the applicant for certification or its duly authorized representative that any person employed by the applicant on any asbestos abatement project whose duties involve the installation, removal, encapsulation, application or enclosure of asbestos material, or the disturbance of friable asbestos, or the disturbance of cementitious asbestos material that can become friable by handling or disposal, the construction of a containment, or the supervision thereof, shall have a valid Asbestos Project Supervisors or Asbestos Workers Certificate as required by this Regulation, that the contractor will provide such persons with a copy of this Regulation and notify him/her of the obligation to abide by their provisions and that the contractor will abide by all rules and regulations promulgated by Facilities Management pursuant to the laws of the State of Delaware.7.1.4 Completed application shall be sent to the address specified in the application package accompanied by a non-refundable application fee of one hundred ($100.00) dollars. 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.7.1.5 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 certification on any grounds other than failure to complete the certification application shall set forth the grounds for such denial.7.1.6 An Asbestos Abatement Contractor Certificate shall be valid for a period of one (1) year from the date of issuance unless sooner suspended or revoked.7.1.7 An applicant denied certification on any grounds other than failure to complete an application 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.7.2 All applications for renewal of Asbestos Abatement Contractor Certification shall be submitted as follows: 7.2.1 A certificate holder who intends to seek renewal of an Asbestos Abatement Contractor Certification issued by Facilities Management under this Regulation shall submit application to renew the certificate at least thirty (30) days prior to its expiration. The renewal application may request the applicant to inform Facilities Management of any changes in information previously provided to Facilities Management and any other information deemed by Facilities Management to be relevant.7.2.2 The completed application shall be sent to Facilities Management at the address specified in the application package accompanied by a non-refundable renewal application fee of one hundred dollars ($100.00). 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 fee for certification renewal. The renewal fee for Class "B" contractor shall be one hundred ($100.00) dollars.7.2.3 Facilities Management shall notify the renewal applicant in writing of the issuance or denial of the certification renewal or the need for further information from the applicant in order to process the application. Notification of denial of a certification renewal on any grounds other than failure to complete the renewal application shall set forth the grounds for such denial. An applicant denied renewal of 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.7.2.4 In the event the contractor fails to renew the certification before the expiration date, the contractor's certification will expire. Any contractor whose certification has expired shall be required to reapply for certification under the provisions of this Regulation.7.2.5 It shall be unlawful for any contractor to engage in or offer to engage in any asbestos abatement projects or activities within the State of Delaware if the contractor certification has expired. In addition, all other restrictions outlined in this Regulation apply for any contractor whose certification has expired and/or not been renewed.7.3 The certificate for an Asbestos Abatement Contractor shall: 7.3.2 Contain the date of issuance.7.3.3 Contain an expiration date.7.3.4 Contain the name and address of the contractor to whom it is issued.7.3.5 Be valid for one (1) year for Class "A" Contractors, and Professional Service Firms from the date of issuance unless sooner suspended or revoked.7.3.6 Be signed by the Director of the Division of Facilities Management or his/her designee.7.3.7 Contain the contractor certification number.7.3.8 Indicate Asbestos Abatement Contractor category, i.e. Class "A " (Unlimited) or Class "B" (Limited).19 Del. Admin. Code § 4103-7.0
18 DE Reg. 736 (3/1/2015) (Final)