Md. Code Regs. 26.11.23.01

Current through Register Vol. 51, No. 19, September 20, 2024

Section 26.11.23.01 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "ACBM" means asbestos-containing building material and includes surfacing ACM, thermal system insulation ACM, or miscellaneous ACM that is found in or on internal structural members or other parts of a:

(a) School building; or

(b) Public and commercial building.

(2) "Accreditation" means approval by the Department to engage in an asbestos occupation pursuant to Regulation .03 of this chapter.

(3) "ACM" means asbestos-containing material and includes any material or product which contains more than 1 percent asbestos.

(4) "Asbestos" means the asbestiform varieties of:

(a) Chrysotile (serpentine);

(b) Crocidolite (riebeckite);

(c) Amosite (cummingtonitegrunerite);

(d) Anthophyllite;

(e) Tremolite; and

(f) Actinolite.

(5) "Asbestos abatement" means any activity involving job set-up, removal, encapsulation, enclosure, renovation, repair, demolition, construction, alteration, or maintenance of asbestos-containing material.

(6) "Asbestos occupation" means any job as asbestos abatement worker, asbestos abatement contractor/supervisor, inspector, management planner, or abatement project designer.

(7) "Demolition" means the wrecking or taking out of any load-supporting structural member and any related removing or stripping of asbestos materials.

(8) "Encapsulate" means to coat, bind, or resurface walls, ceilings, pipes, or other structures to prevent friable asbestos from becoming airborne.

(9) "Enclosure" means the construction or installation over or around the ACM of any solid or flexible coverings, which will not deteriorate or decompose for an extended period of time, so as to conceal the ACM, contain ACM fibers, and render the ACM inaccessible.

(10) "Inspector" means an individual performing on-site investigations to locate, identify, classify, record, sample, test, and assess the condition of all friable and nonfriable asbestos-containing materials located within a structure that is a:

(a) School building; or

(b) Public and commercial building.

(11) Interior Space.

(a) "Interior space" means an area inside a school building or public and commercial building.

(b) "Interior space" includes:

(i) An exterior hallway connecting buildings;

(ii) A portico; and

(iii) A mechanical system used to condition interior space.

(12) "Management planner" means an individual using an inspector's data to assess the ACM's hazard, determine appropriate response actions, develop a schedule for implementing the response actions, and prepare management plans for a school building.

(13) "Maryland school" means any elementary or secondary school as defined in § 198 of the Elementary and Secondary Education Act of 1965, 20 U.S.C. § 2854, and that is in Maryland.

(14) "Project designer" means an individual who determines how an asbestos abatement project is conducted in a:

(a) School building; or

(b) Public and commercial building.

(15) Public and Commercial Building.

(a) "Public and commercial building" means the interior space of any building that is not a school building.

(b) "Public and commercial building" includes, but is not limited to:

(i) Industrial and office building;

(ii) Residential apartment building of 10 or more dwelling units;

(iii) Condominium of 10 or more dwelling units;

(iv) Government-owned building;

(v) College;

(vi) Museum;

(vii) Airport;

(viii) Hospital;

(ix) Church;

(x) Store;

(xi) Warehouse; and

(xii) Factory.

(c) "Public and commercial building" does not include a residential apartment building of fewer than 10 dwelling units, a condominium of fewer than 10 dwelling units, or a detached single-family home.

(16) "Public and commercial building asbestos project" means an activity involving the inspection of, project design for, or asbestos abatement in, a public and commercial building.

(17) "Removal" means the physical removal of ACM from a building and disposal of the ACM according to all applicable regulations.

(18) "Repair" means returning damaged ACM to an undamaged condition or to an intact state to prevent fiber release.

(19) "School asbestos project" means any activity involving the inspection of, management plan development for, project design for, or asbestos abatement in a Maryland school.

(20) "Structural member" means any:

(a) Load-supporting member such as beams and load-supporting walls; or

(b) Nonsupporting member such as ceilings and nonload supporting walls.

(21) Supervisor.

(a) "Supervisor", for a school asbestos abatement project, means an individual responsible for:

(i) Oversight or contracting; or

(ii) Directing the work of others involved in school asbestos abatement projects.

(b) "Supervisor", for a public and commercial asbestos abatement project, means an individual responsible for:

(i) Oversight or contracting; or

(ii) Directing the work of others involved in public and commercial building asbestos abatement projects.

(22) "Worker" means an individual who engages in an asbestos abatement project in a:

(a) School building; or

(b) Public and commercial building.

Md. Code Regs. 26.11.23.01