Section 216-RICR-50-15-1.21 - Certification of Consultants1.21.1General RequirementAsbestos consultant services offered for meeting the requirements of this Part must be certified in accordance with § 1.21 of this Part. Applicants, to obtain certification for asbestos consultant services, must submit an application which demonstrates compliance with the requirements of § 1.21 of this Part.
1.21.2Certification of ConsultantsA. Any individual requesting certification as an asbestos consultant must submit a completed application to the Department on forms provided by the Department. The application shall include all information required by the Act, this Part, as well as by the form and accompanying instructions. The appropriate fee(s) required in the rules and regulations pertaining to the Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health (Part 10-05-2 of this Title) must also be submitted with the application.B. In addition to the requirements contained in § 1.21.2(A) of this Part, the individual shall also submit evidence of competence in the activity being requested. The following are minimum criteria for establishing competence in the various activities:1. Asbestos Inspection Services. Successful completion of a Department certified training course covering state-of-the-art techniques in Asbestos Inspection specified by §1.18.8(E) of this Part.2. Asbestos Project Designer Services. Successful completion of a Department certified training course covering state-of-the-art techniques in Asbestos Project Design specified by §1.18.8(G) of this Part.3. Asbestos Management Planner Services. Successful completion of a Department certified training course covering state-of-the-art techniques in Asbestos Management Planning specified by §1.18.8(I) of this Part.1.21.3Suspension or Revocation of Consultant CertificationA. The Department may suspend or revoke any consultant certification issued under § 1.21 of this Part for:1. Failure to maintain appropriate proficiency in the required areas, including failure to successfully complete the annual training requirement specified by § 1.21.7 of this Part.2. Incompetence and/or negligence.3. Submitting false information on an application.4. Failure to discharge activities in accordance with statutory and regulatory provisions contained in this Part.5. Failure to discharge activities in a manner consistent with prevailing standards of practice; or6. Any good cause within the meaning and purpose of this Part or the Act.1.21.4Asbestos Consultant Fees and Issuance/Renewal of CertificatesA. Pursuant to the provisions of R.I. Gen. Laws § 23-24.5-14(c), the Department shall grant a certificate to an Asbestos Consultant who meets the certification requirements set forth in this Part, and upon submission of the certification fee(s) as set forth in the rules and regulations pertaining to the Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health (Part 10-05-2 of this Title), made payable by check to the General Treasurer, State of Rhode Island. Said certificate shall expire one (1) year from the date of issuance unless sooner suspended or revoked. Said certificate may be renewed each year in accordance with the provisions of § 1.21.5 of this Part, upon documentation of compliance with the requirements of § 1.21.7 of this Part, and upon payment of the renewal certification fees as set forth in the rules and regulations pertaining to the Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health (Part 10-05-2 of this Title), made payable by check to the General Treasurer, State of Rhode Island.B. Waiver of Asbestos Consultant Fees. Full time employees of a Local Education Agency (LEA) that maintain Asbestos Inspector or Asbestos Management Planner certificates solely because of requirements contained in the AHERA regulations may receive a waiver of application and certification fees under the following conditions: 1. Each LEA will be limited to three (3) fee waivers for Asbestos Consultant certificates during any twelve (12) consecutive month period. An application for certification as an Asbestos Inspector, Asbestos Management Planner, or Asbestos Project Designer shall be considered as separate fee waivers.2. The applicant's initial or renewal application must be accompanied by a written statement from the LEA Superintendent (or equivalent official) that said applicant's assigned duties require possession of the specified certificate(s).3. The certificate(s) will limit authorized activities to those buildings owned by, or under the direct control of, the LEA, and will terminate before the stated expiration date if the certificate holder is no longer a full-time employee of the LEA.C. Amendments to Asbestos Consultant certificates will not be charged a fee.1.21.5Renewal of CertificationRequests for renewal of certifications issued under § 1.21 of this Part must contain all the information requested by §1.21.2 of this Part without reference to any previously submitted material. All applications for renewal of certification must also include documentation of compliance with the provisions of § 1.21.7 of this Part regarding successful completion of required annual review training.
1.21.6Assessment CriteriaInspection Services certified under § 1.21 of this part shall use the assessment criteria established by § 1.22 of this Part unless the Service is authorized by the Department, in writing, to utilize other assessment criteria.
1.21.7Annual Training RequirementA. Consultants certified in accordance with § 1.21 of this Part must successfully complete the annual training requirements specified below: 1. An individual certified for Asbestos Inspection Services must successfully complete the certified annual review course specified by §1.18.8(F) of this Part.2. An individual certified for Asbestos Project Designer Services must successfully complete the certified annual review course required by §1.18.8(H) of this Part.3. An individual certified for Asbestos Management Planner Services must successfully complete the certified annual review course required by §1.18.8(J) of this Part.216 R.I. Code R. 216-RICR-50-15-1.21
Amended effective 1/1/2019