Section 216-RICR-50-15-1.4 - General Provisions1.4.1Exemptions, Variance and Practices and ProceduresA. The requirements for licensing and the submission of an asbestos abatement plan shall not apply to the performance of spot repairs.B. The requirements for licensing and the submission of an asbestos abatement plan shall not apply to private residences as defined in this Part.C. Variance Procedures 1. The Department may grant a variance, either upon its own motion or upon request of the applicant, from the provisions of any rule or regulation in a specific case if it finds that a literal enforcement of such provision will result in unnecessary hardship to the applicant and that such a variance will not be contrary to the public interest, public health and/or health and safety of the public.2. A request for a variance shall be filed by an applicant in writing, setting forth in detail the basis upon which the request is made. Upon filing of each request for a variance with the Department, and within thirty (30) days thereafter, the Department shall notify the applicant by certified mail of its approval, or in the case of a denial, a hearing date, time and place may be scheduled if the applicant appeals the denial and in accordance with the provisions of §1.4.1(D) of this Part.D. Rules Governing Practices and Procedures All hearings and reviews required under the provisions of R.I. Gen. Laws Chapter 23-24.5 shall be held in accordance with the provisions of the rules and regulations governing the Practices and Procedures Before the Rhode Island Department of Health (Part 10-05-4 of this Title).1.4.2ProhibitionsA. No asbestos abatement project shall be undertaken unless the Asbestos Contractor is licensed with the Department and an asbestos abatement plan has been approved by the Department.B. No on-site work for an approved asbestos abatement project may be conducted unless at least one of the Asbestos Contractor's licensed Asbestos Supervisors and an individual certified by the American Red Cross (or equivalent) in Cardio-Pulmonary Resuscitation and basic first-aid are physically present on the job site.C. No owner shall allow any person to be exposed to friable asbestos materials when such exposure is a violation of the provisions of the Act, this Part or the indoor non-occupational air exposure standard defined in § 1.5 of this Part.D. No building or demolition permit involving asbestos abatement shall be issued by any municipal or state official unless the application for the permit includes a certified copy of an approved abatement plan and a certified copy of the license of the Asbestos Contractor who shall undertake the work.E. Individuals certified only for spot repairs in accordance with § 1.19 of this Part shall not undertake any asbestos abatement project which is: 1. Larger than the size limits for a Spot Repair as defined by this Part; or2. In buildings other than those specifically authorized on their Certification.1.4.3Closing of BuildingsA. The Director of Health may prohibit and/or limit access to any building or portion of a building in which the Director, after notice and hearing, has found to contain friable asbestos in such condition or amount that there exists a public health danger. Access to such areas shall be limited to individuals designated as competent persons for said area or certified as consultants in accordance with § 1.21 of this Part.B. No building or portion thereof to which access has been prohibited and/or limited in accordance with the provisions of §1.4.3(A) of this Part above shall be reopened to unlimited access until the Director of Health issues a reoccupancy permit.216 R.I. Code R. 216-RICR-50-15-1.4
Amended effective 1/1/2019