Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 855 - ASBESTOS ABATEMENT FOR PUBLIC AND PRIVATE SCHOOLS AND COMMERCIAL AND PUBLIC BUILDINGS IN ILLINOIS › Subpart B - LICENSURE AND TRAINING COURSE APPROVAL › Section 855.110 - Contractor Licensing

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Department shall prepare and maintain a list of licensed asbestos abatement
				contractors. The list shall be made available upon request to all school boards
				or building owners and shall be used to select an asbestos abatement
				contractor. The contractor shall possess the qualifications detailed in
				subsection (b).
b) In order to
				qualify as a licensed asbestos abatement contractor, a company shall submit the
				following information to the Department:
1) A
				completed application provided by the Department accompanied by a $250
				nonrefundable fee for the initial review.
2) A certificate documenting that the
				contractor carries liability insurance from a company with at least an "A"
				rating accorded by A.M. Best & Co., self insurance, group insurance, or
				group self insurance in an amount of at least $1,000,000 (first dollar
				coverage) for work performed pursuant to the Act and this Part. Each asbestos
				abatement contractor shall maintain on file with the Department a current
				certificate of financial responsibility throughout the entire length of time
				the contractor's name appears on the Department's list of approved contractors.
				An asbestos abatement contractor shall notify the Department of any change in
				the status of the certificate that has been filed including expiration,
				renewal, cancellation, or alteration of the terms by endorsement of the
				certificate [225
				ILCS 207/45 ]. The certificate documenting evidence of
				insurance shall be the original and shall state that the insurance covers
				asbestos abatement. The certificate shall be issued by an insurance company
				that is authorized to do business in Illinois. The certificate shall be
				submitted to the Department within 48 hours after the expiration date of the
				certificate on file. If the Department does not receive the above mentioned
				certificate documenting evidence of insurance, the asbestos abatement
				contractor will be subject to suspension of his/her license until an acceptable
				certificate is received.
3) A copy
				of the designated supervisor's valid IDPH asbestos supervisor's
				license.
4) Evidence that IDPH
				licensed asbestos workers will be employed on all asbestos abatement projects
				as required by Section
				855.100.
5) A list of prior contracts for asbestos
				abatement projects, including dates and the names, addresses, and telephone
				numbers of building owners for whom the projects were performed. A contractor
				shall have a minimum of one year of experience in asbestos abatement
				contracting. An applicant is also eligible to qualify for a license if employer
				references demonstrate a minimum of one year of experience in asbestos
				abatement project supervision, or shall employ a supervisor with a minimum of
				one year of experience in asbestos abatement project supervision. Evidence of
				experience must accompany the application.
6) Evidence of air monitoring data taken
				during and after completion of previous asbestos abatement projects in
				accordance with
				29 CFR
				1910.1001(d). This evidence
				shall include clearance air monitoring results from 10 different contracted
				asbestos abatement projects. Evidence of air monitoring data must have the name
				of the company that analyzed the final air monitoring results. All final
				results shall be below .01 fibers/cubic centimeter (f/cc). If an applicant
				employs a supervisor with a year of experience of asbestos removal supervision,
				the air monitoring results shall be from projects that the licensed supervisor
				has supervised.
7) A copy of the
				written standard operating procedures and employee protection plans, including
				specific reference to OSHA medical monitoring and respirator training programs
				as required in
				29 CFR
				1910.1001.
8) A description of any asbestos abatement
				projects which were prematurely terminated or not completed, including the
				circumstances surrounding termination, or a signed statement that there were no
				such projects.
9) A list of any
				contractual penalties which the contractor has paid for breach or noncompliance
				with contract specifications, such as overruns of completion time or liquidated
				damages, or a signed statement that there were no such penalties.
10) Copies of any and all citations levied
				against the contractor or any of his/her past or present employees or companies
				by any federal, state or local government agency for violations related to
				asbestos abatement, including names and locations of the projects, the date(s),
				and a description of how the allegations were resolved, or a signed statement
				that there were no such citations.
11) A description detailing all legal
				proceedings, lawsuits or claims which have been filed or levied against the
				contractor or any of his/her past or present employees or companies for
				asbestos-related activities, or a signed statement that there was no such legal
				action.
12) The contractor shall
				identify whether it is a sole proprietorship, partnership or corporation and
				identify its agent and mailing address for service of process by the
				Department. Additionally, if applicable, the contractor shall provide the
				following information to the Department:
A)
				Partnerships:
i) If the contractor is a
				partnership it shall identify the general and limited partners by name,
				together with their addresses and percentage of ownership interest.
ii) If the contractor is a limited liability
				partnership pursuant to the provisions of Section
				8.1 of the Uniform
				Partnership Act [805 ILCS 205/8.1 ], it
				shall file annually with the Department a copy of the application, or renewal
				application, required to be filed with the Illinois Secretary of
				State.
B) Corporation:
				If the contractor is a corporation, either foreign or domestic, it shall file
				with the Department a copy of its articles of incorporation which shall include
				all information required by Section 2.10 of the Business Corporation Act of
				1983 [805 ILCS
				5/2.10 ] and annually thereafter a copy of the annual
				report which is required to be filed with the Illinois Secretary of State
				pursuant to Section 14.05 of the Business Corporation Act of 1983
				[805
				ILCS 5/14.05 ].