North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 41 - EPIDEMIOLOGY HEALTH › Subchapter C - OCCUPATIONAL HEALTH › Section .0600 - ASBESTOS HAZARD MANAGEMENT PROGRAM › Section 41C .0601 - GENERAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The definitions
				  contained in
				  G.S.
				  130A-444 and the following definitions shall
				  apply throughout this Section:
(1) "Abatement
				  Designer" means a person who is responsible for planning all phases of an
				  asbestos abatement design from abatement site preparation through disassembly
				  of all abatement area barriers and who meets the requirements of Rule .0602(c)
				  of this Section.
(2) "Abatement
				  Project Monitoring Plan" means a written project-specific plan for conducting
				  visual inspections and ambient and clearance air sampling.
(3) "Air Monitor" means a person who
				  implements the abatement project monitoring plan, collects ambient and
				  clearance air samples, performs visual inspections, or monitors and evaluates
				  asbestos abatement, and who meets the requirements of Rule .0602(c) of this
				  Section.
(4) "Asbestos Abatement
				  Design" means a written or graphic plan that is prepared by an accredited
				  abatement designer as defined in Subparagraph (a)(1) of this Rule and that
				  specifies how an asbestos abatement project will be performed. An asbestos
				  abatement design shall include, at minimum, the following:
(A) a scope of work and technical
				  specifications;
(B) the asbestos
				  abatement designer's signature; and
(C) the accreditation number.
(5) "Completion Date" means the
				  date on which all activities on a permitted asbestos removal requiring the use
				  of accredited workers and supervisors are complete, including the disassembly
				  of all removal area barriers.
(6)
				  "Emergency Renovation Operation" means the same as defined in 40 CFR Part
				  61.141 and as adopted in Rule .0609 of this Section.
(7) "Inspector" means a person who examines
				  buildings or structures for the presence of asbestos containing materials,
				  collects bulk samples, or conducts physical assessments of the asbestos
				  containing materials, and who meets the requirements of Rule .0602(c) of this
				  Section. A person whose asbestos inspection activities are limited to roofing
				  products is not considered an inspector under this definition if the person is
				  accredited as a roofing supervisor under this Section.
(8) "Installation" means any building or
				  structure or group of buildings or structures at a single site under the
				  control of the same owner or operator.
(9) "Management Planner" means a person who
				  interprets inspection reports, conducts hazard assessments of asbestos
				  containing materials, and prepares written management plans, and who meets the
				  requirements of Rule .0602(c) of this Section.
(10) "Nonscheduled Asbestos Removal" means
				  the same as nonscheduled renovation operation, as defined in 40 CFR Part
				  61.141, of asbestos containing material.
(11) "Program" means the Health Hazards
				  Control Unit within the Division of Public Health.
(12) "Public Area" means as defined in
				  G.S.
				  130A-444(7).
(13) "Regulated Asbestos Containing Material"
				  means the same as defined in 40 CFR Part 61.141 and as adopted in Rule .0609 of
				  this Section.
(14) "Start Date"
				  means the date on which activities begin on an asbestos removal project that is
				  permitted pursuant to Rule .0605 of this Section and that requires the use of
				  workers and supervisors who are accredited pursuant to Rule .0602 of this
				  Section, including removal area isolation and preparation or any other activity
				  which may disturb asbestos containing materials.
(15) "Successfully complete" means that an
				  individual has attended the initial or refresher training course and passed the
				  course exam with a score of 70 percent or higher in accordance with Rules .0603
				  and .0611 of this Section and 40 C.F.R. Part 763, Subpart E, Appendix
				  C(I)(C)(2).
(16) "Supervising Air
				  Monitor" means a person who meets the requirements of Rule .0602(c) of this
				  Section and who prepares a written abatement project monitoring plan and
				  implements the plan or ensures that the plan is implemented by an air monitor
				  working under his or her supervision. The supervising air monitor directs,
				  coordinates, and approves all activities of air monitors working under his or
				  her supervision. The supervising air monitor may also perform the duties of an
				  air monitor.
(17) "Supervisor"
				  means a person who is a "competent person" as defined in
				  29 CFR
				  1926.1101(b) and who is an
				  "on-site representative" as defined in 40 CFR Part 61.145(c)(8) as adopted in
				  Rule .0609 of this Section and who performs the duties specified
				  therein.
(18) "Under the direct
				  supervision" means working under the guidance of an individual who is
				  accredited pursuant to Rule .0602 of this Section and who is responsible for
				  all activities performed.
(19)
				  "Worker" means a person who performs asbestos abatement under the direct
				  supervision of an accredited supervisor.
(20) "Working day" means Monday through
				  Friday, including any holidays.
(21) "Class II Asbestos Work" means as
				  defined in 29 CFR
				  1926.1101(b).
(22) "Roofing Worker" means a person whose
				  duties regarding asbestos are limited to Class II asbestos work involving the
				  removal of roofing products that are classified as regulated asbestos
				  containing material and who works under the direct supervision of a roofing
				  supervisor.
(23) "Roofing
				  Supervisor" means a supervisor as defined in Subparagraph (a)(16) of this Rule,
				  whose duties regarding asbestos are limited to Class II asbestos work involving
				  only roofing products that are classified as regulated asbestos containing
				  material. This person may also perform asbestos roofing inspection activities
				  which are limited to roofing products, including the collection of bulk
				  samples.
(24) "Roofing Products"
				  means bituminous built-up roofing systems, roofing membranes, asphalt shingles,
				  cement shingles, roofing cements, mastics, coatings, panels, light weight
				  roofing concrete, and flashings.