New Jersey Administrative Code › Title 8 - HEALTH › Chapter 60 - ASBESTOS LICENSES AND PERMITS › Subchapter 2 - DEFINITIONS › Section 8:60-2.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, shall
				  have the following meanings, unless the context clearly indicates otherwise.
"Accepted engineering practices" means those practices which
				  conform to accepted principles, tests, or standards of nationally recognized
				  technical or scientific authorities.
"Act" means the Asbestos Control and Licensing Act,
				  34:5A-32 et seq.
"Applicant" means any person seeking to obtain either an asbestos
				  abatement worker permit, an asbestos abatement supervisor permit or an employer
				  license, or an agency seeking certification to conduct asbestos abatement
				  training.
"Approved" means acceptable to the Commissioner of Labor and
				  Workforce Development or the Commissioner of Health , as the case may be.
"Approved" means acceptable to the Commissioner of Labor and
				  Workforce Development or the Commissioner of Health and Senior Services, as the case
				  may be.
"Asbestos" means the asbestiform varieties of chrysotile;
				  crocidolite; amosite; anthophyllite; tremolite; or actinolite and includes any
				  asbestos-containing material.
"Asbestos-containing material" (ACM) means any material containing
				  more than one percent asbestos which has been applied on any ceiling, wall, duct,
				  boiler, tank, pipe, structural member, or on any other part of a building or
				  equipment.
"Asbestos work" means the application, enclosure, encapsulation,
				  repair, or removal of asbestos-containing material.
"Bulk sample" means a sample of any material taken for
				  identification and quantification of asbestos content, and may include a wide
				  variety of friable and non-friable materials.
"Category I non-friable asbestos-containing material" means
				  asbestos-containing packings, gaskets, resilient floor covering and asphalt
				  materials as defined in 40 CFR Part 61, Subpart M, the National Emission Standard
				  for Hazardous Air Pollutants (NESHAP), incorporated herein by reference, as amended
				  and supplemented.
"Certificant" means any training agency certified by the
				  Department of Health pursuant to N.J.A.C. 8:60-6 and 12:120-6.
"CFR" means the Code of Federal Regulations.
"Commissioner" means the Commissioner of Labor and Workforce
				  Development or his or her authorized designee.
"Commissioner of Health" means the Commissioner of Health or his
				  or her authorized designee.
"Commissioner of Health" means the Commissioner of Health and
				  Senior Services or his or her authorized designee.
"Contractor" means an employer who hires workers and supervisors
				  to perform asbestos work or who performs the asbestos work directly.
"Control" means to exercise restraint or direction over any
				  activity concerning asbestos for the purpose of reducing the number of airborne
				  asbestos fibers.
"Department of Health " means the Consumer, Environmental and
				  Occupational Health Service of the New Jersey Department of Health , PO Box 360,
				  Trenton, NJ 08625-0360.
"Division of Public Safety and Occupational Safety and Health"
				  means the Division of Public Safety and Occupational Safety and Health of the New
				  Jersey Department of Labor and Workforce Development, PO Box 386, Trenton, New
				  Jersey, 08625-0386.
"Employee" means:
1. Any person including supervisory personnel suffered or
				  permitted to work by an employer; or
2. A member of either a board, corporation, partnership,
				  proprietorship, joint venture, fund, authority or similar entity directly performing
				  asbestos work.
"Employer" means a body, board, person, corporation, partnership,
				  proprietorship, joint venture, fund, authority or similar entity employing,
				  permitting or suffering another to work or directly performing the asbestos work. In
				  the case of a corporation, the officers of the corporation and any agents having the
				  management of the corporation shall be deemed to be employers of the employees of
				  the corporation for the purposes of this Act. This term shall apply to private
				  employers and to the State, its political subdivisions and any boards, commissions,
				  schools, institutions or authorities created or recognized thereby. This term also
				  includes contractors and subcontractors.
"Facility" means any building or structure.
"f/cc" means fibers per cubic centimeter.
"Friable" means asbestos-containing material that when dry may be
				  crumbled, pulverized or reduced to powder by hand pressure, and includes previously
				  non-friable asbestos-containing material after that material becomes damaged to the
				  extent that when dry it may be crumbled, pulverized, or reduced to powder by hand
				  pressure.
"Instructor" means any person(s) hired by a training agency and
				  approved by the Department of Health for the purpose of instructing a Department of
				  Health-approved asbestos training course.
"Interactive/participatory teaching method" means instruction
				  which consists of active participation of the trainees, such as brainstorming,
				  hands-on training, demonstration and practice, small group problem solving,
				  discussions, problem posing, group work assignments, question and answer periods and
				  role-playing sessions. Lecture is not considered an interactive participatory
				  teaching method.
"License" means a certificate documenting acceptance by the
				  Commissioner of an employer as competent to perform the application, enclosure,
				  encapsulation, repair, or removal of asbestos-containing material and to bid for or
				  to contract to perform such work.
"Limited repair" means the utilization of accepted engineering
				  practices to minimize fiber release to return three linear feet or less or to return
				  three square feet or less of damaged asbestos-containing material on any pipe, duct,
				  boiler, tank, structural member or similar equipment to an undamaged condition or to
				  an intact state by the application of duct tape, rewettable glass cloth, canvas,
				  cement or other sealable material to seal exposed areas from which asbestos fibers
				  may be released.
"May" indicates a discretionary action.
"N.J.A.C." means the New Jersey Administrative Code.
"N.J.S.A." means the New Jersey Statutes Annotated.
"Non-friable organically bound material" or "NOB" refers to a wide
				  variety of non-friable building materials embedded in flexible-to-rigid asphalt or
				  vinyl matrices, which includes, but is not limited to, VAT, mastic, asphalt
				  shingles, roofing materials, paint chips, caulking and glazing.
"PCM" or "phase contrast microscopy" means the scientific method
				  of air sampling analysis for the purpose of determining airborne asbestos fiber
				  concentrations in fibers per cubic centimeter of air (f/cc). This analytical method
				  is to be consistent with the National Institute of Occupational Safety and Health
				  (NIOSH) method 7400 as referenced in the 4th Edition, August 15, 1994 with addenda
				  of the NIOSH Manual of Analytical Methods.
"Permit" means a certificate documenting acceptance by the
				  Commissioner of a worker or a supervisor as competent to perform the application,
				  enclosure, encapsulation, repair, or removal of asbestos-containing material.
				  Workers shall work under the direction of a supervisor who holds a valid New Jersey
				  asbestos supervisor permit.
"Public or private building" means any building, including
				  commercial buildings as defined in 40 C.F.R. Part 763, Appendix C to Subpart E, or
				  as defined in N.J.A.C. 5:23-8.
"Removal" means the taking out or the stripping of
				  asbestos-containing surfacing, thermal, or miscellaneous material from a building or
				  structure. Specifically excluded from this definition are roofing and exterior
				  siding materials in all but demolition projects.
"Repair" means the utilization of recommended work practices to
				  minimize fiber release to return more than three linear feet or more than three
				  square feet of damaged asbestos-containing material on any pipe, duct, boiler, tank,
				  structural member or similar equipment to an undamaged condition or to an intact
				  state by the application of duct tape, rewettable glass cloth, canvas, cement or
				  other sealable material to seal exposed areas from which asbestos fibers may be
				  released.
"Shall" indicates a mandatory requirement.
"Subcontractor" means an employer who hires workers and
				  supervisors to perform asbestos work or who performs asbestos work directly.
"Supervisor" means any person who has completed an asbestos
				  supervisor training course approved by the Department of Health and who has
				  successfully passed a written asbestos supervisor examination devised and
				  administered under the approval of the Department of Health for the position of
				  supervisor and who possesses a valid asbestos supervisor permit issued by the
				  Department of Labor and Workforce Development.
"TEM" or "transmission electron microscopy" means an analytical
				  technique which utilizes an electron microscope for identification and quantitation
				  of asbestos in a sample.
1. For asbestos bulk sample analysis, the analytical procedures
				  for TEM are prescribed in the "Test Method -- Method for the Determination of
				  Asbestos in Bulk Building Materials," EPA/600/R-93/116, July 1993, incorporated
				  herein by reference, as amended and supplemented.
2. For asbestos air sample analysis, the analytical procedures for
				  TEM are prescribed in 40 CFR Part 763, Subpart E, Appendix A to Subpart E --
				  "Interim Transmission Electron Microscopy Analytical Methods -- Mandatory and
				  Non-mandatory -- And Mandatory Section to Determine Completion of Response Actions,"
				  incorporated herein by reference, as amended and supplemented.
"Trainee" means any person who is enrolled in an asbestos worker
				  or asbestos supervisor training course approved by the Department of Health .
"Training agency" means a training provider approved or certified
				  by the Department of Health to conduct asbestos training courses.
"Training course" means any asbestos training course approved by
				  the Department of Health in accordance with the requirements of
N.J.A.C.
				  12:120
and 8:60.
"U.S.C." means the United States Code.
"U.S.E.P.A." means the United States Environmental Protection
				  Agency.
"Vinyl asbestos tile" or "VAT" is a term which is widely used in
				  the asbestos analysis and abatement industry to refer to a variety of flooring
				  products such as vinyl or asphalt asbestos floor tiles and resilient floor
				  coverings.
"Worker" means a person who has completed an asbestos worker
				  training course approved by the Department of Health and who has successfully passed
				  a written asbestos worker examination devised and administered under the approval of
				  the Department of Health for the position of worker and who possesses a valid
				  asbestos worker permit issued by the Department of Labor and Workforce
				  Development.