Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 140 - DEPARTMENT OF HEALTH › Chapter 001 - ASBESTOS CONTROL › Section 13 140 001 - ASBESTOS CONTROL

Current through June, 2024
Section 1 General Provisions
1.1 Purpose
These regulations, as authorized by 18 VSA Chapter 26,
				  provide for the establishment of procedures to be followed and the standards
				  for certification of asbestos contractors who perform asbestos abatement in any
				  facility.
Pursuant to 18 VSA Chapter 26, these regulations require that
				  all persons who perform asbestos abatement of asbestos-containing materials in
				  any facility must obtain certification prior to commencing such asbestos
				  abatement. The organizations or individuals who perform asbestos abatement are
				  defined as Asbestos Abatement Contractor Entities, Asbestos Supervisor
				  Contractors and Asbestos Worker Contractors. The organizations or individuals
				  who perform activities for the evaluation of asbestos are defined as Asbestos
				  Analytical Contractor Entities, Asbestos Analyst Contractor, Asbestos
				  Consulting Contractor Entities and Asbestos Consultant Contractors. The
				  organizations or individuals who perform activities for the purpose of
				  accreditation or obtaining certification are defined as Training Contractor
				  Entities. These regulations also set forth procedures for work practices and
				  the standards for certification of Asbestos Contractor Training Courses to be
				  used to meet certification requirements.
Alternative abatement methods for the control of
				  asbestos-containing materials should be reviewed with the building owner prior
				  to any removal of asbestos. The Vermont Department of Health does not require
				  removal of asbestos-containing materials if they are intact, in good condition
				  and have not been subject to damage by the general public and/or will not be
				  disturbed by maintenance activities. When asbestos-containing materials will be
				  disturbed either by renovation or demolition, removal of the
				  asbestos-containing materials is required prior to the renovation or demolition
				  commencing.
1.1.1 Scope
No person shall perform asbestos abatement in any facility
				  without obtaining certification and a permit from the Commissioner. The
				  Commissioner shall require the payment of fees at the time of application. The
				  Commissioner shall not process an application for which a fee has not been
				  paid. The Department also requires a 10 working day notification prior to the
				  commencement of a demolition of a facility or an asbestos abatement activity in
				  a facility.
1.1.2 Right of
				Entry
The Commissioner is authorized, upon presenting appropriate
				  credentials, to seek permission to enter any asbestos abatement activity
				  worksite located on public or private property, under the authority granted the
				  Commissioner by
				  18 VSA
				  Section 107. If permission is refused, the
				  Commissioner may seek, pursuant to the authority granted by
				  18 VSA Section
				  121, a search warrant authorizing the
				  inspection of such premises.
1.1.3 Enforcement
The Commissioner may enforce these regulations as necessary
				  to protect the public health by exercising the authority granted the
				  Commissioner by 18 VSA Chapters 1, 3 and 11.
1.1.4 Administrative Procedure
Any revocation, suspension, annulment or withdrawal of any
				  certification shall be in accordance with 3 V.S.A. Chapter 25, Section
				  814.
1.1.5 Severability
If any provision of any section of these regulations or the
				  application thereof to any firm, individual or circumstance is found by a court
				  of competent jurisdiction to be illegal, invalid, or void, the remainder of
				  these regulations shall be deemed unaffected and shall continue in full force
				  and effect.
1.1.6 Homeowner
				Exemptions
Homeowners intending to do abatement in their own private
				  residences must adhere to the work procedures of Sections 2.4.2, 2.4.3, 2.4.4,
				  2.4.5, 2.4.6, 2.6 and 6. If a homeowner chooses to hire an outside contractor
				  to conduct asbestos abatement activities, then the contractor must be Vermont
				  certified and follow all requirements per these regulations. Homeowners may
				  collect bulk asbestos samples in their private residences. Samples shall be
				  collected according to Department specifications and sent to a Department
				  Certified Analytical Contractor Entity for analysis. Homeowners are exempt from
				  Section
				  8;
				  permit fees, when conducting their own abatement and may be exempt from Section
				  9.