Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter D - LICENSE AND REGISTRATION › Section 296.47 - Initial and Renewal License Requirements for a Company

Current through Reg. 49, No. 28; July 12, 2024
(a) Initial and renewal licensure requirements.
											  To receive or renew a license as an asbestos abatement contractor, asbestos operations and maintenance
											  (O&M) contractor, asbestos management planner agency, asbestos consultant agency, asbestos transporter,
											  or asbestos laboratory, an applicant must submit a complete application as required under § 296.42 of
											  this chapter (Initial and Renewal Applications) and the documentation required in this section. An
											  out-of-state applicant must comply with § 296.44 of this chapter (relating to Out-of-State
											  Applicants).
(b) Initial requirements. An applicant for an
											  initial license must submit the following:
(1) the name and license number
											  of the appointed responsible person for an asbestos abatement contractor, an asbestos O&M contractor, a
											  management planner agency, or an asbestos consultant agency;
(2)
											  a copy of the current training certificate for the appointed responsible person documenting that training was
											  completed as required in § 296.73 of this chapter (relating to Asbestos Training Courses) for:
(A) an asbestos abatement contractor or asbestos O&M contractor--the
											  Asbestos Contractor/Supervisor course;
(B) a management planner
											  agency--the Asbestos Management Planner course; or
(C) a
											  consultant agency--the Asbestos Inspector, Asbestos Management Planner, Asbestos Air Monitoring Technician,
											  and Asbestos Project Designer courses;
(3) in relation
											  to the applicant's franchise tax account status, whichever applies:
(A) a
											  certificate of account status from the Texas Comptroller of Public Accounts regarding the applicant's
											  franchise tax account status, if the applicant is a taxable entity, as defined in Texas Tax Code §
												171.0002; or
(B) documentation that the applicant is not a taxable entity or is
											  otherwise not subject to or exempt from franchise tax; and
(C)
											  any verification relating to subparagraph (A) or (B) of this paragraph requested by DSHS;
(4) a copy of the applicant's assumed name certificate, with
											  proof of required filing, if the applicant conducts business or renders professional services under an
											  assumed name (commonly referred to as a DBA or "doing business as");
(5) if the applicant is an entity, as defined in Texas Business
											  Organizations Code §
											1.002:
(A) documentation issued by the Secretary of State that verifies:
(i) a domestic entity's existence; or
(ii) a foreign entity's registration and authorization to conduct business
											  in Texas; or
(B) if the applicant is a foreign entity
											  to which § 296.44(d) of this chapter applies, the applicant must submit a sworn affidavit that meets the
											  requirements of that subsection;
(6) if the applicant
											  is a nonfiling entity or a foreign nonfiling entity, as those terms are defined in Texas Business
											  Organizations Code §
											1.002, documentation of that status on
											  the application and any verification of that status requested by DSHS;
(7) a taxpayer identification number;
(8) the applicant's Texas sales tax permit number from the Texas
											  Comptroller of Public Accounts, if applicable;
(9) the physical
											  address of the central location where asbestos records are maintained, as required by § 296.291 of this
											  chapter (relating to Recordkeeping);
(10) proof of required
											  insurance in accordance with §1954.105(c) of the Act and as required in § 296.45 of this chapter
											  (relating to Insurance Requirements) for:
(A) an asbestos abatement
											  contractor or an asbestos O&M contractor--asbestos abatement liability coverage, including pollution
											  liability coverage, if performing work for hire, and workers' compensation insurance, where
											  required;
(B) an asbestos management planner agency, asbestos
											  consultant agency, or an asbestos laboratory--professional liability insurance for errors and omissions, if
											  performing work for hire and workers' compensation insurance, where required;
(C) an asbestos transporter--liability insurance coverage, including
											  pollution liability coverage to transport for hire ACM for purposes of disposal and workers' compensation
											  coverage insurance, where required;
(11) a copy of the
											  applicant's standard operating procedures for an asbestos abatement contractor relating to activities
											  involving ACBM or an asbestos O&M contractor relating to SSSD O&M activities involving ACBM in
											  accordance with 29 CFR §
												1926.1101(g)(9), that must include the following:
(A) a written respiratory protection plan to be maintained and adhered to
											  during periods of abatement activity;
(B) a description of
											  on-site personnel decontamination procedures;
(C) a description
											  of the procedures for handling and disposal of ACWM;
(D) a
											  description of the engineering controls and work practices for asbestos abatement;
(E) a description of personal air monitoring procedures;
(F) a description of final cleanup procedures; and
(G) a description of the provisions for recordkeeping;
(12) for an asbestos transporter applicant, a copy of the applicant's
											  emergency response plan prepared in compliance with 29 CFR
											  §
												1910.120(q), unless exempt under the requirements
											  of that section, which must include, without limitation:
(A) pre-emergency
											  planning and coordination with outside parties;
(B) personnel
											  roles, lines of authority, training, and communication;
(C)
											  emergency recognition and prevention;
(D) safe distances and
											  places of refuge;
(E) site security and control;
(F) evacuation routes and procedures;
(G) decontamination;
(H)
											  emergency medical treatment and first aid;
(I) emergency alerting
											  and response procedures;
(J) critique of response and follow-up;
											  and
(K) personal protection equipment and emergency equipment;
											  and
(13) the following proof applicable to each type
											  of analysis for which an asbestos laboratory applicant is applying for a license to perform:
(A) accreditation by the NVLAP for analysis of bulk samples by polarized
											  light microscopy (PLM), if the laboratory is applying to perform PLM bulk analysis;
(B) accreditation by the NVLAP for analysis of air samples by transmission
											  electron microscopy (TEM), if the laboratory is applying to perform TEM air analysis; or
(C) if the laboratory is applying to perform phase contrast microscopy
											  (PCM) air analysis, proof of at least one of the following:
(i)
											  accreditation by the American Industrial Hygiene Association (AIHA) Industrial Hygiene Laboratory
											  Accreditation Program and AIHA's most recent PCM proficiency testing results for the laboratory;
(ii) proficiency according to the standards of the AIHA proficiency
											  analytical testing (PAT) Program, including quarterly proficiency testing for airborne fibers by PCM and a
											  quality assurance/quality control program, in accordance with the NIOSH 7400 method; or
(iii) proficiency of the individual laboratory analysts through the AIHA
											  asbestos analyst registry (AAR) and the most recent proficiency testing results.