West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-63 - Asbestos Abatement Licensing Rule › Section 64-63-3 - License Required, Procedures, Application, Qualifications

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. No person
				shall perform the work of an asbestos analytical laboratory, clearance air
				monitor, contractor, inspector, management planner, project designer,
				supervisor, or worker, or of a resilient floor covering worker without
				possessing a valid license issued under this rule.
3.2. Individual persons shall be at least
				eighteen (18) years of age to be licensed under this rule.
3.3. A license expires one (1) year from the
				last day of the month in which it is issued.
3.4. The director may refuse to issue a
				license and retain the license fee if the applicant fails to satisfy the
				requirements of this rule.
3.5. The
				director may refuse to issue a contractor's license if he or she finds that the
				applicant has knowingly falsified or attempted to falsify documents related to
				an asbestos abatement project or license.
3.6. The director shall provide a written
				notice of denial and an opportunity for reapplication to all
				applicants.
3.7. All applicable
				licensure fees set forth in Table 64-63A found at the end of this rule shall be
				enclosed with a license application.
3.8. The applicant, or, for a contractor or a
				laboratory, an authorized agent or officer shall sign the
				application.
3.9. License
				applications shall include the following:
3.9.a. A history of all asbestos enforcement
				actions taken against the applicant by any federal or state agency or court in
				the two-year period immediately preceding the date of the
				application;
3.9.b. For an
				individual person, the applicant's date of birth;
3.9.c. For licensure as a contractor, the
				number of a current supervisor's license for the contractor, or the number of a
				current supervisor's license for one (1) of the contractor's
				employees;
3.9.d. For licensure of
				an individual person as an asbestos clearance air monitor, inspector,
				management planner, project designer, supervisor, or worker, or as a resilient
				floor covering worker, a current certificate of training for the category of
				license sought;
3.9.e. For
				licensure of an asbestos analytical laboratory to analyze bulk samples for
				asbestos, proof of NVLAP accreditation or successful completion of the two (2)
				most recent rounds of the AIHA bulk asbestos quality assurance
				program;
3.9.f. For licensure of an
				asbestos analytical laboratory to analyze air samples for asbestos by PCM,
				proof of AIHA accreditation or of successful completion of two (2) rounds of
				the AIHA proficiency analytical testing program (PAT) to analyze air
				samples;
3.9.g. For licensure of an
				asbestos analytical laboratory to analyze air samples for asbestos by TEM,
				proof of accreditation by NVLAP for analysis of air samples by TEM;
3.9.h. For licensure of an asbestos
				management planner, the number of his or her asbestos inspector's license;
				and
3.9.i. Any other information
				relevant to asbestos abatement licensure requested by the director.