Loading...
19-REQUESTED REPORT ABOUT POSSIBILITY OF COP PERFORMING ITS OWN ASBESTOS ABATEMENT AND DEMOLITION WORKCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 6-16-12 Council Date: Finance Gene Anderson 19. 6-25-12 RECOMMENDED MOTION: Non-action item. Informational report. POLICY ISSUE(S): Operations The Mayor requested a report about the possibility of the City performing its own asbestos abatement and demolition work. The exhibits provided explain the qualifications and licensing requirements for asbestos abatement workers, asbestos abatement supervisors, asbestos transporters, and asbestos abatement contractors. Based on discussions with the state, the City would need all four types of licenses if it wanted to perform a project from start to finish. The approximate costs for obtaining each license would be $1,515 per abatement worker, $2,585 per supervisor, $3,010 per contractor, and $443 for a transporter license. These cost estimates cover license fees, physical exams, tuition fees, mileage, hotel, and meal expenses. It should be noted that licensing in required only for "public buildings" as defined in the Texas Administrative Code. That definition covers all buildings that are subject to public occupancy or to which the general public has access. Demolition of a residential structure does not trigger the asbestos regulations. Development of such a program could require additional workers and equipment. Those issues have not been evaluated and are beyond the scope of this report. If the Council wishes to pursue this idea, further study and planning could be made during the budget process. BOARD/COMMISSION RECOMMENDATION: None EXHIBITS: Texas Administrative Code, Rule 295.46 ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $NA ❑ Department Report ❑ Resolution Budgeted Amt. $NA ❑ Presentation ❑ Ordinance y'I'D Actual $NA ❑ Public Hearing ~ Information Acct. Name NA Acct. Number NA FISCAL NOTES: None City of Paris 69 Revised 2/04/08 : Texas Administrative Code Page l of 3 «Prev Rule Texas Administrative Code Next Rule>> TITLE 25 HEALTH SERVICES PART 1 DEPARTMENT OF STATE HEALTH SERVICES CHAPTER 295 OCCUPATIONAL HEALTH SUBCHAPTER C TEXAS ASBESTOS HEALTH PROTECTION RULE §295.46 Licensure: Asbestos Abatement Supervisor (a) Licensing requirement. An individual must be licensed as an asbestos abatement supervisor in compliance with these sections to engage in the supervision of an asbestos abatement project conducted in a public building. (b) Fee. The fee for a two-year license term is $645. (c) Applicarions and renewals. Applications shal) be submitted as required by §295.38 of this title (relating to Licensing and Registration: Applications and Renewals). Out-of-state applicants must comply with §295.39 of this title (relating to Licensing and Registration: Out-of-State Applicants). (d) Qualificarions. Applicants for licensing as asbestos abatement supenisors are required to provide: (1) written documentation of at least 90 days of verifiable work experience as a trained and registered worker performed within the past 24 months. Qualifying experience includes: (A) project site prepararion and establishing the abatement containment for friable asbestos- containing building material (ACBM); (B) use of respirators and protective eyuipment, personal hygiene, decontamination procedures, interpretation of air sampling results, and methods to reduce airborne fiber levels; (C) use of engineering controls, abatement work methods and pracrices, and final cleanup procedures; (D) handling of waste asbestos as part of an abatement project; (E) removal, enclosure, or encapsulation of asbestos; (F) work performed in an administrative capacity relating to asbestos abatement projects such as project manager, consultant, or designated person may be accepted as qualif}+ing experience; (G) experience as an asbestos air monitoring technician, which includes personal air sampling, regulated-area airborne asbestos sampling, aggressive sampling for final cleanup, plus on-site project record keeping documenting daily operations, controlling entry and exit from the containment, etc., may be accepted as qualifying experience, subject to time-period limitations, minimum number of abatement projects (five), or work experience. No more than 30 days may be counted as qualifiable experience under this category; (H) work performed as an asbestos abatement supervisor or worker licensed in another state; and -1 70 http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?s1=R&app=9&p_d'u=&p_rloc=&p_... 5/24/2012 : Texas Administrative Code Page 2 of 3 (I) the burden of proof for all points of the qualifying experience is on the individual applicant. Applicants for abatement supervisor licenses must furnish contacts or sources that can fully verify the documented experience. Descriptions of abatement projects are not acceptable if the personal involvement of the applicant cannot be determined by the reviewer. If, in the opinion of the reviewing staffmembers, applicant experiencc cannot be properly and sufficiently verified, such experience must be rejected; (2) a certificate of training from a training provider approved by or acceptable to the Texas Deparhnent of Health (department) indicating successful completion within the past 12 months of the approved course for abatement contractors and supervisors, or the current annual refresher training, as described in §295.64(c) of this title (relating to Training: Required Asbestos Training Courses); (3) a physician's statement of the required physical examination done within the past year as described in §295.42(e)(2) of this title (relating to Registration: Asbestos Abatement Workers) and submitted on thc department "Physician's Written Statement" form only; (4) a copy of the wallet-size photo-identification card from the training course as required from all trainers in Texas in accardance with §295.65(fl(2) of this ritle (relating to Training: Approval of Training Courses). Persons submitting out-of-state training certificates with their applications may obtain the necessary photo-identification when attending the mandatory course on Texas asbestos rules, as required in accordance with §295.64(h) of this title; (S) a current one-inch by one-inch photograph of the face. The photograph submitted to the department for licensing purposes must have a white background; and (6) proof of successfully passing the department examination for asbestos contractors and supervisors, if required. (e) Responsibilities. The asbestos abatement supervisor shall: (1) comply with standards of operation, including Environmental Protection Agency (EPA) and Occupational Safety and Health Administration of the United States Department of Labor (OSHA) regulations, which have been adopted by reference in §295.33 of this title (relating to Adoption by Reference of Federal Standards); (2) comply with addirional work practices, as described in §295.60 of this title (relating to Operations: Abatement Practices and Procedures); (3) raaintain records at both the central office and the work site locations, as described in §295.62 of this title (relating to Operations: Recordkeeping); (4) supply personal protection equipment and train employees who perform asbestos-related activities in the use of equiprnent, and to supervise their compliance; (5) comply with standards and practices for O&M activities, as conducted for hire, according to §295.59 of this title (relaring to Operations: Operations and Maintenance (O&M) Activities); and (6) cooperate with deparlment personnel in the discharge of their official duties to conduct inspecrions and investigations, as described in §295.68 of this title (relating to Compliance: Inspection and Investigations). - 1 71 http://info.sos. state.tx.us/pls/pub/readtac$ext.TacPage?s1=R&app=9&p_dir-&p_rloc=&p_... 5/24/2012 : Texas Administrative Code Page 3 of 3 (o Other duties. Abatement supervisors may also assume the duties of asbestos abatement workers or perform O&M activities affecting asbestos materials. Source Note: The provisions of this §295.46 adopted to be effective October 20, 1992, 17 TexReg 6901; amended to be effective September 22, 1994, 19 TexReg 7098; amended to be effective December 13, 1998, 23 TexReg 12353; amended to be effective March 27, 2003, 28 TexReg 2549; amended to be effective January 1, 2005, 29 TexReg 11987; amended to be effective February 1, 2006, 31 TexReg 400 Next Page Previous Page List of Titles Back to List 72 http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?s1=R&app=9&p_dir=&p_rloc=&p_... 5/24/2012