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
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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
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(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).
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(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
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