Ohio Admin. Code 3745-22-09 - Asbestos hazard abatement project designer application content, qualifications, standards of conduct

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, please see paragraph (Z) of rule 3745-22-01 of the Administrative Code, "referenced materials."]

(A) To apply for an asbestos hazard abatement project designer certificate, a person shall submit an application in accordance with rule 3745-22-03 of the Administrative Code. The application for an asbestos hazard abatement project designer certificate shall include the following:
(1) Name, last four digits of social security number, date of birth, and mailing address of applicant.
(2) Employer's name and mailing address.
(3) Business and home telephone number.
(4) Name and location of asbestos training courses with attached copies of certificates.
(5) List of any asbestos licenses or certificates the applicant holds or has held in any other state.
(6) Information regarding any felony convictions under any state or federal law designated to protect the environment.
(B) To become certified and to maintain a certificate under this rule, an asbestos hazard abatement project designer shall meet the following criteria:
(1) Have submitted a completed application on a form prescribed by the director.
(2) Paid the fee required by rule 3745-22-03 of the Administrative Code.
(3) Provided documentation of satisfactory completion of a training course for asbestos hazard abatement project designers approved by the director pursuant to rule 3745-22-07 of the Administrative Code and of receiving a passing score of at least seventy per cent on an approved examination.
(4) For renewal of certification, satisfactorily completed an annual refresher training course approved by the director pursuant to section 3710.10 of the Revised Code and rule 3745-22-07 of the Administrative Code.
(C) An asbestos hazard abatement project designer engaged in the design of asbestos hazard abatement projects activities shall do the following:
(1) Design each project activity in compliance with all procedures and methods established by Chapter 3745-20 of the Administrative Code and regulations of the United States environmental protection agency, 40 CFR Part 61, Subpart M, and 40 CFR Part 763, Subparts E and G, and the occupational safety and health administration, 29 CFR Part 1926.1101.
(2) Design each project activity in writing using one or more of the following methods:
(a) Descriptive, defining the properties of materials and methods to be used.
(b) Performance, specifying the required results.
(c) Reference standard, requiring a process to be in accordance with established standard.
(d) Proprietary, specifying an actual brand name and other proprietary information.
(3) In addition to any information required by this rule, provide the following information in each project activity design:
(a) Name and certification number of the project designer.
(b) Exact location of the project within the facility.
(c) Quantities of asbestos containing materials to be abated.
(4) Accurately, truthfully, and competently prepare all asbestos abatement specifications, plans, contract documents, and any other professional work performed by the asbestos hazard abatement project designer in that capacity.
(5) Notify the director, in writing, within five business days of any change which would render the information in the application for certification no longer accurate.
(6) Possess proof of valid certification at all times while at a project an activity site.


Ohio Admin. Code 3745-22-09
Effective: 1/31/2021
Five Year Review (FYR) Dates: 1/1/2023
Promulgated Under: 119.03
Statutory Authority: 3710.02
Rule Amplifies: 3710.05
Prior Effective Dates: 02/01/1994, 09/19/2004, 11/13/2014, 01/01/2018

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