W. Va. Code R. § 64-63-3 - License Required, Procedures, Application, Qualifications

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.

3.10. An individual person who is licensed as an asbestos management planner is also required to be licensed as an asbestos inspector.

3.11. A contractor or at least one (1) of the contractor's employees is also required to be licensed as an asbestos supervisor.

Notes

W. Va. Code R. § 64-63-3