469.004  License; asbestos consultant; asbestos contractor; exceptions.--

(1)  All asbestos consultants must be licensed by the department. An asbestos consultant's license may be issued only to an applicant who holds a current, valid, active license as an architect issued under chapter 481; holds a current, valid, active license as a professional engineer issued under chapter 471; holds a current, valid, active license as a professional geologist issued under chapter 492; is a diplomat of the American Board of Industrial Hygiene; or has been awarded designation as a Certified Safety Professional by the Board of Certified Safety Professionals.

(2)  All asbestos contractors must be licensed by the department. An asbestos contractor may not perform abatement activities involving work that affects building structures or systems. Work on building structures or systems may be performed only by a contractor licensed under chapter 489.

(3)  Licensure as an asbestos contractor is not required for the moving, removal, or disposal of asbestos-containing roofing material by a roofing contractor certified or registered under part I of chapter 489, if all such activities are performed under the direction of an onsite roofing supervisor trained as provided in s. 469.012.

(4)  Licensure as an asbestos contractor or asbestos consultant is not required for the moving, removal, or disposal, or related inspections, of asbestos-containing resilient floor covering or its adhesive, if:

(a)  The resilient floor covering is a Category I nonfriable material as defined in NESHAP and remains a Category I nonfriable material during removal activity.

(b)  All such activities are performed in accordance with all applicable asbestos standards of the United States Occupational Safety and Health Administration under 29 C.F.R. part 1926.

(c)  The removal is not subject to asbestos licensing or accreditation requirements under federal asbestos NESHAP regulations of the United States Environmental Protection Agency.

(d)  Written notice of the time, place, and company performing the removal and certification that all conditions required under this subsection are met are provided to the Department of Business and Professional Regulation at least 3 days prior to such removal. The contractor removing such flooring materials is responsible for maintaining proof that all the conditions required under this subsection are met.

The department may inspect removal sites to determine compliance with this subsection and shall adopt rules governing inspections.

(5)  Prior to the department's issuance of an asbestos consultant's license or an asbestos contractor's license, the applicant must provide evidence, as provided by the department by rule, that the applicant has met the requirements of s. 469.005.

(6)  A license issued under this section must be renewed every 2 years. Before renewing a contractor's license, the department shall require proof that the licensee has completed a 1-day course of continuing education during each of the preceding 2 years. Before renewing a consultant's license, the department shall require proof that the licensee has completed a 2-day course of continuing education during each of the preceding 2 years.

(7)  Licensure as an asbestos consultant or contractor is not required for the repair, removal, or disposal of asbestos-containing pipe or conduit, if:

(a)  The pipe or conduit is used for electrical, electronic, communications, sewer, or water service;

(b)  The pipe or conduit is not located in a building;

(c)  The pipe or conduit is made of Category I or Category II nonfriable material as defined in NESHAP; and

(d)  All such activities are performed according to all applicable regulations, including work practices and training, of the United States Occupational Safety and Health Administration under 29 C.F.R. part 1926.