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4620.3330 CERTIFICATION OF ASBESTOS INSPECTOR.

Subpart 1.

Certification required.

Beginning October 1, 1996, an individual who performs an asbestos inspection, as defined in part 4620.3100, must be certified by the commissioner as an asbestos inspector.

Subp. 2.

Qualifications and experience.

Beginning January 2, 1997, an individual applying for certification as an asbestos inspector must show evidence of either:

A.

work experience of at least 500 hours in the field of building inspection, asbestos-related work, safety, industrial hygiene, or hazardous materials control;

B.

completion of an apprenticeship program within the general commercial construction trades approved by the Minnesota Department of Labor and Industry, Division of Voluntary Apprenticeship, or registered with the United States Department of Labor, Bureau of Apprenticeship and Training;

C.

licensure by Minnesota as a building official;

D.

a bachelor's degree in architecture, engineering, industrial hygiene, industrial technology safety, or physical or life science, and 40 hours of on-site asbestos inspection experience accompanying a Minnesota-certified asbestos inspector; or

E.

registration or certification as a registered architect, licensed professional engineer, certified industrial hygienist, or certified safety professional.

Subp. 3.

Training requirements for initial certification.

To be eligible for initial certification as an asbestos inspector an applicant must complete, before the commissioner's receipt of the application:

A.

an initial asbestos inspector training course that is:

(1)

permitted by the commissioner under part 4620.3704;

(2)

approved by the United States Environmental Protection Agency (EPA) with the EPA approval granted after June 1, 1987; or

(3)

approved by a state asbestos training program accredited by the EPA; and

B.

an asbestos inspector refresher course permitted by the commissioner under part 4620.3704 if the applicant has completed an initial asbestos inspector training course specified in item A, subitem (2) or (3).

Subp. 4.

Training diploma expiration; retraining.

The applicant for certification as an asbestos inspector must complete an annual asbestos inspector refresher course permitted by the commissioner under part 4620.3704 to maintain certification eligibility when the diploma from an initial inspector training course as specified in subpart 3, item A, has expired before the commissioner's receipt of the application.

A.

The most recent asbestos inspector refresher course completed must be permitted by the commissioner under part 4620.3704.

B.

Any refresher courses which have been completed subsequent to the expiration of the diploma must have been completed no more than 12 months after the expiration date of the preceding diploma.

Subp. 5.

Application for initial certification.

An applicant for initial certification as an asbestos inspector must submit to the commissioner:

A.

a completed application on a form provided by the commissioner, which seeks only information the commissioner reasonably considers necessary to identify the applicant and to determine whether the applicant meets the statutory and regulatory requirements for certification;

B.

a nonrefundable application fee of $100, which is not in the form of a personal check, payable to the Minnesota Department of Health; and

C.

verifiable evidence of the applicant's original diploma for the initial asbestos inspector training course, and, if applicable, verifiable evidence of each of the applicant's original diplomas from the asbestos inspector refresher training courses.

Subp. 6.

Renewal.

A.

An individual certified as an asbestos inspector must apply for renewal of asbestos inspector certification by submitting to the commissioner a completed renewal application. Until the renewal certificate is issued by the commissioner, the asbestos inspector may continue to perform asbestos inspections for up to 30 calendar days from the date of completing the refresher training course, provided the asbestos inspector:

(1)

has submitted the certification renewal application to the commissioner; and

(2)

has a copy of the diploma, which is issued after completing an asbestos inspector refresher course, at the location where the asbestos inspector is conducting work.

B.

The renewal application must include:

(1)

the completed renewal application on a form provided by the commissioner, which seeks only information the commissioner reasonably considers necessary to identify the applicant and to determine whether the applicant meets the statutory and regulatory requirements for renewal of certification;

(2)

a nonrefundable renewal application fee of $100, which is not in the form of a personal check, payable to the Minnesota Department of Health; and

(3)

verifiable evidence of the training course diploma from the most recent asbestos inspector refresher training course required by subpart 4.

Subp. 7.

Denial of certification.

The commissioner shall deny an application for asbestos inspector certification if the applicant fails to comply with all applicable requirements in this part. Additional grounds for the commissioner to deny an application are stated in Minnesota Statutes, section 144.99, subdivision 8, paragraphs (a) and (b). An applicant:

A.

must be notified in writing of the denial of the certificate and the reasons for the denial; and

B.

is not required to pay a second fee if the applicant submits a second asbestos inspector application within 30 days of the receipt of the notice that the asbestos inspector application has been denied. Fees are required for all subsequent applications.

Subp. 8.

Duration of certificate; transfer.

An asbestos inspector certificate is valid for 12 months after the completion date on the diploma for the most recently completed training course. The asbestos inspector certificate is not transferable.

Subp. 9.

Duplicate certificate.

To replace a lost, destroyed, or mutilated asbestos inspector certificate, the certified asbestos inspector must submit a completed application for a duplicate asbestos inspector certificate and pay a charge to the Minnesota Department of Health for the cost of duplicating the certificate.

Statutory Authority:

MS s 16A.1285; 144.05; 144.122; 326.70 to 326.81

History:

20 SR 2765; 25 SR 1894; 33 SR 739

Published Electronically:

June 3, 2013

Official Publication of the State of Minnesota
Revisor of Statutes