Table of Parts
Part	Title
MINNESOTA CLEAN INDOOR AIR ACT
4620.0050	SCOPE AND PURPOSE.
4620.0100	DEFINITIONS.
4620.0200	[Repealed, 19 SR 1128]
4620.0300	[Repealed, 33 SR 1771]
4620.0400	[Repealed, 33 SR 1771]
4620.0500	SIGNS.
4620.0600	[Repealed, 33 SR 1771]
4620.0700	[Repealed, 27 SR 407]
4620.0750	[Repealed, 33 SR 1771]
4620.0800	[Repealed, 19 SR 1128]
4620.0900	[Repealed, 19 SR 1128]
4620.0950	MR 2001 [Expired]
4620.0955	OFFICES, FACTORIES, WAREHOUSES, OR SIMILAR PLACES OF WORK.
4620.0975	MR 2001 [Expired]
4620.1000	[Repealed, 33 SR 1771]
4620.1025	[Repealed, 33 SR 1771]
4620.1100	[Repealed, 33 SR 1771]
4620.1200	[Repealed, 33 SR 1771]
4620.1300	[Repealed, 33 SR 1771]
4620.1400	[Repealed, 33 SR 1771]
4620.1425	[Repealed, 33 SR 1771]
4620.1440	COMPLIANCE.
4620.1450	VARIANCE TO CLEAN INDOOR AIR RULES.
4620.1500	[Repealed, L 1995 c 165 s 17]
4620.1600	[Repealed, L 1985 c 216 s 1]
4620.1700	[Repealed, L 1985 c 216 s 1]
FORMALDEHYDE IN HOUSING UNITS
4620.1800	MAXIMUM PERMISSIBLE FORMALDEHYDE LEVEL IN HOUSING UNITS.
4620.1900	[Repealed, L 1985 c 216 s 1]
4620.2000	[Repealed, L 1985 c 216 s 1]
4620.2100	[Repealed, L 1985 c 216 s 1]
ASBESTOS ABATEMENT
4620.3000	APPLICABILITY.
4620.3100	DEFINITIONS.
4620.3200	CONTRACTOR LICENSURE.
4620.3250	USE OF QUALIFIED INDIVIDUALS.
4620.3300	CERTIFICATION OF ASBESTOS WORKER.
4620.3310	CERTIFICATION OF ASBESTOS SITE SUPERVISOR.
4620.3330	CERTIFICATION OF ASBESTOS INSPECTOR.
4620.3340	ASBESTOS MANAGEMENT PLANNER CERTIFICATION.
4620.3350	ASBESTOS PROJECT DESIGNER CERTIFICATION.
4620.3400	[Repealed, 20 SR 2765]
4620.3410	ASBESTOS-RELATED WORK PROJECT NOTICE.
4620.3415	AMENDMENT OF NOTICE.
4620.3420	EMERGENCY PROJECT NOTICE.
4620.3425	PERMIT ISSUANCE.
4620.3430	PERMIT FEES.
4620.3435	POSTING THE WORK SITE.
4620.3440	RECORDS.
4620.3450	DUTIES OF CONTRACTING ENTITY.
4620.3460	ASBESTOS INSPECTION AND ASSESSMENT.
4620.3470	ASBESTOS MANAGEMENT PLAN.
4620.3480	ASBESTOS PROJECT DESIGN.
4620.3500	[Repealed, 20 SR 2765]
4620.3559	APPLICABLE WORK PRACTICES FOR ABATEMENT.
4620.3560	ASBESTOS PROJECT PLAN.
4620.3566	CLEANING CONTAINMENT AREA BEFORE ABATEMENT.
4620.3567	INSTALLATION OF CRITICAL BARRIERS.
4620.3568	CONTAINMENT.
4620.3569	DECONTAMINATION UNITS.
4620.3570	HEPA-FILTERED NEGATIVE PRESSURE.
4620.3571	REMOVAL OF ASBESTOS-CONTAINING MATERIAL.
4620.3572	ENCAPSULATION OF ASBESTOS-CONTAINING MATERIAL.
4620.3573	PERMANENT ENCLOSURE REQUIREMENTS.
4620.3575	COMPLETION OF ABATEMENT.
4620.3580	GLOVE BAG PROCEDURES.
4620.3581	MINI-CONTAINMENT PROCEDURES.
4620.3582	REMOVAL OF ENTIRE FACILITY COMPONENTS.
4620.3585	DEMOLITION BY DESTRUCTION TO THE GROUND.
4620.3592	INDOOR AIR MONITORING.
4620.3594	CLEARANCE AIR SAMPLING.
4620.3596	GENERAL REQUIREMENTS FOR AIR MONITORING.
4620.3597	PHASE CONTRAST MICROSCOPY.
4620.3598	TRANSMISSION ELECTRON MICROSCOPY.
4620.3600	[Repealed, 20 SR 2765]
4620.3700	[Repealed, 20 SR 2765]
4620.3702	APPLICATION FOR TRAINING COURSE PERMIT.
4620.3704	PERMITTING TRAINING COURSES.
4620.3708	TRAINING COURSE DIPLOMAS.
4620.3710	ADVANCE NOTICE AND AMENDMENTS.
4620.3712	ATTENDANCE REQUIREMENTS.
4620.3714	ENROLLMENT LIMITS.
4620.3716	TRAINING COURSE CONDITIONS.
4620.3718	COURSE CONTENT AND LENGTH.
4620.3720	RECORD KEEPING FOR TRAINING COURSE PROVIDERS.
4620.3722	TRAINING COURSE APPROVAL BEFORE JULY 1, 1996.
4620.3724	VARIANCE.
INDOOR ICE ARENAS
4620.3900	PURPOSE.
4620.3910	APPLICATION.
4620.3950	ACCEPTABLE AIR QUALITY.
4620.4000	DEFINITIONS.
4620.4100	CERTIFICATE OF APPROVAL.
4620.4200	[Repealed, 37 SR 1663]
4620.4300	[Repealed, 37 SR 1663]
4620.4400	[Repealed, 37 SR 1663]
4620.4450	TRAINING.
4620.4500	[Repealed, 37 SR 1663]
4620.4510	MEASUREMENT OF AIR QUALITY CONDITIONS.
4620.4550	AIR QUALITY MEASURING DEVICES.
4620.4600	FAILURE TO MAINTAIN AIR QUALITY.
4620.4650	RECORD KEEPING.
4620.4700	OTHER FUEL-BURNING EQUIPMENT.
4620.4800	ENFORCEMENT.
4620.4900	VARIANCE TO RULES RELATING TO INDOOR ICE ARENAS.
INDOOR MOTORSPORTS ARENAS
4620.5000	PURPOSE.
4620.5100	APPLICATION.
4620.5200	ACCEPTABLE AIR QUALITY.
4620.5300	DEFINITIONS.
4620.5400	CERTIFICATE OF APPROVAL.
4620.5500	TRAINING.
4620.5600	MEASUREMENT OF AIR QUALITY CONDITIONS.
4620.5650	AIR QUALITY MEASURING DEVICES.
4620.5700	FAILURE TO MAINTAIN AIR QUALITY.
4620.5800	RECORD KEEPING.
4620.5900	ENFORCEMENT.
4620.5950	VARIANCE TO RULES RELATING TO INDOOR MOTORSPORTS ARENAS.

Subp. 10.

[Repealed, 33 SR 1771]

§

Subp. 11.

Place of employment.

"Place of employment" has the meaning given in Minnesota Statutes, section 144.413.

§

Subp. 11a.

[Repealed, 33 SR 1771]

§

[Repealed, 33 SR 1771]

§

Subp. 16.

[Repealed, 33 SR 1771]

§

Subp. 16a.

[Repealed, 33 SR 1771]

§

Subp. 17.

§

Subp. 2.

Statement on signs.

All signs used to identify a location where the responsible person prohibits smoking in an entire public place, place of employment, or public meeting must use the statement, "No smoking is permitted in this entire establishment" or a similar statement. If smoking is permitted anywhere within a public place, place of employment, or at a public meeting, the sign must state, "Smoking is prohibited except in designated areas." All signs used to identify a smoking-permitted area must use the words "smoking permitted" or the international smoking symbol, or both. Signs that are used to identify a nonsmoking area must use the words "no smoking" or the international no-smoking symbol, or both.

§

Subp. 3.

Placement of sign.

Signs must be conspicuously posted on or immediately inside of all outside entrances to the public place, place of employment, or public meeting. All signs used to identify smoking-permitted and nonsmoking areas must be placed at a height and location easily seen by a person in the establishment and must not be obscured in any way.

The boundary between an acceptable nonsmoking area and a smoking-permitted area must be clearly designated so a person can differentiate between the two areas.

§

Subp. 4.

Size of lettering.

Signs used to designate acceptable nonsmoking and smoking-permitted areas must use printed letters of not less than 0.5 inches (1.3 centimeters) in height. Whenever either of the international symbols is used, the diameter of the outer circle must not be less than three inches.

§

Subp. 5.

4620.3100 DEFINITIONS.

A.

the construction of a decontamination unit under parts 4620.3569; 4720.3580, subpart 2; and 4620.3581, subpart 3;

§

B.

the installation of a HEPA-filtered negative pressure system under part 4620.3570; and

§

the periodic surveillance performed under Code of Federal Regulations, title 40, chapter I, subchapter R, part 763, subpart E, section 763.92, paragraph (b), amended through February 3, 1994;

§

B.

an inspection performed by an employee or agent of the federal, state, or local government solely for the purpose of determining compliance with applicable statutes or rules; and

§

the maintenance of asbestos-containing material in a condition that prevents the release of asbestos fibers; and

§

[Repealed, 20 SR 2765]

§

§

B.

intentional burning of the facility.

§

Subp. 15.

[Repealed, 20 SR 2765]

§

Subp. 16.

Emergency project.

"Emergency project" means a project which was not planned but results from a sudden, unexpected event whose consequences, if not immediately attended to, present either a safety or public health hazard or would damage the facility or facility components. This includes work required by nonroutine failures of equipment.

§

Subp. 17.

[Repealed, 20 SR 2765]

§

institutional, commercial, public, industrial, or residential structure, building, or installation, including any structure, building, or installation containing condominiums or individual dwelling units operated as a residential cooperative; or

§

§

Subp. 27.

Occupied area immediately adjacent to an asbestos work area.

"Occupied area immediately adjacent to an asbestos work area" is a designation used during an asbestos-related work project and means an indoor space which:

§

A.

is not considered part of the asbestos work area;

§

B.

shares a wall, floor, or ceiling with the asbestos work area or shares a window, door, or similar opening to a room temporarily considered the asbestos work area; and

§

the area preparation, enclosure, removal, or encapsulation operations and air quality monitoring of asbestos-containing material in a quantity that meets or exceeds 260 linear feet of friable asbestos-containing material on pipes, 160 square feet of friable asbestos-containing material on other facility components, or if linear feet or square feet cannot be measured, a total of 35 cubic feet of friable asbestos-containing material on or off all facility components in one facility. The removal, enclosure, or encapsulation described in this item may not be subdivided to fall below the quantity specified in this item. In single-family residences and residential buildings with no more than four dwelling units, asbestos-containing materials excluded from this definition are floor tiles and sheeting, roofing materials, siding, and all ceilings with asbestos-containing material;

§

B.

a series of activities, excluding maintenance activity, which individually consist of area preparation and the enclosure, removal, or encapsulation operations and air quality monitoring of asbestos-containing material in quantities less than the quantities specified in item A where the total quantity of asbestos-containing material enclosed, removed, or encapsulated during a calendar year meets or exceeds the quantities specified in item A in that facility;

§

C.

a series of maintenance activities where the contracting entity has predicted that the additive quantity of maintenance during a calendar year will exceed 260 linear feet, 160 square feet, or 35 cubic feet in a facility during the calendar year; or

§

[Repealed, 20 SR 2765]

§

Subp. 31.

Small residential abatement.

"Small residential abatement" means any asbestos-related work performed in a single- or multifamily residence where the quantity of asbestos-containing material to be enclosed, removed, or encapsulated is greater than ten but less than 260 linear feet of friable asbestos-containing material on pipes or ducts or greater than six but less than 160 square feet of friable asbestos-containing material on other facility components.

§

A.

The asbestos-related work described in this subpart may not be subdivided to fall below the quantities specified in this subpart.

§

a human thoroughfare; or

§

B.

an air plenum for any ventilation system.

§

Subp. 34.

Verifiable evidence.

"Verifiable evidence" means a signed statement verifying that the applicant has completed a training course or a refresher course. The statement may be provided in hard copy or electronic form or may be other electronic evidence such as an excerpt from a database. The statement or electronic evidence must be submitted by the provider of a training course, or by a government agency in another state charged with certifying or licensing asbestos workers if the course was taken in another state.

4620.3200 CONTRACTOR LICENSURE.

§

Subpart 1.

[Repealed, 20 SR 2765]

Workers' compensation.

As part of the contractor license application, the applicant must provide:

§

A.

evidence of workers' compensation insurance as required by Minnesota Statutes, section 176.182; or

§

B.

if the applicant is not liable to pay compensation under Minnesota Statutes, chapter 176, the applicant must submit a letter to the commissioner, signed and dated, stating why the applicant is not liable.

§

Subp. 3.

Denial of asbestos contractor license application.

The commissioner shall deny an application for an asbestos contractor license if the applicant fails to comply with the requirements of subparts 2, 2a, and 4a. Additional grounds for the commissioner to deny an application are stated in Minnesota Statutes, section 144.99, subdivision 8, paragraph (a) or (b). An applicant:

§

A.

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

§

[Repealed, 20 SR 2765]

§

Subp. 7.

[Repealed, 20 SR 2765]

§

Subp. 8.

Procedures for obtaining duplicate license.

The commissioner shall issue a duplicate asbestos contractor license to replace a lost, destroyed, or mutilated license if the licensee submits a completed application for a duplicate license and pays a charge to the commissioner for the cost of duplicating the license.

§

Subp. 9.

Subcontractors.

A subcontractor who performs asbestos-related work must hold a valid asbestos contractor license.

4620.3250 USE OF QUALIFIED INDIVIDUALS.

§

Subpart 1.

B.

two years of postsecondary education with an emphasis in construction management, industrial hygiene, industrial technology safety, or physical or life science, and completed an Occupational Safety and Health Administration's (OSHA) 510 Occupational Safety and Health Standards for the construction industry course;

§

C.

a vocational training program in a construction-related discipline of not less than 18 months; or

§

D.

work experience of at least 1,000 hours of work experience in general commercial construction trades.

an applicant must complete, before the commissioner's receipt of the application, an asbestos worker refresher course permitted by the commissioner under part 4620.3704 if the applicant has completed an initial asbestos worker training course specified in item A, subitem (2) or (3).

§

Subp. 3a.

Training diploma expiration; retraining.

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

§

A.

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

§

B.

Any refresher courses 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. 4.

Subp. 6.

Denial of asbestos worker certification.

The commissioner shall deny an application for asbestos worker 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 worker certification application according to subpart 4 or 5 within 30 days of receipt of notice that the asbestos worker certification has been denied. Fees are required for all subsequent applications.

§

Subp. 7.

Duration of certificate; transfer.

An asbestos worker certificate issued by the commissioner is valid for one year after the completion date on the training course diploma for the most recently completed training course. The asbestos worker certificate is not transferable.

§

Subp. 8.

Duplicate certificate.

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

4620.3310 CERTIFICATION OF ASBESTOS SITE SUPERVISOR.

B.

a bachelor's degree in architecture, engineering, physical or life science, and work experience of at least 500 hours in asbestos-related work, safety, industrial hygiene, hazardous materials control, or other general commercial construction trades;

§

C.

a master's degree in environmental health, industrial hygiene, or safety; or

§

D.

completion of an apprenticeship program within the general commercial construction trades that is either 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.

an applicant must complete, before the commissioner's receipt of the application, an asbestos site supervisor refresher course permitted by the commissioner under part 4620.3704 if the applicant has completed an initial asbestos site supervisor training course specified in item A, subitem (2) or (3).

§

Subp. 4.

Training diploma expiration; retraining.

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

§

A.

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

§

B.

Any refresher courses 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.

Subp. 7.

Denial of certification.

The commissioner shall deny an application for an asbestos site supervisor 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 site supervisor application within 30 days of the receipt of the notice that the asbestos site supervisor application has been denied. Fees are required for all subsequent applications.

§

Subp. 8.

Duration of certificate; transfer.

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

§

Subp. 9.

Duplicate certificate.

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

4620.3330 CERTIFICATION OF ASBESTOS INSPECTOR.

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.

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.

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.

4620.3340 ASBESTOS MANAGEMENT PLANNER CERTIFICATION.

B.

licensure by Minnesota as a building official;

§

C.

a bachelor's degree in architecture, engineering, physical or life science, and work experience of 500 hours in the field of building inspection, asbestos-related work, safety, industrial hygiene, or hazardous materials control;

§

D.

registration as a registered architect, licensure as a professional engineer, or certification as a certified industrial hygienist or certified safety professional; or

§

E.

a master's degree in environmental health, industrial hygiene or safety, and work experience of 250 hours in the field of building inspection, asbestos-related work, safety, industrial hygiene, or hazardous materials control.

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

§

Subp. 4.

Training diploma expiration; retraining.

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

§

A.

The most recent asbestos management planner 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.

Subp. 7.

Denial of certification.

The commissioner shall deny an application for certification as an asbestos management planner if the applicant fails to comply with the 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 management planner application within 30 days of the receipt of the notice that the asbestos management planner application has been denied. Fees are required for all subsequent applications.

§

Subp. 8.

Duration of certificate; transfer.

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

§

Subp. 9.

Duplicate certificate.

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

4620.3350 ASBESTOS PROJECT DESIGNER CERTIFICATION.

B.

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

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

§

Subp. 4.

Training diploma expiration; retraining.

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

§

A.

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

§

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.

Subp. 7.

Denial of certification.

The commissioner shall deny an application for an asbestos project designer certificate if the applicant fails to comply with the 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 project designer application within 30 days of the receipt of the notice that the asbestos project designer application has been denied. Fees are required for all subsequent applications.

§

Subp. 8.

Duration of certificate; transfer.

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

§

Subp. 9.

Duplicate certificate.

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

4620.3400

[Repealed, 20 SR 2765]

4620.3410 ASBESTOS-RELATED WORK PROJECT NOTICE.

B.

the permit fee for the project as determined under part 4620.3430.

§

Subp. 3.

Notice of abatement schedule.

The commissioner must be notified in advance of the dates and work shift times for abatement.

§

A.

If a project will occur in two or more phases between the project start and end dates specified on the notice, the commissioner must receive a written schedule of abatement dates and work shift times from the licensed asbestos contractor performing abatement at least five calendar days before beginning the project.

§

B.

For a project described in part 4620.3100, subpart 27b, item B or C, if the licensed asbestos contractor performing abatement cannot reasonably determine the schedule for abatement at the time of notice, the licensed asbestos contractor performing abatement must also submit written notice to the commissioner of abatement dates and work shift times for each portion of the project which exceeds three linear feet or three square feet of asbestos-containing material, so that the commissioner receives the notice as soon as possible before that portion of the project begins.

§

C.

The asbestos contractor performing abatement must ensure that at least one site supervisor is present at the project site on the dates and during the work shifts for which the commissioner has been notified.

§

D.

The asbestos contractor performing abatement must ensure that abatement is performed only during dates and work shifts for which the commissioner has been notified.

4620.3415 AMENDMENT OF NOTICE.

The licensed asbestos contractor performing abatement must notify the commissioner according to this part of any change in the information reported to the commissioner by that contractor under part 4620.3410.

§

A.

All amendments except for work shift times and dates must be in writing with the permit number and the changes clearly indicated.

§

B.

Any amendment of the project start date to an earlier start date must be received by the commissioner at least five calendar days before abatement begins.

§

C.

An amendment, other than a change of the project start date to an earlier start date, must be received by the commissioner no later than the effective date and time of the change.

§

D.

Any amendment of the dates or work shift times, other than the project start and end dates, must be received by the commissioner by voice mail, telephone, facsimile, mail, or delivery.

4620.3420 EMERGENCY PROJECT NOTICE.

§

Subpart 1.

Emergency project begun during work hours.

For an emergency project which begins between 8:00 a.m. and 4:30 p.m. on the days the Minnesota Department of Health is open, the commissioner must receive from the licensed asbestos contractor:

§

A.

a completed notice on a form provided by the commissioner which seeks only information the commissioner considers reasonably necessary to inspect the project and issue the permit as soon as possible before the project begins; and

§

B.

within five calendar days after the emergency project begins, the items listed in part 4620.3410, subpart 2, items B and C.

§

Subp. 2.

Emergency project begun after work hours.

For an emergency project which begins at a time other than the times specified in subpart 1, the commissioner must receive from the licensed asbestos contractor:

§

A.

a completed notice on a form provided by the commissioner which seeks only information the commissioner considers reasonably necessary to inspect the project and issue the permit by 4:30 p.m. of the next day the department is open; and

§

B.

within five calendar days after the emergency project begins, the items listed in part 4620.3410, subpart 2, items B and C.

§

Subp. 3.

Amendments to emergency project notice.

Amendments to the emergency project notice form must be made according to part 4620.3415, items A, C, and D. An amendment to an emergency project notice must not include additional asbestos-containing material to be abated unless that material is part of the same emergency situation.

4620.3425 PERMIT ISSUANCE.

If the licensed asbestos contractor performing abatement complies with the requirements of part 4620.3410, subparts 2 and 3, or 4620.3420, subpart 1 or 2, the commissioner shall issue a project permit to the licensed asbestos contractor. The project permit shall expire on the end date stated on the notice or any amendment of the end date made under part 4620.3415.

4620.3430 PERMIT FEES.

B.

If the final invoice amount for the abatement portion exceeds the total cost of the abatement portion of the project previously reported on the notification form, the asbestos contractor performing abatement must ensure that an additional fee payment in the amount of one percent of that difference is submitted to the commissioner within 30 calendar days of the submission of the invoice to the contracting entity.

§

C.

If the final project cost amount for the abatement portion is less than the total cost of the abatement portion of the project previously reported on the notification form, the commissioner must pay a refund of the excess fee payment to the licensed asbestos contractor.

§

Subp. 3.

C.

§

Subp. 2.

Record retention.

The records in subpart 1 must be retained by the asbestos contractor for 30 years after completion of the project. When the licensed asbestos contractor ceases operation, within 20 calendar days of ceasing operation, the responsible individual must submit written notice to the commissioner of the name, address, and telephone number of the individual with whom the records required by subpart 1 are deposited.

4620.3450 DUTIES OF CONTRACTING ENTITY.

A contracting entity is responsible for compliance with this part. A contracting entity must:

§

A.

maintain for at least three years, records of the amount of asbestos-containing material removed, enclosed, and encapsulated, during each calendar year, in each facility for which the contracting entity is responsible; and

§

B.

before any person begins work involving the enclosure, removal, or encapsulation of asbestos-containing material, inform that person, in writing, of the cumulative quantities of all asbestos-containing materials enclosed, removed, or encapsulated within a facility during the current calendar year, as of the date of the writing.

4620.3460 ASBESTOS INSPECTION AND ASSESSMENT.

is provided to the person requesting the inspection.

4620.3470 ASBESTOS MANAGEMENT PLAN.

B.

The asbestos management planner must have a current asbestos management planner certificate at the location where the asbestos management planner is conducting work, except as provided in part 4620.3340, subpart 6, item A.

§

C.

Any changes to an asbestos management plan must be made by an asbestos management planner.

§

D.

The asbestos management planner must ensure that the asbestos management plan is available for review by the commissioner on request.

§

E.

Material assumed by the asbestos inspector to be asbestos-containing material must be designated by the asbestos management planner in the asbestos management plan as asbestos-containing material, unless sampling of the material demonstrates the material is not asbestos-containing material.

procedures to inform facility maintenance personnel and outside contractors of the location and identity of building materials known or assumed to be asbestos-containing material before the beginning of work in an area where these materials are located.

4620.3480 ASBESTOS PROJECT DESIGN.

J.

disposal of asbestos-containing materials and project waste.

4620.3500

[Repealed, 20 SR 2765]

4620.3559 APPLICABLE WORK PRACTICES FOR ABATEMENT.

Any person performing asbestos-related work must ensure compliance with parts 4620.3560 to 4620.3598.

§

A.

Notwithstanding this part, for asbestos-related work involving the enclosure, removal, or encapsulation of asbestos-containing material that is located outside the foundation, curtain walls, or roof of a facility and is above grade, the asbestos contractor must comply with parts 4620.3000 to 4620.3724 except parts 4620.3566; 4620.3567; 4620.3568, subparts 1 to 4; 4620.3569; 4620.3570; 4620.3575, subparts 1 to 8; 4620.3580; 4620.3581; 4620.3585; 4620.3592; 4620.3594; 4620.3596; 4620.3597; and 4620.3598.

§

B.

Notwithstanding this part, in the case of asbestos-related work within a tunnel, as defined in part 4620.3100, subpart 33, the asbestos contractor must:

§

(1)

comply with parts 4620.3000 to 4620.3724 except part 4620.3568, subparts 2 to 4; and

§

(2)

use two layers of six-mil polyethylene sheeting for critical containment barriers when complying with part 4620.3567.

4620.3560 ASBESTOS PROJECT PLAN.

All openings between the asbestos abatement containment area and contaminated areas must be sealed with at least one layer of six-mil polyethylene plastic sheeting or comparable material securely fastened to achieve an airtight seal around the opening.

§

F.

If any freestanding containment wall is to be used, the porous outside of the wall frame or frame of the freestanding containment must be covered with at least one layer of six-mil polyethylene sheeting securely fastened to achieve an airtight seal.

4620.3568 CONTAINMENT.

B.

For the first layer, enough area for overlap with the wall sheeting must be provided to maintain an airtight and leakproof seal for the containment.

§

C.

For the second layer, the sheeting must extend 12 inches beyond the wall or floor joints.

§

D.

Floor sheeting must be sized to minimize seams.

§

E.

The floor must have no seams at wall and floor joints.

Decontamination unit other than small residential abatement.

For abatement in a facility other than small residential abatement, the decontamination unit must consist of a clean room, an air lock chamber, a shower, an air lock chamber, and a dirty room.

4620.3570 HEPA-FILTERED NEGATIVE PRESSURE.

B.

an audible alarm or an automatic unit shutdown mechanism activated in the event of a breach in the filter or in the absence of a filter;

§

C.

an audible alarm or automatic unit shutdown mechanism activated when the differential pressure across the filter exceeds a preset pressure; and

§

Subp. 2.

Any loose or hanging asbestos-containing material must be removed before construction of the enclosure.

§

D.

Subp. 4.

Visual inspection after removal of containment walls and floors.

Following removal of the walls and floors of the containment, all surfaces previously in contact with the walls and floors of the containment and the interior decontamination unit must be inspected.

§

A.

The inspection must be done according to subpart 2.

§

removed after the containment and the decontamination unit have passed the visual inspection specified in subpart 4 and completion of clearance air sampling as specified in subpart 5;

§

B.

removed after the contracting entity grants permission to remove the barriers;

§

C.

removed before the decontamination unit is disassembled; and

§

D.

disposed of as asbestos-containing waste.

§

Subp. 7.

Final visual inspection of asbestos work area.

Areas where critical barriers had been placed must be inspected and cleaned as specified in subpart 4 to ensure that no surface contamination is visible.

§

A.

Whenever contamination is observed, the entire area must be cleaned, using a HEPA-filter equipped vacuum and wet wiping, or both, until no contamination is visible.

§

B.

If contamination is found, the asbestos work area must be cleaned and cleared as specified in subpart 5.

All nondisposable filters must be cleaned and decontaminated by the person performing abatement after the project is complete.

doubled to prevent leakage.

4620.3580 GLOVE BAG PROCEDURES.

§

Subpart 1.

Application.

When a portion of a project includes the removal, encapsulation, or enclosure of less than 25 linear feet of asbestos-containing pipe lagging or less than ten square feet of asbestos-containing material per room, for that portion of the project the person performing abatement may use the glove bag procedures in this part instead of the procedures in parts 4620.3566 to 4620.3575, subparts 1 to 8.

In process areas of facilities not accessible to the general public and designated in Division B, D, or E of the 1987 edition of the Standard Industrial Classification Manual, asbestos-containing material may be abated in quantities up to 25 linear feet or ten square feet for each 15,000 square foot area of floor space using the glove bag procedures in this part instead of the procedures in parts 4620.3566 to 4620.3575, subparts 1 to 8. Division B, D, and E of the 1987 edition of the Standard Industrial Classification Manual are incorporated by reference and are not subject to frequent change. A copy of this material is available from the State Law Library, Minnesota Judicial Center, 25 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155, or for loan or inspection from the Barr Library of the Minnesota Department of Health or through the Minitex interlibrary loan system.

§

A.

remove the outer layer of clothing worn during mini-containment abatement;

§

B.

vacuum clean all exposed parts of the body and hair using a HEPA-filter equipped vacuum cleaner; and

§

C.

don a nonpermeable layer of protective clothing which covers all body surfaces except the face and hands.

§

Subp. 3.

Remote decontamination unit.

A remote decontamination unit must be available that complies with part 4620.3569, subparts 1, items B to D, and 2. The remote decontamination must be:

§

A.

available in the facility prior to the start of mini-containment operations;

§

B.

used by individuals following mini-containment operations for each asbestos work area; and

§

C.

placed in an area to minimize contamination of the area between the asbestos work area and the remote decontamination unit.

have all seams in the polyethylene sheeting sealed.

§

Subp. 5.

Asbestos removal or enclosure.

All persons using a mini-containment to perform abatement must comply with this subpart.

§

A.

Negative air pressure within the mini-containment must be maintained until the procedures in subpart 6, item G, are completed.

§

B.

Surfaces from which asbestos-containing material has been removed must be thoroughly cleaned until no visible asbestos-containing material remains.

§

C.

All exposed asbestos-containing material within the mini-containment must be encapsulated according to part 4620.3572 before the mini-containment is removed.

tearing down the mini-containment only after the results of clearance air sampling performed according to parts 4620.3594 to 4620.3598 indicate that fiber levels within the mini-containment do not exceed the clearance standard or alternative clearance standard in either part 4620.3100, subpart 2b or 10a.

4620.3582 REMOVAL OF ENTIRE FACILITY COMPONENTS.

B.

asbestos-containing material or its covering to be removed is not damaged; and

§

C.

glove bag procedures in part 4620.3580 are followed.

Facility components must be labeled with asbestos warning labels and handled according to part 4620.3575, subpart 9.

§

H.

If asbestos-containing material is removed from the facility component removed under this part, removal must be done according to parts 4620.3560 to 4620.3575.

4620.3585 DEMOLITION BY DESTRUCTION TO THE GROUND.

§

Subpart 1.

Applicability.

This part may be used when a facility or portion of a facility:

§

A.

will be subjected to demolition by destruction to the ground within 24 hours of the completion of asbestos-related work; and

§

a facility or portion of a facility is demolished by destruction to the ground; and

§

B.

friable asbestos-containing material is present in amounts greater than six square feet or ten linear feet but less than 160 square feet or 260 linear feet for a former single- or multifamily dwelling or greater than 260 linear feet, 160 square feet, or 35 cubic feet in other facilities.

§

Subp. 5.

Abatement following facility demolition.

When a facility or portion of a facility is demolished as described in subpart 4, the person performing abatement must comply with items A to D.

§

A.

The site must be secured and posted with warning signs that state: "DANGER. ASBESTOS. CANCER AND LUNG DISEASE HAZARD. AUTHORIZED PERSONNEL ONLY. RESPIRATORS AND PROTECTIVE CLOTHING ARE REQUIRED IN THIS AREA."

§

B.

Notification of the project must be given to the commissioner as specified in part 4620.3420.

§

C.

A person licensed as specified in part 4620.3200 must be used for removal of asbestos-containing material from the demolition rubble.

§

D.

Individuals handling asbestos-containing material at the site must be certified as specified in parts 4620.3300 and 4620.3310.

4620.3592 INDOOR AIR MONITORING.

§

Subpart 1.

Applicability.

As part of every project, indoor air monitoring must be performed as specified in this part except that indoor air monitoring is not required:

§

A.

when a project is performed in preparation for demolition of a facility and the facility will not be entered or occupied by any individual not involved with asbestos-related work during and after the project; or

§

B.

if a domiciled owner of a single-family residence conducts a project in the single-family residence.

Subp. 4.

Suspected nonasbestos dust.

When elevated fiber concentrations in the air outside the containment are suspected to be from nonasbestos dust in the air, evacuation of the occupied areas immediately adjacent to the asbestos work area may be delayed, provided the actions in this subpart are taken immediately.

§

A.

The indoor air monitoring samples which indicate elevated fiber concentrations must be reanalyzed by transmission electron microscopy to distinguish between asbestos and nonasbestos fibers greater than five microns in length with an aspect ratio of three-to-one. Repeat analysis under this item must meet the requirements of "Mandatory Transmission Electron Microscopy Method," Code of Federal Regulations, title 40, chapter I, subchapter R, part 763, subpart E, appendix A, section II, Parts A, E, F, H, I, and J, amended through October 30, 1987, and as qualified in subitems (1) and (2).

§

Code of Federal Regulations, title 40, part 763, subpart E, appendix A, section II, part F, is modified as follows:

§

(a)

Paragraph 9(a) is modified to read:

"9. Recording Rules.

a. Any continuous grouping of particles in which an asbestos fiber with an aspect ratio greater than or equal to 3:1 and a length greater than or equal to 5.0 microns is detected shall be recorded on the count sheet. These will be designated asbestos structures and will be classified as fibers, bundles, clusters, or matrices. Record as individual fibers any contiguous grouping having 0, 1, or 2 definable intersections. Groupings having more than 2 intersections are to be described as cluster or matrix. An intersection is a nonparallel touching or crossing of fibers, with the projection having an aspect ratio of 3:1 or greater. See the following Figure 2:"

§

If the analysis results obtained according to item A indicate the concentration of asbestos fibers in the air exceeds 0.01 fibers per cubic centimeter of air, the occupied area immediately adjacent to the asbestos work area must be evacuated and not reoccupied until the corrective measures of subpart 3, item B, have been performed and documented.

When electrical power is provided, the power supply equipment must be underwriter laboratory approved and not modified. Wiring must be grounded and the circuits protected by ground fault interrupt devices.

§

Air monitoring sample cassettes must be submitted for analysis on the day collected.

§

C.

The contract for air monitoring sample analysis must specify that results must be available orally or in writing no later than 48 hours after submission for analysis or before disassembly of the containment, whichever is earlier.

4620.3597 PHASE CONTRAST MICROSCOPY.

B.

To establish an alternative indoor air standard, five air monitoring samples must be collected simultaneously and analyzed according to this part before the start of abatement including area preparation.

§

C.

The alternative indoor air standard must be calculated as the upper bound of the range defined by the 95 percent confidence interval from the average of the result of the five indoor air monitoring samples.

§

D.

Locations for air monitoring sample collection must be selected to provide suitable data for comparison with indoor air monitoring samples collected after abatement begins. Sample locations must be indoors and within ten feet of where the containment will be constructed.

§

E.

The alternative indoor air standard applies only to the containment area where the air samples used to establish the alternative indoor air standard were collected.

Transitional air monitoring sample analysis.

Between July 1, 1996, and July 1, 1997, air monitoring samples must be analyzed by:

§

A.

a laboratory that is accredited by the American Industrial Hygiene Association;

§

B.

an analyst considered proficient by the American Industrial Hygiene Association's asbestos analyst registry program; or

§

C.

a laboratory considered proficient in asbestos analysis by the American Industrial Hygiene Association (AIHA) Proficiency Analytical Testing (PAT) Program for phase contrast microscopy.

§

Subp. 5.

Air sample analysis.

Beginning July 1, 1997, air monitoring samples must be analyzed by:

§

A.

a laboratory that is accredited by the American Industrial Hygiene Association; or

§

B.

an analyst considered proficient by the American Industrial Hygiene Association's asbestos analyst registry program.

4620.3598 TRANSMISSION ELECTRON MICROSCOPY.

§

Subpart 1.

Use of alternative clearance standard.

When the alternative clearance standard is used, items A and B apply.

§

A.

The transmission electron microscopy method for air monitoring sample collection and analysis must comply with Code of Federal Regulations, title 40, chapter I, subchapter R, part 763, subpart E, appendix A, section II, amended through October 30, 1987.

§

B.

The volume of air drawn through a 25-millimeter filter cassette must be equal to or greater than 1,200 liters. The volume of air drawn through a 37-millimeter filter cassette must be greater than or equal to 2,800 liters. Both types of filter cassettes must contain a sample filter that has a pore size of 0.8 microns or smaller.

§

Subp. 2.

Air monitoring sample analysis.

Alternative clearance air monitoring samples analyzed by transmission electron microscopy must be analyzed by a laboratory accredited by the United States National Institute of Standards and Technology National Voluntary Laboratory Accreditation Program (NVLAP) for analysis of samples by transmission electron microscopy.

4620.3600

[Repealed, 20 SR 2765]

4620.3700

§

Subp. 2.

Renewal.

To obtain a renewal of a training course permit, the training course provider must submit, to be received by the commissioner at least 30 days before expiration of the current permit:

§

A.

a 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 training course meets the statutory and regulatory requirements for a permit;

§

B.

except for an air sampling course described in part 4620.3718, subpart 5, a nonrefundable renewal fee of $250, which is not in the form of a personal check, payable to the Minnesota Department of Health unless the course is for air sampling as described in part 4620.3718, subpart 5; and

§

C.

documentation of any change in the information on the training course most recently submitted by the provider under subpart 1, items C to H.

4620.3704 PERMITTING TRAINING COURSES.

B.

the provider, training course, and diploma meet all applicable requirements in parts 4620.3708 to 4620.3722; and

§

4620.3712 ATTENDANCE REQUIREMENTS.

The training course provider must require participants to attend the entire training course as a condition for successful completion of the training course. A training course provider must:

§

A.

C.

apply the methods of adult instruction described in item A.

Successful completion of initial training course.

To successfully complete an initial training course, a participant must:

§

A.

attend the entire training course;

§

B.

demonstrate to the instructor proficiency during the hands-on portion of the course; and

§

C.

pass a closed-book written examination that complies with subpart 4.

§

Subp. 6.

B.

asbestos site supervisors must meet the training course length and content requirements in Code of Federal Regulations, title 40, chapter I, subchapter R, part 763, subpart E, appendix C, section I, part B, paragraph (2), amended through February 3, 1994;

§

C.

asbestos inspectors must meet the initial training course length and content requirements in Code of Federal Regulations, title 40, chapter I, subchapter R, part 763, subpart E, appendix C, section I, part B, paragraph (3), amended through February 3, 1994;

§

D.

asbestos management planners must meet the initial training course length and content requirements in Code of Federal Regulations, title 40, chapter I, subchapter R, part 763, subpart E, appendix C, section I, part B, paragraph (4), amended through February 3, 1994; and

§

E.

asbestos project designers must meet the initial training course length, content, and prerequisite requirements in Code of Federal Regulations, title 40, chapter I, subchapter R, part 763, subpart E, appendix C, section I, part B, paragraph (5), amended through February 3, 1994.

calculating the alternative indoor air standard described in part 4620.3597, subpart 2.

demonstration by the instructor and practice by each course participant of removing and replacing the filter elements in a HEPA-filtered negative air machine.

§

Subp. 7.

Annual refresher courses.

Annual refresher courses for asbestos project designers, asbestos management planners, asbestos inspector, asbestos site supervisors, and asbestos workers must:

§

A.

meet the refresher course length and content specified in Code of Federal Regulations, title 40, chapter I, subchapter R, part 763, subpart E, appendix C, section I, part D, amended through February 3, 1994;

§

B.

include a review of the topics covered in an initial training course as specified in subpart 5; and

§

C.

comply with part 4620.3716, subpart 6.

§

Subp. 8.

Time limits for training courses.

If extra time is required to complete the prescribed instruction of a permitted training course or to add subjects not prescribed for the training course, the course may be extended if:

§

A.

instruction is not more than eight hours per day, including lunch and other breaks; and

§

The purpose of parts 4620.3900 to 4620.4800 is to protect public health by ensuring acceptable air quality in the operation and maintenance of indoor ice arenas.

4620.3910 APPLICATION.

Parts 4620.3900 to 4620.4800 apply to owners or operators of indoor ice arenas.

4620.3950 ACCEPTABLE AIR QUALITY.

The owner or operator of an indoor ice arena must maintain acceptable air quality conditions at all times in areas of the arena building that are open to the public. Such conditions are defined as: one-hour average air concentration of not more than 20 parts of carbon monoxide per one million parts of air by volume (20 ppm), and one-hour average air concentrations of not more than 0.3 parts of nitrogen dioxide per one million parts of air by volume (0.3 ppm).

4620.4000 DEFINITIONS.

§

the room has a roof;

§

B.

the room is bounded by walls, doorways, or windows, whether open or closed; and

§

Resurfacing.

"Resurfacing" means operation of an ice resurfacer.

4620.4100 CERTIFICATE OF APPROVAL.

Owners or operators must apply for renewal on forms prescribed by the commissioner at least 30 days before a certificate expires.

§

B.

If a certificate expires while a renewal application is pending approval, the arena may continue to operate under the expired certificate until the commissioner issues a new certificate or denies the renewal application.

§

Subp. 5.

Posting of certificate.

The certificate must be prominently displayed in a location that is clearly visible to the public.

4620.4200

[Repealed, 37 SR 1663]

4620.4300

[Repealed, 37 SR 1663]

4620.4400

§

Subp. 2.

Documentation.

Trainees must acknowledge, with their written signature, that they have received training meeting the requirements of this part. Owners or operators must maintain the written acknowledgment according to part 4620.4650.

4620.4500

[Repealed, 37 SR 1663]

4620.4510 MEASUREMENT OF AIR QUALITY CONDITIONS.

Subp. 5.

Measurement records.

Owners or operators must keep a record of measurement findings and make them available to the commissioner upon request.

§

Subp. 6.

Additional measurements.

Owners or operators must make additional measurements as determined by the commissioner.

4620.4550 AIR QUALITY MEASURING DEVICES.

§

Subpart 1.

at 20-minute intervals until measurements show not more than 20 ppm of carbon monoxide and not more than 0.3 ppm of nitrogen dioxide;

§

B.

20 minutes after the next five uses of ice maintenance equipment; and

§

C.

at least once per day for the subsequent three days of arena operation.

corrective measures have been taken to prevent further incidence of unacceptable air quality conditions; and

§

Required documents must be retained for at least three years.

4620.4700 OTHER FUEL-BURNING EQUIPMENT.

B.

notifying the commissioner by telephone or in writing before using other fuel-burning equipment in the arena if the equipment was not included in its annual submission to the commissioner.

§

Subp. 3.

Air quality measurement.

The owner or operator must ensure acceptable air quality in the arena building when using other fuel-burning equipment by measuring the air quality conditions and reporting as the commissioner directs, depending upon the specific type of activity to be conducted in the building.

4620.4800 ENFORCEMENT.

Violations of the requirements of parts 4620.3900 to 4620.4700 shall constitute grounds for the commissioner to take one or more of the enforcement actions in Minnesota Statutes, sections 144.989 to 144.993, subject to the notice and appeal provisions set forth in applicable law.

4620.4900 VARIANCE TO RULES RELATING TO INDOOR ICE ARENAS.

The commissioner shall grant variances to parts 4620.3900 to 4620.4800, except part 4620.3950, only according to the procedures and criteria specified in parts 4717.7000 to 4717.7050.

4620.5000 PURPOSE.

The purpose of parts 4620.5000 to 4620.5900 is to protect public health by ensuring acceptable air quality in the operation and maintenance of indoor motorsports arenas.

4620.5100 APPLICATION.

Parts 4620.5000 to 4620.5900 apply to owners or operators of indoor motorsports arenas.

4620.5200 ACCEPTABLE AIR QUALITY.

The owner or operator of an indoor motorsports arena must maintain acceptable air quality conditions at all times in areas of the arena building that are open to the public. Such conditions are defined as: one-hour average air concentrations of not more than 30 parts of carbon monoxide per one million parts of air by volume (30 ppm), and one-hour average air concentrations of not more than 0.3 parts of nitrogen dioxide per one million parts of air by volume (0.3 ppm).

4620.5300 DEFINITIONS.

§

Subpart 1.

Scope.

§

B.

the room is bounded by walls, doorways, or windows, whether open or closed; and

§

Spectator area.

"Spectator area" means that part of the indoor motorsports arena building where spectators are allowed to assemble.

4620.5400 CERTIFICATE OF APPROVAL.

§

Subp. 2.

Subp. 4.

Measurement records.

Owners or operators must keep a record of measurement findings and make it available to the commissioner upon request.

4620.5650 AIR QUALITY MEASURING DEVICES.

§

Subpart 1.

at 15-minute intervals until measurements show not more than 30 ppm of carbon monoxide and not more than 0.3 ppm of nitrogen dioxide; and

§

B.

at 15-minute intervals for at least one hour per day for the subsequent three days of arena operation.

4620.5900 ENFORCEMENT.

Violations of the requirements of parts 4620.5000 to 4620.5800 shall constitute grounds for the commissioner to take one or more of the enforcement actions in Minnesota Statutes, sections 144.989 to 144.993, subject to the notice and appeal provisions set forth in applicable law.

4620.5950 VARIANCE TO RULES RELATING TO INDOOR MOTORSPORTS ARENAS.

The commissioner shall grant variances to parts 4620.5000 to 4620.5900, except part 4620.5200, only according to the procedures and criteria specified in parts 4717.7000 to 4717.7050.

Office of the Revisor of Statutes

Minnesota Administrative Rules

Resources

Chapter 4620

CHAPTER 4620, CLEAN INDOOR AIR

DEPARTMENT OF HEALTH

MINNESOTA CLEAN INDOOR AIR ACT

4620.0050 SCOPE AND PURPOSE.

Statutory Authority:

History:

Published Electronically:

4620.0100 DEFINITIONS.

Subpart 1.

Scope.

Subp. 2.

Subp. 3.

Subp. 4.

Subp. 4a.

Subp. 5.

Subp. 6.

Subp. 7.

Subp. 8.

Subp. 9.

Subp. 10.

Subp. 11.

Place of employment.

Subp. 11a.

Subp. 12.

Subp. 13.

Proprietor.

Subp. 14.

Public conveyance.

Subp. 14a.

Public meeting.

Subp. 14b.

Public place.

Subp. 15.

Subp. 16.

Subp. 16a.

Subp. 17.

Room.

Statutory Authority:

History:

Published Electronically:

4620.0200

Published Electronically:

4620.0300

Published Electronically:

4620.0400

Published Electronically:

4620.0500 SIGNS.

Subpart 1.

Subp. 2.

Statement on signs.

Subp. 3.

Placement of sign.

Subp. 4.

Size of lettering.

Subp. 5.

Subp. 6.

Statutory Authority:

History:

Published Electronically:

4620.0600

Published Electronically:

4620.0700

Published Electronically:

4620.0750

Published Electronically:

4620.0800

Published Electronically:

4620.0900

Published Electronically:

4620.0950

Published Electronically:

4620.0955 OFFICES, FACTORIES, WAREHOUSES, OR SIMILAR PLACES OF WORK.

Subpart 1.

Subp. 2.

Smoking-permitted area requirements.

A.