Section .0100 ‑ General

Link to law: http://reports.oah.state.nc.us/ncac/title 10a - health and human services/chapter 41 - epidemiology health/subchapter c/subchapter c rules.html
Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
SUBCHAPTER 41C ‑ OCCUPATIONAL HEALTH

 

SECTION .0100 ‑ GENERAL

 

10A NCAC 41C .0101       RESERVED FOR FUTURE CODIFICATION

10A NCAC 41C .0102       ACTIVITIES

(a)  The Occupational Health Section shall conduct programs

to help obtain a safe and healthy workplace.  The activities shall include at

least the following:

(1)           support the North Carolina Industrial

Commission in meeting the legislative mandate assigned to evaluate and control

incidences of asbestosis and silicosis in dusty trades;

(2)           supply program consultation services to North Carolina employers to evaluate hazardous conditions and recommend solutions and

improvements;

(3)           provide occupational health nursing

consultation to industries, academia, health care and related agencies and

affiliated professions;

(4)           evaluate health conditions in places of

employment;

(5)           implement the Asbestos Hazard Management

Program in Section .0600 of these Rules;

(6)           implement the Occupational Health

Surveillance Section .0700 of these Rules.

(b)  The Occupational Health Section shall also offer

technical assistance to other state and federal agencies.

 

History Note:        Authority G.S. 130A‑5(3);

Eff. September 15, 1980;

Amended Eff. January 4, 1994; September 1, 1990.

 

SECTION .0200 ‑ DUSTY TRADES PROGRAM

 

10A NCAC 41C .0201       RESERVED FOR FUTURE CODIFICATION

 

10A NCAC 41C .0202       RESERVED FOR FUTURE CODIFICATION

 

10A NCAC 41C .0203       RESERVED FOR FUTURE CODIFICATION

 

10A NCAC 41C .0204       ADVISORY MEDICAL COMMITTEE

(a)  The Advisory Medical Committee consists of three

members who are appointed by the Industrial Commission and approved by the

Governor.

(b)  Each member shall be paid one hundred dollars ($100.00)

per month for conducting examinations and making reports and for assisting in

any post mortem examinations when so directed by the North Carolina Industrial

Commission.

 

History Note:        Authority G.S. 97‑69; 97‑73;

130A‑5(3);

Eff. September 15, 1980;

Amended Eff. February 1, 1990; December 1, 1980.

 

10A NCAC 41C .0205       RESERVED FOR FUTURE CODIFICATION

 

10A NCAC 41C .0206       FEES FOR MEDICAL EXAMS IN DUSTY TRADES

Employers

will be charged a fee for each employee screened by the chest consultant

pursuant to G.S. 97‑60.  The fee for this will be eight dollars ($8.00)

per x‑ray.

 

History Note:        Authority G.S. 97-72(b);

Temporary Adoption Eff. January 8, 1992 for a Period of 180 Days to Expire on July 5, 1992;

Eff. March 2, 1992;

Temporary Amendment Eff. February 10, 1998;

Amended Eff. April 1, 1999.

 

SECTION .0300 ‑ INDUSTRIAL HYGIENE CONSULTATION PROGRAM

 

10A NCAC 41C .0301       RESERVED FOR FUTURE CODIFICATION

 

10A NCAC 41C .0302       SURVEYS

(a)  The Occupational Health Section shall conduct

consultative industrial hygiene surveys in the workplace.  Such surveys shall

include the following elements:

(1)           An on‑site survey of the potential

health problem;

(2)           Air samples with submission to the state

laboratory for analysis or the test may be made with on‑site evaluation

and interpretation;

(3)           Calculation of laboratory or on‑site

results, and a written report citing the findings of the survey and

recommending feasible controls for the particular industry.

(b)  The industrial hygiene consultative staff shall perform

surveys at the request of the Industrial Commission.

 

History Note:        Authority G.S. 130A‑5(3); 130A‑5(5);

130A‑5(10);

Eff. September 15, 1980;

Amended Eff. September 1, 1990.

 

10A NCAC 41C .0303       POTENTIAL HEALTH HAZARDS

The industrial hygiene consultative staff may evaluate

existing controls of potential industrial health hazards and may recommend

improvements upon request by the industry.

 

History Note:        Authority G.S. 130A‑5(3);

Eff. September 15, 1980.

 

10A NCAC 41C .0304       TRAINING AND TECHNICAL ASSISTANCE

The industrial hygiene consultative staff may provide

training and technical assistance to industry concerning control of health

hazards. These services may be provided by conferences, seminars or training

courses.

 

History Note:        Authority G.S. 130A‑5(3);

Eff. September 15, 1980.

 

10A NCAC 41C .0305       RESEARCH

The industrial hygiene consultative staff may conduct

research, such as epidemiological studies concerning diseases that arise in and

out of the work environment during the course of employment.

 

History Note:        Authority G.S. 130A‑5(3);

Eff. September 15, 1980.

 

10A NCAC 41C .0306       FEE TO COVER TRANSPORTATION COSTS

Employers who voluntarily request industrial hygiene

consultation services or occupational consultation services from the

Occupational Health Section shall be charged a fee of two hundred dollars ($200.00)

per on‑site inspection to cover the transportation costs of responding to

the request.

 

History Note:        Authority G.S. 130A‑5(13);

Eff. January 1, 1984;

Amended Eff. September 1, 1990; October 1, 1985.

 

SECTION .0400 ‑ OCCUPATIONAL HEALTH NURSING CONSULTATION

PROGRAM

 

10A NCAC 41C .0401       PURPOSE

The occupational health nursing consultation program shall

provide occupational health nursing consultation to industries, academia,

health care and related agencies and affiliated professions.

 

History Note:        Authority G.S. 130A‑5(3);

Eff. September 15, 1980;

Amended Eff. September 1, 1991.

 

10A NCAC 41C .0402       ACTIVITIES

The responsibilities of the occupational health nursing

consultant shall include at least the following:

(1)           answering requests from private firms or state and

local governments expressing interest in initiating, providing or improving

occupational health services;

(2)           offering program consultation to staff of

established occupational health units in industry by responding to requests for

visits and by initiating visits;

(3)           providing program consultation to agencies,

organizations and colleges and universities in planning and coordinating

conferences, seminars and continuing education courses for occupational health

nurses as indicated by a needs assessment;

(4)           compiling and distributing educational and

informational material to the occupational health nurses in North Carolina;

(5)           promoting occupational health and excellence in

occupational health nursing standards.

 

History Note:        Authority G.S. 130A‑5(3); 130A‑5(5);

Eff. September 15, 1980;

Amended Eff. September 1, 1991; September 1, 1990.

 

SECTION .0500 ‑ RESERVED FOR FUTURE CODIFICATION

 

SECTION .0600 ‑ ASBESTOS HAZARD MANAGEMENT PROGRAM

 

10A NCAC 41C .0601       GENERAL

(a)  The definitions contained in G.S. 130A‑444 and

the following definitions shall apply throughout this Section:

(1)           "Abatement Designer" means a

person who is directly responsible for planning all phases of an asbestos

abatement design from abatement site preparation through complete disassembly

of all abatement area barriers.  In addition to meeting the accreditation

requirements of Rule .0602(c)(5) of this Section, the abatement designer may be

subject to the licensure requirements for a Registered Architect as defined in

G.S. 83A or a Professional Engineer as defined in G.S. 89C.

(2)           "Abatement Project Monitoring

Plan" means a written project‑specific plan for conducting visual

inspections and ambient and clearance air sampling.

(3)           "Air Monitor" means a person who

implements the abatement project monitoring plan, collects ambient and

clearance air samples, performs visual inspections, or monitors and evaluates

asbestos abatement projects.

(4)           "Asbestos Abatement Design" means

a written or graphic plan prepared by an accredited abatement designer

specifying how an asbestos abatement project will be performed, and includes,

but is not limited to, scope of work and technical specifications.  The

asbestos abatement designer's signature and accreditation number shall be on

all such abatement designs.

(5)           "Completion Date" means the date

on which all activities on a permitted asbestos removal requiring the use of

accredited workers and supervisors are complete, including the complete

disassembly of all removal area barriers.

(6)           "Emergency Renovation Operation"

as defined in 40 CFR Part 61.141 as adopted in Rule .0609 of this Section.

(7)           "Inspector" means a person who

examines buildings or structures for the presence of asbestos containing

materials, collects bulk samples or conducts physical assessments of the

asbestos containing materials. A person whose asbestos inspection activities

are limited to roofing products is not considered an inspector under this

definition if the person is accredited as a roofing supervisor under this

Section.

(8)           "Installation" means any building

or structure or group of buildings or structures at a single site under the

control of the same owner or operator.

(9)           "Management Planner" means a

person who interprets inspection reports, conducts hazard assessments of

asbestos containing materials or prepares written management plans.

(10)         "Nonscheduled Asbestos Removal"

means an asbestos removal required by the routine failure of equipment, which

is expected to occur within a given period based on past operating experience,

but for which an exact date cannot be predicted.

(11)         "Program" means the Health Hazards

Control Branch within the Division of Public Health.

(12)         "Public Area" means as defined in

G.S. 130A‑444(7).  Any area to which access by the general public is

usually prohibited, or is usually limited to access by escort only, shall not

constitute a "public area."

(13)         "Regulated Asbestos Containing

Material" as defined in 40 CFR Part 61.141 as adopted in Rule .0609 of

this Section.

(14)         "Start Date" means the date on

which activities on a permitted asbestos removal project requiring the use of

accredited workers and supervisors begin, including removal area isolation and

preparation or any other activity which may disturb asbestos containing

materials.

(15)         "Supervising Air Monitor" means a

person who prepares a written abatement project monitoring plan and implements

the plan or ensures that the plan is implemented by an air monitor working

under his supervision.  The supervising air monitor directs, coordinates and

approves all activities of air monitors working under his supervision.  The

supervising air monitor may also perform the duties of an air monitor.

(16)         "Supervisor" means a person who is

a "competent person" as defined in 29 CFR 1926.1101(b) and adopted by

13 NCAC 07F .0201 and amendments or recodifications as adopted by the North

Carolina Department of Labor, and who is an "on‑site representative"

as defined in 40 CFR Part 61.145(c)(8) as adopted in Rule .0609 of this

Section, and who performs the duties specified therein.

(17)         "Under the direct supervision"

means working under the immediate guidance of an accredited individual who is responsible

for all activities performed.

(18)         "Worker" means a person who

performs asbestos abatement under the direct supervision of an accredited

supervisor.

(19)         "Working day" means Monday through

Friday.  Holidays falling on any of these days are included in the definition.

(20)         "Class II Asbestos Work" means as

defined in 29 CFR 1926.1101(b) which is incorporated by reference in Paragraph

(c) of this Rule.

(21)         "Roofing Worker" means a person

whose duties regarding asbestos are limited to Class II asbestos work involving

the removal of roofing products that are classified as regulated asbestos

containing material.

(22)         "Roofing Supervisor" means a

supervisor as defined in Subparagraph (a)(16) of this Rule, whose duties

regarding asbestos are limited to Class II asbestos work involving only roofing

products that are classified as regulated asbestos containing material.  This

person may also perform asbestos roofing inspection activities which are

limited to roofing products, including the collection of bulk samples.

(23)         "Roofing Products" means

bituminous built-up roofing systems, roofing membranes, asphalt shingles,

cement shingles, roofing cements, mastics, coatings, panels, light weight

roofing concrete, and flashings.

(b)  Asbestos management activities conducted pursuant to

this Section shall comply with "AHERA" as defined in G.S. 130A‑444(1)

and 40 CFR Part 763, Subpart E and Appendices, as applicable.  40 CFR Part 763,

Subpart E is hereby incorporated by reference, including any subsequent

amendments and editions.  This document is available for inspection at the

Division of Public Health, 1915 Mail Service Center, Raleigh, North Carolina 27699-1915.  Copies may be obtained from the Government Printing Office by writing to the

Superintendent of Documents, Government Printing Office, PO Box 371954, Pittsburgh, PA 15250‑7954, at a cost of twenty‑six dollars ($26.00).

(c)  29 CFR 1926.1101 is hereby incorporated by reference,

including any subsequent amendments and editions.  This document is available

for inspection at the Division of Public Health, 1915 Mail Service Center, Raleigh, North Carolina 27699-1915.  Copies may be obtained from the

Government Printing Office by writing to the Superintendent of Documents,

Government Printing Office, PO Box 371954, Pittsburgh, PA 15250-7954, at a cost of twenty-six dollars ($26.00).

 

History Note:        Temporary Amendment Eff. November 8, 1994 for a period of 180 days or until the permanent rule becomes effective,

whichever is sooner;

Temporary Amendment Eff. November 1, 1989 for a period of 180 days to expire on April 30, 1990;

Temporary Rule Eff. October 28, 1988 for a period of 180 days to expire on April 26, 1989;

Authority G.S. 130A‑5(3); 130A‑451; P.L. 99‑519;

Eff. March 1, 1989;

Amended Eff. July 1, 1996; January 1, 1995; October 1, 1994; August 1, 1991; February 1, 1990.

 

10A NCAC 41C .0602       ACCREDITATION

(a)  No person shall perform asbestos management activities

until that person has been accredited by the Program in the appropriate

accreditation category, except as provided for in G.S. 130A‑447, (b) and

(c).

(b)  An applicant for accreditation shall meet the

provisions of the "EPA Model Contractor Accreditation Plan" contained

in 40 CFR Part 763, Subpart E, Appendix C and successfully complete applicable

training courses approved by the Program pursuant to Rule .0603 of this

Section.  However, an applicant applying for roofing worker or roofing

supervisor accreditation shall only be required to successfully complete the

applicable training courses as described under Rule .0611 of this Section.

(c)  In addition to the requirements in Paragraph (b) of

this Rule, an applicant, other than for the worker or roofing worker

categories, shall meet the following:

(1)           an applicant for initial accreditation

shall have successfully completed an approved initial training course for the

specific discipline within the 12 months immediately preceding application.  If

initial training was completed more than 12 months prior to application, the

applicant shall have successfully completed an approved refresher training

course for the specific discipline at least every 24 months from the date of

completion of initial training to the date of application;

(2)           an inspector shall have:

(A)          a high school diploma or equivalent; and

(B)          at least three months of asbestos related experience

as, or under the direct supervision of, an accredited inspector, or equivalent

experience;

(3)           a management planner shall have a high

school diploma or equivalent and shall be an accredited inspector;

(4)           a supervisor or roofing supervisor shall

have:

(A)          a high school diploma or equivalent; except that

this requirement shall not apply to supervisors that were accredited on

November 1, 1989, or roofing supervisors that were accredited prior to April 1,

1997; and

(B)          at least three months of asbestos related experience

as, or under the direct supervision of, an accredited supervisor, or equivalent

experience;

(5)           an abatement designer shall have:

(A)          a high school diploma or equivalent; and

(B)          at least three months of asbestos related experience

as, or under the direct supervision of, an accredited abatement designer, or

equivalent experience;

(6)           an air monitor shall work only under an

accredited supervising air monitor or meet the provisions of Part (c)(7)(C) of

this Rule.  However, this requirement shall not apply to the owner or operator

of a building and his permanent employees when performing air monitoring in non‑public

areas.  In addition, all air monitors shall meet the following requirements:

(A)          Education and Work Experience:

(i)            a high school diploma or equivalent;

(ii)           three months of asbestos air monitoring

experience as, or under the direct supervision of, an accredited air monitor or

equivalent within 12 months prior to applying for accreditation;

(B)          Training Requirements:

(i)            complete a Program approved NIOSH 582 or

Program approved NIOSH 582 equivalent and meet the initial and refresher

training requirements of this Rule for supervisors; Program approved project

monitor refresher course may be substituted for the supervisor refresher

course; or

(ii)           meet the initial and refresher training

requirements of this Rule for a Program approved five‑day project monitor

course and a Program approved annual refresher course;

(iii)          air monitors with a valid accreditation on October 1, 1994 shall have until October 1, 1995 to meet the training requirements for air

monitors set forth in this Paragraph;

(7)           a supervising air monitor shall meet the

following requirements:

(A)          Education and Work Experience:

(i)            a high school diploma or equivalent;

(ii)           three months of asbestos air monitoring

experience as, or under the direct supervision of, an accredited air monitor or

equivalent within 12 months prior to applying for accreditation;

(B)          Training Requirements:

(i)            complete a Program approved NIOSH 582 or

Program approved NIOSH 582 equivalent and meet the initial and refresher

training requirements of this Rule for supervisors; a Program approved project

monitor refresher course may be substituted for the supervisor refresher

course; or

(ii)           meet the initial and refresher training

requirements of this Rule for a Program approved five-day project monitor

course and a Program approved annual refresher course;

(iii)          supervising air monitors with a valid

accreditation on October 1, 1994 shall have until October 1, 1995 to meet the

training requirements for supervising air monitors set forth in this Paragraph;

(C)          Professional Status:

(i)            a supervising air monitor who was accredited as

an air monitor on or after February 1, 1991, or an air monitor accredited prior

to that date who has not continuously maintained accreditation, shall be a

Certified Industrial Hygienist;

(ii)           a supervising air monitor who was accredited as

an air monitor prior to February 1, 1991, who has continuously maintained

accreditation shall be a Certified Industrial Hygienist, Professional Engineer,

or Registered Architect;

(D)          Air monitors with a valid accreditation on January 1, 1995 supervising other accredited air monitors shall be deemed to be accredited

supervising air monitors for the duration of their existing air monitor

accreditation.

(d)  To obtain accreditation, the applicant shall submit, or

cause to be submitted, to the Program:

(1)           a completed application on a form provided

by the Program with the following information:

(A)          full name and social security number of applicant;

(B)          address, including city, state, zip code, and

telephone number;

(C)          date of birth, sex, height, and weight;

(D)          discipline applied for;

(E)           name, address, and telephone number of employer;

(F)           training agency attended;

(G)          name of training course completed;

(H)          dates of course attended;

(2)           two current 13 inch x 13 inch color

photographs of the applicant with applicant's name and social security number

printed on the back;

(3)           confirmation of completion of an approved

initial or refresher training course from the training agency; the confirmation

shall be in the form of an original certificate of completion of the approved

training course bearing the training agency's official seal, or an original

letter from the training agency confirming completion of the course on training

agency letterhead, or an original letter from the training agency listing names

of persons who have successfully completed the training course, with the

applicant's name included, on the training agency letterhead;

(4)           when education is a requirement, a copy of

the diploma or other written documentation;

(5)           when experience is a requirement, work

history documenting asbestos related experience, including employer name,

address and phone number; positions held; and dates when the positions were

held; and

(6)           when applicants for initial air monitor

accreditation are working under an accredited supervising air monitor pursuant

to Subparagraph (c)(6) of this Rule, the accredited supervising air monitor

shall submit an original, signed letter acknowledging responsibility for the

applicant's air monitoring activities.  The applicant shall ensure that a new

letter is submitted to the Program any time the information in the letter

currently on file is no longer accurate.

(e)  All accreditations shall expire at the end of the 12th

month following completion of required initial or refresher training.  Work

performed after the 12th month and prior to reaccreditation shall constitute a

violation of this Rule.  To be reaccredited, an applicant shall have

successfully completed the required refresher training course within 24 months

after the initial or refresher training course.  An applicant for

reaccreditation shall also submit information specified in Subparagraphs (d)(1)‑(d)(6)

of this Rule.  If a person fails to obtain the required training within 12

calendar months after the expiration date of accreditation, that person may be

accredited only by meeting the requirements of Paragraphs (b), (c), and (d) of

this Rule.

(f)  All accredited persons shall be assigned an

accreditation number and issued a photo‑identification card by the

Program.

(g)  In accordance with G.S. 130A‑23, the Program may

revoke accreditation or reaccreditation for any violation of G.S. 130A, Article

19 or the rules in this Section, or upon finding that its issuance was based

upon incorrect or inadequate information that materially affected the decision

to issue accreditation or reaccreditation.  The Program may also revoke

accreditation or reaccreditation upon a finding that the accredited person has

violated any requirement referenced in Rule .0605(e) of this Section.  A person

whose accreditation is revoked because of fraudulent misrepresentations or

because of violations that create a significant public health hazard shall not

reapply for accreditation before six months after the revocation and shall

repeat the initial training course and other requirements as set out in

Paragraphs (b), (c), and (d) of this Rule.

 

History Note:        Temporary Amendment Eff. November 8, 1994 for a period of 180 days or until the permanent rule becomes effective,

whichever is sooner;

Temporary Amendment Eff. November 1, 1989 for a period of 180 days to expire on April 30, 1990;

Temporary Rule Eff. October 28, 1988 for a period of 180 days to expire on

April 26, 1989;

Authority G.S. 130A‑5(3); 130A‑447; P.L. 99‑519;

Eff. March 1, 1989;

Amended Eff. July 1, 1996; January 1, 1995; October 1, 1994; August 1, 1991; February 1, 1990.

 

10A NCAC 41C .0603       APPROVAL OF TRAINING COURSES

(a)  Pursuant to Rule .0602 of this Section, applicants for

accreditation and reaccreditation are required to successfully complete

training courses approved by the Program.  Training courses:

(1)           Required or recommended by 40 CFR Part 763,

Subpart E, Appendix C and approved for a specific training provider by the

Environmental Protection Agency or by a state with an Environmental Protection

Agency‑approved accreditation program, or by a state that has a written

reciprocating agreement with the Program and meeting the requirements under

Paragraph (g) of this Rule shall be deemed approved by the Program unless

approval is suspended or revoked in accordance with Paragraph (I) of this Rule;

(2)           Required or recommended under 40 CFR Part

763, Subpart E, Appendix C and having no prior Program approval as specified in

Subparagraph (a)(1) of this Rule shall meet the requirements of 40 CFR Part

763, Subpart E, Appendix C, I and III, and this Rule; or

(3)           Other than those covered in Subparagraphs

(1) and (2) of this Paragraph which are required for North Carolina

accreditation purposes shall meet the requirements of this Rule.  Roofing

worker or roofing supervisor courses taught prior to the effective date of

these Rules and after August 10, 1994, that met the requirements of Rule .0611

of this Section shall be considered acceptable for accreditation purposes.

(b)  Refresher training courses shall review and discuss

changes in the Federal and State regulations, developments in the state‑of‑the‑art

procedures, and key aspects of the initial courses outlined under 40 CFR Part

763, Subpart E, Appendix C or Rule .0611 of this Section, as applicable.

(c)  At the completion of the refresher training courses in

all disciplines, the training provider shall administer a written closed book

examination, approved by the Program.  The requirements for the examination

shall consist of a minimum of 25 multiple choice questions.  For successful

completion of the course the applicant shall pass the exam with a minimum score

of 70 percent.

(d)  Training courses shall be evaluated to maintain

approval by the Program for course administration, course length, curriculum,

training methods, instructors' qualifications, instructors' teaching effectiveness,

technical accuracy of written materials and instruction, examination, and

training certificate.  The evaluation shall be conducted using 40 CFR Part 763,

Subpart E, Appendix C, Rules .0608 and .0611 of this Section, or NIOSH 582

curriculum, as applicable, which are hereby incorporated by reference,

including any subsequent amendments and editions.  These documents are

available for inspection at the Division of Public Health, 1915 Mail Service Center, Raleigh, North Carolina 27699-1915.  Copies of 40 CFR Part 763,

Subpart E, Appendix C may be obtained by writing to the Superintendent of

Documents, Government Printing Office, P.O. Box 371954, Pittsburgh, PA 15250‑7954, at a cost of twenty‑six dollars ($26.00).  Copies of the NIOSH

582 curriculum may be obtained by writing the Division of Public Health, 1915 Mail Service Center, Raleigh, North Carolina 27699-1915 at a cost of thirty‑five

dollars ($35.00).

(e)  Training course providers shall submit the following

for evaluation and approval by the Program:

(1)           a completed application on a form provided

by the Program, along with supporting documentation.  The form and supporting

documentation shall include the following:

(A)          name, address, and telephone number of the training

provider, and name and signature of the contact person;

(B)          course title, location and the language in which the

course is to be taught;

(C)          a student manual and an instructor manual for each

course and a content checklist that identifies and locates sections of the

manual where required topics are covered;

(D)          course agenda;

(E)           a copy or description of all audio/visual materials

used;

(F)           a description of each hands‑on training

activity;

(G)          a copy of a sample exam;

(H)          a sample certificate with the following information;

and

(i)            Name and social security number of student;

(ii)           Training course title specifying initial or

refresher;

(iii)          Inclusive dates of course and applicable

examination;

(iv)          Statement that the student completed the course

and passed any examination required;

(v)           Unique certificate number as required;

(vi)          For courses covered under 40 CFR Part 763,

Subpart E, Appendix C, certificate expiration date that is one year after the

date the course was completed and the applicable examination passed;

(vii)         Printed name and signature of the training

course administrator and printed name of the principal instructor;

(viii)        Name, address, and phone number of the training

provider;

(ix)          Training course location;

(x)           For courses required under 40 CFR Part 763,

Subpart E, Appendix C, a statement that the person receiving the certificate

has completed the requisite training for asbestos accreditation under Title II

of the Toxic Substances Control Act; and

(xi)          For training courses taught in languages other

than English, the certificate shall indicate the language of the course.

(I)            a list of training currently being provided.

(2)           A list of instructors and their

qualifications in accordance with Rule .0608 of this Section.

(f)  An application for course approval shall be processed

as follows:

(1)           The Program shall review the application

and supporting documentation submitted pursuant to Paragraph (e) of this Rule

and advise the applicant of any deficiencies;

(2)           If the submitted documentation meets all

applicable requirements of this Rule, the Program shall notify the applicant of

this and also advise the applicant that it may contact the Program to schedule

an on-site audit; of a training course taught in North Carolina; approval of

submitted documentation does not constitute course approval;

(3)           If the Program determines, as a result of

the audit, that the training course meets all applicable requirements of this

Rule, it shall issue course approval.  If the course does not meet these

requirements, the Program shall notify the applicant of the deficiencies and

advise that applicant that it may request one additional audit, which shall be

held no more than six months from the date of the first audit; a request for

audit after that time shall require a new application and fee;

(4)           If the Program determines, as the result of

the second audit, that the training course meets all applicable requirements of

this Rule, it shall issue course approval.  If the course does not meet all

these requirements, the Program shall notify the applicant of the deficiencies

and advise the applicant that it may not reapply for course approval for the

audited course for a period of six months from the date of the last audit;

(5)           The Program shall not accept certificates

pursuant to Rule .0602 of this Section for a training course that is not

approved or deemed approved pursuant to this Rule.

(g)  Training course providers shall perform the following

in order to maintain approval of all initial and refresher courses:

(1)           Issue a certificate of training meeting the

requirements of Part (e)(1)(H) of this Rule to any student who completes the

required training and passes the applicable examination.

(2)           Submit to the Program written notice of

intention to conduct a training course for North Carolina asbestos accreditation

purposes if the course is to be taught in North Carolina or if requested by the

Program.  Notices for training courses, except asbestos worker, shall be

postmarked or received 10 working days before the training course begins. 

Notices for asbestos worker training courses shall be postmarked or received

five working days before the training course begins.  If the training course is

canceled, the training course provider shall notify the Program at least one

working day prior to the scheduled start date.  Notification of intent to

conduct a training course shall be made using a form provided by the Program

and shall include the following:

(A)          Training provider name, address, phone number and

contact person;

(B)          Training course title;

(C)          Inclusive dates of course and applicable exam;

(D)          Start and completion times;

(E)           Identify whether the course is public offering,

contract training, or for the training provider's employees;

(F)           Location and directions to course facility;

(G)          Language in which the course is taught; and

(H)          Principal instructor.

(3)           Notify the Program, in writing, at least 10

working days prior to the scheduled course start date, of any changes to course

length, curriculum, training methods, training manual or materials, instructors,

examination, training certificate, training course administrator or contact

person.  The changes must be approved by the Program in order for the course to

be acceptable for accreditation purposes.

(4)           Submit to the Program information and

documentation for any course approved under Subparagraph (a) of this Rule if

requested by the Program.

(5)           Ensure that all instructors meet the

requirements of Rule .0608 of this Section and are approved by the Program.

(6)           Ensure that all training courses covered

under this Rule meet the following requirements:

(A)          All initial training courses shall have a maximum of

40 students;

(B)          A day of training shall include at least six and one‑half

hours of direct instruction, including classroom, hands‑on training or

field trips;

(C)          Regular employment and instruction time shall not

exceed 12 hours in a 24 hour period;

(D)          A training course shall be completed within a two‑week

period;

(E)           All instructors and students shall be fluent in the

language in which the course is being taught;

(F)           An interpreter shall not be used;

(G)          Upgrading worker accreditation to that of supervisor

by completing only one day of initial training is not permitted.  Separate

initial training as a supervisor is required;

(H)          A single instructor is allowed only for a worker

course.  Other initial disciplines shall have a minimum of two instructors;

(I)            Instructor ratio for hands‑on shall be no

more than 10 students per instructor;

(J)            All course materials shall be in the language in

which the course is being taught;

(K)          Each training course required by 40 CFR Part 763,

Subpart E, Appendix C, shall be discipline specific;

(L)           Students shall be allowed to take an examination no

more than twice for each course.  After two failures, the student shall retake

the full course before being allowed to retest; and

(M)         Training providers shall provide examination security

to prevent student access to the examination materials before and after the

exam.  Training providers shall take measures to preclude cheating during the

exam, such as providing space between students, prohibiting talking, and

monitoring students throughout the exam.

(7)           Verify, by photo identification, the

identity of any student requesting training.

(8)           For each course approved or deemed approved

by the Program under Paragraph (a) of this Rule and taught in North Carolina,

the training provider shall submit a completed renewal application on a form

provided by the Program.  Effective January 1, 1995, a renewal application shall be submitted prior to the next course offering and annually thereafter.  If

an annual training course renewal lapses, the provider shall submit a renewal

application prior to offering the course again in North Carolina.  Training

courses approved by the Program under Paragraph (f) of this Rule shall be

taught at least once every three years in North Carolina.

(9)           Training courses required or recommended

under 40 CFR Part 763, Subpart  E, Appendix C, shall meet the requirements

therein.

(10)         Work practice and worker protection demonstrations

and hands-on exercises, including, but not limited to respirator fit testing,

presented in all training courses covered under this Rule shall be conducted

following the procedures provided in 29 CFR 1926.1101 which is incorporated by

reference in Rule .0601(c) of this Section.

(h)  Training course providers shall permit Program

representatives to attend, evaluate and monitor any training course, take the

course examination and have access to records of training courses without

charge or hindrance to the Program for the purpose of evaluating compliance

with 40 CFR Part 763, Subpart E, Appendix C and these Rules.  The Program shall

perform periodic and unannounced on‑site audits of training courses.

(i)  In accordance with G.S. 130A‑23, the Program may

revoke approval for a training course for violation of this Rule and shall

revoke approval upon revocation of approval by the Environmental Protection

Agency or by any state with an Environmental Protection Agency‑approved

accreditation program.  A training provider whose approval has been revoked by

the Program shall not be eligible for reapproval for a period of one year from

the date of revocation.  The Program shall also revoke course approval for all

courses taught by a training provider upon a finding that the training course

provider has issued one or more certificates to an individual who did not

actually attend the course, either initial or refresher, and pass the

examination.  When course approval is revoked for improper issuance of certificates,

the training course provider shall not be eligible for reapproval for a period

of three years from the date of revocation.

 

History Note:        Temporary Amendment Eff. November 8, 1994 for a period of 180 days or until the permanent rule becomes effective,

whichever is sooner;

Temporary Rule Eff. November 1, 1989 for a period of 180 days to expire on April 30, 1989;

Authority G.S. 130A‑5(3); 130A‑447; P.L. 99‑519;

Eff. February 1, 1990;

Amended Eff. July 1, 1996; January 1, 1995; October 1, 1994; August 1, 1991.

 

10A NCAC 41C .0604       ASBESTOS MANAGEMENT PLANS

(a)  All Local Education Agencies as defined in 40 CFR Part

763, Subpart E shall submit Asbestos Management Plans for school buildings to

the Program on forms provided by the Program.  Asbestos Management Plans shall

meet the requirements contained in 40 CFR Part 763, Subpart E.

(b)  In addition to the requirements in Paragraph (a) of

this Rule, the management plan shall identify, locate, classify, quantify, and

assess asbestos containing building materials.

(c)  All Local Education Agencies shall submit to the

Program, within 120 days of the actual on‑site reinspection, the Asbestos

Hazard Emergency Response Act reinspection reports as required under 40 CFR

Part 763, Subpart E.  These reports shall be submitted on forms provided by the

Program.

(d)  All inspectors and management planners developing

management plans and reinspection reports under the Asbestos Hazard Emergency

Response Act shall comply with all requirements of 40 CFR Part 763, Subpart E

and the rules of this Section.

 

History Note:        Temporary Rule Eff. November 1, 1989 for

a period of 180 days to expire on April 30, 1990;

Authority G.S. 130A‑5(3); 130A‑445; P.L. 99‑519;

Eff. February 1, 1990;

Amended Eff. October 1, 1994; August 1, 1991.

 

10A NCAC 41C .0605       ASBESTOS CONTAINING MATERIALS REMOVAL

PERMITS

(a)  No person shall remove more than 35 cubic feet (1 cubic

meter), 160 square feet (15 square meters) or 260 linear feet (80 linear

meters) of regulated asbestos containing material, without a permit issued by

the Program.  This permitting requirement is applicable to:

(1)           individual removals that exceed the

threshold amounts addressed in this Paragraph;

(2)           nonscheduled asbestos removals conducted at

an installation that exceed the threshold amounts addressed in this Paragraph

in a calendar year of January 1 through December 31.  Other asbestos abatement

activities are exempt from the permit requirements of G.S. 130A‑449.

(b)  All applications shall be made on a form provided or

approved by the Program.  The application submittal shall include at least all

of the information specified under the notification requirements of 40 CFR Part

61.145(b), Subpart M as adopted in Rule .0609 of this Section.  Applications

for asbestos containing material removal permits shall adhere to the following

schedule.

(1)           Applications for individual asbestos

removals shall be postmarked or received by the Program at least 10 working

days prior to the scheduled removal start date.  For emergency renovation operations

involving asbestos removal, the 10 working days notice shall be waived.  An

application for a permit for the emergency renovation operation shall be

postmarked or received by the Program as early as possible before, but not

later than, the following working day.  Permit applications for emergency

renovation operations shall be accompanied by a letter from the owner or his

representative explaining the cause of the emergency;

(2)           Applications for nonscheduled asbestos

removals shall be postmarked or received by the Program at least 10 working

days before the start of the calendar year and shall expire on or before the

last day of the same calendar year.  Reports of the amount of regulated

asbestos containing material removed shall be made at least quarterly to the

Program.

(c)  Application for revision to an issued asbestos removal

permit shall be made by the applicant in writing on a form provided by the

Program and shall be received by the Program in accordance with the following:

(1)           Revision to a start date for a project that

will begin after the start date stated in the approved permit shall be received

on or before the previously stated start date or previously revised start date;

(2)           Revision to a start date for a project that

will begin before the start date stated in the approved permit shall be

received at least 10 working days before the new start date;

(3)           Revision to a completion date that will be

extended beyond the completion date stated in the approved permit shall be

received by the original or previously revised completion date;

(4)           Revision to a completion date that will be

earlier than the completion date stated in the approved permit shall be

received by the new completion date; and

(5)           Revisions to permits other than start or

completion dates shall be submitted to the Program prior to initiating the

activity which the revision addresses.

(d)  The following shall be maintained on site during

removal activities and be immediately available for review by the Program:

(1)           a copy of the removal permit issued by the

Program and all revisions with the Program's confirmation of receipt;

(2)           a copy of applicable asbestos abatement

design and project monitoring plan; and

(3)           photo identification cards issued by the

Program for all accredited personnel performing asbestos management activities.

(e)  All permitted removal activities shall be conducted in

accordance with 40 CFR Parts 61 and 763, Subpart E, where applicable.

(f)  All permitted removals shall be conducted under the

direct supervision of an accredited supervisor, except that permitted removals

of roofing products may be conducted under the direct supervision of an

accredited roofing supervisor.  The supervisor or roofing supervisor, as

applicable, shall be on‑site at all times when removal activities are

being performed.  For the purpose of this Rule, removal activities for roofing

products, means the tear off and disposal activities associated with these

products, and does not include the roof replacement.

(g)  An asbestos abatement design shall be prepared by an

accredited abatement designer for each individually permitted removal of more

than 3000 square feet (281 square meters), 1500 linear feet (462 meters) or 656

cubic feet (18 cubic meters), of regulated asbestos containing materials

conducted in public areas.

(h)  In accordance with G.S. 130A‑23, the Program may

suspend or revoke the permit for any violation of G.S. 130A, Article 19 or any

of the rules of this Section.  The Program may also revoke the permit upon a

finding that its issuance was based upon incorrect or inadequate information

that materially affected the decision to issue the permit.  Notwithstanding

permit suspension or revocation for violation of the rules of this Section, an

asbestos removal permit shall also be subject to suspension or revocation if

the removal activities are in violation of the following provisions with regard

to asbestos abatement, as determined by the agencies which administer these

Rules:

(1)           Department of Labor rules found at Chapter

7, Title 13 of the North Carolina Administrative Code;

(2)           Department of Transportation rules found at

Title 19A, of the North Carolina Administrative Code;

(3)           Solid Waste Management rules found at

Chapter 13, Title 15A of the North Carolina Administrative Code.

(i)  All waste shipment records shall be submitted to the

Program by the building owner or a representative of the owner for all asbestos

removal projects permitted under this Rule.  This submittal shall be made on a

form provided or approved by the Program.  This form shall include at least all

of the information specified under the waste shipment record requirements of 40

CFR Part 61, Subpart M, Section 61.150(d) as adopted in Rule .0609 of this

Section.

(j)  The following schedule shall be adhered to in the

submittal of waste shipment records:

(1)           For individually permitted asbestos

removals, the waste shipment records shall be postmarked or received by the

Program within 45 days from the completion date provided on the permit; and

(2)           For nonscheduled asbestos removals, the

waste shipment records shall be postmarked or received by the Program within 30

days after the end of each quarter.

 

History Note:        Temporary Amendment Eff. November 8, 1994 for a period of 180 days or until the permanent rule becomes effective,

whichever is sooner;

Temporary Rule Eff. November 1, 1989 for a period of 180

days to expire on April 30, 1990;

Authority G.S. 130A‑5(3); 130A‑449; P.L. 99‑519;

Eff. February 1, 1990;

Amended Eff. July 1, 1996; January 1, 1995; October 1,

1994; August 1, 1991.

 

10A NCAC 41C .0606       FEES

(a)  The fee required by G.S. 130A‑450 shall be

submitted with an application for the asbestos containing material removal

permit.  The fees shall be as follows:

(1)           Fees for the removal of floor tiles,

cementitious asbestos containing wallboard or panels and asbestos containing

roofing material shall be one percent of the contract price or ten cents

($0.10) per square foot, whichever is greater;

(2)           Fees for the removal of ceiling tiles shall

be one percent of the contract price or ten cents ($0.10) per square foot,

whichever is greater;

(3)           Fees for the removal of surfacing material,

thermal system insulation and other asbestos containing materials shall be one

percent of the contract price or twenty cents ($0.20) per square or linear

foot, whichever is greater;

(4)           Fees for demolition shall be a maximum of

three hundred dollars ($300.00).  Demolition, for the purposes of this Rule

only, means the act of razing a building or structure, or portion thereof, to

the ground.  Removal of regulated asbestos containing material from any

undemolished portion of a building or structure shall be permitted as an

individual asbestos removal; and

(5)           An owner of any single family dwelling in

which the owner resides or will reside after the asbestos removal is complete

is exempt from permit fees.  A permit shall not be issued until the required

fee is paid.

(b)  The fee required by G.S. 130A‑448(a) shall be

submitted with an application for accreditation or reaccreditation.  The amount

of the fee shall be one hundred dollars ($100.00) for each category, except

that the fee for persons applying for accreditation or reaccreditation as

workers or roofing workers shall be twenty‑five dollars ($25.00). 

However, if a person applies for accreditation or reaccreditation in more than

one category per calendar year, the amount of the fee shall be one hundred

dollars ($100.00) for accreditation or reaccreditation in the first category

and seventy‑five ($75.00) for accreditation or reaccreditation in each remaining

category, except for workers.  A person shall not be accredited or reaccredited

until the required fee is paid.

(c)  The fees required by G.S. 130A-448(b) shall be

submitted with the application for each initial course approval and each

renewal course approval.  The amount of the fee shall be one thousand five

hundred dollars ($1,500.00) for each initial course approval and two hundred

dollars ($200.00) for each renewal course approval.

 

History Note:        Temporary Amendment Eff. November 8, 1994 for a period of 180 days or until the permanent rule becomes effective,

whichever is sooner;

Temporary Rule Eff. November 1, 1989 for a period of 180 days to expire on April 30, 1990;

Authority G.S. 130A‑5(3); 130A‑448(a); 130A‑448(b);

130A‑450; P.L. 99‑519;

Eff. February 1, 1990;

Amended Eff. July 1, 1996; January 1, 1995; October 1, 1994; August 1, 1991.

 

10A NCAC 41C .0607       ASBESTOS EXPOSURE STANDARD FOR PUBLIC

AREAS

(a)  The maximum allowable ambient asbestos level in the air

for public areas shall be:

(1)           0.01 fibers per cubic centimeter as

analyzed by phase contrast microscopy, or

(2)           arithmetic mean of less than or equal to 70

structures per millimeter square as analyzed by transmission electron

microscopy, or

(3)           a Z‑Test result that is less than or

equal to 1.65 as analyzed by transmission electron microscopy.

(b)  For individually permitted asbestos removals, ambient

air sampling shall be conducted in public areas adjacent to the work area. 

Initial sampling shall be conducted on the day that regulated asbestos

containing material removal begins.  The sampling shall continue on a daily

basis unless, or until, the supervising air monitor specifies differently. 

Potential public asbestos exposure shall be considered when determining the

frequency and location of the sampling.

(c)  Clearance air sampling shall be conducted in accordance

with Paragraphs (d) and (e) of this Rule for all individually permitted

asbestos removal projects conducted in public areas.  Clearance air samples

shall be analyzed by:

(1)           transmission electron microscopy and comply

with the levels specified under Subparagraph (a)(2) or (a)(3) of this Rule for

each individually permitted removal of more than 3000 square feet (281 square

meters), 1500 linear feet (462 meters), or 656 cubic feet (18 cubic meters) of

regulated asbestos containing material; or

(2)           transmission electron microscopy or phase

contrast microscopy and comply with the levels specified in Paragraph (a) of

this Rule for all other permitted asbestos removals, including asbestos

removals exceeding threshold amounts stipulated in Subparagraph (c)(1) of this

Rule in buildings scheduled for demolition.  Demolition, for the purposes of

this Rule, means as defined in Rule .0606(a)(4) of this Section.

(d)  Phase contrast microscopy and transmission electron

microscopy sampling and analysis methods shall be conducted in accordance with

40 CFR Part 763, Subpart E.

(e)  Sample analysis for phase contrast microscopy or

transmission electron microscopy samples shall be performed by a laboratory

meeting the requirements of P.L. 99‑519 and 40 CFR 763 and accompanying

appendices.  Laboratories performing phase contrast microscopy analysis

pursuant to this Rule shall have a rating of proficient by the American

Industrial Hygiene Association's Proficiency Analytical Testing Program. 

Individuals performing phase contrast microscopy analysis at the asbestos

removal location shall be rated proficient in the American Industrial Hygiene

Association's Asbestos Analysts Registry Program.  If all microscopists in a

particular laboratory performing phase contrast microscopy analysis are rated

as proficient by the Asbestos Analysts Registry Program, enrollment and

proficiency in the Proficiency Analytical Testing Program is not required.

(f)  A final visual inspection shall be conducted by an

accredited air monitor or an accredited supervising air monitor for all

permitted asbestos removals conducted in public areas.  This visual inspection

shall be conducted prior to clearance air sampling.  The final visual

inspection shall assure that all asbestos containing residue, dust, and debris

and asbestos contaminated equipment has been removed.

(g)  Any person performing ambient or clearance air sampling

or visual inspection during an asbestos removal as specified under Paragraphs

(b), (c), and (f) of this Rule shall be retained by the building owner.  Neither

the accredited supervising air monitor nor accredited air monitor shall be

employed by the contractor hired to conduct the asbestos removal except that:

(1)           this restriction in no way applies to

personal samples taken to evaluate worker exposure as required by Occupational

Safety and Health Act; and

(2)           this restriction shall not apply when the

contractor and air monitor have disclosed their association to the building

owner and the building owner approves this association in writing.

(h)  For air sampling and visual inspections conducted under

Paragraphs (b), (c), and (f) of this Rule, the supervising air monitor shall:

(1)           Prepare, prior to the removal start date,

an abatement project monitoring plan which takes into consideration at least

the abatement project scope of work, building use, occupant locations and their

potential for exposure to airborne asbestos fibers, type of asbestos containing

material, and the asbestos abatement design, including work practices and

engineering controls.  The plan shall include air sampling procedures, air

sample locations and air sampling frequency.  This sampling plan may be amended

by the supervising air monitor as needed.  This requirement shall apply to each

individually permitted removal of more than 3000 square feet (281 square

meters), 1500 linear feet (462 meters), or 656 cubic feet (18 cubic meters) of

regulated asbestos containing materials;

(2)           Ensure that ambient air sampling results

shall be available on‑site:

(A)          within 24 hours of sample collection and analysis by

phase contrast microscopy;

(B)          within 48 hours of sample collection and analysis by

transmission electron microscopy;

(3)           Personally inspect any individually

permitted asbestos removal project:

(A)          that exceeds 10 working days in length, but does not

exceed 30 working days, at least once; or

(B)          that exceeds 30 working days in length, at least

once in the first 30 working days and at least once every 30 working days

thereafter;

(4)           Prepare a written, signed and dated report

documenting all site visits made to the removal, final visual inspection, and

all ambient and clearance air sampling conducted.  This report shall be

supplied by the supervising air monitor to the building owner.  The building

owner shall supply a copy of the report to the Program upon request.

 

History Note:        Temporary Amendment Eff. November 8, 1994 for a period of 180 days or until the permanent rule becomes effective,

whichever is sooner;

Temporary Rule Eff. November 1, 1989 for a period of 180

days to expire on April 30, 1990;

Authority G.S. 130A‑5(3); 130A‑446; P.L. 99‑519;

Eff. February 1, 1990;

Amended Eff. July 1, 1996; January 1, 1995; October 1, 1994; August 1, 1991.

 

10A NCAC 41C .0608       TRAINING COURSE INSTRUCTOR

QUALIFICATIONS

(a)  Any person seeking approval as an instructor for

courses covered under 40 CFR Part 763, Subpart E, Appendix C, Rule .0603(a)(3)

and .0611 of this Section shall meet the applicable requirements listed in this

Rule.

(b)  All training course providers shall submit, or cause to

be submitted, to the Program the following:

(1)           a completed application on a form provided

by the Program with the following information:

(A)          name, address, and telephone number of the

applicant;

(B)          name, address and telephone number of the training

provider that is employing the applicant;

(2)           when training course completion is a

requirement, confirmation of completion of an approved training course; the

confirmation shall be in the form of an original certificate of completion of

the approved training course or the following information: the course title,

dates of instruction, names of instructors, name, address and telephone number

of the training provider;

(3)           when education is a requirement, a copy of

the diploma or other written documentation;

(4)           when work experience is a requirement,

documentation of relevant work history, including employer name, address and

telephone number, positions held, dates when positions were held, and copies of

any licenses, registrations, certifications or accreditations that are relevant

to the subject matter to be taught; and

(5)           when experience as an instructor is a

requirement, documentation of relevant instructional experience including name

of training courses taught, topics taught for each course, inclusive dates of

each training course, and name, address and telephone number of each training

organization for which experience is claimed.

(c)  Work practice topics for each shall include:

(1)           for the worker and roofing worker courses:

state‑of‑the‑art work practices;

(2)           for the supervisor and roofing supervisor

courses: state‑of‑the‑art work practices, and techniques for

asbestos abatement activities;

(3)           for the inspector course: pre‑inspection

planning and review of previous inspection records, inspecting for friable and

nonfriable asbestos containing materials and assessing the condition of friable

asbestos containing materials, bulk sampling/documentation of asbestos in schools,

recordkeeping and writing inspection reports;

(4)           for the management planner course:

evaluation/interpretation of survey results, hazard assessment, developing an

operations and maintenance plan, recordkeeping for the management planner, and

assembling and submitting the management plan;

(5)           for the abatement designer course: safety

system design specifications, designing abatement solutions, budgeting/cost

estimation, writing abatement specifications, preparing abatement drawings and

occupied buildings; and

(6)           for the project monitor course: asbestos

abatement contracts, specifications and drawings, response actions and

abatement practices, air monitoring strategies, conducting visual inspections,

and recordkeeping and report writing.

(d)  Instructors for work practice topics, hands‑on

exercises, workshops, or field trips where required for courses covered under

40 CFR Part 763, Subpart E, Appendix C shall meet the following requirements as

applicable:

(1)           For the worker initial and refresher and

the supervisor initial and refresher courses:

(A)          the applicant shall have successfully completed the

initial and subsequent refresher training course requirements for supervisor;

and

(B)          the applicant shall meet at least one of the

following education and asbestos work experience combinations:

(i)            If the applicant does not possess either a high

school diploma or equivalent, the applicant shall:

(I)            have at least 1440 hours experience in a

worker or supervisory capacity in a contained work area; and

(II)          have at least 360 hours as an instructor in

an Environmental Protection Agency‑approved or Environmental Protection

Agency state approved worker course.

(ii)           If the applicant possesses either a high school

diploma or equivalent, the applicant shall:

(I)            have at least 960 hours experience in a

worker, supervisory, or consulting capacity in a contained work area; or

(II)          have at least 240 hours as an instructor in

an Environmental Protection Agency‑approved or Environmental Protection

Agency state approved asbestos worker or supervisor course or other

occupational safety and health or environmental courses required to meet

federal and state regulations.

(iii)          If the applicant possesses at least an

associate degree from a regionally accredited college or university, the

applicant shall:

(I)            have at least 480 hours experience in a

worker, supervisory, or consulting capacity in a contained area; or

(II)          have at least 120 hours as an instructor in

an Environmental Protection Agency‑approved or Environmental Protection Agency

state approved asbestos worker or supervisor course or other occupational

safety and health or environmental courses required to meet federal and state

regulations.

(2)           For the inspector initial and refresher

courses:

(A)          the applicant shall have successfully completed the

initial and subsequent refresher training course requirements for inspector;

and

(B)          the applicant shall meet at least one of the

following education and asbestos work experience combinations:

(i)            If the applicant possesses either a high school

diploma or equivalent, the applicant shall:

(I)            have documented experience, including

asbestos inspections in at least 1,000,000 square feet of building space in the

past three years; or

(II)          have at least 60 hours as an instructor in an

Environmental Protection Agency‑approved or Environmental Protection

Agency state approved inspector course or other occupational safety and health

or environmental courses required to meet federal and state regulations.

(ii)           If the applicant possesses at least an

associate degree from a regionally accredited college or university, the

applicant shall:

(I)            have documented experience, including

asbestos inspections in at least 500,000 square feet of building space in the

past three years; or

(II)          have at least 40 hours as an instructor in an

Environmental Protection Agency‑approved or Environmental Protection

Agency state approved inspector course or other occupational safety and health

and environmental courses required to meet federal and state regulations.

(3)           For the management planner initial and

refresher courses:

(A)          the applicant shall have successfully completed the

initial and subsequent refresher training course requirements for management

planner; and

(B)          the applicant shall meet at least one of the following

education and asbestos work experience combinations:

(i)            If the applicant possesses either a high school

diploma or equivalent, the applicant shall:

(I)            have documented management planning

experience showing at least 25 management plans or reinspection reports written

in the past three years, or documented experience as the management consultant

for at least 25 asbestos projects in the past three years, or a combination of

management plans and projects managed; or

(II)          have at least 48 hours as an instructor in an

Environmental Protection Agency‑approved or Environmental Protection

Agency state approved management planner course or other occupational safety

and health or environmental courses required to meet federal and state

regulations.

(ii)           If the applicant possesses at least an

associate degree from a regionally accredited college or university, the

applicant shall:

(I)            have documented management planning

experience showing at least 12 management plans or reinspection reports written

in the past three years, or documented experience as the management consultant

for at least 12 asbestos projects in the past three years, or a combination of

management plans and projects managed; or

(II)          have at least 32 hours as an instructor in an

Environmental Protection Agency‑approved or Environmental Protection

Agency state approved management planner course or other occupational safety

and health or environmental courses required to meet federal and state

regulations.

(4)           For the project designer initial and refresher

courses:

(A)          the applicant shall have successfully completed the

initial and subsequent refresher training course requirements for abatement

project designer; and

(B)          the applicant shall meet at least one of the

following education and asbestos work experience combinations:

(i)            If the applicant possesses either a high school

diploma or equivalent, the applicant shall:

(I)            have documented asbestos abatement project

design experience including the design of at least 12 asbestos projects in the

past three years; or

(II)          have at least 30 hours as an instructor in an

Environmental Protection Agency‑approved or Environmental Protection

Agency state approved abatement project designer course or other occupational

safety and health and environmental courses required to meet federal and state

regulations.

(ii)           If the applicant possesses at least an

associate degree from a regionally accredited college or university, the

applicant shall:

(I)            have documented asbestos abatement project

design experience, including the design of at least six asbestos projects in

the past three years; or

(II)          have at least 20 hours as an instructor in an

Environmental Protection Agency‑approved or Environmental Protection

Agency state approved abatement project designer course or other occupational

safety and health and environmental courses required to meet federal and state

regulations.

(5)           For the project monitor initial and

refresher courses:

(A)          the applicant shall meet the qualifications for

project designer instructor under Subparagraph (d)(4) of this Rule or the

qualifications for supervisor instructor under Subparagraph (d)(1) of this Rule

to teach the work practice topics of asbestos abatement contracts,

specifications and drawings or response action and abatement practices;

(B)          the applicant for work practice topics of air

monitoring strategies, conducting visual inspections, and recordkeeping and

report writing shall:

(i)            possess either a high school diploma or

equivalent;

(ii)           successfully complete a NIOSH 582 course or Program

approved equivalent, or a Program approved project monitor course; and

(iii)          have documented asbestos air monitoring

experience on at least six asbestos removals.

(6)           All instructors approved under Paragraph

(d) of this Rule shall take a refresher training in at least one discipline

from a training provider other than their employer every other year.

(e)  Instructors who teach one or more segments of a

training course covered under 40 CFR Part 763, Subpart E, Appendix C, Rule

.0603(a) or Rule .0611 of this Section (other than work practice topics,

hands-on exercises, workshops, or field trips) shall meet the following

requirements:

(1)           be actively working in the field of

expertise in which training is conducted; and

(2)           have a minimum of a high school diploma or

equivalent.

(f)  Instructors for a Program approved NIOSH 582 or Program

approved equivalent shall meet the following requirements:

(1)           have a high school diploma or equivalent;

(2)           attend the National Institute for

Occupational Safety and Health's NIOSH 582 training course or a Program

approved equivalent course; and

(3)           for teaching the NIOSH 7400 Method, have at

least three months work experience as a microscopist performing analysis using

the NIOSH 7400 Method.

(g)  Instructors who teach work practice or hands-on topics

in Program approved roofing worker or roofing supervisor initial or refresher

courses shall meet the following requirements:

(1)           have a high school diploma or equivalent;

(2)           successfully complete either an initial

asbestos supervisor or initial asbestos roofing supervisor course, and

subsequent annual refreshers courses;

(3)           successfully complete an initial asbestos

inspector course; and

(4)           have at least three months' experience as a

roofing supervisor or foreman or asbestos supervisor.

 

History Note:        Authority G.S. 130A‑447; P.L. 99‑519;

Eff. October 1, 1994;

Amended Eff. July 1, 1996.

 

10A NCAC 41C .0609       ASBESTOS NESHAP FOR RENOVATIONS AND

DEMOLITIONS

(a)  Each owner or operator of a renovation or demolition

activity, as defined in 40 CFR 61.141, shall comply with all applicable

requirements of the Asbestos National Emission Standards for Hazardous Air

Pollutants (NESHAP) for renovations and demolitions as found in 40 CFR Part 61,

Subparts A and M.  40 CFR Part 61, Subparts A and M are hereby incorporated by

reference, including any subsequent amendments and editions.  This document is

available for inspection at the Division of Public Health, 1915 Mail Service Center, Raleigh, North Carolina 27699-1915.  Copies may be obtained free of

charge by writing the Division of Public Health, 1915 Mail Service Center,

Raleigh, North Carolina 27699-1915.

(b)  All reports, applications, submittals, and other

communications required to be submitted under Paragraph (a) of this Rule shall

be submitted to the Director, Division of Epidemiology, rather than to the

Environmental Protection Agency, except that such asbestos NESHAP documents

pertaining to renovations and demolitions within local air pollution program

jurisdictions shall be submitted to the local program.

 

History Note:        Temporary Adoption Eff. November 8, 1994 for a period of 180 days or until the permanent rule becomes effective,

whichever is sooner;

Authority G.S. 130A-451;

Eff. January 1, 1995;

Amended Eff. July 1, 1996.

 

10A NCAC 41C .0610       LOCAL AIR POLLUTION PROGRAMS

The Department shall authorize local air pollution programs

certified as of October 1, 1994, pursuant to G.S. 143-215.112 to enforce the

asbestos NESHAP for renovations and demolitions so long as the local program

maintains its certification pursuant to G.S. 143-215.112.

 

History Note:        Temporary Adoption Eff. November 8, 1994

for a period of 180 days or until the permanent rule becomes effective,

whichever is sooner;

Authority G.S. 130A-452;

Eff. January 1, 1995.

 

10A NCAC 41C .0611       REQUIREMENTS FOR ASBESTOS ROOFING

TRAINING COURSES

(a)  Pursuant to Rule .0602 of this Section, applicants for

accreditation and reaccreditation as a roofing worker or roofing supervisor are

required to successfully complete a training course approved by the Program

under this Rule.  Initial and refresher training courses for roofing workers

and roofing supervisors shall meet requirements of this Rule and Rule .0603 of

this Section.

(b)  Initial training courses for roofing workers shall be

at least one day in length and cover the following topics:

(1)           Physical characteristics of asbestos,

including the identification of asbestos, the aerodynamic characteristics, and

the typical uses of asbestos in roofing materials;

(2)           Health effects related to asbestos

exposure, including the nature of asbestos related diseases, the routes of

exposures, the dose-response relationship, the lack of a safe exposure level,

the latency period, cigarette smoking and asbestos exposure, medical

surveillance programs, and information on smoking cessation programs;

(3)           State-of-the art work practices, including

proper work techniques to minimize fiber release, removal procedures for cement

roofing products versus built-up roofing products, discussion of prohibited

work practices, wetting, hand tools, power tools, HEPA vacuumed tools, waste

disposal procedures, and controlling access to work areas;

(4)           Personal protection equipment, including

the classes and characteristics of respirator types, limitations, proper selection,

inspection, donning, use and storage procedures for respirators, fit testing,

components of a proper respiratory protection program, selection and use and

storage of non-disposable clothing, hard hats, safety glasses, and non-slip

shoes;

(5)           Personal hygiene, including entry and exit

procedure for the work area,  avoidance of eating, smoking, and chewing in the

work area, and potential exposures, such as family exposures;

(6)           Safety practices and hazard prevention

during removal of roofing materials and emergency procedures, including hazards

posed by wet working conditions, electrical hazards, slips, trips, heat/cold

stress, falls, and scaffold and ladder hazards; and

(7)           Review of state, federal, and local rules

and regulations, including, an overview of the asbestos regulations under the

National Emission Standards for Hazardous Air Pollutants (40 CFR Part 61,

Subpart M), Occupational Safety and Health Act (29 CFR 1926.1101), these Rules,

and other pertinent rules and regulations.

(c)  Initial training courses for roofing supervisors shall

be at least two days in length and cover the topics under Paragraph (b) of this

Rule.  The following additional topics shall be covered in roofing supervisor

courses:

(1)           Discussion of the competent person duties

required by the Occupational Safety and Health Act, Asbestos Construction

Standard, 29 CFR 1926.1101(o), as adopted by 13 NCAC 7F .0201 and amendment or

recodification as adopted by the North Carolina Department of Labor;

(2)           Pre-work activities and considerations,

including the determination of asbestos containing roofing products, bulk

sampling procedures, analytical methods, inspection reports, and air monitoring

procedures;

(3)           Assessment of the work area, including

isolation of the work area, considerations if the work area is adjacent to an

occupied area, and items requiring special protection;

(4)           Site considerations and preparations,

designating the regulated areas, setting up the barricade, and warning signs;

and

(5)           Supervisory techniques, including worker

training, housekeeping, recordkeeping, and documentation requirements.

(d)  The state-of-the-art work practice topics shall include

a segment of hands-on activities, which allows the students an opportunity to

use and handle equipment found on asbestos roofing projects.  The hands-on

activities shall be a minimum of two hours for the roofing worker course and

four hours for roofing supervisor course.

(e)  The refresher training course for roofing workers shall

be at least one-half day and for the roofing supervisor course shall be at

least one day in length.  These courses shall review and discuss changes in the

Federal and State regulations, developments in the state-of-the-art work

procedures, and key aspects of the initial courses as provided in Paragraphs

(b) and (c) this Rule.

(f)  At the completion of the initial roofing worker and

roofing supervisor course the training provider shall administer a written

closed book examination, approved by the Program.  The examination shall be in

multiple choice format, with a minimum of 50 questions for the roofing

supervisor course and 25 questions for the roofing worker course.  For

successful completion of the course, the student shall pass the examination

with a minimum score of 70 percent.  The refresher training course examination

for these disciplines shall meet the requirements of Rule .0603(c) of this

Section.

 

History Note:        Authority G.S. 130A-447;

Eff. July 1, 1996.

 

SECTION .0700 ‑ OCCUPATIONAL HEALTH SURVEILLANCE

 

10A NCAC 41C .0701       DEFINITION

"Elevated blood lead level" means a blood lead of

40 ug/dL or greater.

 

History Note:        Authority G.S. 130A‑455;

Eff. January 4, 1994.

 

10A NCAC 41C .0702       REPORTABLE DISEASES, ILLNESSES, AND

INJURIES

(a)  The following named diseases, illnesses, and injuries

are declared to be dangerous to the public health and are hereby made

reportable within the time period specified after the disease, illness, and

injury is diagnosed:

(1)           asbestosis ‑ 15 working days;

(2)           silicosis ‑ 15 working days;

(3)           elevated blood lead levels for adults aged

18 years of age and above ‑ 15 working days;

(4)           serious and preventable injuries caused by

tractors, farm equipment, or farm machinery that occur while working on a farm ‑

15 working days.

(b)  All laboratories providing diagnostic service in North Carolina shall report to the Occupational Health Section elevated blood lead levels

for adults aged 18 years of age and above.

(c)  Physicians are not required to report elevated blood

lead levels for adults aged 18 years of age and above when a laboratory

providing diagnostic service in North Carolina reports elevated blood lead

levels.

 

History Note:        Authority G.S. 130A‑455; 130A‑456;

130A‑457; 130A‑458;

Eff. January 4, 1994.

 

10A NCAC 41C .0703       METHOD OF REPORTING

(a)  When a physician makes a report of a disease, illness,

injury, or elevated blood lead level for adults aged 18 years of age and above

pursuant to G.S. 130A‑456 or a medical facility makes such a report

pursuant to G.S. 130A‑457, the report shall be made to the Occupational

Health Section as follows:

(1)           The report shall be made on the

surveillance forms provided by or approved by the Occupational Health Section

and shall include the following information:

(A)          The name, address, telephone number, date of birth,

social security number, race, gender, and job title of the person;

(B)          The name, address, telephone number, and type of

business of the person's employer;

(C)          The name of the disease, illness, or injury being

reported; and

(D)          The name, address, and telephone number of the

physician, laboratory, or medical facility.

(2)           Surveillance forms are available from the

SENSOR Program, Division of Public Health, 1915 Mail Service Center, Raleigh,

North Carolina 27699-1915.

(b)  When a laboratory providing diagnostic service in North

Carolina reports laboratory findings related to occupational disease or illness

pursuant to G.S. 130A‑458, the report shall include:

(1)           the specimen collection date;

(2)           the person's name, age, gender, race, and

social security number;

(3)           the submitting physician/employer name,

address, and telephone number; and

(4)           the name, address, and telephone number of

the laboratory.

 

History Note:        Authority G.S. 130A‑455; 130A‑458;

Eff. January 4, 1994.

 

SECTION .0800 - LEAD-BASED

PAINT HAZARD MANAGEMENT PROGRAM

 

10a ncac 41c .0801       GENERAL

(a)  In addition to the definitions found in 40 CFR Part 745

Subpart D and Subpart L, the following definitions shall apply throughout this

Section:

(1)           "Accredited training course"

means a lead training course accredited by the Program.

(2)           "Accredited training provider"

means a training provider who is accredited by the Program, and who provides

accredited training courses.

(3)           "Design" means a written or

graphic plan prepared by a certified project designer specifying how an

abatement project will be performed, and includes, but is not limited to, scope

of work and technical specifications.  The certified project designer's

signature and certification number shall be on all such abatement designs.

(4)           "Emergency Lead-Based Paint

Abatement" means abatement conducted to remediate a lead-based paint

hazard which has been determined by a certified risk assessor and the Program

to be an imminent lead-based paint hazard to building occupants in a child

occupied facility.

(5)           "Immediate family" means an

individual’s family members limited to spouse, parents, siblings, grandparents,

children, and grandchildren.

(6)           "Occupant Protection Plan" means

a written plan which describes the measures and management procedures that will

be taken during abatement to protect building occupants from exposure to

lead-based paint hazards.  The plan shall be unique to each residential

dwelling or child-occupied facility.  For projects less than five units, the

plan shall be prepared by a certified supervisor or project designer.  For

projects with five or more units, the plan shall be prepared by a certified

project designer.  The plan shall include the preparer's signature and

certification number.

(7)           "Program" means the Lead-Based

Paint Hazard Management Program within the Division of Public Health.

(8)           "Start date" means the date on

which activities begin on a permitted lead abatement project requiring the use

of certified individuals, including the abatement area isolation and

preparation or any other activity which may disturb lead-based paint.

(9)           "Working day" means Monday

through Friday.  Holidays falling on any of these days are working days.

(10)         "Certified Industrial Hygienist” means

a person who has met the education, experience, and examination requirements

established by the American Board of Industrial Hygiene for certified

industrial hygienists and whose certification has not been revoked by that

organization.

(b)  Lead-Based

Paint Activities, 40 CFR Part 745 Subpart D and Subpart L, is

hereby incorporated by reference, including any subsequent amendments and

editions.  This document is available for inspection at the Division of Public

Health, 1915 Mail Service Center, Raleigh, North Carolina 27699-1915.  A copy of this document may be obtained in writing from the US Government

Bookstore, 999 Peachtree Street, Suite 120, Atlanta, GA, at a cost of fifty

five dollars ($55.00).

 

History Note:        Authority G.S. 130A-453.01; 130A-453.11;

150B-21.1(a)(3);

Temporary Adoption Eff. July 7, 1997;

Eff. July 1 1998;

Temporary Amendment Eff. May 17, 2002;

Amended Eff. April 1, 2003.

 

10A NCAC 41C .0802       CERTIFICATION OF INDIVIDUALS

(a)  No person shall perform lead-based paint activities

until that person has been certified by the Program in the appropriate

certification category, except as provided for in G.S. 130A-453.03(b).

(b)  An applicant for certification shall successfully

complete applicable training courses accredited by the Program or accredited by

a state, tribe, or territory that has a written reciprocating agreement with

the Program, and shall successfully complete the examination specified in Rule

.0804 of this Section.  Successful completion includes attendance of at least

95 percent of the course, passing the course exam with a minimum score of 70%

and passing the hands-on skills assessment.  An applicant for initial

certification shall have successfully completed an accredited initial training

course for a specific discipline within the 12 months immediately preceding

application.  If initial training was completed more than 12 months prior to

application, the applicant shall have successfully completed an accredited

refresher course for the specific discipline at least every 24 months from the

date of completion of initial training and within 12 months prior to applying

for certification.  However, an applicant who completed training prior to the

effective date of this Rule and applies for certification prior to December 31, 1998, shall meet the following requirements:

(1)           Training taken prior to July 1, 1995, shall

be recognized for certification if the applicant has completed a refresher

course at least every 24 months from the date of initial training; if the

applicant has not attended a refresher course at least every 24 months from the

date of initial training, the applicant shall complete an accredited initial

training course; or

(2)           Applicants for certification who have

successfully completed an initial training course for a specific discipline

between July 1, 1995, and July 1, 1998, shall successfully complete an

accredited refresher course for the specific discipline by December 31, 1998,

or by date of application whichever is first and  within 12 months prior to

applying for certification.

(c)  In addition to the requirements in Paragraph (b) of

this Rule, an applicant, other than those for the worker category, shall meet

the following:

(1)           a risk assessor shall meet the training

requirements for inspector and the examination requirements pursuant to Rule

.0804 of this Section for inspector and risk assessor, and shall have:

(A)          a Bachelor's degree and one year experience in a

related field that demonstrates skills directly transferable to the job

activities for risk assessor; or

(B)          an Associate's degree and two years experience in a

related field that demonstrates skills directly transferable to the job activities

for risk assessor; or

(C)          certification as an industrial hygienist,

professional engineer, registered architect; or

(D)          a high school diploma or equivalent and at least

three years of experience in a related field that demonstrates skills directly

transferable to the job activities for risk assessor.

(2)           a supervisor shall meet the examination

requirements pursuant to Rule .0804 of this Section for supervisor and shall

have:

(A)          one year experience as a certified lead abatement

worker; or

(B)          at least two years experience in a related field

that demonstrates skills directly transferable to the job activities for

supervisor.

(3)           a project designer shall meet the training

requirements for supervisor and project designer and the examination

requirements pursuant to Rule .0804 of this Section for supervisor and shall

have:

(A)          a Bachelor's degree in engineering, architecture, or

related profession, and one year of experience in building construction and

design; or

(B)          an Associate's degree and two years experience in a

related field that demonstrates skills directly transferable to the job

activities for designer; or

(C)          certification as an industrial hygienist,

professional engineer, or registered architect; or

(D)          a high school diploma or equivalent, and four years

experience in building construction and design or a related field that

demonstrates skills directly transferable to the job activities for designer.

(4)           an inspector shall meet the examination

requirements pursuant to Rule .0804 of this Section for inspector.

(d)  To obtain certification, the applicant shall submit to

the Program:

(1)           a completed application with the following

information:

(A)          full name and social security number of applicant;

(B)          address, including city, state, zip code, and telephone

number;

(C)          date of birth, sex, height, and weight;

(D)          discipline applied for;

(E)           name, address, and telephone number of employer;

(F)           training agency attended;

(G)          name of training course completed; and

(H)          dates of course attended;

(2)           two current, identical, 1 1/4 inch x 1 1/4

inch color photographs of the applicant;

(3)           confirmation of completion of accredited

initial and refresher training courses, as applicable, from the training

agency; the confirmation shall be in the form of an original certificate of

completion of the accredited training course bearing the training agency's

official seal, or an original letter from the training agency, on training

agency letterhead, confirming completion of the course; however, if an

applicant is certified in a state, tribe, or territory that has a reciprocating

agreement with the Program, the applicant shall submit a copy of the state

issued certification and meet the requirements of Paragraphs (b), (d)(1) and

(2) of this Rule;

(4)           when education is a requirement, a copy of

the diploma or other written documentation; and

(5)           when work experience is a requirement, work

history documenting lead or other related experience including employer name,

address, and telephone number; positions held and a description of work duties

performed; and dates when the positions were held.

(e)  All certifications shall expire at the end of the

twelfth month after the certification is issued.

(f)  An applicant for renewal of certification shall

successfully complete the required accredited refresher training course within

12 months prior to applying for certification renewal, and shall meet the

requirements of Paragraphs (d)(1), (2), and (3) of this Rule.  If a person

fails to obtain the required refresher training within 24 calendar months of

the date of last training, that person may be re-certified only by meeting the

requirements of Subparagraphs (b), (c), and (d) of the Rule.

(g)  All certified persons shall be assigned a unique

certification number by the Program.

(h)  In accordance with G.S. 130A-23, the Program may

suspend or revoke certification for any violation of G.S. 130A, Article 19A or

these Rules, or upon finding that its issuance was based upon incorrect

information or misrepresentations that materially affected the decision to

issue certification.  The Program may also suspend or revoke certification upon

finding that the certified person has violated any requirement referenced in

Rule .0808(h) of this Section.  A person whose certification is revoked shall

repeat the initial training course and meet the requirements set out in

Paragraphs (b), (c), and (d) of this Rule. A person whose certification is

revoked because of fraudulent misrepresentations or because of violations that

create a significant public health hazard shall not reapply for certification

before 12 months after the revocation, and shall repeat the initial training

course and meet the requirements set out in Paragraphs (b), (c), and (d) of

this Rule.

(i)  Certification for persons who were certified under the

Interim Lead Abatement Certification Program and who were conducting specified

lead-based paint activities, as defined in the Interim Lead Abatement

Certification Program, prior to the effective date of these Rules, shall remain

valid until the completion of the project begun prior to the effective date of

these Rules. 

 

History Note:        Authority G.S. 130A-453.03; 130A-453.11;

150B-21.1(a)(3);

Temporary Adoption Eff. July 7, 1997;

Eff. July 1, 1998.

 

10A NCAC 41C .0803       CERTIFICATION OF FIRMS

(a)  All firms who conduct lead-based paint activities shall

become certified by the Program.  The Program shall issue a certificate of

approval to firms meeting the requirements in Paragraphs (b) and (c) of this Rule.

(b)  To become certified the firm shall submit a completed

application to the Program.  The form shall include:

(1)           the name, address and telephone number of

the firm;

(2)           a statement that attests that all

individuals to be used by the firm to perform lead-based paint activities are

certified by the Program;

(3)           a statement that attests that the firm will

perform lead-based paint activities in accordance with these Rules and all

applicable local, State, and Federal requirements, including all applicable

record keeping requirements;

(4)           a disclosure of any action by EPA or an EPA

authorized program involving violations, suspensions, revocations, or

modifications of a firm's activities; and

(5)           the original signature, title, and printed

name of an official of the firm.

(c)  All certifications shall expire at the end of the

twelfth month after the certification is issued and can be renewed by

submitting a completed application provided by the Program.

(d)  In accordance with G.S. 130A-23, the Program may

suspend or revoke certification for any violation of G.S. 130A, Article 19A or

the rules of this Section, or upon finding that its issuance was based upon

incorrect information or misrepresentations that materially affected the

decision to issue certification or recertification.  The Program may revoke

certification upon a finding that a certified firm has violated any requirement

referenced in Rule .0808(h) of this Section.   Certification may be revoked

upon revocation of certification by EPA or an EPA authorized program.  A firm

whose certification has been revoked because of fraudulent misrepresentations

or because of violations that create a significant public health hazard shall

not be eligible for certification for a period of 12 months from the date of

revocation.

 

History Note:        Authority G.S. 130A-453.04; 130A-453.11;

150B-21.1(a)(3);

Temporary Adoption Eff. July 7, 1997;

Eff. July 1, 1998.

 

10A NCAC 41C .0804       PROGRAM ADMINISTERED EXAMS

(a)  The Program shall offer examinations for each

individual certification category except worker.  Individuals pass the exam by

achieving a score of at least 70 percent.  Individuals seeking certification

shall pass the appropriate exam.  The examination shall be administered by the

Program or by a state, tribe, or territory that has a written reciprocating

agreement with the Program.  If an individual does not successfully complete

the examination after three attempts, the individual shall retake the initial

course from an accredited training program before reapplying for

certification. 

(b)  Applicants seeking North Carolina certification who

wish to take the Program administered examination shall first complete all

other requirements for certification; the applicant will be notified of the

exact time and location of the examination.  The applicant shall present photo

identification for verification of identity at the time of the examination.

(c)  Applicants seeking North Carolina certification who

have been certified by a state, tribe, or territory that has a written

reciprocating agreement with the Program shall meet the requirements of Rule

.0802 Paragraphs (b), (d)(1) and (2) of this Section.  A copy of that state's,

tribe's, or territories= issued certification shall be verification that the

applicant has met all other requirements for certification.

 

History Note:        Authority G.S. 130A-453.05; 130A-453.11;

150B-21.1(a)(3);

Eff. July 1, 1998.

 

10A NCAC 41C .0805       ACCREDITATION OF TRAINING COURSES

(a)  Training courses taught in North Carolina for lead

certification shall be accredited by the Program, and shall be offered by an

accredited training provider, pursuant to Rule .0806 of this Section.  If the

course is accredited by a state, tribe, or territory that has a written

reciprocating agreement with the Program, the course shall meet the

requirements of Paragraphs (b), (c), (e), (h), and (i) of this Rule and Rule

.0806 of this Section to become accredited by the Program.            

(b)  A training provider may apply for initial and refresher

training course accreditation for any of the following disciplines: inspector,

risk assessor, supervisor, project designer, and worker.  Training provider

applying for accreditation shall submit a completed training course application

to the Program for review and approval, pursuant to Paragraph (e) of this

Rule.  Once a training course is accredited, any changes in curriculum,

hands-on exercises, principal instructor, or quality control plan from the

original course accreditation application shall be approved by the Program

prior to implementation.

(c)  For all courses, the training provider shall administer

a closed book examination.  Initial courses, except the Project Designer Course

shall also include a hands-on skills assessment.  The initial course examination

shall consist of a minimum of 50 multiple choice questions, and the refresher

course examinations shall consist of a minimum of 25 multiple choice questions.



(d)  Training courses shall be evaluated for accreditation

purposes by the Program for course administration, course length, curriculum,

training methods, instructors' qualifications, instructors' teaching

effectiveness, technical accuracy of written materials and instruction,

examination, and training certificate.  The evaluation shall be conducted using

40 CFR Part 745 Subpart L.

(e)  Training course providers shall submit the following

for evaluation and accreditation by the Program:

(1)           a completed application on a form provided

by the Program, along with supporting documentation.  The form and supporting

documentation shall include the following:

(A)          name, address, and telephone number of the training

provider, and name and signature of the contact person, training manager, and

principal instructor;

(B)          course title, location and the language in which the

course is to be taught;

(C)          course agenda;

(D)          a copy of all written instructional material used;

(E)           learning or performance objectives for each topic

to be taught;

(F)           a copy or description of all audio/visual materials

used;

(G)          a description of each hands‑on training

activity and skills assessment, including criteria for student proficiency;

(H)          a description of instructional facilities and

equipment;

(I)            a copy of a sample exam with correct answers

marked;

(J)            a sample certificate with the following

information:

(i)            Name, address, and social security number of

student;

(ii)           Training course title specifying initial or

refresher;

(iii)          Inclusive dates of course and applicable

examination;

(iv)          Statement that the student successfully

completed the course and passed the required examination and hands-on skills

assessment;

(v)           Unique certificate number;

(vi)          Printed name and signature of the training

course manager and printed name of the principal instructor;

(vii)         Name, address, and telephone number of the

training provider;

(viii)        Training course location;

(ix)          For worker training courses taught in languages

other than English, the certificate shall indicate the language of the course;

and

(K)          a list of accredited lead training courses currently

being provided for certification.

(2)           A list of instructors who will teach in North Carolina and their qualifications in accordance with Paragraph (f) of this Rule.

(3)           A copy of the course quality control plan

that meets the requirements of 40 CFR 745 Subpart L Subsection .225(c)(9).

(f)  All instructors and training managers shall be approved

by the Program.  Any person seeking approval as a training manager or

instructor for courses covered under these Rules and taught in North Carolina shall meet the following requirements:

(1)           Training managers and instructors shall

meet the requirements of 40 CFR 745 Subpart L Subsection .225(c), except that

guest instructors who teach work practice topics and hands-on training shall

meet the training requirements for principal instructors; however, guest

instructors whose course instruction is limited to conducting training for XRF

instruments are not required to meet the requirements for principal

instructors;

(2)           Principal instructors and guest instructors

who teach work practice topics or hands-on training shall meet the training

requirements for certification, pursuant to Rule .0802 of this Section,  for

the discipline in which instructor approval is sought; and

(3)           All training providers shall submit to the

Program a completed application with the following information:

(A)          name, address, and telephone number of the

applicant;

(B)          name, address, and telephone number of the training

provider that is employing the applicant;

(C)          when training course completion is a requirement,

confirmation of completion of an accredited initial or refresher training

course from the training agency, the confirmation shall be in the form of an

original certificate of completion of the accredited training course or the

following information: the course title, dates of instruction, names of

instructors, name, address, and telephone number of the training provider;

(D)          when education is a requirement, a copy of the

diploma or other written documentation; and

(E)           when work experience is a requirement,

documentation of relevant work history, including employer name, address, and

telephone number, positions held, dates when positions were held, and legible

copies of any relevant licenses, registrations, or certifications.

(g)  An application for course accreditation shall be

processed as follows:

(1)           The Program shall review the application

and supporting documentation and advise the applicant of any deficiencies.  If

the deficiencies are not corrected within one year from the date of application,

the application and any supporting documentation may be returned to the

applicant and the applicant shall be required to re-submit a completed

application.  Approval of submitted documentation does not constitute course

accreditation;

(2)           If the submitted documentation meets all

applicable requirements of this Rule, the Program shall notify the applicant of

this and also advise the applicant that it may contact the Program to schedule

an on-site audit.  The on-site audit shall be of a class of at least two

student attendees and taught in North Carolina;

(3)           If the Program determines, as a result of

the on-site audit, that the training course meets all applicable requirements

of this Rule, it shall issue course accreditation.  If the course does not meet

these requirements, the Program shall notify the applicant of the deficiencies

and advise the applicant that it may request one additional on-site audit,

which shall be held no more than six months from the date of the first audit;

(4)           If the Program determines, as the result of

the second audit, that the training course meets all applicable requirements of

this Rule, it shall issue course accreditation  If the course does not meet all

these requirements, the Program shall notify the applicant of the deficiencies,

return all application materials, and advise the applicant that it may not

reapply for course accreditation for the audited course for a period  of six

months from the date of the last audit.

(h)  Training course providers shall perform the following

in order to maintain accreditation of all initial and refresher courses:

(1)           Issue a certificate of training meeting the

requirements of Part (e)(1)(J) of this Rule to any student who successfully

completes the required training, passes the hands on skills assessment, and

passes the applicable examination.

(2)           Submit to the Program written notice of

intention to conduct a training course for North Carolina lead certification

purposes if the course is to be taught in North Carolina.  Notices for training

courses, except lead worker, shall be postmarked or received 10 working days

before the training course begins.  Notices for lead worker training courses

shall be postmarked or received five working days before the training course

begins.  If the training course is canceled, the training course provider shall

notify the Program at least one working day prior to the scheduled start date. 

Notification of intent to conduct a training course shall be made using a form

provided by the Program and shall include the following:

(A)          Training provider name, address, telephone number

and contact person;

(B)          Training course title;

(C)          Inclusive dates of course and applicable exam;

(D)          Start and completion times;

(E)           Location of the course facility and directions to the

course facility if the site is not routine for the training provider;

(F)           Language in which the course is taught;

(G)          Principal instructor; and

(H)          Signature of the training manager.

(3)           Notify the Program, in writing, at least 10

working days prior to the scheduled course start date, of any changes to course

length, curriculum, training methods, training manual or materials,

instructors, examination, training certificate, training course manager or

contact person.

(4)           Submit to the Program information and

documentation for any course approved under Paragraph (e) of this Rule if

requested by the Program.

(5)           Ensure that all training managers and

instructors are approved by the Program.

(6)           Ensure that all training courses covered

under this Rule meet the requirements of 40 CFR Part 745 Subpart L, Subsection

225(c), (d), and (e) and the following requirements:

(A)          The instructor must follow the curriculum that was

approved by the Program or a state, tribe, or territory with whom the Program

has a reciprocity agreement. The schedule may be adjusted, but all curriculum

elements shall be covered.

(B)          All initial and refresher training courses shall

have a maximum of 40 students;

(C)          A day of training shall include at least six and one‑half

hours of direct instruction, including classroom, hands‑on training or

field trips;

(D)          Work time and instruction time shall not exceed 12

hours in a 24 hour period;

(E)           A training course shall be completed within a two‑week

period;

(F)           A single instructor is allowed only for a worker

course.  Other initial disciplines shall have a minimum of two instructors;

(G)          Instructor ratio for hands‑on training shall

be no more than 10 students per instructor;

(H)          All course materials shall be in the language in

which the course is being taught;

(I)            Each training course shall be discipline specific;

(J)            Students shall be allowed to take an examination

no more than twice for each course.  After two failures, the student shall

retake the full course before being allowed to retest; and

(K)          Training providers shall provide examination

security to prevent student access to the examination materials before and

after the exam.  Training providers shall take measures to preclude cheating

during the exam, such as providing space between students, prohibiting talking,

and monitoring students throughout the exam.

(7)           Verify, by photo identification, the

identity of any student requesting training.

(8)           For each course accredited by the Program,

and taught in North Carolina, the training provider shall submit a completed

renewal application on a form provided by the Program.  Effective July 1, 1999, a renewal application shall be submitted prior to the next course offering

and annually thereafter.  If an annual training course renewal lapses, the provider

shall submit a renewal application prior to offering the course again in North Carolina.

(9)           Work practice and worker protection

demonstrations and hands-on exercises, including, but not limited to respirator

fit testing, presented in all training courses covered under this Rule shall be

conducted in accordance with Rule .0807 of this Section and 29 CFR 1926.62,

which is hereby incorporated by reference, including any subsequent amendments

and editions.  Copies may be obtained by writing the NC Department of Labor,

Bureau of Education, Training and Technical Assistance, 319 Chapanoke Road,

Suite 105, Raleigh, NC, 27603, at a cost of ten dollars and sixty cents

($10.60).

(i)  Training course providers shall permit Program

representatives to attend, evaluate and monitor any training course, take the

course examination and have access to records of training courses without

charge or hindrance to the Program for the purpose of evaluating compliance

with these Rules.  The Program shall perform periodic and unannounced on‑site

audits of training courses.

(j)  In accordance with G.S. 130A‑23, the Program may

suspend or revoke accreditation for a training course for any violation of G.S.

130A, Article 19A or these Rules and may revoke accreditation upon revocation

of accreditation by the EPA or by an EPA authorized accreditation program.

 

History Note:        Authority G.S. 130A-453.07; 130A-453.11;

150B-21.1(a)(3);

Eff. July 1, 1998.

 

10A NCAC 41C .0806       ACCREDITATION OF TRAINING PROVIDERS

(a)  All training providers who offer lead training courses

in North Carolina for individual certification shall be accredited by the

Program before offering training courses.

(b)  To become accredited, the training provider shall:

(1)           employ a training manager who meets the

requirements of 40 CFR 745 Subpart L Subsection .225(c); and

(2)           submit a completed application to the

Program including:

(A)          the name, address and telephone number of the

training provider;

(B)          a statement that all courses taught in North Carolina for certification will comply at all times with all of the requirements of

these Rules;

(C)          a statement that the training provider is

responsible for maintaining the validity and integrity of the hands-on skills

assessment to ensure that it accurately evaluates the trainees' performance of

the work practices and procedures associated with the course topics;

(D)          a statement that the training provider is

responsible for maintaining the validity and integrity of the course

examination to ensure that it accurately evaluates the trainees' knowledge and

retention of the course topics;

(E)           a completed application for training manager,

pursuant to Rule .0805(f) of this Section with documentation for meeting the

requirements of 40 CFR 745 Subpart L Subsection .225(c); and 

(F)           the original signature, title, and printed name of

an official of the training company.

(c)  In accordance with G.S. 130A-23, the Program may

suspend or revoke accreditation of a training course provider for any violation

of G.S. 130A, Article 19A or these Rules, and may revoke accreditation upon

revocation of accreditation by EPA or by an EPA authorized state.  The Program

shall revoke training provider accreditation upon finding that the training

provider has falsified training documents.  When training provider

accreditation is revoked for falsification of training documents, the training

course provider shall not be eligible for reaccreditation for a period of three

years from the date of revocation.

 

History Note:        Authority G.S. 130A-453.07; 130A-453.11;

150B-21.1(a)(3);

Eff. July 1, 1998.

 

10A NCAC 41C .0807       STANDARDS FOR CONDUCTING LEAD-BASED

PAINT ACTIVITIES

(a)  All lead-based paint activities and design activities

shall be conducted in accordance with 40 CFR 745 Subpart L, Subsection .227.

(b)  For each inspection, risk assessment, or lead hazard

screen conducted, the certified inspector or risk assessor shall submit to the

Program a legible copy of the summary of the activity on a form provided or

approved by the Program.  The form shall be submitted within 45 days of the

activity.

 

History Note:        Authority G.S. 130A-453.10; 130A-453.11;

150B-21.1(a)(3);

Eff. July 1, 1998.

 

10A NCAC 41C .0808       LEAD-BASED PAINT ABATEMENT PERMITS

(a)  No person shall conduct abatement without an abatement

permit issued by the Program, except as provided for in G.S. 130A-453.09(c). 

All abatement activities shall be conducted by a certified firm.

(b)  All applications shall be made in writing on a form

provided or approved by the Program.  The application shall include at least

all of the following:

(1)           name, address, contact name, and telephone

number of the owner and operator of the target housing or child occupied

facility;

(2)           name, certification number, address,

contact name, and telephone number of the certified firm;

(3)           name, certification number, address, and

telephone number of the inspector and risk assessor;

(4)           name, certification number, address, and

telephone number of the project designer;

(5)           location and street address, including

building number or name and floor or room number, city, county, and state, of

the building where the abatement is taking place;

(6)           scheduled start and completion dates of

lead-based paint abatement work including preparation work and cleanup;

(7)           work schedule, including days of the week

and hours to be worked;

(8)           amount of material to be abated;

(9)           method(s) of abatement;

(10)         non-hazardous waste transporter, address,

contact name, and telephone number;

(11)         non-hazardous waste disposal site, address,

contact name, and telephone number;

(12)         hazardous waste transporter, address,

contact name, and telephone number;

(13)         hazardous waste disposal site, address,

contact name, and telephone number;

(14)         for ordered abatements, the name, title, and

authority of the State or local government representative who has ordered the

abatement, the date that the order was issued, and the date the abatement was

ordered to begin;

(15)         for emergency abatements, a description of

the nature of the emergency and an explanation of how failure to correct the

situation would cause a lead-based paint hazard;

(16)         contract price for the abatement; and

(17)         the name of the representative of the

certified firm, address, original signature, and date.

(c)  Applications for lead abatement permits shall be

postmarked or received by the Program at least 10 working days prior to the

scheduled abatement start date.  For emergency lead abatement activities, the

Program will take action immediately.   Applications for emergency lead-based

paint  abatement activities shall be submitted along with a letter from the

owner or the certified risk assessor explaining the nature of the emergency.

(d)  Application for revision to an issued lead abatement

permit shall be made by the applicant in writing on a form provided or approved

by the Program and shall be received by the Program in accordance with the

following:

(1)           Revision to a start date for a project that

will begin after the start date stated in the approved permit shall be received

on or before the previously stated start date or previously revised start date;

(2)           Revision to a start date for a project that

will begin before the start date stated in the approved permit or subsequent

revisions shall be received at least 10 working days before the new start date;

(3)           Revision to a completion date that will be

extended beyond the completion date stated in the approved permit shall be

received by the original completion date or previously revised completion date;

(4)           Revision to a completion date that will be

earlier than the completion date stated in the approved permit or subsequent

revision shall be received by the new completion date; and

(5)           Revision to permits other than start or

completion dates shall be submitted to the Program prior to initiating the

activity which the revision addresses.

(e)  The following shall be maintained on site during

abatement activities and be immediately available for review by the Program:

(1)           a copy of the abatement permit issued by

the Program and all revisions with the Program's confirmation of receipt;

(2)           photo identification cards issued by the

Program for all personnel performing lead abatement activities;

(3)           the occupant protection plan; and

(4)           any applicable abatement design, risk

assessment and inspection reports.

(f)  All permitted abatement activities shall be conducted

in accordance with Rule .0807 of this Section.

(g)  A certified supervisor shall be on-site at all times

when permitted abatement activities are being conducted.

(h)  In accordance with G.S. 130A-23, the Program may

suspend or revoke the permit for any violation of G.S. 130A, Article 19A or

these Rules.  The Program may also revoke the permit upon a finding that its

issuance was based upon incorrect information or misrepresentations that

materially affected the decision to issue the permit.  Notwithstanding permit

revocation for violation of the rules of this Section, a lead-based paint

abatement permit shall also be subject  to revocation if the abatement

activities are in violation of the following provisions with regard to lead-based

paint abatement, as determined by the agencies which administer these Rules:

(1)           Department of Labor Rules found at Chapter

7, Title 13 of the North Carolina Administrative Code;

(2)           Department of Transportation Rules found at

Title 19A, of the North Carolina Administrative Code;

(3)           Solid Waste Management Rules found at

Chapter 13, Title 15A of the North Carolina Administrative Code; and

(4)           NC Childhood Lead Poisoning Prevention

Program requirements found at G.S. 130A, Article 5, Part 4.

 

History Note:        Authority G.S. 130A-453.09; 130A-453.11;

150B-21.1(a)(3);

Eff. July 1, 1998.

 

10A NCAC 41C .0809       FEES

(a)  The fees required by G.S. 130A-453.08 for individual

and firm certification shall be submitted with a completed application for

certification.  The amount of the fee shall be one hundred fifty dollars

($150.00) for each category of individual certification except that the fee for

worker shall be fifty dollars ($50.00).  The fee for firm certification shall

be fifty dollars ($50.00).

(b)  The fee required by G.S. 130A-453.08 for examination

shall be submitted with a completed application for certification.  The amount

of the fee shall be seventy-five dollars ($75.00).

(c)  The fees required by G.S. 130A-453.08 for initial

course accreditation and renewal course accreditation shall be submitted with a

training course application.  The amount of the fee shall be fifteen hundred

dollars ($1500.00) for each initial course accreditation if the course  does

not have prior approval by a state, tribe, or territory that has a

reciprocating agreement with the Program; one thousand dollars ($1000.00) for

each course accreditation if the course is accredited by a state, territory, or

tribe that has a reciprocating agreement with the Program; and five hundred

dollars ($500.00) for each renewal course accreditation.

(d)  The fees required by G.S. 130A-453.08 for course

provider accreditation shall be submitted with a completed application.  The

amount of the fee shall be one hundred fifty dollars ($150.00).

(e)  The fee required by G.S. 130A-453.09 for abatement

permits shall be submitted with a completed permit application.  The amount of

the fee shall be two percent of the contract price, not to exceed five hundred

dollars ($500.00).

(f)  The fee for a replacement photo identification card

shall be fifteen dollars ($15.00).

(g)  In the case of issuing a refund for permits, an

administrative cost of two hundred dollars ($200.00) shall be retained by the

Program.

 

History Note:        Authority G.S. 130A-453.08; 130A-453.11;

150B-21.1(a)(3);

Eff. July 1, 1998.

 

SECTION .0900 - LEAD-BASED PAINT HAZARD MANAGEMENT PROGRAM FOR

RENOVATION, REPAIR AND PAINTING

 

10A NCAC 41C .0901       GENERAL

(a)  In addition to the definitions found in 40 CFR Part 745

Subpart E and Subpart L and G.S. 130A-453.22 the following definitions  apply

throughout this Section:

(1)           "Accredited training course"

means a lead training course accredited by the Program.

(2)           "Accredited training provider"

means a training provider who is accredited by the Program, and who provides

accredited training courses.

(3)           "Program" means the Lead-Based

Paint Hazard Management Program for Renovation, Repair and Painting within the

Division of Public Health.

(4)           "Training hour" means at least 50

minutes of actual learning, including time devoted to lecture, learning

activities, small group activities, demonstrations, evaluations, and hands-on

experience.

(5)           "Working day" means Monday

through Friday.  Holidays falling on any of these days are included in the

definition.

(b)  Residential Property Renovation and Lead-Based Paint

Activities, 40 CFR Part 745 Subpart E and Subpart L, is hereby incorporated by

reference, including any subsequent amendments and editions.  This document is

available for inspection at the Division of Public Health, 1915 Mail Service Center, Raleigh, North Carolina 27499-1915.  A copy of this document may be

obtained in writing from the US Government Printing Office, P.O. Box 979050, St Louis, MO 63197-9000, at a cost of sixty-one dollars ($61.00).

 

History Note:        Authority G.S. 130A-22; 130A-453-31;

Temporary Adoption Eff. January 1, 2010;

Eff. November 1, 2010.

 

10A NCAC 41C .0902       CERTIFICATION OF INDIVIDUALS

(a)  No person shall perform lead-based paint renovation

activities for compensation in target housing and child-occupied facilities

until that person has been certified by the Program in the applicable certification

category.  Certification is not required for a trained renovation worker as

defined by G.S. 130A-453.22(b)(7).

(b)  An applicant for certification shall successfully

complete applicable, discipline specific training courses accredited by the Program

pursuant to Rule .0904 of this Section.  Successful completion includes

attendance of at least 95 percent of the course, passing the course exam with a

minimum score of 70 percent, and successful completion of the hands-on skills

assessment pursuant to 40 CFR 745, Subpart L.  An applicant for initial

certification shall also meet the applicable, discipline-specific,

certification requirements in Paragraphs (c) and (d) of this Rule:

(c)  To obtain dust sampling technician certification or

renewal of certification, the applicant shall meet the following:

(1)           An applicant for initial certification

shall have successfully completed an accredited initial dust sampling

technician training course within the 12 months immediately preceding

application.  If initial training was completed more than 12 months prior to

application, the applicant shall have successfully completed an accredited dust

sampling technician training course at least every 60 months from the date of

the last training, and within 12 months immediately preceding the application.

(2)           An applicant shall submit a completed dust

sampling technician certification application with the following information to

the Program:

(A)          full name of the applicant;

(B)          address, including city, state, zip code, and

telephone number;

(C)          date of birth, sex, height, and weight;

(D)          name, address, including city, state, zip code, and

telephone number of certified renovation firm;

(E)           name of training provider;

(F)           name of training course completed;

(G)          dates of course attended;

(H)          one color photograph of the applicant; and

(I)            confirmation of completion of accredited initial

and refresher training courses, as applicable, from the training provider.  The

confirmation shall be in the form of an original certificate of completion of

the accredited training course, or an original letter from the training provider,

on training provider letterhead, including the information in Parts (A) through

(G) of this Subparagraph, confirming completion of the course.

(3)           Initial dust sampling technician

certification expires on the last day of the 12 month after training was taken.

(4)           An applicant for renewal of dust sampling

technician certification shall have successfully completed an accredited initial

or refresher training course within 48 months prior to applying for

certification renewal, and shall meet the requirements of Paragraphs (b) and

(c) of this Rule.  All renewal certifications expire on the last day of the 12th

month from the date of certification.  If a person fails to obtain the required

training within 48 calendar months of the date of last training, that person

may renew certification only by successful completion of an accredited dust

sampling technician course and by meeting the requirements of Paragraphs (b)

and (c) of the Rule.  If a person fails to obtain the required training within

60 calendar months of the date of last training, that person may renew

certification only by successful completion of an accredited initial dust

sampling technician course and by meeting the requirements of Paragraphs (b)

and (c) of this Rule.

(d)  To obtain certification as a certified renovator or to

renew certification, the applicant shall meet the following:

(1)           An applicant for renovator certification

shall have successfully completed an accredited initial renovator training

course prior to application.  If initial training was completed more than 60

months prior to application, the applicant shall have successfully completed an

accredited refresher course for the specific discipline at least every 60

months from the date of completion of initial training.

(2)           An applicant shall submit a completed

renovator certification application with the following information to the

Program:

(A)          full name of the applicant;

(B)          address, including city, state, zip code, and

telephone number;

(C)          date of birth and sex;

(D)          name, address, including city, state, zip code, and

telephone number of certified renovation firm;

(E)           name, address, including city, state, zip code, and

telephone number of training provider that provided the training;

(F)           name of training course completed and language in

which it was taught;

(G)          date(s) of course completion and exam;

(H)          confirmation of completion of accredited initial and

refresher training courses, as applicable from the training provider.  The

confirmation shall be in the form of a copy of an original certificate of

completion of the accredited training course, or an original letter from the

training provider, on training provider letterhead, including the information

in Parts (A) through (G) of this Subparagraph, and confirming completion of the

course; and

(I)            one color photograph of the applicant.

(3)           An applicant for renewal of renovator

certification shall have successfully completed the required accredited

refresher training course no more than 60 months prior to applying for

certification renewal, and shall meet the requirements of Paragraphs (b) and

(d) of this Rule.  If a person fails to obtain the required training within 60

calendar months of the date of last training, that person may renew

certification only by successful completion of an accredited initial renovator

course and by meeting the requirements of Paragraphs (b) and (d) of this Rule.

(e)  All certified persons shall be assigned a unique

certification number by the Program.

(f)  A person whose certification or certification renewal is

revoked, suspended or denied because of misrepresentations or because of

violations that create a public health threat as defined in G.S. 130A-475(d),

shall not reapply for certification or certification renewal before 12 months

after the effective date of the revocation, suspension, or denial and shall repeat

the initial training course and other requirements as set out in Paragraphs

(b), (c), and (d) of this Rule.

(g)  The Program may revoke, suspend or deny certification

or certification renewal upon a finding that the certified person has violated

any requirement referenced in the following provisions with regard to

renovation activities, as determined by the agencies which administer these

Rules:

(1)           Department of Labor Rules found at Chapter

7, Title 13 of the North Carolina Administrative Code;

(2)           Department of Transportation Rules found at

Title 19A of the North Carolina Administrative Code;

(3)           Solid Waste Management Rules found at

Chapter 13, Title 15A of the North Carolina Administrative Code; and

(4)           NC Childhood Lead Poisoning Prevention

Program requirements found at G.S. 130A, Article 5, Part 4.

 

History Note:        Authority G.S. 130A-453.24; 130A-453.25;

130A-453.31; 130A-23;

Temporary Adoption Eff. January 1, 2010;

Eff. November 1, 2010.

 

10A NCAC 41C .0903       CERTIFICATION OF RENOVATION FIRMS

(a)  The Program shall issue a certificate of approval to

firms meeting the requirements in Paragraphs (b) and (c) of this Rule.

(b)  A firm applying for certification shall submit a

completed firm certification application provided by the Program for evaluation. 

The application shall include:

(1)           The name, address, including city, state,

and zip code, and telephone number of the firm;

(2)           A statement that attests that all

individuals to be used by the firm as renovators and dust sampling technicians

are certified by the Program;

(3)           A statement that attests that the firm will

perform lead-based paint renovation activities in accordance with the rules of

this Section and all applicable local, State, and Federal requirements,

including all applicable record keeping, record retention, information

distribution, and reporting requirements;

(4)           A disclosure of any action by US EPA or a

US EPA authorized program involving violations, suspension, revocations, or

modifications of a firm's activities or the activities of employees performing

a renovation on behalf of a firm;

(5)           A list of renovators and dust sampling

technicians employed by the firm to perform lead-based paint renovation

activities, and their Program certification numbers; and

(6)           The original signature, title, and printed

name of an official of the firm.

(c)  All certifications may be renewed annually by

submitting a completed application provided by the Program for evaluation.

(d)  A firm whose certification is revoked, suspended or

denied because of misrepresentations or because of violations that create a

public health threat as defined in G.S. 130A-475(d) shall not reapply for

certification or renewal of certification before 12 months after the effective

date of the revocation, suspension, or denial and shall comply with the

requirements for firm certification as set out in Paragraphs (a), (b), and (c)

of this Rule.  The Program may revoke, suspend or deny certification or certification

renewal upon a finding that a certified firm, or an individual performing a

renovation on behalf of the firm, has violated any requirement referenced in

Rule .0902(g) of this Section.  Firm certification may be revoked, suspended or

denied upon revocation of certification by US EPA or a US EPA authorized

program.

 

History Note:        Authority G.S. 130A-453.24; 130A-453.25;

130A-453.22; 130A-23;

Temporary Adoption Eff. January 1, 2010.

Eff. November 1, 2010.

 

10A NCAC 41C .0904       ACCREDITATION OF TRAINING COURSES

(a)  Pursuant to Rule .0902 of this Section, applicants for

certification and certification renewal are required to successfully complete

training courses accredited by the Program.  Training courses:

(1)           Taught in locations other than North Carolina and accredited by US EPA or by a state with a US EPA authorized program

shall be deemed accredited for certification purposes of the Program;

(2)           Taught in North Carolina and accredited by

a state, tribe, or territory that has a written reciprocating agreement with

the Program shall meet the requirements of Paragraphs (b), (c), (e), (g), and

(h) of this Rule to be accredited by the Program;

(3)           Taught in North Carolina, other than those

covered in Subparagraphs (2) and (4) of this Paragraph, shall meet the

requirements of this Rule;

(4)           Taught in North Carolina prior to August 1,

2010, and accredited by US EPA or by a state with a US EPA authorized program

shall be deemed accredited for certification purposes of the Program.

(b)  A training provider may apply for initial and refresher

training course accreditation for the following disciplines: renovator and dust

sampling technician.  Training providers applying for course accreditation

shall submit a completed training course application to the Program for review

and evaluation, pursuant to Paragraph (e) of this Rule.  Once a training course

is accredited, any changes in curriculum, hands-on exercises, examination,

training manual or materials, or quality control plan from the original course

accreditation application shall be submitted and approved by the Program prior

to implementation.

(c)  For all courses, the training provider shall administer

a closed book examination.  Initial courses shall include a hands-on skills

assessment.  Initial and refresher course examinations shall consist of a

minimum of 25 multiple choice questions.

(d)  Training courses shall be evaluated for accreditation

purposes by the Program for course administration, course length, curriculum,

training methods, instructors' teaching effectiveness, technical accuracy of

written materials and instruction, examination, and training certificate.  The

evaluation shall be conducted using 40 CFR Part 745 Subpart L.

(e)  Training course providers shall submit the following

for evaluation by the Program:

(1)           A completed application on a form provided

by the Program, along with supporting documentation.  The form and supporting

documentation shall include the following:

(A)          name, address including city, state, and zip code,

and telephone number of the training provider, and name and signature of the

contact person, training manager, and principal instructor;

(B)          course title, location, and the language in which

the course is to be taught;

(C)          course agenda;

(D)          a copy of all written instructional material to be

used;

(E)           learning or performance objectives for each topic

to be taught;

(F)           a copy or description of all audio/visual materials

to be used;

(G)          a description of each hands-on training activity and

skills assessment, including criteria for determining student proficiency;

(H)          a description of instructional facilities and

equipment;

(I)            a copy of a sample exam with correct answers

marked and exam blueprint; and

(J)            a written policy for administration of oral exams.

(2)           A sample course certificate with the

following information:

(A)          name and address, including city, state, and zip

code of the student;

(B)          training course title specifying "initial"

or "refresher" of training course completed;

(C)          inclusive dates of course and applicable

examination;

(D)          a statement that the student successfully completed

the course and hands-on skills assessment and passed the required examination;

(E)           unique certificate number;

(F)           student photo;

(G)          printed name and signature of the training course

manager and printed name of the principal instructor;

(H)          name, address including city, state, and zip code,

and telephone number of the training provider;

(I)            training course location; and

(J)            for training courses taught in languages other

than English, the certificate shall indicate the language of the course;

(3)           A list of accredited lead training courses

being offered for certification;

(4)           A list of instructors who will teach in

North Carolina and their qualifications in accordance with 40 CFR 745 Subpart L

Subsection .225(c)(2); and

(5)           A copy of the course quality control plan

that meets the requirements of 40 CFR 745 Subpart L Subsection .225(c)(9).

(f)  An application for course accreditation by the Program

shall be processed as follows:

(1)           The Program shall review the application

and supporting documentation and advise the applicant of any deficiencies.  If

the deficiencies are not corrected within 12 months from the date of

application, the application and any supporting documentation shall be returned

to the applicant and the applicant shall re-submit a completed application. 

Approval of submitted documentation does not constitute course accreditation;

(2)           If the submitted documentation meets all

applicable requirements of this Rule, the Program shall notify the applicant of

this and also advise the applicant that it may contact the Program to schedule

an on-site audit. The on-site audit shall be of a class of at least two student

attendees and taught in North Carolina;

(3)           If the Program determines, as a result of

the on-site audit, that the training course meets all applicable requirements

of this Rule, it shall issue course accreditation.  If the course does not meet

these requirements, the Program shall notify the applicant of the deficiencies

and advise the applicant that it may request one additional on-site audit,

which shall be held no more than six months from the date of the first audit;

and

(4)           If the Program determines, as the result of

the second audit, that the training course meets all applicable requirements of

this Rule, it shall issue course accreditation.  If the course does not meet

all these requirements, the Program shall notify the applicant of the

deficiencies, return all the application materials, and advise the applicant

that it may not reapply for course accreditation for the audited course for a

period of six months from the date of the last audit.

(g)  Training course providers shall perform the following

in order to maintain accreditation of all initial and refresher courses:

(1)           Issue a certificate of training meeting the

requirements of Subparagraph (e)(2) of this Rule to any student who

successfully completes the required training and the hands-on skills

assessment, and passes the applicable examination;

(2)           Submit to the Program written notice of

intention to conduct a training course for North Carolina lead certification

purposes, if the course is to be taught in North Carolina.  Notices for

training courses shall be postmarked or received 10 working days before the

training course begins.  If the training course is canceled or there is a

change of instructors or course location, the training course provider shall

notify the Program at least two working days prior to the scheduled start

date.  Notification of intent to conduct a training course shall be made using

a form provided by the Program and shall include the following:

(A)          training provider name, address including city,

state, and zip code, telephone number, and contact person;

(B)          training course title;

(C)          inclusive dates of course and applicable exam;

(D)          start and completion times;

(E)           location of the course facility and directions to

the course facility;

(F)           language in which the course is taught; and

(G)          signature of the training manager;

(3)           Notify the Program, in writing, at least 10

working days prior to the scheduled course start date, of any changes to course

length, training methods, training certificate, or training course manager;

(4)           Submit to the Program information and

documentation for any course accredited pursuant to this Rule if requested by

the Program;

(5)           Ensure that all training courses covered

under this Rule meet the requirements of 40 CFR Part 745 Subpart L, Subsection

.225(c), (d), and (e) and the following requirements:

(A)          the instructor must follow the curriculum that was

approved by the Program, US EPA, or a state, tribe, or territory with whom the

Program has a reciprocity agreement.  The schedule may be adjusted, but all

curriculum elements shall be covered;

(B)          all initial and refresher training courses shall

have a maximum of 30 students;

(C)          a day of training shall include at least eight

training hours;

(D)          a training course shall be completed within a

two-week period;

(E)           instructor ratio for hands-on training shall be no

more than 10 students per instructor;

(F)           all course materials shall be in the language in

which the course is being taught;

(G)          each training course shall be discipline specific;

(H)          students shall be allowed to take an examination no

more than twice for each course.  The exam used for retesting shall be

different from the previous exam.  After two failures, the student shall retake

the full course before being allowed to retest; and

(I)            training providers shall provide examination

security to prevent student access to the examination materials before and

after the exam.  Training providers shall take measures to preclude cheating

during the exam, such as providing space between students, prohibiting talking,

and monitoring students throughout the exam.

(6)           Verify, by photo identification, the

identity of any student requesting training;

(7)           Submit a completed renewal application on a

form provided by the Program for each course accredited by the Program, and

taught in North Carolina, for which the training provider is seeking renewal;

(8)           Conduct work practice and worker protection

demonstrations and hands-on exercises presented in all training courses covered

under this Rule in accordance with Rule .0906 of this Section and 29 CFR

1926.62, which is hereby incorporated by reference, including any subsequent

amendments and editions; and

(9)           Teach the course at least once every five

years in North Carolina.

(h)  Training course providers shall permit Program

representatives to attend, evaluate and monitor any training course, take the

course examination, and have access to records of training courses without

charge or hindrance to the Program for the purpose of evaluating compliance

with these Rules.  The Program shall perform periodic and unannounced on-site

audits of training courses.

(i)  In accordance with G.S. 130A-23, the Program may

suspend, revoke, or deny accreditation for a training course for any violation

of G.S. 130A, Article 19B or  the Rules of this Section and shall revoke

accreditation upon revocation of accreditation by the US EPA or by any state

with a US EPA authorized accreditation program.  The Program shall also revoke

course accreditation for all courses taught by a training provider upon a

finding that the training course provider has issued one or more certificates

to an individual who did not actually attend the course, successfully complete

the hands-on exercises, and pass the examination.  When course accreditation is

revoked for improper issuance of certificates, the training course provider is

not eligible for reaccreditation for a period of 36 months from the date of

revocation.

 

History Note:        Authority G.S. 130A-453.26; 130A-453.31;

130A-23;

Temporary Adoption Eff. January 1, 2010;

Eff. November 1, 2010.

 

10A NCAC 41C .0905       ACCREDITATION OF TRAINING PROVIDERS

(a)  To become accredited, training providers shall meet the

following requirements:

(1)           Submit a completed application on a form

provided by the Program including:

(A)          the name, address including city, state and zip

code, and telephone number of the training provider;

(B)          a statement that all courses taught in North

Carolina for certification will comply with all of the requirements of  the

rules in this Section;

(C)          a statement that the training provider is

responsible for maintaining the validity and integrity of the hands-on skills

assessment to ensure that it accurately evaluates the trainees' performance of

the work practices and procedures associated with the course topics;

(D)          a statement that the training provider is

responsible for maintaining the validity and integrity of the course

examination to ensure that it accurately evaluates the trainees' knowledge and

retention of the course topics;

(E)           documentation for the training manager, pursuant to

Rule .0904 of this Section; and

(F)           the original signature, title, and printed name of

an official of the training provider.

(2)           Training Providers accredited by US EPA or

by a state with a US EPA authorized program shall submit documentation of their

accreditation to the Program.

(b)  In accordance with G.S. 130A-23, the Program may

suspend, revoke, or deny accreditation of a training provider for any violation

of G.S. 130A, Article 19B or the rules of this Section and shall revoke

accreditation upon revocation of accreditation by the US EPA or by any state

with a US EPA authorized accreditation program.  A training provider whose

course accreditation has been revoked by the Program is not eligible for

accreditation for a period of 12 months from the date of revocation.  The

Program shall also revoke a training provider's accreditation upon a finding

that the training course provider has falsified training documents or issued

one or more certificates to an individual who did not actually attend the course,

complete the hands-on exercises, and pass the examination.  When accreditation

is revoked for falsification of documents or improper issuance of certificates,

the training course provider shall not be eligible for reaccreditation for a

period of 36 months from the date of revocation.

 

History Note:        Authority G.S. 130A-453.26; 130A-453.31; 130A-23;

Temporary Adoption Eff. January 1, 2010;

Eff. November 1, 2010.

 

10A NCAC 41C .0906       STANDARDS FOR CONDUCTING LEAD-BASED

PAINT RENOVATION ACTIVITIES

(a)  All lead-based paint renovation activities performed

for compensation in target housing and child-occupied facilities shall be

conducted in accordance with 40 CFR 745 Subpart E, Subsections .85 and .90.

(b)  The following shall be maintained on site during renovation

activities and be available for review by the Program:

(1)           A copy of the Program issued firm

certification;

(2)           A copy of the Program issued certification letter

for the certified renovator assigned to the project; and

(3)           Photo-identification cards issued by the

Department for inspectors, risk assessors and dust sampling technicians

performing dust wipe sampling or clearance sampling as applicable.

 

History Note:        Authority G.S. 130A-453.28; 130A-453.31;

Temporary Adoption Eff. January 1, 2010;

Eff. November 1, 2010.

 

10A NCAC 41C .0907       STANDARDS FOR RECORDS RETENTION,

INFORMATION DISTRIBUTION, AND REPORTING REQUIREMENTS

(a)  All certified renovation firms shall comply with the

records retention, information distribution, and reporting requirements related

to lead-based paint renovation activities, in accordance with 40 CFR 745

Subpart E, Subsections .84 and .86.

(b)  All certified renovation firms using USEPA-recognized

test kits prior to conducting renovation activities in target housing and

child-occupied facilities must provide in writing to the person who contracted

for the renovation the identifying information as to the manufacturer and model

of the test kits used, a description of the components that were tested

including their locations, and the test kit results.  This information must be

provided prior to the start of the renovation activities.

(c)  All accredited training providers shall comply with the

training program recordkeeping requirements in accordance with 40 CFR 745

Subpart L, Subsection .225(i).

 

History Note:        Authority G.S. 130A-453.29; 130A-453.31;

Temporary Adoption Eff. January 1, 2010;

Eff. November 1, 2010.