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.
