PRINTER'S NO. 1765
No. 1473 Session of 1997
INTRODUCED BY McNAUGHTON, E. Z. TAYLOR, SAYLOR, ITKIN, MASLAND,
THOMAS, EGOLF, YOUNGBLOOD, SERAFINI, PRESTON, BELFANTI,
STEVENSON, MILLER, HENNESSEY, TRELLO, ROSS, McILHATTAN,
SHANER, LUCYK, PISTELLA, ARMSTRONG, BENNINGHOFF, BUNT, STERN
AND BOSCOLA, MAY 7, 1997
REFERRED TO COMMITTEE ON LABOR RELATIONS, MAY 7, 1997
AN ACT
1 Amending the act of December 19, 1990 (P.L.805, No.194),
2 entitled "An act providing for the accreditation of persons
3 engaged in occupations relating to asbestos; providing for
4 certification standards and procedures; providing for
5 additional duties of the Department of Labor and Industry;
6 establishing the Asbestos Control Advisory Committee and
7 providing for its powers and duties; and providing for
8 enforcement and penalties," requiring certain contractors to
9 obtain a license.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 2 of the act of December 19, 1990
13 (P.L.805, No.194), known as the Asbestos Occupations
14 Accreditation and Certification Act, is amended by adding a
15 definition to read:
16 Section 2. Definitions.
17 The following words and phrases when used in this act shall
18 have the meanings given to them in this section unless the
19 context clearly indicates otherwise:
20 * * *
1 "Contractor license." A license issued by the department
2 permitting a company, corporation, partnership or sole
3 proprietorship to provide asbestos abatement services.
4 * * *
5 Section 2. The act is amended by adding a section to read:
6 Section 5.1. Contractor licenses.
7 (a) Requirement.--A license is required by all contractors
8 whose primary business is asbestos abatement or who in the
9 course of doing business can reasonably expect to perform
10 asbestos abatement projects.
11 (b) Standards and procedures for licensing.--The department
12 shall establish by regulation standards and procedures for the
13 licensing of companies, corporations, partnerships and sole
14 proprietors who engage in the business of asbestos abatement.
15 These regulations shall include, but not be limited to, the
16 following requirements:
17 (1) Experience in the field of asbestos abatement.
18 (2) Knowledge and ability to correctly and safely
19 organize, manage and perform an asbestos abatement project.
20 (3) Capability to perform asbestos abatement work,
21 including, but not limited to, necessary equipment, trained
22 personnel, organizational structure, landfill availability,
23 financial stability, experience and/or training of key
24 personnel. In determining capability, the department shall
25 consider the applicant's history of fines, citations or other
26 actions taken by regulatory agencies for certification, work
27 practice and licensing violations.
28 (4) Completion of application and payment of fee.
29 (5) Employment of an asbestos project coordinator
30 certified by the department.
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1 (c) Interim standards and procedures.--Pending promulgation
2 of regulations under subsection (b), the department may
3 establish interim standards and procedures by publishing the
4 standards and procedures in the Pennsylvania Bulletin.
5 (d) Fee.--The department by regulation shall set the license
6 fee. Upon the effective date of this section, the interim fee
7 shall be $50. This interim fee shall remain in effect until the
8 department promulgates a fee by regulation.
9 (e) Duration, renewal and transfer of license.--
10 (1) Unless the department revokes or suspends a license,
11 the license shall remain in effect for one year from the date
12 of issuance.
13 (2) A contractor may apply for renewal of a license in
14 the form and manner prescribed by the department.
15 (3) Contractor licenses are transferable within the
16 license period at the discretion of the department. The new
17 licensee must at a minimum meet all the license requirements
18 set by the department.
19 (f) Suspension, revocation, etc.--The department may
20 suspend, revoke or deny any license application for the reasons
21 and in the manner set forth for accreditations and
22 certifications under section 6.
23 (g) Enforcement and penalties.--The department shall have
24 the power to enforce this section in the manner set forth for
25 accreditations and certifications under section 9. The civil and
26 criminal penalties set forth in section 9(d) and (e) shall apply
27 to violations of this section.
28 Section 3. This act shall take effect in 60 days.
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