PRIOR PRINTER'S NO. 1765 PRINTER'S NO. 1868
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,
BOSCOLA, RAMOS AND STEELMAN, MAY 7, 1997
AS REPORTED FROM COMMITTEE ON LABOR RELATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 2, 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:
1 * * *
2 "Contractor ASBESTOS ABATEMENT CONTRACTOR license." A <--
3 license issued by the department permitting a company,
4 corporation, partnership or sole proprietorship to provide
5 asbestos abatement services.
6 * * *
7 Section 2. The act is amended by adding a section to read:
8 Section 5.1. Contractor ASBESTOS ABATEMENT CONTRACTOR licenses. <--
9 (a) Requirement.--A license is required by all contractors
10 whose primary business is asbestos abatement or who in the
11 course of doing business can reasonably expect to perform
12 asbestos abatement projects.
13 (b) Standards and procedures for licensing.--The department
14 shall establish by regulation standards and procedures for the
15 licensing of companies, corporations, partnerships and sole
16 proprietors who engage in the business of asbestos abatement.
17 These regulations shall include, but not be limited to, the
18 following requirements:
19 (1) Experience in the field of asbestos abatement.
20 (2) Knowledge and ability to correctly and safely
21 organize, manage and perform an asbestos abatement project.
22 (3) Capability to perform asbestos abatement work,
23 including, but not limited to, necessary equipment, trained
24 personnel, organizational structure, landfill availability,
25 financial stability, experience and/or training of key
26 personnel. In determining capability, the department shall
27 consider the applicant's history of fines, citations or other
28 actions taken by regulatory agencies for certification, work
29 practice and licensing violations.
30 (4) Completion of application and payment of fee.
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1 (5) Employment of an asbestos project coordinator
2 certified by the department.
3 (c) Interim standards and procedures.--Pending promulgation
4 of regulations under subsection (b), the department may
5 establish interim standards and procedures by publishing the
6 standards and procedures in the Pennsylvania Bulletin.
7 (d) Fee.--The department by regulation shall set the license
8 fee. Upon the effective date of this section, the interim fee
9 shall be $50. This interim fee shall remain in effect until the
10 department promulgates a fee by regulation.
11 (e) Duration, renewal and transfer of license.--
12 (1) Unless the department revokes or suspends a license,
13 the license shall remain in effect for one year from the date
14 of issuance.
15 (2) A AN ASBESTOS ABATEMENT contractor may apply for <--
16 renewal of a license in the form and manner prescribed by the
17 department.
18 (3) Contractor ASBESTOS ABATEMENT CONTRACTOR licenses <--
19 are transferable within the license period at the discretion
20 of the department. The new licensee must at a minimum meet
21 all the license requirements set by the department.
22 (f) Suspension, revocation, etc.--The department may
23 suspend, revoke or deny any license application for the reasons
24 and in the manner set forth for accreditations and
25 certifications under section 6.
26 (g) Enforcement and penalties.--The department shall have
27 the power to enforce this section in the manner set forth for
28 accreditations and certifications under section 9. The civil and
29 criminal penalties set forth in section 9(d) and (e) shall apply
30 to violations of this section.
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1 Section 3. This act shall take effect in 60 days.
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