SECTION 296.47. Initial and Renewal License Requirements for a Company

(a) Initial and renewal licensure requirements. To receive or renew a license as an asbestos abatement contractor, asbestos operations and maintenance (O&M) contractor, asbestos management planner agency, asbestos consultant agency, asbestos transporter, or asbestos laboratory, an applicant must submit a complete application as required under §296.42 of this chapter (Initial and Renewal Applications) and the documentation required in this section. An out-of-state applicant must comply with §296.44 of this chapter (relating to Out-of-State Applicants).

(b) Initial requirements. An applicant for an initial license must submit the following:

(1) the name and license number of the appointed responsible person for an asbestos abatement contractor, an asbestos O&M contractor, a management planner agency, or an asbestos consultant agency;

(2) a copy of the current training certificate for the appointed responsible person documenting that training was completed as required in §296.73 of this chapter (relating to Asbestos Training Courses) for:

(A) an asbestos abatement contractor or asbestos O&M contractor--the Asbestos Contractor/Supervisor course;

(B) a management planner agency--the Asbestos Management Planner course; or

(C) a consultant agency--the Asbestos Inspector, Asbestos Management Planner, Asbestos Air Monitoring Technician, and Asbestos Project Designer courses;

(3) in relation to the applicant's franchise tax account status, whichever applies:

(A) a certificate of account status from the Texas Comptroller of Public Accounts regarding the applicant's franchise tax account status, if the applicant is a taxable entity, as defined in Texas Tax Code §171.0002; or

(B) documentation that the applicant is not a taxable entity or is otherwise not subject to or exempt from franchise tax; and

(C) any verification relating to subparagraph (A) or (B) of this paragraph requested by DSHS;

(4) a copy of the applicant's assumed name certificate, with proof of required filing, if the applicant conducts business or renders professional services under an assumed name (commonly referred to as a DBA or "doing business as");

(5) if the applicant is an entity, as defined in Texas Business Organizations Code §1.002:

(A) documentation issued by the Secretary of State that verifies:

(i) a domestic entity's existence; or

(ii) a foreign entity's registration and authorization to conduct business in Texas; or

(B) if the applicant is a foreign entity to which §296.44(d) of this chapter applies, the applicant must submit a sworn affidavit that meets the requirements of that subsection;

(6) if the applicant is a nonfiling entity or a foreign nonfiling entity, as those terms are defined in Texas Business Organizations Code §1.002, documentation of that status on the application and any verification of that status requested by DSHS;

(7) a taxpayer identification number;

(8) the applicant's Texas sales tax permit number from the Texas Comptroller of Public Accounts, if applicable;

(9) the physical address of the central location where asbestos records are maintained, as required by §296.291 of this chapter (relating to Recordkeeping);

(10) proof of required insurance in accordance with §1954.105(c) of the Act and as required in §296.45 of this chapter (relating to Insurance Requirements) for:

(A) an asbestos abatement contractor or an asbestos O&M contractor--asbestos abatement liability coverage, including pollution liability coverage, if performing work for hire, and workers' compensation insurance, where required;

(B) an asbestos management planner agency, asbestos consultant agency, or an asbestos laboratory--professional liability insurance for errors and omissions, if performing work for hire and workers' compensation insurance, where required;

(C) an asbestos transporter--liability insurance coverage, including pollution liability coverage to transport for hire ACM for purposes of disposal and workers' compensation coverage insurance, where required;

(11) a copy of the applicant's standard operating procedures for an asbestos abatement contractor relating to activities involving ACBM or an asbestos O&M contractor relating to SSSD O&M activities involving ACBM in accordance with 29 CFR §1926.1101(g)(9), that must include the following:

(A) a written respiratory protection plan to be maintained and adhered to during periods of abatement activity;

(B) a description of on-site personnel decontamination procedures;

(C) a description of the procedures for handling and disposal of ACWM;

(D) a description of the engineering controls and work practices for asbestos abatement;

(E) a description of personal air monitoring procedures;

(F) a description of final cleanup procedures; and

(G) a description of the provisions for recordkeeping;

(12) for an asbestos transporter applicant, a copy of the applicant's emergency response plan prepared in compliance with 29 CFR §1910.120(q), unless exempt under the requirements of that section, which must include, without limitation:

(A) pre-emergency planning and coordination with outside parties;

(B) personnel roles, lines of authority, training, and communication;

(C) emergency recognition and prevention;

(D) safe distances and places of refuge;

(E) site security and control;

(F) evacuation routes and procedures;

(G) decontamination;

(H) emergency medical treatment and first aid;

(I) emergency alerting and response procedures;

(J) critique of response and follow-up; and

(K) personal protection equipment and emergency equipment; and

(13) the following proof applicable to each type of analysis for which an asbestos laboratory applicant is applying for a license to perform:

(A) accreditation by the NVLAP for analysis of bulk samples by polarized light microscopy (PLM), if the laboratory is applying to perform PLM bulk analysis;

(B) accreditation by the NVLAP for analysis of air samples by transmission electron microscopy (TEM), if the laboratory is applying to perform TEM air analysis; or

(C) if the laboratory is applying to perform phase contrast microscopy (PCM) air analysis, proof of at least one of the following:

(i) accreditation by the American Industrial Hygiene Association (AIHA) Industrial Hygiene Laboratory Accreditation Program and AIHA's most recent PCM proficiency testing results for the laboratory;

(ii) proficiency according to the standards of the AIHA proficiency analytical testing (PAT) Program, including quarterly proficiency testing for airborne fibers by PCM and a quality assurance/quality control program, in accordance with the NIOSH 7400 method; or

(iii) proficiency of the individual laboratory analysts through the AIHA asbestos analyst registry (AAR) and the most recent proficiency testing results.

(c) Renewal requirements. An applicant renewing a license must submit the documentation as required for the initial application in subsection (b)(1)-(10) of this section.

(d) Qualification renewal requirements. Licensees must not allow required qualifications (such as accreditation, DSHS's Physician's Written Statement form for the responsible person, or insurance requirements) to expire and continue to work as a licensee.

Source Note: The provisions of this §296.47 adopted to be effective July 8, 2021, 46 TexReg 3880