SECTION 296.56. Asbestos Management Planner

(a) License required. A person must be licensed as an asbestos management planner to develop a plan to manage asbestos in a public building.

(b) Licensee scope of practice.

(1) An asbestos management planner may develop a management plan and perform the duties of a licensed asbestos inspector.

(2) An asbestos management planner must not be employed as a management planner at a company that employs another asbestos management planner, asbestos consultant, or an asbestos inspector, unless the company is licensed as an asbestos management planner agency, as required in §296.57 of this chapter (relating to Asbestos Management Planner Agency), or an asbestos consultant agency, as required in §296.59 of this chapter (relating to Asbestos Consultant Agency).

(c) Licensee responsibilities. An asbestos management planner must:

(1) comply with standards of operation and sampling schemes, as required in §296.191 of this chapter (relating to Asbestos Management in a Public Building, Commercial Building, or Facility);

(2) prepare asbestos survey reports, as required in §296.53(c)(2) of this chapter (relating to Asbestos Inspector);

(3) prepare a management plan for a school in accordance with AHERA;

(4) include the following, at a minimum, for any other management plan that is not subject to AHERA:

(A) the date of the asbestos survey;

(B) a copy of the asbestos survey report, prepared as required in §296.53(c)(2) of this chapter;

(C) a description of assessments of all ACBM within the scope of the management plan;

(D) for each person making the assessment:

(i) the person's name and signature; and

(ii) Texas license number;

(E) a description of any recommended response action or preventative measures needed to reduce asbestos exposure or address potential hazards related to asbestos; and

(F) a recommendation to address ACBM that is in poor condition (damaged or separating from building material or equipment) and the requirement to address ACBM that will be disturbed as part of any renovation, demolition, or O&M activity;

(5) sign, date, and print the asbestos management planner's name and license number on the asbestos survey report and management plan, including on all drawings;

(6) cooperate with DSHS personnel during any inspection or investigation, as required in §296.271 of this chapter (relating to Inspections and Investigations); and

(7) comply with recordkeeping requirements, as required in §296.291 of this chapter (relating to Recordkeeping).

Source Note: The provisions of this §296.56 adopted to be effective July 8, 2021, 46 TexReg 3880