CHAPTER 400a*
ASBESTOS CONTRACTORS AND ASBESTOS CONSULTANTS

      Sec. 20-435. Asbestos contractors. Licenses. Fee. Renewal. On and after one year following the effective date of regulations adopted pursuant to section 20-440, no person shall provide services as an asbestos contractor in this state without a license issued by the commissioner. Applications for such license shall be made to the department on forms provided by it, shall be accompanied by a fee of five hundred dollars and shall contain such information regarding the applicant's qualifications as the department may require in regulations adopted pursuant to section 20-440, including, but not limited to, demonstrating that all employees have passed a training course approved by the department and have been issued a certificate by the department. The department shall approve the technical, equipment and personnel resources of each applicant. No person shall be issued a license to act as an asbestos contractor unless he obtains such approval. The commissioner may issue a license under this section to any person who is licensed in another state under a law which provides standards which are equal to or higher than those of Connecticut and is not subject to any unresolved complaints or pending disciplinary actions. Licenses issued pursuant to this section shall be renewed annually in accordance with the provisions of section 19a-88 upon payment of a fee of five hundred dollars.

      (P.A. 87-537, S. 3, 13; June Sp. Sess. P.A. 91-12, S. 28, 55; P.A. 95-196, S. 6.)

      History: June Sp. Sess. P.A. 91-12 increased fee for license renewal from two hundred fifty dollars to five hundred dollars; P.A. 95-196 required that employees have been issued a certificate by the department.

      See Sec. 19a-332 for applicable definitions.

      See Sec. 52-577a for statute of limitations on claims based on exposure to asbestos.

      Sec. 20-436. Asbestos consultants. Licenses. Fee. Renewal. (a) On and after one year following the effective date of regulations adopted pursuant to section 20-440, no person shall act as an asbestos consultant in this state without a license issued by the commissioner. Applications for such license shall be made to the department on forms provided by it, and shall be accompanied by a fee of two hundred dollars, and shall contain such information regarding the applicant's qualifications and experience in asbestos-related consultations as the department may require in regulations adopted pursuant to section 20-440. Except as provided in this section, no person shall be licensed as an asbestos consultant unless he completes a training course approved by the department, passes an examination prescribed by the department, receives a certificate issued by the department and satisfies employment experience and educational requirements established by the commissioner pursuant to section 20-441.

      (b) The commissioner may issue a license under this section without examination to any person who is licensed in another state under a law which provides standards equal to or higher than those of Connecticut and is not subject to any unresolved complaints or pending disciplinary actions. Licenses issued pursuant to this section shall be renewed annually in accordance with the provisions of section 19a-88 upon payment of a fee of two hundred dollars.

      (c) Notwithstanding the provisions of subsection (a) of this section, a person who between July 1, 1985, and November 1, 1994, has been employed for a minimum of two years as an asbestos consultant may be licensed as an asbestos consultant without the educational requirements established pursuant to subsection (a) of this section.

      (P.A. 87-537, S. 4, 13; June Sp. Sess. P.A. 91-12, S. 29, 55; P.A. 95-196, S. 7; 95-271, S. 33.)

      History: June Sp. Sess. P.A. 91-12 increased fee for license renewal from one hundred dollars to two hundred dollars; P.A. 95-196 divided former Subsec. (a) into Subsecs. (a) and (b), relettering former Subsec. (b) as (c), amended Subsec. (a) by requiring a certificate issued by the department and Subsecs. (a) and (c) by requiring specified education requirements in lieu of requirements established by the commissioner and further amended Subsec. (c) by deleting "one year following the effective date of regulations adopted pursuant to section 20-440" and substituting "November 1, 1994", which was the effective date of the regulations; P.A. 95-271 also amended Subsec. (b) (relettered by P.A. 95-196 as Subsec. (c)) by deleting "one year following the effective date of regulations adopted pursuant to section 20-440" and substituted "November 1, 1994", which was the effective date of the regulations.

      See Sec. 19a-332 for applicable definitions.

      See Sec. 52-577a for statute of limitations on claims based on exposure to asbestos.

      Sec. 20-437. Asbestos abatement workers. Certificate. Fee. Renewal. On and after one year following the effective date of regulations adopted pursuant to section 20-440, no person shall be employed as an asbestos abatement worker unless such worker has completed a training program on asbestos hazards and abatement procedures approved by the department and has been issued a certificate by the department. Applications for such certificate shall be made to the department on forms provided by the department and shall contain such information regarding the applicant's qualifications as may be required in regulations adopted pursuant to section 20-440, and shall be accompanied by a fee of twenty-five dollars. The department may issue a certificate under this section to any person who is licensed or certified in another state under a law which provides standards which are equal to or higher than those of this state, provided such person is not subject to any unresolved complaints or pending disciplinary actions. Certificates issued pursuant to this section shall be renewed annually in accordance with the provisions of section 19a-88 upon payment of a fee of twenty-five dollars.

      (P.A. 87-537, S. 5, 13; P.A. 95-196, S. 8; P.A. 03-87, S. 1.)

      History: P.A. 95-196 required a certificate issued by the department; P.A. 03-87 made a technical change, required applications for certificate to be on forms provided by the department and accompanied by twenty-five-dollar fee, authorized department to issue certificates to persons licensed or certified in another state, and made certificates renewable annually upon payment of twenty-five-dollar fee.

      See Sec. 19a-332 for applicable definitions.

      See Sec. 52-577a for statute of limitations on claims based on exposure to asbestos.

      Sec. 20-438. Asbestos abatement site supervisor. Certificate. Fee. Renewal. On and after one year following the effective date of regulations adopted pursuant to section 20-440, no person shall be employed as an asbestos abatement site supervisor unless such worker has completed a training program on the supervision of asbestos abatement approved by the department and has been issued a certificate by the department. Applications for such certificate shall be made to the department on forms provided by the department and shall contain such information regarding the applicant's qualifications as may be required in regulations adopted pursuant to section 20-440, and shall be accompanied by a fee of fifty dollars. The department may issue a certificate under this section to any person who is licensed or certified in another state under a law which provides standards which are equal to or higher than those of the state of Connecticut, provided such person is not subject to any unresolved complaints or pending disciplinary actions. Certificates issued pursuant to this section shall be renewed annually in accordance with the provisions of section 19a-88 upon payment of a fee of fifty dollars.

      (P.A. 87-537, S. 6, 13; P.A. 95-196, S. 9; P.A. 03-87, S. 2.)

      History: P.A. 95-196 required a certificate issued by the department; P.A. 03-87 made a technical change, required applications for certificate to be on forms provided by the department and accompanied by fifty-dollar fee, authorized department to issue certificates to persons licensed or certified in another state and made certificates renewable annually upon payment of a fifty-dollar fee.

      See Sec. 19a-332 for applicable definitions.

      See Sec. 52-577a for statute of limitations on claims based on exposure to asbestos.

      Sec. 20-439. Training programs. Approval. Fees. Periodic reviews. On and after the effective date of regulations adopted pursuant to section 20-440, asbestos abatement or asbestos consultation training programs serving to qualify asbestos abatement workers and asbestos abatement site supervisors for certification and asbestos consultants for certification shall be approved by the department. The department shall approve a training program upon determination that such program complies with such requirements as may be established in regulations adopted pursuant to section 20-440. Each application or reapplication for approval of a training program shall be accompanied by a fee of five hundred dollars. Each application for approval or reapproval of a refresher training program as required by section 20-441 shall be accompanied by a fee of two hundred fifty dollars. Each person offering an asbestos abatement or asbestos consultation training program shall furnish the department with a list of the persons who have successfully completed the course within thirty days of such completion. The department shall conduct periodic reviews of approved training courses and may revoke approval at any time it determines that the course fails to meet the requirements established in such regulations.

      (P.A. 87-537, S. 7, 13; P.A. 95-196, S. 10; P.A. 03-87, S. 3.)

      History: P.A. 95-196 changed references to employment and licensure to certification; P.A. 03-87 required applications or reapplications for training program approval to be accompanied by five-hundred-dollar fee and applications for refresher training program approval or reapproval to be accompanied by two-hundred-fifty-dollar fee.

      See Sec. 19a-332 for applicable definitions.

      See Sec. 52-577a for statute of limitations on claims based on exposure to asbestos.

      Sec. 20-440. Regulations. (a) The commissioner shall adopt regulations in accordance with the provisions of chapter 54 to administer the provisions of subsection (c) of section 19a-14, sections 19a-332 and 20-435 to 20-441, inclusive. Such regulations shall include, but not be limited to, the following: (1) Passing scores for licensure examination of asbestos consultants; (2) standards for the licensing of asbestos contractors; (3) standards for approval of training programs of asbestos abatement and asbestos consultation services under section 20-439, including standards for successful completion of such programs; (4) standards and procedures for suspension and revocation of certification of asbestos consultants, asbestos abatement workers and asbestos abatement supervisors; and (5) standards and procedures for suspension and withdrawal of approval of training programs.

      (b) The regulations required under subsection (a) of this section shall be revised, as necessary, to ensure that such regulations meet or exceed the requirements of the United States Environmental Protection Agency's model accreditation plan in accordance with federal regulations, as from time to time amended.

      (P.A. 87-537, S. 8, 13; P.A. 95-196, S. 11.)

      History: P.A. 95-196 added Subdivs. (4) and (5) re suspension and revocation of certification and suspension and withdrawal of approval of training programs and added Subsec. (b) re revision of regulations to meet federal requirements.

      See Sec. 19a-332 for applicable definitions.

      See Sec. 52-577a for statute of limitations on claims based on exposure to asbestos.

      Sec. 20-441. Regulations. Retraining. The commissioner may adopt regulations in accordance with the provisions of chapter 54 to provide for the periodic retraining of asbestos abatement site supervisors, asbestos abatement workers and asbestos consultants, and for the specification of closely related environmental science degrees.

      (P.A. 87-537, S. 9, 13; P.A. 95-196, S. 12.)

      History: P.A. 95-196 added reference to asbestos consultants.

      See Sec. 19a-332 for applicable definitions.

      See Sec. 52-577a for statute of limitations on claims based on exposure to asbestos.

      Sec. 20-442. Labor Department employees. Exemption. Employees of the Connecticut Labor Department performing their duties in accordance with chapter 571 and federal employees of the Occupational Safety and Health Administration performing their duties in accordance with the federal Occupational Safety and Health Act are exempt from the requirements of sections 19a-332d, 19a-332e and 20-435 to 20-441, inclusive.

      (P.A. 87-537, S. 11, 13; P.A. 95-196, S. 13.)

      History: P.A. 95-196 added Sec. 19a-332e to the list of exemptions (Revisor's note: A reference to "Department of Labor" was changed editorially by the Revisors to "Labor Department" for consistency with customary statutory usage).

      See Sec. 19a-332 for applicable definitions.

      See Sec. 52-577a for statute of limitations on claims based on exposure to asbestos.

      Secs. 20-443 to 20-449. Reserved for future use.