CHAPTER 74:31:02

CERTIFICATION

Section

74:31:02:01        Levels of responsibility.

74:31:02:02        Certification requirements.

74:31:02:03        Certification exemptions.

74:31:02:04        Application procedures for certification -- Inspectors, management planners, and abatement project designers.

74:31:02:05        Application procedures for certification -- Asbestos abatement contractors and supervisors.

74:31:02:06        Application procedures for certification -- Asbestos abatement workers.

74:31:02:07        Length of certification.

74:31:02:08        Certification renewal.

74:31:02:09        Certification fees.

          74:31:02:01. Levels of responsibility. The levels of responsibility or disciplines of persons who work with asbestos abatement projects are as follows:

          (1)  Inspector;

          (2)  Management planner;

          (3)  Abatement project designer;

          (4)  Asbestos abatement supervisor or contractor; and

          (5)  Asbestos abatement worker.

          Source: 14 SDR 164, effective June 5, 1988; 18 SDR 95, effective December 2, 1991.

          General Authority: SDCL 34-44-3, 34-44-4.

          Law Implemented: SDCL 34-44-3, 34-44-4.

          74:31:02:02.  Certification requirements. The following are specific certification requirements for each discipline:

          (1)  Inspectors must complete a three-day training course as outlined in chapter 74:31:03;

          (2)  Management planners must complete the inspection training course and a two-day management planner training course as outlined in chapter 74:31:03;

          (3)  Abatement project designers must complete the three-day abatement project designer training course as outlined in chapter 74:31:03;

          (4)  Asbestos abatement contractors or supervisors must complete a five-day training course as outlined in chapter 74:31:03;

          (5)  Asbestos abatement workers must complete at least a four-day training course as outlined in chapter 74:31:03.

          Source: 14 SDR 164, effective June 5, 1988; 21 SDR 101, effective December 4, 1994.

          General Authority: SDCL 34-44-3.

          Law Implemented: SDCL 34-44-3, 34-44-4, 34-44-10.

          Cross-Reference: Examination requirements, § 74:31:05:02.

          74:31:02:03.  Certification exemptions. In addition to persons exempted under SDCL 34-44-33, persons working on small-scale, short-duration activities are exempt from the certification and training requirements of this article.

          Source: 14 SDR 164, effective June 5, 1988; 18 SDR 95, effective December 2, 1991; 21 SDR 101, effective December 4, 1994.

          General Authority: SDCL 34-44-3, 34-44-4.

          Law Implemented: SDCL 34-44-3, 34-44-4, 34-44-33.

          74:31:02:04.  Application procedures for certification -- Inspectors, management planners, and abatement project designers. To apply for certification as an inspector, management planner, or abatement project designer, the following information must be submitted to the department:

          (1)  The applicant's full name, social security number, occupation, name of business, address, and phone number;

          (2)  The discipline for which the applicant wishes certification;

          (3)  A copy of the training course diploma;

          (4)  Documentation that a passing score was received on the examination, if not included on the course diploma;

          (5)  A signed statement that the applicant has read, understands, and will comply with the applicable state and federal rules on asbestos.

          The application must be specific to one individual, but may include a request by that individual to be certified in more than one discipline.

          Source: 14 SDR 164, effective June 5, 1988.

          General Authority: SDCL 34-44-3, 34-44-11.

          Law Implemented: SDCL 34-44-10, 34-44-11.

          74:31:02:05.  Application procedures for certification -- Asbestos abatement contractors and supervisors. To apply for certification as an asbestos abatement contractor or supervisor, the following information must be submitted to the department:

          (1)  The applicant's full name, social security number, occupation, name of business, address, and phone number;

          (2)  The discipline for which the applicant wishes certification;

          (3)  A copy of the training course diploma;

          (4)  Documentation that a passing score was received on the examination, if not included on the course diploma;

          (5)  Documentation that demonstrates that each of the applicant's employees who works on or is directly responsible for an asbestos abatement project is certified under this article;

          (6)  A signed statement that the applicant has read, understands, and will comply with the applicable state and federal rules on asbestos.

          The application must be specific to one individual, but may include a request by that individual to be certified in more than one discipline.

          Source: 14 SDR 164, effective June 5, 1988.

          General Authority: SDCL 34-44-3, 34-44-11.

          Law Implemented: SDCL 34-44-10, 34-44-11.

          74:31:02:06.  Application procedures for certification -- Asbestos abatement workers. To apply for certification as an asbestos abatement worker, the following information must be submitted to the department:

          (1)  The applicant's full name, social security number, occupation, employer, address, and phone number;

          (2)  The discipline for which the applicant wishes certification;

          (3)  A copy of the training course diploma;

          (4)  Documentation that a passing score was received on the examination, if not included on the course diploma;

          (5)  A signed statement that the applicant has read, understands, and will comply with the applicable state and federal rules on asbestos.

          The application must be specific to one individual, but may include a request by that individual to be certified in more than one discipline.

          Source: 14 SDR 164, effective June 5, 1988.

          General Authority: SDCL 34-44-3, 34-44-16.

          Law Implemented: SDCL 34-44-14, 34-44-16.

          74:31:02:08.  Certification renewal. For recertification, an applicant must submit the information outlined in § 74:31:02:04, 74:31:02:05, or 74:31:02:06, as applicable, as well as a copy of the most recent certificate issued to the applicant by the department. The applicant must show proof of attendance at the annual refresher course required for the applicant's discipline or disciplines in accordance with § 74:31:02:07 and that the applicant has passed the required examination for the discipline every third year. If the applicant has not attended the refresher course within this time limit, the applicant must successfully complete the initial training course again.

          Source: 14 SDR 164, effective June 5, 1988; 16 SDR 88, effective November 14, 1989; 18 SDR 95, effective December 2, 1991.

          General Authority: SDCL 34-44-3, 34-44-11, 34-44-16.

          Law Implemented: SDCL 34-44-11, 34-44-15, 34-44-16.

          Cross-Reference: Examination requirements, § 74:31:05:02.

          74:31:02:09.  Certification fees. The fee for each new application for certification is $100. The fee for each application for certification renewal is $50. Supervisors and employees of the state, counties, municipalities, and other political subdivisions are exempt from any certification fees required by this article while performing official duties.

          Source: 14 SDR 164, effective June 5, 1988.

          General Authority: SDCL 34-44-3, 34-44-27.

          Law Implemented: SDCL 34-44-27.