Delaware Code Title 16 Sec. 7803 – Certification required; fees; reciprocity
(a) No contractor shall hold that contractor’s self out to the public as being certified to engage in asbestos abatement, nor shall any contractor use or advertise any title or description intending to convey the impression that such contractor is certified to engage in asbestos abatement, unless such contractor has been certified in accordance with this chapter. No contractor or asbestos worker shall undertake any asbestos abatement work without having first been certified in accordance with this chapter.
Terms Used In Delaware Code Title 16 Sec. 7803
- Asbestos: includes chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos and any of these minerals that has been chemically treated and/or altered. See Delaware Code Title 16 Sec. 7802
- Asbestos abatement: shall mean any of the following activities except those which may be considered incidental during normal day-to-day operations and maintenance:
- Asbestos worker: shall mean any individual who performs asbestos abatement activities and/or work. See Delaware Code Title 16 Sec. 7802
- Contract: A legal written agreement that becomes binding when signed.
- Contractor: shall mean any corporation, company, association, firm, partnership, society, joint-stock company, sole proprietorship or individual that contracts to perform asbestos abatement, including the removal or encapsulation of asbestos. See Delaware Code Title 16 Sec. 7802
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(b) No person or contractor may assign, contract with, or permit any asbestos worker to perform asbestos abatement unless such asbestos worker is certified under this chapter.
(c) Any contractor or asbestos worker applying for certification under this chapter shall meet criteria prescribed by the Office of Management and Budget, which may include, but are not limited to the following:
(1) Contractors:
a. Previous experience or training in asbestos abatement work;
b. Type and size of equipment the contractor utilizes in asbestos abatement;
c. Ability of the contractor to perform asbestos abatement work;
(2) Asbestos workers:
a. Physical ability to perform asbestos abatement work without endangering the health and safety of themselves or others;
b. Free of any respiratory and/or health disorders which would prevent the person from wearing protective respiratory equipment;
c. Completion of a training program in asbestos abatement procedures approved by the Office of Management and Budget and periodic completion of approved retraining programs.
(d) Any contractor or asbestos worker may apply to the Office of Management and Budget for certification to perform asbestos abatement by submitting an application in the form specified by the Office of Management and Budget and the payment of such fees as may be established by the Office of Management and Budget.
(e) The fees for certification required pursuant to this chapter shall be established by the Office of Management and Budget in its rules and regulations. The fees may be adjusted periodically but shall approximate and reasonably reflect all costs necessary to defray the expenses incurred by the Office in operating the certification program.
(f) Asbestos workers certified by other states may request certification by reciprocity. The Office of Management and Budget will evaluate each request for reciprocity based upon evaluations of the quality of training received and quality of the other state‘s certification program.
66 Del. Laws, c. 35, § ?1; 70 Del. Laws, c. 186, § ?1; 75 Del. Laws, c. 88, § ?16(3);