Florida Statutes 469.001 – Definitions
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Terms Used In Florida Statutes 469.001
- Abatement: means the removal, encapsulation, enclosure, or disposal of asbestos. See Florida Statutes 469.001
- AHERA: means the Asbestos Hazard Emergency Response Act of 1986, Florida Statutes 469.001
- Asbestos: means the asbestiform varieties of chrysotile, crocidolite, amosite, anthophyllite, tremolite, and actinolite. See Florida Statutes 469.001
- Asbestos consultant: means a person who offers to, undertakes to, submits a bid to, or does, individually or by employing others, conduct surveys for asbestos-containing materials, develop operation and maintenance plans, monitor and evaluate asbestos abatement, prepare asbestos abatement specifications, or perform related tasks. See Florida Statutes 469.001
- Asbestos contractor: means the person who is qualified and responsible for the contracted project and who offers to, undertakes to, submits a bid to, or does, individually or by employing others, remove, encapsulate, or enclose asbestos-containing materials or dispose of asbestos-containing waste in the course of activities including, but not limited to, construction, renovation, maintenance, or demolition. See Florida Statutes 469.001
- Asbestos-containing material: means any material which contains more than 1 percent asbestos as determined by polarized light microscopy. See Florida Statutes 469.001
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the Department of Business and Professional Regulation. See Florida Statutes 469.001
- Encapsulation: means the application of any coating to asbestos-containing material to prevent fiber release. See Florida Statutes 469.001
- Enclosure: means the construction of an airtight barrier around asbestos-containing material to prevent fiber release. See Florida Statutes 469.001
- NESHAP: means the National Emission Standards for Hazardous Air Pollutants, Florida Statutes 469.001
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Survey: means the process of inspecting a facility for the presence of asbestos-containing materials to determine the location and condition of asbestos-containing materials prior to transfer of property, renovation, demolition, or maintenance projects which may disturb asbestos-containing materials. See Florida Statutes 469.001
As used in this chapter:
(1) “Abatement” means the removal, encapsulation, enclosure, or disposal of asbestos.
(2) “AHERA” means the Asbestos Hazard Emergency Response Act of 1986, 15 U.S.C. § 2601, and any rules adopted thereunder.
(3) “Asbestos” means the asbestiform varieties of chrysotile, crocidolite, amosite, anthophyllite, tremolite, and actinolite.
(4) “Asbestos abatement worker” means a person who works as an employee under the direction of a licensed asbestos contractor, and includes any person directly engaged in abatement activities.
(5) “Asbestos consultant” means a person who offers to, undertakes to, submits a bid to, or does, individually or by employing others, conduct surveys for asbestos-containing materials, develop operation and maintenance plans, monitor and evaluate asbestos abatement, prepare asbestos abatement specifications, or perform related tasks.
(6) “Asbestos-containing material” means any material which contains more than 1 percent asbestos as determined by polarized light microscopy.
(7) “Asbestos contractor” means the person who is qualified and responsible for the contracted project and who offers to, undertakes to, submits a bid to, or does, individually or by employing others, remove, encapsulate, or enclose asbestos-containing materials or dispose of asbestos-containing waste in the course of activities including, but not limited to, construction, renovation, maintenance, or demolition.
(8) “Asbestos surveyor” means a person who works under the direction of a licensed asbestos consultant and engages in the survey and assessment of asbestos-containing materials. This term is synonymous with “inspector” under AHERA.
(9) “ASHARA” means the Asbestos School Hazard Reauthorization Act.
(10) “Department” means the Department of Business and Professional Regulation.
(11) “Encapsulation” means the application of any coating to asbestos-containing material to prevent fiber release.
(12) “Enclosure” means the construction of an airtight barrier around asbestos-containing material to prevent fiber release.
(13) “Friable” means the condition of any asbestos-containing materials which, when dry, may be crumbled, pulverized, or reduced to powder by hand pressure.
(14) “Management planner” means a person who works under the direction of a licensed asbestos consultant and engages in the development of asbestos abatement schedules or operation and maintenance plans.
(15) “NESHAP” means the National Emission Standards for Hazardous Air Pollutants, 40 C.F.R. part 61, subpart M.
(16) “NIOSH” means the National Institute for Occupational Safety and Health.
(17) “Onsite roofing supervisor” means a person who works under the direction of a roofing contractor certified pursuant to part I of chapter 489 and provides supervision of removal of asbestos-containing roofing materials at the project site at all times when such activities are being performed.
(18) “Onsite supervisor” means a person who works under the direction of a licensed asbestos contractor and provides supervision of abatement activities at the abatement project site at all times when such activities are being performed. This term is synonymous with “onsite representative” in the NESHAP asbestos standard.
(19) “Operation and maintenance plan” means a set of work practices and procedures undertaken to clean up previously released asbestos fibers, prevent future release of fibers by minimizing disturbance or damage to asbestos-containing materials, or monitor the condition of the asbestos-containing materials.
(20) “OSHA” means the Occupational Safety and Health Administration.
(21) “Project designer” means a person who works under the direction of a licensed asbestos consultant and engages in the design of project specifications for asbestos abatement projects.
(22) “Project monitor” means a person who monitors asbestos abatement projects for compliance with project specifications, applicable safety and health regulations, and other contract requirements under the direction of a licensed asbestos consultant.
(23) “Survey” means the process of inspecting a facility for the presence of asbestos-containing materials to determine the location and condition of asbestos-containing materials prior to transfer of property, renovation, demolition, or maintenance projects which may disturb asbestos-containing materials.
(24) “Training-course provider” means an entity or any of its agents engaged in providing training courses required by this chapter.