Michigan Laws 338.3403 – Asbestos-related work in school or public and commercial buildings requiring certificate of accreditation and annual reaccreditation; applicability of section to certain asbestos work
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(1) A person shall not perform the following asbestos-related work in a school building or a public and commercial building in this state unless that person receives a certificate of accreditation and maintains annual reaccreditation through training, examination, and continuing education under this act:
(a) Inspect for asbestos-containing materials in a school building or a public and commercial building, except for a person who is certified by the American board of industrial hygiene as a certified industrial hygienist under standards acceptable to the department.
Terms Used In Michigan Laws 338.3403
- Asbestos: means a group of naturally occurring minerals that separate into fibers, including chrysotile, amosite, crocidolite, anthophyllite asbestos, tremolite asbestos, and actinolite asbestos. See Michigan Laws 338.3402
- Asbestos model accreditation plan: means the asbestos model accreditation plan issued by the environmental protection agency, appendix C to subpart E of part 763 of title 40 of the code of federal regulations. See Michigan Laws 338.3402
- Asbestos-related work: means an activity or task performed by a person working with asbestos in buildings, including, but not limited to, inspection, management plan development, the design or conduct of response actions, and remedial work. See Michigan Laws 338.3402
- Department: means the department of consumer and industry services. See Michigan Laws 338.3402
- Person: means an individual, partnership, association, corporation, public or private agency, or other legal entity. See Michigan Laws 338.3402
- Public and commercial building: means the interior space of a building that is not a school building, a residential apartment building of fewer than 10 units, or a detached single family home. See Michigan Laws 338.3402
- School: means a private or public elementary or secondary institution of learning including grades kindergarten through 12. See Michigan Laws 338.3402
- School building: means 1 or more of the following at a school:
(i) A structure suitable for use as a classroom, including a school laboratory, library, eating facility, or food preparation facility. See Michigan Laws 338.3402state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(b) Prepare an asbestos management plan for a school building.
(c) Design a response action beyond the scope of a small-scale, short-duration operation, maintenance and repair activity, or a response action to a major fiber release episode, as those terms are defined in the asbestos model accreditation plan.
(d) Conduct a response action beyond the scope of a small-scale, short-duration operation, maintenance and repair activity, or an activity that involves a major fiber release episode, as those terms are defined in the asbestos model accreditation plan.
(2) This section does not apply to class II asbestos work that only involves the removal or disturbance of 1 generic category of building material, class III asbestos work, or class IV asbestos work that is not performed in a regulated area, as those terms are defined in the occupational safety and health administration’s standards for occupational exposure to asbestos in the construction industry, 59 F.R. 1926.1101, p. 41132 (August 10, 1994).