Senate Bill No. 494

(By Senator Chernenko)

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[Introduced March 22, 1993; referred to the Committee
Energy, Industry and Mining.]

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A BILL to amend and reenact section eleven, article thirty-two, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to requirements for removal of asbestos; and exempting certain types of nonfriable material including resilient floor covering, asphalt roofing products, packings and gaskets.

Be it enacted by the Legislature of West Virginia:
That section eleven, article thirty-two, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 32. LICENSURE OF ASBESTOS ABATEMENT PROJECT DESIGNER, INSPECTORS, CONTRACTORS, MANAGEMENT PLANNERS, WORKERS AND SUPERVISORS.

§16-32-11. Exemptions from notification and licensure.

In an emergency that results from a sudden unexpected event that is not a planned renovation or demolition, the director may waive the requirement of twenty days prior notification bylicensed asbestos contractors.
Facilities presently operating under federal O.S.H.A. standards for removing and handling asbestos on owned premises, shall be exempt.
The requirements of this article shall not apply to any removal or other activity involving nonfriable materials including resilient floor covering materials, sheet vinyl flooring, resilient tile, asphalt roofing products, packings and gaskets and associated adhesives: Provided, That (1) the removal is performed consistent with resilient tile and associated manufacturer's recommended work practices; (2) the persons performing the removal are not required to obtain asbestos accreditation under applicable federal asbestos requirements, including regulations promulgated by the United States environmental protection agency; and (3) written notification of the time, place and entity performing the removal is provided to the department at least five days prior to commencement of the removal.



NOTE: The purpose of this bill is to exempt removal of nonfriable materials, including resilient floor covering materials, sheet vinyl flooring, resilient tile, asphalt roofing products, packings and gaskets and associated adhesives, from asbestos removal requirements.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.