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.