H.
B.
2583
(By Delegate Michael)
[Introduced March 12, 1993; referred to the
Committee on the Judiciary.]
A BILL to amend 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 resilient floor covering.
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 by licensed 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 resilient floor covering materials, including sheet vinyl flooring, resilient tile 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 resilient floor covering materials using industry recommended work practices 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.