N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 56-3.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 56-3.1 - Licensing requirements and procedures

(a) License required. No asbestos contractor shall engage in an asbestos project unless such asbestos contractor has a valid asbestos-handling license issued by the commissioner.

(b) All firms, corporations, or other business entities performing work as asbestos abatement contractors, management planners, project designers, project monitors, allied trades people, inspectors or air sampling monitors shall obtain an asbestos handling license. In addition, individuals employed by such firms, corporations or other business entities shall obtain required and approved training and asbestos certificates appropriate to the tasks performed.

(c) Proof of license. A copy of a valid asbestos handling license or other proof of the issuance of a valid asbestos handling license deemed suitable by the commissioner shall be submitted by the bidder to the party soliciting bids prior to the award of any contract (public or private), all or part of which involves an asbestos project.

(1) Exception. If the asbestos contractor is a subcontractor to a prime contractor, the proof of license must be submitted by the prime contractor to the party that awarded the contract, prior to retaining such subcontractor.

(d) Display of license. A copy of a valid asbestos handling license for all firms, corporations, or other business entities performing work on the asbestos project shall be conspicuously displayed proximate to but outside the regulated abatement work area, during Phase IB and Phase I IA through IID of an asbestos project.

(e) Application for license and renewal.

(1) Completed applications for a license or renewal of license shall be sent to the address specified in the application package, accompanied by a nonrefundable application fee in the amount set forth in section 903 of the Labor Law. The fee shall be paid in any form, except cash, deemed acceptable by the Commissioner of Labor in the application package. All payments shall be made payable to the Commissioner of Labor. Any payments which are voided or returned to the commissioner for any reason shall be subject to a return processing fee in the amount allowed by law and any entity submitting such payments to the department may be subject to all other appropriate penalties set forth in statute and code, including but not limited to the immediate suspension or revocation of any license granted on the basis of such payment.

(2) All applications for asbestos handling licenses shall be submitted in writing on forms furnished by the commissioner. Copies of such forms may be obtained from the New York State Department of Labor, Asbestos Licensing and Certification Unit.

(3) Completion of such forms requires inclusion of any information required by the commissioner.

(4) Each license application shall contain a verified statement by the asbestos contractor applying for the license or its duly authorized representative, that any person employed by the asbestos contractor on any asbestos project shall have a valid asbestos handling certificate as required by this Part, that the asbestos contractor shall provide such person with a copy of this Part and notify him or her of the obligation to abide by its provisions, and that the asbestos contractor shall abide by all the rules and regulations promulgated by the Commissioners of Labor and Health pursuant to article 30 of the Labor Law. Each license application shall include the name of the certified supervisor designated as the contractor's agent, as required by section 902 (1) of the Labor Law. The certified supervisor requirement shall only apply to asbestos contractor applicants that perform asbestos abatement operations. For non-abatement asbestos contractors, a notarized statement must be included with the license application that indicates their firm's activities shall not include actual asbestos abatement operations during the period for which the license is valid. Any changes or follow-up to the information contained in the asbestos contractor's license application (including but not limited to changes in address, principals, ownership, designated supervisor[s], and insurance coverage) shall be reported in writing to the Asbestos Licensing and Certification Unit, New York State Department of Labor, within 30 calendar days of the effective date of any change.

(5) The commissioner shall notify the license applicant in writing, no later than 30 days from receipt of the license application, of the issuance or denial of the license or the need for further information from the applicant in order to process the license application. Notification of denial of a license on any grounds other than failure to complete the license application shall set forth the grounds for such denial.

(6) An applicant denied a license on any grounds other than failure to complete a license application may request a hearing before the commissioner or his or her designee by submitting a written request for such hearing within 10 days of receipt of denial.

(7) An asbestos handling license shall be valid for a period of one year from date of issuance.

(8) Approximately two months prior to the expiration of an asbestos handling license, the commissioner shall contact the license holder and inform him or her of the need to renew the asbestos handling license. The commissioner shall also furnish a renewal application to the licensee. The renewal application may request the license holder to inform the commissioner of any changes in information previously provided to the Division of Safety and Health, Licensing and Certification Unit, and any other information deemed by the commissioner to be relevant.

(9) The commissioner shall notify license renewal applicants in writing of the issuance or denial of the license renewal or the need for further information from the applicant in order to process the renewal application. Notification of denial of a license renewal on any grounds other than failure to complete the renewal application shall set forth the grounds for such denial.

(10) An applicant denied renewal of a license on any grounds other than failure to complete a license renewal application may request a hearing before the commissioner or his or her designee by submitting a written request for such hearing within 10 days of receipt of denial.

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 56-3.1