Ohio § 3710.01

§ 3710.01.

As used in this chapter: (A) “ Asbestos ” means the asbestiform varieties of serpentine (chrysotile), riebeckite (crocidolite),

cummingtonite-grunerite, anthophylite, and actinolite-tremolite as determined using

the method specified in 40 C.F.R. Part 763, Subpart E, Appendix E , Section 1 , Polarized Light Microscopy (PLM). (B) “ Asbestos hazard abatement activity ” means any activity involving the removal, renovation, enclosure, repair, encapsulation,

or operations and maintenance of reasonably related friable asbestos-containing materials

in an amount greater than three linear feet or three square feet. (C) “ Asbestos hazard abatement contractor ” means a business entity or public entity that engages in or intends to engage in

asbestos hazard abatement projects and that employs or supervises one or more asbestos

hazard abatement specialists for asbestos hazard abatement activities.  “Asbestos hazard abatement contractor” does not mean an employee of an asbestos

hazard abatement contractor, a general contractor who subcontracts to an asbestos

hazard abatement contractor an asbestos hazard abatement project, or any individual

who engages in an asbestos hazard abatement project in the individual's own home. (D) “ Asbestos hazard abatement project ” means one or more asbestos hazard abatement activities the sum total of which is

greater than fifty linear feet or fifty square feet of friable asbestos-containing

materials and is conducted by one asbestos hazard abatement contractor.  “ Asbestos hazard abatement project ” includes any such activity involving such friable asbestos-containing materials

in an amount of fifty linear feet or fifty square feet or less if, when combined with

any other reasonably related activity in terms of time or location of the activity,

the total amount is in an amount greater than fifty linear feet or fifty square feet. (E) “ Asbestos hazard abatement specialist ” means a person with responsibility for the oversight or supervision of asbestos

hazard abatement activities, including asbestos hazard abatement project managers,

hazard abatement project supervisors and foremen, and employees of school districts

or other governmental or public entities who coordinate or directly supervise or oversee

asbestos hazard abatement activities performed by school district, governmental, or

other public employees in school district, governmental, or other public buildings. (F) “ Asbestos hazard evaluation specialist ” means a person responsible for the inspection, identification, detection, and assessment

of asbestos-containing materials or suspect asbestos-containing materials, the determination

of appropriate response actions, or the preparation of asbestos management plans for

the purpose of protecting the public health from the hazards associated with exposure

to asbestos, including the performance of air and bulk sampling.  This category of specialists includes inspectors, management planners, health professionals,

industrial hygienists, private consultants, or other individuals involved in asbestos

risk identification or assessment or regulatory activities. (G) “ Business entity ” means a partnership, firm, association, corporation, sole proprietorship, or other

business concern. (H) “ Public entity ” means the state or any of its political subdivisions or any agency or instrumentality

of either. (I) “ License ” means a document issued by the director of environmental protection to a business

entity or public entity affirming that the entity has met the requirements set forth

in this chapter to engage in asbestos hazard abatement projects as an asbestos hazard

abatement contractor. (J) “ Certificate ” means: (1) A document issued by the director to an individual affirming that the individual

has successfully completed the training and other requirements set forth in this chapter

to qualify as an asbestos hazard abatement specialist, an asbestos hazard evaluation

specialist, an asbestos hazard abatement worker, an asbestos hazard abatement project

designer, an asbestos hazard abatement air-monitoring technician, an approved asbestos

hazard training provider, or other category of asbestos hazard specialist that the

director establishes by rule;  or (2) A document issued by a training institution in accordance with rules adopted by the

director affirming that an individual has successfully completed the instruction required

in all categories as provided in sections 3710.07 and 3710.10 of the Revised Code . (K) “ Person ” means any individual, business entity, governmental body, or other public or private

entity. (L) “ Encapsulate ” means to coat, bind, or resurface walls, ceilings, pipes, or other structures for

asbestos-containing materials with suitable products to prevent friable asbestos from

becoming airborne. (M) “ Friable asbestos-containing material ” means friable asbestos material as defined in rules adopted under Chapter 3704.

of the Revised Code. (N) “ Enclosure ” means the permanent confinement of friable asbestos-containing materials with an

airtight barrier in an area not used as an air plenum. (O) “ Renovation ” means altering a facility or one or more facility components in any way, including

the stripping or removal of friable asbestos-containing material from a facility component. (P) “ Asbestos hazard abatement worker ” means the person responsible in a nonsupervisory capacity for the performance of

an asbestos hazard abatement activity. (Q) “ Asbestos hazard abatement project designer ” means the person responsible for the oversight of an asbestos hazard abatement activity

or the determination of the workscope, work sequence, or performance standards for

an asbestos hazard abatement activity, including preparation of specifications, plans,

and contract documents. (R) “ Clearance air sampling ” means an air sampling performed after the completion of any asbestos hazard abatement

project and prior to the reoccupation of the contained work area by the public and

conducted for the purpose of protecting the public from the health hazards associated

with exposure to friable asbestos-containing material. (S) “ Asbestos hazard abatement air-monitoring technician ” means the person who is responsible for environmental monitoring or work area clearance

air sampling, including air monitoring performed to determine completion of response

actions under the rules set forth in 40 C.F.R. 763 Subpart E , adopted by the United States environmental protection agency pursuant to the “Asbestos

Hazard Emergency Response Act of 1986,” Pub. L. 99-519, 100 Stat. 2970. “ Asbestos hazard abatement air-monitoring technician ” does not mean an industrial hygienist certified by the American board of industrial

hygiene.