Gravel2Gavel Construction & Real Estate Law Blog
January 1, 2015, the new C-22 Asbestos Abatement contractor license classification in California became official. The Asbestos Certification (contemplated by Business & Professions Code § 7058.5) continues to be available for contractors who perform asbestos-related work only within the scope of their contractor licenses and these contractors are not required to add the C-22 classification to their existing license.
The C-22 Asbestos Abatement contractor license classification description is as follows:
“An asbestos abatement contractor performs abatement, including containment, encapsulation, or removal, and disposal of asbestos containing construction materials, as defined in Section 6501.8 of the Labor Code, in and on buildings and structures.
All work performed and all documentation prepared by an asbestos abatement contractor shall be done in accordance with regulations and requirements of the Department of Industrial Relations’ Division of Occupational Safety and Health (DOSH).
The C-22 Asbestos Abatement contractor classification operates as a stand-alone specialty contractor classification for asbestos abatement work, regardless of any other classification(s) that may be held by the licensed contractor, and functions within the scope of the contractor’s DOSH registration.”
The C-22 classification scope of work does not include any addition to or alteration, repair, or rehabilitation of the permanently retained portions of buildings and structures, and hazardous substance removal and remediation are specifically not included in the C-22 classification scope.
The application process to obtain a C-22 Asbestos Abatement contractor license classification or to add it to an existing license requires the applicant or contractor to be duly registered with DOSH pursuant to Labor Code § 6501.5, or to have an active application for registration in process with DOSH. At the latest, the licensee is required to submit to CSLB proof that he or she is duly registered with DOSH within 90 days after the C-22 Asbestos Abatement contractor license is issued or the classification is added to an existing license. No asbestos abatement work under the C-22 license is permitted until the licensee has submitted proof to CSLB of its DOSH registration and, if the licensee fails to submit proof, its license will be automatically suspended or the C-22 classification removed from its license at the end of the 90 days. The CSLB confirmed in its Spring 2015 Newsletter that 49 contractors have been issued a C-22 license.
The asbestos certification continues to operate as an overlay to other classification(s) held by a licensed contractor. Holders of an asbestos certification are permitted to perform asbestos abatement work in the trade(s) for which they are licensed and as allowed by their DOSH registration, without the need to add the C-22 Asbestos Abatement contractor classification to their existing license. No contractor is permitted to contract for any project that includes asbestos abatement work in a trade for which the contractor is not licensed unless they subcontract with and the work is performed by an asbestos abatement contractor who is duly licensed to perform such work.
Additional Resource: CSLB Spring 2015 Newsletter, CSLB Offers New C-22 Asbestos Abatement License; CSLB, New C-22 Asbestos Abatement Classification