CSLB Proposes Asbestos Certification Regs

UPDATE: CSLB, New C-22 Asbestos Classification Update; CSLB, Proposed New C-22 Asbestos Classification in the Works (Apr. 2, 2014)

The California Contractors State License Board (CSLB) recently posted notice of a proposal to add to its regulations located at Title 16, Division 8, Article 3 of the California Code of Regulations (CCR) sections governing an asbestos abatement contractor classification. Any person interested may present statements or arguments orally or in writing at the hearing to be held at the CSLB’s offices located at 9821 Business Park Drive, Sacramento, California 95827, at 11:00 a.m. on March 25, 2014. Written comments — including those submitted by mail, facsimile or email — must be received by the CSLB not later than 5:00 p.m. on March 24, 2014 or at the hearing.

As set forth in the notice, the proposal is to adopt regulations to establish a specialty classification for an asbestos abatement contractor, including the related scope of work. The proposed specific provisions of § 832.22 are:

 Subsection (a) establishes the scope of work for the C-22 – asbestos abatement specialty classification that shall be done in accordance with Division of Occupational Safety and Health (DOSH) requirements.
 Subsection (b) requires DOSH registration (or an active application for registration in process) for asbestos classification holders.
 Subsection (c) requires proof of DOSH registration within 90 days after the asbestos abatement contractor license is issued, if applicable.
 Subsection (d) establishes experience requirements for applicants for the asbestos abatement contractor classification.
 Subsection (e) requires proof of current DOSH registration as a condition precedent to the renewal of an asbestos abatement contractor license.
 Subsection (f) limits the scope of work of the C-22 – asbestos abatement classification to exclude other construction-related duties or hazardous substance removal or remediation unless the asbestos abatement contractor is otherwise duly licensed to do so.

The proposed specific provisions of § 833 are:

 Subsection (a) clarifies the stand-alone nature of the C-22 – asbestos abatement contractor classification.
 Subsection (b) clarifies that in order for a Class B – general building contractor to contract for any project that includes asbestos abatement work, he/she must hold the C-22 – asbestos abatement classification or the § 7058.5 asbestos certification and DOSH registration or subcontract with an appropriately licensed contractor.
 Subsection (c) clarifies the overlay nature of the § 7058.5 asbestos certification, in that it operates in conjunction with other classification(s) held by the licensed contractor.
 Subsection (d) allows for the waiver of the written trade examination for the C-22 – asbestos abatement contractor classification under certain

The proposed text of the regulations is:

Ҥ 832.22. Class C-22 РAsbestos Abatement Contractor.

(a) 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 Division of Occupational Safety and Health (DOSH) of the Department of Industrial Relations.

(b) The Board shall not issue an asbestos abatement contractor license unless the applicant or contractor is duly registered with DOSH pursuant to Section 6501.5 of the Labor Code or has an active application for registration in process with DOSH.

(c) Within 90 days after the asbestos abatement contractor license is issued, the contractor shall submit to the Board proof that he or she is duly registered with DOSH pursuant to Section 6501.5 of the Labor Code.

No asbestos abatement work shall be performed nor documentation prepared until the contractor has submitted proof of his or her DOSH registration to the Board. Failure of a licensee to provide proof of current registration with DOSH within 90 days after issuance shall result in the automatic suspension of the license or removal of the C-22 – asbestos abatement contractor classification at the end of the 90 days.

(d) Every applicant for the C-22 – asbestos abatement contractor classification must have had, within the last 10 years immediately preceding the filing of the application, not less than four years of experience as a journeyman, foreman, or supervising employee working for a licensed contractor who holds the C-22 – asbestos abatement contractor classification or the asbestos certification, as defined in Section 7058.5 of the Code, and DOSH registration.

(e) The Board shall require as a condition precedent to the renewal of an asbestos abatement contractor license that the licensee have on file proof of current registration with DOSH pursuant to Section 6501.5 of the Labor Code.

(f) This classification does not include any addition to or alteration, repair, or rehabilitation of the permanently retained portions of such buildings and structures. Hazardous substance removal and remediation, as defined in Section 7058.7 of the Business and Professions Code, are specifically not included in this classification.”

Ҥ 833. Asbestos Classification and Certification Limitations and Examination Requirement.
(a) The C-22 – asbestos abatement contractor classification shall operate as a stand-alone specialty contractor classification for asbestos abatement work, notwithstanding any other classification held by the licensed contractor.
(b) No general building contractor, as defined in Section 7057 of the Code, shall contract for any project that includes asbestos abatement work unless the general building contractor holds the C-22 – asbestos abatement contractor classification or the asbestos certification, as defined in Section 7058.5 of the Code, and DOSH registration or unless the general building contractor subcontracts with an appropriately licensed contractor.
(c) The asbestos certification, as defined in Section 7058.5 of the Code, shall operate in conjunction with other classification(s) held by the licensed contractor. No licensed contractor who holds the asbestos certification shall contract for any project that includes asbestos abatement work in a trade for which the contractor is not licensed, unless the licensee also holds the C-22 – asbestos abatement contractor classification.
(d) The Registrar may waive the trade examination, pursuant to Section 7065.3, for the C-22 – asbestos abatement contractor classification for a licensed contractor who holds the asbestos certification, as defined in Section 7058.5 of the Code, upon application and conclusive showing by the licensee that he or she possesses not less than four years journey-level experience in the C-22 – asbestos abatement contractor classification within the last 10 years immediately preceding the filing of the application.
The licensee shall have obtained the asbestos certification after having passed the written asbestos certification examination and shall have held the asbestos certification in active and good standing throughout the four-year experience period at a minimum.”

The proposed regulatory action will allow the existing asbestos certification to continue in its current state as an overlay to classification(s) held by the certification holder and will establish a stand-alone asbestos abatement classification with appropriate experience and examination requirements. It will also allow contractors who focus their asbestos abatement work in a limited number of classifications to remain with the existing asbestos certification and will allow contractors who specialize in asbestos abatement work throughout a building to obtain the new asbestos abatement specialty classification. Ultimately, the new regulations will expand the avenues through which a licensed contractor can be authorized to perform asbestos abatement work.

Inquiries or comments concerning the proposed administrative action are to be addressed to:

Contractors State License Board 9821 Business Park Drive Sacramento, CA 95827 Attn: Betsy Figueira (916) 255-3369 (916) 255-6335 (FAX)
Betsy.Figueira@cslb.ca.gov The backup contact person is:
Karen Robinson (916) 255-4298 (916) 255-6335 (FAX)
Karen.Robinson@cslb.ca.gov

Additional Sources: Contractors State License Board; California Contractors State License Board Confirms Asbestos Certification Does Not Authorize Universal Removal/Abatement