§ 23.1-06-05 — Licensing of asbestos and lead-based paint contractors and certification of asbestos and lead-based paint workers

of asbestos and lead-based paint workers.
1. The department shall administer and enforce a licensing program for asbestos
contractors and lead-based paint contractors and a certification program for asbestos
workers and lead-based paint workers. To do so, the department shall:

a. Require training of, and to examine, asbestos workers and lead-based paint
workers.
b. Establish standards and procedures for the licensing of contractors, and the
certification of asbestos workers engaging in the abatement of friable asbestos
materials or nonfriable asbestos materials that become friable during abatement,
and establish performance standards for asbestos abatement. The performance
standards will be as stringent as those standards adopted by the United States
environmental protection agency pursuant to section 112 of the federal Clean Air
Act [42 U.S.C. 7401 et seq.], as amended.
c. Establish standards and procedures for licensing contractors and certifying
lead-based paint workers engaging in the abatement of lead-based paint, and
establish performance standards for lead-based paint abatement in accordance
with title 40, Code of Federal Regulations, part 745, sections 220, 223, 225, 226,
227, and 233.
d. Issue certificates to all applicants who satisfy the requirements for certification
under this section and any rules under this section, renew certificates, and
suspend or revoke certificates for cause after notice and opportunity for hearing.
e. Establish an annual fee and renewal fees for licensing asbestos contractors and
lead-based paint contractors and certifying asbestos and lead-based paint
workers, and establish examination fees for asbestos and lead-based paint
workers under section 23.1-06-10. The annual, renewal, and examination fees for
lead-based contractors and workers may not exceed those charged to asbestos
contractors and workers.
f. Establish indoor environmental nonoccupational air quality standards for
asbestos.
g. Adopt and enforce rules as necessary for the implementation of this section.
2. For nonpublic employees performing asbestos abatement in facilities or on facility
components owned or leased by their employer, only the provisions of rules adopted in
accordance with the federal Asbestos Hazard Emergency Response Act of 1986 [Pub.
L. 99-519; 100 Stat. 2970; 15 U.S.C. 2641 et seq.], as amended, or the federal Clean
Air Act [Pub. L. 95-95; 91 Stat. 685; 42 U.S.C. 7401 et seq.], as amended, apply to this
section. This does not include ownership that was acquired solely to effect a
demolition or renovation.