An Act To Amend the Licensing and Certification Requirements Relating to Asbestos Abatement Activities
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §1273, sub-§4, as amended by PL 1991, c. 473, §12, is further amended to read:
4. Exemption. Persons undertaking asbestos abatement activities in single-unit residential buildings are exempt from the licensing and certification requirements of this section if the activities are limited to heating equipment and performed by persons licensed by the Oil and Solid Fuel Board under Title 32, chapter 33, to install, repair, remove or service heating equipment. Asbestos abatement activities related to disposal undertaken at licensed asbestos disposal sites are exempt from the requirements of this section.
Sec. 2. 38 MRSA §1281, as enacted by PL 1987, c. 448, §1-C, is amended to read:
In an emergency that results from a sudden, unexpected event that is not a planned asbestos abatement project, including the emergency repair, installation, removal or servicing of heating equipment in single-unit residential buildings by persons licensed by the Oil and Solid Fuel Board under Title 32, chapter 33, the commissioner may waive the requirements for a license or certificate under this chapter. For the purposes of this section, emergency includes a sudden unexpected event that, if not immediately attended to, presents a safety or health hazard; operations necessitated by nonroutine failures of equipment or by to protect equipment from damage; and actions of fire and emergency medical personnel pursuant to duties within their official capacities. Any person who performs an asbestos abatement activity, which activity would normally require notification pursuant to section 1273, subsections subsection 2 and 3, under emergency conditions, shall notify the commissioner by phone within one working day and in writing within 3 days after performance of that activity.
Effective September 17, 2005.
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