§40-452. License required - Fee - Exemptions

649 words·~3 min read·/ok/title-40-labor/40-452

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. No contractor shall abate any friable material containing asbestos without having first obtained a license to do so from the Commissioner of Labor. The Commissioner shall issue an asbestos abatement license to a qualified contractor upon proper application, as determined by the Commissioner. The Commissioner of Labor may promulgate rules establishing a schedule of administrative fees for the application, licensing, examination, certification of asbestos abatement contractors and workers employed by a contractor for asbestos abatement, as well as a fee to be paid by contractors to the Department of Labor for each separate containment area, glovebag, or miniature containment area of any asbestos abatement project.

The fees stated in this section on the effective date of this act shall remain in effect until such rules become effective, at which time the fees stated in this section shall be superseded by rule. The annual fee for such license shall be Five Hundred Dollars ($500.00). The fee shall be deposited into the Department of Labor Revolving Fund. A nonrefundable initial application fee of One Thousand Dollars ($1,000.00) shall be charged and deposited into the Department of Labor Revolving Fund.

The Commissioner may deny a license to applicants whose past abatement performance for abatement of friable asbestos does not comply with federal and other states' requirements. A minimum waiting period shall be established at the discretion of the Commissioner of Labor and will be required before issuance of a license to permit the Commissioner to perform a work performance investigation of the applicant.

The annual fee for examining and certifying workers employed by a contractor for asbestos abatement shall be Twenty-five Dollars ($25.00). The fee shall be deposited in the Department of Labor Revolving Fund. Uncertified workers shall not be used on any asbestos abatement projects.

B. The state and political subdivisions thereof, counties and political subdivisions thereof and municipalities and political subdivisions thereof, and their supervisors and employees, shall not be exempt from any certification fees required by this section when such entities act as a contractor.

C. A fee of Six Hundred Dollars ($600.00) shall be paid by contractors to the Department of Labor for each separate containment area of any asbestos abatement project. The fee collected shall be deposited by the Department of Labor into the Department of Labor Revolving Fund. There shall be a minimum number of inspections of each containment area as deemed necessary by the Commissioner of Labor. For projects which are not a part of a definite containment area, or are performed with multiple glovebags or miniature containments, a fee of Two Hundred Dollars ($200.00), plus Five Dollars ($5.00) per such glovebag or miniature containment, shall be paid to the Department of Labor for deposit into the Department of Labor Revolving Fund.

Asbestos abatement projects performed on properties owned by the state or any political subdivision thereof shall not be exempt from this fee.

D. Any asbestos abatement contractor transporting asbestos- containing material shall be required to provide to the Commissioner a Certificate of Insurance by a carrier licensed to do business in the State of Oklahoma demonstrating a minimum of One Million Dollars ($1,000,000.00) of environmental impairment insurance.

E. No state agency or political subdivision thereof, county or political subdivision thereof, or municipalities or political subdivisions thereof shall solicit or receive any estimate or bid for abatement of asbestos from any person or party who is not a licensed asbestos abatement contractor. Added by Laws 1982, c. 101, § 2, eff. Oct. 1, 1982. Amended by Laws 1985, c. 270, § 2; Laws 1987, c. 208, § 82, operative Nov. 1, 1987; Laws 1987, c. 236, § 92, operative Nov. 1, 1987; Laws 1988, c. 250, § 3, emerg. eff. June 27, 1988; Laws 1991, c. 215, § 16, eff. July 1, 1991; Laws 1993, c. 145, § 267, eff. July 1, 1993; Laws 2016, c. 82, § 5, eff. Nov. 1, 2016.