53, ch. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. installation or building (including any structure, installation or building containing condominiums, or individual dwelling The contractor's job has been completed, and it is shown that the customer has had to pay more for the contracted job than the original contract price, as adjusted for subsequent change orders, unless such increase in cost was the result of circumstances beyond the control of the contractor, was the result of circumstances caused by the customer, or was otherwise permitted by the terms of the contract between the contractor and the customer. The designated sole primary qualifying agent is jointly and equally responsible with secondary qualifying agents for field work supervision. The department shall establish by rule a procedure to verify the accuracy of such affidavits based upon a random sample method. 99-254; s. 36, ch. 1Note.--Section 69, ch. The department may inspect removal sites to determine compliance with this subsection and shall adopt rules governing inspections. The department shall not limit the number of business organizations which the licensee may qualify except upon the licensee's failure to provide such information as is required under this subsection or upon a finding that such information or evidence as is supplied is incomplete or unpersuasive in showing the licensee's capacity and intent to comply with the requirements of this subsection. (1)A qualifying agent is a primary qualifying agent unless that agent is a secondary qualifying agent under this section. (2)All asbestos abatement workers, including onsite supervisors, must complete a department-approved course of not less than 4 days in abatement prior to removing, encapsulating, enclosing, or disposing of asbestos-containing materials. (4)Provide evidence of satisfactory work on 10 asbestos projects within the last 5 years.
(q)Committing gross negligence, repeated negligence, or negligence resulting in a significant danger to life or property in the practice of asbestos consulting or contracting. 2000-141; s. 34, ch. (2)"AHERA" means the Asbestos Hazard Emergency Response Act of 1986, 15 U.S.C.
(17)"Onsite roofing supervisor" means a person who works under the direction of a roofing contractor certified pursuant to part I of chapter 489 and provides supervision of removal of asbestos-containing roofing materials at the project site at all times when such activities are being performed. The Florida Department of Environmental Protection (DEP) administers an asbestos removal program, requiring prior notification to the DEP on the removal of threshold amounts of asbestos from certain types of facilities. 469.014 Approval of asbestos training courses and providers. units operated as a residential cooperative, but excluding residential buildings having four or fewer dwelling units); any ship; or any active or inactive waste disposal site. That is why Florida and other states have strict regulations for the handling and/or removal of asbestos and asbestos-containing materials. History.--s. (b)Upon a favorable determination by the department, after investigation of the financial responsibility, credit, and business reputation of the qualifying agent and the new business organization, the department shall issue, without any examination, a new license in the business organization's name, and the name of the qualifying agent shall be noted thereon. (3)The qualifying agent shall be licensed under this chapter in order for the business organization to be licensed in the category of the business conducted for which the qualifying agent is licensed. (r)Intimidating, threatening, coercing, or otherwise discouraging the service of a notice to owner under part I of chapter 713 or a notice to contractor under chapter 255 or part I of chapter 713. Financial mismanagement or misconduct occurs when: 1. 98-419. Such course shall consist of not less than 5 days of instruction. (4)Revocation of any license under this chapter is permanent.
Keep in mind that you may have legal options if you've suffered an asbestos-related illness, such as compensation for medical costs and other damages. 469.013 Course requirements for asbestos surveyors, management planners, project monitors, and project designers. Evidence of financial responsibility.
98-419; s. 15, ch. The application for secondary qualifying agent must include an affidavit on a form provided by the department attesting that the applicant has authority to supervise all construction work performed by the entity as provided in s. 489.1195(2).
2001-372. 2002-194, repealed s. 20.171, which created the Department of Labor and Employment Security. Failure to adequately supervise the operations of a business organization shall be grounds for denial to qualify additional business organizations. 94-119; s. 4, ch. Work on building structures or systems may be performed only by a contractor licensed under chapter 489.
2. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching. 2000-154.
The department may, by rule, establish late renewal penalty fees, in an amount not to exceed the initial licensure fee. keys to navigate, use enter to select. (2)If a contractor or consultant disciplined under subsection (1) is a qualifying agent for a business organization and the violation was performed in connection with any asbestos survey, operation and maintenance plan, abatement project, or asbestos-related activities undertaken by that business organization, the department may impose an additional administrative fine not to exceed $5,000 per violation against the business organization or against any partner, officer, director, trustee, or member of such organization if such person participated in the violation or knew or should have known of the violation and failed to take reasonable corrective action. History.--s. The application for financially responsible officer must include an affidavit on a form provided by the department attesting that the applicant's signature is required on all checks, drafts, or payments, regardless of the form of payment, made by the entity, and that the applicant has authority to act for the business organization in all financial matters.
Each onsite supervisor must also complete a continuing education course of not less than 1 day in length each year.
2001-372; s. 36, ch. Before an asbestos contractor's license may be renewed, the licensee must complete a 1-day course of continuing education during each of the preceding 2 years.
(b)All such activities are performed in accordance with all applicable asbestos standards of the United States Occupational Safety and Health Administration under 29 C.F.R. (6)Each qualifying agent shall pay the department an amount equal to the original fee for licensure of a new business organization. 2000-141; s. 34, ch. 99-254. 469.005 License requirements.--All applicants for licensure as either asbestos consultants or asbestos contractors shall: (2)When applying for licensure as an asbestos consultant, successfully complete the following department-approved courses: (a)A building asbestos surveys and mechanical systems course. 120.536(1) and 120.54 to implement the provisions of this chapter. (1)No person may conduct an asbestos survey, develop an operation and maintenance plan, or monitor and evaluate asbestos abatement unless trained and licensed as an asbestos consultant as required by this chapter. To qualify for exemption under this paragraph, an owner must personally appear and sign the building permit application. Such course shall consist of not less than 3 days of instruction. A qualification for an additional business organization may be revoked or suspended upon a finding by the department that the licensee has failed in the licensee's responsibility to adequately supervise the operations of the business organization.
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53, ch. dwelling is not considered residential. (d)Moving, removal, or disposal of asbestos-containing materials on a residential building where the owner occupies the building, the building is not for sale or lease, and the work is performed according to the owner-builder limitations provided in this paragraph. All such activities are performed according to all applicable regulations, including work practices and training, of the United States Occupational Safety and Health Administration under 29 C.F.R. Even if you've never seen asbestos in your life, you could still be exposed to its tiny but potentially deadly fibers. (8)"Asbestos surveyor" means a person who works under the direction of a licensed asbestos consultant and engages in the survey and assessment of asbestos-containing materials. (d)Acting in the capacity of an asbestos contractor or asbestos consultant under any license issued under this chapter except in the name of the licensee as set forth on the issued license. 469.006 Licensure of business organizations; qualifying agents. History.--s. (3)Nothing in this chapter may be construed to limit the power of any board within the department to discipline any licensee disciplined pursuant to this chapter for acts which constitute a violation of any other practice act, notwithstanding that such acts are part of the same transaction or occurrence. Asbestos-related activities which disturb asbestos-containing materials within manufacturing, utility, or military facilities and which are undertaken by regular full-time employees of the owner or operator who have completed all training required by this chapter or NESHAP and OSHA for conducting such activities in areas where access is restricted to authorized personnel who are carrying out specific assignments. Such criteria shall include, but not be limited to, credit history and limits of bondability and credit. Valid liens have been recorded against the property of a contractor's customer for supplies or services ordered by the contractor for the customer's job; the contractor has received funds from the customer to pay for the supplies or services; and the contractor has not had the liens removed from the property, by payment or by bond, within 75 days after the date of such liens; 2. 98-419; s. 15, ch. A project may be presumed abandoned after 20 days if the contractor terminates the project without just cause and without proper notification to the owner, including the reason for termination; if the contractor fails to reasonably secure the project to safeguard the public while work is stopped; or if the contractor fails to perform work without just cause for 20 days.
