§ 37-138-1. Short title
This chapter shall be known as and may be cited as the Asbestos Abatement Accreditation and Certification Act.
§ 37-138-11. Management planner certificate required
It is unlawful for an individual who does not possess a valid management planner certificate to develop a management plan. To qualify for an asbestos management planner certificate, an applicant shall: Have attained a Bachelor of Science degree in engineering or its equivalent from an accredited university and be licensed by the Mississippi Board of […]
§ 37-138-13. Project designer certificate required
It is unlawful for any person who does not possess a valid project designer certificate to specify engineering methods and work practices under an asbestos project to another person. To qualify for a project designer certificate, an applicant shall: Have attained a Bachelor of science degree in engineering or its equivalent from an accredited university […]
§ 37-138-14. Air monitors; accreditation and certification requirements; application procedure
After January 1, 1995, it is unlawful for any person who does not possess a valid air monitor certificate to collect air samples for analysis of asbestos fibers during an abatement project. To qualify for an air monitor certificate, an applicant shall: Have earned a high school diploma or its equivalent; Satisfactorily complete a commission-approved […]
§ 37-138-15. Contractor certificate required
It is unlawful for any person who does not possess a valid contractor certificate to contract with another person for asbestos abatement. To qualify for a contractor certificate, an applicant shall: Have earned a high school diploma or its equivalent; Satisfactorily complete a commission-approved training course for contractors, except that a contractor training course approved […]
§ 37-138-17. Supervisor certificate required
It is unlawful for an individual who does not possess a valid supervisor certificate to direct an asbestos project. To qualify for an asbestos abatement supervisor certificate, an applicant shall: Have earned a high school diploma or its equivalent; Satisfactorily complete a commission-approved training course for supervisors, except that a supervisor training course approved by […]
§ 37-138-19. Inspector certificate required
It is unlawful for an individual who does not possess a valid inspector certificate to work as an asbestos inspector. To qualify for an inspector certificate, an applicant shall: Have earned a high school diploma or its equivalent; Satisfactorily complete a commission-approved training course for inspectors, except that an inspector training course approved by the […]
§ 37-138-21. Worker certificate required
It shall be unlawful for an individual who does not possess a valid worker certificate to work as a worker on an asbestos project. It shall be unlawful for a contractor to employ a person as a worker on an asbestos project who does not possess a valid worker certificate in accordance with this section. […]
§ 37-138-23. Denial of issuance or renewal of certificates
The commission may deny to issue or renew any certificate required by Sections 37-138-11 through 37-138-21 if (a) there has been a failure to comply with the application procedures established by this chapter and by regulations promulgated by the commission, or (b) if the applicant fails to satisfy the application criteria established by this chapter […]
§ 37-138-25. Certificate fees and special revenue fund
The commission is authorized to assess and collect fees for the issuance and annual renewal of certificates for management planner, project designer, air monitor, contractor, supervisor, inspector and worker pursuant to Sections 37-138-11 through 37-138-21 in amounts sufficient to fully administer this chapter. The fees assessed pursuant to this section are conditions precedent to the […]
§ 37-138-27. Penalties, reprimands, suspensions and revocation of certificates
Any person found by the commission to have violated any of the provisions of this chapter or any rule or regulation or written order of the commission in pursuance thereof or any certificate issued pursuant to this chapter shall be subject to (a) a civil penalty of not more than Twenty-five Thousand Dollars ($25,000.00) for […]
§ 37-138-29. Reciprocity; rules and regulations
The commission may establish requirements for reciprocity for accreditation and certification of management planners, project designers, contractors, supervisors, inspectors and workers with other states that have established accreditation and certification programs that meet or exceed the Model Plan and the accreditation and certification requirements of this chapter. The commission shall have the authority to issue […]
§ 37-138-3. Purpose
The purpose of this chapter is to provide for the accreditation and certification of persons who perform inspections and reinspections, prepare management plans and perform as air monitors, contractors, project designers, supervisors and workers in abatement projects for the purpose of identifying, evaluating and abating the hazard of asbestos-containing material in public and private elementary […]
§ 37-138-5. Definitions
“Abatement” means removal, encapsulation, enclosure or repair of or an operations and maintenance program for asbestos-containing materials. “Air monitor” means person who collects airborne samples for analysis of asbestos fibers during an abatement project including baseline, area, personal and clearance samples. “Asbestos-containing materials” (ACM) means any material or product which contains more than one percent […]
§ 37-138-7. Adoption of certification and accreditation plan
The commission is authorized and directed to adopt regulations for certification of contractors, inspectors, management planners, project designers, air monitors, supervisors and workers. The regulations shall include an accreditation plan which shall be equivalent to paragraphs 1 through 3 of the Model Plan. The accreditation plan shall be no more stringent than the Model Plan, […]
§ 37-138-9. Powers and duties of commission
The commission shall administer and enforce this chapter and shall have the following powers and duties under this chapter: To adopt, modify, repeal and promulgate, after due notice and hearing, and where not otherwise prohibited by federal or state law, to make exceptions to and grant exemptions and variances from, and to enforce rules and […]