Hawaii Administrative Code

(a) The local education agency shall ensure, prior to the implementation of the operations, maintenance, and repair provisions of the management plan, that all members of its maintenance and custodial staff (custodians, electricians, heating and air conditioning engineers, plumbe…

(a) If a building is to be used as part of a school, the local education agency shall include the building in the management plan for the school prior to its use as a school building. The revised portions of the management plan shall be submitted to the department of health. If t…

(a) Records required pursuant to this section shall be maintained in a centralized location in the administrative office of both the school and the local education agency as part of the management plan. For each homogeneous area where all ACBM has been removed, the local educatio…

(a) The local education agency shall attach a warning label immediately adjacent to any friable and nonfriable ACBM and suspected ACBM assumed to be ACM located in routine maintenance areas (such as boiler rooms) at each school building. This shall include (1) Friable ACBM that w…

(a) The local education agency shall not be required to perform an inspection pursuant to section 11-502-5(a) in any homogeneous area of a school building where: (1) A certified inspector has determined that, based on sampling records, friable ACBM was identified in that homogene…

As used in this chapter: "Accessible" when referring to ACM means that the material is subject to disturbance by school building occupants or custodial or maintenance personnel in the course of their normal activities. "ACBM" means asbestos-containing building materials. "ACM" me…

The following references contain detailed information on asbestos-related work practices that are applicable to sections 11-502-7, 11-502-9, 11-502-10, and 11-502-11: (1)40 CFR Part 763 Subpart E, Appendix A, Interim Transmission Electron Microscopy Analytical Methods - Mandatory…

(a) Each local education agency shall: (1) Ensure that the activities of any persons who perform inspections, reinspections, and periodic surveillance, develop and update management plans, and develop and implement response actions, including operations and maintenance, are carri…

(a) Any building leased or acquired that is to be used as a school building shall be inspected by a certified inspector prior to use as a school building. In the event that emergency use of an uninspected building as a school building is necessitated, such buildings shall be insp…

(a) A certified inspector shall collect, in a statistically random manner that is representative of the homogeneous area, bulk samples from each homogeneous area of friable surfacing material that is not assumed to be ACM, and shall collect the samples as follows: (1) At least th…

(a) The local education agencies shall have bulk samples, collected pursuant to section 11-502-6 and submitted for analysis, analyzed for asbestos using laboratories accredited by the National Voluntary Laboratory Accreditation Program (NVLAP) and registered with the department o…

(a) For each inspection and reinspection conducted pursuant to section 11-502-5(a) and (c) and previous inspections specified pursuant to section 11-502-15, the local education agency shall have a certified inspector provide a written assessment of all friable known or assumed AC…

(a) The local education agency shall select and implement in a timely manner the appropriate response actions in this section consistent with the assessment conducted pursuant to section 11-502-8. The response actions selected shall be sufficient to protect human health and the e…

As used in this chapter: "ACM" means asbestos-containing material. "Asbestos-containing material" means any material or product which contains more than one per cent asbestos. "Asbestos contractor" means any person or contracting firm possessing a valid asbestos contractor licens…

(a) All entities performing demolition or renovation in facilities shall pay fees as set forth in § 11-503-3. (b) All workers, contractor/supervisors, inspectors, management planners, project designers, project monitors who become certified, training providers who become accredit…

(a) The fee schedule for demolition and renovation notifications shall be as follows: Quantity of RACM to be Disturbed Fee Demolition Only-No Asbestos $ 50 Greater than or equal to 260 linear, 160 square, or 35 cubic feet, but less than 500 linear, square, or cubic feet $ 100 Gre…

These rules require the certification of persons or companies who perform activities at facilities for the evaluation or control of material which contains asbestos. These rules also set forth requirements for work practices and the accreditation of asbestos training. Notes Haw. …

Certification shall expire one year from the day on which the training course was successfully completed, unless certification was suspended or revoked sooner. Notes Haw. Code R. § 11-504-10 [Eff ] (Auth: HRS § 342P-41) (Imp: 40 CFR Part 763, Appendix C)

(a) Any application for renewal of certification shall contain all the information requested by these rules without reference to previously submitted material. (b) Evidence of successful completion of an accredited annual refresher course, specific to each discipline, shall be pr…

(a) Each applicant for certification who is licensed, certified, or permitted for the appropriate asbestos abatement activity, consulting service, or analytical service in another state may petition the department on a form provided by the department to grant certification withou…

(a) All abatement entities shall register with the department prior to performing any abatement project on facilities. Applications for registration shall be made on forms provided by the director which shall contain the following information: (1) Name and address of business own…

An abatement entity intending to engage in any abatement project involving the removal of at least 160 square feet, 260 linear feet, or 35 cubic feet of friable asbestos from a facility shall notify the department pursuant to section 11-501-7. Notes Haw. Code R. § 11-504-14 [Eff …

An abatement entity shall contact the department by phone prior to beginning an emergency abatement project, and written notification shall be postmarked no more than twenty-four hours after beginning the project. Notes Haw. Code R. § 11-504-15 [Eff ] (Auth: HRS § 342P-41) (Imp: …

Each registered abatement entity shall maintain records and retain documents in accordance with section 11-504-17 of all abatement projects which it performs and shall make these records and documents available to the department upon request. The abatement entity shall retain the…

The abatement entity shall record the following information for each abatement project: (1) The results of bulk sampling analysis of suspect material to be disturbed that is not assumed to be asbestos-containing, including the name and certificate number of the analytic service u…

The following documents shall be retained on-site for the duration of the abatement project: (1) A current copy of chapters 501 through 504; (2) Documentation of the adequacy of compressed air systems and respiratory protection systems including a list of compatible components an…

(a) All laboratories or analysts, or both must annually register with the department in order to provide analysis on samples from regulated facilities. All applications for registration shall be made on forms provided by the department which shall contain the following informatio…

As used in this chapter: "AAR" means the Asbestos Analyst's Registry. "AAT" means the Asbestos Analytical Testing program. "Abatement activity" means any activity involving job set up, removal, encapsulation, enclosure, renovation, repair, demolition, construction, alteration, or…

Notes Haw. Code R. § 11-504-20

(a) No person shall perform any abatement project without first being certified as a worker or a contractor/supervisor by the department. (b) No person shall engage in any on-site supervision of a worker during an abatement project without first being certified as a contractor/su…

(a) A worker may provide services that include the following: (1) Perform abatement work as designed by a certified project designer; and (2) Perform small-scale, short duration or emergency activities. (b) The minimum requirements necessary for certification as a worker include:…

(a) A contractor/supervisor may provide services that include the following: (1) Perform abatement work as described for workers in accordance with 11-504-22(a); (2) Ensure proper work practices are followed; and (3) Ensure that the abatement project is performed in accordance wi…

Notes Haw. Code R. § 11-504-24

Notes Haw. Code R. § 11-504-25

Notes Haw. Code R. § 11-504-26

Notes Haw. Code R. § 11-504-27

Notes Haw. Code R. § 11-504-28

Notes Haw. Code R. § 11-504-29

The following references contain detailed information on asbestos-related regulations that are applicable to this chapter. The user is responsible for obtaining updates and revisions of the following documents: (1)PL 99-519, Toxic Substance Control Act, Title II, Asbestos Hazard …

Notes Haw. Code R. § 11-504-30

As used in this subchapter: "Engineering" means any service or creative work, the adequate performance of which requires engineering education, training, State licensing, and experience in the application of special knowledge of the mathematical, physical, and engineering science…

(a) No person shall provide any of the services in this subchapter without first being certified by the department to provide such services. (b) Any person seeking certification as an inspector, management planner, project designer or project monitor shall apply for certification…

(a) A person certified as an inspector may provide services that include the following: (1) Collect bulk samples from suspect asbestos-containing material; (2) Evaluate the condition of asbestos-containing materials in buildings; (3) Inspect buildings for the presence of asbestos…

(a) A person certified as a management planner may provide services that include the following: (1) Utilize information gathered by certified inspectors to assess the potential hazards of asbestos-containing materials; (2) Develop abatement response actions, management plans, or …

(a) A person certified as a project designer may provide services that include the following: (1) Provide the design, preparation, and evaluation of abatement projects or abatement project specifications; (2) Prepare bidding documents, architectural drawings, and schematic repres…

Project monitors are required pursuant to section 11-502-9 but are not required for all abatement projects. (a) A person certified as a project monitor may provide services that include the following: (1) Recommend to the building owner abatement options to mitigate the health ha…

Notes Haw. Code R. § 11-504-37