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Pennsylvania Statutes Title 63 P.S. Professions and Occupations (State Licensed) § 2105. Certification standards and procedures

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) Regulation of the department.--The department shall establish by regulation standards and procedures for the certification of persons involved in asbestos occupations. Such standards and procedures shall be at least as stringent and as consistent as possible as those established by the Environmental Protection Agency under the Asbestos Hazard Emergency Response Act of 1986 (Public Law 99-519, 15 U.S.C. § 2641 et seq.) or those established for certain occupations by the Environmental Protection Agency under the National Emission Standard for Hazardous Air Pollutants (40 CFR Part 41). These regulations shall include, but not be limited to, the following requirements:

(1) Successful completion of a training course on Pennsylvania's laws and regulations regarding asbestos.

(2) Passing a written examination administered or approved by the department which tests the person's knowledge of Federal and Pennsylvania laws and regulations as they apply to that person's asbestos occupation.

(b) Asbestos occupations.--Any person meeting the requirements established under subsection (a) may be certified by the department to perform asbestos occupations.

(c) Certification in another jurisdiction.--

(1) The department may certify for an asbestos occupation any person who has been certified by another state or territory of the United States or any other jurisdiction which has requirements at least as stringent as those promulgated under subsection (a).

(2) The department shall, within 120 days after the effective date of this act, publish in the Pennsylvania Bulletin a list of those jurisdictions which meet the requirements of paragraph (1) and with which reciprocity will be granted. As the department adds and deletes jurisdictions, it shall publish revised lists.

(3) Except as provided in paragraph (4), any person receiving reciprocal certification under this subsection shall be required to pay the appropriate fee established under section 7  1 and shall obtain a Pennsylvania certificate.

(4) Any person accredited by a city of the first class or a county of the second class shall be deemed to be certified under this section. In addition, any person certified by a city of the first class or a county of the second class shall not be required to obtain a Pennsylvania certification, provided that such person has been issued a certificate which contains a recent photograph. If the certificate issued by a city of the first class or a county of the second class does not contain a photograph, the person shall reimburse the department for the cost of the issuance of a Pennsylvania accreditation certificate.

(d) Interim certification.--Until the department promulgates regulations establishing a certification program under subsection (a), any person who has successfully completed an EPA-approved training course shall be deemed to be certified in this Commonwealth upon payment of the appropriate fee under section 7 and upon submission of a copy of the appropriate documentation from the EPA-approved training course. Interim certification issued under this section shall be valid for a one-year period.

(e) Interim certification requirement.--The requirements of the Environmental Protection Agency's Model Accreditation Program contained in 40 CFR Part 763, Subpart E, Appendix C, establishing the Federal requirements for certification of asbestos occupations are adopted as the initial interim standards under this act. These interim certification requirements shall remain in effect until the department promulgates regulations under subsection (a).

1 63 P.S. § 2107.
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Cite this article: FindLaw.com - Pennsylvania Statutes Title 63 P.S. Professions and Occupations (State Licensed) § 2105. Certification standards and procedures - last updated January 01, 2025 | https://codes.findlaw.com/pa/title-63-ps-professions-and-occupations-state-licensed/pa-st-sect-63-2105/

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