R307-801-2. Applicability and General Provisions

  (1) Applicability.

  (a) The following persons are operators and are subject to the requirements of R307-801:

  (i) Persons who contract for hire to conduct asbestos abatement, renovation, or demolition projects in regulated facilities;

  (ii) Persons who conduct asbestos abatement, renovation, or demolition projects in areas where the general public has unrestrained access;

  (iii) Persons who conduct asbestos abatement, renovation, or demolition projects in school buildings subject to AHERA or who conduct asbestos inspections in facilities subject to TSCA Title II; or

  (iv) Persons who perform regulated work activities or renovation projects in single or multifamily residential structures where they do not live or intend to live immediately after the regulated work activity or renovation project is complete.

  (b) The following persons are subject to certification requirements:

  (i) Persons required by TSCA Title II or R307-801 to be accredited as inspectors, management planners, project designers, renovators, asbestos abatement supervisors, or asbestos abatement workers;

  (ii) Persons who work on asbestos abatement projects as asbestos abatement workers, asbestos abatement supervisors, inspectors, project designers, or management planners;

  (iii) Persons who perform regulated work activities or renovation projects in single or multifamily residential structures where they do not live or intend to live immediately after the regulated work activity or project is complete; or

  (iv) Companies that conduct asbestos abatement projects, renovation projects, inspections, create project designs, or prepare management plans in regulated facilities.

  (c) Homeowners or condominium owners performing renovation or demolition activities in or on their own residential facilities where they live, that are otherwise not subject to the Asbestos NESHAP, are not subject to the requirements of this rule, however, a condominium complex of more than four units is subject to this rule and may also be subject to the Asbestos NESHAP regulation.

  (d) Contractors for hire performing renovation or demolition activities are required to follow the inspection provisions of R307-801-9 and R307-801-10 and the notification provisions of R307-801-11 and R307-801-12.

  (2) General Provisions.

  (a) All persons who are required by R307-801 to obtain an approval, certification, determination, or notification from the director shall obtain it in writing.

  (b) Persons wishing to deviate from the certification, notification, work practices, or other requirements of R307-801 may do so only after requesting and obtaining the written approval of the director.