Page 291

Oklahoma Statutes - Title 40. Labor Page 291 2. "Friable asbestos material abatement" means the removal, encapsulation or enclosure of friable asbestos containing material; 3. "Friable asbestos material encapsulation" means the application of a bonding agent called a sealant, which penetrates and hardens the asbestos material or covers the surface of the material with a protective coating, thus preventing fiber release from the asbestos material; 4. "Friable asbestos material removal" means the actual physical removal of any friable asbestos containing material from a facility, when the asbestos is either attached to or detached from any device or structure; 5. "Contractor" means any public or private entity that engages in friable asbestos containing material abatement in any facility in this state except private residences or apartment houses of less than six family units; 6. "Commissioner" means the Commissioner of Labor. Added by Laws 1982, c. 101, § 1, eff. Oct. 1, 1982. Amended by Laws 1985, c. 270, § 1; Laws 1993, c. 145, § 265, eff. July 1, 1993; Laws 2016, c. 82, § 4, eff. Nov. 1, 2016.

§40-452. License required - Fee - Exemptions A. No contractor shall abate any friable material containing asbestos without having first obtained a license to do so from the Commissioner of Labor. The Commissioner shall issue an asbestos abatement license to a qualified contractor upon proper application, as determined by the Commissioner. The Commissioner of Labor may promulgate rules establishing a schedule of administrative fees for the application, licensing, examination, certification of asbestos abatement contractors and workers employed by a contractor for asbestos abatement, as well as a fee to be paid by contractors to the Department of Labor for each separate containment area, glovebag, or miniature containment area of any asbestos abatement project. The fees stated in this section on the effective date of this act shall remain in effect until such rules become effective, at which time the fees stated in this section shall be superseded by rule. The annual fee for such license shall be Five Hundred Dollars ($500.00). The fee shall be deposited into the Department of Labor Revolving Fund. A nonrefundable initial application fee of One Thousand Dollars ($1,000.00) shall be charged and deposited into the Department of Labor Revolving Fund. The Commissioner may deny a license to applicants whose past abatement performance for abatement of friable asbestos does not comply with federal and other states' requirements. A minimum waiting period shall be established at the discretion of the Commissioner of Labor and will be required before issuance of a license to permit the Commissioner to perform a work performance investigation of the applicant.