New C-22 Asbestos Abatement Classification
The new C-22 Asbestos Abatement contractor classification became effective on January 1, 2015.
This section provides comprehensive information about the new classification, including how it differs from the existing asbestos certification, as defined in Section 7058.5 of the Business and Professions Code (BPC), which continues to exist and function as an overlay to the licensing classification(s) held by a contractor.
The C-22 Asbestos Abatement classification does not replace the existing §7058.5 asbestos certification. A contractor can hold either of these asbestos abatement work authorizations, depending on the contractor’s individual business and licensure needs.
C-22 Classification Description
An asbestos abatement contractor performs abatement, including containment, encapsulation, or removal, and disposal of asbestos containing construction materials, as defined in Section 6501.8 of the Labor Code, in and on buildings and structures.
All work performed and all documentation prepared by an asbestos abatement contractor shall be done in accordance with regulations and requirements of the Department of Industrial Relations’ Division of Occupational Safety and Health (DOSH).
The C-22 Asbestos Abatement contractor classification operates as a stand-alone specialty contractor classification for asbestos abatement work, regardless of any other classification(s) that may be held by the licensed contractor, and functions within the scope of the contractor’s DOSH registration.
CSLB shall not issue a C-22 Asbestos Abatement contractor license unless the applicant or contractor is duly registered with DOSH, pursuant to Labor Code §6501.5, or has an active application for registration in process with DOSH.
If the applicant does not yet have proof of DOSH registration, CSLB shall issue the license (provided all other requirements are met), but will require the contractor to submit to CSLB proof that he or she is duly registered with DOSH within 90 days after the C-22 Asbestos Abatement contractor license is issued or the classification is added. In such cases, no asbestos abatement work shall be performed until the contractor has submitted proof to CSLB of his or her DOSH registration.
If a contractor fails to provide proof of current registration with DOSH, as required, the license shall be automatically suspended or the C-22 classification will be removed at the end of the 90 days.
All holders of the C-22 Asbestos Abatement classification shall have completed DOSH registration training requirements, as contained in Section 1529 of Title 8 in the California Code of Regulations. DOSH training covers different class levels that relate to the type and criticality of the asbestos abatement work. The class levels are relevant in determining the need for DOSH registration, in addition to whether or not there is disturbance of 100 sq. ft. or more of construction materials that contain more than 0.1 percent asbestos by weight. Generally speaking, DOSH registration is required for Class I and Class II asbestos abatement work that involves the removal of asbestos-containing materials, which is higher-level, more critical work. Class III or Class IV asbestos-related work involves repair, maintenance, and custodial activities around asbestos containing materials.
The C-22 classification and DOSH registration operate hand-in-hand. The C-22 Asbestos Abatement contractor classification functions directly in accordance with the DOSH training that the individual has completed. If he or she has completed the highest levels of asbestos abatement training (Class I level and general Class II level), the holder of the C-22 classification will be able to perform asbestos abatement work in or on any part of a building or structure, as allowed by their DOSH registration. However, if only specialized Class II DOSH training has been completed for asbestos abatement in relation to flooring or roofing, for example, then the C-22 classification will similarly allow them to perform asbestos abatement work only in the specialized field, such as in flooring or roofing environments.
C-22 Experience Requirement
As with all CSLB general and specialty classifications, every applicant for the C-22 Asbestos Abatement classification must have had, within the last 10 years immediately preceding submission of the application, not less than four (4) years of experience performing asbestos abatement duties as a journeyman, foreman, supervising employee, or contractor. Experience is documented on the Certification of Work Experience form and must have been gained by working for or as any of the following:
- A licensed contractor who holds the C-22 Asbestos Abatement classification or the BPC §7058.5 asbestos certification and DOSH registration;
- A contractor who provides asbestos abatement services and is licensed in another state or federal jurisdiction;
- A utility company operating under the laws of a state or federal regulatory agency;
- A division of a state or the federal government; or
- The armed forces of the United States.
If an applicant’s experience was gained in a setting other than those described above, the applicant should submit documentation to support the experience claimed on the Certification of Work Experience form, and it will be evaluated on a case-by-case basis.
C-22 Examination Requirement
As with all CSLB general and specialty classifications, every applicant for the C-22 Asbestos Abatement classification must pass a trade examination and the law and business examination.
The trade examination may be waived for a licensed contractor who holds the BPC §7058.5 asbestos certification, upon application and proof of not less than four (4) years of journey-level experience within the last 10 years immediately preceding submission of the application. The licensee shall have obtained the §7058.5 asbestos certification after having passed the written Asbestos Certification Examination and shall have held the §7058.5 asbestos certification in active and good standing throughout the four-year experience period at a minimum, as well as DOSH registration. At this time, there is no deadline to submit an exam waiver application for the C-22 classification.
C-22 License Renewal Requirement
CSLB requires C-22 licensees to have proof of current DOSH registration on file with CSLB at the time of license renewal.
Distinction from Asbestos Certification and Hazardous Substance Certification, and Classification Limitations
The C-22 Asbestos Abatement classification does not replace the BPC §7058.5 asbestos certification. The existing §7058.5 asbestos certification continues to operate as an overlay to other classification(s) held by a licensed contractor.
Holders of the §7058.5 asbestos certification can continue to perform asbestos abatement work in the trade(s) for which they are licensed and as allowed by their DOSH registration, without the need to obtain the C-22 classification. However, they may choose to apply for the C-22 classification if they plan to expand their scope of work beyond their currently held license classification(s).
No licensed contractor who holds the §7058.5 asbestos certification shall contract for any project that includes asbestos abatement work in a trade for which the contractor is not licensed, unless the licensee also holds the C-22 Asbestos Abatement classification.
The C-22 classification scope of work does not include any addition to or alteration, repair, or rehabilitation of the permanently retained portions of buildings and structures.
“B“ General Building contractors shall not contract for any project that includes asbestos abatement work unless the General Building contractor holds the C-22 Asbestos Abatement classification or the §7058.5 asbestos certification and DOSH registration, or unless the General Building contractor subcontracts with an appropriately licensed contractor.
Contractors who do not hold the C-22 classification or the §7058.5 asbestos certification and DOSH registration may bid on projects that include asbestos abatement work as long as they subcontract with and the work is performed by an asbestos abatement contractor who is duly licensed to perform such work.
Asbestos abatement is separate and distinct from hazardous substance removal and remediation, as defined in BPC §7058.7, that can be performed with the hazardous substance certification that CSLB currently issues. Hazardous substance removal and remediation are specifically not included in the C-22 classification scope.
C-22 Application Process
Similar to all applicants for contractor licenses, applicants seeking the C-22 Asbestos Abatement classification use the existing application forms – whether an application for an original license or an application to add a classification to an existing license. They must also complete the Certification of Work Experience form to document the required classification experience.
In addition to the application, C-22 applicants need to submit to CSLB proof of their DOSH registration. Contractors who currently hold the existing §7058.5 asbestos certification and who are seeking to add the C-22 classification to their existing licenses should already have DOSH registration and be able to submit proof of their current registration to CSLB with their application and appropriate fee.
New applicants for the C-22 classification may not yet have been granted DOSH registration, but need to at least be in the process of obtaining their DOSH registration and should submit proof of such to CSLB with their application and appropriate fee. As indicated above, they will be given 90 days after the issuance of their license (or the addition of the C-22 classification) in which to submit proof to CSLB that they are currently registered with DOSH.
The full text of the C-22 Asbestos Abatement classification regulations is available on CSLB’s website.
The existing CSLB application forms can be used to apply for the C-22 classification, whether or not the form has been updated to reflect the C-22 addition to the listing of classifications; simply indicate “C-22” in the form’s classification field.