Yes. However, accepting the certification does not mean that all asbestos requirements have been met. TAHPR §296.191(d)(6)(B) specifically states that the certification does not meet separate federal NESHAP or OSHA asbestos survey requirements. The building owner or operator remains responsible for complying with all applicable federal requirements before renovation or demolition begins.
Under TAHPR §296.191(q), a municipality may consider either:
(1) Written evidence acceptable to the municipality that the required asbestos survey has been completed; or
(2) A written certification from a Texas-registered architect or Texas-licensed professional engineer that:
(A) identifies the name of the building, the street address, and the specific area of the building that applies to the certification;
(B) certifies that the Texas-registered architect or Texas-licensed professional engineer has compiled and reviewed the information from:
(i) MSDSs and SDSs of the materials used in the original construction of the building and any renovations or alterations of all parts of the building affected by the planned renovation or demolition, has matched them by manufacturer to materials on-site in the construction; and
(ii) any previous asbestos survey report of the building that is conducted as required at the time of the survey;
(C) certifies based upon review of the information in subparagraph (B) of this paragraph that in the architect's or engineer's professional opinion, no part of the building, including the building materials, affected by the planned renovation or demolition contain asbestos;
(D) specifies the dates of each asbestos survey report reviewed;
(E) specifies whether the relevant work was new construction or renovation; and
(F) specifies the dates of completion of all original construction and renovations or alterations that apply to the certification.
The municipality decides whether to accept the submitted documentation when considering whether to issue a permit.