2006 Code of Virginia § 54.1-500 - Definitions

54.1-500. Definitions.

As used in this chapter, unless the context requires a different meaning:

"Accredited asbestos training program" means a training program that hasbeen approved by the Board to provide training for individuals to engage inasbestos abatement, conduct asbestos inspections, prepare management plans,prepare project designs or act as project monitors.

"Accredited lead training program" means a training program that has beenapproved by the Board to provide training for individuals to engage inlead-based paint activities.

"Asbestos" means the asbestiform varieties of actinolite, amosite,anthophyllite, chrysotile, crocidolite, and tremolite.

"Asbestos analytical laboratory license" means an authorization issued bythe Board to perform phase contrast, polarized light, or transmissionelectron microscopy on material known or suspected to contain asbestos.

"Asbestos contractor's license" means an authorization issued by the Boardpermitting a person to enter into contracts to perform an asbestos abatementproject.

"Asbestos-containing materials" or "ACM" means any material or productwhich contains more than 1.0 percent asbestos or such other percentage asestablished by EPA final rule.

"Asbestos inspector's license" means an authorization issued by the Boardpermitting a person to perform on-site investigations to identify, classify,record, sample, test and prioritize by exposure potential asbestos-containingmaterials.

"Asbestos management plan" means a program designed to control or abate anypotential risk to human health from asbestos.

"Asbestos management planner's license" means an authorization issued bythe Board permitting a person to develop or alter an asbestos management plan.

"Asbestos project" or "asbestos abatement project" means an activityinvolving job set-up for containment, removal, encapsulation, enclosure,encasement, renovation, repair, construction or alteration of anasbestos-containing material. An asbestos project or asbestos abatementproject shall not include nonfriable asbestos-containing roofing, flooringand siding materials which when installed, encapsulated or removed do notbecome friable.

"Asbestos project designer's license" means an authorization issued by theBoard permitting a person to design an asbestos abatement project.

"Asbestos project monitor's license" means an authorization issued by theBoard permitting a person to monitor an asbestos project, subject toDepartment regulations.

"Asbestos supervisor" means any person so designated by an asbestoscontractor who provides on-site supervision and direction to the workersengaged in asbestos projects.

"Asbestos worker's license" means an authorization issued by the Boardpermitting an individual to work on an asbestos project.

"Board" means the Virginia Board for Asbestos, Lead, and Home Inspectors.

"Certified home inspection" means any inspection of a residential buildingfor compensation conducted by a certified home inspector. A certified homeinspection shall include a written evaluation of the readily accessiblecomponents of a residential building, including heating, cooling, plumbing,and electrical systems; structural components; foundation; roof; masonrystructure; exterior and interior components; and other related residentialhousing components. A certified home inspection may be limited in scope asprovided in a home inspection contract, provided such contract is notinconsistent with the provisions of this chapter or the regulations of theBoard.

"Certified home inspector" means a person who meets the criteria ofeducation, experience, and testing required by this chapter and regulationsof the Board and who has been certified by the Board.

"Friable" means that the material when dry, may be crumbled, pulverized orreduced to powder by hand pressure and includes previously nonfriablematerial after such previously nonfriable material becomes damaged to theextent that when dry it may be crumbled, pulverized, or reduced to powder byhand pressure.

"Lead abatement" means any measure or set of measures designed topermanently eliminate lead-based paint hazards, including lead-contaminateddust or soil.

"Lead-based paint" means paint or other surface coatings that contain leadequal to or in excess of 1.0 milligrams per square centimeter or more than0.5 percent by weight.

"Lead-based paint activity" means lead inspection, lead risk assessment,lead project design and abatement of lead-based paint and lead-based painthazards, including lead-contaminated dust and lead-contaminated soil.

"Lead-contaminated dust" means surface dust that contains an area or massconcentration of lead at or in excess of levels identified by theEnvironmental Protection Agency pursuant to 403 of TSCA (15 U.S.C. 2683).

"Lead-contaminated soil" means bare soil that contains lead at or in excessof levels identified by the Environmental Protection Agency.

"Lead contractor" means a person who has met the Board's requirements andhas been issued a license by the Board to enter into contracts to performlead abatements.

"Lead inspection" means a surface-by-surface investigation to determine thepresence of lead-based paint and the provisions of a report explaining theresults of the investigation.

"Lead inspector" means an individual who has been licensed by the Board toconduct lead inspections and abatement clearance testing.

"Lead project design" means any descriptive form written as instructions ordrafted as a plan describing the construction or setting up of a leadabatement project area and the work practices to be utilized during the leadabatement project.

"Lead project designer" mean an individual who has been licensed by theBoard to prepare lead project designs.

"Lead risk assessment" means (i) an on-site investigation to determine theexistence, nature, severity and location of lead-based paint hazards and (ii)the provision of a report by the individual or the firm conducting the riskassessment, explaining the results of the investigation and options forreducing lead-based paint hazards.

"Lead risk assessor" means an individual who has been licensed by the Boardto conduct lead inspections, lead risk assessments and abatement clearancetesting.

"Lead supervisor" means an individual who has been licensed by the Board tosupervise lead abatements.

"Lead worker" or "lead abatement worker" means an individual who has beenlicensed by the Board to perform lead abatement.

"Person" means a corporation, partnership, sole proprietorship, firm,enterprise, franchise, association or any other individual or entity.

"Principal instructor" means the individual who has the primaryresponsibility for organizing and teaching an accredited asbestos trainingcourse or an accredited lead training course or both.

"Residential building" means, for the purposes of home inspection, astructure consisting of one to four dwelling units used or occupied, orintended to be used or occupied, for residential purposes.

"Training manager" means the individual responsible for administering atraining program and monitoring the performance of instructors for anaccredited asbestos training or an accredited lead training program or both.

(1987, c. 579, 54-145.4; 1988, cc. 765, 802; 1989, c. 397; 1990, cc. 49,73, 823; 1992, c. 152; 1993, cc. 499, 660; 1994, cc. 185, 911; 1996, cc. 76,176, 180, 846; 1997, c. 885; 1998, c. 739; 2001, c. 723.)