2006 Code of Virginia § 54.1-501 - Powers and duties of the Board

54.1-501. Powers and duties of the Board.

The Board shall administer and enforce this chapter. The Board shall:

1. Promulgate regulations necessary to carry out the requirements of thischapter in accordance with the provisions of the Administrative Process Act( 2.2-4000 et seq.) to include but not be limited to the prescription offees, procedures, and qualifications for the issuance and renewal of asbestosand lead licenses, and governing conflicts of interest between variouscategories of asbestos and lead licenses;

2. Approve the criteria for accredited asbestos training programs, accreditedlead training programs, training managers and principal instructors;

3. Approve accredited asbestos training programs, accredited lead trainingprograms, examinations and the grading system for testing applicants forasbestos and lead licensure;

4. Promulgate regulations governing the licensing of and establishingperformance criteria applicable to asbestos analytical laboratories;

5. Promulgate regulations governing the functions and duties of projectmonitors on asbestos projects, circumstances in which project monitors shallbe required for asbestos projects, and training requirements for projectmonitors;

6. Promulgate, in accordance with the Administrative Process Act, regulationsnecessary to establish procedures and requirements for the: (i) approval ofaccredited lead training programs, (ii) licensure of individuals and firms toengage in lead-based paint activities, and (iii) establishment of standardsfor performing lead-based paint activities consistent with the ResidentialLead-based Paint Hazard Reduction Act and United States EnvironmentalProtection Agency regulations. If the United States Environmental ProtectionAgency (EPA) has adopted, prior to the promulgation of any relatedregulations by the Board, any final regulations relating to lead-based paintactivities, then the related regulations of the Board shall not be morestringent than the EPA regulations in effect as of the date of suchpromulgation. In addition, if the EPA shall have outstanding any proposedregulations relating to lead-based paint activities (other than as amendmentsto existing EPA regulations), as of the date of promulgation of any relatedregulations by the Board, then the related regulations of the Board shall notbe more stringent than the proposed EPA regulations. In the event that theEPA shall adopt any final regulations subsequent to the promulgation by theBoard of related regulations, then the Board shall, as soon as practicable,amend its existing regulations so as to be not more stringent than such EPAregulations; and

7. Promulgate regulations for certification of home inspectors notinconsistent with this chapter regarding the professional qualifications ofhome inspectors applicants, the requirements necessary for passing homeinspectors examinations in whole or in part, the proper conduct of itsexaminations, the proper conduct of the home inspectors certified by theBoard, the implementation of exemptions from certifications requirements, andthe proper discharge of its duties.

(1987, c. 579, 54-145.5; 1988, c. 765; 1989, c. 397; 1990, cc. 49, 73, 823;1991, c. 45; 1992, c. 477; 1993, cc. 499, 660; 1994, cc. 185, 911; 1995, cc.543, 585; 1996, cc. 180, 846; 1997, cc. 649, 885; 1998, c. 739; 2001, c. 723.)