2006 Code of Virginia § 63.2-1811 - Asbestos inspection required for child day centers

63.2-1811. Asbestos inspection required for child day centers.

The Commissioner shall not issue a license to any child day center which islocated in a building built prior to 1978 until he receives a writtenstatement that the building has been inspected for asbestos, as defined by 2.2-1162, and in accordance with the regulations for initial asbestosinspections pursuant to the Asbestos Hazard Emergency Response Act, 40 CFRPt. 763 - Asbestos Containing Materials in Schools. The inspection shall beconducted by personnel competent to identify the presence of asbestos andlicensed in Virginia as an asbestos inspector and as an asbestos managementplanner pursuant to Chapter 5 ( 54.1-500 et seq.) of Title 54.1. The writtenstatement shall state that either (i) no asbestos was detected or (ii)asbestos was detected and response actions to abate any risk to human healthhave been completed or (iii) asbestos was detected and response actions toabate any risk to human health have been recommended in accordance with aspecified schedule and plan pursuant to applicable state and federal statutesand regulations. The statement shall include identification of anysignificant hazard areas, the date of the inspection and be signed by theperson who inspected for the asbestos. If asbestos was detected, anoperations and maintenance plan shall be developed in accordance with theregulations of the Asbestos Hazard Emergency Response Act and the statementshall be signed by the person who prepared the operations and maintenanceplan. Any inspection, preparation of an operations and maintenance plan orresponse action shall be performed by competent personnel who have beenlicensed in accordance with the provisions of Chapter 5 of Title 54.1.

When asbestos has been detected, the applicant for licensure shall alsosubmit to the Commissioner a written statement that response actions to abateany risk to human health have been or will be initiated in accordance with aspecified schedule and plan as recommended by an asbestos management plannerlicensed in Virginia. This statement shall be signed by the applicant forlicensure.

The written statements required by this section shall be submitted forapproval to the Commissioner's representative prior to issuance of a license.The provisions of this section shall not apply to child day centers locatedin buildings required to be inspected pursuant to Article 5 ( 2.2-1162 etseq.) of Chapter 11 of Title 2.2.

(1987, c. 654, 63.1-198.01; 1988, c. 723; 1993, cc. 660, 730, 742; 2002, c.747.)