Virginia Law

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

"Abatement contractor" means a company or individual properly licensed in the Commonwealth of Virginia who routinely conducts asbestos abatement activities such as, but not limited to removal, encapsulation or enclosure of asbestos containing materials in buildings.

"Asbestos" means any material containing more than one percent of the asbestiform varieties of:

1. chrysotile (serpentine);

2. crocidolite (riebeckite);

3. amosite (cummingtonite-grunerite);

4. anthophyllite;

5. tremolite; or

6. actinolite.

"Building manager" means the contact person representing the owning entity at each facility.

"Commissioner" means the Commissioner of the Department of Social Services.

"Competent personnel" means personnel who are qualified by education or experience to determine the presence of asbestos and to assess its hazard, or to abate any such hazard by proper encapsulation, enclosure, removal, repair or operations and maintenance of the asbestos containing material and who are licensed by the Virginia Department of Professional and Occupational Regulation pursuant to the requirements of Chapter 5 (§ 54.1-500 et seq.) of Title 54.1 of the Code of Virginia. In addition, asbestos inspectors must meet the minimum competency requirements specified in 1VAC30-30-40 C of this chapter.

"Director" means the Director of the Division of Licensing Programs, Department of Social Services.

"Encapsulation" means the treatment of asbestos-containing materials with a material that surrounds or embeds asbestos fibers in an adhesive matrix to prevent the release of fibers, as the encapsulant creates a membrane over the surface (bridging encapsulant) or penetrates the material and binds its components together (penetrating encapsulant).

"Enclosure" means the construction or installation over or about the asbestos-containing material of any solid or flexible coverings, which will not deteriorate or decompose for an extended period of time, so as to conceal the material, contain all asbestos fibers and render the asbestos-containing material inaccessible.

"Facility" means any building built prior to 1978 in which a child-care center is located.

"Friable" means that material which is capable of being crumbled, pulverized, or reduced to powder by hand pressure or which under normal use or maintenance emits or can be expected to emit asbestos fibers into the air.

"Homogenous material" means any material that appears similar in terms of color, texture, pattern, date of material application and functional use.

"Inspector" means the individual who physically inspects each building for materials that may contain asbestos, who is properly licensed to conduct building inspections for asbestos by the Virginia Department of Professional and Occupational Regulation pursuant to the requirements of Chapter 5 (§ 54.1-500 et seq.) of Title 54.1 of the Code of Virginia and who meet the additional requirements specified in 1VAC30-30-40 C of this chapter.

"Management planner" means the individual who develops the plan to manage any identified or suspect asbestos containing materials in the facility, who is properly licensed by the Virginia Department of Professional and Occupational Regulation as an Asbestos Management Planner pursuant to the requirements of Chapter 5 (§ 54.1-500 et seq.) of Title 54.1 of the Code of Virginia.

"Notification" means the procedure used to inform building occupants and visitors of the location, description and condition of all asbestos containing materials identified or suspected in the facility and of the existence and location of a plan to manage the material.

"Removal" means the physical removal of asbestos-containing material from a building and disposal thereof in accordance with all applicable regulations.

"Repair" means the cause friable asbestos-containing material to be changed or modified to a condition where it is not friable.

"Response actions" means any action, including removal, encapsulation enclosure, repair, method of operation, maintenance, record keeping or notification that protects human health from building materials containing asbestos.

"Significant hazard area" means any area where the asbestos containing material is highly friable, where more than 10% of the material is exposed, where the damage is widespread and the area is accessible to occupants including by any air handling system.

"Team leader" means the individual who is properly licensed as an asbestos inspector and management planner pursuant to the requirements of Chapter 5 (§ 54.1-500 et seq.) of Title 54.1 of the Code of Virginia and who meet the minimum requirements specified in 1VAC30-30-40 C of this chapter.

"Varying visible appearance" means any visible difference in size, color, texture, degree of hardness, etc., which may indicate differing material. This term is synonymous with "visually distinct material."