36-99.7 - Asbestos inspection in buildings to be renovated or demolished; exceptions. - Virginia Statutes

§ 36-99.7. Asbestos inspection in buildings to be renovated or demolished;exceptions.

A. A local building department shall not issue a building permit allowing abuilding for which an initial building permit was issued before January 1,1985, to be renovated or demolished until the local building departmentreceives certification from the owner or his agent that the affected portionsof the building have been inspected for the presence of asbestos by anindividual licensed to perform such inspections pursuant to § 54.1-503 andthat no asbestos-containing materials were found or that appropriate responseactions will be undertaken in accordance with the requirements of the CleanAir Act National Emission Standard for the Hazardous Air Pollutant (NESHAPS)(40 CFR 61, Subpart M), and the asbestos worker protection requirementsestablished by the U.S. Occupational Safety and Health Administration forconstruction workers (29 CFR 1926.1101). Local educational agencies that aresubject to the requirements established by the Environmental ProtectionAgency under the Asbestos Hazard Emergency Response Act (AHERA) shall alsocertify compliance with 40 CFR 763 and subsequent amendments thereto.

B. To meet the inspection requirements of subsection A except with respect toschools, asbestos inspection of renovation projects consisting only of repairor replacement of roofing, floorcovering, or siding materials may besatisfied by a statement that the materials to be repaired or replaced areassumed to contain friable asbestos and that asbestos installation, removal,or encapsulation will be accomplished by a licensed asbestos contractor.

C. The provisions of this section shall not apply to single-family dwellingsor residential housing with four or fewer units, unless the renovation ordemolition of such buildings is for commercial or public developmentpurposes. The provisions of this section shall not apply if the combinedamount of regulated asbestos-containing material involved in the renovationor demolition is less than 260 linear feet on pipes or less than 160 squarefeet on other facility components or less than thirty-five cubic feet offfacility components where the length or area could not be measured previously.

D. An abatement area shall not be reoccupied until the building officialreceives certification from the owner that the response actions have beencompleted and final clearances have been measured. The final clearance levelsfor reoccupancy of the abatement area shall be 0.01 or fewer asbestos fibersper cubic centimeter if determined by Phase Contrast Microscopy analysis(PCM) or 70 or fewer structures per square millimeter if determined byTransmission Electron Microscopy analysis (TEM).

(1987, c. 656; 1988, c. 723; 1989, c. 398; 1990, c. 823; 1993, c. 660; 1996,c. 742; 1997, c. 166.)