{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/22.1-289.052.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/22.1-289.052.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/22.1-289.052.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/22.1-289.052.html"}],"law_id":86948,"edition_id":1,"section_id":86948,"structure_id":13625,"section_number":"22.1-289.052","catch_line":"Asbestos inspection required for child day centers","history":"2020, cc. 860, 861.","full_text":"The Superintendent shall not issue a license to any child day center that is located in a building built prior to 1978 until he receives a written statement that the building has been inspected for asbestos, as defined by \u00a7 2.2-1162, and in accordance with the regulations for initial asbestos inspections pursuant to the federal Asbestos Hazard Emergency Response Act, 40 C.F.R. Part 763 \u2014 Asbestos Containing Materials in Schools. The inspection shall be conducted by personnel competent to identify the presence of asbestos and licensed in Virginia as an asbestos inspector and as an asbestos management planner pursuant to Chapter 5 (\u00a7 54.1-500 et seq.) of Title 54.1. The written statement shall state whether (i) no asbestos was detected, (ii) asbestos was detected and response actions to abate any risk to human health have been completed, or (iii) asbestos was detected and response actions to abate any risk to human health have been recommended in accordance with a specified schedule and plan pursuant to applicable state and federal statutes and regulations. The statement shall include identification of any significant hazard areas, the date of the inspection and be signed by the person who inspected for the asbestos. If asbestos was detected, an operations and maintenance plan shall be developed in accordance with the regulations of the federal Asbestos Hazard Emergency Response Act and the statement shall be signed by the person who prepared the operations and maintenance plan. Any inspection, preparation of an operations and maintenance plan or response action shall be performed by competent personnel who have been licensed in accordance with the provisions of Chapter 5 of Title 54.1.\n\t\tWhen asbestos has been detected, the applicant for licensure shall also submit to the Superintendent a written statement that response actions to abate any risk to human health have been or will be initiated in accordance with a specified schedule and plan as recommended by an asbestos management planner licensed in Virginia. This statement shall be signed by the applicant for licensure.\n\t\tThe written statements required by this section shall be submitted for approval to the Superintendent’s representative prior to issuance of a license. The provisions of this section shall not apply to child day centers located in buildings required to be inspected pursuant to Article 5 (\u00a7 2.2-1162 et seq.) of Chapter 11 of Title 2.2.","order_by":null,"text":{"0":{"id":311304,"text":"The Superintendent shall not issue a license to any child day center that is located in a building built prior to 1978 until he receives a written statement that the building has been inspected for asbestos, as defined by \u00a7 2.2-1162, and in accordance with the regulations for initial asbestos inspections pursuant to the federal Asbestos Hazard Emergency Response Act, 40 C.F.R. Part 763 \u2014 Asbestos Containing Materials in Schools. The inspection shall be conducted by personnel competent to identify the presence of asbestos and licensed in Virginia as an asbestos inspector and as an asbestos management planner pursuant to Chapter 5 (\u00a7 54.1-500 et seq.) of Title 54.1. The written statement shall state whether (i) no asbestos was detected, (ii) asbestos was detected and response actions to abate any risk to human health have been completed, or (iii) asbestos was detected and response actions to abate any risk to human health have been recommended in accordance with a specified schedule and plan pursuant to applicable state and federal statutes and regulations. The statement shall include identification of any significant hazard areas, the date of the inspection and be signed by the person who inspected for the asbestos. If asbestos was detected, an operations and maintenance plan shall be developed in accordance with the regulations of the federal Asbestos Hazard Emergency Response Act and the statement shall be signed by the person who prepared the operations and maintenance plan. Any inspection, preparation of an operations and maintenance plan or response action shall be performed by competent personnel who have been licensed in accordance with the provisions of Chapter 5 of Title 54.1.\n\t\tWhen asbestos has been detected, the applicant for licensure shall also submit to the Superintendent a written statement that response actions to abate any risk to human health have been or will be initiated in accordance with a specified schedule and plan as recommended by an asbestos management planner licensed in Virginia. This statement shall be signed by the applicant for licensure.\n\t\tThe written statements required by this section shall be submitted for approval to the Superintendent’s representative prior to issuance of a license. The provisions of this section shall not apply to child day centers located in buildings required to be inspected pursuant to Article 5 (\u00a7 2.2-1162 et seq.) of Chapter 11 of Title 2.2.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13625,"edition_id":1,"name":"Facilities and Programs","identifier":"8","label":"article","depth":3,"order_by":1,"parent_id":13624,"metadata":{},"date_created":"2026-06-26 03:45:24","date_modified":"2026-06-26 03:45:24","permalink":{"id":182821,"object_type":"structure","relational_id":13625,"identifier":"8","token":"22.1\/14.1\/8","url":"\/22.1\/14.1\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13624,"edition_id":1,"name":"Early Childhood Care and Education","identifier":"14.1","label":"chapter","depth":2,"order_by":1,"parent_id":12823,"metadata":{},"date_created":"2026-06-26 03:45:24","date_modified":"2026-06-26 03:45:24","permalink":{"id":182605,"object_type":"structure","relational_id":13624,"identifier":"14.1","token":"22.1\/14.1","url":"\/22.1\/14.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12823,"edition_id":1,"name":"Education","identifier":"22.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":180949,"object_type":"structure","relational_id":12823,"identifier":"22.1","token":"22.1","url":"\/22.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":54594,"structure_id":13625,"section_number":"22.1-289.049","catch_line":"Regulated child day programs to require proof of child identity and age; report to law-enforcement agencies","url":"\/22.1-289.049\/","token":"22.1\/14.1\/8\/22.1-289.049","metadata":false},{"id":61485,"structure_id":13625,"section_number":"22.1-289.050","catch_line":"Insurance notice requirements for family day homes; civil penalty","url":"\/22.1-289.050\/","token":"22.1\/14.1\/8\/22.1-289.050","metadata":false},{"id":70405,"structure_id":13625,"section_number":"22.1-289.051","catch_line":"Dual licenses for certain child day centers","url":"\/22.1-289.051\/","token":"22.1\/14.1\/8\/22.1-289.051","metadata":false},{"id":86948,"structure_id":13625,"section_number":"22.1-289.052","catch_line":"Asbestos inspection required for child day centers","url":"\/22.1-289.052\/","token":"22.1\/14.1\/8\/22.1-289.052","metadata":false},{"id":87303,"structure_id":13625,"section_number":"22.1-289.053","catch_line":"Delay in acting on application or in notification","url":"\/22.1-289.053\/","token":"22.1\/14.1\/8\/22.1-289.053","metadata":false},{"id":68897,"structure_id":13625,"section_number":"22.1-289.054","catch_line":"Visitation by parents or guardians in child day programs","url":"\/22.1-289.054\/","token":"22.1\/14.1\/8\/22.1-289.054","metadata":false},{"id":63553,"structure_id":13625,"section_number":"22.1-289.055","catch_line":"Public funds to be withheld for serious or persistent violations","url":"\/22.1-289.055\/","token":"22.1\/14.1\/8\/22.1-289.055","metadata":false},{"id":87270,"structure_id":13625,"section_number":"22.1-289.055:1","catch_line":"Programs offered at certain residential private school","url":"\/22.1-289.055_1\/","token":"22.1\/14.1\/8\/22.1-289.055_1","metadata":false},{"id":62352,"structure_id":13625,"section_number":"22.1-289.056","catch_line":"Storage of firearms in certain family day homes","url":"\/22.1-289.056\/","token":"22.1\/14.1\/8\/22.1-289.056","metadata":false},{"id":64291,"structure_id":13625,"section_number":"22.1-289.057","catch_line":"Child day programs and certain other programs; potable water; lead testing","url":"\/22.1-289.057\/","token":"22.1\/14.1\/8\/22.1-289.057","metadata":false},{"id":67723,"structure_id":13625,"section_number":"22.1-289.058","catch_line":"Child day programs and certain other programs; carbon monoxide detectors","url":"\/22.1-289.058\/","token":"22.1\/14.1\/8\/22.1-289.058","metadata":false},{"id":77450,"structure_id":13625,"section_number":"22.1-289.059","catch_line":"Possession and administration of an appropriate weight-based dosage of epinephrine by employees","url":"\/22.1-289.059\/","token":"22.1\/14.1\/8\/22.1-289.059","metadata":false}],"previous_section":{"id":70405,"structure_id":13625,"section_number":"22.1-289.051","catch_line":"Dual licenses for certain child day centers","url":"\/22.1-289.051\/","token":"22.1\/14.1\/8\/22.1-289.051","metadata":false},"next_section":{"id":87303,"structure_id":13625,"section_number":"22.1-289.053","catch_line":"Delay in acting on application or in notification","url":"\/22.1-289.053\/","token":"22.1\/14.1\/8\/22.1-289.053","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/22.1-289.052\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapters 860<\/a> and 861<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":63222,"section_number":"2.2-1167","catch_line":"Commonwealth immune from civil liability","order_by":null,"url":"\/2.2-1167\/"}],"refers_to":[{"id":81216,"section_number":"2.2-1162","catch_line":"Definitions","order_by":null,"url":"\/2.2-1162\/"},{"id":77814,"section_number":"54.1-500","catch_line":"Definitions","order_by":null,"url":"\/54.1-500\/"}],"permalink":{"id":182835,"object_type":"law","relational_id":86948,"identifier":"22.1-289.052","token":"22.1\/14.1\/8\/22.1-289.052","url":"\/22.1-289.052\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/22.1-289.052\/","token":"22.1\/14.1\/8\/22.1-289.052","dublin_core":{"Title":"Asbestos inspection required for child day centers","Type":"Text","Format":"text\/html","Identifier":"\u00a7 22.1-289.052","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The Superintendent<\/span> shall not issue<\/span> a license to any child day center<\/span> that is located in a building built prior to 1978 until he receives a written statement that the building has been inspected for asbestos, as defined by \u00a7 2.2-1162<\/a>, and in accordance with the regulations for initial asbestos inspections pursuant to the federal Asbestos Hazard Emergency Response Act, 40 C.F.R. Part 763 \u2014 Asbestos Containing Materials<\/span> in Schools. The inspection shall be conducted by personnel competent to identify the presence of asbestos and licensed in Virginia as an asbestos inspector and as an asbestos management planner pursuant to Chapter 5 (\u00a7 54.1-500<\/a> et seq.) of Title 54.1. The written statement shall state whether (i) no asbestos was detected, (ii) asbestos was detected and response actions to abate any risk to human health have been completed, or (iii) asbestos was detected and response actions to abate any risk to human health have been recommended in accordance with a specified schedule and plan pursuant to applicable state and federal statutes<\/span> and regulations. The statement shall include identification of any significant hazard areas, the date of the inspection and be signed by the person who inspected for the asbestos. If asbestos was detected, an operations and maintenance plan shall be developed in accordance with the regulations of the federal Asbestos Hazard Emergency Response Act and the statement shall be signed by the person who prepared the operations and maintenance plan. Any inspection, preparation of an operations and maintenance plan or response action shall be performed by competent personnel who have been licensed in accordance with the provisions of Chapter 5 of Title 54.1.\n\t\tWhen asbestos has been detected, the applicant for licensure shall also submit to the Superintendent<\/span> a written statement that response actions to abate any risk to human health have been or will be initiated in accordance with a specified schedule and plan as recommended by an asbestos management planner licensed in Virginia. This statement shall be signed by the applicant for licensure.\n\t\tThe written statements required by this section shall be submitted for approval to the Superintendent<\/span>’s representative prior to issuance of a license. The provisions of this section shall not apply to child day centers<\/span> located in buildings required to be inspected pursuant to Article 5 (\u00a7 2.2-1162<\/a> et seq.) of Chapter 11 of Title 2.2.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nASBESTOS INSPECTION REQUIRED FOR CHILD DAY CENTERS (\u00a7 22.1-289.052)\n\nThe Superintendent shall not issue a license to any child day center that is\nlocated in a building built prior to 1978 until he receives a written statement\nthat the building has been inspected for asbestos, as defined by \u00a7 2.2-1162,\nand in accordance with the regulations for initial asbestos inspections pursuant\nto the federal Asbestos Hazard Emergency Response Act, 40 C.F.R. Part 763 \u2014\nAsbestos Containing Materials in Schools. The inspection shall be conducted by\npersonnel competent to identify the presence of asbestos and licensed in\nVirginia as an asbestos inspector and as an asbestos management planner pursuant\nto Chapter 5 (\u00a7 54.1-500 et seq.) of Title 54.1. The written statement shall\nstate whether (i) no asbestos was detected, (ii) asbestos was detected and\nresponse actions to abate any risk to human health have been completed, or (iii)\nasbestos was detected and response actions to abate any risk to human health\nhave been recommended in accordance with a specified schedule and plan pursuant\nto applicable state and federal statutes and regulations. The statement shall\ninclude identification of any significant hazard areas, the date of the\ninspection and be signed by the person who inspected for the asbestos. If\nasbestos was detected, an operations and maintenance plan shall be developed in\naccordance with the regulations of the federal Asbestos Hazard Emergency\nResponse Act and the statement shall be signed by the person who prepared the\noperations and maintenance plan. Any inspection, preparation of an operations\nand maintenance plan or response action shall be performed by competent\npersonnel who have been licensed in accordance with the provisions of Chapter 5\nof Title 54.1.\n\t\tWhen asbestos has been detected, the applicant for licensure shall also submit\nto the Superintendent a written statement that response actions to abate any\nrisk to human health have been or will be initiated in accordance with a\nspecified schedule and plan as recommended by an asbestos management planner\nlicensed in Virginia. This statement shall be signed by the applicant for\nlicensure.\n\t\tThe written statements required by this section shall be submitted for\napproval to the Superintendent’s representative prior to issuance of a\nlicense. The provisions of this section shall not apply to child day centers\nlocated in buildings required to be inspected pursuant to Article 5 (\u00a7 2.2-1162\net seq.) of Chapter 11 of Title 2.2.\n\nHISTORY: 2020, cc. 860, 861.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}