                                 CODE OF VIRGINIA

ASBESTOS INSPECTION REQUIRED FOR CHILD DAY CENTERS (§ 22.1-289.052)

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 § 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 —
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 (§ 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.
		When 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.
		The written statements required by this section shall be submitted for
approval to the Superintendent&#8217;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 (§ 2.2-1162
et seq.) of Chapter 11 of Title 2.2.

HISTORY: 2020, cc. 860, 861.