CODE OF VIRGINIA

POWERS AND DUTIES OF THE BOARD (§ 54.1-501)

The Board shall administer and enforce this chapter. The Board shall:

   1.  Promulgate regulations necessary to carry out the requirements of this
   chapter in accordance with the provisions of the Administrative Process Act
   (§ 2.2-4000 et seq.) to include but not be limited to the prescription of
   fees, procedures, and qualifications for the issuance and renewal of asbestos,
   lead, and renovation licenses, and governing conflicts of interest among
   various categories of asbestos, lead, and renovation licenses;

   2.  Approve the criteria for accredited asbestos training programs, accredited
   lead training programs, accredited renovation training programs, training
   managers, and principal instructors;

   3.  Approve accredited asbestos training programs, accredited lead training
   programs, accredited renovation training programs, examinations and the
   grading system for testing applicants for asbestos, lead, and renovation
   licensure;

   4.  Promulgate regulations governing the licensing of and establishing
   performance criteria applicable to asbestos analytical laboratories;

   5.  Promulgate regulations governing the functions and duties of project
   monitors on asbestos projects, circumstances in which project monitors shall
   be required for asbestos projects, and training requirements for project
   monitors;

   6.  Promulgate, in accordance with the Administrative Process Act, regulations
   necessary to establish procedures and requirements for the: (i) approval of
   accredited lead training programs, (ii) licensure of individuals and firms to
   engage in lead-based paint activities, and (iii) establishment of standards
   for performing lead-based paint activities consistent with the Residential
   Lead-based Paint Hazard Reduction Act and United States Environmental
   Protection Agency regulations. If the United States Environmental Protection
   Agency (EPA) has adopted, prior to the promulgation of any related regulations
   by the Board, any final regulations relating to lead-based paint activities,
   then the related regulations of the Board shall not be more stringent than the
   EPA regulations in effect as of the date of such promulgation. In addition, if
   the EPA shall have outstanding any proposed regulations relating to lead-based
   paint activities (other than as amendments to existing EPA regulations), as of
   the date of promulgation of any related regulations by the Board, then the
   related regulations of the Board shall not be more stringent than the proposed
   EPA regulations. In the event that the EPA shall adopt any final regulations
   subsequent to the promulgation by the Board of related regulations, then the
   Board shall, as soon as practicable, amend its existing regulations so as to
   be not more stringent than such EPA regulations;

   7.  Promulgate regulations for certification of home inspectors not
   inconsistent with this chapter regarding the professional qualifications of
   home inspectors applicants, the requirements necessary for passing home
   inspectors examinations in whole or in part, the proper conduct of its
   examinations, the proper conduct of the home inspectors certified by the
   Board, the implementation of exemptions from certifications requirements, and
   the proper discharge of its duties; and

   7.  Promulgate regulations for the licensing of home inspectors not
   inconsistent with this chapter regarding the professional qualifications of
   home inspectors applicants, the requirements necessary for passing home
   inspectors examinations, the proper conduct of its examinations, the proper
   conduct of the home inspectors licensed by the Board, and the proper discharge
   of its duties; and

   8.  Promulgate, in accordance with the Administrative Process Act, regulations
   necessary to establish procedures and requirements for the (i) approval of
   accredited renovation training programs, (ii) licensure of individuals and
   firms to engage in renovation, and (iii) establishment of standards for
   performing renovation consistent with the Residential Lead-based Paint Hazard
   Reduction Act and United States Environmental Protection Agency (EPA)
   regulations. Such regulations of the Board shall be consistent with the EPA
   Lead Renovation, Repair, and Painting Program final rule.

HISTORY: 1987, c. 579, § 54-145.5; 1988, c. 765; 1989, c. 397; 1990, cc. 49,
73, 823; 1991, c. 45; 1992, c. 477; 1993, cc. 499, 660; 1994, cc. 185, 911;
1995, cc. 543, 585; 1996, cc. 180, 846; 1997, cc. 649, 885; 1998, c. 739; 2001,
c. 723; 2009, cc. 358, 819; 2012, cc. 803, 835; 2016, cc. 161, 436.