CODE OF VIRGINIA

ASBESTOS INSPECTION REQUIRED FOR CHILD DAY CENTERS (§ 63.2-1811)

The Commissioner shall not issue a license to any child day center which 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 Asbestos Hazard Emergency Response Act, 40 CFR Pt. 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 that
either (i) no asbestos was detected or (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 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
Commissioner 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 Commissioner’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: 1987, c. 654, § 63.1-198.01; 1988, c. 723; 1993, cc. 660, 730, 742;
2002, c. 747.