reglab/housing_qa huggingface dataset:
VA Code § 40.1-51.19 (2021)
2021 Code of Virginia|Title 40.1 - Labor and Employment|Chapter 3.1 - Boiler and Pressure Vessel Safety Act|§ 40.1-51.19. Variances

Upon application pursuant to the provisions of subdivision (9) of § 40.1-6, the Commissioner may allow variances from a specific regulation provided the applicant proves by clear and convincing evidence his boiler or pressure vessel meets substantially equivalent operating criteria and standards.1972, c. 237; 1990, c. 226.
VA Code § 40.1-51.19:1 (2021)
2021 Code of Virginia|Title 40.1 - Labor and Employment|Chapter 3.1 - Boiler and Pressure Vessel Safety Act|§ 40.1-51.19:1. Definitions

As used in this article:"Hobby boiler" means any boiler used solely for demonstration, exhibition, ceremonial or educational purposes, including but not limited to, historical artifacts such as portable and stationary show boilers, farm traction engines, and locomotives."Model boiler" means any boiler fabricated to demonstrate an original design or to reproduce or replicate a historic artifact, and used primarily for demonstration, exhibition, or educational purposes.1999, c. 335; 2000, c. 898.
VA Code § 40.1-51.19:2 (2021)
2021 Code of Virginia|Title 40.1 - Labor and Employment|Chapter 3.1 - Boiler and Pressure Vessel Safety Act|§ 40.1-51.19:2. Applicability

Hobby and model boilers may continue in operation but shall be in compliance with the provisions of this article by July 1, 2000.1999, c. 335; 2000, c. 898.
VA Code § 40.1-51.19:4 (2021)
2021 Code of Virginia|Title 40.1 - Labor and Employment|Chapter 3.1 - Boiler and Pressure Vessel Safety Act|§ 40.1-51.19:4. Operations and maintenance

A. A hobby or model boiler must be attended by a person reasonably competent to operate such boiler when in operation. For the purposes of this section, a hobby or model boiler may be considered as not being in operation when all of the following conditions exist:1. The water level is at least one-third of the water gauge glass;2. The fire is banked and the draft doors closed or the fire is extinguished; and3. The boiler pressure is at least twenty pounds per square inch below the lowest safety valve set pressure.B. All welding performed on hobby or model boilers shall be done by an "R" stamp holder in accordance with the inspection code of the National Board of Boiler and Pressure Vessel Inspectors.C. Repairs to longitudinal riveted joints are prohibited.1999, c. 335; 2000, c. 898.
VA Code § 40.1-51.19:4.1 (2021)
2021 Code of Virginia|Title 40.1 - Labor and Employment|Chapter 3.1 - Boiler and Pressure Vessel Safety Act|§ 40.1-51.19:4.1. Variances

Upon application pursuant to the provisions of subdivision 9 of § 40.1-6, the Commissioner may allow variances from a specific statutory requirement of this article provided the applicant proves by clear and convincing evidence his hobby or model boiler meets substantially equivalent construction and operating criteria and standards.2000, cc. 879, 898.
VA Code § 40.1-51.19:5 (2021)
2021 Code of Virginia|Title 40.1 - Labor and Employment|Chapter 3.1 - Boiler and Pressure Vessel Safety Act|§ 40.1-51.19:5. Civil penalty

A. It shall be unlawful for any person, firm, partnership or corporation to operate in the Commonwealth a hobby or model boiler without a valid certificate. Any such person shall be subject to a civil penalty as provided by § 40.1-51.12.B. Any owner or user who leaves or causes to leave a hobby or model boiler unattended while in operation at an event to which members of the general public are invited shall be in violation of this article and subject to a civil penalty not to exceed $5,000. Each instance of such violation shall be deemed a separate offense.1999, c. 335; 2000, c. 898.
VA Code § 40.1-51.20 (2021)
2021 Code of Virginia|Title 40.1 - Labor and Employment|Chapter 3.2 - Asbestos Notification|§ 40.1-51.20. Duties of licensed asbestos and certified lead contractors

A. A licensed asbestos contractor and any certified lead contractor shall notify the Department of Labor and Industry at least twenty days prior to commencement of each asbestos or lead project. Notification shall be sent in a manner prescribed by the Department of Labor and Industry. The Department of Labor and Industry shall have the authority to waive all or any part of the twenty-day notice.B. A licensed asbestos contractor or certified lead contractor shall obtain an asbestos or lead project permit from the Department of Labor and Industry prior to commencing each asbestos or lead project in accordance with this chapter and shall pay directly to the Commissioner a fee as established by the Safety and Health Codes Board pursuant to the Administrative Process Act (§ 2.2-4000 et seq.). The fees shall be sufficient but not excessive to cover the cost of administering the program. All fees collected pursuant to this section shall be paid into a special fund in the state treasury to the credit of the Department of Labor and Industry and shall be used in carrying out the Department's mission under this chapter.The provisions of this subsection shall not apply to asbestos projects in residential buildings as defined by the Board in regulations adopted pursuant to the Administrative Process Act (§ 2.2-4000 et seq.).C. A licensed asbestos contractor or certified lead contractor shall keep a record of each asbestos or lead project performed and shall make the record available to the Departments of Professional and Occupational Regulation and of Labor and Industry upon request. Records required by this section shall be kept for at least thirty years. The records shall include:1. The name, address, and asbestos or lead supervisor's license or certification number of the individual who supervised the asbestos or lead project and each employee or agent who worked on the project;2. The location and description of the project and the amount of asbestos or lead material that was removed;3. The starting and completion dates of each project and a summary of the procedures that were used to comply with all federal and state standards; and4. The name and address of each disposal site where waste containing asbestos or lead was deposited, the results of the lead toxicity characteristic test, and the disposal site receipts.1992, c. 477; 1995, cc. 543, 585; 1996, cc. 180, 846.
VA Code § 40.1-51.21 (2021)
2021 Code of Virginia|Title 40.1 - Labor and Employment|Chapter 3.2 - Asbestos Notification|§ 40.1-51.21. Annual inspections

At least once a year, during an actual project, the Department of Labor and Industry shall conduct an on-site unannounced inspection of each licensed asbestos contractor's, licensed RFS contractor's, and certified lead contractor's procedures in regard to installing, removing and encapsulating asbestos and lead. The Commissioner or an authorized representative shall have the power and authority to enter at reasonable times upon any property for this purpose.1992, c. 477; 1995, cc. 543, 585.
VA Code § 40.1-51.22 (2021)
2021 Code of Virginia|Title 40.1 - Labor and Employment|Chapter 3.2 - Asbestos Notification|§ 40.1-51.22. Enforcement of chapter

A. Any person who commits the following violations of this chapter shall be subject to a civil penalty of up to $1,000 for an initial violation and $5,000 for each subsequent violation:1. Failure to provide the notification required by § 40.1-51.20;2. Improper notification as required by § 40.1-51.20. Improper notification shall include, but not be limited to, failing to provide required fees, intentionally failing to complete all required sections of the form, failing to properly amend a notification and providing information on the form; or3. Any violations of safety or health provisions of Title 40.1 or any standard, rule or regulation adopted pursuant thereto, discovered during an inspection conducted pursuant to § 40.1-51.21 shall be enforced separately pursuant to § 40.1-49.4.All procedural rights guaranteed to employers pursuant to § 40.1-49.4 shall apply to the penalties set under this section.B. Investigation and enforcement for violations of this chapter shall be carried out by the Department of Labor and Industry. Prosecutions under this chapter shall be the responsibility of the Office of the Attorney General of Virginia. Civil penalties imposed for violation of this chapter shall be paid into the general fund.1992, c. 477.
VA Code § 40.1-51.23 (2021)
2021 Code of Virginia|Title 40.1 - Labor and Employment|Chapter 3.3 - Virginia Asbestos Neshap Act|§ 40.1-51.23. Definitions

As used in this chapter, which may be cited as the Virginia Asbestos NESHAP Act, the following terms shall have the meanings set forth in this section unless the context requires a different meaning:"Asbestos" means any material containing more than one percent of asbestos by weight, which is friable or which has a reasonable chance of becoming friable in the course of ordinary or anticipated building use."Board" means the Safety and Health Codes Board."Commissioner" means the Commissioner of Labor and Industry or his authorized representative."Department" means the Department of Labor and Industry."National Emissions Standards for Hazardous Air Pollutants" or "NESHAP" means those portions of the regulations contained in 40 CFR Part 61 under the federal Clean Air Act which deal with the demolition and renovation of asbestos facilities. The following list of sections of the CFR are included in the Board's authority but do not limit it: §§ 61.140; 61.141; 61.145; 61.146; 61.148; 61.150, except subsection (a) (4); 61.154, except subsection (d); and 61.156."Owner" means any person who owns, leases, operates, controls, or supervises the facility being demolished, renovated, sprayed, or insulated; any person who owns, leases, operates, controls, or supervises the demolition, renovation, spraying, or insulation operation; or both.1992, c. 541.
VA Code § 40.1-51.24 (2021)
2021 Code of Virginia|Title 40.1 - Labor and Employment|Chapter 3.3 - Virginia Asbestos Neshap Act|§ 40.1-51.24. Department authorized to enter certain agreements

The Department is hereby authorized to:1. Make and enter into all contracts and agreements necessary or incidental to the performance of the Department's duties and the execution of its powers under this chapter including, but not limited to, contracts with the United States, other states, agencies, and governmental subdivisions of the Commonwealth.2. Accept grants from the United States government, its agencies and instrumentalities, and any other source. To these ends, the Department shall have the power to comply with such conditions and execute such agreements as may be necessary and desirable.1992, c. 541.
VA Code § 40.1-51.25 (2021)
2021 Code of Virginia|Title 40.1 - Labor and Employment|Chapter 3.3 - Virginia Asbestos Neshap Act|§ 40.1-51.25. Safety and Health Codes Board to formulate rules, regulations, etc.

A. The Board is authorized to formulate definitions, rules, regulations and standards which shall be designed to ensure the proper demolition and renovation of asbestos facilities and effect compliance with the asbestos NESHAP requirements of the federal Environmental Protection Agency. Such standards shall be at least as stringent as the asbestos regulations passed pursuant to § 112 of the Clean Air Act. The regulations shall not promote or encourage any substantial degradation of present air quality in any air basin or region which has an air quality superior to that stipulated in the regulations of the Department of Air Pollution Control. Any regulations adopted by the Board to have general effect in part or all of the Commonwealth shall be filed in accordance with the Virginia Register Act (§ 2.2-4100 et seq.).B. The Board in making regulations and in approving variances, and the courts in granting injunctive relief under the provisions of this chapter, shall consider facts and circumstances relevant to the reasonableness of the activity involved and the regulations proposed to control it, including:1. The character and degree of injury to, or interference with, safety, health, or the reasonable use of property which is caused or threatened to be caused;2. The social and economic value of the activity involved;3. The suitability of the activity to the area in which it is located; and4. The scientific and economic practicality of reducing or eliminating the discharge resulting from such activity.1992, c. 541.
VA Code § 40.1-51.26 (2021)
2021 Code of Virginia|Title 40.1 - Labor and Employment|Chapter 3.3 - Virginia Asbestos Neshap Act|§ 40.1-51.26. Commissioner of Labor and Industry to enforce laws

The Commissioner of Labor and Industry shall have the authority to:1. Supervise, administer, and enforce the provisions of this chapter and regulations of the Board;2. Receive complaints as to asbestos NESHAP violations;3. Hold or cause to be held hearings and enter orders diminishing or abating the causes of air pollution and orders to enforce regulations pursuant to § 40.1-51.28;4. Institute legal proceedings, including suits for injunctions for the enforcement of his orders, regulations of the Board, and for the enforcement of penalties;5. Investigate any violations of this chapter and regulations;6. Require that asbestos NESHAP records and reports be made available upon request, and require owners to develop, maintain, and make available such other records and information as are deemed necessary for the proper enforcement of this chapter and regulation; and7. Upon presenting appropriate credentials to the owner, operator, or agent in charge:a. Enter without delay and at reasonable times any business establishment, construction site, or other area, workplace, or environment in this Commonwealth, subject to federal security requirements; andb. Inspect and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, without prior notice, unless such notice is authorized by the Commissioner or his representative, any such business establishment or place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials therein, and question privately any such employer, officer, owner, operator, agent, or employee. If such entry or inspection is refused, prohibited, or otherwise interfered with, the Commissioner shall have the power to seek an order compelling such entry or inspection, pursuant to § 40.1-49.9.1992, c. 541.
VA Code § 40.1-51.27 (2021)
2021 Code of Virginia|Title 40.1 - Labor and Employment|Chapter 3.3 - Virginia Asbestos Neshap Act|§ 40.1-51.27. Inspections, investigations, etc.

The Commissioner is authorized to make or cause to be made, such investigations and inspections and do such other things as are reasonably necessary to carry out the provisions of this chapter.1992, c. 541.
VA Code § 40.1-51.28 (2021)
2021 Code of Virginia|Title 40.1 - Labor and Employment|Chapter 3.3 - Virginia Asbestos Neshap Act|§ 40.1-51.28. Issuance of special orders

A. The Commissioner shall have the power to issue special orders to:1. Owners who are permitting or causing asbestos NESHAP violations, to cease and desist from such violation;2. Owners who have violated or failed to comply with the terms and provisions of any order of the Commissioner, to comply with such terms and provisions;3. Owners who have contravened duly adopted asbestos NESHAP standards and regulations, to cease such contravention and to comply with air quality standards and policies; and4. Require any owner to comply with the provisions of this chapter.B. Such special orders are to be issued only after a hearing with reasonable notice to the affected owners of the time, place and purpose thereof, and they shall become effective not less than five days after service as provided in subsection C. Should the Commissioner find that any such owner is unreasonably affecting the public health, safety or welfare, the health of animal or plant life, or property, after a reasonable attempt to give notice, he shall declare a state of emergency and may issue without a hearing an emergency special order directing the owner to cease such pollution immediately, and shall within ten days hold a hearing, after reasonable notice as to the time and place thereof to the owner to affirm, modify, amend or cancel such emergency special order. If the Commissioner finds that an owner who has been issued a special order or an emergency special order is not complying with the terms thereof, he may proceed in accordance with § 40.1-51.35 or § 40.1-51.39.C. Any special order issued under the provisions of this section need not be filed with the Secretary of the Commonwealth, but the owner to whom such special order is directed shall be notified by certified mail, return receipt requested, sent to the last known address of such owner, or by personal delivery by an agent of the Commissioner, and the time limits specified shall be counted from the date of receipt.D. Nothing in this section or in § 40.1-51.26 shall limit the Commissioner's authority to proceed against such owner directly under § 40.1-51.35 or § 40.1-51.39 without the prior issuance of an order, special, or otherwise.1992, c. 541.
VA Code § 40.1-51.29 (2021)
2021 Code of Virginia|Title 40.1 - Labor and Employment|Chapter 3.3 - Virginia Asbestos Neshap Act|§ 40.1-51.29. Decision of Commissioner pursuant to hearing

Any decision by the Commissioner rendered pursuant to hearings under § 40.1-51.28 shall be reduced to writing and shall contain the explicit findings of fact and conclusions of law upon which the decision is based. Certified copies of the written decisions shall be delivered or mailed by certified mail to the parties affected by it. Failure to comply with this section shall render such decision invalid.1992, c. 541.
VA Code § 40.1-51.30 (2021)
2021 Code of Virginia|Title 40.1 - Labor and Employment|Chapter 3.3 - Virginia Asbestos Neshap Act|§ 40.1-51.30. Appeal to Board

Any owner aggrieved by a final decision of the Commissioner under § 40.1-51.28 may file a notice of appeal to the Board within fifteen days. Such notice shall be in writing and addressed to the Commissioner.1992, c. 541.
VA Code § 40.1-51.31 (2021)
2021 Code of Virginia|Title 40.1 - Labor and Employment|Chapter 3.3 - Virginia Asbestos Neshap Act|§ 40.1-51.31. Penalties for noncompliance; judicial review

A. The Board is authorized to promulgate regulations providing for the determination of a formula for the basis of the amount of any noncompliance penalty to be assessed by a court pursuant to subsection B hereof, in conformance with the requirements of § 120 of the federal Clean Air Act, as amended, and any regulations promulgated thereunder. Any regulations promulgated pursuant to this section shall be in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).B. Upon a determination of the amount by the Commissioner, the Commissioner shall petition the circuit court of the county or city wherein the owner subject to such noncompliance assessment resides, regularly or systematically conducts affairs or business activities, or where such owner's property affected by the administrative action is located for an order requiring payment of a noncompliance penalty in a sum the court deems appropriate.C. Any order issued by a court pursuant to this section may be enforced as a judgment of the court. All sums collected, less the assessment and collection costs, shall be paid into the general fund of the state treasury.D. Any penalty assessed under this section shall be in addition to permits, fees, orders, payments, sanctions, or other requirements under this chapter and shall in no way affect any civil or criminal enforcement proceedings brought under other provisions of this chapter.1992, c. 541.
VA Code § 40.1-51.32 (2021)
2021 Code of Virginia|Title 40.1 - Labor and Employment|Chapter 3.3 - Virginia Asbestos Neshap Act|§ 40.1-51.32. Owners to furnish plans, specifications and information

Every owner which the Commissioner has reason to believe is causing, or may be about to cause, an asbestos NESHAP problem shall on request of the Commissioner furnish such plans, specifications and information as may be required by the Commissioner in the discharge of his duties under this chapter. Any information, except emission data, as to secret processes, formulae or methods of manufacture or production shall not be disclosed in a public hearing and shall be kept confidential. If samples are taken for analysis, a duplicate of the analytical report shall be furnished promptly to the person from whom such sample is requested.1992, c. 541.
VA Code § 40.1-51.33 (2021)
2021 Code of Virginia|Title 40.1 - Labor and Employment|Chapter 3.3 - Virginia Asbestos Neshap Act|§ 40.1-51.33. Protection of trade secrets

Any information, except emissions data, reported to or otherwise obtained by the Commissioner which contains or might reveal a trade secret shall be confidential and shall be limited to those persons who need such information for purposes of enforcement of this chapter or the federal Clean Air Act or regulations and orders of the Commissioner. It shall be the duty of each owner to notify the Commissioner of the existence of trade secrets when he desires the protection provided herein.1992, c. 541.
VA Code § 40.1-51.34 (2021)
2021 Code of Virginia|Title 40.1 - Labor and Employment|Chapter 3.3 - Virginia Asbestos Neshap Act|§ 40.1-51.34. Right of entry

Whenever it is necessary for the purposes of this chapter, the Commissioner may at reasonable times enter any establishment or upon any property, public or private, subject to federal security requirements, to obtain information or conduct surveys or investigations.1992, c. 541.
VA Code § 40.1-51.35 (2021)
2021 Code of Virginia|Title 40.1 - Labor and Employment|Chapter 3.3 - Virginia Asbestos Neshap Act|§ 40.1-51.35. Compelling compliance with regulations and orders of Board; penalty for violations

A. Any owner violating or failing, neglecting or refusing to obey any asbestos NESHAP regulation or order of the Commissioner may be compelled to comply by injunction, mandamus or other appropriate remedy.B. Without limiting the remedies which may be obtained under this section, any owner violating or failing, neglecting or refusing to obey any Board regulation or order or any provision of this chapter shall be subject, in the discretion of the court, to a civil penalty not to exceed $25,000 for each violation. Each day of violation shall constitute a separate offense. In determining the amount of any civil penalty to be assessed pursuant to this subsection, the court shall consider, in addition to such other factors as it may deem appropriate, the size of the owner's business, the severity of the economic impact of the penalty on the business, and the seriousness of the violation. Such civil penalties shall be paid into the state treasury.C. With the consent of an owner who has violated or failed, neglected or refused to obey any asbestos NESHAP regulation or order or any provision of this chapter, the Commissioner may provide, in any order issued by the Commissioner against the owner, for the payment of civil charges in specific sums, not to exceed the limit of subsection B. Such civil charges shall be in lieu of any civil penalty which could be imposed under subsection B and shall be paid into the state treasury.1992, c. 541.
VA Code § 40.1-51.36 (2021)
2021 Code of Virginia|Title 40.1 - Labor and Employment|Chapter 3.3 - Virginia Asbestos Neshap Act|§ 40.1-51.36. Judicial review of regulations of Board

The validity of any regulation may be determined through judicial review in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).1992, c. 541.
VA Code § 40.1-51.37 (2021)
2021 Code of Virginia|Title 40.1 - Labor and Employment|Chapter 3.3 - Virginia Asbestos Neshap Act|§ 40.1-51.37. Appeal from decision of Board

Any owner aggrieved by a final decision of the Board under § 40.1-51.30 or of the Commissioner under subdivision 4 of § 40.1-51.26 is entitled to judicial review thereof in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).1992, c. 541.