Connecticut Administrative Code › Title 19a - Public Health and Well-being › 333 - Asbestos-Containing Materials in Schools › Section 19a-333-13 - Exclusions

Current through July 10, 2024
(a) A local education agency shall not be
			 required to perform an inspection under subsection (a) of section
			 19a-333-3
			 of the regulations of Connecticut State Agencies in any sampling area or
			 homogeneous area of a school building where any of the following conditions
			 apply.
(1) An accredited inspector has
			 determined that, based on sampling records, friable ACBM was identified in that
			 homogeneous or sampling area during an inspection conducted before December 14,
			 1987. The inspector shall sign and date a statement to that effect with his or
			 her state of accreditation and if applicable, accreditation number and, within
			 thirty (30) days after such determination, submit a copy of the statement to
			 the person designated under section
			 19a-333-2
			 of the regulations of Connecticut State Agencies for inclusion in the
			 management plan. However, an accredited inspector shall assess the friable ACBM
			 under section
			 19a-333-6 of the
			 regulations of Connecticut State Agencies.
(2) An accredited inspector has determined,
			 based on sampling records, that nonfriable ACBM was identified in that
			 homogeneous or sampling area during an inspection conducted before December 14,
			 1987. The inspector shall sign and date a statement to that effect with his or
			 her state of accreditation and if applicable, accreditation number and, within
			 thirty (30) days after such determination, submit a copy of the statement to
			 the person designated under section
			 19a-333-2
			 of the regulations of Connecticut State Agencies for inclusion in the
			 management plan. However, an accredited inspector shall identify whether
			 material that was nonfriable has become friable since that previous inspection
			 and shall assess the newly friable ACBM under section
			 19a-333-6 of the
			 regulations of Connecticut State Agencies.
(3) Based on sampling records and inspection
			 records, an accredited inspector has determined that no ACBM is present in the
			 homogeneous or sampling area and the records show that the area was sampled,
			 before December 14, 1987, in substantial compliance with subsection (a) of
			 section
			 19a-333-3
			 of the regulations of Connecticut State Agencies, which for purposes of this
			 subsection means in a random manner and with a sufficient number of samples to
			 reasonably ensure that the area is not ACBM.
(A) The accredited inspector shall sign and
			 date a statement, with his or her state of accreditation and if applicable
			 accreditation number, that the homogeneous or sampling area determined not to
			 be ACBM was sampled in substantial compliance with subsection (a) of section
			 19a-333-3
			 of the regulations of Connecticut State Agencies.
(B) Within thirty (30) days after the
			 inspector's determination, the local education agency shall submit a copy of
			 the inspector's statement to the Department and shall include the statement in
			 the management plan for that school.
(4) An accredited inspector has determined,
			 based on records of an inspection conducted before December 14, 1987, that
			 suspected ACBM identified in that homogeneous or sampling area is assumed to be
			 ACM. The inspector shall sign and date a statement to that effect, with his or
			 her state of accreditation and if applicable, accreditation number and, within
			 thirty (30) days of such determination, submit a copy of the statement to the
			 person designated under section
			 19a-333-2
			 of the regulations of Connecticut State Agencies for inclusion in the
			 management plan. However, an accredited inspector shall identify whether
			 material that was nonfriable suspected ACBM assumed to be ACM has become
			 friable since the previous inspection and shall assess the newly friable
			 material and previously identified friable suspected ACBM assumed to be ACM
			 under section
			 19a-333-6 of the
			 regulations of Connecticut State Agencies.
(5) Based on inspection records and
			 contractor and clearance records, an accredited inspector has determined that
			 no ACBM is present in the homogeneous or sampling area where asbestos removal
			 operations have been conducted before December 14, 1987, and shall sign and
			 date a statement to that effect and include his or her state of accreditation
			 and, if applicable, accreditation number. The local education agency shall
			 submit a copy of the statement to the Department and shall include the
			 statement in the management plan for that school.
(6) An architect or project engineer
			 responsible for the construction of a new school building built after October
			 12, 1988, or an accredited inspector signs a statement that no ACBM was
			 specified as a building material in any construction document for the building,
			 or, to the best of his or her knowledge, no ACBM was used as a building
			 material in the building. The local education agency shall submit a copy of the
			 signed statement of the architect, project engineer, or accredited inspector to
			 the Department and shall include the statement in the management plan for that
			 school.