Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 502 - ASBESTOS CONTAINING MATERIALS IN SCHOOLS › Section 11-502-15 - Exclusions

Current through June, 2024
(a) The local education agency shall not be
				required to perform an inspection pursuant to section 11-502-5(a) in any
				homogeneous area of a school building where:
(1) A certified 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 the
				inspector's state of certification, the certification number and, within thirty
				days after such determination, submit a copy of the statement to the person
				designated under section 11-502-4 for inclusion in the management plan.
				However, a certified inspector shall assess the friable ACBM pursuant to
				section 11-502-8;
(2) A certified
				inspector has determined that, based on sampling records, 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 the inspector's state of certification, certification number, and,
				within thirty days after such determination, submit a copy of the statement to
				the person designated pursuant to section 11-502-4 for inclusion in the
				management plan. However, an certified inspector shall identify whether
				material that was nonfriable has become friable since that previous inspection
				and shall assess the newly-friable ACBM pursuant to section 11-502-8;
(3) Based on sampling records and inspection
				records, an certified 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 section 11-502-5(a),
				which for purposes of this section means in a random manner and with a
				sufficient number of samples to reasonably ensure that the area is not ACBM.
				The certified inspector shall sign and date a statement, with the inspector's
				state of certification, and certification number, that the homogeneous or
				sampling area determined not to be ACBM was sampled in substantial compliance
				with section 11-502-5(a). Within thirty days after the inspector's
				determination, the local education agency shall submit a copy of the
				inspector's statement to the director and shall include the statement in the
				management plan for that school;
(4) The department of health has determined
				that, based on sampling records and inspection records, 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 section 11-502-5(a).
				Such determination shall be included in the management plan for that
				school;
(5) A certified inspector
				has determined that, based on records of an inspection conducted before
				December 14, 1987, 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 the inspector's state of certification, certification number
				and, within thirty days of such determination, submit a copy of the statement
				to the person designated pursuant to section 11-502-4 for inclusion in the
				management plan. However, an certified 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
				pursuant to section 11-502-8;
(6)
				Based on inspection, contractor, and clearance records, a certified 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 the inspector's
				state of certification and certification number. The local education agency
				shall submit a copy of the statement to the director and shall include the
				statement in the management plan for that school; or
(7) An architect or project engineer
				responsible for the construction of a new school building built after October
				12, 1988, or a certified 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 that person's 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 certified inspector to the
				director and shall include the statement in the management plan for that
				school.