Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 27 - Asbestos-Containing Materials (ACM) in Schools and State Buildings › Section III-2735 - Exclusions

Current through Register Vol. 50, No. 6, June 20, 2024
A. A local
				education agency or the state government shall not be required to perform an
				inspection under LAC 33:III.2707.A in any sampling area as defined in LAC
				33:III.2703 or homogeneous area of a school or state building where the
				following conditions exist.
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 accreditation number and, within 30 days after such
				determination, submit a copy of the statement to the person designated under
				LAC 33:III.2705 for inclusion in the management plan. However, an accredited
				inspector shall assess the friable ACBM under LAC 33:III.2713.
2. An accredited 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 his or
				her accreditation number and, within 30 days after such determination, submit a
				copy of the statement to the person designated under LAC 33:III.2705 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 LAC
				33:III.2713.
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
				LAC 33:III.2707.A, which for the 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.
a. The accredited inspector
				shall sign and date a statement, with his or her accreditation number, that the
				homogeneous or sampling area determined not be ACBM was sampled in substantial
				compliance with LAC 33:III.2707.A.
b. Within 30 days after the inspector's
				determination, the local education agency or the state government shall submit
				a copy of the inspector's statement to the Office of Environmental Services and
				shall include the statement in the management plan for that school or state
				building.
4. The
				Department of Environmental Quality 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 LAC 33:III.2707.A. Such determination
				shall be included in the management plan for that school or state
				building.
5. An accredited
				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 his or her accreditation number, and, within 30
				days of such determination, submit a copy of the statement to the person
				designated under LAC 33:III.2705 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 LAC
				33:III.2713.
6. 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
				accreditation number. The local education agency or the state government shall
				submit a copy of the statement to the Office of Environmental Services and
				shall include the statement in the management plan for that school or state
				building.
7. 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 Office of Environmental Services and shall complete applicable
				portions of Form AAC-8 (pages 1, 4, and 5) to serve as that portion of the
				management plan for that school.