reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 30 - DEPARTMENT OF GENERAL SERVICES › Chapter 100 - REGULATIONS FOR CAPITOL SQUARE › Section 1VAC30-100-50 - Permit process

Current through Register Vol. 40, No. 24, July 15, 2024
A. The Governor
				will have priority over use of Capitol Square.
B. The department may not issue permits for
				any event in Capitol Square coinciding or conflicting with inaugural events,
				including activities associated with inauguration.
C. Requests for permits generally will be
				considered on a first-come, first-served basis.
D. Capitol Square is available for permitted
				events from sunrise to sunset daily, subject to the restrictions of
				1VAC30-100-30 C.
E. Permitted
				events may last a maximum of one hour, with an additional 30 minutes to set up
				the event and 30 minutes to take it down.
F. No more than one event will be scheduled
				for the same time on the same day. This includes permitted setup and takedown
				time.
G. Application for a permit
				shall be made in writing on an Application for Use of Capitol Square and
				submitted to the department at least six days prior to the planned event when
				the expected attendance is less than 1,000 individuals. Application for events
				when expected attendance is more than 1,000 individuals shall be submitted 45
				days in advance, except as specified in subsection I of this section.
H. An application for an event must contain,
				at a minimum, the following information:
1.
				Type and purpose of event, meeting, or function.
2. Name, address, telephone number, and email
				address of permittee.
3. Name,
				address, telephone number, and email address of alternate contact.
4. Name of organization, date of origin,
				status (e.g., corporation, unincorporated association, partnership, or
				nonprofit corporation) and name, address, and telephone number, and email
				address of registered agent if the permittee is a corporation or other business
				entity.
5. Approximate number of
				people who will attend the event.
6. Requested date and time of the
				event.
7. Whether the event is
				being advertised or promoted to the general public.
8. Transportation plan for
				attendees.
9. Waste management
				plan.
10. Whether the department's
				sound equipment will be needed.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 30 - DEPARTMENT OF GENERAL SERVICES › Chapter 100 - REGULATIONS FOR CAPITOL SQUARE › Section 1VAC30-100-70 - Denials and revocations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				department may deny a request for a permit or revoke a permit before or during
				an event upon determination of the director or the director's designee that any
				of the following conditions has occurred:
1.
				A completed application for an event at the same time already has been received
				from another applicant, and a permit has been or will be granted for the event.
				In such a case, an alternate date or time, if available, will be
				proposed.
2. Incomplete
				information, false statements, or misrepresentation have been made on the
				permit application.
3. Fraud was
				committed or misrepresentation made in obtaining the permit.
4. The permittee or the alternate contact
				persons are not present for the duration of the event, including during setup
				and takedown times.
5. The conduct
				of either the permittee or persons attending the event involves a violation of
				the permit, this chapter, or Virginia or federal law.
6. The number of persons engaged in the event
				exceeds the number of permitted attendees or cannot be safely
				accommodated.
7. The permittee
				twice (i) violated the terms of prior permits issued to the permittee or (ii)
				violated applicable law while applying for or using a prior permit. In such
				instances, the permittee is banned from obtaining a permit for 18 months from
				the date of the most recent violation.
8. The Governor's Office will be using all or
				part of the permit area during all or part of the requested time.
9. The Senate of Virginia or the Virginia
				House of Delegates will be using all or part of the permit area during all or
				part of the requested time for a government function.
10. The permit applicant has not certified
				that the applicant will comply with this chapter or applicable law.
11. The permit application is not submitted
				within the required timeframes of six or 45 days, depending on the number of
				planned attendees, or the application submitted does not justify an exception
				to the time requirements.
12. The
				permit application was submitted more than 180 days in advance of the proposed
				event.
13. The requested use would
				cause a clear and present danger to the orderly functions of Commonwealth of
				Virginia government or to the use of Capitol Square due to:
a. Advocacy of the imminent violent overthrow
				of government of the United States or the government of the Commonwealth of
				Virginia or any political subdivision thereof;
b. The willful damage or destruction or
				seizure and subversion of public property;
c. The forcible disruption or impairment of
				or interference with the regularly scheduled functions of the Commonwealth of
				Virginia;
d. Causing harm to or
				violating the lawful rights of any person; or
e. Other disorders of a violent
				nature.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 30 - DEPARTMENT OF GENERAL SERVICES › Chapter 100 - REGULATIONS FOR CAPITOL SQUARE › Section 1VAC30-100-80 - Appeals

Current through Register Vol. 40, No. 24, July 15, 2024
A. This section and
				the appeal procedures set forth herein shall apply only in cases when a timely
				and complete permit application was filed in accordance with this chapter, and
				the permit was denied. No appeal shall be available if a timely and complete
				permit application was not filed.
B. If an application is denied, the applicant
				will be informed in writing of any reason for the denial and will be advised
				that the denial may be appealed by written request to the director submitted
				within five business days of receipt of notice of such denial. The director may
				reverse, affirm, or modify the original determination. The director's written
				determination on the appeal shall be provided no later than 24 hours prior to
				the requested event time, provided it is received by the department at least 48
				hours prior to the requested time.
C. The appeal shall include the name,
				address, and contact information of the applicant; a concise statement of the
				reason the appeal should be granted; and a description of the event for which
				the permit is sought.
Statutory Authority: § 2.2-1144 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 30 - DEPARTMENT OF GENERAL SERVICES › Chapter 100 - REGULATIONS FOR CAPITOL SQUARE › Section 1VAC30-100-90 - Violations

Current through Register Vol. 40, No. 24, July 15, 2024
Violations of this chapter or of any other provision of
				  Virginia or federal law shall result in the immediate revocation of the permit
				  by the department or discontinuation of the event by the department or Capitol
				  Police. In the event such revocation or discontinuation occurs, all
				  participants shall immediately leave Capitol Square. Remaining in Capitol
				  Square after proper notice that the permit has been revoked or the event
				  discontinued shall be considered trespass in violation of § 18.2-119 of the
				  Code of Virginia.
Statutory Authority: § 2.2-1144 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 30 - DEPARTMENT OF GENERAL SERVICES › Chapter 100 - REGULATIONS FOR CAPITOL SQUARE › Form - FORMS (1VAC30-100)

Current through Register Vol. 40, No. 24, July 15, 2024
Agency
				  Application for Use of Capitol Square (submitted 8/2021)
Request
				  to Hold an Event at the Bell Tower (submitted 8/2021)
Statutory Authority: § 2.2-1144 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 30 - DEPARTMENT OF GENERAL SERVICES › Chapter 105 - REGULATIONS BANNING CONCEALED FIREARMS IN OFFICES OWNED OR OCCUPIED BY EXECUTIVE BRANCH AGENCIES › Section 1VAC30-105-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to ban the carrying of
				  concealed firearms in offices occupied by executive branch agencies, with
				  certain exceptions as set forth herein.
Statutory Authority: § 2.2-1102 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 30 - DEPARTMENT OF GENERAL SERVICES › Chapter 105 - REGULATIONS BANNING CONCEALED FIREARMS IN OFFICES OWNED OR OCCUPIED BY EXECUTIVE BRANCH AGENCIES › Section 1VAC30-105-20 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
A. This chapter
				applies to all buildings owned, leased, or controlled in whole or in part by or
				for an executive branch agency. This chapter is intended to be consistent with
				the Virginia Department of Human Resource Management Policy 1.80 - Workplace
				Violence, which prohibits state employees from possessing, brandishing, or
				using a weapon that is not required by the employee's position while on state
				premises or engaged in state business.
B. This chapter applies to the concealed
				carrying of firearms; the Department of General Services has issued a guidance
				document elsewhere prohibiting the open carrying of firearms.
C. The prohibition against carrying a
				concealed firearm does not apply to law-enforcement officers, authorized
				security personnel, or military personnel when such individuals are authorized
				to carry a firearm in accordance with their duties and when they are carrying
				the firearm within that authority. It also does not apply to state employees
				where the employee's position requires carrying a concealed firearm.
D. This chapter does not apply to individuals
				who are on public hunting lands, are engaged in lawful hunting, and are in
				compliance with the Department of Game and Inland Fisheries hunting and
				trapping regulations found in 4VAC15, regarding allowable firearms and hunting
				license requirements.
Statutory Authority: § 2.2-1102 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 30 - DEPARTMENT OF GENERAL SERVICES › Chapter 105 - REGULATIONS BANNING CONCEALED FIREARMS IN OFFICES OWNED OR OCCUPIED BY EXECUTIVE BRANCH AGENCIES › Section 1VAC30-105-30 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
"Authorized security personnel" means a natural person who is
				  employed to (i) perform the functions of observation, detection, reporting, or
				  notification of appropriate authorities or designated agents regarding persons
				  or property on the premises he is assigned to protect; (ii) safeguard and
				  protect persons and property; or (iii) deter theft, loss, or concealment of any
				  tangible or intangible personal property on the premises he is assigned to
				  protect.
"Concealed firearm" means a firearm hidden from common
				  observation, including a firearm hidden when it is observable but is of such
				  deceptive appearance as to disguise the firearm's true nature.
"Executive branch agency" means any administrative unit of
				  state government in the executive branch, including any department,
				  institution, commission, board, council, authority, or other body, however
				  designated.
"Firearm" means any handgun, pistol, revolver, or other
				  weapon designed or intended to propel a missile of any kind by action of an
				  explosion of any combustible material.
"Law-enforcement officer" means the same as that term is
				  defined in § 18.2-307.1 of the Code of Virginia. This shall also include
				  retired law-enforcement officers certified pursuant to § 18.2-308.016 of the
				  Code of Virginia.
"State office" means any building or portion of a building
				  owned, leased, or controlled by or for an executive branch agency. This
				  includes that portion of any building open to others and then used exclusively
				  for functions or activities sponsored by an executive branch agency tenant or
				  tenants while such functions are taking place. It shall not include parking
				  facilities, lodges or cabins owned by the Commonwealth and used solely for the
				  public for recreational activities, any buildings that serve as living quarters
				  for Commonwealth employees, or any buildings at a rest area on an interstate
				  highway.
Statutory Authority: § 2.2-1102 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 30 - DEPARTMENT OF GENERAL SERVICES › Chapter 105 - REGULATIONS BANNING CONCEALED FIREARMS IN OFFICES OWNED OR OCCUPIED BY EXECUTIVE BRANCH AGENCIES › Section 1VAC30-105-40 - Possession of firearms prohibited

Current through Register Vol. 40, No. 24, July 15, 2024
Possession or carrying of any concealed firearm by any person
				  is prohibited in state offices. Entry upon a state office in violation of this
				  prohibition is expressly forbidden. This prohibition does not apply to
				  law-enforcement officers, authorized security personnel, or military personnel
				  when such individuals are authorized to carry a firearm in accordance with
				  their duties and when they are carrying the firearm within that authority. It
				  also does not apply to state employees where the employee's position requires
				  carrying a concealed firearm.
Statutory Authority: § 2.2-1102 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 30 - DEPARTMENT OF GENERAL SERVICES › Chapter 105 - REGULATIONS BANNING CONCEALED FIREARMS IN OFFICES OWNED OR OCCUPIED BY EXECUTIVE BRANCH AGENCIES › Section 1VAC30-105-50 - Required lease terms for state offices

Current through Register Vol. 40, No. 24, July 15, 2024
All leases entered into where an executive branch agency is
				  the lessor shall contain a prohibition on concealed firearms consistent with
				  this chapter. All leases entered into for the benefit of an executive branch
				  agency shall contain this prohibition to indicate the lessor's acknowledgment.
				  Exceptions may be allowed where approved in writing by the Governor or his
				  designee.
Statutory Authority: § 2.2-1102 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 30 - DEPARTMENT OF GENERAL SERVICES › Chapter 105 - REGULATIONS BANNING CONCEALED FIREARMS IN OFFICES OWNED OR OCCUPIED BY EXECUTIVE BRANCH AGENCIES › Section 1VAC30-105-60 - Posting of signs

Current through Register Vol. 40, No. 24, July 15, 2024
A. Posting
				location. Signs shall be posted at all state offices indicating the prohibition
				against carrying concealed firearms. Where the entire premises are owned or
				occupied by an executive branch agency, signs shall be displayed at every
				entrance. Where only a portion of the premises are leased for an executive
				branch agency, the signs shall be displayed within the leased space. If an
				executive branch agency is using an office open to others, temporary signs
				shall be displayed at or near the entry to the office during the time the
				office is being used exclusively for Commonwealth sponsored functions or
				activities while such functions are taking place.
B. Size and design. Signs shall be of a size
				and design approved by the Department of General Services. Agencies shall be
				responsible for obtaining signage design from the Department of General
				Services and for posting of the signs.
Statutory Authority: § 2.2-1102 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 30 - DEPARTMENT OF GENERAL SERVICES › Chapter 105 - REGULATIONS BANNING CONCEALED FIREARMS IN OFFICES OWNED OR OCCUPIED BY EXECUTIVE BRANCH AGENCIES › Section 1VAC30-105-70 - Enforcement

Current through Register Vol. 40, No. 24, July 15, 2024
The occupying agency shall be responsible for enforcing this
				  chapter.
Statutory Authority: § 2.2-1102 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 30 - DEPARTMENT OF GENERAL SERVICES › Chapter 105 - REGULATIONS BANNING CONCEALED FIREARMS IN OFFICES OWNED OR OCCUPIED BY EXECUTIVE BRANCH AGENCIES › Section 1VAC30-105-80 - Exemptions

Current through Register Vol. 40, No. 24, July 15, 2024
A. A state
				institution of higher education is exempt from this chapter if the institution
				has implemented its own policies or regulations governing firearms.
B. Members of the Virginia National Guard
				(the guard) who possess a valid concealed handgun permit shall be exempt from
				this chapter while at facilities owned by the guard or under contract or lease
				to the guard. This exemption may be withdrawn by the commanding officer of any
				member while such member is participating in any training or other exercises
				where the commanding officer determines that (i) such possession would
				interfere with the conduct of such training or other exercises, (ii) such
				possession may result in mission impairment, or (iii) the member is unfit to
				carry a handgun.
C. The Governor or
				his designee may otherwise grant exemptions from the requirements of this
				chapter. To qualify for an exemption, the applying executive branch agency must
				show that an alternative policy consistent with the Commonwealth's policy
				against firearms in state offices is appropriate.
Statutory Authority: § 2.2-1102 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 30 - DEPARTMENT OF GENERAL SERVICES › Chapter 110 - AGGRESSIVE AIR SAMPLING STANDARDS TO BE UTILIZED IN FINAL CLEARANCE INSPECTIONS FOR ASBESTOS PROJECTS IN LOCAL EDUCATION AGENCIES AND PUBLIC COLLEGES AND UNIVERSITIES IN THE COMMONWEALTH OF VIRGINIA › Section 1VAC30-110-20 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to establish a safe,
				  effective, and standard methodology for obtaining aggressive air samples to
				  monitor air for clearance and area reoccupancy after a removal, encapsulation
				  or enclosure project involving asbestos-containing material.
Statutory Authority
§ 2.1-526.14 of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 30 - DEPARTMENT OF GENERAL SERVICES › Chapter 110 - AGGRESSIVE AIR SAMPLING STANDARDS TO BE UTILIZED IN FINAL CLEARANCE INSPECTIONS FOR ASBESTOS PROJECTS IN LOCAL EDUCATION AGENCIES AND PUBLIC COLLEGES AND UNIVERSITIES IN THE COMMONWEALTH OF VIRGINIA › Section 1VAC30-110-30 - Limitations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The aggressive
				air sampling techniques mandated in this chapter shall be used only in an
				asbestos containment area with effective negative air filtration, shall be
				performed only by individuals meeting the licensing requirements described in
				1VAC30-110-40, and shall not be
				initiated until a visual inspection is conducted and visible ACM and asbestos
				debris have been removed.
B. For
				LEAs, the number of samples collected and method of analysis shall comply with
				40 CFR Part 763, Subpart E, and subsequent amendments thereto.
C. For all other buildings, the number of
				samples collected shall be as specified for PCM in
				1VAC30-110-60 B. The acceptable
				method of analysis for the samples is by PCM. At the owner's discretion, TEM
				analyses may be substituted for or used as a supplement to PCM analyses for
				final clearance in non-LEA buildings. However, the required minimum number of
				samples will be as specified for PCM.
Statutory Authority
§ 2.1-526.14 of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 30 - DEPARTMENT OF GENERAL SERVICES › Chapter 110 - AGGRESSIVE AIR SAMPLING STANDARDS TO BE UTILIZED IN FINAL CLEARANCE INSPECTIONS FOR ASBESTOS PROJECTS IN LOCAL EDUCATION AGENCIES AND PUBLIC COLLEGES AND UNIVERSITIES IN THE COMMONWEALTH OF VIRGINIA › Section 1VAC30-110-40 - Personnel and laboratory requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. Individuals performing aggressive air
				sampling techniques must have a valid asbestos project monitor's license issued
				by the Department of Professional and Occupational Regulation.
B. The following conflict of interest
				provisions shall be applicable to individuals performing aggressive air
				sampling techniques and asbestos analytical laboratories:
1. Individuals performing aggressive air
				sampling techniques shall not be employed by or have a financial affiliation
				with the asbestos abatement or RFS contractor conducting the asbestos abatement
				project. For asbestos projects in public colleges and universities, the college
				or university will contract directly for asbestos sampling and asbestos testing
				services.
2. Laboratories utilized
				for aggressive air sampling analyses on projects shall not have a business
				relationship concerning the projects with the contractors conducting the
				asbestos abatement activities on the projects, nor have financial affiliation
				with the contractors.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 30 - DEPARTMENT OF GENERAL SERVICES › Chapter 110 - AGGRESSIVE AIR SAMPLING STANDARDS TO BE UTILIZED IN FINAL CLEARANCE INSPECTIONS FOR ASBESTOS PROJECTS IN LOCAL EDUCATION AGENCIES AND PUBLIC COLLEGES AND UNIVERSITIES IN THE COMMONWEALTH OF VIRGINIA › Section 1VAC30-110-50 - Equipment requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. High
				volume air pumps with necessary peripheral equipment (hoses, connectors, etc.)
				calibrated to draw from four to 10 liters of air per minute (1pm) through the
				filter must be used for air sampling.
B. Filters must be 25 millimeter mixed
				cellulose ester (MCE) filters with a 0.8-1.2 micrometer pore size if the filter
				is to be analyzed by PCM, or a 0.45 micrometer pore size if analyzed by TEM.
				Sampling cassettes must have 50 millimeter extension cowls and must not have
				been previously used.
C. Electric
				leaf blowers with a rating of at least one horsepower and of a type to allow
				easy decontamination must be used to initially agitate and suspend any
				particles in the air. Twenty inches X 20 inches stationary box fans must be
				used to maintain particle suspension for the duration of the air
				sampling.
Statutory Authority
§ 2.1-526.14 of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 30 - DEPARTMENT OF GENERAL SERVICES › Chapter 110 - AGGRESSIVE AIR SAMPLING STANDARDS TO BE UTILIZED IN FINAL CLEARANCE INSPECTIONS FOR ASBESTOS PROJECTS IN LOCAL EDUCATION AGENCIES AND PUBLIC COLLEGES AND UNIVERSITIES IN THE COMMONWEALTH OF VIRGINIA › Section 1VAC30-110-60 - Sampling procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A. Set up.
1. Ensure that the area inside the enclosure
				is visibly clean of all ACM, dust and debris, that spray encapsulant utilized
				for lockdown purposes has dried, and that the negative air system is and
				remains fully operational at a rate of one air change per hour.
2. For each 1,000 square feet of negative air
				enclosure space, initially agitate the air with an electric leaf blower for at
				least five minutes, agitating the air on all horizontal and vertical surfaces.
				Activate at least one stationary fan for each 10,000 cubic feet of enclosure
				volume with the stationary fan angled toward the ceiling. Keep the stationary
				fan(s) operational for the duration of the sampling.
3. Place the air pumps and sampling cassettes
				such that each covers approximately the same square footage of floor area, and
				the exposed filter faces of the sampling cassettes are oriented approximately
				45 degrees from the horizontal, using tape and clips as necessary to position
				the sampling cassettes.
4. Start
				the air pumps and sample for the required time, turning off the air pumps and
				then the stationary fan(s) when finished.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 30 - DEPARTMENT OF GENERAL SERVICES › Chapter 110 - AGGRESSIVE AIR SAMPLING STANDARDS TO BE UTILIZED IN FINAL CLEARANCE INSPECTIONS FOR ASBESTOS PROJECTS IN LOCAL EDUCATION AGENCIES AND PUBLIC COLLEGES AND UNIVERSITIES IN THE COMMONWEALTH OF VIRGINIA › Section 1VAC30-110-70 - Laboratory analysis

Current through Register Vol. 40, No. 24, July 15, 2024
A. TEM analysis
				shall be conducted as described in 40 CFR, Part 763, Subpart E, Appendix A,
				Unit II.
B. PCM analysis shall be
				conducted using the National Institute for Occupational Safety and Health
				(NIOSH) Method 7400 entitled "Fibers" published in the NIOSH Manual of
				Analytical Methods, 3rd Edition, Second Supplement, August 1987.
C. The following minimum information must be
				reported by the analytical laboratory to the client:
1. Concentration in structures per square
				millimeter (TEM) and structures per cubic centimeter (PCM).
2. Analytical sensitivity used for the
				analysis.
3. Number of asbestos
				structures (TEM).
4. Area
				analyzed.
5. Volume of air samples
				(which was initially provided by client.
6. Average grid size opening.
7. Number of grids analyzed.
8. Copy of the count sheet.
9. Type of asbestos.
10. Signature of laboratory
				analyst.
11. Official laboratory
				identification.
12. Floor plan
				indicating location where samples were obtained (provided initially by
				client).
13. Copy of asbestos
				analytical laboratory license.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 30 - DEPARTMENT OF GENERAL SERVICES › Chapter 110 - AGGRESSIVE AIR SAMPLING STANDARDS TO BE UTILIZED IN FINAL CLEARANCE INSPECTIONS FOR ASBESTOS PROJECTS IN LOCAL EDUCATION AGENCIES AND PUBLIC COLLEGES AND UNIVERSITIES IN THE COMMONWEALTH OF VIRGINIA › Section 1VAC30-110-80 - Final clearance

Current through Register Vol. 40, No. 24, July 15, 2024
Final clearance is achieved when using TEM analysis when the
				  average concentration of asbestos fibers of the five air samples taken inside
				  the abatement area is no greater than 70 structures per square millimeter.
				  Where the volume of air collected per sample cassette is less than 1,199 liters
				  for a 25 millimeter filter, the concentrations for both inside and outside
				  samples must be compared by the Z test detailed in Unit IV, paragraph C,
				  Appendix A to Subpart E of 40 CFR, Part 763 to determine if final clearance has
				  been achieved.
Final clearance is achieved using PCM analysis when the
				  concentration of fibers for each of five samples is less than or equal to 0.01
				  fibers per cubic centimeter of air.
If the sample cassettes submitted for analysis do not
				  achieve the level of cleanliness specified above for either TEM or PCM
				  analysis, final clearance is not achieved and the abatement site must be
				  recleaned, and new sets of sample cassettes collected and analyzed until the
				  abatement area passes. This process must continue until the abatement area is
				  in compliance with the above standard.
Statutory Authority
§ 2.1-526.14 of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 30 - DEPARTMENT OF GENERAL SERVICES › Chapter 120 - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949, AS AMENDED › Section 1VAC30-120-20 - Designation of state agency

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Section 2.2-1123 of the Code of Virginia designates the Department of General
				Services, Division of Purchases and Supply, as the official agency of the
				Commonwealth of Virginia to administer the State Plan of Operation throughout
				the Commonwealth pursuant to the provisions of 40 USC § 549, FMR 102-37,
				federal General Services Administration regulations, and this plan.
B. The activity, in the Division of Purchases
				and Supply, to administer the State Plan of Operation is the Virginia Federal
				Property Agency ("State Agency"). The State Agency will administer all phases
				of the operation including acquiring, storing, and distributing federal
				property to eligible public and nonprofit agencies, establish regulations and
				procedures, assess service charges, maintain property accounting systems, and
				as required, execute certifications and agreements pertaining to this chapter
				and 40 USC § 549 with eligible agencies, institutions, and organizations of the
				Commonwealth, other states, and agencies of the federal government. Financial
				accounting is maintained by the Bureau of Fiscal Services of the Department of
				General Services.
C. Under the
				general administration of the Director of State Surplus Property, the State
				Agency is directed and supervised by the manager who is responsible for all
				phases of the operation. The manager has an assigned staff including clerical,
				screeners, distribution centers, and driver personnel. In addition, the manager
				cooperates with the state surplus property activity. The State Agency is a
				special fund activity paying all expenses from service charge
				revenues.
D. Two distribution
				center facilities are operated. The Richmond center is State Agency owned and
				includes a 55,000 square foot warehouse within a fenced storage area on a
				10-acre site located at 1910 Darbytown Road, Richmond, Virginia. The second
				center is a rented 45,000 square foot retail facility located at 800 East Main
				Street, Wytheville, Virginia, for the southwest services. Both distribution
				centers are co-located with state surplus property offices and facility costs
				are equitably shared.
E. The
				managers of federal and state surplus property activities operate under the
				Director of State Surplus Property with the next higher authority as the
				Director of Procurement Services.
Statutory Authority
§ 2.2-1123 of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 30 - DEPARTMENT OF GENERAL SERVICES › Chapter 120 - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949, AS AMENDED › Section 1VAC30-120-30 - Inventory control and accounting system

Current through Register Vol. 40, No. 24, July 15, 2024
A. Property accountability.
1. Accountability records will be maintained
				on all federal property transferred to the State Agency, recording receipts,
				issues, balances, date, and document number. This documentation is by one or
				more federal stock groups.
2. A
				separate inventory card will be maintained for all items with an original
				acquisition cost of $5,000 or more and passenger motor vehicles. The inventory
				records are separate from the records of items of less than $5,000.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 30 - DEPARTMENT OF GENERAL SERVICES › Chapter 120 - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949, AS AMENDED › Section 1VAC30-120-40 - Return of donated property

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Conditions and donee reporting procedure. Property that is still usable as
				determined by the State Agency but not placed in use within one year from date
				of acquisition or ceases to be used during the 12 or 18 month use restriction
				period thereafter shall be reported to the State Agency for disposition
				instructions. The report in writing shall give item identifying data,
				condition, reasons for nonutilization, and recommended action.
B. Disposition instructions. The State Agency
				will review the donee report and if it is determined the donee has not
				conformed to the terms and conditions as stated on the donation document,
				Exhibits 1 or 2 of
				1VAC30-120-150, it will authorize
				in writing a procedure deemed appropriate for the best utilization or disposal
				of the item. The authorization may include:
1.
				Return the item to the State Agency distribution center at donee expense and
				with no reimbursement of service charges.
2. Transfer item to another donee, state
				agency for surplus property (SASP), or federal agency.
3. Authorize sale if there are no other
				requirements.
4. Authorize
				cannibalization or secondary utilization.
5. Authorize scrapping.
6. Amend, modify, or grant releases on terms
				and conditions in conformance with federal General Services Administration
				regulations.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 30 - DEPARTMENT OF GENERAL SERVICES › Chapter 120 - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949, AS AMENDED › Section 1VAC30-120-60 - Terms and conditions on donable property

Current through Register Vol. 40, No. 24, July 15, 2024
A. Certification by donee on all donated
				property. The donee authorized representative certifies and agrees to all the
				terms, conditions, reservations, and restrictions included on the issue
				documents shown as exhibits in
				1VAC30-120-150.
1. Distribution Document and Invoice; Exhibit
				1
2. Surplus Property Transfer
				Document; Exhibit 2
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 30 - DEPARTMENT OF GENERAL SERVICES › Chapter 120 - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949, AS AMENDED › Section 1VAC30-120-70 - Nonutilized donable property

Current through Register Vol. 40, No. 24, July 15, 2024
A. State
				Agency policy. The State Agency will dispose of property in its possession that
				cannot be utilized by donees in the state, and the property will be disposed of
				in accordance with the provisions of FMR 102.37-290 through FMR
				102-37.320.
B. Transfers to other
				state agencies. Property will be offered to other state agencies by circulating
				a property list or verbal notification. Visits by representatives of other
				state agencies to inspect and select unneeded property is encouraged. Transfers
				of property will be accomplished by processing SF 123 by the requesting state
				submitted through the federal General Services Administration (GSA) office
				subject to disapproval within 30 days.
C. Report unneeded usable property. The State
				Agency may report at anytime unneeded usable property, which is not required
				for transfer to another state, to the GSA regional office for redistribution or
				other disposal. The property shall be identified, marked as to federal
				utilization potential, and reimbursement claims.
D. Disposition. GSA will notify the State
				Agency of the disposition to be taken and generally this will be a
				reutilization transfer or report for sale. With approval of the regional
				office, property to be sold may be turned in to the GSA sales center or a
				designated Department of Defense property disposal office. Generally scrap
				metal will be sold on State Agency site. Reimbursement may be claimed in
				accordance with GSA regulations.
E.
				Destruction or abandonment. When the State Agency finds that it has property in
				its possession that is unusable by donees in the Commonwealth or other states
				and otherwise is determined to have no commercial value or the estimated cost
				of its continued care and handling would exceed the estimated proceeds from its
				sale, the State Agency will proceed promptly with the destruction or
				abandonment of such property subject to the disapproval of GSA within 30 days
				of notice to it by the State Agency.
Statutory Authority
§ 2.1-445.1 of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 30 - DEPARTMENT OF GENERAL SERVICES › Chapter 120 - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949, AS AMENDED › Section 1VAC30-120-90 - Eligibility

Current through Register Vol. 40, No. 24, July 15, 2024
A. General.
1. Public agencies. Surplus personal property
				may be donated through the State Agency to any public agency in the
				Commonwealth of Virginia, or political subdivision thereof, including any unit
				of local government or economic development district; or any department,
				agency, instrumentality thereof, including instrumentalities created by compact
				or other agreement between states or political subdivisions,
				multijurisdictional substate districts established by or pursuant to state law,
				or any Indian tribe, band, group, pueblo, or community located on a state
				reservation. Surplus property acquired must be used by the public agency to
				carry out or to promote for the residents of a given political area one or more
				public purposes such as conservation, economic development, education, parks
				and recreation, public health, public safety, and emergency services.
2. Nonprofit educational or public health
				institutions. Surplus personal property may also be donated to nonprofit
				educational or health institutions as determined under § 501 of the Internal
				Revenue Code of 1986 such as: medical institutions, hospitals, clinics, health
				centers, nursing homes, schools, colleges, universities, schools for the
				mentally retarded and physically handicapped, child care centers, educational
				radio and television stations, museums, libraries, and programs for Older
				Americans as described in FMR 102-37.380(c). Surplus property acquired must be
				used by the eligible nonprofit educational or public health institutions or
				organizations for the primary functions for which the activity receives donable
				property and not for a nonrelated or commercial purpose.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 30 - DEPARTMENT OF GENERAL SERVICES › Chapter 120 - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949, AS AMENDED › Section 1VAC30-120-100 - Compliance and utilization

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Donated items subject to compliance and utilization reviews on terms and
				conditions (1VAC30-120-60 ):
1. Items with a unit acquisition cost of
				$3,000 or more and any passenger motor vehicle;
2. Items that require special handling
				conditions or use limitations as imposed by federal General Services
				Administration (GSA) per FMR 102-37, Subpart E;
3. Statutory requirement that all items of
				donated property acquired by the donee be placed into use within one year of
				acquisition and thereafter used for 12 months, or 18 months if the acquisition
				cost was $3,000 or more or a passenger motor vehicle;
4. Items with a unit acquisition cost of less
				than $3,000 that may be subject to stock piling as determined by the State
				Agency;
5. Any property where there
				is alleged fraud, theft, misuse, or non-authorized disposal.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 30 - DEPARTMENT OF GENERAL SERVICES › Chapter 120 - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949, AS AMENDED › Section 1VAC30-120-110 - Consultation with advisory bodies and public and private groups

Current through Register Vol. 40, No. 24, July 15, 2024
A. General policy.
				The State Agency will consult advisory bodies and public and private groups, as
				a matter of general policy as well as in special circumstances, to assist in
				determining fair and equitable distribution of property based on relative
				needs, resources, utilization abilities, stated needs, and emergency status of
				donees. See Fair and Equitable Distribution,
				1VAC30-120-80.
B. Implementation. The State Agency will be
				in contact with advisory bodies and groups such as Departments of the State
				Government, the Virginia Municipal League, the Virginia Association of
				Counties, the Virginia Foundation for Independent Colleges, the Association of
				Virginia Colleges, the Virginia Hospital and Healthcare Association, the
				Catholic Diocese Department of Schools, purchasing groups, and political
				subdivision administrators. Contacts will be person-to-person such as
				telephone, visits, or correspondence; attendance at meetings and conferences,
				and general distribution of information with flyers. Expressions of need, and
				general and specific requirements, will be solicited from the above groups on
				behalf of all eligible public and private agencies. When expressions of need
				and interest are received, federal General Services Administration will be
				advised of such requirements, including requirements for specific items of
				property.
Statutory Authority
§ 2.1-445.1 of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 30 - DEPARTMENT OF GENERAL SERVICES › Chapter 120 - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949, AS AMENDED › Section 1VAC30-120-120 - Audit

Current through Register Vol. 40, No. 24, July 15, 2024
A. State Agency. At
				the close of each month a Profit and Loss Statement and Balance Sheet is
				prepared. Expenditures, receipts, and cash balances are verified each month
				with the State Comptroller by the Department of General Services, Bureau of
				Fiscal Services.
B. Internal audit.
				Personnel of the Department of General Services will conduct an internal audit
				of State Agency operations and financial affairs. It will be made every two
				years and, when practicable, will be on the external audit off year.
C. External audit. The State Auditor of
				Public Accounts will audit the State Agency at least every two years. The audit
				will include a review of the conformance of the State Agency with the
				provisions of the State Plan of Operation and the requirements of FMR
				102-37.345 through 102-37.355. The State Agency will submit a copy of the audit
				report to the federal General Services Administration (GSA) regional office and
				will report all corrective actions taken with respect to any exceptions or
				violations indicated in the audit report. The State Auditor of Public Accounts
				operates under the authority of the legislative branch of government. The State
				Agency operates under the executive branch of government, Secretary of
				Administration and Finance, Department of General Services, Division of
				Purchases and Supply. Refer to Exhibit 7 of
				1VAC30-120-150, Organization of the
				Virginia State Government.
D.
				Additional Audits and Reviews.
1. GSA
				representatives may visit the State Agency to coordinate program activities and
				review the State Agency operations.
2. GSA may, for appropriate reasons, conduct
				its own audit of the State Agency following due notice to the Governor of the
				Commonwealth of the reasons for such audit.
3. All records of the State Agency, including
				financial, will be available for inspection by GSA, General Accounting Office,
				or other authorized federal activities.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 30 - DEPARTMENT OF GENERAL SERVICES › Chapter 120 - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949, AS AMENDED › Section 1VAC30-120-130 - Cooperative agreements

Current through Register Vol. 40, No. 24, July 15, 2024
A. The State
				Agency will enter into or review, or revise cooperative agreements with federal
				General Services Administration (GSA) or other federal agencies pursuant to the
				provisions of § 2.2-1123 of the Code of Virginia, Section 203(n) of the Federal
				Property and Administrative Services Act of 1949, as amended, and FMR
				102-37.325. The agreements may include but not limited to:
1. Use of donable property by the State
				Agency;
2. Overseas
				property;
3. Use of federal
				facilities and services; and
4.
				Inter-state.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 30 - DEPARTMENT OF GENERAL SERVICES › Chapter 120 - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949, AS AMENDED › Section 1VAC30-120-140 - Liquidation

Current through Register Vol. 40, No. 24, July 15, 2024
The State Agency will submit a liquidation plan to federal
				  General Services Administration prior to the actual termination of State Agency
				  activities in accordance with the specific requirements of FMR 102-37.365
				  through 102-37.370. The plan will include:
1. Reasons for the liquidation;
2. A schedule for liquidating the agency and
				the estimated date of termination;
3. Method of disposing of surplus property on
				hand, consistent with the provisions of FMR 102-37, Subpart D;
4. Method of disposing of the agency's
				physical and financial assets; and
5. Retention of all available books and
				records of the State Agency for a two-year period following
				liquidation.
Statutory Authority
§ 2.1-445.1 of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 30 - DEPARTMENT OF GENERAL SERVICES › Chapter 120 - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949, AS AMENDED › Section 1VAC30-120-150 - Forms

Current through Register Vol. 40, No. 24, July 15, 2024
The basic forms, with requirements, and standards used by the
				  State Agency are listed below and are included as exhibits:
Exhibit 1. Distribution Document and Invoice
Exhibit 2. Surplus Property Transfer Document
Exhibit 3. Combat-Type Aircraft Conditional Transfer
				  Document
Exhibit 4. Non-Combat-Type Aircraft Conditional Transfer
				  Document
Exhibit 5. Vessel Conditional Transfer Document (50 feet or
				  more in length)
Exhibit 6. Nondiscrimination Assurance
Exhibit 7. Chart: Organization of the Virginia State
				  Government
Additional forms are used to serve the State Agency
				  operations. The forms may be added, deleted, or changed but will conform to
				  department, state, and federal requirements.
Statutory Authority
§ 2.1-445.1 of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 30 - DEPARTMENT OF GENERAL SERVICES › Chapter 120 - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949, AS AMENDED › Section 1VAC30-120-160 - Records

Current through Register Vol. 40, No. 24, July 15, 2024
All official records of the State Agency will be retained for
				  more than three years, except:
1.
				Records involving property subject to restrictions for more than two years will
				be kept for one year beyond the specific period of restriction.
2. Records involving property in compliance
				status at the end of the period of restriction will be kept for at least one
				year after the case is closed.
Statutory Authority
§ 2.1-445.1 of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 30 - DEPARTMENT OF GENERAL SERVICES › Chapter 120 - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949, AS AMENDED › Form - FORMS (1VAC30-120)

Current through Register Vol. 40, No. 24, July 15, 2024
Exhibit
				  1 - Distribution Document and Invoice, DGS-43-008 (undated)
Exhibit
				  2 - State Surplus Property Transfer Document, DGS-44-012
				  (undated)
Exhibit
				  3 - Combat-Type Aircraft Conditional Transfer Document (undated)
Exhibit
				  4 - Non-Combat-Type Aircraft Conditional Transfer Document
				  (undated)
Exhibit
				  5 - Vessel Conditional Transfer Document (50 feet or more in length)
				  (undated)
Exhibit
				  6 - Nondiscrimination Assurance (undated)
Commonwealth
				  of Virginia Organization of State Government chart
				  (undated)