Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 15 - VIRGINIA BOARD FOR ASBESTOS, LEAD, AND HOME INSPECTORS › Chapter 20 - VIRGINIA ASBESTOS LICENSING REGULATIONS › Part II - Definitions and General › Section 18VAC15-20-20 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter
					 shall have the following meanings unless the context clearly indicates
					 otherwise:
"AAR" means the Asbestos Analysts Registry program offered
					 by the AIHA Registry Programs.
"AAT" means Asbestos Analyst Testing.
"Accredited asbestos training program" means a training
					 program that has been approved by the board to provide training for individuals
					 to engage in asbestos abatement, conduct asbestos inspections, prepare
					 management plans, prepare project designs or act as a project monitor.
"Accredited asbestos training provider" means a firm or
					 individual who has been approved by the board to offer an accredited asbestos
					 training program.
"AHERA" means Asbestos Hazard Emergency Response Act, 40
					 CFR Part 763, Subpart E.
"AIHA" means American Industrial Hygiene
					 Association.
"Approval letter" means a written notice confirming the
					 firm or individual applicant's licensure or accreditation by the board.
"Asbestos" means the asbestiform varieties of actinolite,
					 amosite, anthophyllite, chrysotile, crocidolite, and tremolite.
"Asbestos Analytical Laboratory License" means an
					 authorization issued by the board to perform phase contrast, polarized light,
					 or transmission electron microscopy on material known or suspected to contain
					 asbestos.
"Asbestos-containing material" or "ACM" means any material
					 or product which contains more than 1.0% asbestos or such percentage as
					 established by EPA final rule.
"Asbestos contractor" means any person who has met the
					 board's requirements and has been issued an asbestos contractor's license by
					 the board to enter into contracts to perform asbestos projects.
"Asbestos Contractor's License" means an authorization
					 issued by the board permitting a person to enter into contracts to perform an
					 asbestos abatement project.
"Asbestos inspector" means any person who performs an
					 inspection as defined in this chapter.
"Asbestos Inspector's License" means an authorization
					 issued by the board permitting a person to perform onsite investigations to
					 identify, classify, record, sample, test and prioritize by exposure potential
					 asbestos-containing materials.
"Asbestos Management Plan" means a program designed to
					 control or abate any potential risk to human health from asbestos.
"Asbestos management planner" means any person preparing or
					 updating a management plan.
"Asbestos Management Planner's License" means an
					 authorization issued by the board permitting a person to prepare or update an
					 asbestos management plan.
"Asbestos project" or "asbestos abatement project" means an
					 activity involving job set-up for containment, removal, encapsulation,
					 enclosure, encasement, renovation, repair, construction or alteration of
					 asbestos-containing materials. An asbestos project or asbestos abatement
					 project shall not include nonfriable asbestos-containing roofing, flooring and
					 siding material which when installed, encapsulated or removed does not become
					 friable.
"Asbestos project design" means any descriptive form
					 written as instructions or drafted as a plan describing the construction of an
					 asbestos abatement area or site, response action or work practices to be
					 utilized on the asbestos abatement project.
"Asbestos project designer" means any person providing an
					 asbestos project design or specifications for an asbestos abatement
					 project.
"Asbestos Project Designer's License" means an
					 authorization issued by the board permitting a person to design an asbestos
					 abatement project.
"Asbestos project monitor" means any person hired by a
					 building owner, lessee or his agent to monitor, inspect, provide visual
					 clearance or clearance monitoring of an asbestos abatement project.
"Asbestos Project Monitor's License" means an authorization
					 issued by the board permitting a person to monitor an asbestos project, subject
					 to board regulations.
"Asbestos supervisor" means any person so designated by an
					 asbestos contractor who provides onsite supervision and direction to the
					 workers engaged in asbestos projects.
"Asbestos Supervisor's License" means an authorization
					 issued by the board permitting an individual to supervise and work on an
					 asbestos project.
"Asbestos worker" means any person who engages in an
					 asbestos abatement project.
"Asbestos Worker's License" means an authorization issued
					 by the board permitting an individual to work on an asbestos project.
"ASHARA" means Asbestos School Hazard Abatement
					 Reauthorization Act, 40 CFR Part 763, Subpart E.
"BAPAT" means the Bulk Asbestos Proficiency Analytical
					 Testing Program of the AIHA Proficiency Analytical Testing Programs.
"Board" means the Virginia Board for Asbestos, Lead, and
					 Home Inspectors.
"Department" means the Department of Professional and
					 Occupational Regulation.
"Direct supervision" means a licensed or accredited
					 inspector, management planner, project monitor or project designer, who
					 undertakes to supervise the activities of an unlicensed inspector, management
					 planner, project monitor or project designer, shall be physically present on
					 the premises at all times while any unlicensed inspector, management planner,
					 project monitor or project designer under his supervision is engaged in the
					 activities of an inspector, management planner, project monitor or project
					 designer.
"Director" means the Director of the Department of
					 Professional and Occupational Regulation.
"Employee" means all persons in the service of another
					 under any contract of hire, express or implied, oral or written.
"Encapsulation" means the treatment of asbestos-containing
					 material (ACM) with a material that surrounds or embeds asbestos fibers in an
					 adhesive matrix to prevent the release of fibers, as the encapsulant creates a
					 membrane over the surface (bridging encapsulant) or penetrates the material and
					 binds its components together (penetrating encapsulant).
"Encasement" means any process by which an
					 asbestos-containing material (ACM) is sprayed with an insulating sealer which
					 is then mechanically fastened to the asbestos covered substrate. The insulating
					 sealer is then covered with a sealer to give structural strength and
					 durability.
"Enclosure" means the construction or installation over or
					 around the asbestos-containing material (ACM) of any leak tight solid or
					 flexible coverings, which will not deteriorate or decompose for an extended
					 period of time, so as to conceal the ACM, contain ACM fibers, and render the
					 ACM inaccessible.
"Environmental remediation activity" means any activity
					 planned or carried out for the purpose of reducing or eliminating any
					 environmental hazard, including activities necessary to train individuals in
					 the proper or lawful conduct of such activities, which are regulated by federal
					 or state law or regulation.
"EPA" means U.S. Environmental Protection Agency.
"Financial interest" means financial benefit accruing to an
					 individual or to a member of his immediate family. Such interest shall exist by
					 reason of (i) ownership in a business if the ownership exceeds 3.0% of the
					 total equity of the business; (ii) annual gross income that exceeds, or may be
					 reasonably anticipated to exceed $1,000 from ownership in real or personal
					 property or a business; (iii) salary, other compensation, fringe benefits, or
					 benefits from the use of property, or any combination of it, paid or provided
					 by a business that exceeds or may be reasonably expected to exceed $1,000
					 annually; (iv) ownership of real or personal property if the interest exceeds
					 $1,000 in value and excluding ownership in business, income, salary, other
					 compensation, fringe benefits or benefits from the use of property.
"Firm" means any company, partnership, corporation, sole
					 proprietorship, association, or other business entity.
"Friable" means that the material when dry, may be
					 crumbled, pulverized or reduced to powder by hand pressure and includes
					 previously nonfriable material after such previously nonfriable material
					 becomes damaged to the extent that when dry it may be crumbled, pulverized, or
					 reduced to powder by hand pressure.
"Guest instructor" means an instructor who is invited to
					 instruct a specific topic or topics in an accredited asbestos training program
					 and whose instruction is limited to two hours per day.
"Hands-on experience" means the physical participation of
					 students in an asbestos training program. The physical participation includes
					 mock sampling and inspection techniques, report preparation, writing project
					 specifications, glovebag demonstrations and containment construction.
"IHLAP" means the Industrial Hygiene Laboratory
					 Accreditation Program of the AIHA Laboratory Accreditation Programs,
					 LLC.
"IHPAT" means the Industrial Hygiene Proficiency Analytical
					 Testing Program of the AIHA Proficiency Analytical Testing Programs , LLC
					 .
"Immediate family" means
(i) a spouse,
(ii) a sibling or step sibling,
(iii) a parent or step parent,
(iv) children or step children, or
(v) any other person residing in the same household as the
					 individual.
"Inspection" means an activity undertaken to determine the
					 presence or location, or to access the condition of, friable or nonfriable
					 asbestos-containing material (ACM) or suspected ACM, whether by visual or
					 physical examination, or by collecting samples of such material. This term
					 includes reinspections of friable and nonfriable known or assumed ACM that has
					 been previously identified. The term does not include the following:
1. Periodic surveillance of the type described in
					 40 CFR
					 763.92(b) solely for the
					 purpose of recording or reporting a change in the condition of known or assumed
					 ACM;
2. Inspections performed by employees or agents of federal,
					 state, or local governments solely for the purpose of determining compliance
					 with applicable statutes or regulations; or
3. Visual inspections solely for the purpose of determining
					 completion of response actions.
"Instructor" means a person who instructs one or more
					 accredited asbestos training programs, to include the principal instructor, but
					 excluding guest instructors.
"Licensee" means any person, as "person" is defined by
					 §
										54.1-500 of the Code
					 of Virginia, who has been issued and holds a currently valid license as an
					 asbestos worker, asbestos supervisor, asbestos inspector, asbestos management
					 planner, asbestos project designer, asbestos project monitor or asbestos
					 contractor under this chapter.
"NIOSH" means National Institute of Occupational Safety and
					 Health.
"NIST" means National Institute of Standards and
					 Technology.
"NVLAP" means the Asbestos Fiber Analysis Program of the
					 National Institute of Standards and Technology National Voluntary Laboratory
					 Accreditation Program.
"Occupied" means any area of any building designed or
					 intended for human occupancy for any purpose.
"OSHA" means the U.S. Department of Labor Occupational
					 Safety and Health Administration.
"OSHA Class III Work" means repair and maintenance
					 operations where asbestos-containing material (ACM), including thermal system
					 insulation and surfacing material, is likely to be disturbed.
"PAT" means proficiency analytical testing.
"PCM" means phase contrast microscopy.
"Person" means a firm, individual, or any other
					 entity.
"PLM" means polarized light microscopy.
"Preliminary review" means a review conducted by the
					 department following the submission of training materials to ascertain if the
					 proposed asbestos training program meets the standards established by this
					 chapter.
"Principal instructor" means an instructor whose main
					 responsibility is to instruct accredited asbestos training programs, supervise
					 other instructors, and manage the overall asbestos training program
					 curriculum.
"Removal" means the physical removal of asbestos-containing
					 material (ACM) in accordance with all applicable regulations.
"Renovation" means altering in any way, one or more
					 facility components.
"Repair" means returning damaged asbestos-containing
					 material (ACM) to an undamaged condition or to an intact state so as to prevent
					 fiber release.
"Residential buildings" means site-built homes, modular
					 homes, condominium units, mobile homes, manufactured housing, and duplexes, or
					 other multi-unit dwellings consisting of four units or fewer that are currently
					 in use or intended for use only for residential purposes.
"Response action" means any method, including removal,
					 encapsulation, enclosure, encasement, or operation and maintenance, that
					 protects human health and the environment from friable asbestos-containing
					 material.
"Responsible individual" means the employee, officer,
					 manager, owner, or principal of the firm who shall be designated by each firm
					 to ensure compliance with Chapter 5 (§
										54.1-500 et seq.) of
					 Title 54.1 of the Code of Virginia and all regulations of the board and to
					 receive communications and notices from the board that may affect the firm. In
					 the case of a sole proprietorship, the sole proprietor shall be the responsible
					 individual.
"Substantial change" means a change in overall asbestos
					 training program, materials, principal instructors, training managers,
					 directors, ownership, facilities, equipment, examinations, and certificates of
					 completion. The addition of updated regulations, exam questions or news
					 articles shall not be considered a substantial change.
"TEM" means transmission electron microscopy.
"Training manager" means the individual responsible for
					 administering a training program and monitoring the performance of the
					 instructors.
"Visual inspection" means a process of looking for
					 conditions that if not corrected during the asbestos abatement project, will
					 lead to residual asbestos-containing dust or debris. Visual inspection includes
					 examination of an asbestos abatement project area prior to clearance air
					 monitoring for evidence that the project has been successfully completed as
					 indicated by the absence of residue, dust and debris.
Statutory Authority: §§
												54.1-201
						and
						54.1-501
						of the Code of Virginia.