West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-63 - Asbestos Abatement Licensing Rule › Section 64-63-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. AIHA. --
				American Industrial Hygiene Association.
2.2. Asbestos. -- The asbestiform varieties
				of chrysotile (serpentine), crocidolite (riebeckite), amosite
				(cummingtonite-grunerite), anthophyllite, tremolite, and actinolite.
2.3. Asbestos Abatement. -- Procedures to
				control fiber release from asbestos-containing materials.
2.4. Asbestos Abatement Project . -- An
				activity involving the repair, removal, enclosure, or encapsulation of
				asbestos-containing material: Provided, That the removal of less than three (3)
				square feet or three (3) linear feet of asbestos-containing materials required
				in the performance of a maintenance activity not intended solely as asbestos
				abatement is not considered to be an asbestos abatement project.
2.5. Asbestos Abatement Project Designer (or
				Asbestos Project Designer). -- A person who specifies engineering methods and
				work practices to be used during asbestos abatement projects.
2.6. Asbestos Abatement Supervisor (or
				Asbestos Supervisor). -- A person responsible for the direction of asbestos
				abatement projects.
2.7. Asbestos
				Analytical Laboratory. -- A facility, company, or place at which asbestos bulk
				samples or asbestos air samples are analyzed.
2.8. Asbestos Clearance Air Monitor. -- A
				person who performs air monitoring to confirm clearance levels to establish
				that an area is safe for reoccupancy after an asbestos abatement
				project.
2.9. Asbestos-Containing
				Material. -- Any material or product which contains more than one (1) percent
				asbestos by weight.
2.10. Asbestos
				Contractor. -- A person who enters into a contract for an asbestos abatement
				project.
2.11. Asbestos Inspector.
				-- A person employed to inspect for the presence of asbestos-containing
				materials, evaluate the condition of the materials and collect samples for
				asbestos content confirmation.
2.12. Asbestos Management Planner. -- A
				person employed to interpret survey results, assess hazards, evaluate and
				select control options or develop an operation and maintenance plan.
2.13. Asbestos Worker. -- A person who works
				on an asbestos abatement project.
2.14. Building or Other Man-Made Structure.
				-- A building or a part of a building, or a group of buildings on the same
				premises, or any other type of man-made construction, such as a pipe line,
				barn, shed, trailer, or any appurtenance to a building or other man-made
				structure.
2.15. Bulk Sample. -- A
				sample of any material, other than air samples, collected from an existing
				structure or appurtenance for the purpose of analysis to ascertain whether such
				material contains asbestos.
2.16.
				Clearance Air Monitoring. -- Air monitoring performed after the completion of
				any asbestos abatement project and prior to the reoccupation of the contained
				work area by the public and conducted for the purpose of protecting the public
				from health hazards associated with exposure to asbestos fibers.
2.17. Contained Work Area. -- Designated
				rooms, spaces, or other areas where asbestos abatement activities are being
				performed, including decontamination structures.
2.18. Director. -- The director of the
				division of health of the department of health and human resources or his or
				her designee.
2.19. Division. --
				The division[2] of health of the department of
				health and human resources.
2.20.
				Encapsulate. -- The application of any material onto any asbestos-containing
				material to bridge or penetrate the material to prevent fiber
				release.
2.21. Enclosure. -- The
				permanent confinement of friable asbestos-containing materials with an airtight
				barrier in an area not used or designed as an air plenum.
2.22. EPA. -- The United States Environmental
				Protection Agency.
2.23. Friable.
				-- Material which is capable of being crumbled, pulverized, or reduced to
				powder by hand pressure or which under normal use or maintenance emits or can
				be expected to emit asbestos fibers into the air, including material normally
				considered non-friable, which has been or may be rendered friable by the forces
				acting on the material in the course of demolition or renovation
				operations.
2.24. HEPA (high
				efficiency particulate air) Filtering System. -- A filtering system capable of
				trapping and retaining at least ninety-nine and ninety-seven one hundredths
				percent (99.97%) of all monodispersed particles three tenths (0.3) micrometers
				in diameter or larger.
2.25. NVLAP.
				-- National Voluntary Laboratory Accreditation Program.
2.26. OSHA. -- The United States Department
				of Labor Occupational Safety and Health Administration.
2.27. PCM (phase contrast microscopy). -- A
				technique used for counting fibers in air samples which does not distinguish
				fiber types.
2.28. PLM (polarized
				light microscopy). -- A technique used to identify, quantify, and report
				asbestos content in bulk samples.
2.29. Person. -- A corporation, partnership,
				sole proprietorship, firm, enterprise, franchise, association or any individual
				or entity.
2.30. Reoccupancy. --
				Reoccupancy by individuals of a room, space, or other area in which an asbestos
				abatement project has been completed.
2.31. Repair. -- Returning damaged
				asbestos-containing material to an undamaged condition so as to prevent
				asbestos fiber release.
2.32.
				Resilient Floor Covering. -- Floor tile, sheet vinyl, and associated adhesives
				which contain more than one (1) percent asbestos by weight.
2.33. Resilient Floor Covering Worker. -- A
				person who is employed to remove resilient floor covering in single-family
				dwellings.
2.34. School. -- Any
				building or man-made structure used for grades kindergarten through twelve
				(12).
2.35. TEM (transmission
				electron microscopy). -- A technique which may be used for identifying asbestos
				structures or fibers in samples.
[1] The
				Department of Health and Human Resources (DHHR) was created by the
				Legislature's reorganization of the executive branch of State government in
				1989, and the Department of Health was renamed the Division of Health and made
				a part of the DHHR (W. Va. Code '5F-1-1
et
				seq
.). Administratively within the DHHR the Bureau for Public Health
				through its Commissioner carries out the public health function of the Division
				of Health.
[2] See footnote
				#1.