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2011 SESSION

11100696D
SENATE BILL NO. 1342
Offered January 12, 2011
Prefiled January 12, 2011
A BILL to amend and reenact § 36-99.7 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 36-99.7:1, relating to the Uniform Statewide Building Code; buildings used by fraternal organizations.
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Patrons-- Norment; Delegate: Morgan
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Referred to Committee on General Laws and Technology
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Be it enacted by the General Assembly of Virginia:

1.  That § 36-99.7 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 36-99.7:1 as follows:

§ 36-99.7. Asbestos inspection in buildings to be renovated or demolished; exceptions.

A. A local building department shall not issue a building permit allowing a building for which an initial building permit was issued before January 1, 1985, to be renovated or demolished until the local building department receives certification from the owner or his agent that the affected portions of the building have been inspected for the presence of asbestos by an individual licensed to perform such inspections pursuant to § 54.1-503 and that no asbestos-containing materials were found or that appropriate response actions will be undertaken in accordance with the requirements of the Clean Air Act National Emission Standard for the Hazardous Air Pollutant (NESHAPS) (40 CFR 61, Subpart M), and the asbestos worker protection requirements established by the U.S. Occupational Safety and Health Administration for construction workers (29 CFR 1926.1101). Local educational agencies that are subject to the requirements established by the Environmental Protection Agency under the Asbestos Hazard Emergency Response Act (AHERA) shall also certify compliance with 40 CFR 763 and subsequent amendments thereto.

B. To meet the inspection requirements of subsection A except with respect to schools, asbestos inspection of renovation projects consisting only of repair or replacement of roofing, floorcovering, windows, or siding materials may be satisfied by a statement that the materials to be repaired or replaced are assumed to contain friable asbestos and that asbestos installation, removal, or encapsulation will be accomplished by a licensed asbestos contractor.

C. The provisions of this section shall not apply to single-family dwellings or residential housing with four or fewer units, unless the renovation or demolition of such buildings is for commercial or public development purposes. The provisions of this section shall not apply if the combined amount of regulated asbestos-containing material involved in the renovation or demolition is less than 260 linear feet on pipes or less than 160 square feet on other facility components or less than thirty-five cubic feet off facility components where the length or area could not be measured previously.

D. An abatement area shall not be reoccupied until the building official receives certification from the owner that the response actions have been completed and final clearances have been measured. The final clearance levels for reoccupancy of the abatement area shall be 0.01 or fewer asbestos fibers per cubic centimeter if determined by Phase Contrast Microscopy analysis (PCM) or 70 or fewer structures per square millimeter if determined by Transmission Electron Microscopy analysis (TEM).

§ 36-99.7:1. Classification of building used by fraternal organizations.

Buildings used by fraternal organizations shall be classified as residential structures for the purposes of complying with the Code, provided such structures are used only by the members of the fraternal organizations and their guests, are not open to the general public, and contain no bedrooms or accommodations for overnight lodging. As used in this section, "fraternal organization" means a nonprofit fraternal association or corporation operating under a lodge system.