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2012 SESSION
12103436DBe it enacted by the General Assembly of Virginia:
1. That §§ 54.1-501 and 54.1-516.1 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding sections numbered 54.1-515.1 and 54.1-516.2 as follows:
§ 54.1-501. Powers and duties of the Board.
The Board shall administer and enforce this chapter. The Board shall:
1. Promulgate regulations necessary to carry out the requirements of this chapter in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.) to include but not be limited to the prescription of fees, procedures, and qualifications for the issuance and renewal of asbestos, lead, and renovation licenses, and governing conflicts of interest among various categories of asbestos, lead, and renovation licenses;
2. Approve the criteria for accredited asbestos training programs, accredited lead training programs, accredited renovation training programs, training managers, and principal instructors;
3. Approve accredited asbestos training programs, accredited lead training programs, accredited renovation training programs, examinations and the grading system for testing applicants for asbestos, lead, and renovation licensure;
4. Require initial applicants for an asbestos worker
license, after completion of an accredited training program, to pass a [ Board-approved
examination Board-administered examination,
or an examination administered by a testing organization acting on behalf of
the Board, ] regarding the applicable requirements,
procedures, and standards of the U.S. Environmental Protection Agency, the U.S.
Occupational Safety and Health Administration, the Department of Labor and
Industry, and the Divisions of Air Quality and Land Protection and
Revitalization of the Department of Environmental Quality;
5. Promulgate regulations governing the licensing of and establishing performance criteria applicable to asbestos analytical laboratories;
5. 6. Promulgate regulations governing the
functions and duties of project monitors on asbestos projects, circumstances in
which project monitors shall be required for asbestos projects, and training
requirements for project monitors;
6. 7. Promulgate, in accordance with the
Administrative Process Act, regulations necessary to establish procedures and
requirements for the: (i) approval of accredited lead training programs, (ii)
licensure of individuals and firms to engage in lead-based paint activities,
and (iii) establishment of standards for performing lead-based paint activities
consistent with the Residential Lead-based Paint Hazard Reduction Act and
United States U.S. Environmental Protection Agency regulations. If
the United States U.S. Environmental Protection Agency (EPA) has
adopted, prior to the promulgation of any related regulations by the Board, any
final regulations relating to lead-based paint activities, then the related
regulations of the Board shall not be more stringent than the EPA regulations
in effect as of the date of such promulgation. In addition, if the EPA shall
have outstanding any proposed regulations relating to lead-based paint
activities (other than as amendments to existing EPA regulations), as of the
date of promulgation of any related regulations by the Board, then the related
regulations of the Board shall not be more stringent than the proposed EPA
regulations. In the event that the EPA shall adopt any final regulations subsequent
to the promulgation by the Board of related regulations, then the Board shall,
as soon as practicable, amend its existing regulations so as to be not more
stringent than such EPA regulations;
7. 8. Promulgate regulations for certification
of home inspectors not inconsistent with this chapter regarding the
professional qualifications of home inspectors applicants, the requirements
necessary for passing home inspectors examinations in whole or in part, the
proper conduct of its examinations, the proper conduct of the home inspectors
certified by the Board, the implementation of exemptions from certifications
requirements, and the proper discharge of its duties;
8. 9. Promulgate, in accordance with the
Administrative Process Act, regulations necessary to establish procedures and
requirements for the (i) approval of accredited renovation training programs,
(ii) licensure of individuals and firms to engage in renovation, and (iii)
establishment of standards for performing renovation consistent with the Residential
Lead-based Paint Hazard Reduction Act and United States U.S.
Environmental Protection Agency (EPA) regulations. Such regulations of the
Board shall be consistent with the EPA Lead Renovation, Repair, and Painting
Program final rule; and
9. 10. Promulgate regulations for licensing of
mold inspectors and mold remediators not inconsistent with this chapter
regarding the professional qualifications of such applicants, the requirements
necessary for passing applicable examinations in whole or in part, the proper
conduct of its examinations, the proper conduct of the mold inspectors and mold
remediators licensed by the Board, the implementation of exemptions from
licensure requirements, and the proper discharge of its duties. The Board shall
have the discretion to impose different requirements for licensure for the
performance of mold inspections and mold remediation.
§ 54.1-515.1. Employer to provide written notice; model notice.
A. An employer shall provide each licensed asbestos worker who will be dispatched to a location to perform the removal or encapsulation of asbestos with a written notice containing the following information: (i) that the worker has the right to work in a safe environment, (ii) a summary of basic safety rules for handling asbestos, and (iii) information on how to file a complaint with the Board including pertinent telephone contact numbers. Each notice shall be signed and dated by the worker upon receipt, and the employer shall retain a copy of all notices distributed.
B. The Board shall develop a model notice in English and Spanish that may be used by employers to comply with the requirements of this section.
§ 54.1-516.1. Summary suspension of licenses or approvals; allegations to be in writing.
A. The Board may suspend the license or the approval of
any (i) accredited training program, (ii) asbestos contractor, (iii)
training manager, or (iii) (iv) principal instructor of
any person holding a license issued by it without a hearing simultaneously with
the institution of proceedings for a hearing or an informal fact finding
conference, if the relevant board finds that there is a substantial danger to
the public health or safety that warrants this action.
B. The Board may meet by telephone conference call when summarily suspending a license or the approval of an accredited training program, training manager or principal instructor if a good faith effort to assemble a quorum of the Board has failed and, in the judgment of a majority of the members of the Board, the continued practice by the licensee or approved individual or training program constitutes a substantial danger to the public health or safety. Institution of proceedings for a hearing or an informal fact finding conference shall be provided simultaneously with the summary suspension. Such hearing or conference shall be scheduled within a reasonable time of the date of the summary suspension. Allegations of violations of this section shall be made in accordance with § 54.1-307.1.
§ 54.1-516.2. Substantial identity of interest; grounds for disciplinary action.
A. The Board may suspend, revoke, or deny renewal of an existing license, or refuse to issue a license or certificate, to any asbestos contractor who is shown to have a substantial identity of interest with an asbestos contractor whose license has been revoked or not renewed by the Board. A substantial identity of interest includes but is not limited to (i) a controlling financial interest by the individual or corporate principals of the asbestos contractor whose license has been revoked or not renewed or (ii) substantially identical principals or officers.
B. Any person whose asbestos contractor's license is suspended or revoked by the Board shall not be eligible for an asbestos license under any circumstances or under any name, except as provided by regulations of the Board.