Bill Text: VA HB720 | 2024 | Regular Session | Prefiled
Bill Title: Asbestos, Lead, and Home Inspectors, Virginia Board for; dust sampling technicians, renovators, etc.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-01-25 - Stricken from docket by General Laws (21-Y 0-N) [HB720 Detail]
Download: Virginia-2024-HB720-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §§54.1-500, 54.1-500.1, 54.1-501, 54.1-503, 54.1-512, 54.1-516, and 54.1-517 of the Code of Virginia are amended and reenacted as follows:
§54.1-500. Definitions.
As used in this chapter, unless the context requires a different meaning:
"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 project monitors.
"Accredited lead training program" means a training program that has been approved by the Board to provide training for individuals to engage in lead-based paint activities.
"Accredited
renovation training program" means a training program that has been
approved by the Board to provide training for individuals to engage in
renovation or dust clearance sampling.
"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 contractor's license" means an authorization issued by the Board permitting a person to enter into contracts to perform an asbestos abatement project.
"Asbestos-containing materials" or "ACM" means any material or product which contains more than 1.0 percent asbestos or such other percentage as established by EPA final rule.
"Asbestos inspector's license" means an authorization issued by the Board permitting a person to perform on-site 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's license" means an authorization issued by the Board permitting a person to develop or alter 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 an asbestos-containing material. An asbestos project or asbestos abatement project shall not include nonfriable asbestos-containing roofing, flooring and siding materials which when installed, encapsulated or removed do not become friable.
"Asbestos project designer's license" means an authorization issued by the Board permitting a person to design 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 Department regulations.
"Asbestos supervisor" means any person so designated by an asbestos contractor who provides on-site supervision and direction to the workers engaged in asbestos projects.
"Asbestos worker's license" means an authorization issued by the Board permitting an individual to work on an asbestos project.
"Board" means the Virginia Board for Asbestos, Lead, and Home Inspectors.
"Dust
clearance sampling" means an on-site collection of dust or other debris
that is present after the completion of a renovation to determine the presence
of lead-based paint hazards and the provisions of a report explaining the
results.
"Dust sampling
technician" means an individual licensed by the Board to perform dust clearance
sampling.
"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.
"Home inspection" means any inspection of a residential building for compensation conducted by a licensed home inspector. A home inspection shall include a written evaluation of the readily accessible components of a residential building, including heating, cooling, plumbing, and electrical systems; structural components; foundation; roof; masonry structure; exterior and interior components; and other related residential housing components. A home inspection may be limited in scope as provided in a home inspection contract, provided that such contract is not inconsistent with the provisions of this chapter or the regulations of the Board. For purposes of this chapter, residential building energy analysis alone, as defined in §54.1-1144, shall not be considered a home inspection.
"Home inspector" means a person who meets the criteria of education, experience, and testing required by this chapter and regulations of the Board and who has been licensed by the Board to perform home inspections.
"Lead abatement" means any measure or set of measures designed to permanently eliminate lead-based paint hazards, including lead-contaminated dust or soil.
"Lead-based paint" means paint or other surface coatings that contain lead equal to or in excess of 1.0 milligrams per square centimeter or more than 0.5 percent by weight.
"Lead-based paint activity" means lead inspection, lead risk assessment, lead project design and abatement of lead-based paint and lead-based paint hazards, including lead-contaminated dust and lead-contaminated soil.
"Lead-contaminated dust" means surface dust that contains an area or mass concentration of lead at or in excess of levels identified by the Environmental Protection Agency pursuant to §403 of TSCA (15 U.S.C. § 2683).
"Lead-contaminated soil" means bare soil that contains lead at or in excess of levels identified by the Environmental Protection Agency.
"Lead contractor" means a person who has met the Board's requirements and has been issued a license by the Board to enter into contracts to perform lead abatements.
"Lead inspection" means a surface-by-surface investigation to determine the presence of lead-based paint and the provisions of a report explaining the results of the investigation.
"Lead inspector" means an individual who has been licensed by the Board to conduct lead inspections and abatement clearance testing.
"Lead project design" means any descriptive form written as instructions or drafted as a plan describing the construction or setting up of a lead abatement project area and the work practices to be utilized during the lead abatement project.
"Lead project designer" means an individual who has been licensed by the Board to prepare lead project designs.
"Lead risk assessment" means (i) an on-site investigation to determine the existence, nature, severity and location of lead-based paint hazards and (ii) the provision of a report by the individual or the firm conducting the risk assessment, explaining the results of the investigation and options for reducing lead-based paint hazards.
"Lead risk assessor" means an individual who has been licensed by the Board to conduct lead inspections, lead risk assessments and abatement clearance testing.
"Lead supervisor" means an individual who has been licensed by the Board to supervise lead abatements.
"Lead worker" or "lead abatement worker" means an individual who has been licensed by the Board to perform lead abatement.
"Person" means a corporation, partnership, sole proprietorship, firm, enterprise, franchise, association or any other individual or entity.
"Principal instructor" means the individual who has
the primary responsibility for organizing and teaching an accredited asbestos
training program, an accredited lead training program,
an accredited renovation training program, or any
combination thereof.
"Renovation"
means the modification of any existing structure or portion thereof, for
compensation, that results in the disturbance of painted surfaces, unless that
activity is (i) performed as a part of a lead abatement or (ii) limited in
scope to the site work or remediation as referenced in the definition of
contractor in §54.1-1100. As used in this definition, "compensation"
shall include the receipt of (a) pay for work performed, such as that paid to
contractors and subcontractors; (b) wages, including but not limited to those
paid to employees of contractors, building owners, property management
companies, child-occupied facilities operators, state and local government
agencies, and nonprofit organizations; and (c) rent for housing constructed
before January 1, 1978, or child-occupied facilities in public or commercial
building space.
"Renovation
contractor" means a person who has met the Board's requirements and has
been issued a license by the Board to conduct renovations.
"Renovator"
means an individual who has been issued a license by the Board to perform
renovations or to direct others who perform renovations.
"Residential building" means, for the purposes of home inspection, a structure consisting of one to four dwelling units used or occupied, or intended to be used or occupied, for residential purposes.
"Training manager" means the individual responsible
for administering a training program and monitoring the performance of
instructors for an accredited asbestos training, or accredited lead training
program or accredited renovation training program.
§54.1-500.1. Virginia Board for Asbestos, Lead, and Home Inspectors; membership; meetings; offices; quorum.
The Virginia Board for Asbestos, Lead, and Home Inspectors
shall be appointed by the Governor and composed of
13 11
members as follows: (i) one shall be a representative of a Virginia-licensed
asbestos contractor, (ii) one shall be a representative of a Virginia-licensed
lead contractor, (iii) one shall be a
representative of a Virginia-licensed renovation contractor, (iv)
one shall be either a Virginia-licensed asbestos inspector or project monitor, (v)
(iv) one shall be a Virginia-licensed lead risk assessor, (vi)
(v) one shall be a representative of a Virginia-licensed
asbestos analytical laboratory, (vii) (vi) one shall be a
representative of an asbestos, or lead,
or renovation training program,
(viii) one shall be a member of the Board for Contractors,
(ix)
(vii) three shall be Virginia-licensed home inspectors, and
(x)
(viii) two shall be citizen members. After the initial
staggering of terms, the terms of members of the Board shall be four years,
except that vacancies may be filled for the remainder of the unexpired term.
The home inspector and
renovation contractor members appointed to the Board shall
have practiced as a home inspector and a renovation
contractor, respectively, for at least five consecutive
years immediately prior to appointment.
The Board shall meet at least once each year and other such times as it deems necessary. The Board shall elect from its membership a chairman and a vice-chairman to serve for a period of one year. Six members of the Board shall constitute a quorum. The Board is vested with the powers and duties necessary to execute the purposes of this chapter.
§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, and lead,
and renovation licenses, and governing conflicts of
interest among various categories of asbestos, and 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, and lead,
and renovation licensure;
4. Promulgate regulations governing the licensing of and establishing performance criteria applicable to asbestos analytical laboratories;
5. 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. 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 Environmental Protection Agency regulations. If the United States 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; and
7. Promulgate regulations for the licensing of home inspectors
not inconsistent with this chapter regarding the professional qualifications of
home inspectors applicants, the requirements necessary for passing home
inspectors examinations, the proper conduct of its examinations, the proper
conduct of the home inspectors licensed by the Board, and the proper discharge
of its duties; and
8. 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 Environmental Protection Agency
(EPA) regulations. Such regulations of the Board shall be consistent with the
EPA Lead Renovation, Repair, and Painting Program final rule.
§54.1-503. Licenses required.
A. It shall be unlawful for any person who does not have an asbestos contractor's license to contract with another person, for compensation, to carry out an asbestos project or to perform any work on an asbestos project. It shall be unlawful for any person who does not have an asbestos project designer's license to develop an asbestos project design. It shall be unlawful for any person who does not have an asbestos inspector's license to conduct an asbestos inspection. It shall be unlawful for any person who does not have an asbestos management planner's license to develop an asbestos management plan. It shall be unlawful for any person who does not have a license as an asbestos project monitor to act as project monitor on an asbestos project.
B. It shall be unlawful for any person who does not possess a valid asbestos analytical laboratory license issued by the Board to communicate the findings of an analysis, verbally or in writing, for a fee, performed on material known or suspected to contain asbestos for the purpose of determining the presence or absence of asbestos.
C. It shall be unlawful for any person who does not possess a license as a lead contractor to contract with another person to perform lead abatement activities or to perform any lead abatement activity or work on a lead abatement project. It shall be unlawful for any person who does not possess a lead supervisor's license to act as a lead supervisor on a lead abatement project. It shall be unlawful for any person who does not possess a lead worker's license to act as a lead worker on a lead abatement project. It shall be unlawful for any person who does not possess a lead project designer's license to develop a lead project design. It shall be unlawful for any person who does not possess a lead inspector's license to conduct a lead inspection. It shall be unlawful for any person who does not possess a lead risk assessor's license to conduct a lead risk assessment. It shall be unlawful for any person who does not possess a lead inspector's or lead risk assessor's license to conduct lead abatement clearance testing.
D. It shall be
unlawful for any person who does not possess a license as a renovation
contractor to perform renovation. It shall be
unlawful for any person who does not possess a renovator's license to perform
or direct others to perform renovation. It shall be unlawful for any person who
does not possess a dust sampling technician's license to perform dust clearance
sampling.
E. It
shall be unlawful for any individual who does not possess a license as a home
inspector issued by the Board to perform a home inspection for compensation on
a residential building. It shall be unlawful for any individual who does not
possess a home inspector license with the new residential structure endorsement
to conduct a home inspection for compensation on any new residential structure.
For purposes of this chapter, "new residential structure" means a
residential structure for which the first conveyance of record title to a
purchaser has not occurred, or of which a purchaser has not taken possession,
whichever occurs later.
§54.1-512. Exemptions from licensure.
A. In an emergency, the Board may, at its discretion, waive the requirement for asbestos contractor's, supervisor's and worker's licenses.
B. Any employer, and any employee of such employer, who conducts an asbestos project on premises owned or leased by such employer shall be exempt from licensure.
C. Notwithstanding the provisions of the Virginia Tort Claims Act (§8.01-195.1 et seq.), neither the Commonwealth nor any agency or employee of the Commonwealth shall be subject to any liability as the result of a determination made by the Board hereunder.
D. Nothing in this chapter shall be construed as requiring the
licensure of a contractor who contracts to undertake a project, a portion of
which constitutes an asbestos or lead abatement project
or renovation, if all of the asbestos or lead abatement
work or renovation is subcontracted
to a person licensed to perform such work in accordance with the provisions of
this chapter.
E. This chapter shall not apply to any person who performs lead-based paint activities within residences which they own, unless the residence is occupied by a person or persons other than the owner or the owner's immediate family while these activities are being conducted or a child is residing in the property and has been identified as having an elevated blood-lead level.
F. This chapter
shall not apply to renovations of owner-occupied housing constructed before
1978, provided the person performing renovations obtains a statement signed by
the owner providing that (i) no child under the age of six or pregnant woman
resides in the structure, (ii) the residence is not a child-occupied facility,
and (iii) the owner acknowledges that renovations may not include all of the
lead-safe work practices contained in the EPA Lead Renovation, Repair, and
Painting Program final rule.
G. This chapter
shall not apply to any person who performs renovations on (i) housing
constructed after January 1, 1978, (ii) housing for the elderly or persons with
disabilities, unless a child under the age of six resides or is expected to reside
in the structure, or (iii) a structure that does not have bedrooms.
§54.1-516. Disciplinary actions.
A. The Board may reprimand, fine, suspend or revoke (i) the
license of a lead contractor, lead inspector, lead risk assessor, lead project
designer, lead supervisor, lead worker, asbestos contractor, asbestos
supervisor, asbestos inspector, asbestos analytical laboratory, asbestos
management planner, asbestos project designer, asbestos project monitor,
asbestos worker, renovator, dust
sampling technician, renovation
contractor, or home inspector or (ii) the approval of an
accredited asbestos training program, accredited lead training program, accredited renovation training program,
training manager or principal instructor, if the licensee or approved person or
program:
1. Fraudulently or deceptively obtains or attempts to obtain a license or approval;
2. Fails at any time to meet the qualifications for a license or approval or to comply with the requirements of this chapter or any regulation adopted by the Board; or
3. Fails to meet any applicable federal or state standard when
performing an asbestos project or service, or performing lead-based paint
activities, or performing
renovations.
B. The Board may reprimand, fine, suspend or revoke the
license of (i) any asbestos contractor who employs or permits an individual
without an asbestos supervisor's or worker's license to work on an asbestos
project,
or (ii) any lead contractor who employs or permits an
individual without a lead supervisor's or lead worker's license to work on a
lead abatement project, or (iii) any
renovation contractor who employs or permits an individual without a
renovator's license to perform or to direct others who perform renovations.
C. The Board may reprimand, fine, suspend or revoke the license of a home inspector.
§54.1-517. Penalties for willful violations.
Notwithstanding any other provision of law, any person who willfully violates any provision of this chapter or any regulation related to licensure or training adopted pursuant to this chapter shall be guilty of a Class 1 misdemeanor for the first two violations and a Class 6 felony for a third and each subsequent violation within a three-year period.
In addition, licensed asbestos contractors, asbestos supervisors,
asbestos inspectors, asbestos management planners, asbestos project designers,
asbestos project monitors, asbestos analytical laboratories and asbestos
workers, lead contractors, lead inspectors, lead risk assessors, lead project
designers, lead supervisors, lead workers,
renovators, dust sampling technicians, renovation
contractors, and accredited asbestos training programs,
accredited lead training programs, accredited
renovator training programs, training managers or principal
instructors may be assessed a civil penalty by the Board of not more than
$1,000 for an initial violation and $5,000 for each subsequent violation within
a three-year period arising from a willful violation of standards established
by the Environmental Protection Agency, Occupational Safety and Health
Administration, Department of Labor and Industry, or the Divisions of Air
Pollution Control and Waste Management of the Department of Environmental
Quality in a three-year period.
2. That the terms of the members of the Board for Contractors whose membership is repealed by the enactment of this act shall expire on the effective date of this act.
