A commitment to provide all students with the necessary skills to thrive as 21st century learners, workers and citizens.
2512 George Mason Drive • P.O. Box 6038 Virginia Beach, Virginia 23456-0038   757.263.1000 • 757.263.1240 TDD

Policies and Regulations

School Board of the City of Virginia Beach
Policy 3-59

BUSINESS AND NONINSTRUCTIONAL OPERATIONS

Safety: Asbestos Abatement

A. Generally

The superintendent is directed to comply with Sections 2.1-526.14, 2.1-526.15, 2.1-526.16 of the Code of Virginia cited as legal references to this policy relating to asbestos abatement.

B. Asbestos Inspections/Management Plan

The school board shall enter into a contract with one or more firms qualified to perform asbestos inspections, take bulk samples and write an asbestos management plan which includes an operation and maintenance plan for the division.

C. Asbestos Coordinator

1. Qualifications

The asbestos coordinator shall have training (approved by the Environmental Protection Agency) to enable him/her to perform the duties assigned, and to have or receive training which will provide a basic knowledge of the health effects of asbestos, the detection, identification and assessment of asbestos containing materials (ACMs), the control options available for asbestos containing building materials (ACBMs), asbestos management programs, and relevant Federal and State regulations, as required by his/her duties.

2. Appointment

The asbestos coordinator shall be appointed by the school board upon the recommendation of the division superintendent.

If the appointee is a staff member who does not have the qualifications enumerated in Subsection 1 preceding the school board shall pay for such training and expenses related thereto.

3. Primary Functions

The asbestos coordinator shall implement the management plan, reinspect all facilities every 6 months, update the management plan and ensure division compliance with Federal and State regulations.

Editor's Note
See also the division's "Asbestos Management Plan."

Legal Reference:

Code of Va., § 2.1-526.12. Definitions.

Code of Va., § 2.1-526.14. Standards for inspection of buildings for asbestos.-The Director, at the direction of the Secretary and in cooperation with any other appropriate agencies including, but not limited to, the Department of Education shall promulgate standards for the inspection of state-owned and local education agency buildings of all types and the ancillary facilities used in connection therewith for the purpose of identifying the presence of asbestos and to the extent practicable the relative hazard to health or safety posed by any asbestos identified.

The Administrative Process Act (§ 9-6.14:1 et seq.) shall not apply to the promulgation of standards under this section.

A.  The standards shall include:

1.  Inspection of such location for the presence, location and condition of asbestos-containing materials;

2.  Development of a building asbestos profile for each building inspected and found to contain asbestos-containing material, which profile shall:

(a)Include information regarding product type (surfacing material, thermal system insulation, or miscellaneous material), specific location, estimated quantity (in square or linear feet), type and percentage of asbestos content , and physical condition;

(b)Be kept in possession of the person designated pursuant to subsection E, at a location in the building where it is readily accessible to building employees or their designated representatives;

(c)Be updated as surveillance, test results and/or response actions are undertaken in the building.

B. The following standards are hereby established for state-owned buildings:

1. When air monitoring is used for building assessment, it must be used in conjunction with comprehensive visual assessment techniques for determining the priority and nature of response action.

2. The airborne asbestos reoccupancy level, to be measured upon completion of response actions, shall be equal to the reoccupancy standards established for buildings pursuant to subsection C.

C. The Director, in conjunction with the Departments of Commerce, Health, Labor and Industry, Education, and Air Pollution Control, shall promulgate standards governing aggressive air sampling after completion of an asbestos project for airborne asbestos for local education agencies and public colleges and universities.

D. Asbestos management plans for state-owned buildings shall include:

1. Operation and maintenance programs, including procedures for the notification of maintenance and housekeeping personnel of the location of asbestos-containing materials likely to be disturbed during routine building operations; t he labeling of asbestos-containing materials in routine maintenance areas; and work practices, engineering controls or personal protective measures to minimize asbestos exposure to such personnel and other building occupants;

2. Training requirements for maintenance workers and maintenance supervisory personnel;

3. Assurance of compliance by contractors with licensing under all relevant state statutes and regulations; and

4. Provisions for setting priorities of buildings for response actions.

E. Each person responsible for such management plans shall designate one member of the maintenance personnel in or responsible for each building containing asbestos-containing materials to serve as the liaison to coordinate the specific efforts of such program within the particular building to which the liaison is assigned.(1993)

Code of Va., § 2.1-526.15. Inspection of public school buildings; certification of inspection; certain inspections made before July 1, 1986, deemed in compliance.

A. Every public school division in the Commonwealth shall ensure that every school building owned or operated by it, which has not previously been inspected in compliance with this article, is inspected in accordance herewith. Inspection shall conform to the standards developed pursuant to § 2.1-526.14.

B. The superintendent of schools for each public school division shall certify to the Superintendent of Public Instruction and the Secretary that the public schools in the division have been inspected in compliance with this article.

C. Inspections completed prior to July 1, 1986, shall deemed in compliance with this article if the Superintendent of Public Instruction and the Secretary determine that they conform substantially to the standards referenced in § 2.1-526.14, or to the inspection procedures contained in 40 CFR 763. (1986)

Code of Va., § 2.1-526.16. Marking locations where asbestos found in public school buildings; estimate of cost of risk abatement; list of priorities based on risk. - Each public school division shall ensure that every location at which asbestos is identified following inspections conducted pursuant to subsection A or C of § 2.1-526.15 hereof as being present is clearly marked with suitably designed signs or labels. Each division shall prepare an accurate estimate of the cost of abating t he risk of asbestos at each location so identified. Each division shall also establish a list of priorities, based upon its determination of the risk to public health and safety posed by asbestos at each such location, which shall include the estimated cost of abating the risk at each location on the list. (1986)

Code of Va., § 54.1-514. Award of contracts by state agencies and political subdivisions.

Asbestos Hazard Emergency Response Act (AHERA). (1987)

Toxic Substances Control Act (TSCA). (1987)

Editor's Note
For appointment of the asbestos coordinator see [State] Supts. Memo. No. 46, February 24, 1988.

 

Adopted by School Board:  February 16, 1993