40.1-51.20 - Duties of licensed asbestos and certified lead contractors.
§ 40.1-51.20. Duties of licensed asbestos and certified lead contractors.
A. A licensed asbestos contractor and any certified lead contractor shallnotify the Department of Labor and Industry at least twenty days prior tocommencement of each asbestos or lead project. Notification shall be sent ina manner prescribed by the Department of Labor and Industry. The Departmentof Labor and Industry shall have the authority to waive all or any part ofthe twenty-day notice.
B. A licensed asbestos contractor or certified lead contractor shall obtainan asbestos or lead project permit from the Department of Labor and Industryprior to commencing each asbestos or lead project in accordance with thischapter and shall pay directly to the Commissioner a fee as established bythe Safety and Health Codes Board pursuant to the Administrative Process Act(§ 2.2-4000 et seq.). The fees shall be sufficient but not excessive to coverthe cost of administering the program. All fees collected pursuant to thissection shall be paid into a special fund in the state treasury to the creditof the Department of Labor and Industry and shall be used in carrying out theDepartment's mission under this chapter.
The provisions of this subsection shall not apply to asbestos projects inresidential buildings as defined by the Board in regulations adopted pursuantto the Administrative Process Act (§ 2.2-4000 et seq.).
C. A licensed asbestos contractor or certified lead contractor shall keep arecord of each asbestos or lead project performed and shall make the recordavailable to the Departments of Professional and Occupational Regulation andof Labor and Industry upon request. Records required by this section shall bekept for at least thirty years. The records shall include:
1. The name, address, and asbestos or lead supervisor's license orcertification number of the individual who supervised the asbestos or leadproject and each employee or agent who worked on the project;
2. The location and description of the project and the amount of asbestos orlead material that was removed;
3. The starting and completion dates of each project and a summary of theprocedures that were used to comply with all federal and state standards; and
4. The name and address of each disposal site where waste containing asbestosor lead was deposited, the results of the lead toxicity characteristic test,and the disposal site receipts.
(1992, c. 477; 1995, cc. 543, 585; 1996, cc. 180, 846.)