Virginia Code 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.
Terms Used In Virginia Code 54.1-512
- Asbestos: means the asbestiform varieties of actinolite, amosite, anthophyllite, chrysotile, crocidolite, and tremolite. See Virginia Code 54.1-500
- Board: means the Virginia Board for Asbestos, Lead, and Home Inspectors. See Virginia Code 54.1-500
- Lead abatement: means any measure or set of measures designed to permanently eliminate lead-based paint hazards, including lead-contaminated dust or soil. See Virginia Code 54.1-500
- Lead-based paint: means paint or other surface coatings that contain lead equal to or in excess of 1. See Virginia Code 54.1-500
- Person: means a corporation, partnership, sole proprietorship, firm, enterprise, franchise, association or any other individual or entity. See Virginia Code 54.1-500
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
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 if all of the asbestos or lead abatement work 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.
1987, c. 579, § 54-145.10:6; 1988, cc. 765, 807; 1989, c. 397; 1993, c. 660; 1996, cc. 180, 846; 1998, c. 739; 2009, c. 819; 2024, cc. 93, 94.