Terms Used In Virginia Code > Title 54.1 > Subtitle II > Chapter 5 - Asbestos, Lead, and Home Inspection Contractors and Workers

• 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. See Virginia Code 54.1-500
• 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. See Virginia Code 54.1-500
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• air carrier: includes a common carrier by aircraft, a restricted common carrier by aircraft, and a contract carrier by aircraft. See Virginia Code 5.1-89
• aircraft: means any contrivance, except a contrivance operating twenty-four inches or less above ground or water level, now known or hereafter invented, used, or designed for navigation of, or flight in, the airspace in the transportation of passengers, property or mail. See Virginia Code 5.1-89
• airspace: means all airspace above the lands and waters within the boundary of this Commonwealth. See Virginia Code 5.1-89
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Asbestos: means the asbestiform varieties of actinolite, amosite, anthophyllite, chrysotile, crocidolite, and tremolite. See Virginia Code 54.1-500
• 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. See Virginia Code 54.1-500
• 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. See Virginia Code 54.1-500
• Asbestos management plan: means a program designed to control or abate any potential risk to human health from asbestos. See Virginia Code 54.1-500
• 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. See Virginia Code 54.1-500
• Board: means the Virginia Board for Asbestos, Lead, and Home Inspectors. See Virginia Code 54.1-500
• broker: means any person not included in the term air carrier and not a bona fide employee or agent of any such carrier, who, as principal or agent, sells or offers for sale any transportation subject to this chapter, or negotiates for, or holds himself out by solicitation, advertisement, or otherwise as one who sells, provides, furnishes, contracts, or arranges for such transportation. See Virginia Code 5.1-89
• certificate: means a certificate of public convenience and necessity issued by the State Corporation Commission to common carriers by aircraft and restricted common carriers by aircraft under this chapter. See Virginia Code 5.1-89
• City: means an independent incorporated community which became a city as provided by law before noon on July 1, 1971, or which has within defined boundaries a population of 5,000 or more and which has become a city as provided by law. See Virginia Code 1-208
• Commission: means the State Corporation Commission. See Virginia Code 5.1-89
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Aviation. See Virginia Code 5.1-1
• Department: means the Department of Environmental Quality. See Virginia Code 10.1-1182
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Docket: A log containing brief entries of court proceedings.
• Energy storage facility: means energy storage equipment or technology that is capable of absorbing energy, storing such energy for a period of time, and redelivering energy after it has been stored. See Virginia Code 10.1-1197.5
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Foundation: means the Virginia Foundation for Healthy Youth, created pursuant to § Virginia Code 32.1-354
• 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. See Virginia Code 54.1-500
• Fund: means the Virginia Tobacco Settlement Fund established pursuant to § Virginia Code 32.1-354
• Fund: means the Small Business Environmental Compliance Assistance Fund. See Virginia Code 10.1-1197.1
• Home inspection: means any inspection of a residential building for compensation conducted by a licensed home inspector. See Virginia Code 54.1-500
• 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. See Virginia Code 54.1-500
• in writing: include any representation of words, letters, symbols, numbers, or figures, whether (i) printed or inscribed on a tangible medium or (ii) stored in an electronic or other medium and retrievable in a perceivable form and whether an electronic signature authorized by Virginia Code 1-257
• Includes: means includes, but not limited to. See Virginia Code 1-218
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• 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 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. See Virginia Code 54.1-500
• 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. See Virginia Code 54.1-500
• Lead inspector: means an individual who has been licensed by the Board to conduct lead inspections and abatement clearance testing. See Virginia Code 54.1-500
• 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. See Virginia Code 54.1-500
• Lead project designer: means an individual who has been licensed by the Board to prepare lead project designs. See Virginia Code 54.1-500
• 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. See Virginia Code 54.1-500
• Lead risk assessor: means an individual who has been licensed by the Board to conduct lead inspections, lead risk assessments and abatement clearance testing. See Virginia Code 54.1-500
• Lead supervisor: means an individual who has been licensed by the Board to supervise lead abatements. 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
• Lead-contaminated soil: means bare soil that contains lead at or in excess of levels identified by the Environmental Protection Agency. See Virginia Code 54.1-500
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Lien: A claim against real or personal property in satisfaction of a debt.
• Original bill: A bill which is drafted by a committee. It is introduced by the committee or subcommittee chairman after the committee votes to report it.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means a corporation, partnership, sole proprietorship, firm, enterprise, franchise, association or any other individual or entity. See Virginia Code 54.1-500
• person: means any individual, firm, copartnership, corporation, company, association or joint-stock association, and includes any trustee, receiver, assignee, or personal representative thereof. See Virginia Code 5.1-89
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Principal instructor: means the individual who has the primary responsibility for organizing and teaching an accredited asbestos training program, an accredited lead training program, or any combination thereof. See Virginia Code 54.1-500
• Process: includes subpoenas, the summons and complaint in a civil action, and process in statutory actions. See Virginia Code 1-237
• Quorum: The number of legislators that must be present to do business.
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• 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. See Virginia Code 54.1-500
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Small business: means a business located in Virginia that (i) employs 100 or fewer people and (ii) is a small business concern as defined in the federal Small Business Act (Virginia Code 10.1-1197.1
• State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
• state agency: means the same as that term is defined in § Virginia Code 1-206
• 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.
• 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. See Virginia Code 54.1-500
• Trustee: A person or institution holding and administering property in trust.
• United States: includes the 50 states, the District of Columbia the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands and the United States Virgin Islands. See Virginia Code 1-255
• Voluntary pollution prevention measures: means operational or equipment changes that meet the definition of pollution prevention contained in § Virginia Code 10.1-1197.1