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Current as of January 02, 2025 | Updated by Findlaw Staff
(a)(1) For each inspection and reinspection conducted under § 763.85 (a) and (c) and previous inspections specified under § 763.99, the local education agency shall have an accredited inspector provide a written assessment of all friable known or assumed ACBM in the school building.
(2) Each accredited inspector providing a written assessment shall sign and date the assessment, provide his or her State of accreditation, and if applicable, accreditation number, and submit a copy of the assessment to the person designated under § 763.84 for inclusion in the management plan within 30 days of the assessment.
(b) The inspector shall classify and give reasons in the written assessment for classifying the ACBM and suspected ACBM assumed to be ACM in the school building into one of the following categories:
(1) Damaged or significantly damaged thermal system insulation ACM.
(2) Damaged friable surfacing ACM.
(3) Significantly damaged friable surfacing ACM.
(4) Damaged or significantly damaged friable miscellaneous ACM.
(5) ACBM with potential for damage.
(6) ACBM with potential for significant damage.
(7) Any remaining friable ACBM or friable suspected ACBM.
(c) Assessment may include the following considerations:
(1) Location and the amount of the material, both in total quantity and as a percentage of the functional space.
(2) Condition of the material, specifying:
(i) Type of damage or significant damage (e.g., flaking, blistering, water damage, or other signs of physical damage).
(ii) Severity of damage (e.g., major flaking, severely torn jackets, as opposed to occasional flaking, minor tears to jackets).
(iii) Extent or spread of damage over large areas or large percentages of the homogeneous area.
(3) Whether the material is accessible.
(4) The material's potential for disturbance.
(5) Known or suspected causes of damage or significant damage (e.g., air erosion, vandalism, vibration, water).
(6) Preventive measures which might eliminate the reasonable likelihood of undamaged ACM from becoming significantly damaged.
(d) The local education agency shall select a person accredited to develop management plans to review the results of each inspection, reinspection, and assessment for the school building and to conduct any other necessary activities in order to recommend in writing to the local education agency appropriate response actions. The accredited person shall sign and date the recommendation, provide his or her State of accreditation, and, if applicable, provide his or her accreditation number, and submit a copy of the recommendation to the person designated under § 763.84 for inclusion in the management plan.
Cite this article: FindLaw.com - Code of Federal Regulations Title 40. Protection of Environment § 40.763.88 Assessment - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-40-protection-of-environment/cfr-sect-40-763-88/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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