A. In an emergency, the Board may, at its discretion, waive the requirement for asbestos
contractor's, supervisor's and worker's licenses.
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 or renovation, if all of the asbestos or lead abatement work
or renovation 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.
F. This chapter shall not apply to renovations of owner-occupied housing constructed
before 1978, provided the person performing renovations obtains a statement signed
by the owner providing that (i) no child under the age of six or pregnant woman resides
in the structure, (ii) the residence is not a child-occupied facility, and (iii) the
owner acknowledges that renovations may not include all of the lead-safe work practices
contained in the EPA Lead Renovation, Repair, and Painting Program final rule.
G. This chapter shall not apply to any person who performs renovations on (i) housing
constructed after January 1, 1978, (ii) housing for the elderly or persons with disabilities,
unless a child under the age of six resides or is expected to reside in the structure,
or (iii) a structure that does not have bedrooms.
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