W. Va. Code R. § 64-63-10

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 64-63-10 - Responsibilities of Owners

10.1. Except as stated in Sections 10.3 and 10.4 of this rule, the owner of a building or other man-made structure shall ensure that:

10.1.a. Each building or other man-made structure he or she owns is inspected for the presence of asbestos by a licensed asbestos inspector prior to any renovation or demolition activities;

10.1.b. Each asbestos abatement project in the building or other man-made structure is designed by a licensed asbestos abatement designer;

10.1.c. The division is notified at least ten (10) working days prior to commencement of each asbestos abatement project and that the notification fees specified in W. Va. Division of Health Administrative Rules, 64 CSR 51, Fees for Services, are submitted with the notification: Provided, That in an emergency resulting from a sudden unexpected event which is not a planned renovation or demolition, the notification and fees shall be submitted to the division as soon as possible after the emergency, but no later than the next working day following the emergency;

10.1.d. Any other applicable West Virginia and federal notification requirements for asbestos abatement projects are carried out; and

10.1.e. The asbestos clearance air monitor is provided with an accurate and precise written description of the asbestos abatement project prior to the collection of air samples used to determine compliance with clearance standards.

10.2. The owner of a building or other man-made structure may delegate, in writing, the responsibilities for compliance with this section to a person who is responsible for the operation of the building, and may delegate the responsibilities for compliance with State and federal notification requirements for asbestos abatement projects to the person who contracts for the projects.

10.3. For asbestos abatement projects involving less than one hundred sixty (160) square feet or two hundred sixty (260) linear feet of asbestos-containing material in buildings or other man-made structures which are not used as schools, notification may consist of a weekly summary in lieu of separate notifications for each project. The notification fees specified in W. Va. Division of Health Administrative Rules, 64 CSR 51, Fees for Services shall be submitted with the weekly summary.

10.4. The removal of resilient floor covering materials in single-family dwellings is exempt from the notification and fee requirements of this rule.

W. Va. Code R. § 64-63-10