Current through Register Vol. 50, No. 9, September 20, 2024
A. A local
education agency or the state government shall not be required to perform an
inspection under LAC 33:III.2707.A in any sampling area as defined in LAC
33:III.2703 or homogeneous area of a school or state building where the
following conditions exist.
1. An accredited
inspector has determined that, based on sampling records, friable ACBM was
identified in that homogeneous or sampling area during an inspection conducted
before December 14, 1987. The inspector shall sign and date a statement to that
effect with his or her accreditation number and, within 30 days after such
determination, submit a copy of the statement to the person designated under
LAC 33:III.2705 for inclusion in the management plan. However, an accredited
inspector shall assess the friable ACBM under LAC 33:III.2713.
2. An accredited inspector has determined
that, based on sampling records, nonfriable ACBM was identified in that
homogeneous or sampling area during an inspection conducted before December 14,
1987. The inspector shall sign and date a statement to that effect with his or
her accreditation number and, within 30 days after such determination, submit a
copy of the statement to the person designated under LAC 33:III.2705 for
inclusion in the management plan. However, an accredited inspector shall
identify whether material that was nonfriable has become friable since that
previous inspection and shall assess the newly friable ACBM under LAC
33:III.2713.
3. Based on sampling
records and inspection records, an accredited inspector has determined that no
ACBM is present in the homogeneous or sampling area, and the records show that
the area was sampled before December 14, 1987, in substantial compliance with
LAC 33:III.2707.A, which for the purposes of this Section means in a random
manner and with a sufficient number of samples to reasonably ensure that the
area is not ACBM.
a. The accredited inspector
shall sign and date a statement, with his or her accreditation number, that the
homogeneous or sampling area determined not be ACBM was sampled in substantial
compliance with LAC 33:III.2707.A.
b. Within 30 days after the inspector's
determination, the local education agency or the state government shall submit
a copy of the inspector's statement to the Office of Environmental Services and
shall include the statement in the management plan for that school or state
building.
4. The
Department of Environmental Quality has determined that, based on sampling
records and inspection records, no ACBM is present in the homogeneous or
sampling area, and the records show that the area was sampled before December
14, 1987, in substantial compliance with LAC 33:III.2707.A. Such determination
shall be included in the management plan for that school or state
building.
5. An accredited
inspector has determined that, based on records of an inspection conducted
before December 14, 1987, suspected ACBM identified in that homogeneous or
sampling area is assumed to be ACM. The inspector shall sign and date a
statement to that effect, with his or her accreditation number, and, within 30
days of such determination, submit a copy of the statement to the person
designated under LAC 33:III.2705 for inclusion in the management plan. However,
an accredited inspector shall identify whether material that was nonfriable
suspected ACBM assumed to be ACM has become friable since the previous
inspection and shall assess the newly friable material and previously
identified friable suspected ACBM assumed to be ACM under LAC
33:III.2713.
6. Based on inspection
records and contractor and clearance records, an accredited inspector has
determined that no ACBM is present in the homogeneous or sampling area where
asbestos removal operations have been conducted before December 14, 1987, and
shall sign and date a statement to that effect and include his or her
accreditation number. The local education agency or the state government shall
submit a copy of the statement to the Office of Environmental Services and
shall include the statement in the management plan for that school or state
building.
7. An architect or
project engineer responsible for the construction of a new school building
built after October 12, 1988, or an accredited inspector signs a statement that
no ACBM was specified as a building material in any construction document for
the building or, to the best of his or her knowledge, no ACBM was used as a
building material in the building. The local education agency shall submit a
copy of the signed statement of the architect, project engineer, or accredited
inspector to the Office of Environmental Services and shall complete applicable
portions of Form AAC-8 (pages 1, 4, and 5) to serve as that portion of the
management plan for that school.
B. The exclusion, under Paragraphs A.1-4 of
this Section, from conducting the inspection under LAC 33:III.2707.A shall
apply only to homogeneous or sampling areas of a school building that were
inspected and sampled before October 17, 1987. The local education agency or
the state government shall conduct an inspection under LAC 33:III.2707.A of all
areas inspected before October 17, 1987, that were not sampled or were not
assumed to be ACM.
C. If ACBM is
subsequently found in a homogeneous or sampling area of a local education
agency or the state government that had been identified as receiving an
exclusion by an accredited inspector under Paragraph A.3, 4, or 5 of this
Section, or an architect, project engineer, or accredited inspector under
Paragraph A.7 of this Section, the local education agency or the state
government shall have 180 days following the date of identification of ACBM to
comply with this Chapter.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2344 and
40:1749.1.
