Haw. Code R. § 11-502-12 - Management plans

(a) If a building is to be used as part of a school, the local education agency shall include the building in the management plan for the school prior to its use as a school building. The revised portions of the management plan shall be submitted to the department of health. If the local education agency begins to use a building as a school, the local education agency shall submit a management plan for the school, developed by a management planner, to the department of health prior to its use as a school.

(b) The local education agency shall maintain and update its management plans to keep them current with ongoing operations and maintenance, periodic surveillance, inspection, reinspection, and response action activities. All provisions required to be included in the management plan by this chapter shall be retained as part of the management plan, as well as any information that has been revised to bring the plan up-to-date.

(c) The management plan shall be developed by a management planner certified according to section 11-504-34 and shall include:

(1) A list of the name and address of each school building and whether the school building contains friable ACBM, nonfriable ACBM, and friable and nonfriable suspected ACBM assumed to be ACM;

(2) For each inspection conducted before December 14, 1987:

(A) The date of the inspection;

(B) A blueprint, diagram, or written description of each school building that identifies clearly each location and the approximate square or linear footage of any homogeneous or sampling area where material was sampled for ACM, and, if possible, the exact locations where bulk samples were collected, and the dates of collection;

(C) A copy of the analyses of any bulk samples, dates of analyses, and a copy of any other laboratory reports pertaining to the analyses;

(D) A description of any response actions or preventive measures taken to reduce asbestos exposure, including, if possible, the names, business addresses, and license numbers of all contractors involved, start and completion dates of the work, and results of any air samples analyzed during and upon completion of the work; and

(E) A description of assessments required by section 11-502-8 of material that was identified before December 14, 1987, as friable ACBM or friable suspected ACBM assumed to be ACM, and the name and signature, the state of certification, and the certification number of each certified person making the assessments;

(3) For each inspection and reinspection conducted pursuant to section 11-502-5:

(A) The date of the inspection or reinspection and the name and signature, the state of certification, and the certification number of each certified inspector performing the inspection or reinspection;

(B) A blueprint, diagram, or written description of each school building that identifies clearly each location and approximate square or linear footage of homogeneous areas where material was sampled for ACM, the exact location where each bulk sample was collected, the date of collection, the homogeneous areas where friable suspected ACBM is assumed to be ACM, and where nonfriable suspected ACBM is assumed to be ACM;

(C) A description of the manner used to determine sampling locations, and the name and signature of each certified inspector collecting samples, the state of certification, and the inspector's certification number;

(D) A copy of the analyses of any bulk samples collected and analyzed, the name and address of any laboratory that analyzed bulk samples, a statement that the laboratory meets the applicable requirements of section 11-502-7(a), the date of analysis, and the name and signature of the person performing the analysis; and

(E) A description of assessments required to be made pursuant to section 11-502-8 of all ACBM and suspected ACBM assumed to be ACM, and the name, signature, state of certification, and certification number of each certified person making the assessments;

(4) The name, business address, and telephone number of the person designated pursuant to section 11-502-4 to ensure that the duties of the local education agency are carried out, and the course name, and dates and hours of training taken by that person to carry out the duties;

(5) The recommendations made to the local education agency regarding response actions pursuant to section 11-502-9, the name, signature, state of certification and certification number of each person making the recommendations;

(6) A detailed description of preventive measures and response actions to be taken, including methods to be used, for any friable ACBM, the locations where such measures and action will be taken, reasons for selecting the response action or preventive measure, and a schedule for beginning and completing each preventive measure and response action;

(7) With respect to the person or persons who inspected for ACBM and who will design or carry out response actions, except for operations and maintenance, with respect to the ACBM, a statement that the person is certified pursuant to chapter 11-504;

(8) A detailed description in the form of a blueprint, diagram, or written summary of any ACBM or suspected ACBM assumed to be ACM which remains in the school once response actions are undertaken pursuant to section 11-502-9. This description shall be updated as response actions are completed;

(9) A plan for reinspection pursuant to section 11-502-5, a plan for operations and maintenance activities pursuant to section 11-502-10, a plan for periodic surveillance pursuant to section 11-502-11, a description of the written recommendation made by the management planner regarding additional cleaning pursuant to section 11-502-10(d)(2) as part of an operations and maintenance program, and the response of the local education agency to that recommendation;

(10) A description of steps taken to inform workers and building occupants, or their legal guardians, about inspections, reinspections, response actions, and post-response action activities, including periodic reinspection and surveillance activities that are planned or in progress;

(11) A description of the planned method to notify short-term workers (e.g., telephone repair workers, utility workers, or exterminators) who may come in contact with asbestos to ensure they are provided information regarding the locations of ACM as required in section 11-502-4;

(12) An evaluation of the resources needed to complete response actions successfully and carry out reinspection, operations and maintenance activities, periodic surveillance, and training; and

(13) With respect to each inspector or management planner who contributed to the management plan, the name of the person and a statement that the inspector or management planner is certified pursuant to chapter 11-504-33 and 11-504-34.

(d) The local education agency may require each management plan to contain a statement signed by an certified management planner that the person has prepared or assisted in the preparation of the plan or has reviewed the plan, and that the plan is in compliance with this chapter. The statement may not be signed by a person who, in addition to preparing or assisting in preparing the management plan, also implements or will implement the management plan.

(e) Upon submission of a management plan to the governor for review, the local education agency shall keep a copy of the plan in its administrative office. The management plan shall be available in the main office of the local education agency and at a specified location on the island on which the subject property of the plan is located, without cost or restriction, for inspection by representatives of EPA and the State, the public, including teachers, other school personnel, and their representatives, and parents. The local education agency may charge a reasonable amount to make copies of management plans.

(f) The local education agency shall maintain in its administrative office and at a specified location on the island on which the subject property of the plan is located a complete, updated copy of the management plan for each school under its administrative control or direction. The management plan shall be available, during normal business hours, without cost or restriction, for inspection by representatives of EPA and the State, the public, teachers, other school personnel and their representatives, and parents. The local education agency may charge a reasonable cost to make copies of management plans.

(g) Each school shall maintain in its administrative office a complete, updated copy of the management plan for that school. Management plans shall be available for inspection, without cost or restriction, to workers before work begins in any area of a school building. The school shall make management plans available for inspection to representatives of EPA and the State, the public, including parents, teachers, and other school personnel and their representatives within five working days after receiving a request for inspection. The school may charge a reasonable amount to make copies of the management plan.

(h) Upon submission of its management plan to the governor and at least once each school year, the local education agency shall notify in writing parent, teacher, and employee organizations of the availability of management plans and shall include in the management plan a description of the steps taken to notify such organizations, and a dated copy of the notification. In the absence of any such organizations for parents, teachers, or employees, the local education agency shall provide written notice to that relevant group of the availability of management plans and shall include in the management plan a description of the steps taken to notify such groups and a dated copy of the notice.

(i) Records required pursuant to section 11-502-13 shall be made by the local education agency and maintained as part of the management plan.

(j) Each management plan shall contain a true and correct statement, signed by the individual designated by the local education agency pursuant to section 11-502-4, which certifies that the general, local education agency responsibilities, as stipulated in section 11-502-4, have been or will be met.

Notes

Haw. Code R. § 11-502-12

[Eff ] (Auth: HRS § 321-11(26)) (Imp: 40 CFR Part 763.93)