W. Va. Code R. § 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.
Notes
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