54.1-512 - Exemptions from licensure.
§ 54.1-512. Exemptions from licensure.
A. In an emergency, the Board may, at its discretion, waive the requirementfor asbestos contractor's, supervisor's and worker's licenses.
B. Any employer, and any employee of such employer, who conducts an asbestosproject on premises owned or leased by such employer shall be exempt fromlicensure.
C. Notwithstanding the provisions of the Virginia Tort Claims Act (§8.01-195.1 et seq.), neither the Commonwealth nor any agency or employee ofthe Commonwealth shall be subject to any liability as the result of adetermination made by the Board hereunder.
D. Nothing in this chapter shall be construed as requiring the licensure of acontractor who contracts to undertake a project, a portion of whichconstitutes an asbestos or lead abatement project or renovation, if all ofthe asbestos or lead abatement work or renovation is subcontracted to aperson licensed to perform such work in accordance with the provisions ofthis chapter.
E. This chapter shall not apply to any person who performs lead-based paintactivities within residences which they own, unless the residence is occupiedby a person or persons other than the owner or the owner's immediate familywhile these activities are being conducted or a child is residing in theproperty and has been identified as having an elevated blood-lead level.
F. This chapter shall not apply to renovations of owner-occupied housingconstructed before 1978, provided the person performing renovations obtains astatement signed by the owner providing that (i) no child under the age ofsix or pregnant woman resides in the structure, (ii) the residence is not achild-occupied facility, and (iii) the owner acknowledges that renovationsmay not include all of the lead-safe work practices contained in the EPA LeadRenovation, 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 orpersons with disabilities, unless a child under the age of six resides or isexpected to reside in the structure, or (iii) a structure that does not havebedrooms.
(1987, c. 579, § 54-145.10:6; 1988, cc. 765, 807; 1989, c. 397; 1993, c. 660;1996, cc. 180, 846; 1998, c. 739; 2009, c. 819.)