HAR §11-502-15. Exclusions

(a) The local education agency shall not be required to perform an inspection pursuant to section 11-502-5(a) in any homogeneous area of a school building where: (1) A certified 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 the inspector's state of certification, the certification number and, within thirty days after such determination, submit a copy of the statement to the person designated under section 11-502-4 for inclusion in the management plan. However, a certified inspector shall assess the friable ACBM pursuant to section 11-502-8; (2) A certified 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 the inspector's state of certification, certification number, and, within thirty days after such determination, submit a copy of the statement to the person designated pursuant to section 11-502-4 for inclusion in the management plan. However, an certified inspector shall identify whether material that was nonfriable has become friable since that previous inspection and shall assess the newly-friable ACBM pursuant to section 11-502-8; (3) Based on sampling records and inspection records, an certified 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 section 11-502-5(a), which for 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. The certified inspector shall sign and date a statement, with the inspector's state of certification, and certification number, that the homogeneous or sampling area determined not to be ACBM was sampled in substantial compliance with section 11-502-5(a). Within thirty days after the inspector's determination, the local education agency shall submit a copy of the inspector's statement to the director and shall include the statement in the management plan for that school; (4) The department of health 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 section 11-502-5(a). Such determination shall be included in the management plan for that school; (5) A certified 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 the inspector's state of certification, certification number and, within thirty days of such determination, submit a copy of the statement to the person designated pursuant to section 11-502-4 for inclusion in the management plan. However, an certified 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 pursuant to section 11-502-8; (6) Based on inspection, contractor, and clearance records, a certified 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 the inspector's state of certification and certification number. The local education agency shall submit a copy of the statement to the director and shall include the statement in the management plan for that school; or (7) An architect or project engineer responsible for the construction of a new school building built after October 12, 1988, or a certified 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 that person's 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 certified inspector to the director and shall include the statement in the management plan for that school. (b) The exclusion, pursuant to subsection (a)(1) through (4), from conducting the inspection pursuant to section 11-502-5(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 shall conduct an inspection pursuant to section 11-502-5(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 the local education agency that had been identified as receiving an exclusion by a certified inspector pursuant to subsection (a)(3) through (5) or an architect, project engineer, or certified inspector pursuant to subsection (a)(7), the local education agency shall have one hundred eighty days following the date of identification of ACBM to comply with this chapter. [Eff ] (Auth: HRS §321-11(26)) (Imp: 40 CFR Part 763.99) DEPARTMENT OF HEALTH Chapter 11-502, Hawaii Administrative Rules, on the Summary Page dated , was adopted on , following public hearings held on June 1, 1999 in Honolulu, Hawaii, June 2, 1999 in Lihue, Hawaii, June 3, 1999 in Wailuku, Hawaii, June 7, 1999 in Kailua-Kona, Hawaii, and June 8, 1999 in Hilo, Hawaii, after public notice was given in the Hawaii State & County Public Notices on May 3, 1999. The adoption of Chapter 11-502 shall take effect ten days after filing with the Office of the Lieutenant Governor. ________________________________ Bruce S. Anderson, Ph.D., M.P.H. Director of Health APPROVED: ____________________________ Benjamin J. Cayetano Governor State of Hawaii Date: _________________ ________________________ Filed APPROVED AS TO FORM: _______________________ Deputy Attorney General