HAR §11-502-5. Inspection and reinspections

(a) Any building leased or acquired that is to be used as a school building shall be inspected by a certified inspector prior to use as a school building. In the event that emergency use of an uninspected building as a school building is necessitated, such buildings shall be inspected within thirty days after commencement of such use. For each area of a school building, including surfaces behind suspended ceilings or other non-permanent structures, except as excluded pursuant to section 11-502-15, each person performing an inspection shall: (1) Visually inspect the area to identify the locations of all suspected ACBM; (2) Touch all suspected ACBM to determine whether they are friable; (3) Identify all homogeneous areas of friable suspected ACBM and all homogeneous areas of nonfriable suspected ACBM; (4) Assume that some or all of the homogeneous areas are ACM, and, for each homogeneous area that is not assumed to be ACM, collect and submit for analysis bulk samples pursuant to sections 11-502-6 and 11-502-7; (5) Assess, pursuant to section 11-502-8, friable material in areas where samples are collected, friable material in areas that are assumed to be ACBM, and friable ACBM identified during previous inspections; and (6) Record the following and submit to the person designated pursuant to section 11-502-4, a copy of such record for inclusion in the management plan within thirty days of the inspection: (A) An inspection report with the date of the inspection signed by each certified person making the inspection, the state of certification, and the person's certification number; (B) An inventory of the locations of the homogeneous areas where samples were collected, size of each homogeneous area, exact location where each bulk sample was collected, dates that samples were collected, homogeneous areas where friable suspected ACBM is assumed to be ACM, and homogeneous areas where nonfriable suspected ACBM is assumed to be ACM; (C) A description of the manner used to determine sampling locations, the name and signature of each certified inspector who collected the samples, the state of certification, and the person's certification number; (D) A list of whether the homogeneous areas identified pursuant to subparagraph (B) are surfacing material, thermal system insulation, or miscellaneous material; (E) The amount of material in each homogeneous area, listed in square, linear, or cubic feet; and (F) Assessments made of friable material, the name and signature of each certified inspector making the assessment, the state of certification, and the inspector's certification number. (b) Reinspection shall be performed as follows: (1) At least once every three years after a management plan is in effect, the local education agency shall conduct a reinspection of all friable and nonfriable known or assumed ACBM in each school building that it leases, owns, or otherwise uses as a school building; (2) Each inspection shall be made by an certified inspector; and (3) For each area of a school building, each person performing a reinspection shall: (A) Visually reinspect and reassess, pursuant to section 11-502-8, the condition of all friable known or assumed ACBM; (B) Visually inspect material that was previously considered nonfriable ACBM and touch the material to determine whether it has become friable since the last inspection or reinspection; (C) Identify any homogeneous areas with material that has become friable since the last inspection or reinspection; For each homogeneous area of newly friable material that is already assumed to be ACBM, collect bulk samples and submit the samples for analysis in accordance with sections 11-502-6 and 11-502-7; (D) Assess, pursuant to section 11-502-8, the condition of the newly friable material in areas where samples are collected, and newly friable materials in areas that are assumed to be ACBM; (F) Reassess, pursuant to section 11-502-8, the condition of friable known or assumed ACBM previously identified; (G) Identify and assess all suspect ACBM not identified by previous inspections; and (H) Record the following and submit to the person designated pursuant to section 11-502-4 a copy of such record for inclusion in the management plan within thirty days of the reinspection: (i) The date of the reinspection, the name and signature of the person making the reinspection, the state of certification, the person's certification number, and any changes in the condition of known or assumed ACBM; (ii) The exact locations where samples are collected during the reinspection, a description of the manner used to determine sampling locations, the name and signature of each certified inspector who collected the samples, the state of certification, and the inspector's certification number; and (iii) Any assessments or reassessments made of friable material, the name and signature of the certified inspector making the assessments, the state of certification, and the inspector's certification number. (c) Thermal system insulation that has retained its structural integrity and that has an undamaged protective jacket or wrap that prevents fiber release shall be treated as nonfriable and therefore is subject only to periodic surveillance and preventive measures as necessary. (d) Schools not previously covered under the AHERA regulation shall have their school buildings inspected and shall submit a management plan for approval to the department of health no later than six months after the adoption of this regulation. [Eff ] (Auth: HRS §321-11(26)) (Imp: 40 CFR Part 763.85)