The Board shall administer and enforce this chapter. The Board shall:
1. Promulgate regulations necessary to carry out the requirements of thischapter in accordance with the provisions of the Administrative Process Act(§ 2.2-4000 et seq.) to include but not be limited to the prescription offees, procedures, and qualifications for the issuance and renewal ofasbestos, lead, and renovation licenses, and governing conflicts of interestamong various categories of asbestos, lead, and renovation licenses;
2. Approve the criteria for accredited asbestos training programs, accreditedlead training programs, accredited renovation training programs, trainingmanagers, and principal instructors;
3. Approve accredited asbestos training programs, accredited lead trainingprograms, accredited renovation training programs, examinations and thegrading system for testing applicants for asbestos, lead, and renovationlicensure;
4. Promulgate regulations governing the licensing of and establishingperformance criteria applicable to asbestos analytical laboratories;
5. Promulgate regulations governing the functions and duties of projectmonitors on asbestos projects, circumstances in which project monitors shallbe required for asbestos projects, and training requirements for projectmonitors;
6. Promulgate, in accordance with the Administrative Process Act, regulationsnecessary to establish procedures and requirements for the: (i) approval ofaccredited lead training programs, (ii) licensure of individuals and firms toengage in lead-based paint activities, and (iii) establishment of standardsfor performing lead-based paint activities consistent with the ResidentialLead-based Paint Hazard Reduction Act and United States EnvironmentalProtection Agency regulations. If the United States Environmental ProtectionAgency (EPA) has adopted, prior to the promulgation of any relatedregulations by the Board, any final regulations relating to lead-based paintactivities, then the related regulations of the Board shall not be morestringent than the EPA regulations in effect as of the date of suchpromulgation. In addition, if the EPA shall have outstanding any proposedregulations relating to lead-based paint activities (other than as amendmentsto existing EPA regulations), as of the date of promulgation of any relatedregulations by the Board, then the related regulations of the Board shall notbe more stringent than the proposed EPA regulations. In the event that theEPA shall adopt any final regulations subsequent to the promulgation by theBoard of related regulations, then the Board shall, as soon as practicable,amend its existing regulations so as to be not more stringent than such EPAregulations;
7. Promulgate regulations for certification of home inspectors notinconsistent with this chapter regarding the professional qualifications ofhome inspectors applicants, the requirements necessary for passing homeinspectors examinations in whole or in part, the proper conduct of itsexaminations, the proper conduct of the home inspectors certified by theBoard, the implementation of exemptions from certifications requirements, andthe proper discharge of its duties;
8. Promulgate, in accordance with the Administrative Process Act, regulationsnecessary to establish procedures and requirements for the (i) approval ofaccredited renovation training programs, (ii) licensure of individuals andfirms to engage in renovation, and (iii) establishment of standards forperforming renovation consistent with the Residential Lead-based Paint HazardReduction Act and United States Environmental Protection Agency (EPA)regulations. Such regulations of the Board shall be consistent with the EPALead Renovation, Repair, and Painting Program final rule; and
9. (Effective July 1, 2011) Promulgate regulations for licensing of moldinspectors and mold remediators not inconsistent with this chapter regardingthe professional qualifications of such applicants, the requirementsnecessary for passing applicable examinations in whole or in part, the properconduct of its examinations, the proper conduct of the mold inspectors andmold remediators licensed by the Board, the implementation of exemptions fromlicensure requirements, and the proper discharge of its duties. The Boardshall have the discretion to impose different requirements for licensure forthe performance of mold inspections and mold remediation.
(1987, c. 579, § 54-145.5; 1988, c. 765; 1989, c. 397; 1990, cc. 49, 73, 823;1991, c. 45; 1992, c. 477; 1993, cc. 499, 660; 1994, cc. 185, 911; 1995, cc.543, 585; 1996, cc. 180, 846; 1997, cc. 649, 885; 1998, c. 739; 2001, c. 723;2009, cc. 358, 819.)
The Board shall administer and enforce this chapter. The Board shall:
1. Promulgate regulations necessary to carry out the requirements of thischapter in accordance with the provisions of the Administrative Process Act(§ 2.2-4000 et seq.) to include but not be limited to the prescription offees, procedures, and qualifications for the issuance and renewal ofasbestos, lead, and renovation licenses, and governing conflicts of interestamong various categories of asbestos, lead, and renovation licenses;
2. Approve the criteria for accredited asbestos training programs, accreditedlead training programs, accredited renovation training programs, trainingmanagers, and principal instructors;
3. Approve accredited asbestos training programs, accredited lead trainingprograms, accredited renovation training programs, examinations and thegrading system for testing applicants for asbestos, lead, and renovationlicensure;
4. Promulgate regulations governing the licensing of and establishingperformance criteria applicable to asbestos analytical laboratories;
5. Promulgate regulations governing the functions and duties of projectmonitors on asbestos projects, circumstances in which project monitors shallbe required for asbestos projects, and training requirements for projectmonitors;
6. Promulgate, in accordance with the Administrative Process Act, regulationsnecessary to establish procedures and requirements for the: (i) approval ofaccredited lead training programs, (ii) licensure of individuals and firms toengage in lead-based paint activities, and (iii) establishment of standardsfor performing lead-based paint activities consistent with the ResidentialLead-based Paint Hazard Reduction Act and United States EnvironmentalProtection Agency regulations. If the United States Environmental ProtectionAgency (EPA) has adopted, prior to the promulgation of any relatedregulations by the Board, any final regulations relating to lead-based paintactivities, then the related regulations of the Board shall not be morestringent than the EPA regulations in effect as of the date of suchpromulgation. In addition, if the EPA shall have outstanding any proposedregulations relating to lead-based paint activities (other than as amendmentsto existing EPA regulations), as of the date of promulgation of any relatedregulations by the Board, then the related regulations of the Board shall notbe more stringent than the proposed EPA regulations. In the event that theEPA shall adopt any final regulations subsequent to the promulgation by theBoard of related regulations, then the Board shall, as soon as practicable,amend its existing regulations so as to be not more stringent than such EPAregulations;
7. Promulgate regulations for certification of home inspectors notinconsistent with this chapter regarding the professional qualifications ofhome inspectors applicants, the requirements necessary for passing homeinspectors examinations in whole or in part, the proper conduct of itsexaminations, the proper conduct of the home inspectors certified by theBoard, the implementation of exemptions from certifications requirements, andthe proper discharge of its duties;
8. Promulgate, in accordance with the Administrative Process Act, regulationsnecessary to establish procedures and requirements for the (i) approval ofaccredited renovation training programs, (ii) licensure of individuals andfirms to engage in renovation, and (iii) establishment of standards forperforming renovation consistent with the Residential Lead-based Paint HazardReduction Act and United States Environmental Protection Agency (EPA)regulations. Such regulations of the Board shall be consistent with the EPALead Renovation, Repair, and Painting Program final rule; and
9. (Effective July 1, 2011) Promulgate regulations for licensing of moldinspectors and mold remediators not inconsistent with this chapter regardingthe professional qualifications of such applicants, the requirementsnecessary for passing applicable examinations in whole or in part, the properconduct of its examinations, the proper conduct of the mold inspectors andmold remediators licensed by the Board, the implementation of exemptions fromlicensure requirements, and the proper discharge of its duties. The Boardshall have the discretion to impose different requirements for licensure forthe performance of mold inspections and mold remediation.
(1987, c. 579, § 54-145.5; 1988, c. 765; 1989, c. 397; 1990, cc. 49, 73, 823;1991, c. 45; 1992, c. 477; 1993, cc. 499, 660; 1994, cc. 185, 911; 1995, cc.543, 585; 1996, cc. 180, 846; 1997, cc. 649, 885; 1998, c. 739; 2001, c. 723;2009, cc. 358, 819.)
The Board shall administer and enforce this chapter. The Board shall:
1. Promulgate regulations necessary to carry out the requirements of thischapter in accordance with the provisions of the Administrative Process Act(§ 2.2-4000 et seq.) to include but not be limited to the prescription offees, procedures, and qualifications for the issuance and renewal ofasbestos, lead, and renovation licenses, and governing conflicts of interestamong various categories of asbestos, lead, and renovation licenses;
2. Approve the criteria for accredited asbestos training programs, accreditedlead training programs, accredited renovation training programs, trainingmanagers, and principal instructors;
3. Approve accredited asbestos training programs, accredited lead trainingprograms, accredited renovation training programs, examinations and thegrading system for testing applicants for asbestos, lead, and renovationlicensure;
4. Promulgate regulations governing the licensing of and establishingperformance criteria applicable to asbestos analytical laboratories;
5. Promulgate regulations governing the functions and duties of projectmonitors on asbestos projects, circumstances in which project monitors shallbe required for asbestos projects, and training requirements for projectmonitors;
6. Promulgate, in accordance with the Administrative Process Act, regulationsnecessary to establish procedures and requirements for the: (i) approval ofaccredited lead training programs, (ii) licensure of individuals and firms toengage in lead-based paint activities, and (iii) establishment of standardsfor performing lead-based paint activities consistent with the ResidentialLead-based Paint Hazard Reduction Act and United States EnvironmentalProtection Agency regulations. If the United States Environmental ProtectionAgency (EPA) has adopted, prior to the promulgation of any relatedregulations by the Board, any final regulations relating to lead-based paintactivities, then the related regulations of the Board shall not be morestringent than the EPA regulations in effect as of the date of suchpromulgation. In addition, if the EPA shall have outstanding any proposedregulations relating to lead-based paint activities (other than as amendmentsto existing EPA regulations), as of the date of promulgation of any relatedregulations by the Board, then the related regulations of the Board shall notbe more stringent than the proposed EPA regulations. In the event that theEPA shall adopt any final regulations subsequent to the promulgation by theBoard of related regulations, then the Board shall, as soon as practicable,amend its existing regulations so as to be not more stringent than such EPAregulations;
7. Promulgate regulations for certification of home inspectors notinconsistent with this chapter regarding the professional qualifications ofhome inspectors applicants, the requirements necessary for passing homeinspectors examinations in whole or in part, the proper conduct of itsexaminations, the proper conduct of the home inspectors certified by theBoard, the implementation of exemptions from certifications requirements, andthe proper discharge of its duties;
8. Promulgate, in accordance with the Administrative Process Act, regulationsnecessary to establish procedures and requirements for the (i) approval ofaccredited renovation training programs, (ii) licensure of individuals andfirms to engage in renovation, and (iii) establishment of standards forperforming renovation consistent with the Residential Lead-based Paint HazardReduction Act and United States Environmental Protection Agency (EPA)regulations. Such regulations of the Board shall be consistent with the EPALead Renovation, Repair, and Painting Program final rule; and
9. (Effective July 1, 2011) Promulgate regulations for licensing of moldinspectors and mold remediators not inconsistent with this chapter regardingthe professional qualifications of such applicants, the requirementsnecessary for passing applicable examinations in whole or in part, the properconduct of its examinations, the proper conduct of the mold inspectors andmold remediators licensed by the Board, the implementation of exemptions fromlicensure requirements, and the proper discharge of its duties. The Boardshall have the discretion to impose different requirements for licensure forthe performance of mold inspections and mold remediation.
(1987, c. 579, § 54-145.5; 1988, c. 765; 1989, c. 397; 1990, cc. 49, 73, 823;1991, c. 45; 1992, c. 477; 1993, cc. 499, 660; 1994, cc. 185, 911; 1995, cc.543, 585; 1996, cc. 180, 846; 1997, cc. 649, 885; 1998, c. 739; 2001, c. 723;2009, cc. 358, 819.)
