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Displaying 1 - 15 of 248 results
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Are churches that have Sunday school classes, daycare centers, or kindergartens regulated under the Asbestos Emergency Response Act (AHERA)?
The Asbestos Hazard Emergency Response Act (AHERA) applies to public and private non-profit elementary and secondary schools. The term ‘non-profit elementary or secondary school’ means any elementary or secondary school as defined in section 198 of the Elementary and Secondary Education Act of 1965. Under this Act, the terms elementary…
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Do the Asbestos Hazard Emergency Response Act (AHERA) requirements for inspection and reinspection of school buildings for asbestos-containing building materials (ACBM) apply to newly installed building materials in school buildings?
Generally, the AHERA initial inspection and subsequent reinspection requirements do not apply to building materials installed after an initial inspection. If, however, an entirely new structure is being added to an existing school (e.g. a new wing or new building), this new structure does have to undergo the initial inspection…
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Do the Asbestos Hazard Emergency Response Act (AHERA) requirements apply to charter schools that provide online elementary and secondary education through learning centers and/or directly in the home?
If the charter school providing online education is considered an elementary or secondary school under relevant state law and the facility where such online education is located qualifies as a “school building” under AHERA, then that same charter school’s learning center would also be covered by the AHERA requirements. Since…
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Do the Asbestos Hazard Emergency Response Act (AHERA) requirements in 40 CFR part 763 mandating routine facility inspections and management plan development apply to for-profit private schools as they apply in public K-12 schools?
AHERA requirements for facility inspections and management plan development do not apply to for-profit private schools, but they do apply to non-profit private K-12 schools. This exemption for private for-profit schools was directly mandated in the enabling legislation (the AHERA statute). Other Frequent Questions about Asbestos Learn About Asbestos Asbestos…
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Does this management plan have to be updated periodically?
Yes. The asbestos management plan must be updated with information collected during periodic surveillance every 6 months, re-inspections every 3 years, and every time a response action is taken within the school. Also, records of annual notifications to parents, teachers, and staff concerning the availability of the school’s asbestos management…
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How many samples do you have to take for friable miscellaneous material under the Asbestos Hazard Emergency Response Act (AHERA)?
40 CFR part 763.86(c) says that “an accredited inspector shall collect bulk samples [plural] from each homogeneous area of friable miscellaneous material that is not assumed to be asbestos containing material.” Therefore, at least two samples must be taken. Other Frequent Questions about Asbestos Learn About Asbestos Asbestos and School…
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If a private school has a daycare area, is the day care area excluded from the Asbestos Hazard Emergency Response Act (AHERA) rule and/or the whole educational facility?
If the private school is non-profit, then all parts of the facility that would be considered a school building under 40 CFR part 763.83 would be covered. Conversely, if the private school is a for-profit institution, neither the school nor the daycare center would be subject to the regulation. Other…
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If a school has all asbestos-containing building material (ACBM) removed, how long do we need to keep records in the asbestos management plan pursuant to the Asbestos Hazard Emergency Response Act (AHERA)?
After all the ACBM has been removed, certain records listed under 40 part 763.94(a) can be discarded three years after the next scheduled reinspection. However, other records that are part of the management plan must be maintained indefinitely. Other Frequent Questions about Asbestos Learn About Asbestos Asbestos and School Buildings…
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