Terms Used In Virginia Code > Title 54.1 > Subtitle II > Chapter 5 - Asbestos, Lead, and Home Inspection Contractors and Workers

• Accredited asbestos training program: means a training program that has been approved by the Board to provide training for individuals to engage in asbestos abatement, conduct asbestos inspections, prepare management plans, prepare project designs or act as project monitors. See Virginia Code 54.1-500
• Accredited lead training program: means a training program that has been approved by the Board to provide training for individuals to engage in lead-based paint activities. See Virginia Code 54.1-500
• Accredited renovation training program: means a training program that has been approved by the Board to provide training for individuals to engage in renovation or dust clearance sampling. See Virginia Code 54.1-500
• Asbestos: means the asbestiform varieties of actinolite, amosite, anthophyllite, chrysotile, crocidolite, and tremolite. See Virginia Code 54.1-500
• asbestos abatement project: means an activity involving job set-up for containment, removal, encapsulation, enclosure, encasement, renovation, repair, construction or alteration of an asbestos-containing material. See Virginia Code 54.1-500
• Asbestos analytical laboratory license: means an authorization issued by the Board to perform phase contrast, polarized light, or transmission electron microscopy on material known or suspected to contain asbestos. See Virginia Code 54.1-500
• Asbestos management plan: means a program designed to control or abate any potential risk to human health from asbestos. See Virginia Code 54.1-500
• Asbestos supervisor: means any person so designated by an asbestos contractor who provides on-site supervision and direction to the workers engaged in asbestos projects. See Virginia Code 54.1-500
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
• Authority: means the Virginia Offshore Wind Development Authority created pursuant to this chapter. See Virginia Code 67-1200
• Authority: means the Virginia Nuclear Energy Consortium Authority established pursuant to this chapter. See Virginia Code 67-1400
• Authority: means the Virginia Solar Energy Development and Energy Storage Authority created pursuant to this chapter. See Virginia Code 67-1500
• Authority: means the Southwest Virginia Energy Research and Development Authority created pursuant to this chapter. See Virginia Code 67-1600
• Bequest: Property gifted by will.
• Board: means the Virginia Board for Asbestos, Lead, and Home Inspectors. See Virginia Code 54.1-500
• Board: means the board of directors of the Authority. See Virginia Code 67-1400
• City: means an independent incorporated community which became a city as provided by law before noon on July 1, 1971, or which has within defined boundaries a population of 5,000 or more and which has become a city as provided by law. See Virginia Code 1-208
• compensation: shall include the receipt of (a) pay for work performed, such as that paid to contractors and subcontractors; (b) wages, including but not limited to those paid to employees of contractors, building owners, property management companies, child-occupied facilities operators, state and local government agencies, and nonprofit organizations; and (c) rent for housing constructed before January 1, 1978, or child-occupied facilities in public or commercial building space. See Virginia Code 54.1-500
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consortium: means the nonstock, nonprofit corporation established by the Authority pursuant to § 67-1404. See Virginia Code 67-1400
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the Department of Education. See Virginia Code 22.1-1
• Department: means the Department of Mines, Minerals and Energy. See Virginia Code 67-200
• Developer: means any private developer of an energy development project in Southwest Virginia. See Virginia Code 67-1600
• Devise: To gift property by will.
• Division superintendent: means the division superintendent of schools of a school division. See Virginia Code 22.1-1
• Donor: The person who makes a gift.
• Dust clearance sampling: means an on-site collection of dust or other debris that is present after the completion of a renovation to determine the presence of lead-based paint hazards and the provisions of a report explaining the results. See Virginia Code 54.1-500
• Dust sampling technician: means an individual licensed by the Board to perform dust clearance sampling. See Virginia Code 54.1-500
• Energy development project: means an electric generation facility located within Southwest Virginia and includes interests in land, improvements, and ancillary facilities. See Virginia Code 67-1600
• Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}
• Friable: means that the material when dry may be crumbled, pulverized, or reduced to powder by hand pressure and includes previously nonfriable material after such previously nonfriable material becomes damaged to the extent that when dry it may be crumbled, pulverized, or reduced to powder by hand pressure. See Virginia Code 54.1-500
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Home inspection: means any inspection of a residential building for compensation conducted by a licensed home inspector. See Virginia Code 54.1-500
• Home inspector: means a person who meets the criteria of education, experience, and testing required by this chapter and regulations of the Board and who has been licensed by the Board to perform home inspections. See Virginia Code 54.1-500
• in writing: include any representation of words, letters, symbols, numbers, or figures, whether (i) printed or inscribed on a tangible medium or (ii) stored in an electronic or other medium and retrievable in a perceivable form and whether an electronic signature authorized by Chapter 42. See Virginia Code 1-257
• Includes: means includes, but not limited to. See Virginia Code 1-218
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lead abatement: means any measure or set of measures designed to permanently eliminate lead-based paint hazards, including lead-contaminated dust or soil. See Virginia Code 54.1-500
• Lead contractor: means a person who has met the Board's requirements and has been issued a license by the Board to enter into contracts to perform lead abatements. See Virginia Code 54.1-500
• Lead inspection: means a surface-by-surface investigation to determine the presence of lead-based paint and the provisions of a report explaining the results of the investigation. See Virginia Code 54.1-500
• Lead inspector: means an individual who has been licensed by the Board to conduct lead inspections and abatement clearance testing. See Virginia Code 54.1-500
• Lead project design: means any descriptive form written as instructions or drafted as a plan describing the construction or setting up of a lead abatement project area and the work practices to be utilized during the lead abatement project. See Virginia Code 54.1-500
• Lead project designer: means an individual who has been licensed by the Board to prepare lead project designs. See Virginia Code 54.1-500
• Lead risk assessment: means (i) an on-site investigation to determine the existence, nature, severity and location of lead-based paint hazards and (ii) the provision of a report by the individual or the firm conducting the risk assessment, explaining the results of the investigation and options for reducing lead-based paint hazards. See Virginia Code 54.1-500
• Lead risk assessor: means an individual who has been licensed by the Board to conduct lead inspections, lead risk assessments and abatement clearance testing. See Virginia Code 54.1-500
• Lead supervisor: means an individual who has been licensed by the Board to supervise lead abatements. See Virginia Code 54.1-500
• Lead-based paint: means paint or other surface coatings that contain lead equal to or in excess of 1. See Virginia Code 54.1-500
• Lead-contaminated dust: means surface dust that contains an area or mass concentration of lead at or in excess of levels identified by the Environmental Protection Agency pursuant to § 403 of TSCA (15 U. See Virginia Code 54.1-500
• Lead-contaminated soil: means bare soil that contains lead at or in excess of levels identified by the Environmental Protection Agency. See Virginia Code 54.1-500
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• local governing body: means the board of supervisors of a county, council of a city, or council of a town, responsible for appropriating funds for such locality, as the context may require. See Virginia Code 22.1-1
• Member: means a member of the Consortium. See Virginia Code 67-1400
• parents: means any parent, guardian, legal custodian, or other person having control or charge of a child. See Virginia Code 22.1-1
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means a corporation, partnership, sole proprietorship, firm, enterprise, franchise, association or any other individual or entity. See Virginia Code 54.1-500
• Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
• Personal property: All property that is not real property.
• Plan: means the Virginia Energy Plan prepared pursuant to this chapter, including any updates thereto. See Virginia Code 67-200
• Principal instructor: means the individual who has the primary responsibility for organizing and teaching an accredited asbestos training program, an accredited lead training program, an accredited renovation training program, or any combination thereof. See Virginia Code 54.1-500
• Process: includes subpoenas, the summons and complaint in a civil action, and process in statutory actions. See Virginia Code 1-237
• Quorum: The number of legislators that must be present to do business.
• real estate: includes lands, tenements and hereditaments, and all rights and appurtenances thereto and interests therein, other than a chattel interest. See Virginia Code 1-219
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Renovation: means the modification of any existing structure or portion thereof, for compensation, that results in the disturbance of painted surfaces, unless that activity is (i) performed as a part of a lead abatement or (ii) limited in scope to the site work or remediation as referenced in the definition of contractor in § 54. See Virginia Code 54.1-500
• Renovation contractor: means a person who has met the Board's requirements and has been issued a license by the Board to conduct renovations. See Virginia Code 54.1-500
• Renovator: means an individual who has been issued a license by the Board to perform renovations or to direct others who perform renovations. See Virginia Code 54.1-500
• Residential building: means , for the purposes of home inspection, a structure consisting of one to four dwelling units used or occupied, or intended to be used or occupied, for residential purposes. See Virginia Code 54.1-500
• School board: means the school board that governs a school division. See Virginia Code 22.1-1
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Southwest Virginia: means the region of the Commonwealth designated as Southwest Virginia in § 22. See Virginia Code 67-1600
• State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
• state agency: means the same as that term is defined in § 2. See Virginia Code 1-206
• Superintendent: means the Superintendent of Public Instruction. See Virginia Code 22.1-1
• Testator: A male person who leaves a will at death.
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Town: means any existing town or an incorporated community within one or more counties which became a town before noon, July 1, 1971, as provided by law or which has within defined boundaries a population of 1,000 or more and which has become a town as provided by law. See Virginia Code 1-254
• Training manager: means the individual responsible for administering a training program and monitoring the performance of instructors for an accredited asbestos training, accredited lead training program or accredited renovation training program. See Virginia Code 54.1-500
• United States: includes the 50 states, the District of Columbia the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands and the United States Virgin Islands. See Virginia Code 1-255