[Code of Federal Regulations]
[Title 40, Volume 30]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR763.85]

[Page 733-734]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 763_ASBESTOS--Table of Contents
 
           Subpart E_Asbestos-Containing Materials in Schools
 
Sec.  763.85  Inspection and reinspections.

    (a) Inspection. (1) Except as provided in paragraph (a)(2) of this 
section, before October 12, 1988, local education agencies shall inspect 
each school building that they lease, own, or otherwise use as a school 
building to identify all locations of friable and nonfriable ACBM.
    (2) Any building leased or acquired on or after October 12, 1988, 
that is to be used as a school building shall be inspected as described 
under paragraphs (a) (3) and (4) of this section 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 30 days after commencement of such use.
    (3) Each inspection shall be made by an accredited inspector.
    (4) For each area of a school building, except as excluded under 
Sec.  763.99, each person performing an inspection shall:
    (i) Visually inspect the area to identify the locations of all 
suspected ACBM.
    (ii) Touch all suspected ACBM to determine whether they are friable.
    (iii) Identify all homogeneous areas of friable suspected ACBM and 
all homogeneous areas of nonfriable suspected ACBM.
    (iv) 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 under Sec. Sec.  763.86 and 763.87.
    (v) Assess, under Sec.  763.88, friable material in areas where 
samples are collected, friable material in areas that are assumed to be 
ACBM, and friable ACBM identified during a previous inspection.
    (vi) Record the following and submit to the person designated under 
Sec.  763.84 a copy of such record for inclusion in the management plan 
within 30 days of the inspection:
    (A) An inspection report with the date of the inspection signed by 
each accredited person making the inspection, State of accreditation, 
and if applicable, his or her accreditation number.
    (B) An inventory of the locations of the homogeneous areas where 
samples are collected, exact location where each bulk sample is 
collected, dates that samples are 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 accredited inspector who 
collected the samples, State of accreditation, and, if applicable, his 
or her accreditation number.
    (D) A list of whether the homogeneous areas identified under 
paragraph (a)(4)(vi)(B) of this section, are surfacing material, thermal 
system insulation, or miscellaneous material.
    (E) Assessments made of friable material, the name and signature of 
each accredited inspector making the assessment, State of accreditation, 
and if applicable, his or her accreditation number.

[[Page 734]]

    (b) Reinspection. (1) At least once every 3 years after a management 
plan is in effect, each local education agency shall conduct a 
reinspection of all friable and nonfriable known or assumed ACBM in each 
school building that they lease, own, or otherwise use as a school 
building.
    (2) Each inspection shall be made by an accredited inspector.
    (3) For each area of a school building, each person performing a 
reinspection shall:
    (i) Visually reinspect, and reassess, under Sec.  763.88, the 
condition of all friable known or assumed ACBM.
    (ii) 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.
    (iii) Identify any homogeneous areas with material that has become 
friable since the last inspection or reinspection.
    (iv) For each homogeneous area of newly friable material that is 
already assumed to be ACBM, bulk samples may be collected and submitted 
for analysis in accordance with Sec. Sec.  763.86 and 763.87.
    (v) Assess, under Sec.  763.88, 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.
    (vi) Reassess, under Sec.  763.88, the condition of friable known or 
assumed ACBM previously identified.
    (vii) Record the following and submit to the person designated under 
Sec.  763.84 a copy of such record for inclusion in the management plan 
within 30 days of the reinspection:
    (A) The date of the reinspection, the name and signature of the 
person making the reinspection, State of accreditation, and if 
applicable, his or her accreditation number, and any changes in the 
condition of known or assumed ACBM.
    (B) 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 accredited inspector who 
collected the samples, State of accreditation, and, if applicable, his 
or her accreditation number.
    (C) Any assessments or reassessments made of friable material, the 
name and signature of the accredited inspector making the assessments, 
State of accreditation, and if applicable, his or her accreditation 
number.
    (c) General. 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.