NYC 9/11 Public Portal Document
§763.84 40 CFR Ch. I (7-1-00 Edition)
changes in occupancy, or recurrent (6) Any exterior portion of a mechan
damage. ical system used to condition interior
(3) The material is subject to major space.
or continuing disturbance, due to fac Significantly damaged friable miscella
tors including, but not limited to, ac neous ACM means damaged friable mis
cessibility or, under certain cir cellaneous ACM where the damage is
cumstances, vibration or air erosion. extensive and severe.
Preventive measures means actions Significantly damaged friable surfacing
taken to reduce disturbance of ACBM ACM means damaged friable surfacing
or otherwise eliminate the reasonable ACM in a functional space where the
likelihood of the material’s becoming damage Is extensive and severe.
damaged or significantly damaged.
Removal means the taking out or the State means a State, the District of
stripping of substantially all ACBM Columbia, the Commonwealth of Puer
from a damaged area, a functional to Rico, Guam, American Samoa, the
space, or a homogeneous area in a Northern Marianas, the Trust Terri
school building. tory of the Pacific Islands, and the Vir
Repair means returning damaged gin Islands.
ACBM to an undamaged condition or to Surfacing ACM means surfacing mate
an intact state so as to prevent fiber rial that is ACM.
release. Surfacing material means material in
Response action means a method, in a school building that is sprayed-on,
cluding removal, encapsulation, enclo troweled-on, or otherwise applied to
sure, repair, operations and mainte- surfaces, such as acoustical plaster on
ntince, that protects human health and ceilings and fireproofing materials on
the environment from friable ACBM. structured members, or other materials
Routine maintenance area means an on surfaces for acoustical, fireproofing,
area, such as a boiler room or mechan or other purposes.
ical room, that is not normally fre Thermal system insulation meeins ma
quented by students and in which terial in a school building applied to
maintenance employees or contract pipes, fittings, boilers, breeching,
workers regularly conduct mainte tanks, ducts, or other interior struc
nance activities. tural components to prevent heat loss
School means any elementary or sec
ondary school as defined In section 198 or gain, or water condensation, or for
of the Elementary and Secondary Edu other purposes.
cation Act of 1965 (20 U.S.C. 2854). Thermal system insulation ACM means
School building means: thermal system insulation that is
(1) Any structure suitable for use as a ACM.
classroom. Including a school facility Vibration means the periodic motion
such as a laboratory, library, school of friable ACBM which may result in
eating facility, or facility us^ for the the release of asbestos fibers.
preparation of food.
(2) Any gymnasium or other facility §763.84 General local education agen
which is specially designed for athletic cy responsibilities.
or recreational activities for an aca Each local education agency shall:
demic course in physical education. (a) Ensure that the activities of any
(3) Any other facility used for the in persons who perform inspections, re
struction or housing of students or for inspections, and periodic surveillance,
the administration of educational or develop and update management plans,
research programs. zind develop and implement response
(4) Any maintenance, storage, or util
ity facility, including any hallway, es actions. Including operations and
sential to the operation of any facility maintenance, are carried out In accord
described in this definition of “school ance with subpart E of this part.
building” under paragraphs (1), (2), or (b) Ensure that all custodial and
(3). maintenance employees are properly
(5) Any portico or covered exterior trained as required by this subpart E
hallway or walkway. and other applicable Federal and/or
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