Asbestos, Lead, and Demolition
Projects Notification Program
Asbestos, Lead, and Demolition
Projects Notification Requirements
The Asbestos and Lead Program oversees the abatement of asbestos and lead-based paint hazards. The primary function of the program is to assure that the people working with asbestos and lead are properly trained and that contractors performing asbestos and lead abatement projects comply with rules governing the work activity.
These rules are designed to protect not only the individual employee performing asbestos abatement work, but also the general public that occupy the area or building in which the work occurs. An asbestos survey is required before any renovation or demolition activity begins. Asbestos surveys must be performed by state-licensed asbestos inspectors.
The Asbestos and Lead Program is also responsible for enforcing certain portions of the Asbestos National Emission Standard for Hazardous Air Pollutants (NESHAP) An asbestos survey is required before any renovation or demolition activity begins. Asbestos surveys must be performed by state-licensed asbestos inspectors.
The Asbestos and Lead Program also regulates occupational exposure to asbestos and lead under the Virginia Occupational Safety and Health (VOSH) Program’s Asbestos Standard for the Construction Industry and the Lead Standard for the Construction Industry
Lead Abatement and Renovation Notification
Any lead-related activity which requires the contractor performing such activity to be licensed by the Virginia Board for Asbestos, Lead, and Home Inspectors’ Lead-Based Paint Activities Regulation, Title 54.1, Chapter 5 Licensure is required for individuals and firms engaged in lead-based paint activities in target housing (built before 1978) and child-occupied facilities (e.g. day-care centers, preschools and kindergarten classrooms).
How to submit an Asbestos, Lead or Demolition Project Notification
Please refer to the Quick Start Guide for portal instructions, including how to create an account. Amendments for permits issued prior to November 2024 must be requested manually.
If you would like to submit a paper form, please follow the instructions below:
We cannot accept the application via email. All paper notification must be mailed or faxed to the contact information located on the application. Questions? Contact Us!
Permit Applications and Notification for Asbestos Removal and Demolition
Asbestos Demolition Removal Instructions for Permit Request
Permit Applications and Notification for Lead Abatement and Renovation
Lead Demolition Removal Instructions for Permit Request
FAQs
When is an asbestos notification required?
Under Virginia regulations, a written notification is required for any asbestos project ten linear or more or ten square feet or more. An asbestos project includes any activity involving job set-up for containment, removal, encapsulation, enclosure, renovation, repair, construction or alteration of an asbestos-containing material or product which contains more than 1.0% asbestos as determined by polarized light microscopy (PLM).
An asbestos notification must be submitted 20 calendar days before the beginning of the asbestos project. The start date is the day that the removal of asbestos-containing material, or any other asbestos-handling activities, including pre-cleaning, construction of containment, or other activities that could disturb the asbestos, will begin.
When is an asbestos notification not required?
An asbestos notification is not required for nonfriable asbestos containing roofing, flooring and siding materials which when installed, encapsulated or removed do not become friable. Activities such as grinding, mechanical chipping, sawing or drilling can make the asbestos containing material friable and would require notification.
When is a demolition notification required?
A notification is required for the demolition of most buildings under the asbestos NESHAP even when no asbestos is involved. The purpose of the requirement to report even when no asbestos is found is to ensure that facilities are inspected for asbestos and that removal is performed consistent with the standard. Building materials containing asbestos continued to be sold for years after their manufacture was banned. There are NO exemptions based upon the date of construction nor age of the structure. A demolition notification must be submitted 10 working days prior to the start date of the demolition.
When is a demolition notification not required?
The demolition of residential structures which do not meet the NESHAPS definition of facility does not require notification. One private residence is not subject to the asbestos NESHAP regulations and notification is not required.
However, homes which are demolished as part of an urban renewal project, a highway construction project, or a project to develop a shopping mall are regulated by the Asbestos NESHAP. A single home which is converted into a non-residential structure is also regulated by the Asbestos NESHAP. For example, if someone buys a house and converts it into a store, the renovation is subject to the Asbestos NESHAP.
Is there a notification and permit fee?
Yes, an asbestos project permit fee must be submitted with the completed project notification for non-residential structures. The fee is in accordance with the following schedule:
- $50 for each project equal to or greater than 10 linear feet or 10 square feet up to and including 260 linear feet and 160 square feet.
- $160 for each project equal to or greater than 260 linear feet or 160 square feet up to and including 2600 linear feet and 1600 square feet.
- $470 for each project equal to or greater than 2600 linear feet or 1600 square feet.
If the amount of the asbestos is reported in both linear feet and square feet, the amounts will be added and treated as if the total were in all square feet for this subsection.
- $15 for each amended notification.
** There is no fee for demolition notifications if the demolition activity does not involve an asbestos abatement project.
When is a lead project notification required?
Under the Regulation Concerning Certified Lead Contractors Notification, Lead Project Permits and Permit Fees 16VAC25-35 -10 et seq., a written notification is required for a lead project. The notification must be submitted 20 calendar days before the beginning of the lead project.
Is there a notification and permit fee?
Yes, a Lead Project permit fee must be submitted with the completed project notification. The fee is the greater of $100 or 1.0% of the contract price, with a maximum of $500.
Can I request an exemption from the 20-calendar or 10-working day reporting period?
A waiver of the 20-calendar or 10-working day reporting period may be granted under conditions constituting an emergency. An emergency asbestos project is an asbestos project that was not planned, but results from a sudden, unexpected event that either immediately produces unsafe conditions, or that, if not quickly remedied, could be reasonably foreseen to result in an unsafe or detrimental effect on health or is necessary to protect equipment and avoid unreasonable financial burden. This includes asbestos projects necessitated by leaking or ruptured pipes; accidentally damaged or fallen asbestos that could expose non-asbestos workers or the public or non-routine equipment failures. For example, the explosion of a boiler in a chemical plant might require emergency renovations, since such an explosion would disrupt normal operations. However, renovations involving routine repairs are not emergencies.
A detailed statement signed by the facility owner explaining such circumstances should accompany the notification. The statement should include dates project was planned, dates the facility was inspected and any pertinent information on the inspection process.
What are the requirements for filing an asbestos project/demolition notification?
The Department of Labor and Industry’s Asbestos Project/Demolition Notification combines the requirements of the Asbestos NESHAP and the Virginia Regulation Concerning Licensed Asbestos Contractor Notification, Asbestos Project Permits, and Permit Fees, 16VAC25-20. Both regulations require that notification be submitted on the form specified by the department before beginning asbestos projects which include the disturbance of asbestos-containing building material or the disturbance of the NESHAP threshold amount of asbestos-containing material in a facility. Notifications are also required for essentially all demolition projects, regardless of whether asbestos containing materials are present in the structure.
What if something changes after I submit the notification?
To update or amend information on the notification, please go to the DOLI Self Service Portal here and submit your amendment OR use the PERMIT APPLICATION AND NOTIFICATION FOR ASBESTOS REMOVAL AND DEMOLITION. Simply check “Amended” at the top of the form, change the necessary information and then circle or highlight the new information so DOLI can readily identify it.
The department must be notified prior to any cancellation. A copy of the original notification form marked cancelled must be received no later than the scheduled removal date. Cancellation of a project may also be requested thru the DOLI Self Service Portal or facsimile transmission. Refunds of the asbestos project permit fee will be made for timely cancellations when a notarized notice of cancellation signed by the owner is submitted.
How do I notify the department about large-scale projects at a single site?
A blanket or phased notification can be submitted for large-scale projects at one site, such as a large industrial plant or an office building under renovation where significant amounts of asbestos are present. If you can predict that asbestos removal will be necessary during the calendar year and the amount of asbestos is likely to exceed the jurisdictional amount, a blanket or phased notification can be submitted.
Blanket and phased notifications cannot to be used for the purpose of having an abatement contractor on call. The contractor must be engaged in an asbestos project on every workday during the notification period, excluding weekends and holidays. Single renovation projects which exceed the threshold amount are not covered by these types of notices. A separate notification is required for these projects.
A single notification for asbestos projects with multiple addresses will be accepted only where the addresses are contiguous to each other and are under the same ownership. An example of this would be a large apartment complex where work will be done in each building. For these you must submit a work plan for the site that includes when each building will be done.
Blanket and phased projects may last no longer than one year. If the project extends longer, you must submit another notification for the remaining period. If there is a break in the work, the contractor is required to amend the notification to show the period when the activity was suspended.
Contact Us
Address
Virginia Department of Labor and Industry
6606 West Broad Street
Richmond, VA 23230
Phone Number
Office: (804) 786-9865
Fax: (804) 371-7634
Email Address
General Questions:
lapsadmin@doli.virginia.gov