As used in this part 5, unless the context otherwise requires: (1) (a) "Area of public access" means any building, facility, or property, or a portion thereof, that any member of the general public can enter or can be exposed to asbestos from the area. "Area of public access" includes a single-family residential dwelling and any facility that charges the general public a fee for admission, such as any theater or arena. (b) Repealed. (c) Notwithstanding the provisions of subsection (1)(a) of this section, a single family residential dwelling shall not be considered an area of public access for purposes of conducting asbestos abatement if the homeowner who resides in the single family dwelling that is the homeowner's primary residence requests, on a form provided by the division, that the single family dwelling not be considered an area of public access. (2) "Asbestos" means asbestiform varieties of chrysotile, amosite, crocidolite, anthophyllite, tremolite, and actinolite. (3) "Asbestos abatement" means any of the following: (a) The wrecking or removal of structural members that contain friable asbestos- containing material; (b) The following practices intended to prevent the escape of asbestos fibers into the atmosphere: (I) Coating, binding, or resurfacing of walls, ceilings, pipes, or other structures for the purpose of minimizing friable asbestos-containing material from becoming airborne; (II) Enclosing friable asbestos-containing material to make it inaccessible; (III) Removal of friable asbestos-containing material from any pipe, duct, boiler, tank, reactor, furnace, or other structural member; (IV) Conducting a major spill response. (4) "Commission" means the air quality control commission created by section 25-7- 104. (5) "Division" means the division of administration in the department of public health and environment. (5.5) "Facility" means any institutional, commercial, public, industrial, school, or residential structure; any installation; any building, including any structure, installation, or building containing condominiums or individual dwelling units operated as a residential cooperative; any ship; any railcar; and any active or inactive waste disposal site. (6) "Friable asbestos-containing material" means any material that contains asbestos and when dry can be crumbled, pulverized, or reduced to powder by hand pressure and that contains more than one percent asbestos by weight, area, or volume. The term includes nonfriable forms of asbestos after such previously nonfriable material becomes damaged to the extent that when dry it can be crumbled, pulverized, or reduced to powder by hand pressure. (7) "Person" means any individual, any public or private corporation, partnership, association, firm, trust, or estate, the state or any department, institution, or agency thereof, any municipal corporation, county, city and county, or other political subdivision of the state, or any other legal entity which is recognized by law as the subject of rights and duties. (7.5) "Project manager" means a person who has satisfied the experience and academic training requirements set forth by the commission. (8) (a) "School" means any institution that provides elementary or secondary education. (b) and (c) Repealed. (9) "State-owned or state-leased buildings" means structures occupied by any person which are either owned by the state or utilized by the state through leases of one year's duration or longer. (10) "Structural member" means any beam, ceiling, floor, or wall. (11) "Trained supervisor" means an individual certified by the division to supervise asbestos abatement pursuant to section 25-7-506.
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