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Facilities Planning

Facilities Planning

AHERA, Health, Safety and Emergencies

AHERA Requirements

The Federal Asbestos Hazard Emergency Response Act (AHERA) was signed into law in 1986. AHERA requires all public and nonpublic elementary and secondary schools to inspect all buildings that are leased, owned, or otherwise used as school buildings for the presence of asbestos-containing building materials. The U.S. Environmental Protection Agency (EPA) published regulations and enforces AHERA.

The requirements provided on the EPA Website on Asbestos and School Buildings include, but are not limited to:

  • Perform an original inspection. If a building has never been inspected for asbestos, a new AHERA inspection must be completed as soon as possible. Pursuant to AHERA Section 763.85(a), any building leased or acquired on or after October 12, 1988, that is to be used as a school building shall be inspected for asbestos prior to use as a school building. If the emergency use of an uninspected building as a school building is necessitated, such building must be inspected for asbestos within 30 days after the commencement of such use. Finally, please note that the EPA enforces AHERA. Please find more information on their enforcement program.
  • Develop, maintain, and update an asbestos management plan. A copy must be kept in the school building, as well as in the district’s administrative office. Refer to the Model AHERA Asbestos Management Plan for Local Education Agencies.
  • Designate a contact person (also known as the asbestos designee) to ensure the responsibilities of the local education agency are properly implemented. Details on the asbestos designee’s responsibilities may be found at Checklist for Designated Persons 
  • Provide asbestos awareness training to custodial and facilities staff.
  • Provide and post AHERA Warning Labels.
  • Provide an annual written notification to parents, teachers, and employee organizations regarding the availability of the school's asbestos management plan for review and any asbestos abatement actions taken or planned in the school. See Annual AHERA Notification for more details. 
  • Perform periodic visual surveillance every six months of all known or suspected asbestos-containing building materials.
  • Perform a reinspection every three years for all known or assumed asbestos-containing building materials (ACBM) in all facilities which are owned, leased, or otherwise used as a school building. The AHERA triennial reinspection may only be performed by an individual currently certified by the New York State Department of Labor as an asbestos inspector and management planner. See more details: Asbestos Reinspection. The current triennial re-inspection cycle is 2025, 2028, 2031, 2034 and so on. The inspections must be completed by the beginning of July in the applicable inspection year.
  • Submit a report to NYSED: In conjunction with the reinspection, New York State public school districts (including BOCES and charter schools) should complete and submit a report to NYSED. Submission details are below:
  • The presence of asbestos does not mean that it must be removed. The asbestos management plan must include response actions to manage the asbestos. These include establishing an operations and maintenance plan; encapsulation; enclosure, repair; or removal. Work on asbestos (including an asbestos inspection and the development of an asbestos management plan) must be performed in accordance with State Department of Labor Code Rule 56 and only by persons licensed in an appropriate asbestos discipline.

To assist you with the AHERA requirements, the EPA has posted information on asbestos in schools on the following websites:

Please feel free to contact your local BOCES Health and Safety Office or the Office of Facilities Planning at emscfp@nysed.gov or (518) 474-3906 for assistance on AHERA.

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