Section 49410 Of Article 1. General Powers—school Boards From California Education Code >> Division 4. >> Title 2. >> Part 27. >> Chapter 9. >> Article 1.
49410
. (a) The Legislature finds that:
(1) There is substantial scientific and medical evidence that
human exposure to asbestos fibers significantly increases the
likelihood of contracting cancer and other debilitating or fatal
diseases such as asbestosis.
(2) Medical and epidemiological evidence suggests that children
exposed to asbestos fibers may be especially susceptible to the
environmentally induced diseases associated with the exposure.
(3) Substantial amounts of asbestos materials were used in school
construction during the period from 1946 through 1973 for
fireproofing, soundproofing, decoration, and other purposes.
(4) When these materials age, deteriorate, or become damaged or
friable, they release asbestos fibers into the ambient air. This can
result in the exposure of school children and school employees to
potentially dangerous levels of asbestos fibers.
(5) The presence of asbestos in the air in concentrations far
exceeding the normal ambient levels has been found in schools,
especially where the asbestos materials have reached a damaged,
deteriorated, or disturbed state as a result of abuse, abrasion,
water leakage, or forced air circulation.
(6) In view of the fact that the State of California has
compulsory attendance laws for children of school age, and these
children must be educated in a safe and healthy environment, the
hazard presented by asbestos materials in the schools is of special
concern to the Legislature.
(b) As a result of the findings in subdivision (a), it is the
intent of the Legislature to provide for the safe and expeditious
containment or removal of asbestos materials posing a hazard to
health in schools.
(c) As used in this section and Sections 49410.2 and 49410.5, the
following terms have the following meanings:
(1) "Asbestos" means naturally occurring hydrated mineral
silicates separable into commercially used fibers: specifically
chrysotile, amosite, crocidolite, tremolite, anthrophyllite, and
actinolite.
(2) "Asbestos materials" means materials formed by mixing asbestos
fibers with other products, including, but not limited to, rock
wool, plaster, cellulose, clay, vermiculite, perlite, and a variety
of adhesives. Some of these materials may be sprayed on surfaces or
applied to surfaces in the form of plaster or a textured paint.
(3) "Hazard to health" means that the asbestos material is loose,
friable, flaking, or dusting, or is likely to become so within the
service life of the material in place.