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If a building is on the premises of a local education agency (LEA) property and under the authority of the LEA, but is being used only as a private residence, is it subject to the Asbestos Hazard Emergency Response Act (AHERA)?

If the residence does not perform any of the functions listed or fall under any of the descriptions given in the definition of a “school building” in AHERA section 202(13) and the asbestos-containing materials in schools rule (40 CFR part 763.83), then it is not subject to AHERA.