By Kieran J. Purcell, Esq.

 

San Diego County Air Pollution Control District (“APCD”) adopted Rule 1206 establishing new asbestos requirements for condominiums on November 15, 2017.

The APCD also published a Compliance Advisory for Condominiums & Apartments and a set of Rule 1206 FAQs.

1. An Owner/HOA planning work in a condominium community consisting of more than 4 units needs to test the area(s) where the work will be performed.

Applicability of Asbestos Regulations During Renovation Projects

Owners/HOAs must follow Rule 1206 for all facility renovations involving at least 100 square feet of regulated asbestos-containing materials on facility components, or 20 cubic feet of materials removed from facility components where the area could not be measured prior to removal, stripping, or disturbance. These amounts are known as the “threshold” amounts. If smaller scale projects during any consecutive 365 day-period collectively add up to meet the “threshold” amounts above, these renovations are subject to Rule 1206.

Rule 1206 defines a “facility” to include condominiums or individual dwelling units, but excludes residential buildings containing four or fewer dwelling units.

Rule 1206 defines a regulated residential facility as any building, condominium, or apartment that contains more than four dwelling units. A regulated residential facility is also a group of buildings located on the same property and managed by a common entity, even when there are fewer than four dwelling units in each building.

Regulated Asbestos-Containing Material (RACM)

The term Regulated Asbestos-Containing Material (RACM) refers to materials containing more than one percent (1%) asbestos and asbestos that is either friable (airborne, or non-friable materials in poor condition or that have become or are likely to become friable  (can be crumbled, pulverized, or reduced to powder by hand pressure) through the use of tools, work practices, or the forces expected to act on the materials in the course of demolition or renovation operations.

2. Testing is now required, regardless of the age of the building.

Facility Survey Requirements

Prior to commencing renovation operations and prior to submitting the notifications required by Rule 1206 section (e), a facility survey must performed to determine the presence or absence of ACMs, regardless of the age of the facility. Suspect materials that will be removed, stripped, or disturbed by the renovation or demolition operations shall be sampled and analyzed for asbestos content. Once the renovation or demolition notification has been submitted, a complete copy of the facility survey shall be maintained onsite for the duration of the renovation and shall be made immediately available to the District upon request.

3. Any alteration of a facility, including asbestos removal, is a renovation.

Renovation at a Facility

Rule 1206 defines “Renovation” as the alteration of any part of that facility. Renovation includes stripping or removing asbestos from the facility.

4. Ten (10) Day Advance Written Notice is Required.

Notice of Intention Form for Asbestos Renovation

5. Anyone who has control over the renovation of facilities involving at least 100 square feet or 20 cubic feet of RACM is required to submit an Asbestos Renovation Notice of Intention form to the District at least ten working-days in advance.

PLEASE NOTE:  Certain emergency demolitions or emergency renovations may be eligible for expedited notification provisions if they meet specific criteria.  (Rule 1206(e)(5)(iii) allows owners to submit notifications and get them approved by the District prior to the close of business the next working day after the start of any emergency renovation.)

All notifications must be completed on approved forms with all required information, and must be submitted with required fees.

All information should be included in the Notice of Intention form because failure to do so could result in the issuance of a Notice Of Violation and fines.

Procedures for Asbestos Emission Control 

Each owner or operator of a renovation to which this rule applies shall remove all RACM from a facility being renovated before starting any activity that would break up, dislodge, or similarly disturb the material or preclude access to the material for subsequent removal.

In summary:

1. If an owner or HOA is planning work in a condominium community containing more than 4 units, the area(s) where the work will be performed must be tested, regardless of the age of the building, if the renovation involves at least 100 square feet or 20 cubic feet of RACM [NOTE-the 100 square feet/20 cubic feet of RACM is not determined on a project-by- project basis, but during a consecutive 365 day period].
2. A copy of the survey must be maintained onsite and/or provided to the APCD upon request.
3. Prior to performing any work, the entity with control over the renovation is required to file a Notice of Intention form and the required fees with the APCD at least ten (10) working days prior to the commencement of work.
4. The owner or operator of the area where the renovation is being performed is required to remove all RACM before performing any work that would break up, dislodge, or disturb the RACM.