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What Are The Rules?


Under federal Occupational Safety and Health Administration (OSHA) asbestos standards,   etc.) are all presumed to contain asbestos in buildings built before 1981. That means these items should be considered to contain asbestos unless there is testing or documentation to prove otherwise.


Unit owners who plan to or are engaging in construction, renovation or demolition activities within the condominium must comply with Regulation III, Section 4 of the Puget Sound Clean Air Agency (PSCAA). This obligation indeed extends to all entities and individuals involved in such activities. The PSCAA is the governmental entity that enforces the Regulation, which imposes the following legal responsibilities:


Survey:


A renovating owner must hire an accredited Asbestos Hazard Emergency Response Act (AHERA) building inspector to conduct an assessment of presumed asbestos materials or any other suspected materials before  materials. Such assessment is not required if a material is presumed to contain asbestos and is handled as asbestos.


Manufacturer or construction records may be used if a lack of asbestos content was documented when the material was installed. Previous surveys and abatement records may also be used, if they cover the current work area. Inspections must cover any material expected to be contacted or disturbed during work. Materials in other areas of the building or those that will remain inaccessible during work do not need to be assessed.


 may determine that a suspect material   located by conducting an internet search of  testing Seattle” or similar search terms. An Asbestos Survey Guidance Form is available on the PSCAA website.


Notice to Contractor/Workers:


Remodeling owners must ensure that the following is either posted at the work site or communicated in writing to all individuals who are involved in the work or


who may otherwise be in the work area: 1) A determination that there are no suspect materials in the work area, if that is the case.


2) A summary of the results of the asbestos survey.


Notice to PSCAA:


Before performing any work on an asbestos project, a remodeling owner must submit   any additional information requested by  submission must comply with the waiting period and fee requirements of Section  must be submitted on approval forms through the PSCAA website. Details of and exceptions to this notice requirement are set forth in Section 4.03(a) of the Regulation. Changes to the asbestos project must be reported to the PSCAA.


Asbestos Removal:


If asbestos materials must be disturbed  Contractor must handle the materials. That contractor must comply with any and all laws concerning the removal of  those set forth in Sections 4.05(b) and (c) of the Regulation. That contractor also must comply with any and all laws  containing waste material, including Section 4.07 of the Regulation.


Adopting Asbestos Policies


Condominium associations may consider adopting asbestos policies to help promote compliance with applicable asbestos laws. Doing so may reduce the risk of asbestos exposure and the likelihood that the  with a unit-owner remodel.


A policy may, among other things:  Require owners to provide the association with copies of all documents posted on site and/or sent to the PSCAA for record-keeping purposes.


 Put owners on notice that the association may require any remodeling owner to stop work immediately for failure to comply with applicable asbestos laws.


  that applies if an owner fails to comply with applicable asbestos laws, or fails to stop work as directed by the association or PSCAA, while making clear that  


 Reserve the association’s right to enter any involved unit or limited common element and take action to remediate any issues concerning the disturbance of asbestos to the extent appropriate in the reasonable discretion of the board to preserve the premises and the health and safety of its occupants.


 Reserve the right to charge back to the remodeling owner the cost of all attorneys’ fees and other costs incurred by the association in connection with a failure to comply with applicable asbestos laws or an asbestos disturbance. This may include, for example, any costs incurred by the association, including project management costs, for asbestos abatement associated with the unit remodel.


The terms of an asbestos policy will vary based on the language of each individual condominium community’s governing documents. Language about asbestos may also be incorporated into remodeling rules.


For more information about compliance with asbestos requirements in the context of a unit remodel, visit the PSCAA’s website at: www.pscleanair.gov and select the “Asbestos” link. That link will also provide access to the applicable forms.


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