| (a) Public building owner responsibilities.
(1) The public building owner is responsible for compliance
with this chapter in relation to the presence, condition, disturbance,
renovation, demolition, and disposal of any ACBM and ACWM that is
encountered in the construction, operations, maintenance, or furnishing
of that public building, including when the building is under management
by others.
(2) Before operations and maintenance, renovation,
or demolition, the public building owner is required to have an asbestos
survey performed, identify the presence of asbestos, and have ACBM
that may be disturbed by the operations and maintenance, renovation,
or demolition activity abated, as required in this chapter.
(3) The public building owner must fulfill the following
obligations, either personally or through the building owner's authorized
representative, including when the building is under management by
others:
(A) inform anyone who performs any type of construction,
maintenance, installation, repairs, custodial services, renovation,
or demolition work in the owner's building of:
(i) the presence and location of ACBM before the start
of any asbestos-related activity;
(ii) that the ACBM could be disturbed or dislodged
by those activities; and
(iii) that the person conducting those activities must
arrange for proper handling of ACBM and ACWM;
(B) hire or otherwise permit only a person holding
the required license to perform asbestos-related activity in the building;
(C) require each person described under subparagraph
(B) of this paragraph to comply with all applicable requirements of
this chapter;
(D) ensure compliance with this chapter during periods
of vacancy; and
(E) confirm that the regulated area meets the clearance
level of 0.01 f/cc before reoccupancy of that area.
(4) The building owner or the building owner's authorized
representative may provide the information described in paragraph
(3) of this subsection in writing or through documented oral communication.
(b) Commercial building owner responsibilities. The
commercial building owner is responsible for compliance with this
chapter in relation to the presence, condition, disturbance, renovation,
demolition, and disposal of any asbestos that is encountered in the
construction, operations, maintenance, or furnishing of that commercial
building, including when the building is under management by others.
Before operations and maintenance, renovation, or demolition, the
commercial building owner is required to have a thorough inspection
performed, identify the presence of asbestos, and have the RACM that
may be disturbed by the operations and maintenance, renovation, or
demolition activity abated in accordance with NESHAP. The commercial
building owner must also ensure compliance with this chapter during
periods of building vacancy.
(c) Facility owner responsibilities. The facility owner
is responsible for compliance with this chapter in relation to the
presence, condition, disturbance, renovation, demolition, and disposal
of any asbestos that is encountered in the construction, operations,
maintenance, or furnishing of that facility, including when the facility
is under management by others. Before operations and maintenance,
renovation, or demolition, the facility owner is required to have
a thorough inspection performed, identify the presence of asbestos,
and have the RACM that may be disturbed by the operations and maintenance,
renovation, or demolition activity abated in accordance with NESHAP.
The facility owner must also ensure compliance with NESHAP during
periods of vacancy.
(d) Mandatory survey for ACBM before renovation or
demolition.
(1) Before any renovation or dismantling outside of
or within a public building, commercial building, or facility, including
preparations for partial or complete demolition, the owner must have
an asbestos survey performed.
(2) The work area and all immediately surrounding areas
that could foreseeably be disturbed by the actions necessary to perform
the project must be thoroughly surveyed and, as applicable, sampled
before renovation or demolition.
(3) A copy of the asbestos survey report that includes
the contents described in §296.21(93) of this chapter (relating
to Definitions), as applicable, must be produced upon request by DSHS
within 10 working days after the request.
(4) A building may be demolished with RACM in place
if a state or local government orders the demolition because the building
is structurally unsound and in danger of imminent collapse, as determined
by a professional engineer or a city, county, or state government
official who is qualified to make that decision.
(A) The owner must maintain documentation of such order.
(B) If an owner is unable to obtain a survey because
the building is structurally unsound and unsafe to enter, and the
owner is unable to obtain an order for demolition and has a letter
from a professional engineer stating the building is structurally
unsound and in danger of imminent collapse, the owner may contact
DSHS to request a waiver from the survey requirement. Documentation
supporting the inability to obtain an order must be submitted with
the request.
(C) If a survey cannot be performed before demolition
starts due to the building being structurally unsound and unsafe to
enter, all suspect material must be treated as RACM, in accordance
with NESHAP requirements in 40 CFR §61.141 (relating to Definitions), §61.145(a)(3)
and (c)(4) - (9) (relating to Standards for demolition and renovation),
and §61.150(a)(3) (relating to Standard for waste disposal for
manufacturing, fabricating, demolition, renovation, and spraying operations).
(5) Without otherwise limiting the scope of an asbestos
survey, each survey for a public building must treat any building
material listed in subsection (o)(2) of this section as suspect ACBM
and include all such materials in the asbestos survey if the materials
could foreseeably be disturbed during the renovation or demolition
activities.
(6) In a public building, the mandatory survey requirement
must be met in one of the following two ways.
(A) A person appropriately licensed as required in
this chapter and the Act performs a survey which conforms to generally
accepted industry standards, such as the AHERA requirements specified
in 40 CFR Part 763, Subpart E (relating to Asbestos-Containing Materials
in Schools), §§763.85 - 763.88, the required method for
schools. The licensee must prepare a survey report that includes the
contents described in §296.21(93) of this chapter. To demonstrate
that there is no ACBM, the licensed individual must collect a minimum
of three samples from each suspect homogeneous area.
(B) A Texas-registered architect or a Texas-licensed
professional engineer certifies that the architect or engineer has
compiled and reviewed the information from MSDSs and SDSs of the materials
used in the original construction of the building and the renovations
or alterations of all parts of the building affected by the planned
renovation or demolition, matches the MSDSs and SDSs to materials
on-site, reviews any asbestos survey reports of the building previously
conducted as required at the time of the survey, and certifies that
in the architect's or engineer's professional opinion, no part of
the building, including the building materials, affected by the planned
renovation or demolition contain asbestos. This certification must
also clearly identify the name of the building, the street address
and specific area of the building that applies to the certification,
the survey report date of each previous asbestos survey report reviewed,
whether the relevant work was new construction or renovation, and
the specific dates of completion of all original construction and
renovations or alterations that apply to the certification. A Texas-registered
architect must prepare this certification in accordance with the rules
of professional conduct in 22 TAC Chapter 1. A Texas-licensed professional
engineer must prepare this certification in accordance with the rules
of professional conduct in 22 TAC Chapter 137. A complaint that a
certification was not performed as required in this paragraph will
be referred to the Texas licensing boards or another government agency
with jurisdiction over the complaint as needed. A building owner that
meets the mandatory survey requirement, as described in this subparagraph,
must keep the certification, copies of the MSDSs or SDSs or both,
and any previous asbestos surveys as required in §296.291(j)
of this chapter (relating to Recordkeeping) that were reviewed by
the architect or engineer. A certification prepared as described in
this paragraph does not meet the OSHA or NESHAP requirement for an
asbestos survey.
(7) In a commercial building, an accredited inspector
who has completed the MAP inspector training may perform the asbestos
survey.
Cont'd... |
