§ 23-24.5-6 - Asbestos abatement plans.
SECTION 23-24.5-6
§ 23-24.5-6 Asbestos abatement plans.– (a) The owner of any public or private building containing friable asbestosmaterial in violation of this chapter, who shall within one hundred twenty(120) days of notice of the violation, file an abatement plan with the directorshall be relieved of liability for the violation during the abatement process.For buildings in the high and immediate priority group found by the director orthe director's agents to require abatement after inspection, the director shallnotify in writing in the case of public buildings the appropriate public agencyor elected, appointed, or employed official with jurisdiction over thebuilding; or in the case of a private building the owner or manager of thebuilding.
(b) That person or agency shall within one hundred twenty(120) days of the notice file an asbestos abatement plan with the director.This plan shall describe in detail the results of any asbestos detection testsperformed, a blueprint of the structure involved and a program designed to:
(i) Monitor the physical conditions of asbestos containingmaterials,
(ii) Educate the building staff and occupants regarding thepresence of asbestos,
(iii) Minimize the likelihood of fiber release, and
(iv) Minimize the potential of human exposure to asbestos.
(2) The plan should include a description of the remediesproposed, including but not limited to repair, enclosure or encapsulation,and/or removal, the process of selection and criteria for hiring licensedcontractors, a time schedule for completion, disposal location, and the levelof compliance with exposure and action criteria expected to be achieved.
(3) The requirement for filing an asbestos abatement planwith the director prior to the removal of any friable asbestos material shallbe waived whenever a public building, private building, or residence has beenordered demolished by a municipal building official in accordance with §23-27.3-125.5; provided that all friable asbestos material is removed from thebuilding prior to demolition by a licensed asbestos contractor following anasbestos abatement plan previously approved by the director specifically forthe demolition of unsafe structures. The director may require the filing of anydocumentation deemed necessary to insure that compliance with the act has beenmet.
(c) The director shall within ninety (90) days of submissionof a plan either approve, amend, or reject the plan of abatement.
(d) The director shall issue regulations establishingcriteria for the inspection of buildings, identification and evaluation ofasbestos hazard, the ranking of asbestos abatement, and the development ofabatement plans.
(e) The owner of any building failing to comply with an orderof abatement issued by the director after hearing shall be fined by thedirector an amount not exceeding two thousand five hundred dollars ($2,500) aday and/or having the area in violation subject to closure. No fine shall applyif access to the area is limited to individuals designated as competent personsfor the area or certified as consultants in accordance with rules orregulations promulgated pursuant to the authority conferred by this chapter.
(f) The director may assess fees for review of asbestosabatement plans submitted in accordance with rules or regulations promulgatedpursuant to the authority conferred by this section, provided that those feesare assessed only after procedures in accordance with chapter 35 of title 42have been followed.
(g) Any approval of an asbestos abatement plan issued inaccordance with rules or regulations promulgated pursuant to the authorityconferred by this section shall become invalid unless the work authorized bythat approval shall have been commenced within six (6) months after itsissuance; provided that, for cause, an extension of time for a period notexceeding ninety (90) days has not been granted. All extensions must be inwriting and signed by the director or his or her designee. For the purposes ofthis section, any approval issued shall not be considered invalid if thesuspension or abandonment is due to a court order prohibiting that work asauthorized by that approval.
(h) Notwithstanding any approval issued by the director inaccordance with rules or regulations promulgated pursuant to the authorityconferred by this section, all abatement activity performed in conjunction withan approved asbestos abatement plan must be in compliance with the most currentrevision of all applicable federal, state, and local regulations, unless thatapproval already requires compliance with a more restrictive standard.
(i) The director may revoke any approval issued in accordancewith rules or regulations promulgated pursuant to the authority conferred bythis section in the event that the granting of the approval was based uponstatements which prove to be false or based on misrepresentation of fact. Anyaggrieved party shall have the right to a hearing on this revocation. Therequest for a hearing shall be in writing and shall be made within ten (10)days of the decision.
(j) Except as otherwise provided in paragraph (b)(1)(iv), allrenovation and/or demolition activities involving asbestos containing material(ACM) shall be assumed to produce friable ACM and shall require departmentapproval of an asbestos abatement plan prior to undertaking this renovationand/or demolition activity.