SCAQMD Rule 1403

Popcorn ceiling was slightly disturbed during a retrofit, or water damage, or by a plumber. After sampling the ceiling by a Certified Asbestos Consultant, the ceiling was found to contain 5% Chrysotile Asbestos content.  This in turn puts the contractor in a bad predicament.  Note the Rule 1403 doesnt specify how much asbestos needs to be disturbed to make this a "Procedure 5" clean up procedure.

Before you start to remodel your home or your demolition, many cities require you to get a demolition survey. What is a demolition survey? 

SCAQMD requires a CAC Certified Asbestos Consultant to go to the property and test all the suspect materials to see if they have asbestos and at what quantities.  The laboratory performing the analysis must be NVLAP certified. After the analysis is performed and the correct number of samples of each item is documented and tested, the results are put in to a report or a survey. The survey is then submitted to the SCAQMD along with your city request for demolition or remodel. 

  If you don't perform a test, and the AQMD finds out possible asbestos containing materials were disturbed, it goes very badly for the Owner, the workers, and the company owner will receive a "Notice to Comply" letter. 

  If asbestos materials are disturbed, you will now also need to have a "Procedure 5" report written up addressing the air borne fiber release episode and how to clean this up.  

  For prices on a demolition survey, a procedure 5 report, or any type of asbestos testing, please call us at 714-392-3766.

  Now performing asbestos testing in Los Angeles County, Orange County, Riverside County, and San Diego County. 

Please scroll down to see some of the common questions and answers from the SCAQMD website , as we have added some for your convenience. 

                               

·                                                       Frequently Asked Questions (PDF, 454kb)

Do I have to notify for a demolition if there is no asbestos?

YES

 All demolitions require notification to allow inspection and confirmation that there is no asbestos present in the building prior to demolition. See Rule 1403 (d)(1)(B)

 

 

Do I have to notify for a demolition if I “know” or believe there is no asbestos?

YES

Although you may think the building is asbestos-free Rule 1403 (d)(1)(A) requires an asbestos survey report prior to demolition to determine and verify the absence or presence of asbestos

 

Can anybody remove asbestos from a building if there is less than 100 square feet of asbestos present?

NO

 Only asbestos removal contractors listed at The Cal-OSHA Asbestos Registration are allowed to remove asbestos in the State of California.

 

I am a contractor; can I remove asbestos if it is under 100 Sq Ft?

NO

Only asbestos removal contractors listed at The Cal-OSHA Asbestos Registration are allowed to remove asbestos in the State of California.

 

Do I have to remove non-friable asbestos before I can demolish a building?

YES

 It is required to remove ALL the asbestos prior to demolition to prevent non-friable materials being rendered friable during the demolition.

 

The Building and Safety Department told me I need to call you regarding the demolition permit. Is this true?

YES

California Health and Safety Code 19827.5 prohibit cities to issue a demolition permit until you provide the city with a copy of the demolition notification you submitted to SCAQMD.

 

Was the use of asbestos banned?

What year they banned asbestos?

My house was built in the 1980s or later and I know it has no asbestos.

NO

The EPA announced a phased-in ban of most asbestos products, but it was never implemented.

Asbestos has not been banned and still in use in other countries. However, in the USA insurance, finance and litigation has practically prevented the use of asbestos.

Regardless of the date of the building construction, and because of potential unknown renovations Rule 1403 (d)(1)(A) requires an asbestos survey report prior to demolition to determine and verify the absence or presence of asbestos

 

 

 

Do I need to have a survey prior to any demolition or renovation?

Do I need to have a survey before I send a notification to SCAQMD?

YES

An asbestos survey report is required prior to any demolition and renovation. See Rule 1403 (d)(1)(A)

 

 

 

Are homeowners required to file a Notification Form?

YES

Only when the homeowner is performing the house demolition work himself and has not hired* a contractor

 

NOTE: An asbestos survey report and asbestos removal is required prior to any demolition and other Rule 1403 requirements apply. *Whenever a contractor participates in the demolition work, the contractor must submit a Demolition Notification.

 

 

I am a homeowner renovating my house, can I remove the asbestos myself from my house?

YES

 But only if you are the legal owner and a permanent resident of this house, and you are personally performing the asbestos removal (not employing a contractor or laborer, and not being help by friends, family or anyone else). See Rule 1403 (j)(9)

 

Due to health hazards and hazardous waste disposal requirements the SCAQMD does not recommend that homeowners remove asbestos.

NOTE: Rule 1403 (f) requirements apply for asbestos waste disposal.
 

                                         EPA Frequently Asked Questions

 Since asbestos was banned, do I need to be worried about products on the market today containing asbestos?

On July 12, 1989, the EPA issued a final rule under Section 6 of the Toxic Substances Control Act (TSCA) banning most asbestos-containing products in the United States. In 1991, the rule was vacated and

remanded by the Fifth Circuit Court of Appeals. As a result, most of the original ban on the manufacture, importation, processing, or distribution in commerce for most of the asbestos-containing product

categories originally covered in the 1989 final rule was overturned. Only the bans on corrugated paper, rollboard, commercial paper, specialty paper, and flooring felt and any new uses of asbestos remained

banned under the 1989 rule. Although most asbestos containing products can still legally be manufactured, imported, processed and distributed in the U.S., according to the U.S. Geological Survey, the

 production and use of asbestos has declined significantly.

                                                 FINDING ASBESTOS

 Does dry wall or sheet rock contain asbestos?

 

There is no way to know whether these materials contain asbestos without having them tested. If you are concerned those materials in your home may contain asbestos and the materials are damaged (frayed,

 falling apart) or if you are performing a renovation that will disturb the material, consult with a state accredited asbestos assessment/inspection firm.

                                          Asbestos Survey Report Requirements

To prevent the disturbance of asbestos containing materials (ACM) during building demolition and renovation activities, the SCAQMD asbestos Rule 1403 (PDF)(d)(1)(A) and the asbestos federal

regulation 40 CFR Part 763 - Asbestos require a PRIOR Asbestos Survey of a facility and its components performed by a Cal/OSHA Certified Asbestos Consultants (CAC).

Asbestos Survey Reports are required to be prepared by trained certified professionals without a conflict of interest in the demolition(s) or renovation project(s).  See the Business and Professions Code 

7180 (BP7180).  In California only Cal/OSHA Certified Asbestos Consultants are allowed to perform building asbestos surveys and sign Asbestos Survey Reports.  CACs performing asbestos surveys in

the SCAQMD air basin are subject to Rule 1403 requirements as site operators.  As part of the Cal-OSHA certification CACs are also authorized to prepare plan design, Rule 1403 Procedure 4 plans for

dry removals, and Procedure-5 Clean-Up Plan(s) (PDF, 99kb) for remediating associated disturbances of ACM.

Contractor

Per AQMD Rule 1403 (PDF)(a) "The purpose of this rule is to specify work practice requirements to limit asbestos emissions from building demolition and renovation activities, including the removal and

associated disturbance of asbestos-containing materials (ACM)."

Whether you are a general contractor, subcontractor or asbestos abatement contractor, AQMD Rule 1403 (PDF) is applicable to you if you perform any renovation and/or demolition activity, any clean-up

of associated disturbance of asbestos containing materials, own/operate any asbestos storage facility, or own/operate any asbestos waste disposal site.  As the site operator, you are subject to Rule 1403

requirements for the survey, notification, asbestos removal procedures, the handling and the disposal of ACM.

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