Asbestos Renovations and Demolition Operations
New Rule 1206 adopted on 11/15/17
The San Diego Air Pollution Control District is the local agency responsible for enforcing the rules and regulations for asbestos removal and demolition operations.
Asbestos occurs naturally in the environment around the world, including Central and Northern California. The term asbestos refers to several varieties of mineral fibers that are mined and processed for commercial uses around the world. Because asbestos fibers are microscopic, lightweight, and are extremely resistant to heat and chemicals, asbestos became a valued building material throughout the 1900s. It has been used extensively in insulation products and for providing fire resistance to buildings. After the late 1970s, asbestos became widely recognized as a serious health hazard.
District Rules that Apply to Asbestos Removal and Demolitions
Other Local Regulatory Agencies
County of San Diego Department of Environmental Health (DEH)http://www.sdcounty.ca.gov/deh/
CA State Regulatory Agencies
Department of Toxic Substances Control (DTSC) http://www.dtsc.ca.gov
California Occupational Safety and Health (Cal-OSHA) http://www.osha.gov/SLTC/asbestos/index.html
Contractors State Licensing Board (CSLB) http://www.cslb.ca.gov
California Air Resources Board http://www.arb.ca.gov/enf/asbestos/asbestos.htm
Federal Regulatory Agencies
Environmental Protection Agency (EPA) http://www2.epa.gov/enforcement
Department of Labor (DOL) http://www.dol.gov/
Department of Health and Human Services (DHHS) http://www.hhs.gov/
Department of Transportation (DOT) http://www.dot.gov/
Regulated Asbestos-Containing Material (RACM)
The term Regulated Asbestos-Containing Material (RACM) refers to materials containing more than one percent asbestos and asbestos that is either friable (can be crumbled, pulverized, or reduced to powder by hand pressure), or non-friable materials in poor condition or that have become or are likely to become friable (airborne) through the use of tools, work practices, or the forces expected to act on the materials in the course of demolition or renovation operations.
A Facility or "Regulated Structure"
The term "Facility" is referenced many times in District Rule 1206 detailing which structures are regulated. As defined in District Rule 1206, a "Facility" is:
“any institutional, commercial, public, industrial or residential structure, installation, or building (including any structure, installation, or building containing condominiums or individual dwelling units operated as a residential cooperative, but excluding residential buildings having four or fewer dwelling units); any ship; and any asbestos containing waste materials disposal site.”
Any structure subject to the Rule 1206 continues to be regulated under the Rule even if the use or function of that structure changes. Regulated structures include government buildings, residential facilities, buildings demolished for fire training, and buildings demolished for urban renewal projects.
Regulation of Residential Facilities
A regulated residential facility is 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.
Asbestos Removal Practices at Condominiums and Apartments is a District compliance advisory that highlights residential facilities. These requirements also apply to other commercial, institutional, and industrial facilities.
Facility Survey Requirements
Prior to commencement of renovation or demolition operations and prior to submitting the notifications required by Section (e) of Rule 1206, a facility survey shall be performed to determine the presence or absence of ACM, regardless of the age of the facility.
Please review section (d) of Rule 1206 for all survey requirements.
Persons conducting facility surveys shall have taken and passed a current EPA-approved Building Inspector Course.
A complete copy of the facility survey shall be maintained onsite for the duration of the renovation and/or demolition operation, and shall be made available to the District upon request.
Demolition vs. Renovation at a Facility
"Demolition" and "Renovation" are defined in District Rule 1206 and differ from some building department definitions.
You demolish a facility when you remove or wreck any load-supporting structural member of that facility or perform any related handling operations. You also "demolish" a facility when you burn it.
You renovate a facility when you alter any part of that facility in any other manner. Renovation includes stripping or removing asbestos from the facility.
A Hazardous Materials Questionnaire may be required prior to applying for a building permit from your local agency.
Applicability of Asbestos Regulations During Renovation Projects
Rule 1206 must be followed 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 collectively, during any consecutive 365 days, add up to the amounts listed above, these renovations are subject to Rule 1206.
Applicability of Asbestos Regulations During Demolition Projects
All facility demolitions require notification of the appropriate regulatory agency, even if no asbestos is present at the site. All demolitions and renovations are "subject" to the Asbestos Rule insofar as owners and operators must conduct a survey to determine if and how much asbestos is present at the site. Asbestos that is regulated or that may become regulated during the demolition, is required to be removed prior to the demolition.
Notice of Intention Form for Asbestos Renovation or Demolition
An Asbestos Renovation or Demolition Notice of Intention form is required for anyone who has control over the:
Demolition of a facility. They are required to submit to the District a ten working-day advance written notification, whether or not any asbestos was identified in the pre-project survey.
Renovation of facilities involving at least 100 square feet or 20 cubic feet of RACM. They are required to submit to the District a ten working-day advance written notification.
Certain emergency demolitions or emergency renovations may be eligible for expedited notification provisions provided they qualify by meeting specific criteria.
All notifications must be completed on approved forms with all required information, and must be submitted with required fees.
In San Diego County, notify the County of San Diego Air Pollution Control District for demolition or renovation operations subject to the Asbestos Rule by mailing or hand-delivering the notification form to the District at 10124 Old Grove Rd, San Diego, CA 92131 or email. The notification must be postmarked or delivered at least ten working days before demolition, asbestos stripping, removal work or any other activity begins (such as site preparation that would break up, dislodge or similarly disturb asbestos material).
In order for the notification to be considered valid appropriate fees must be included with all submitted notifications and revisions within one working day of the effective date of the notification. The notification fees for demolitions and asbestos renovations are listed in District Rule 40, Section (f)(2). The District now accepts all major credit cards, including Visa, MasterCard, American Express and Discover with a 2.2% service fee. For those paying by credit card, notifications can be faxed to (858) 586-2651.
See the Frequently Asked Questions(FAQs) for additional information.
This information is intended to assist contractors, builder owners and/or their agents to understand the requirements of the notifications and to prevent inadvertent violations and penalties.
- Do I need to Conduct A Survey For A New Building?
Yes, prior to commencement of renovation or demolition operations and prior to submitting the notifications required by Section (e) of Rule 1206, a facility survey shall be performed to determine the presence or absence of ACM, regardless of the age of the facility.
- When Can I Begin My Asbestos Removal or Demolition Project?
You must start on the date stated on the notification. You do not need to wait for an inspector to start work you can start at any time on the date stated in the notification.
The start date of a demolition operation is the first day that a load bearing structural member of a facility is wrecked or taken out, including the intentional burning of a facility, along with any related handling operations.
The Start Date for a renovation operation is the first date that RACM is removed or when operations or site preparation work begins that would break up, dislodge, or similarly disturb RACM.
- If I Cannot Start My Project on the Start Date What Should I Do?
If you cannot start on the date on the notification you must contact the District as soon as possible and prior to the original start date. You can send in a change in start date notification by email firstname.lastname@example.org, in person to our office at 10124 Old Grove Road. The fee to change the start date is $44, payable by cash, check or credit card. A 2.2% service fee is charged for credit card transactions.
If you need to revise your revised start date(s) the same requirements stated above apply.
- What Happens if My Notification “Expires”?
Notifications for renovation and demolition projects shall expire within 365 days from the effective date of the original notification. If a renovation or demolition project is to exceed 365 days, a new notification must be submitted to the District no later than 10 working days prior to expiration, in accordance with Rule 1206.
- What Information Should I Keep on My Project Site?
Keep a copy of the notification and any revisions, asbestos survey, training certificates as applicable.
- Where Do I Send My Notifications?
All notifications must be accompanied by the appropriate fees in order to be accepted. You can mail your notification to 10124 Old Grove Road, San Diego CA 92131. If paying by credit card you can email your notification to email@example.com or by fax at 858-586-2651.
If you have any questions please contact the Compliance Division at 858-586-2650 and ask for the inspector on duty.
- Where Can I Find the Rule 1206 Workshop Reports?
For more information on facility descriptions/exemptions, please contact the Compliance Division at (858) 586-2650 or firstname.lastname@example.org.
You can mail your completed notifications to:
Air Pollution Control District
10124 Old Grove Road
San Diego, CA 92131
If paying by credit card (AmEx, Discover, Visa, MC) email.