OVERVIEW
Most people have heard of asbestos, and most people have even seen the commercials for law firms looking for class action parties whose “loved ones suffer from mesothelioma.” At the same time, many people think that the dangers associated with asbestos are only relevant in older buildings. But that isn’t true.
Believe it or not, asbestos remains a trending topic in California—especially as it relates to HOAs, which often oversee large-scale renovation or remodeling projects.
WHAT IS ASBESTOS?
Asbestos is a naturally occurring mineral that has been widely used in various industries due to its fire-resistant properties, strength, and durability. However, medical professionals have known for decades that exposure to asbestos fibers can cause serious health problems, including lung cancer, mesothelioma, and asbestosis. Despite these risks, asbestos-containing materials (“ACMs”) remain in use in certain industries and can still be found in older buildings and structures.
Prior to 1989, many building construction materials contained ACMs—e.g., insulation, paint, patching compounds, roofing, vinyl flooring, hot water and steam pipes, furnace gaskets, and cement products. In 1989, the EPA instituted a partial ban on the manufacture, import, processing, and distributions of some ACMs, but not all of them (and California law has gone even further than federal law in that direction). Nevertheless, while federal law banned the use of asbestos in most building materials manufactured in the Unites States, it is still perfectly legal to import a number of products from other countries that contain ACMs, including those found in common construction materials (e.g., certain HVAC systems, ceiling and floor tiles, and certain types of flooring and carpet adhesives).
So, while most people know that many older buildings still contain ACMs, it is not so well known that a lot of newer buildings may also have ACMs.
WHAT IS RULE 1430 & WHY IS IT RELEVANT TO MY HOA?
The South Coast Air Quality Management District (SCAQMD) is responsible for ensuring that the air quality in Southern California is in compliance with state and federal air quality standards. One of the key tools used by the SCAQMD to achieve this goal is Rule 1403, which requires testing for ACMs prior to any renovation or demolition, regardless of when a structure was built.
Rule 1403 requires that any person who intends to demolish, renovate, or remodel a building or structure must conduct an asbestos survey to determine if ACMs are present. If ACMs are found, then the materials must be removed in accordance with state and federal regulations before the demolition, renovation, or remodeling can proceed. In particular, Rule 1403 requires the survey to be performed by a Cal/OSHA-certified inspector.
This rule is important because asbestos is a hazardous material that was commonly used in building construction before its health risks were widely understood. When asbestos-containing materials are disturbed during demolition, renovation, or remodeling, they can release asbestos fibers into the air. These fibers are extremely small and can remain airborne for long periods of time, posing a serious risk to public health. By requiring an asbestos survey before any demolition, renovation, or remodeling project, Rule 1403 helps to ensure that ACMs are identified and properly handled in a way that protects public health.
HOAs are often in charge of large-scale renovations or repairs—especially HOAs consisting of condominiums or townhomes. HOAs planning renovation or remodeling projects are required to comply with Rule 1430 by conducting an asbestos survey prior to the demolition. This survey must be conducted by a licensed asbestos consultant who will inspect the building for ACMs and take samples for laboratory analysis.
WHAT HAPPENS IF PROHIBITED LEVELS OF ASBESTOS ARE DETECTED?
If ACMs are found, the consultant will develop an asbestos abatement plan that outlines how the materials will be safely removed in accordance with state and federal regulations. Once the materials have been removed, a final clearance test will be conducted to ensure that the building is free of asbestos fibers and safe for demolition.
HOAs should also be aware that the disposal of asbestos-containing materials is regulated by the state of California, and must be handled in accordance with state and federal regulations. This may involve transporting the materials to a licensed disposal facility.
CONCLUDING THOUGHT
Asbestos is still present in our neighborhoods—even those built since the end of the 1980s. Rule 1430 is designed to protect the health of you and your neighbors during construction projects, including those in which your HOA is in charge. HOAs in California should be aware of Rule 1430 and ensure that they comply with its requirements by conducting an asbestos survey prior to any demolition project. By doing so, HOAs can help to protect public health and ensure that their projects are completed safely and in compliance with state and federal regulations.