Asbestos Regulations

There have been a number of instances where we have been told by insurance companies and building owners that contractors have taken asbestos samples, had them analyzed and then bid on the asbestos abatement work to be done. By Colorado Regulations it is a conflict of interest for the contractor themselves to take their own samples and do the work, it is prohibited.


DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
 Air Quality Control Commission
 REGULATION NUMBER 8 CONTROL OF HAZARDOUS AIR POLLUTANTS
5 CCR 1001-10

III. ABATEMENT, RENOVATION AND DEMOLITION PROJECTS
     III.A. INSPECTION
            III.A.1.e. To prevent any real or potential conflicts of interest, Building Inspectors identifying ACM must be independent of the GAC that will subsequently abate the ACM identified. Inspectors need not be independent of the GAC if both the Inspector and the licensed GAC are employees of the building owner. 


Colorado Regulation No. 8, Part B, Asbestos
 “100 Questions”

4. Must a certified AMS be certified as an asbestos building inspector to conduct a visual inspection? What if bulk sampling is required as a part of the visual inspection (i.e. soil)?
AMS certification is the only required credential for a person performing a final visual inspection for clearance of an abatement project. If, for whatever reason, bulk sampling is performed at any time, the person collecting the sample must be state-certified as an asbestos building inspector.

This determination stems from Regulation No. 8, Section III.B.2., which states the following:

“With respect to school buildings, public or commercial buildings and single-family residential dwellings, any individual who inspects any building for the presence of asbestos shall be certified as a Building Inspector in accordance with this regulation.”

In addition, Definition A.3. of the ASHARA defines “inspection” as follows:

“Inspection” means an activity undertaken in a school building, or a public and commercial building, to determine the presence or location, or to assess the condition of, friable or non-friable asbestos-containing building material (ACBM) or suspected ACBM, whether by visual or physical examination or by collecting samples of such material …The term does not include the following: a. Periodic surveillance … b. Inspections performed by employees or agents of Federal, State or local government solely for the purpose of determining compliance … c. visual inspections of the type described in 40 CFR 763.90(i) solely for the purpose of determining completion of response actions.

[First Posted: December 7, 2005. Revised: N/A]

5. Can an insurance adjuster or home inspector/appraiser collect bulk samples for ACM analysis?

Refer to the answer to Question #4, which says that the person collecting the sample must be state-certified as an asbestos building inspector.

Regulation No. 8, Section III.B.2., requires the following:

“With respect to school buildings, public or commercial buildings and single-family residential dwellings, any individual who inspects any building for the presence of asbestos shall be certified as a Building Inspector in accordance with this regulation.”

The ASHARA defines an inspection as follows:
“Inspection” means an activity undertaken … to assess the condition of, friable or non-friable asbestos-containing building material (ACBM) or suspected ACBM, whether by visual or physical examination or by collecting samples of such material …”

[First Posted: December 7, 2005. Revised: N/A]

Basic Asbestos Information

http://www.epa.gov/superfund/asbestos/compendium/basic_information.html