Steve Welty

Issue# 10

July 2024

Dealing with asbestos is one of the most stressful challenges for housing providers. We often get asbestos abatement issues that come up and educating owners on the laws is an challenging part of our job.

Mismanagement can put your tenant and property at risk. It's important to be aware of the relevant asbestos laws with regards to rehabbing and repairing your property.

I'm going to unpack what asbestos is, where it comes into play most commonly for housing providers, and how to properly handle it to limit your risk and protect your tenants.

What is Asbestos?

Asbestos is a naturally occurring mineral renowned for its durability and resistance to heat and chemicals, making it a popular choice in building materials. However, exposure to asbestos fibers can cause serious health issues.

Asbestos is a concern for properties built pre 1981, however some experts use 1985 or up to 1989 as a threshold for testing.

Fun Fact

The state rock of California is asbestos. Well not really, it’s serpentine, which is a metamorphic rock that can contain chrysotile asbestos, which is the most common form of asbestos.

Asbestos is harmful, now what?

For decades, the government, schools, property managers, and homeowners have adopted "Manage in Place" strategies to control asbestos problems. This means if the material is undisturbed or undamaged, it's not necessary to remove it. Asbestos materials are often adequately contained within walls or covered by sealants. However, unexpected events such as floods, fires, or mishandled home improvement projects can release asbestos fibers into the air. This contaminates the environment and presents a danger to occupants.

Regulations on Asbestos Handling

Cal/OSHA Standards: Any disturbance of Asbestos-Containing Material (ACM) must be conducted by trained and certified individuals.

Threshold Limits: Minor disturbances (under 100 square feet) may have more lenient requirements, but interpretation and local regulations vary.

Emergency Repairs

When you get a water leak or have another situation where you need to disturb drywall or demo material where asbestos may be present, and your home is build before 1985 in most cases, you are required to test for asbestos. In true emergencies, immediate repairs without prior asbestos testing are sometimes allowed.

Plumbers and Asbestos Abatement

Plumbers typically do not perform asbestos abatement unless certified. Asbestos abatement professionals must handle and remove ACM in accordance with strict regulations.

Common Scenario

You discover a water leak in the wall of a a pre-1985 house and the plumber needs to cut into the wall to make a repair. The plumber might:

Make the Repair Without Testing: If it’s an emergency (delaying the repair would cause significant damage or health risks) and disturbs 10 square feet or less of material, they may proceed without immediate testing. However most plumbers will not cut drywall without an asbestos test.
Require Asbestos Testing: If it’s not an emergency or involves more than 10 square feet, testing is needed first.

In the first scenario, homeowners often fail to comply with the law, putting themselves at risk. Even if the repair qualifies as an emergency, proper asbestos handling and disposal procedures should be followed.

Asbestos regulation falls under two main authorities:

Local Air Quality Governing Bodies: These include AQMD (covering Orange County, Riverside, LA, and San Bernardino) and APCD (covering San Diego).
OSHA: The Occupational Safety and Health Administration oversees workplace safety standards, including the handling and removal of asbestos. If you are the homeowner doing work on your own property this Agency is less of a concern, but they govern businesses like contractors and property managers.

Regulatory Overview:

San Diego APCD Rule 1206: This rule applies to buildings with five or more units. It requires asbestos testing before any renovation or demolition, regardless of the building’s age.
AQMD Rule 1403: Housing providers must conduct an asbestos survey before starting any repair or renovation work to identify asbestos-containing materials (ACM)
Cal/OSHA Regulations: These regulations enforce strict handling procedures for asbestos. Only certified professionals are allowed to conduct asbestos-related work to ensure safety and compliance.

Important Point

Even if your property is exempt from San Diego APCD Rule 1206, you must still comply with Cal/OSHA regulations for asbestos handling. Testing is crucial. Non-compliance can result in significant fines and legal trouble if a tenant files a complaint.

Single-Family Home Exemption

APCD Rule 1206 does not apply to single-family homes unless they have a granny flat; it only covers buildings with five or more units. In pre-1980 single-family homes, plumbers might perform emergency repairs, but they must follow OSHA guidelines, including safety steps as:

Containing the area

Wearing PPE
Wetting the material to limit dust
Sealing the cavity after repairs
Properly bagging, sealing, and testing the material

If asbestos is present, it must be disposed of according to Cal/OSHA and EPA regulations. Always test for asbestos before any repairs, or immediately after emergency repairs.

Practical Guidance

Immediate Steps for Leaks:

Ensure the area is safe and limit exposure to suspected asbestos materials.
Contact a certified asbestos professional for a survey if more than 100 square feet of material is disturbed.
If you have to take any emergency steps, document the situation, noting urgency and risks

Communicating with Owners and Tenants:

Frustrations often arise when repairs cannot be completed immediately due to the required asbestos testing, which can take 1-3 days.

Clearly explain legal and safety requirements.
Provide information about Rule 1206 and the need for asbestos testing and abatement.
Keep all parties informed about the repair timeline and safety steps.

Using Certified Professionals: