1. (a) Except as provided in (e) and (f), below, prior to undertaking any demolition or renovation of any facility, the owner or operator shall provide for an inspection, as required by 40 CFR 61.145(a) and 29 CFR 1926.1101(k)(2)(i), by an asbestos inspector of the affected portion(s) of the facility for the presence of ACM.
2. (b) The owner or operator shall ensure that the inspection required by (a), above, meets the requirements of (c), below.

3. (c) The inspection required by (a), above, shall be valid only if:

   1. (1) A written report summarizing the inspection findings is created and available as specified in (d)(3), (d)(4) and (h)(3); and
   2. (2) All samples are collected and analyzed, as specified in (d)(2), below.

4. (d) The asbestos inspector shall:

   1. (1) Conduct the inspection required by (a), above, in accordance with the requirements of (c), above;

   2. (2) Have all samples, other than those samples assumed to be asbestos, from an inspection:

      1. a. Collected in accordance with 40 CFR 763.86; and
      2. b. Analyzed by an asbestos analysis service which meets the criteria set forth in Env-A 1813;
   3. (3) Create a written inspection report including the type, category, condition, amount, and location of ACM;
   4. (4) Retain a copy of the inspection report for 5 years after the date the inspection was completed; and
   5. (5) Submit to the department a copy of the inspection report within 3 business days of a request by the department.

5. (e) If a state or local government agency declares a facility or portion of a facility structurally unsound or in danger of imminent collapse, the requirement to conduct an inspection pursuant to (a), above, and to remove all asbestos prior to demolition pursuant to Env-A 1809.01, shall not apply if the owner or operator:

   1. (1) Submits to the department a notification and documentation, as specified in Env-A 1806.05(e), from the state or local government agency that the facility was determined to be structurally unsound and in danger of imminent collapse; and
   2. (2) Presumes that the facility contains asbestos and complies with all other applicable requirements of Env-A 1805 through Env-A 1812.
6. (f) For a renovation or demolition of a structure having 4 or fewer units, the owner or operator shall not be required to conduct an inspection pursuant to (a), above, if the facility component to be impacted by the renovation or demolition only includes materials made solely of wood, stone, fiberglass, glass, plastic, metal, foam, or rubber.
7. (g) For a demolition or renovation involving asbestos abatement, the owner or operator shall comply with the recordkeeping requirements specified in Env-A 1805.

8. (h) For a demolition or renovation not involving asbestos abatement, the owner or operator shall:

   1. (1) Keep the inspection report, in paper or electronic format, on-site and readily available for review for the duration of the demolition or renovation activities;
   2. (2) Retain the inspection report for 5 years after completion of the demolition or renovation; and
   3. (3) Submit to the department a copy of the inspection report within 3 business days of a request by the department.

Source. (See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34