Who is Impacted?
Under the new rule, most properties are impacted. The District defines regulated structures, namely residential facilities, as any building, condominium, or apartment that contains more than four dwelling units.
Additionally, a group of buildings located on the same property, managed by a common entity, falls under the rules. This means a single family home with a granny flat or duplex in the back is considered a regulated residential facility.
What is Required of a Property Owner/
A facility survey must be conducted prior to renovation or demolition of 100 square feet or more in 365 days or one calendar year, and prior to submitting a "Notice of Intention Form" to the APCD. 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.
Read Rule 1206 in its entirety.
*Please note: These regulations apply regardless of property/building age.
Read the Compliance Advisory for Asbestos Removal Practices at Condominiums and Apartments.
A Notice of Intention form for renovation or demolition must be submitted to the APCD along with fees. The notice must be postmarked or delivered 10 days before any work begins.
Fees are outlined in District Rule 40, beginning on Page 12.
Here is a summary:
1. Renovation Operations (excluding residential buildings having four or fewer dwelling units):
≥100 sq. ft. to 500 sq. ft. = $451
501 to 2,000 sq. ft. = $529
2,001 to 5,000 sq. ft. = $609
5,001 to 10,000 sq. ft. = $671
>10,000 sq. ft. = $746
2. Planned (Annual) Renovation Operations (add to appropriate renovation operation fee listed above) = $90
3. Emergency Renovation Operations (add to appropriate renovation operation fee listed above) = $90
4. Demolition Operations: Regulated Asbestos Containing Material (RACM) sites or Non-RACM sites or sites with no asbestos present =
5. Emergency Demolition Operations (add to demolition operation fee listed above) = $90
6. Revised Notification Fee for Renovations, Demolitions, Planned Renovations, and Emergency Operations (NOTE: a revision is defined as a change in the original start date or when the amount of asbestos changes by greater than or equal to 20%.) = $44
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 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.
Emergency Renovation or Emergency Demolition notifications shall be submitted and approved by the District prior to the close of business of the next working day after the start of any emergency renovation or emergency demolition.
The following situations are defined in Rule 1206 as emergencies:
“Emergency Renovation Operation” means an unplanned renovation operation resulting from a sudden, unexpected event that, if not immediately attended to, presents a safety or public health hazard. This includes, but is not limited to:
(i) Renovations due to fire, water, or earthquake damage; or
(ii) An unanticipated discovery of RACM during renovation, demolition, or construction activity; or
(iii) The conversion of previously nonfriable asbestos containing material to friable material during the course of a renovation; or
(iv) Operations necessary to protect equipment from damage.
Section (b)(1)(i) of Rule 1206 states that survey requirements do not apply to a facility when:
A survey is required if a plumber needs to disturb 100 square feet or more of building materials in order to repair a leak or if the building materials disturbed by the plumber push the total amount of building materials disturbed at the facility during any consecutive 365 day period to 100 square feet or more.
More information can be found on the Air Pollution Control District website, including frequently asked questions.
The APCD offers a free monthly asbestos training class. It is approximately 3-4 hours long and will cover asbestos requirements in detail. If you are interested in attending please contact firstname.lastname@example.org.
For more information on facility descriptions/exemptions, please contact the Compliance Division at (858) 586-2650 or email@example.com.
This information is intended as a guide and is not a full explanation of all laws applicable to asbestos. You are encouraged to contact the San Diego County Air Pollution Control District with any specific questions, and/or contact an SDCAA Supplier member for your testing and renovation/demolition needs.