The U.S. EPA has determined that it is the responsibility of the condominium board or association to ensure that all rules are followed. Condominiums are regulated by the Asbestos NESHAP
How do we know if we have asbestos?
An asbestos survey must be completed for all areas that are being renovated or demolished. The survey must be performed by a licensed asbestos consultant. It’s the law.
The Board (or residents) are planning renovation or demolition activity. Now what?
Here is a checklist that will help you comply with asbestos regulations and further protect your health:
- An asbestos survey must be performed prior to any activity affecting individual units or common areas, including exterior surfaces.
- Only a State of Florida licensed consultant can perform an asbestos survey.
- The asbestos survey must be kept on site during any renovation or demolition activity which disturbs building materials
- In most circumstances, only a State of Florida licensed asbestos contractor can perform asbestos removal.
- Send a written notification to Pinellas County 10 working days prior to asbestos removal or any demolition activity. This form can be found on the Pinellas County website
Because of serious health risks associated with asbestos exposure, the U.S. Environmental Protection Agency (EPA), the U.S. Department of Labor (OSHA), and the Florida Department of Business and Professional Regulation (DBPR) have established regulations, which apply to building renovation, and demolition activities. Renovations and demolitions at condominiums fall under these regulations.
- Please use this checklist as a preliminary guide to ensure that your condominium is in compliance with asbestos regulations.
- An asbestos survey must be completed prior to any renovation or demolition activity affecting the condominium common areas or within any individual condominium unit.
- Only a State of Florida licensed asbestos consultant can perform an asbestos survey
- The asbestos survey must be available on-site during all renovation activities.
- In most circumstances, only a State of Florida licensed asbestos contractor can perform asbestos removal.
- A written notification must be mailed, or delivered to the Pinellas County Air Quality Division ten (10) working days prior to asbestos removal and prior to any demolition activity.
As per the U.S. Environmental Protection Agency’s Applicability Determination Index for Condominiums, Co-ops and Lofts (Control Number C71):
“With regard to work in individual units, the responsibility should be on the condominium or co-op board to ensure that it is notified, in advance, when renovation or demolition involving asbestos will occur within a unit.”
Under EPA’s regulations it is the condominium association’s responsibility to ensure compliance with the Asbestos NESHAP rule. The condominium board is therefore responsible for communicating to each individual unit owner to establish that each unit owner acknowledges and understands their respective responsibility to comply with these rules.
Please be advised that failure to comply may result in commencement of civil action for and the assessment of civil and/or criminal penalties, and the judicial imposition of civil penalties up to $10,000 per violation/per day. Continuation of activities, which are in violation of existing regulations, can result in fines being levied for each and every day a violation takes place.
For assistance please contact: