As used in this part 5, unless the context otherwise requires:
(1) (a) Area of public access means any building, facility, or property, or a portion thereof, that any member of the general public can enter or can be exposed to asbestos from the area. Area of public access includes a single-family residential dwelling and any facility that charges the general public a fee for admission, such as any theater or arena.
(b) Repealed.
(c) Notwithstanding the provisions of subsection (1)(a) of this section, a single family residential dwelling shall not be considered an area of public access for purposes of conducting asbestos abatement if the homeowner who resides in the single family dwelling that is the homeowner's primary residence requests, on a form provided by the division, that the single family dwelling not be considered an area of public access.
(2) Asbestos means asbestiform varieties of chrysotile, amosite, crocidolite, anthophyllite, tremolite, and actinolite.
(3) Asbestos abatement means any of the following:
(a) The wrecking or removal of structural members that contain friable asbestos-containing material;
(b) The following practices intended to prevent the escape of asbestos fibers into the atmosphere:
(I) Coating, binding, or resurfacing of walls, ceilings, pipes, or other structures for the purpose of minimizing friable asbestos-containing material from becoming airborne;
(II) Enclosing friable asbestos-containing material to make it inaccessible;
(III) Removal of friable asbestos-containing material from any pipe, duct, boiler, tank, reactor, furnace, or other structural member;
(IV) Conducting a major spill response.
(4) Commission means the air quality control commission created by section 25-7-104.
(5) Division means the division of administration in the department of public health and environment.
(5.5) Facility means any institutional, commercial, public, industrial, school, or residential structure; any installation; any building, including any structure, installation, or building containing condominiums or individual dwelling units operated as a residential cooperative; any ship; any railcar; and any active or inactive waste disposal site.
(6) Friable asbestos-containing material means any material that contains asbestos and when dry can be crumbled, pulverized, or reduced to powder by hand pressure and that contains more than one percent asbestos by weight, area, or volume. The term includes nonfriable forms of asbestos after such previously nonfriable material becomes damaged to the extent that when dry it can be crumbled, pulverized, or reduced to powder by hand pressure.
(7) Person means any individual, any public or private corporation, partnership, association, firm, trust, or estate, the state or any department, institution, or agency thereof, any municipal corporation, county, city and county, or other political subdivision of the state, or any other legal entity which is recognized by law as the subject of rights and duties.
(7.5) Project manager means a person who has satisfied the experience and academic training requirements set forth by the commission.
(8) (a) School means any institution that provides elementary or secondary education.
(b) and (c) Repealed.
(9) State-owned or state-leased buildings means structures occupied by any person which are either owned by the state or utilized by the state through leases of one year's duration or longer.
(10) Structural member means any beam, ceiling, floor, or wall.
(11) Trained supervisor means an individual certified by the division to supervise asbestos abatement pursuant to section 25-7-506.
Source: L. 87: Entire part R&RE, p. 1145, � 1, effective July 1. L. 88: (1) amended, p. 1016, � 2, effective June 11. L. 89: (8) amended, p. 1169, � 2, effective May 9. L. 94: (5), (8)(b), and (8)(c) amended, pp. 2787, 2702, �� 509, 258, effective July 1. L. 95: (7.5) added, p. 20, � 1, effective July 1. L. 2001: (1) and (6) amended, p. 772, � 4, effective June 1. L. 2005: (8)(c) repealed, p. 283, � 23, effective August 8. L. 2006: (1)(b) and (8)(b) repealed, p. 125, � 10, effective March 27. L. 2022: (1)(a) and (1)(c) amended and (3)(b)(IV) and (5.5) added, (HB 22-1232), ch. 362, p. 2592, � 4, effective August 10.
Editor's note: This section is similar to former � 25-7-502 as it existed prior to 1987.
Cross references: For the legislative declaration contained in the 1994 act amending subsections (5), (8)(b), and (8)(c), see section 1 of chapter 345, Session Laws of Colorado 1994.
25-7-503. Powers and duties of commission - rules - delegation of authority to division. (1) The commission has the following powers and duties:
(a) To promulgate rules pursuant to section 24-4-103 regarding the following, as are necessary to implement the provisions of this part 5:
(I) Performance standards and practices for asbestos abatement;
(II) (A) Determination of a maximum allowable asbestos level, which shall be the highest level of airborne asbestos under normal conditions that allows for protection of the general public; except that, until the commission adopts by rule a level, the maximum allowable asbestos level for the protection of the general public shall be 0.01 fibers per cubic centimeter of air, measured during normal occupancy and calculated as an eight-hour time-weighted average, in accord with 29 CFR 1910.1000 (d)(1)(i).
(B) If airborne asbestos fiber levels exceed such a level, a second test of samples may be collected during normal occupancy, analyzed by transmission electron microscopy (TEM) analysis, and calculated as an eight-hour time-weighted average in accord with 29 CFR 1910.1000 (d)(1)(i), before any order of abatement is issued.
(C) Notwithstanding the provisions of sub-subparagraph (A) of this subparagraph (II), if the asbestos level in the outside ambient air which is adjacent to an asbestos project site or area of public access exceeds 0.01 fibers per cubic centimeter of air, the existing asbestos level in such air shall be the maximum allowable asbestos level.
(III) Exemptions in emergency situations from the requirements of section 25-7-505 regarding the certificate to perform asbestos abatement;
(IV) Requirements for air pollution permits. Permits shall be required for asbestos abatement projects in any building, facility, or property, or any portion thereof, having public access; except that the requirements of this subsection (1)(a)(IV) shall not apply to asbestos abatement projects performed by an individual on a single-family residential dwelling that is the individual's primary residence.
(V) Fees for air pollution permits, site inspections, and any necessary monitoring for compliance with this part 5;
(VI) Fees for certification as: A trained supervisor, worker, project designer, inspector, management planner, and air monitoring specialist; and a general abatement contractor;
(VII) and (VIII) Repealed.
(IX) Assessment procedures that determine the need for response actions for friable asbestos-containing materials. Such procedures shall include, but not be limited to, an initial inspection to determine if asbestos-containing materials are present, visual inspection, and air monitoring that shows an airborne concentration of asbestos during normal occupancy conditions in excess of the maximum allowable level established by the commission in state-owned or state-leased buildings. Nothing in this subsection (1)(a)(IX) shall be construed to require that such assessments be made in state-owned or state-leased buildings; however, such procedures shall be followed in the event any such assessment is made.
(X) Requirements for asbestos management plans to be submitted and implemented by schools;
(XI) Fees to be collected from schools for review and evaluation of asbestos management plans;
(b) To promulgate rules pursuant to section 24-4-103, C.R.S., regarding the following, as are necessary to implement the provisions of this part 5, as required by the federal Clean Air Act, 42 U.S.C. sec. 7412 et seq., as amended:
(I) Determination of the minimum scope of asbestos abatement to which the provisions of this part 5 shall apply, but not less than:
(A) With regard to asbestos abatement projects on a single-family residential dwelling, fifty linear feet on pipes or thirty-two square feet on other materials or the equivalent of a fifty-five-gallon drum;
(B) With regard to asbestos abatement projects not subject to sub-subparagraph (A) of this subparagraph (I), two hundred sixty linear feet on pipes or one hundred sixty square feet on other materials or the equivalent of a fifty-five-gallon drum;
(II) Requirements of notification, as consistent with the federal act, to demolish, renovate, or perform asbestos abatement in any building, facility, or property, or any portion thereof, that contains asbestos, except within such minimum scope of asbestos abatement or when otherwise exempt;
(III) (A) Procedures for the inspection and monitoring of sites where demolition, renovation, or the performance of asbestos abatement is taking place, including rules assuring that aggressive air monitoring shall be utilized only in the context of conducting final clearance of an abatement project as outlined in the federal Asbestos Hazardous Emergency Response Act of 1986, 42 U.S.C. sec. 2641 et seq., and pursuant to the regulations found at 40 CFR 763. Specifications as listed in measuring airborne asbestos following an abatement action, published by the environmental protection agency in 1985, shall be adopted by the commission as criteria for aggressive sampling.
(B) The division shall provide information to local governments to be used in connection with the issuance of a building permit regarding the need for an inspection for the presence of asbestos-containing materials prior to renovation or demolition of any building, facility, or property that may contain asbestos.
(IV) (A) Fees for notifications to demolish, renovate, or perform asbestos abatement and for any associated site inspections or necessary monitoring for compliance with this part 5.
(B) Fees pursuant to this subparagraph (IV) shall be paid on an annual basis for large contiguous facility complexes and on an individual notification basis for small noncontiguous facilities.
(V) Requirements to prevent any real or potential conflict of interest between the identification of asbestos-containing materials and the abatement of such materials, including requirements that project managers be used on projects of a certain size, that project managers be independent of the abatement contractor and work strictly on behalf of the building owner to the extent feasible, and that building owners may seek waivers from the project manager requirements.
(c) To approve the examination administered to applicants for certification as a trained supervisor pursuant to section 25-7-506;
(d) To authorize the division to:
(I) Establish procedures regarding applications, examinations, and certifications required under this part 5;
(II) Enforce compliance with the provisions of this part 5, the rules and regulations promulgated thereunder, and any order issued pursuant thereto.
(e) To promulgate rules setting minimum standards for sampling the asbestos in the air and standards for persons engaging in such sampling and to seek injunctive relief under section 25-7-511.5, including relief against any asbestos air sampler who acts beyond his or her level of competency. In promulgating rules setting such standards, the commission shall not use the term air sampling professional in such standards.
(f) (I) To adopt rules pursuant to section 24-4-103, C.R.S., setting out required training for persons applying for certification, recertification, or renewal of certificates as required by regulations promulgated by the federal environmental protection agency or the occupational safety and health administration.
(II) Training required pursuant to this paragraph (f) shall not be unduly duplicative or excessive.
(III) Refresher courses shall be required annually.
(2) Repealed.
Source: L. 87: Entire part R&RE, p. 1147, � 1, effective July 1. L. 88: (1)(a)(II) and (1)(b)(III) amended, (1)(a)(IX) R&RE, and (2) added, p. 1017, �� 4, 3, effective June 11. L. 90: (1)(e) added, p. 1320, � 2, effective May 24. L. 92: (1)(b)(I) amended, p. 1231, � 35, effective July 1. L. 95: (1)(b) amended and (1)(f) added, p. 20, � 2, effective July 1. L. 2001: (1)(a)(IV), (1)(b)(I), and (1)(b)(III) amended, p. 772, � 5, effective June 1. L. 2006: IP(1)(a), (1)(a)(II)(A), (1)(a)(II)(B), IP(1)(b), (1)(b)(V), and (1)(e) amended, p. 123, � 6, effective March 27. L. 2020: (1)(a)(I) amended, (HB 20-1402), ch. 216, p. 1055, � 58, effective June 30. L. 2022: IP(1)(a), (1)(a)(I), (1)(a)(IV), (1)(a)(VI), (1)(a)(IX), (1)(b)(II), and (1)(b)(III)(B) amended and (1)(a)(VII), (1)(a)(VIII), and (2) repealed, (HB 22-1232), ch. 362, p. 2593, � 5, effective August 10.
Editor's note: This section is similar to former � 25-7-504 as it existed prior to 1987.
25-7-504. Asbestos abatement project requirements - certificate to perform asbestos abatement - certified trained persons. (1) (a) (Deleted by amendment, L. 2022.)
(b) Any person other than the general abatement contractor who inspects any building, facility, or property for the presence of asbestos, prepares management plans for public and commercial buildings, designs abatement actions in any building, facility, or property, or conducts abatement actions in any building, facility, or property shall obtain certification pursuant to section 25-7-507.
(2) (a) A general abatement contractor who conducts asbestos abatement in any building, facility, or property shall obtain a certificate to perform asbestos abatement pursuant to section 25-7-505 unless such abatement project is exempt from the requirement for certification pursuant to rules promulgated by the commission.
(b) Unless otherwise exempt, asbestos abatement shall be performed under the supervision of an individual certified by the division as a trained supervisor pursuant to section 25-7-506, who shall be at the project site at all times that work is in progress.
(3) The requirements of this section shall apply to asbestos abatement on a single-family residential dwelling; except that the requirements of this section shall not apply to any individual who performs asbestos abatement on a single-family residential dwelling that is the individual's primary residence.
Source: L. 87: Entire part R&RE, p. 1148, � 1, effective July 1. L. 92: (1) amended, p. 1231, � 36, effective July 1. L. 2001: (3) amended, p. 773, � 6, effective June 1. L. 2022: (1) and (2)(a) amended, (HB 22-1232), ch. 362, p. 2594, � 6, effective August 10.
25-7-505. Certificate to perform asbestos abatement - application - approval by division - suspension or revocation of certificate. (1) Any person may apply to the division for a certificate to perform asbestos abatement by submitting an application in the form specified by the division and by paying a fee set by the commission. Such application shall include, but shall not be limited to:
(a) A description of the applicant's employee training program for asbestos abatement;
(b) A statement identifying all individuals employed by the applicant who are certified as trained supervisors pursuant to section 25-7-506.
(2) No applicant shall be certified to perform asbestos abatement unless the applicant, or at least one of the applicant's employees, is certified as a trained supervisor pursuant to section 25-7-506.
(3) Within fifteen days after receiving an application pursuant to this section, the division shall acknowledge its receipt and notify the applicant as to whether the application is complete. Within thirty days after receiving a completed application, the division shall issue a certificate to the applicant if the division finds that, in addition to all other requirements, the employee training program for asbestos abatement described in the application is acceptable. A certificate issued by the division pursuant to this section shall be valid for three years from the date of issuance.
(4) A certificate issued pursuant to this section may be suspended or revoked for the failure to implement the employee training program for asbestos abatement described in the application submitted pursuant to this section.
Source: L. 87: Entire part R&RE, p. 1148, � 1, effective July 1.