Does a city or town need an asbestos management plan?

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While cities and towns are not required to have an asbestos management plan, the Connelly Act does spell out what is required if a city or town elects to implement one.  Cities and towns are required to notify employees of the existence of asbestos in buildings which those employees work, even if they are not city or town employees.  Having an asbestos management plan is a great way to bring all the elements of the Connelly Act together and manage the asbestos withing city and town facilities.

The Connelly Act

25915. (a) Notwithstanding any other provision of law, the owner of
any building constructed prior to 1979, who knows that the building
contains asbestos-containing construction materials, shall provide
notice to all employees of that owner working within the building
concerning all of the following:

(1) The existence of, conclusions from, and a description or list
of the contents of, any survey known to the owner conducted to
determine the existence and location of asbestos-containing
construction materials within the building, and information
describing when and where the results of the survey are available
pursuant to Section 25917.
(2) Specific locations within the building known to the owner, or
identified in a survey known to the owner, where asbestos-containing
construction materials are present in any quantity.
(3) General procedures and handling restrictions necessary to
prevent, and if appropriate, to minimize disturbance, release, and
exposure to the asbestos. If detailed handling instructions are
necessary to ensure employee safety, the notice required by this
section shall indicate where those instructions can be found.
(4) A summary of the results of any bulk sample analysis, or air
monitoring, or monitoring conducted pursuant to Section 5208 of Title
8 of the California Code of Regulations, conducted for or by the
owner or within the owner’s control, including reference to sampling
and laboratory procedures utilized, and information describing when
and where the specific monitoring data and sampling procedures are
available pursuant to Section 25917.
(5) Potential health risks or impacts that may result from
exposure to the asbestos in the building as identified in surveys or
tests referred to in this section, or otherwise known to the owner.

The notice may contain a description and explanation of the health
action levels or exposure standards established by the state or
federal government. However, if the notice contains this description,
the notice shall include, at least, a description and explanation of
the no significant risk level established pursuant to Chapter 6.6
(commencing with Section 25249.5) of Division 20, and specified in
Section 12711 of Title 22 of the California Code of Regulations, the
school abatement clearance level specified in Section 49410.7 of the
Education Code, and the action levels established by state and
federal Occupational Safety and Health Act regulations.
The notice requirements specified in this subdivision shall not
apply to an owner who elects to prepare an asbestos management plan
pursuant to Section 25915.1. In those cases, the notice requirements
specified in Section 25915.1 shall apply.
(b) If the owner has no special knowledge of the information
required pursuant to paragraphs (3) and (5), of subdivision (a), the
owner shall specifically inform his or her employees in the notice
required by this section, that he or she lacks knowledge regarding
handling instructions necessary to prevent and minimize release of,
and exposure to, asbestos and the potential health impacts resulting
from exposure to asbestos in the building, and shall encourage
employees to contact local or state public health agencies.

25915.1. (a) An owner may elect to prepare an asbestos management
plan for any building subject to this chapter, and in that case may,
upon implementation of that plan, comply with the notification
requirements of this chapter by providing notice to other owners and
all employees of that owner working within the building of the
following:
(1) The specific locations within the building where
asbestos-containing construction materials are present in any
quantity.
(2) Potential health risks or impacts that may result from
exposure to the asbestos.
(3) Information to convey that moving, drilling, boring, or
otherwise disturbing the asbestos-containing construction material
identified may present a health risk and, consequently, should not be
attempted by an employee who is not qualified to handle
asbestos-containing construction material.
(4) The existence and availability of the management plan and a
description of its contents.
(b) For purposes of this chapter, an asbestos management plan
shall be designed to minimize the potential for release of asbestos
fibers and to outline a schedule of actions to be undertaken with
respect to the asbestos. The plan shall be prepared by a person
accredited to prepare management plans for schools pursuant to
Section 2646 of Title 15 of the United States Code and shall contain
all of the following:
(1) The information specified in paragraphs (1) to (5), inclusive,
of subdivision (a) of Section 25915.
(2) A description of an ongoing operations and maintenance program
which shall include, but not be limited to, periodic reinspection
and surveillance, suggested fiber release episode procedures,
measures to minimize potential fiber releases, and information and
training programs for building engineering and maintenance staff.
(3) Recordkeeping procedures to demonstrate implementation of the
plan which shall be maintained for the life of the building to which
they apply.

25915.2. (a) Notice provided pursuant to this chapter shall be
provided in writing to each individual employee, and shall be mailed
to other owners designated to receive the notice pursuant to
subdivision (a) of Section 25915.5, within 15 days of the first
receipt by the owner of information identifying the presence or
location of asbestos-containing construction materials in the
building. This notice shall be provided annually thereafter. In
addition, if new information regarding those items specified in
paragraphs (1) to (5), inclusive, of subdivision (a) of Section 25915
has been obtained within 90 days after the notice required by this
subdivision is provided or any subsequent 90-day period, then a
supplemental notice shall be provided within 15 days of the close of
that 90-day period.
(b) Notice provided pursuant to this chapter shall be provided to
new employees within 15 days of commencement of work in the building.
(c) Notice provided pursuant to this chapter shall be mailed to
any new owner designated to receive the notice pursuant to
subdivision (a) of Section 25915.5 within 15 days of the effective
date of the agreement under which a person becomes a new owner.
(d) Subdivisions (a) and (c) shall not be construed to require
owners of a building or part of a building within a residential
common interest development to mail written notification to other
owners of a building or part of a building within the residential
common interest development, if all the following conditions are met:
(1) The association conspicuously posts, in each building or part
of a building known to contain asbestos-containing materials, a large
sign in a prominent location that fully informs persons entering
each building or part of a building within the common interest
development that the association knows the building contains
asbestos-containing materials.
The sign shall also inform persons of the location where further
information, as required by this chapter, is available about the
asbestos-containing materials known to be located in the building.
(2) The owners or association disclose, as soon as practicable
before the transfer of title of a separate interest in the common
interest development, to a transferee the existence of
asbestos-containing material in a building or part of a building
within the common interest development.
Failure to comply with this section shall not invalidate the
transfer of title of real property. This paragraph shall only apply
to transfers of title of separate interests in the common interest
development of which the owners have knowledge. As used in this
section, “association” and “common interest development” are defined
in Section 1351 of the Civil Code.
(e) If a person contracting with an owner receives notice pursuant
to this chapter, that contractor shall provide a copy of the notice
to his or her employees or contractors working within the building.
(f) If the asbestos-containing construction material in the
building is limited to an area or areas within the building that meet
all the following criteria:
(1) Are unique and physically defined.
(2) Contain asbestos-containing construction materials in
structural, mechanical, or building materials which are not
replicated throughout the building.
(3) Are not connected to other areas through a common ventilation
system; then, an owner required to give notice to his or her
employees pursuant to subdivision (a) of Section 25915 or 25915.1 may
provide that notice only to the employees working within or entering
that area or those areas of the building meeting the conditions
above.
(g) If the asbestos-containing construction material in the
building is limited to an area or areas within the building that meet
all the following criteria:
(1) Are accessed only by building maintenance employees or
contractors and are not accessed by tenants or employees in the
building, other than on an incidental basis.
(2) Contain asbestos-containing construction materials in
structural, mechanical, or building materials which are not
replicated in areas of the building which are accessed by tenants and
employees.
(3) The owner knows that no asbestos fibers are being released or
have the reasonable possibility to be released from the material;
then, as to that asbestos-containing construction material, an owner
required to give notice to his or her employees pursuant to
subdivision (a) of Section 25915 or Section 25915.1 may provide that
notice only to its building maintenance employees and contractors who
have access to that area or those areas of the building meeting the
conditions above.
(h) In those areas of a building where the asbestos-containing
construction material is composed only of asbestos fibers which are
completely encapsulated, if the owner knows that no asbestos fibers
are being released or have the reasonable possibility to be released
from that material in its present condition and has no knowledge that
other asbestos-containing material is present, then an owner
required to give notice pursuant to subdivision (a) of Section 25915
shall provide the information required in paragraph (2) of
subdivision (a) of Section 25915 and may substitute the following
notice for the requirements of paragraphs (1), (3), (4), and (5) of
subdivision (a) of Section 25915:
(1) The existence of, conclusions from, and a description or list
of the contents of that portion of any survey conducted to determine
the existence and location of asbestos-containing construction
materials within the building that refers to the asbestos materials
described in this subdivision, and information describing when and
where the results of the survey are available pursuant to Section
25917.
(2) Information to convey that moving, drilling, boring, or
otherwise disturbing the asbestos-containing construction material
identified may present a health risk and, consequently, should not be
attempted by an unqualified employee. The notice shall identify the
appropriate person the employee is required to contact if the
condition of the asbestos-containing construction material
deteriorates.

25915.5. (a) An owner required to give notice to employees pursuant
to this chapter, in addition to notifying his or her employees,
shall mail, in accordance with this subdivision, a copy of that
notice to all other persons who are owners of the building or part of
the building, with whom the owner has privity of contract. Receipt
of a notice pursuant to this section by an owner, lessee or operator
shall constitute knowledge that the building contains
asbestos-containing construction materials for purposes of this
chapter. Notice to an owner shall be delivered by first-class mail
addressed to the person and at the address designated for the receipt
of notices under the lease, rental agreement, or contract with the
owner.
(b) The delivery of notice under this section or negligent failure
to provide that notice shall not constitute a breach of any covenant
under the lease or rental agreement, and nothing in this chapter
enlarges or diminishes any rights or duties respecting constructive
eviction.
(c) No owner who, in good faith, complies with the provisions of
this section shall be liable to any other owner for any damages
alleged to have resulted from his or her compliance with the
provisions of this section.
(d) This section shall not be construed to apply to owners of a
building or part of a building within a residential common interest
development or association, if the owners comply with the provisions
of subdivision (d) of Section 25915.2. For purposes of this section,
“association” and “common interest development” are defined in
Section 1351 of the Civil Code.

25916. If any construction, maintenance, or remodeling is conducted
in an area of the building area where there is the potential for
employees to come into contact with, or release or disturb, asbestos
or asbestos-containing construction materials, the owner responsible
for the performance of, or contracting for, any construction,
maintenance, or remodeling in the area shall post that area with a
clear and conspicuous warning notice. The posted warning notice shall
read, in print which is readily visible because of its large size
and bright color, as specified in either subdivision (a) or (b).
(a) “CAUTION. ASBESTOS. CANCER AND LUNG DISEASE HAZARD. DO NOT
DISTURB WITHOUT PROPER TRAINING AND EQUIPMENT.”
(b) “DANGER. ASBESTOS. CANCER AND LUNG DISEASE HAZARD. AUTHORIZED
PERSONNEL ONLY. RESPIRATORS AND PROTECTIVE CLOTHING ARE REQUIRED IN
THIS AREA.”

25916.5. (a) When there is more than one owner of a building or
part of a building subject to this chapter, the owners may agree in
writing to designate one particular owner to prepare any notice
required pursuant to this chapter.
(b) Any owner, other than the owner preparing the notice, may use
a notice prepared by another owner to satisfy the requirements of
this chapter if all of the following are satisfied:
(1) The notice fully complies with that owner’s obligations under
this chapter.
(2) That owner does not know that the notice contains false or
misleading information.
(3) That owner does not know that the owner who prepared the
notice has failed to comply with this chapter.

25917. An owner shall make available, for review and photocopying,
to other owners and all of his or her employees or those employees’
representatives at an accessible place and time, all existing
asbestos survey and monitoring data and any asbestos management plan
which has been prepared, specific to the building. This place shall
be within the building, or another building which is leased or also
owned by the owner, located on the same property as the building, and
accessible and convenient to employees, and shall be available
during employee working hours, including lunch and break periods, if
any owner maintains an office or similar facility in the building; if
not, the survey, data, and asbestos management plan shall be
available at another place, and at a time accessible and convenient
to employees and their representatives. Any owner may enter into an
agreement with another owner to provide the location where the
survey, data, and asbestos management plan is available to employees
within one building pursuant to this section.

25917.5. If an asbestos information system or statewide asbestos
register, or both, is established subsequent to the designing of the
system and register pursuant to paragraphs (5) and (6) of subdivision
(a) of Section 25927, the system or register, or both, as the case
may be, shall integrate, be consistent with, and, at a minimum,
include all of the requirements of this chapter.

25918. “Asbestos,” as used in this chapter, has the same meaning as
defined in Section 6501.7 of the Labor Code.

25919. “Asbestos-containing construction material,” as used in this
chapter, means any manufactured construction material, including
structural, mechanical and building material, which contains more
than one-tenth of 1 percent asbestos by weight.

25919.2. “Building,” as used in this chapter, means all or part of
any “public and commercial building,” as defined in Section 2642 of
Title 15 of the United States Code, as that section reads on January
1, 1989, except that “building” shall not mean residential dwellings.

25919.3. “Employee,” as used in this chapter, means every person
who is required or directed by any employer, to engage in any
employment, and who performs that employment other than on a casual
or incidental basis in any building subject to this chapter, or any
person contracting with an owner who is required or directed to
perform services, other than on a casual or incidental basis, in any
building subject to this chapter.

25919.4. “Employee’s representative,” as used in this chapter,
means an employee’s union representative, a member of the employee’s
immediate family, a nonrelated member of the employee’s household,
and an employee’s attorney or a person with power of attorney.

25919.5. “Owner,” as used in this chapter, means an owner, lessee,
sublessee, or agent of the owner of a building or part of a building,
including, but not limited to, the state or another public entity.

25919.6. “Agent,” as used in this chapter, means a person acting in
accordance with Title 9 (commencing with Section 2295) of Part 4 of
Division 3 of the Civil Code for purposes of managing, operating,
leasing, or performing a similar function with respect to a building
subject to this chapter.

25919.7. Any owner who knowingly or intentionally fails to comply
with this chapter, or who knowingly or intentionally presents any
false or misleading information to employees or any other owner, is
guilty of a misdemeanor punishable by a fine of up to one thousand
dollars ($1,000) or up to one year in the county jail, or both. This
section shall become operative on July 1, 1989.