Asbestos Notice
Adams Stirling PLC
Menu

ASBESTOS NOTIFICATION

<sample notice>

NOTIFICATION TO EMPLOYEES AND OCCUPANTS REGARDING
THE PRESENCE OF ASBESTOS CONTAINING CONSTRUCTION MATERIAL AT

Property Name & Address

Date

In 1988, California enacted Legislation (specifically, Chapter 10.4 of the Health and Safety Code, section 25912 et seq.) requiring landlords and tenants of buildings constructed prior to 1979 to notify certain people, including each other and their respective employees working within such building of any knowledge they might have regarding any asbestos-containing construction materials ("ACCM") in such building.

ACCM materials containing detectable quantities of asbestos, legally defined in California, as materials containing percentages of asbestos greater than one-tenth of one percent (>0.1%) by weight.

ACM . and PACM materials containing percentages of asbestos greater than one percent (>1%) by weight.

Per the CALIFORNIA HEALTH AND SAFETY CODE SECTION 25915-25919.7:

(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 (ACCM), 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 ACCM 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 ACCM 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.

This notification is being furnished to inform you about ACM in this building _________ and to provide the information required under this legislation in order to help you avoid any unintentional contact with the ACM, to assure that appropriate precautionary measures are taken before distributing any ACM, and to assist in making appropriate disclosures to employees and others, if any.

We have engaged qualified asbestos consultants to survey the Building for asbestos and, to the extent necessary, to abate asbestos in certain portions of the Building in accordance with all applicable federal, state and local laws, ordinances, and regulations. Upon the completion of any such asbestos abatement work, we will implement, to the extent appropriate, an asbestos management plan that includes, among other things, periodic re-inspection and surveillance, air monitoring, information and training programs for building engineering and maintenance staff, cleaning procedures, emergency fiber release procedures, work procedure and other measure to minimize potential fiber release. During any period when work is being done in areas containing ACM, the areas will be closed to all but those workers involved in the project. Please observe posted signs and comply with all instruction regarding access to the area.

With respect to any asbestos not being abated at this Building, we have no reason to believe that such asbestos is currently in a condition to release asbestos fibers, which would pose a significant health hazard to the Building's occupants; this should remain so if such ACM is properly handled and remains undisturbed. You should take into consideration that our knowledge as to the absence of health risks is based solely upon general information and the information provided to us by our qualified asbestos consultants and that we have no special knowledge concerning potential health risks resulting from exposure to asbestos in the Building. We are therefore required by the above-mentioned legislation to encourage you to contact local or state public agencies if you wish to obtain a better understanding of the potential impacts resulting from exposure to asbestos.

At the present time, all ACM in this building is in good condition and poses no health and safety concern to the occupants. The following ACM and or ACCM are present at this building:

Insert excerpts from the asbestos survey report

Because any tenant alteration or other work at the property could disturb ACM and possibly release asbestos fibers into the air, or asbestos dust onto surfaces, we must require that you obtain our written approval prior to beginning such projects. This includes major alterations as well as minor improvement, renovation, remodeling, etc. work including but not limited to telecommunications or computer lines upgrade, sanding or finishing floors, removing flooring, removing ceilings, removing walls, or other work which disturbs ACM. In many cases, such activities will not affect ACM, but you must check with the building manager in advance, just in case. The building manager will make available such instruction as may be required. An individual or contractor who is not qualified to handle ACM should not attempt any such work.

Further information concerning asbestos handling procedures in general can be found in the Operations & Maintenance Program Book located at __________________________________(and the Asbestos Information Letter to Tenants attached to each lease). At this time, we are unaware of any specific required immediate handling restrictions or procedures, which might be necessary in any particular situation to avoid exposure to the asbestos in this Building. We are therefore required by the above-mentioned legislation to encourage you to contact local, state or federal public health agencies if you wish to obtain further information regarding handling procedures and restrictions.

In connection with the foregoing, we have adopted the following policies (which shall be considered rules under occupant leases): (I) the owner's and representatives of the owner, including, without limitation, the owner's ACM consultant, are entitled upon reasonable prior notice, except emergencies, to enter into the premises of any tenant to inspect for ACM, perform air tests and abatement; (2) any tenant, contractor, or other party must obtain our prior written approval before performing any alterations on any tenant space, or performing any other work at the property that might disturb ACM or involve exposure to asbestos fibers or dust as described above.

We trust that the implementation of the aforesaid requirements will not unduly inconvenience you. We thank you for your cooperation in this mutual endeavor.

Sincerely,
Name, title, signature

RECOMMENDATION: The above notice is a sample only. Boards should consult with legal counsel to draft an appropriate notice for their employees. Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

Adams Stirling PLC