Current through Register Vol. 56, No. 18, September 16, 2024
(a)
Pre-commencement inspections shall be conducted as follows:
1. Notification in writing to the Asbestos
Safety Control Monitor shall be made by the applicant or contractor to request
a pre-commencement inspection at least 48 hours in advance of the desired date
of inspection. This inspection shall be requested each time another work area
is started in a multi-phase project.
2. The asbestos safety technician shall
ensure that:
i. The work area is properly
prepared and that all containment measures are in place pursuant to this
subchapter;
ii. All workers shall
present to the asbestos safety technician a valid work permit issued by the New
Jersey Department of Labor;
iii.
Measures for the disposal of removed asbestos material are in place and shall
conform to the adopted standards;
iv. The contractor has a list of emergency
telephone numbers at the work area which shall include the asbestos safety
control monitor firm employed by the building owner and telephone numbers for
fire, police, emergency squad, local hospital and health officer, New Jersey
Department of Labor and New Jersey Department of Health and New Jersey
Department of Community Affairs.
3. If all is in order, the asbestos safety
technician, shall issue a written notice to proceed with the asbestos abatement
in the field. If the project site is not in order, then any needed corrective
action must be taken before any work is to commence. Conditional approval shall
not be granted.
4. The Department
reserves the right to make a pre-commencement inspection in addition to the
required pre-commencement inspection conducted by the asbestos safety
technician before a written notice to proceed is issued.
(b) Progress inspections shall be conducted
as follows:
1. Primary responsibility for
ensuring that the asbestos abatement work progresses in accordance with this
subchapter rests with the asbestos safety technician. This asbestos safety
technician shall continuously be present to observe the progress of work and
perform required inspections and tests.
2. If the asbestos safety technician observes
irregularities at any time, the asbestos safety technician shall direct such
corrective action as may be necessary.
3. Where a sealant is required to be applied
after removal, a pre-sealant inspection shall be conducted to ensure that all
asbestos-containing material has been removed properly before the sealant is
applied. If the pre-sealant inspection is acceptable to the asbestos safety
technician, he should indicate this acceptance in writing.
(c) Clean-up inspections shall be conducted
as follows:
1. Notice for clean-up inspection
shall be requested by the contractor at least 48 hours in advance of the
desired date of inspection;
2. The
clean-up inspection shall be conducted prior to the removal of the critical
barriers;
3. The asbestos safety
technician shall ensure that:
i. The project
site has been properly cleaned and is free of all visible dust and asbestos and
asbestos-containing material; and
ii. All abated asbestos-containing material
has been properly placed in a locked secure container outside of the work
area.
4. If all is in
order, and acceptable air results have been achieved, the asbestos safety
technician shall issue a written notice of authorization to remove barriers
from the work area.
(d)
Final inspections shall be conducted as follows:
1. Upon notice by the owner or by the
contractor and within 48 hours after the removal of the critical barriers, a
final inspection shall be made to ensure the absence of any visible signs of
asbestos or asbestos-containing materials and that all removed asbestos and
asbestos contaminated materials have been properly disposed of off-site in
accordance with the rules of the New Jersey Department of Environmental
Protection and Energy, N.J.A.C. 7:26-1, which is referenced in
5:23-8.22.
2. The Department reserves the right to make
a final inspection in addition to the required final inspection conducted by
the asbestos safety technician before a certificate of occupancy is issued by
the enforcing agency.
(e) The Department inspections shall be
conducted as follows:
1. The Department shall
make scheduled and/or unannounced periodic inspections of any work area
involving asbestos abatement work for the purpose of enforcing this
subchapter.
(f)
Violations: The asbestos safety technician shall ensure that the work conforms
to this subchapter. If it is found that the asbestos abatement work is being
conducted in violation of this subchapter, the asbestos safety technician shall
direct such corrective action as may be necessary. If the contractor fails to
comply with the corrective action required, or if the contractor or any of
their employees habitually and/or excessively violate the requirements of any
rule, then the asbestos safety technician shall order, in writing, that the
work be stopped. If the contractor fails to comply with the order, then the
asbestos safety technician shall notify the enforcing agency, which shall issue
a stop work order to the contractor, have the work area secured until all
violations are abated, and assess a penalty, in accordance with
5:23-2.31, which shall not be
reduced or settled for any reason.
