5 Colo. Code Regs. § 1001-10-B-V

Current through Register Vol. 47, No. 16, August 25, 2024

Section 5 CCR 1001-10-B-V - State Building Requirements

V.A. Scope and Purpose

State agencies shall follow the assessment procedures prescribed by this section prior to conducting any response action for friable ACM in an area of public access that exceeds the trigger levels. The prescribed assessment procedures require state agencies to identify friable and potentially friable ACM; sample such materials; assess the condition of suspected ACM; and conduct air monitoring to determine the level of fibers in the air. In addition, state agencies are required to use individuals who have been certified as Inspectors and Management Planners (see Section II) to complete the inspections and make recommendations to building managers as to the appropriate response action to be taken.

V.B. General State Agency Responsibilities

Each state agency shall:

V.B.1. Ensure that the activities of all persons who perform inspections or conduct asbestos abatement actions are carried out in accordance with Sections I., I.I, III. and V. of this regulation.

V.B.2. Designated Asbestos Coordinator

V.B.2.a. Designate an asbestos coordinator to ensure that the requirements of this section are properly implemented.

V.B.2.b. Ensure that the asbestos coordinator receives adequate training to perform duties assigned under this section. Such training shall provide, as necessary, basic knowledge of:

V.B.2.b.(i) Health effects of asbestos.

V.B.2.b.(ii) Detection, identification, and assessment of ACM.

V.B.2.b.(iii) Options for controlling ACM.

V.B.2.b.(iv) Asbestos management programs.

V.B.2.b.(v) Relevant Federal and State regulations concerning asbestos, including those in this Regulation and those of the U.S. Department of Transportation and the U.S. Environmental Protection Agency.

V.B.2.C. A person who has received "Inspector" training and certification according to Section II. (Certification Requirements) is deemed to be adequately trained to function as the asbestos coordinator.

V.C. Inspections

V.C.1. Prior to conducting an asbestos response action in an area of public access that exceeds the trigger levels in any state-owned or state-leased building, state agencies shall inspect the affected area of such buildings to identify all locations of friable and potentially friable ACM. Potentially friable ACM is any ACM that can reasonably be expected to become friable as a result of anticipated renovation or demolition work.

V.C.2. Each inspection shall be made by a certified Inspector.

V.C.3. Except as excluded under Section V.H. (Exclusion), the person performing an inspection under this section shall:

V.C.3.a. Visually inspect the area to identify the locations of all suspected ACM.

V.C.3.b. Touch all suspected ACM to determine whether they are friable.

V.C.3.c. Identify all homogeneous areas of friable suspected ACM and all homogeneous areas of potentially friable suspected ACM.

V.C.3.d. Pursuant to Section V.D. (Sampling); collect bulk samples from each suspect homogeneous area and submit such samples for analysis pursuant to Section V.E. (Analysis).

V.C.3.e. Develop a written assessment of the extent, condition and types of materials in the area. Such assessment shall be performed pursuant to Section V.F. (Assessment).

V.C.3.f. Record the following and submit to the Asbestos Coordinator under Section V.B. (General State Agency Responsibilities), a copy of such record.

V.C.3.f.(i) An inspection report with the date of the inspection signed by the certified person making the inspection, and his or her certification number.

V.C.3.f.(ii) An inventory of the locations of the homogeneous areas where samples are collected, exact locations where each bulk sample is collected, and dates that samples are collected.

V.C.3.f.(iii) A list identifying each homogeneous area listed under Section V.C.3.c. as surfacing material, thermal system insulation, or miscellaneous material.

V.C.3.f.(iv) Assessments made of friable and potentially friable material, the name and signature of each certified Inspector making the assessment, and his or her certification number.

V.D. Sampling

V.D.1. Surfacing material

Prior to conducting an asbestos response action in an area of public access that exceeds the trigger levels in any state-owned or state-leased building, the State Agency shall insure that a certified Inspector shall collect, in a randomly distributed manner that is representative of the homogeneous area, bulk samples from each homogeneous area of suspect friable and potentially friable, surfacing material. The samples shall be collected as follows:

V.D.1.a. At least three bulk samples shall be collected from each homogeneous area that is 1,000 square feet or less.

V.D.1.b. At least five bulk samples shall be collected from each homogeneous area that is greater than 1,000 square feet but less than or equal to 5,000 square feet.

V.D.1.c. At least seven bulk samples shall be collected from each homogeneous area that is greater than 5,000 square feet.

V.D.2. Thermal system insulation

V.D.2.a. Except as provided in Sections V.D.2.b., c. and d. of this section, a certified Inspector shall collect, in a randomly distributed manner, at least three bulk samples from each homogeneous area of thermal system insulation that is not assumed to be ACM.

V.D.2.b. Collect at least one bulk sample from each homogeneous area of patched thermal system insulation if the patched section is less than 6 linear or square feet.

V.D.2.c. In a manner sufficient to determine whether the material is ACM or not ACM, collect bulk samples from each insulated mechanical system where cement or plaster is used on fittings such as tees, elbows, or valves. An area may be determined to contain ACM based on a single positive asbestos sample as described in Section V.E.3.b.

V.D.2.d. Bulk samples are not required to be collected from any homogeneous area where the certified Inspector has determined that the thermal system insulation is fiberglass, foam glass, rubber, or other non-ACM.

V.D.3. Miscellaneous material

In a manner sufficient to determine whether material is ACM or not ACM, a certified Inspector shall collect bulk samples from each homogeneous area of friable miscellaneous material that is suspected to be ACM.

V.D.4. The state agency shall perform air sampling prior to any response action that in an area of public access exceeds the trigger levels. The procedures described in Section III.U. (Maximum Allowable Asbestos Level), shall be followed.

V.E. Analysis

V.E.1. State agencies shall have bulk samples, collected under Section V.D. (Sampling) analyzed for asbestos by laboratories accredited by the National Bureau of Standards (NBS). State agencies shall use laboratories that have received interim accreditation for polarized light microscopy analysis under the EPA Interim Asbestos Bulk Sample Analysis Quality Assurance Program until the NBS PLM laboratory accreditation program for PLM is operational.

V.E.2. Bulk samples shall not be composited for analysis.

V.E.3. Interpreting Bulk Sample Results

V.E.3.a. A homogeneous area is considered not to contain ACM only if the results of all samples submitted for analysis show asbestos in amounts of one percent or less.

V.E.3.b. A homogeneous area shall be determined to contain ACM based on a finding that the results of at least one sample collected from that area shows that asbestos is present in an amount greater than one percent.

V.E.4. The name and address of each laboratory performing an analysis submitted to the asbestos coordinator designated under Section V.B. (General State Agency Responsibilities).

V.E.5. Air samples shall be analyzed according to the procedures described in Section III.U. (Maximum Allowable Asbestos Level).

V.F. Assessment

V.F.1. [Untitled]

V.F.1.a. For each inspection conducted under Section V.D. (Exclusion) and previous inspections specified under Section V.H. the state agency shall have a certified Inspector provide a written assessment of all triable material that is known or assumed ACM in a state building.

V.F.1.b. Each certified Inspector providing a written assessment shall sign and date the assessment, provide his or her certification number, and submit a copy of the assessment to the Asbestos Coordinator designated under Section V.B. (General State Agency Requirements).

V.F.2. The Inspector shall classify and give reasons in the written assessment for classifying the ACM and suspected ACM assumed to be ACM in the state building into one of the following categories:

V.F.2.a. Damaged or significantly damaged thermal system insulation ACM.

V.F.2.b. Damaged friable surfacing ACM.

V.F.2.c. Significantly damaged friable surfacing ACM.

V.F.2.d. Damaged or significantly damaged friable miscellaneous ACM.

V.F.2.e. ACM with potential for damage.

V.F.2.f. ACM with potential for significant damage.

V.F.2.g. Any remaining friable ACM or friable material suspected to be ACM.

V.F.2.h. Undamaged material known or suspected to be ACM.

V.F.3. Assessment shall include the following considerations:

V.F.3.a. Location and the amount of the material, both in total quantity and as a percentage of the functional space.

V.F.3.b. Condition of the material, specifying:

V.F.3.b.(i) Type of damage or significant damage (e.g., flaking, blistering, water damage, or other signs of physical damage).

V.F.3.b.(ii) Severity of damage (e.g., major flaking, severely torn jackets, as opposed to occasional flaking, minor tears to jackets).

V.F.3.b.(iii) Extent or spread of damage over large areas or large percentages of the homogeneous area.

V.F.3.c. Whether the material is accessible by building occupants.

V.F.3.d. The material's potential for disturbance.

V.F.3.e. Known or suspected causes of damage or significant damage (e.g., air erosion, vandalism, vibration, water).

V.F.3.f. Preventive measures, which might eliminate the reasonable likelihood of undamaged ACM from becoming significantly damaged.

V.F.3.g. The results of any air monitoring.

V.F.4. The state agency shall select a person certified to develop management plans (see Section II.) to recommend, in writing to the state agency the appropriate response actions. Prior to making a recommendation, such certified person shall review all inspections and assessments, and may conduct any other activities necessary to support his or her recommendations. The certified person shall sign and date the recommendation, and provide his or her certification number, and submit a copy of the recommendations to the asbestos coordinator.

V.G. Recordkeeping

V.G.1. For each response action taken, the Asbestos Coordinator for each state agency shall document in a file to be maintained with building records:

V.G.1.a. A detailed written description of the measure or action, including methods used; the location where the measure or action was taken; reasons for selecting the measure or action; start and completion dates of the work; names and addresses of all contractors involved and certification numbers; and if ACM is removed, the name and location of storage or disposal site of the ACM.

V.G.1.b. The name and signature of any person collecting any air samples required to be collected by Section V.D. (Sampling), the locations where samples were collected, date of collection, the name and address of the laboratory analyzing the samples, the date of analysis, the results of the analysis, the method of analysis, the name and signature of the person performing the analysis, and a statement that the laboratory meets the accreditation requirements of clause III.G.9.b.(ii).

V.G.2. For each exclusion provided by Section V.H. (Exclusions), a statement signed by a certified Inspector that meets the requirements of Section V.H. (Exclusions) shall be included in the record.

V.H. Exclusions

V.H.1. A state agency shall not be required to perform an inspection under Section V.C.1. (Inspections) in any area of a state building where:

V.H.1.a. A certified Inspector has determined that, based on sampling records, friable or potentially friable ACM was identified in that homogeneous or sampling area during an inspection conducted before April 30, 1989. The Inspector shall sign and date a statement to that effect with his or her certification number and include such a statement as part of the record required by Section V G. (Recordkeeping). However, a certified Inspector/management planner shall assess the friable ACBM under Section V.F. and a certified Air Monitoring Specialist shall conduct air monitoring, if not already completed.

V.H.1.b. Based on sampling records and inspection records, a certified Inspector has determined that no ACM is present in the homogeneous or sampling area and the records show that the area was sampled, before April 30, 1989, in substantial compliance with Section V.C.1. (Inspections), which for purposes of this section means in a random manner and with a sufficient number of samples to reasonably ensure that the area is free of ACM. The certified Inspector shall sign and date a statement, with his or her certification number that the homogeneous or sampling area determined not to be ACM was sampled in substantial compliance with Section V.D.1. (Surfacing Materials).

V.H.1.c. Based on inspection records a certified Inspector has determined that no ACM is present in the homogeneous or sampling area because asbestos removal operations have been conducted before April 30, 1989. The Inspector shall sign and date a statement to that effect and include his or her certification number. The state agency shall include the statement as part of the recordkeeping for that agency.

V.H.1.d. An architect or project engineer responsible for the construction of a new state building built after April 30, 1989, or a certified Inspector signs a statement that no ACM was specified as a building material in any construction document for the building, or, to the best of his or her knowledge, no ACM was used as a building material in the building. The state agency shall place a copy of the signed statement in asbestos records for the agency.

V.H.2. The exclusion, under Section V.H.1.a. through d. of this subsection, from conducting the inspection under Section V.C.1. (Inspections) shall apply only to homogeneous or sampling areas of a building that were inspected and sampled before April 30, 1989.

5 CCR 1001-10-B-V

37 CR 18, September 25, 2014, effective 10/15/2014

38 CR 05, March 10, 2015, effective 3/30/2015

38 CR 18, September 25, 2015, effective 10/15/2015

39 CR 18, September 25, 2016, effective 10/15/2016

40 CR 12, June 25, 2017, effective 7/15/2017

41 CR 11, June 10, 2018, effective 6/30/2018

42 CR 16, August 25, 2019, effective 9/14/2019

43 CR 03, February 10, 2020, effective 1/16/2020

43 CR 03, February 10, 2020, effective 3/1/2020

43 CR 12, June 25, 2020, effective 7/15/2020

44 CR 04, February 25, 2021, effective 3/17/2021

44 CR 12, June 25, 2021, effective 7/15/2021

45 CR 12, June 25, 2022, effective 7/15/2022

46 CR 12, June 25, 2023, effective 7/15/2023

47 CR 12, June 25, 2024, effective 7/15/2024