N.J. Admin. Code § 5:23-8.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 5:23-8.3 - Enforcement; licensing; special technical services

(a) Except as is otherwise provided in (b)1 below, the provisions of this subchapter shall be enforced by municipal enforcing agencies utilizing asbestos safety control monitors or by the New Jersey Department of Community Affairs, hereafter cited as the Department, if applicable, and shall be administered and enforced uniformly throughout the State. This subchapter shall be in addition to existing regulations already adopted pursuant to the Uniform Construction Code Act ( P.L. 1975, c.217 as amended) and known as the Regulations for the Uniform Construction Code (N.J.A.C. 5:23). This subchapter contains administrative procedures for the inspection of asbestos abatement work involving removal, encapsulation, enclosure, repair, renovation, or demolition work which disturbs asbestos.

1. Rules concerning exceptions are as follows:

i. State-owned, State-managed or State-leased buildings: The Department utilizing asbestos safety control monitors shall be the sole enforcing agency to administer and enforce the Asbestos Hazard Abatement Subcode with respect to State-owned, State-leased or State-managed buildings.

(b) The joint regulations adopted by the New Jersey Departments of Health and Labor, which are cited as N.J.A.C. 8:60 and N.J.A.C. 12:120, respectively, provide the licensing requirements of contractors who perform any of the functions of application, enclosure, removal or encapsulation.

1. Rules concerning licenses are as follows:

i. A licensed contractor shall be required for an asbestos hazard abatement project.

ii. A licensed contractor shall not be required for an operations and maintenance activity.

2. Nothing herein shall be construed as limiting the ability of the Department of Labor to cite contractors for violations of the provisions of this subchapter.

(c) Whenever the Asbestos Safety Control Monitor determines that the need for interpretations and/or assistance exists with regard to a particular project, the asbestos safety control monitor shall contact the department who shall make such determination deemed necessary. Such may include, but not be limited to:

1. Plan and specification services;

2. Site investigation;

3. Site inspections.

N.J. Admin. Code § 5:23-8.3

Amended by R.1986 d.143, effective 5/5/1986.
See: 18 N.J.R. 378(a), 18 N.J.R. 949(a).
Substantially amended.
Amended by R.1987 d.525, effective 12/21/1987.
See: 19 N.J.R. 902(a), 19 N.J.R. 2389(a).
Added State-leased.
Amended by R.1989 d.342, effective 7/3/1989.
See: 20 N.J.R. 1130(b), 21 N.J.R. 1844(b).
Recodified old 8.3 as new 8.4 with minor stylistic changes. Section 8.4 was formerly "Minor asbestos hazard abatement job."
In (b)1i and ii: changed "job" to "project".
Recodified from 5:23-8.4 and amended by R.1993 d.198, effective 6/7/1993.
See: 24 N.J.R. 1422(a), 25 N.J.R. 2519(b).
Prior text at section, "Pre-project procedures," recodified as 5:23-8.13.