N.J. Admin. Code § 5:23-8.5

Current through Register Vol. 56, No. 24, December 18, 2024

Section 5:23-8.5 - Construction permit for asbestos abatement

(a) It shall be unlawful to undertake an asbestos hazard abatement project unless the owner of the facility, or an authorized representative on behalf of the owner, first files an application in writing with the enforcing agency and obtains the required permit. This permit shall serve as notice for public record in the office of the enforcing agency. All work shall be monitored and controlled by the asbestos safety control monitor who will advise the enforcing agency of its findings.

1. The enclosure of any amount of asbestos-containing material used to cover pipes shall not require a permit for asbestos abatement pursuant to this subchapter, but it may be considered construction work.

2. A construction permit shall be obtained when required by the enforcing agency pursuant to N.J.A.C. 5:23-2.

(b) All asbestos abatement work shall be conducted in unoccupied buildings, unless a written statement signed by the asbestos safety control monitor denoting portions of the building that may be occupied is filed as required by N.J.A.C. 5:23-8.19(c)8.

1. The asbestos safety control monitor shall not be required to file such a written statement denoting the occupancy of the building by maintenance personnel who are properly trained and/or security personnel essential to the building operation.

2. The asbestos safety control monitor shall not be required to file such written statement denoting occupied portions of the building for a cleared area in a multi-phase project that has received a Temporary Certificate of Occupancy from the enforcing agency when such occupancy applies to contractors or related personnel involved with post-abatement activity.

(c) The Department or a municipality utilizing an asbestos safety control monitor which has been authorized by the Department to enforce the Asbestos Hazard Abatement Subcode within its jurisdiction shall be the sole enforcing agency for asbestos hazard abatement work.

(d) The application for a construction permit for asbestos abatement shall be subject to the following:

1. The application for a permit shall be submitted in such form as the department may prescribe and shall be accompanied by the required fee as provided for in this subchapter.

2. The application for a construction permit for asbestos abatement shall be required to include the following:

i. The name, address and license number of the asbestos contractor pursuant to N.J.A.C. 12:120 Asbestos Licenses and Permits under the jurisdiction of the New Jersey Department of Labor;

ii. The asbestos hazard assessment, which shall be prepared by the New Jersey Department of Health, or by a county or local department of health or a private individual who has received accreditation as an inspector under the United States Environmental Protection Agency's Model Accreditation Program as referenced in 40 CFR 763. The accreditation will be issued by an EPA-approved training agency, and that accreditation will include the place of training, accreditation number and expiration date. Accreditations are issued for one year. This assessment shall be required unless the requirement for an assessment has been waived in writing by the New Jersey Department of Health;

iii. The name and address of the private air monitoring firm, hired by the building owner, who shall act as the asbestos safety control monitor authorized by the New Jersey Department of Community Affairs and shall be responsible for continuously monitoring the asbestos abatement project;

iv. Four sets of plans and specifications indicating: the scope of the proposed work; type and percentage of the asbestos; the total amount of square and/or linear footage of asbestos-containing material to be abated; the provisions proposed to contain the asbestos-containing material during abatement work including, but not limited to, separation barriers, critical barriers, and the route of travel for removing asbestos waste from the work area; a copy of the site plan; and a floor plan indicating exits. The approved plans and specifications shall be distributed as follows: one set each to the construction official, asbestos safety control monitor, building owner, and project site;

v. Documentation that all buildings will be unoccupied at the time an asbestos abatement project takes place, except as approved by the asbestos safety control monitor as delineated in N.J.A.C. 5:23-8.19;

vi. The name and address of the New Jersey Department of Environmental Protection and Energy registered waste hauler and of the New Jersey Department of Environmental Protection and Energy registered landfill where asbestos waste will be deposited;

vii. The scheduled starting and completion dates for the asbestos abatement project;

viii. The method of air analysis used pursuant to N.J.A.C. 5:23-8.21 for determining the final clearance level in order to reoccupy the building.

3. It shall be the responsibility of the owner or his agent to file with the enforcing agency, in the event of any change in (d)2i, iii and vi above. Such change shall be filed as an amendment to the application and shall be forwarded to the Department as set forth in (h) below. The replacement firm shall assume all responsibilities for the asbestos abatement work to continue, while the preceding firm still bears responsibility for its action.

(e) The issuance of a construction permit for asbestos abatement shall be subject to the following:

1. Submission of a completed application;

2. The described work and containment measures shall conform to the requirements of this subchapter and the requirements of any other applicable law or rule adopted or enforced by any other State agency;

3. A written release of the plans and specifications by the asbestos safety control monitor.

4. Cursory plan review shall be done by the enforcing agency to determine the need of replacement material for maintaining the structural integrity of a building; if required, a separate construction permit shall be issued by the enforcing agency. In addition, a review shall be done to ensure that means of egress are maintained in occupied buildings.

(f) The issuance of the construction permit for asbestos abatement authorizes preparation of the work area. This initial preparation of the work area shall be observed by the asbestos safety technician to ensure compliance with this subchapter. No actual asbestos abatement work shall commence until a pre-commencement inspection has been conducted and approved by the asbestos safety technician.

(g) A permit, once issued, shall remain valid only as long as all of the information contained in the application remains correct and is adhered to. Any change shall require an amendment to the application before the change takes place. Failure to adhere to these requirements may result in a stop work order.

(h) The owner or his or her agent shall notify the Department, in writing, within three business days of the issuance of the construction permit for asbestos abatement, if the enforcing agency is a municipal enforcing agency and not the Department. Such notice shall be supplied in the form of a copy of the completed application for a construction permit for asbestos abatement and a copy of the permit.

1. Notification shall be sent to asbestos.notifications@dca.nj.gov or:

New Jersey Department of Community Affairs

Asbestos Safety Unit

PO Box 821

Trenton, New Jersey 08625-0821

(i) The owner or his or her agent shall notify the following, in writing, as required in NESHAPS (40 CFR Part 61, Subpart M):

1. Notification shall be sent to:

i.. U.S Environmental Protection Agency

Region II NESHAP

26 Federal Plaza, Room 1033

New York, New York 10278; and

ii. New Jersey Department of Community Affairs by email at asbestos.notifications@dca.nj.gov or by mail to:

New Jersey Department of Community Affairs

Asbestos Safety Unit

PO Box 821

Trenton, New Jersey 08625-0821

N.J. Admin. Code § 5:23-8.5

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).
Substantially amended.
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 8.6 as new 8.7 with stylistic changes. Section 8.7 was formerly "Inspections; violations".
In (a): deleted "Health and New Jersey Department of Education ..." from text.
In (b)2ii: Added text regarding required accreditation of an asbestos hazard assessor.
In (b)2iv-v: revised text to clarify plans and specifications and added new (b)2viii.
In (f)1: changed address and name of "Asbestos Safety Unit."
In (g): deleted "10 days prior to the start of the asbestos abatement project" and added text requiring compliance with Federal register.
Added new (g)1ii.
Recodified from 5:23-8.7 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, "Minor asbestos hazard abatement project," recodified as 5:23-8.14.

Administrative Change, 54 N.J.R. 1017(b), effective 5/2/2022