Chapter 10.35. Asbestos And Hazardous Substance Removal Contracts of California Health And Safety Code >> Division 20. >> Chapter 10.35.
The Legislature hereby finds and declares that it is the
public policy of the state to ensure that work performed on behalf of
the public or private entity or person be done properly to safeguard
the public health and safety when removing asbestos and hazardous
For purposes of this chapter, the following definitions
(a) "Asbestos" has the same meaning as defined in Section 6501.7
of the Labor Code.
(b) "Asbestos-related work," is defined in Chapter 6 (commencing
with Section 6500) of Part 1 of Division 5 of the Labor Code,
including Section 6501.8 of the Labor Code, and involves 100-square
feet or more of surface area of asbestos-containing material and is
such that it requires that the contractor who performs the work must
be certified in accordance with subdivision (a) of Section 7058.5 of
the Business and Professions Code.
(c) "Hazardous substance removal" has the same meaning as used in
Section 7058.7 of the Business and Professions Code.
(a) All asbestos-related work and hazardous substance
removal shall be performed pursuant to a contract separate from any
other work to be performed, when the presence of asbestos or
hazardous substances is not disclosed in the bid or contract
(b) All asbestos-related and hazardous substance removal work
which is disclosed in the bid or contract documents shall not require
a separate contract from any other work to be performed.
(c) In the event the contractor encounters on the site materials
he or she reasonably believes to be asbestos or a hazardous
substance, and the asbestos or hazardous substance has not been
rendered harmless, the contractor may continue work in unaffected
areas reasonably believed safe, and shall immediately cease work on
the area affected and report the condition to the owner, or the owner'
s representative, or architect in writing.
(d) With regard to a public entity, if an emergency condition
arises, as defined in Section 10122 or 22035 of the Public Contract
Code, then all asbestos-related and hazardous substance removal shall
be contracted and performed pursuant to Section 10122 or 22035 of
the Public Contract Code, respectively. Contractors performing the
work shall have all registration and certificates required pursuant
to the Labor Code and the Business and Professions Code.
Notwithstanding any other provision of law, a contractor
who is not certified pursuant to Section 7058.6 of the Business and
Professions Code may bid on a project involving asbestos related work
so long as the asbestos-related work is performed by a contractor
who is registered pursuant to Section 6501.5 of the Labor Code and
certified pursuant to Section 7058.6 of the Business and Professions