Section 25915.2 Of Chapter 10.4. Asbestos Notification From California Health And Safety Code >> Division 20. >> Chapter 10.4.
25915.2
. (a) Notice provided pursuant to this chapter shall be
provided in writing to each individual employee, and shall be mailed
to other owners designated to receive the notice pursuant to
subdivision (a) of Section 25915.5, within 15 days of the first
receipt by the owner of information identifying the presence or
location of asbestos-containing construction materials in the
building. This notice shall be provided annually thereafter. In
addition, if new information regarding those items specified in
paragraphs (1) to (5), inclusive, of subdivision (a) of Section 25915
has been obtained within 90 days after the notice required by this
subdivision is provided or any subsequent 90-day period, then a
supplemental notice shall be provided within 15 days of the close of
that 90-day period.
(b) Notice provided pursuant to this chapter shall be provided to
new employees within 15 days of commencement of work in the building.
(c) Notice provided pursuant to this chapter shall be mailed to
any new owner designated to receive the notice pursuant to
subdivision (a) of Section 25915.5 within 15 days of the effective
date of the agreement under which a person becomes a new owner.
(d) Subdivisions (a) and (c) shall not be construed to require
owners of a building or part of a building within a residential
common interest development to mail written notification to other
owners of a building or part of a building within the residential
common interest development, if all the following conditions are met:
(1) The association conspicuously posts, in each building or part
of a building known to contain asbestos-containing materials, a large
sign in a prominent location that fully informs persons entering
each building or part of a building within the common interest
development that the association knows the building contains
asbestos-containing materials.
The sign shall also inform persons of the location where further
information, as required by this chapter, is available about the
asbestos-containing materials known to be located in the building.
(2) The owners or association disclose, as soon as practicable
before the transfer of title of a separate interest in the common
interest development, to a transferee the existence of
asbestos-containing material in a building or part of a building
within the common interest development.
Failure to comply with this section shall not invalidate the
transfer of title of real property. This paragraph shall only apply
to transfers of title of separate interests in the common interest
development of which the owners have knowledge. As used in this
section, "association" and "common interest development" are defined
in Sections 4080 and 4100 or Sections 6528 and 6534 of the Civil
Code.
(e) If a person contracting with an owner receives notice pursuant
to this chapter, that contractor shall provide a copy of the notice
to his or her employees or contractors working within the building.
(f) If the asbestos-containing construction material in the
building is limited to an area or areas within the building that meet
all the following criteria:
(1) Are unique and physically defined.
(2) Contain asbestos-containing construction materials in
structural, mechanical, or building materials which are not
replicated throughout the building.
(3) Are not connected to other areas through a common ventilation
system; then, an owner required to give notice to his or her
employees pursuant to subdivision (a) of Section 25915 or 25915.1 may
provide that notice only to the employees working within or entering
that area or those areas of the building meeting the conditions
above.
(g) If the asbestos-containing construction material in the
building is limited to an area or areas within the building that meet
all the following criteria:
(1) Are accessed only by building maintenance employees or
contractors and are not accessed by tenants or employees in the
building, other than on an incidental basis.
(2) Contain asbestos-containing construction materials in
structural, mechanical, or building materials which are not
replicated in areas of the building which are accessed by tenants and
employees.
(3) The owner knows that no asbestos fibers are being released or
have the reasonable possibility to be released from the material;
then, as to that asbestos-containing construction material, an owner
required to give notice to his or her employees pursuant to
subdivision (a) of Section 25915 or Section 25915.1 may provide that
notice only to its building maintenance employees and contractors who
have access to that area or those areas of the building meeting the
conditions above.
(h) In those areas of a building where the asbestos-containing
construction material is composed only of asbestos fibers which are
completely encapsulated, if the owner knows that no asbestos fibers
are being released or have the reasonable possibility to be released
from that material in its present condition and has no knowledge that
other asbestos-containing material is present, then an owner
required to give notice pursuant to subdivision (a) of Section 25915
shall provide the information required in paragraph (2) of
subdivision (a) of Section 25915 and may substitute the following
notice for the requirements of paragraphs (1), (3), (4), and (5) of
subdivision (a) of Section 25915:
(1) The existence of, conclusions from, and a description or list
of the contents of, that portion of any survey conducted to determine
the existence and location of asbestos-containing construction
materials within the building that refers to the asbestos-containing
materials described in this subdivision, and information describing
when and where the results of the survey are available pursuant to
Section 25917.
(2) Information to convey that moving, drilling, boring, or
otherwise disturbing the asbestos-containing construction material
identified may present a health risk and, consequently, should not be
attempted by an unqualified employee. The notice shall identify the
appropriate person the employee is required to contact if the
condition of the asbestos-containing construction material
deteriorates.