Section 6509.5 Of Chapter 6. Permit Requirements From California Labor Code >> Division 5. >> Part 1. >> Chapter 6.
6509.5
. (a) If an asbestos consultant has made an inspection for
the purpose of determining the presence of asbestos or the need for
related remedial action with knowledge that the report has been
required by a person as a condition of making a loan of money secured
by the property, or is required by a public entity as a condition of
issuing a permit concerning the property, the asbestos consultant or
any employee, subsidiary, or any company with common ownership,
shall not require, as a condition of performing the inspection, that
the consultant also perform any corrective work on the property that
was recommended in the report.
(b) This section does not prohibit an asbestos consultant that has
contracted to perform corrective work after the report of another
company has indicated the presence of asbestos or the need for
related remedial action from making its own inspection prior to
performing that corrective work or from making an inspection to
determine whether the corrective measures were successful and, if
not, thereafter performing additional corrective work.
(c) A violation of this section is grounds for disciplinary action
against any asbestos consultant who engages in that work pursuant to
any license from a state agency.
(d) A violation of this section is a misdemeanor punishable by a
fine of not less than three thousand dollars ($3,000) and not more
than five thousand dollars ($5,000), or by imprisonment in the county
jail for not more than one year, or both.
(e) For the purpose of this section:
(1) "Asbestos consultant" means any person who, for compensation,
inspects property to identify asbestos containing materials,
determining the risks, or the need for related remedial action.
(2) "Asbestos" has the meaning set forth in Section 6501.7.