N.J. Admin. Code § 5:23-8.7

Current through Register Vol. 56, No. 18, September 16, 2024

Section 5:23-8.7 - Inspections; violations

(a) Pre-commencement inspections shall be conducted as follows:

1. Notification in writing to the Asbestos Safety Control Monitor shall be made by the applicant or contractor to request a pre-commencement inspection at least 48 hours in advance of the desired date of inspection. This inspection shall be requested each time another work area is started in a multi-phase project.

2. The asbestos safety technician shall ensure that:

i. The work area is properly prepared and that all containment measures are in place pursuant to this subchapter;

ii. All workers shall present to the asbestos safety technician a valid work permit issued by the New Jersey Department of Labor;

iii. Measures for the disposal of removed asbestos material are in place and shall conform to the adopted standards;

iv. The contractor has a list of emergency telephone numbers at the work area which shall include the asbestos safety control monitor firm employed by the building owner and telephone numbers for fire, police, emergency squad, local hospital and health officer, New Jersey Department of Labor and New Jersey Department of Health and New Jersey Department of Community Affairs.

3. If all is in order, the asbestos safety technician, shall issue a written notice to proceed with the asbestos abatement in the field. If the project site is not in order, then any needed corrective action must be taken before any work is to commence. Conditional approval shall not be granted.

4. The Department reserves the right to make a pre-commencement inspection in addition to the required pre-commencement inspection conducted by the asbestos safety technician before a written notice to proceed is issued.

(b) Progress inspections shall be conducted as follows:

1. Primary responsibility for ensuring that the asbestos abatement work progresses in accordance with this subchapter rests with the asbestos safety technician. This asbestos safety technician shall continuously be present to observe the progress of work and perform required inspections and tests.

2. If the asbestos safety technician observes irregularities at any time, the asbestos safety technician shall direct such corrective action as may be necessary.

3. Where a sealant is required to be applied after removal, a pre-sealant inspection shall be conducted to ensure that all asbestos-containing material has been removed properly before the sealant is applied. If the pre-sealant inspection is acceptable to the asbestos safety technician, he should indicate this acceptance in writing.

(c) Clean-up inspections shall be conducted as follows:

1. Notice for clean-up inspection shall be requested by the contractor at least 48 hours in advance of the desired date of inspection;

2. The clean-up inspection shall be conducted prior to the removal of the critical barriers;

3. The asbestos safety technician shall ensure that:

i. The project site has been properly cleaned and is free of all visible dust and asbestos and asbestos-containing material; and

ii. All abated asbestos-containing material has been properly placed in a locked secure container outside of the work area.

4. If all is in order, and acceptable air results have been achieved, the asbestos safety technician shall issue a written notice of authorization to remove barriers from the work area.

(d) Final inspections shall be conducted as follows:

1. Upon notice by the owner or by the contractor and within 48 hours after the removal of the critical barriers, a final inspection shall be made to ensure the absence of any visible signs of asbestos or asbestos-containing materials and that all removed asbestos and asbestos contaminated materials have been properly disposed of off-site in accordance with the rules of the New Jersey Department of Environmental Protection and Energy, N.J.A.C. 7:26-1, which is referenced in 5:23-8.22.

2. The Department reserves the right to make a final inspection in addition to the required final inspection conducted by the asbestos safety technician before a certificate of occupancy is issued by the enforcing agency.

(e) The Department inspections shall be conducted as follows:

1. The Department shall make scheduled and/or unannounced periodic inspections of any work area involving asbestos abatement work for the purpose of enforcing this subchapter.

(f) Violations: The asbestos safety technician shall ensure that the work conforms to this subchapter. If it is found that the asbestos abatement work is being conducted in violation of this subchapter, the asbestos safety technician shall direct such corrective action as may be necessary. If the contractor fails to comply with the corrective action required, or if the contractor or any of their employees habitually and/or excessively violate the requirements of any rule, then the asbestos safety technician shall order, in writing, that the work be stopped. If the contractor fails to comply with the order, then the asbestos safety technician shall notify the enforcing agency, which shall issue a stop work order to the contractor, have the work area secured until all violations are abated, and assess a penalty, in accordance with 5:23-2.31, which shall not be reduced or settled for any reason.

N.J. Admin. Code § 5:23-8.7

Amended by R.1986 d.143, effective 5/5/1986.
See: 18 New Jersey Register 378(a), 18 New Jersey Register 949(a).
Substantially amended.
Amended by R.1987 d.525, effective 12/21/1987.
See: 19 New Jersey Register 902(a), 19 New Jersey Register 2389(a).
Added New Jersey Department of Community Affairs.
Amended by R.1989 d.342, effective 7/3/1989.
See: 20 New Jersey Register 1130(b), 21 New Jersey Register 1844(b).
Recodified old 8.7 as new 8.8 with various stylistic changes. Section 8.8 was formerly "Certificate of occupancy; certificate of completion".
In (a): added new 4.
In (d): added new 2.
In (f): revised language to specify order procedures regarding violations.
Administrative correction to (a)2.
See: 21 New Jersey Register 3747(a).
Recodified from 5:23-8.8 and amended by R.1993 d.198, effective 6/7/1993.
See: 24 New Jersey Register 1422(a), 25 New Jersey Register 2519(b).
Prior text at section, "Construction permit for asbestos abatement," recodified as 5:23-8.5.
Amended by R.2004 d.365, effective 10/4/2004.
See: 36 New Jersey Register 2605(a), 36 New Jersey Register 4441(a).
In (f), substituted "in accordance with N.J.A.C. 5:23-2.31" for "of $ 500.00".