This information is intended to help Indiana child care providers (unlicensed, licensed, or registered) identify state and federal regulations pertaining to renovation and demolition projects at their facilities. During renovation or demolition, asbestos or lead containing material may be disturbed. The requirements for removal, handling, and disposal of regulated asbestos and lead containing materials are discussed here. Specific regulations have only been summarized; therefore, consultation of applicable standards is necessary.
Asbestos is a health concern because it is a toxic substance and a known carcinogen. Intact, undisturbed asbestos-containing materials generally do not pose a health risk. However, these materials can become hazardous and pose increased risk when they are damaged, disturbed, or deteriorate over time and release asbestos fibers into the air.
When is a project regulated?
All facilities (regardless of age) must be inspected by an Indiana licensed asbestos building inspector prior to the commencement of demolition or renovation activities. Even if no asbestos is present in the facility, proper notification of demolition or renovation (asbestos abatement) activity requirements must still be followed. Those working to remove asbestos must be licensed to work in Indiana.
All projects involving removal or wrecking of a load supporting structural member are considered demolition and require notification and, if asbestos is present, additional regulatory requirements will apply. Renovation projects occur when the facility or one or more of it’s components is altered in any way, including stripping or removal of regulated asbestos-containing material from a facility component.
A component is any part of the building structure including packings, gaskets, floor covering, roofing products, insulation, surfacing material, etc. There are thousands of materials in any structure that could potentially contain asbestos. Thus, a highly trained licensed asbestos inspector is the only person who can conclude a material does not contain asbestos.
Operations involving roofing materials and floor tiles may not need to comply with several of the following requirements. Contact the Indiana Department of Environmental Management at (888) 574-8150 for information on determining compliance requirements in these situations.
When am I Required to Notify the State about a Renovation or Demolition?
Prior to beginning the renovation or demolition, you must:
- Use an Indiana licensed asbestos inspector to determine whether or not asbestos is present (IDEM Office of Air Quality).
- If no asbestos is found:
- Work may begin where a demolition activity will occur, but the owner or operator must still notify IDEM within 10 working days of the demolition activity. Obtain a notification form online (available on the IDEM Forms page), or call (317) 232-4861.
- Where a renovation activity that does not involve asbestos will occur, the owner or operator does not need to notify IDEM before beginning the activity.
- If asbestos is found:
- An Indiana licensed asbestos abatement contractor must be used to remove the asbestos containing material prior to any activity (including demolition) that may disturb the material.
- Where a renovation activity which will involve the removal of asbestos, the owner or operator must notify IDEM's Office of Air Quality within 10 working days of the activity where regulated asbestos levels that are being stripped, removed, or disturbed exceed the following limits:
- greater than or equal to 260 linear ft. on pipes
- greater than or equal to 160 sq. ft. on other components
- greater than or equal to 35 cubic ft. on all components
- Projects smaller than these amounts listed above are considered small-scale asbestos removal projects and are exempt from IDEM notification requirements. These projects however are not exempt from proper asbestos work practices.
- Where a demolition activity will occur after the abatement has been completed, the owner or operator must notify IDEM within 10 working days of the demolition activity.
Notifications are reviewed by IDEM for timeliness/completeness and if the notices are not timely/complete a warning letter may sent to the individual who submitted the notice.
There is a $50 asbestos demolition/renovation fee for those projects involving less than 2,600 linear feet of friable asbestos containing materials on pipes, or 1,600 square feet or 400 cubic feet of friable asbestos containing material on other facility components. Demolition or renovation projects involving greater than these amounts of friable asbestos must pay a fee of $150. IDEM bills owners/operators who submit asbestos demolition/renovation notifications on a quarterly basis.
What Training is Required for Asbestos Workers?
Individuals need to acquire training before working on an asbestos abatement project. Below is a list of the licensed positions necessary for regulated abatement projects. A list of Indiana approved asbestos contractors and inspectors is available online.
- You must use an Indiana licensed asbestos inspector to thoroughly inspect your facility for asbestos in the area where the demolition or renovation will occur. (OAQ, OSHA) If the inspector finds asbestos which will be disturbed, stripped, or removed, then the following trained employees may be necessary when handling and removing asbestos-containing material.
- You must use a licensed contractor who will employ at least one licensed supervisor and one licensed worker (IDEM Office of Air Quality). The licensed project supervisor must be on-site in the work area during the asbestos removal project (IDEM OAQ, OSHA). Licensed abatement workers must be used for asbestos removal. The level of training varies depending on the type of asbestos and the nature of the work (IDEM OAQ, OSHA). Maintenance and repair workers cleaning the asbestos abatement area must receive training (OSHA).
- Be sure to use laboratories approved by the National Institute of Standards and Technology (NIST), the American Industrial Hygiene Association, or a similar organization to test the sample in accordance with OSHA or NIOSH methods.
What must I Communicate to Employees?
Building and facility owners must maintain records of the presence, location, and quantity of presumed asbestos-containing materials. OSHA requires that employers communicate the hazards of presumed asbestos-containing materials located in the building to employees who may be exposed to these materials. For example, an employer must post a sign outside a mechanical room where a pipe containing asbestos is located. The sign must:
- Identify the presumed asbestos-containing material.
- Identify the location of the presumed asbestos-containing material.
- Identify the appropriate work practices, which, if followed, will ensure the presumed asbestos-containing material will not be disturbed.
- The pipe must also be labeled. The label must say:
CONTAINS ASBESTOS FIBERS
AVOID CREATING DUST
CANCER AND LUNG DISEASE HAZARD
Are there Additional Asbestos Requirements?
There are additional regulations which apply to employee health and safety; emission controls during the renovation or demolition; and transportation and disposal of the asbestos-containing waste. Although your contractor may handle these requirements on your behalf, ultimately, you will be held responsible if the regulations are not properly followed. A few of these requirements are listed below. For additional information on these regulations contact the appropriate regulatory agencies.
- Remove all regulated asbestos-containing material (RACM) from the facility being demolished or renovated before any activity begins that would break up, dislodge, or similarly disturb the material or preclude access to the material from subsequent removal;
- Ensure that all RACM exposed during removal is adequately wetted or provide alternatives to control asbestos emissions, such as a local exhaust ventilation and collection systems;
- After wetting, all asbestos-containing waste material shall be sealed in leak tight packaging while wet and shall be labeled and disposed of properly;
- For any stripped or removed friable asbestos-containing materials (asbestos or asbestos containing materials that are readily crumbled, and therefore capable of becoming airborne) that are left at the facility or stored elsewhere prior to disposal, store such material in a secure manner so that it cannot be vandalized or otherwise disturbed;
- Ensure there are no discharges of visible air emissions during the collection, processing, packaging, transportation, or disposal process;
- Properly mark vehicles used to transport asbestos containing waste material;
- Place all RACM in leak tight containers with proper labels;
- Fill out the Asbestos Waste Shipment/Disposal Record for each shipment; and,
- RACM must be disposed of in a state permitted municipal solid waste landfill.
Where Can I Get Further Assistance:
- For assistance with asbestos notifications and removal requirements, contact the IDEM Office of Air Quality at (317) 233-6880 or (888) 574-8150.
- For questions regarding proper asbestos disposal, contact the IDEM Office of Land Quality (317) 308-3008.
- For information on protection of employees from airborne asbestos in the workplace, contact the Indiana Department of Labor Bureau of Safety, Education, and Training (BuSET) at (317) 232-2688, and ask to speak with a Consulting Industrial Hygienist.
- A list of Indiana licensed lead contractors is available online.
Beginning April 2010, federal law will require contractors that are hired to perform renovation, repair and painting projects in homes, child care facilities, and schools built before 1978 that disturb lead-based paint to be certified and follow specific work practices.
Lead can affect children’s brains and developing nervous systems, causing reduced IQ, learning disabilities, and behavioral problems. Lead-based paint was banned for residential use in 1978. Projects, including renovation, repair, and painting, that disturb lead-based paint can create lead dust and endanger employees and children.
When is a project regulated?
Anyone who is paid to perform work that disturbs paint in housing and child care facilities built before 1978 is subject to this rule. This could include:
- Rental property owners
- General contractors
Any activity that disturbs paint in pre-1978 housing or child care facilities is subject to this rule and includes:
- Remodeling and repair/maintenance
- Electrical work
- Window replacement
The following are exempt from this rule:
- Housing or child care facilities built in 1978 or later
- Housing for elderly or disabled persons, unless children under 6 reside or are expected to reside there
- Zero-bedroom dwellings (studio apartments, dormitories, etc.)
- Housing or components declared lead-free by a certified inspector or risk assessor
- Minor repair and maintenance activities that disturb 6 square feet or less of paint per room inside, or 20 square feet or less on the exterior of the building
Note: minor repair and maintenance activities do not include window replacement and projects involving demolition or prohibited practices.
What does the Rule Require Me to Do?
After April 2010, if your facility was built prior to 1978 and you are paying someone to perform work that disturbs paint or to replace windows, you must hire someone who is certified and trained as a renovator. A certified renovator is a renovator who has successfully completed a renovator course accredited by the U.S. Environmental Protection Agency (U.S. EPA) or a U.S. EPA authorized State program.
Note: Because the term "renovation" is defined broadly by this rule, many contractors who are not generally considered "renovators", as that term is commonly used, are considered to be "renovators" under this rule and must follow its requirements.
If your facility has its own maintenance person who performs work that could disturb lead paint, then they must attend training and become a certified renovator to continue to perform this work and meet this rule’s requirements.
What does the Rule Require the Contractor to Do?
The person you are paying to perform the work must comply with the following:
- Distribute the lead pamphlet to the owner of the building or an adult representative of the child care facility before the renovation starts.
- Distribute renovation notices to parents/guardians of the children attending the child care facility or post informational signs about the renovation or repair job.
- Informational signs must:
- Be posted where they will be seen;
- Describe the nature, locations, and dates of the renovation; and,
- Be accompanied by the lead pamphlet or by information on how parents and guardians can get a free copy.
- Obtain confirmation of receipt of the lead pamphlet from the owner, adult representative, or a certificate of mailing from the post office.
- Firms must be certified and renovators must be trained. At least one certified renovator is assigned to the project.
- Lead-safe work practices must be followed. Examples include:
- Work-area containment to prevent dust and debris from leaving the work area.
- Prohibition of certain work practices like open-flam burning and the use of power tools without HEPA exhaust control.
- Thorough clean up followed by a verification procedure to minimize exposure to lead-based paint hazards.
- Verify the work area is adequately cleaned and ready for re-occupancy.
There are additional requirements for those conducting the work. Refer to the U.S. EPA Web site for the complete rule.
Is painting considered renovation if no surface preparation activity occurs?
No. If the surface to be painted is not disturbed by sanding, scraping, or other activities that may cause dust, the work is not considered renovation and this rule does not apply. However, painting projects that involve surface preparation that disturbs paint, such as sanding and scraping, would be covered.
Is a renovation performed by a landlord or employees of a property management firm considered a compensated renovation under this rule?
Yes. The receipt of rent payments or salaries derived from rent payments is considered compensation under this program. Therefore, renovation activities performed by landlords or employees of landlords are covered.
Where Can I Get More Information?
Further information is available from the National Lead Information Center (800-424-LEAD) and on the U.S. EPA Web site.