A. When used in this Chapter, the following definitions shall apply:

(1) Asbestos. Asbestiform varieties of chrystotile, crocidolite, amosite, actinolite, anthophylite, and tremolite.

(2) Asbestos Material. Any substance which contains more than one (1%) percent asbestos by weight.

(3) Friable Asbestos Material. Any asbestos material that, when dry, can be crumbled, pulverized, or reduced to powder by hand pressure, including any asbestos material that will be crumbled, pulverized or reduced to powder by the proposed asbestos project.

(4) Asbestos Abatement. Any activity designed to control fiber release from asbestos material and prevent asbestos exposure, including removal, enclosure, or encapsulation of asbestos materials.

(5) Removal. The taking out or stripping of asbestos materials.

(6) Enclosure. The erection of air-tight, impact-resistant barriers around asbestos materials to prevent the release of asbestos fibers into the environment.

(7) Encapsulation. The spraying or coating of exposed asbestos materials with an approved sealant to prevent the release of asbestos fibers.

(8) Asbestos Project. Any activity involving the removal, enclosure, or encapsulation of asbestos materials or any renovation, repair, or demolition which disturbs asbestos materials.

(9) Renovation. Any modification of existing structures in a building or private residence.

(10) Repair. Restoration, reconstruction, or reconditioning of structures or fixtures in a building or private residence.

(11) Demolition. The taking out or wrecking of load-supporting structures in a building or private residence.

(12) Major Asbestos Project. Any project, except in a private residence, which involves within one (1) year, the removal, enclosure, or encapsulation of or any renovation, repair, or demolition work which disturbs or damages either:

(a) eighty (80) square feet or more of friable asbestos material from ceilings, walls, structural members, mechanical components, or other surfaces at one location; or

(b) forty (40) linear feet or more of asbestos pipe covering at one location.

(13) Minor Asbestos Project. Any project involving, within one (1) year, the removal, enclosure, or encapsulation of or any renovation, repair, or demolition work which disturbs or damages either:

(a) more than twelve (12) square feet but less than eighty (80) square feet of friable asbestos material at one location; or

(b) more than three (3) linear feet but less than forty (40) linear feet of asbestos pipe covering at one location; or

(c) any asbestos project in a private residence involving more than twelve (12) square feet of friable asbestos material, or more than three (3) linear feet of asbestos pipe covering.

(14) Structural Member. Any load-supporting member of a structure, such as beams or load-supporting walls; or any non-load-supporting member, such as ceilings or non-load-supporting walls.

(15) License. A document issued by the Department of Licenses and Inspections, after approval of the Department of Public Health, authorizing a contractor to engage in the business of asbestos abatement or renovation, repair or demolition work involving asbestos materials.

(16) Permit. A document issued by the Department of Licenses and Inspections, after approval by the Department of Public Health, authorizing a contractor or any other person to commence a major asbestos project.

(17) Building. Any public or private commercial, industrial, or institutional structure or any residential structure which contains four (4) or more dwelling units.

(18) Private Residence. Any private residential structure which contains less than four (4) dwelling units.

(19) Building Owner. The owner of a building or his/her authorized representative.

(20) Building Occupants. Employees, tenants, or other persons who live, work or utilize the services offered in a building.

(21) Asbestos Contractor. A business or individual who contracts to perform asbestos abatement or renovation, repair, or demolition work involving asbestos materials.

(22) Asbestos Worker. Any person who directly performs or supervises asbestos abatement or renovation, repair, or demolition work involving asbestos materials.

(23) Asbestos Project Supervisor. Any person employed by an asbestos contractor or building owner to supervise asbestos project activity.

(24) Employer. A body, person, board, corporation, partnership, proprietorship, joint venture, fund, authority, or similar entity employing, permitting, or suffering another to work. This term shall apply to private employers and to the City and its agencies, schools, institutions, or authorities recognized by it.

(25) Employee. Any person permitted or suffered to work by an employer.

(26) Authorized Employee Representative. A person designated by the employees or the designated representative of an employee organization recognized or certified to represent the employees.

(27) Discriminatory Action. Any action by an employer which adversely affects an employee with respect to any terms or conditions of employment or opportunity for promotion including, but not limited to, the action of dismissal, layoff, suspension, demotion, transfer of job or location, reduction in wages, changes in hours of work, or reprimand.

(28) Certified Asbestos Worker. A person who has completed an approved training or review course and has received a training certificate.

(29) Independent Certified Asbestos Project Inspector. A technically qualified individual approved by the Department of Public Health and employed or retained by a building owner to perform continuous monitoring of a major asbestos project. An asbestos project inspector shall not be associated with the asbestos contractor on the project.

(30) Independent Certified Laboratory. Any analytical testing laboratory approved by the Department of Public Health to analyze bulk, dust, or air samples for asbestos. The laboratory utilized for analysis of samples from an asbestos project shall not be associated with the contractor performing the asbestos work on the project.

(31) Technically Qualified Individual. An individual with professional or technical education, training, or experience, who understands the health and safety risks associated with asbestos exposure and has a working knowledge of the precautions, procedures, and equipment required for proper asbestos removal, renovation, or demolition.

(32) Re-occupancy Standard. A maximum allowable concentration of airborne asbestos fibers established by the Department of Public Health for re-occupancy of a building, private residence, or portion thereof following completion of an asbestos project.

(33) Air Monitoring. The process of sampling and measuring the fiber content of a known volume of air in a known period of time.

(34) HEPA. A High Efficiency Particulate Absolute filter capable of filter efficiency at ninety-nine and ninety-seven one-hundredths percent (99.97%) of a test aerosol with an average particle size of three-tenths (0.3) microns.

(35) Containment Bag. A plastic bag specifically designed to permit the removal of asbestos insulation material without releasing fibers into the air.

(36) Department. Department of Public Health.

(37) Board. Board of Health.

(38) Commissioner. Health Commissioner.

(39) Person. Any individual, natural person, syndicate, association, partnership, firm, corporation, institution, trustee, agency, authority, department, bureau, or other legal entity.

(40) Asbestos Inspection Report. A document prepared by an independent certified asbestos investigator concerning the presence and condition of asbestos material in a building.

(41) Independent Certified Asbestos Investigator. An individual approved by the Department of Public Health and employed or retained by a building owner to identify the presence and evaluate the condition of asbestos material in a building. An asbestos investigator shall not be associated with the contractor employed to perform the alteration or demolition work in the building.

(42) Location. Any work area in which an asbestos project is undertaken, except that where contiguous minor asbestos project work areas may be practicably combined for the purpose of [36] meeting the standards for major asbestos projects, such combination of minor asbestos project work areas shall comprise one location.

(43) Emergency Situation. A condition requiring immediate removal or repair of less than eighty (80) square feet of friable asbestos material or less than twenty (20) linear feet of asbestos pipe covering where the failure to remove or repair such material would result in the shutting down of mechanical systems or manufacturing equipment.
(44) Small Asbestos Project. Any project involving the removal, enclosure, or encapsulation of or any renovation, repair or demolition work which disturbs or damages either:

(a) twelve (12) square feet or less but more than five (5) square feet of friable asbestos material at one location; or

(b) three (3) linear feet or less but more than one (1) linear foot of asbestos pipe covering at one location.

(45) Incidental Asbestos Project. A project that disturbs or damages either:

(a) five (5) square feet or less of friable asbestos material at one location; or

(b) one (1) linear foot or less of asbestos pipe covering at one location.