A4103

An Act requiring permit for certain residential construction work involving asbestos, and supplementing P.L.1984, c.173 (C.34:5A-32 et seq.) and P.L.1975, c.217 (C.52:27D-119 et seq.).

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. As used in this section:

"Asbestos" means the asbestiform varieties of chrysotile (serpentine); crocidolite (riebeckite); amosite (cummuningtonite-grunerite); anthophyllite; tremolite; and actinolite.

"Asbestos-containing material" means any material which contains more than 1 percent asbestos by weight.

"Construction permit" means a permit issued pursuant to section 12 of P.L.1975, c.217 (C.52:27D-130).

"Duplex" means a building or structure of one or more stories and any land appurtenant thereto, and any portion thereof, in which exactly two units of residential dwelling space are occupied, or are intended to be occupied by two households who live independently of each other.

"Enforcing agency" means the same as the term is defined in section 3 of P.L.1975, c.217 (C.52:27D-121). "Enforcing agency" shall also mean the commissioner, in municipalities for which the commissioner has assumed the task of administering and enforcing the State Uniform Construction Code pursuant to section 10 of P.L.1975, c.217 (C.52:27D-128).

"Single-family home" means a building or structure of one or more stories and any land appurtenant thereto, and any portion thereof, in which exactly one unit of residential dwelling space is occupied, or intended to be occupied by one household.

"Townhouse" means a dwelling unit intended for occupancy by one household, and constructed in a group of three or more attached units in which each unit extends from foundation to roof and with a yard or public way on not less than two sides.

b. Notwithstanding any provision of law to the contrary, an employee, or any other person, performing functions of application, enclosure, repair, removal, or encapsulation of asbestos-containing material on the interior or exterior of a single-family home, duplex, or townhouse, shall first apply to the enforcing agency to obtain a construction permit. This permit shall be required in addition to any other permitting requirements from other enforcement entities.

c. Unless separately required by an enforcing agency, or by the rules and regulations adopted by the Commissioner of Community Affairs pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), the requirements established pursuant to this section shall not apply if the area of asbestos-containing material to be involved in an application, enclosure, repair, removal, or encapsulation project consists of less than 1,000 square feet of surface area.

2. Pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), a construction permit shall be required for certain projects involving the application, enclosure, repair, removal, or encapsulation of asbestos-containing material on the interior or exterior of a single-family home, duplex, or townhouse.

3. The Commissioner of Community Affairs shall, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations as necessary to effectuate the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).

4. This act shall take effect on the first day of the third month next following enactment, except the Commissioner of Community Affairs shall take anticipatory action necessary to effectuate the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).

STATEMENT

This bill requires a construction permit for certain work involving asbestos on the interior or exterior of a single-family home, duplex, or townhouse.

Although work that involves the handling of asbestos is substantially regulated pursuant to the "Asbestos Control and Licensing Act," P.L.1984, c.173 (C.34:5A-32 et seq.), and other statutes and regulations, current law often permits this work to be conducted without obtaining a construction permit for the purpose of the asbestos-related work.

This bill requires an employee, or any other person, performing functions of application, enclosure, repair, removal, or encapsulation of asbestos-containing material on the interior or exterior of a single-family home, duplex, or townhouse, to first apply to the construction code enforcing agency to obtain a construction permit. This permit is to be required in addition to any other permitting requirements from other enforcement entities.

Unless separately required by a construction code enforcing agency, or by the rules and regulations of the Commissioner of Community Affairs (commissioner), the requirements established by the bill are not to apply if the area of asbestos-containing material to be involved in an application, enclosure, repair, removal, or encapsulation project consists of less than 1,000 square feet of surface area.

The bill directs the commissioner to adopt rules and regulations as necessary to effectuate the provisions of the bill. The bill is to take effect on the first day of the third month following enactment, except the commissioner is to take anticipatory action as necessary.