Asbestos is the name given to a number of naturally occurring, fibrous silicate minerals mined for their useful properties such as thermal insulation, chemical and thermal stability, and high tensile strength. Asbestos is commonly used as an acoustic insulator, and in thermal insulation, fire proofing and other building materials. Many products in use today contain asbestos. Asbestos is made up of microscopic bundles of fibers that may become airborne when asbestos- containing materials (ACM) are damaged or disturbed. When these fibers get into the air they may be inhaled into the lungs, where they can cause significant health problems.
Our division is responsible for enforcing air quality standards in Lucas County. This responsibility includes ensuring that all demolition and renovation projects adequately address issues regarding asbestos. The Toledo Municipal Code requires all renovation projects involving 50 linear feet of ACM on pipes or 50 square feet of ACM on any other facility components must submit a Notification of Demolition and Renovation to the Toledo Division of Environmental Services (TDOES). The Ohio Department of Health states that only certified Asbestos Hazard Evaluation Specialists may perform an inspection to determine the presence of asbestos, and the need for an asbestos removal project.
Regulations require that every demolition of a facility require notification regardless of the presence of asbestos. A demolition is defined in federal law as the “wrecking or removal of any load-bearing structural member of a facility, or intentional burning of any facility”. The Toledo Municipal Code also requires a submission of a notification fee with the Notification of Demolition and Renovation. A minimum fee of $50 must be submitted. This fee is subject to increase if asbestos needs to be removed from the structure. Feel free to contact our division regarding these fees. Ohio may also impose additional asbestos removal fees. Ohio and City of Toledo fees are separate and both must be paid. Federal law provides a Residential Exemption from these requirements when the following conditions are satisfied:
1. The work is being performed on a single-family dwelling or an apartment complex with less than five units
2. The work is not being performed as part of a larger project
3. No previous work on the same site has been performed in the same calendar year
If you believe that you qualify for a Residential Exemption, please contact our division. By law, only TDOES is allowed to make this determination. Failure to comply with federal requirements carries a maximum fine of $25,000 per day, per violation.
Additional information for filling out the notification form part A: If your project involves renovation/demolition of a residential home only, please answer the following questions to determine exemption:
Does this renovation/demolition project involve more than one residential building at the same site with the same owner/operator?
Is the building currently being used, or has it ever been used as a commercial, government, day care, office, church, charitable, or other non-profit business?
Has this one residential building been divided into five or more dwellings?
Is the building to be demolished part of a highway or road widening project?
Is the building part of a cooperative, apartment, or condo building?
Is the building used for military housing?
Have other residences, or non-residential, buildings at this site been scheduled to be demolished now, or in the future, as part of a larger project?
Does the thorough asbestos survey of the area to be renovated identify 160 square feet, 260 linear feet of thermal insulation, or 35 cubic feet of friable (crushable by hand) asbestos?
Does the renovation include demolition of load supporting structural members?
If you answered yes to any of these questions you may be required to:
- have an asbestos survey of the buildings or facility
- get NESHAP Notification, submitted ten working days prior to renovation/demolition
- pay a $50 Renovation/Demolition fee
- contact Environmental Services at 419-936-3015