• A checkbox on the permit application form that states a survey was completed.

• Letter from a licensed asbestos inspector stating that a survey has been completed in accordance with federal and state requirements.

• Copy of the Asbestos Survey Report.

• Drawings (to scale) showing the location of asbestos samples collected.

• Letter from a licensed asbestos inspector stating that asbestos is no longer present in the facility or portion of the facility to be disturbed.

As you can see, there is a wide variety among municipalities for what they consider to be acceptable proof. Best advice—contact your municipality (building permits section) well ahead of the time that you will need your permit so that you can determine what they require to issue the permit.

What’s Involved in Getting a Survey Done? First of all, it has been a federal and state requirement to complete a thorough asbestos survey prior to any renovation or demolition activity for many years! SB509 now makes the municipalities ask for proof that the survey was done! Since the requirement has been around for a long time, there are many firms that are licensed in Texas to perform asbestos surveys. The Texas Department of Health (TDH) regulates asbestos-related activities in Texas and maintains a list of licensed firms on their Website (http://www.tdh.state.tx.us/beh/asbestos). Note that the person or firm who does your survey must be licensed by the State of Texas and that their license number should be listed clearly on your report or letter. There are two approaches to surveying for a renovation—you can either survey the entire building (recommended) or you can survey just those portions of the building that will be or have the potential to be impacted by the renovation. Caution: If you survey just a portion of the building and then change or expand your renovation, you’ll need another survey for those portions of the building that weren’t originally surveyed!

What materials are suspected of containing asbestos? Any building material that is not wood, glass, or metal has the potential to contain asbestos. You can obtain a list of suspect materials from the Environmental Protection Agency’s (EPA’s) Region 6 Website (http://www.epa.gov/Region06/6pd/asbestos/asbmatl.htm). The list includes things such as wallboard/sheetrock, joint compound, wall and ceiling textures, vinyl floor tiles, pipe and wall insulation, caulks and putties, ceiling tiles, textured paints and coating, etc.

Surveys are destructive by nature. To sample suspect asbestos-containing materials, the inspector must collect a small piece of the material (approximately the size of a quarter) and submit it to a licensed laboratory for microscopic analysis. Furthermore, state law requires three samples of each suspect material be collected and analyzed to conclusively determine if it contains asbestos.

Surveys take time. Be sure that you allow yourself enough time to complete the survey before applying for your building permit. In general, most firms cannot respond to a request for a survey for at least one week. It typically takes another two to three weeks for the firm to complete the survey, obtain the laboratory results, and compile a report for you. That means you need at least one month prior to obtaining your permit to get this task completed.

Surveys cost money. The simplest survey still requires that a licensed inspector visit your site, even if you have no suspect materials. Therefore, most firms cannot perform even the simplest survey for less than approximately $500. Costs often run into the thousands, depending on the complexity of the situation.

Example 1: If you are moving a single wall inside a building, it may require as many as 12 samples, depending on the circumstances. A survey including 12 samples, a site plan, and a report could easily run between $1,000 and $2,000.

Example 2: If you are demolishing a 40,000-square-foot warehouse, it may require 60–90 samples including hidden spaces, roofing, and pipe chases. A demolition survey of this magnitude will typically include a site plan, scaled drawings of each asbestos-containing material, square footages of each material, and possibly an estimate of abatement costs. This type of survey could easily cost $20,000 and take four to six weeks to complete.

Although you may think these costs are high, consider that each licensed inspector has invested a significant amount of time and money going through required training, annual refresher training, exams, and licensing. In addition, each firm that inspects for asbestos must carry a minimum of $1 million in liability insurance just to obtain their license! Each laboratory that analyzes asbestos samples has similar training, licensing, and insurance requirements. Remember, these are professionals who have invested in significant education beyond their college degree to become qualified in the asbestos arena. Hopefully, this changes your perspective slightly on the cost of a valid survey!

What happens if you don’t do a survey? First, it’s likely that the municipality will not issue your renovation or demolition permit. If you proceed without a permit, you may be subject to fines and penalties as defined in the municipality’s codes or ordinances.

Second, if the Texas Department of Health (TDH) visits your renovation/demolition site, they will request proof of your survey. If you cannot provide the proof, you will be subject to fines and penalties set by TDH—a maximum of $10,000 per day per violation! AND—you’ll still have to do a survey!

Third, you could be in violation of Occupational Safety & Health Administration (OSHA) rules pertaining to asbestos exposure of employees. If you don’t do a survey, you won’t know which materials contain asbestos and require special handling and disposal. If you are removing asbestos-containing materials without protecting your workers, you may be subject to fines and penalties from OSHA or lawsuits from your workers.

Fourth, you could be in violation of EPA’s National Emissions Standards for Hazardous Air Pollutants (NESHAP) relating to the release of asbestos fibers into the air. You may be subject to the fines and penalties EPA sets for NESHAP violations.

In summary:

• You can no longer obtain municipal renovation or demolition permits without proof of an asbestos survey—Senate Bill 509.

• Virtually all building materials have the potential to contain asbestos unless they are wood, glass, or metal.

• You must do an asbestos survey prior to renovation or demolition of a public building—federal and state law.

• Plan on the survey taking at least one month—conservative estimate.

• Plan on the survey costing between $500 and $2,000 for a small-scale renovation—conservative estimate.

• Avoid potential fines in excess of $10,000 per day per violation by complying with the law!