Rule 1206: YES, it Applies to You!
Monday, November 5, 2018

Section: News

By Shelby Ballow, Dowling Construction
San Diego County adopted Rule 1206 last November, but it has taken some time for the information to make the rounds in the CRE industry. Rule 1206 is applicable to owners and operators of any demolitions & renovations and requires asbestos testing for areas being disturbed. The discussion at the seminar last month, hosted by Barry Garson with J&M Keystone, could have lasted hours as there are many facets to Rule 1206. One of the speakers, Tami Daiber-Hirst, RPA, FMA Chief Operating Officer at Carleton Management, Inc., recommends that “PM’s, their staff and contractors/vendors should be informed, and PM’s should educate their team and property owners if they are uninformed.”
 Below is a brief summary to introduce you to Rule 1206—please check out the County’s website for a full description.
1. An asbestos test is required for any disturbed area of a renovation (tenant improvement) or demolition at a facility or regulated structure. i.e. If you are re-doing a breakroom with new finishes and increasing the size, the flooring and wall(s) to be demoed would need to be tested.
2. Building age does not matter, no exceptions! Even if your building was erected in 2018, there is no guarantee the materials installed were not manufactured with ACMs (asbestos containing materials).
3. Rule 1206 impacts owners, managers, and several building trades like general contractors, roofers, and plumbers. 
4. Testing involves taking samples of affected areas. Results from the lab vary from a few hours to a week. Prepare your owners and tenants for added time to the construction schedule. 
5. The Owner is ultimately the responsible party. The San Diego Air Pollution Control District (APCD) is the local agency responsible for enforcing proper asbestos testing/removal, and failure to adhere can result in fines, job site shut downs, and notification of other agencies such as OSHA, Environmental Health, and respective building permit departments. 
The ACPD holds monthly free education sessions about Rule 1206 at their office. We encourage you to sign up to learn about this new regulation in more detail.