Building Officials not requiring Asbestos Inspections

Current law in Colorado as well as federal law for all states, requires inspections of all possible asbestos containing building materials to be disturbed as a part of building renovations or demolitions to determine the presence or lack of asbestos prior to being disturbed.

Most building officials do NOT require testing for asbestos prior to renovations or demolitions as a part of the permit process. The Building Officials explanation is; that it is NOT the responsibility of the city or county building department to enforce federal and state building regulations.

The consequences of the building official’s refusal to enforce the requirements are far reaching and include possible asbestos exposure to construction workers, architects engineers, homeowners, building inspectors and anyone else who may come in contact with structures that are not tested.

Building officials that refuse to require asbestos inspections also exposes the city, county or other jurisdictions to increased liability to the building inspectors that work for the building department. Municipal building inspectors that perform inspections on renovation or demolition sites where asbestos inspections were not required by the building official may be exposed to asbestos contamination which may increase the inspectors risk to contracting an asbestos related lung disease such as mesothelioma.

City or county building inspectors that are exposed to asbestos as a result of this negligence and who contract asbestos related lung diseases may have legal recourse and sue the city or county for damages, especially when a building official knowingly refused to require inspections that may have protected government employees and public from asbestos contamination exposure.

This situation in turn places the citizens of the jurisdiction at financial risk to government employees (building inspectors) that are exposed to health risk by the building official’s irresponsible lack of action to protect the public and building department employee’s health/ safety.

The overall impact is long term and there is no doubt that future lawsuits against city/counties will be filed by city/county employees however, the building official can begin to reduce this liability risk to the public and inspectors by requiring asbestos inspections as statute dictates, consequentially, reducing the financial liability to the jurisdiction. It is a minimal burden to require that a certified asbestos inspector evaluate the structure prior to renovation or demolition and to obtain a copy of the inspection report for the building departments files.

The building official would not need to do anything other than implement the requirement and file an inspection report provided by a certified asbestos inspector.

If you have questions regarding asbestos inspection services please call InspectCO LLC at 303-800-4731.