25910-25913

HEALTH AND SAFETY CODE
SECTION 25910-25913




25910.  (a) Except as provided in subdivision (c), (d), or (e), no
person shall cause or permit the spraying of any substance containing
any amount of asbestos in or upon a building or other structure
during its construction, alteration, or repair.
   (b) Except as provided in subdivision (c), (d), or (e), no person
shall sell, transfer, purchase, or manufacture, including mix,
compound, slurry, suspend, or in any other way prepare any substance
containing any amount of asbestos which would, if sprayed in or upon
a building or other structure during its construction, alteration, or
repair, be regulated pursuant to subdivision (a).
   (c) (1) Portland cement plaster containing less than one-half of 1
percent asbestos shall be exempt from the provisions of this chapter
until July 1, 1979.
   (2) Pursuant to the provisions of Chapter 6 (commencing with
Section 140) of Division 1 of the Labor Code, on or before June 1,
1979, the Occupational Safety and Health Standards Board shall
conduct public hearings for the purpose of establishing
classifications of methods and processes which are exempt from the
prohibition of subdivision (a) for the use of portland cement plaster
which contains less than one-half of 1 percent asbestos if no
economically feasible method or process of spraying portland cement
plaster which does not contain asbestos is commercially available.
The board shall, on or before July 1, 1979, establish by regulation
such classifications, if any, of methods and processes for the use of
portland cement plaster which contains less than one-half of 1
percent asbestos which the board determines are exempt from the
prohibition of subdivision (a). After July 1, 1979, the board may,
after public hearings, amend, add, or repeal such regulations.
   (3) During any use, spraying, application, handling, storage,
repair, disposal, processing, or transportation of portland cement
plaster containing asbestos, the person who causes or permits such
acts pursuant to an exemption provided in, or adopted pursuant to,
this subdivision shall comply with the provisions of Section 5208,
Title 8, California Administrative Code as it exists on the effective
date of the amendments to this section enacted by the Statutes of
1978 or as such provisions may, thereafter, be amended. However, on
or before July 1, 1979, the board shall adopt regulations, and make
such regulations operative on July 1, 1979, to establish the time
weighted average concentration limits and ceiling concentration
limits for employee exposure to airborne asbestos fibers arising from
any use, spraying, application, handling, storage, repair, disposal,
processing, or transportation of portland cement plaster containing
asbestos pursuant to an exemption adopted pursuant to this
subdivision at levels no higher than the levels contained in
subparagraph (A), paragraph (1), subdivision (g) of Section 5208,
Title 8, California Administrative Code, as it exists on the
effective date of the amendments to this section enacted by the
Statutes of 1978 or as such regulations may, thereafter, be amended.
   (d) (1) Exterior and interior coatings and laminating resins
containing encapsulated asbestos fibers bound within the finished
product from manufacture through application, and cold process
asphalt roof coatings, shall be exempt from the provisions of this
chapter until July 1, 1979.
   (2) Pursuant to the provisions of Chapter 6 (commencing with
Section 140) of Division 1 of the Labor Code, on or before June 1,
1979, the Occupational Safety and Health Standards Board shall
conduct public hearings for the purpose of establishing
classifications of use of products defined in paragraph (1) of this
subdivision which are exempt from the prohibition of subdivision (a).
The board shall, on or before July 1, 1979, establish by regulation
such classifications, if any, of the use of products defined in
paragraph (1) of this subdivision which the board determines are
exempt from the prohibition of subdivision (a). After July 1, 1979,
the board may, after public hearings, amend, add, or repeal such
regulations.
   During any use, spraying, application, handling, storage, repair,
disposal, processing, or transportation of such products, the person
who causes or permits such acts pursuant to an exemption provided in,
or adopted pursuant to, this subdivision shall comply with the
provisions of Section 5208, Title 8, California Administrative Code
as it exists on the effective date of the amendments to this section
enacted by the Statutes of 1978 or may, thereafter, be amended.
However, on or before July 1, 1979, the board shall adopt
regulations, and make such regulations operative on July 1, 1979, to
establish the time weighted average concentration limits for employee
exposure to airborne asbestos fibers arising from any use, spraying,
application, handling, storage, repair, disposal, processing, or
transportation of exterior and interior coatings and laminating
resins containing asbestos fibers contained within the finished
product from manufacture through application, and cold process
asphalt roof coatings pursuant to an exemption adopted pursuant to
this subdivision at levels no higher than the levels contained in
subparagraph (A), paragraph (1), subdivision (g) of Section 5208,
Title 8, California Administrative Code, as it exists on the
effective date of the amendments to this section enacted by the
Statutes of 1978 or as such regulations may, thereafter, be amended.
   (e) (1) Any substance which contains less than one-quarter of 1
percent asbestos which occurs solely as a result of naturally
occurring impurities in the substance or its components shall be
exempt from the provisions of this chapter until July 1, 1979.
   (2) Pursuant to the provisions of Chapter 6 (commencing with
Section 140) of Division 1 of the Labor Code, on or before June 1,
1979, the Occupational Safety and Health Standards Board shall
conduct public hearings for the purpose of establishing
classifications of use of products defined in paragraph (1) of this
subdivision which are exempt from the prohibition of subdivision (a).
The board shall, on or before July 1, 1979, establish by regulation
such classifications, if any, of the use of products defined in
paragraph (1) of this subdivision which the board determines are
exempt from the prohibition of subdivision (a). After July 1, 1979,
the board may, after public hearings, amend, add, or repeal such
regulations.
   (3) During any use, spraying, application, handling, storage,
repair, disposal, processing, or transportation of such products, the
person who causes or permits such acts pursuant to an exemption
provided in, or adopted pursuant to, this subdivision shall comply
with the provisions of Section 5208, Title 8, California
Administrative Code as it exists on the effective date of the
amendments to this section enacted by the Statutes of 1978 or may,
thereafter, be amended. However, on or before July 1, 1979, the board
shall adopt regulations, and make such regulations operative on July
1, 1979, to establish the time weighted average concentration limits
and ceiling concentration limits for employee exposure to airborne
asbestos fibers arising from any use, spraying, application,
handling, storage, repair, disposal, processing, or transportation of
any substance which contains less than one-quarter of 1 percent
asbestos which occurs solely as a result of naturally occurring
impurities in the substance or its components pursuant to an
exemption adopted pursuant to this subdivision at levels no higher
than the levels prescribed in subparagraph (A), paragraph (1),
subdivision (g) of Section 5208, Title 8, California Administrative
Code, as it exists on the effective date of the amendments to this
section enacted by the Statutes of 1978 or as such regulations may,
thereafter, be amended.
   (f) The adoption of classifications of methods or processes or
uses which are exempted from the prohibition of subdivision (a) by
the Occupational Safety and Health Standards Board made pursuant to
this section shall not in any way limit or prevent any inspections by
the Division of Industrial Safety of the Department of Industrial
Relations. The provisions of this section shall not supersede or in
any way limit the requirements for monitoring and complying with the
airborne asbestos fiber exposure limits, employee protective
requirements, and reporting requirements of Section 24230 of this
code, of Section 142.3 or 6500 of the Labor Code, or of the rules and
regulations adopted pursuant thereto.



25910.5.  (a) The State Department of Health Services shall adopt
regulations prohibiting or regulating the use of asbestos
notwithstanding Section 25910 if the state department finds that such
use is dangerous to the public health.
   (b) The State Department of Health Services shall enforce the
regulations adopted pursuant to this section, and may commence and
maintain all proper actions to enjoin and abate violations of such
regulations or to compel the performance of any act specifically
required of any person, officer, or board by such regulations to
protect and preserve the public health.



25911.  Any violation of this chapter shall be a misdemeanor.



25912.  Any building department of any city, county, city and
county, or other enforcement agency charged with issuance and
enforcement of building permits shall revoke any building permit if
asbestos is being applied in violation of Section 25910 or require
that corrective action be taken.



25913.  (a) (1) The Division of Occupational Safety and Health of
the Department of Industrial Relations shall enforce this chapter
with respect to the safety of employees as provided in Part 1
(commencing with Section 6300) of Division 5 of the Labor Code.
   (2) However, the Division of Occupational Safety and Health shall
be responsible for the enforcement of subdivision (b) of Section
25910 only with respect to the manufacture of the substances
described there, only when workers are handling such substances, and
only if the division or any employee or agent of the division becomes
aware of such manufacture. Furthermore, in such cases, the division
shall enforce subdivision (b) of Section 25910 by issuing an order
prohibiting use or entry, pursuant to the procedure described in
Sections 6325 to 6327, inclusive, of the Labor Code, regardless of
whether there exists employee exposure, a dangerous condition,
improper guarding, dangerous placement, or an imminent hazard, and at
any hearing concerning the validity of such an order, no proof need
be tendered by the division concerning employee exposure, dangerous
condition, improper guarding, dangerous placement, or imminent
hazard.
   (b) The State Department of Health Services shall have the
responsibility for the administration and enforcement of this chapter
with respect to its environmental and public health purposes and may
commence and maintain all proper and necessary actions to enjoin
activities constituting violations of this chapter or to compel the
performance of any act specifically required of any person, officer,
or board by this chapter with respect to the environmental and public
health purposes of this chapter. The state department shall enforce
the provisions of Section 25910 in any circumstances or facilities
except as provided in subdivision (a) of this section, and, in such
event, may notify the Division of Occupational Safety and Health of
any violations of such provisions within its jurisdiction.